An exact and most impartial accompt of the indictment, arraignment, trial, and judgment (according to law) of twenty nine regicides, the murtherers of His Late Sacred Majesty of most glorious memory begun at Hicks-Hall on Tuesday, the 9th of October, 1660, and continued (at the Sessions-House in the Old-Bayley) until Friday, the nineteenth of the same moneth : together with a summary of the dark and horrid decrees of the caballists, preperatory to that hellish fact exposed to view for the reader's satisfaction, and information of posterity.
         Nottingham, Heneage Finch, Earl of, 1621-1682.
      
       
         
           1679
        
      
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             An exact and most impartial accompt of the indictment, arraignment, trial, and judgment (according to law) of twenty nine regicides, the murtherers of His Late Sacred Majesty of most glorious memory begun at Hicks-Hall on Tuesday, the 9th of October, 1660, and continued (at the Sessions-House in the Old-Bayley) until Friday, the nineteenth of the same moneth : together with a summary of the dark and horrid decrees of the caballists, preperatory to that hellish fact exposed to view for the reader's satisfaction, and information of posterity.
             Nottingham, Heneage Finch, Earl of, 1621-1682.
          
           [3], 329 p.
           
             Printed for R. Scot, T. Basset, R. Chiswell and J. Wright,
             London :
             1679.
          
           
             Errors in paging.
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
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         eng
      
       
         
           Charles -- I, -- King of England, 1600-1649.
           Regicides.
        
      
    
     
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           Imprimatur
           ;
        
         
           
             J.
             BERKENHEAD
             .
          
           
             1660.
             
          
        
      
       
         
         
           AN
           EXACT
           and
           most
           IMPARTIAL
           ACCOMPT
           OF
           The
           
             Indictment
             ,
             Arraignment
             ,
             Trial
          
           ,
           and
           Judgment
           (
           according
           to
           Law
           )
           of
           Twenty
           Nine
           REGICIDES
           ,
           THE
           Murtherers
           Of
           His
           Late
           .
           SACRED
           MAJESTY
           Of
           Most
           Glorious
           Memory
           :
           Begun
           at
           Hicks-Hall
           on
           Tuesday
           ,
           the
           9th
           .
           of
           October
           ,
           1660.
           
           And
           Continued
           (
           at
           the
           Sessions-House
           in
           the
           Old-Bayley
           )
           until
           Friday
           ,
           the
           nineteenth
           of
           the
           same
           Moneth
           .
        
         
           Together
           with
           a
           SUMMARY
           of
           the
           Dark
           ,
           and
           Horrid
           Decrees
           of
           those
           Caballists
           ,
           Preparatory
           to
           that
           Hellish
           Fact.
           
        
         
           Exposed
           to
           view
           for
           the
           
           Reader
           's
           Satisfaction
           ,
           〈◊〉
           Information
           of
           Posterity
           .
        
         
           London
           ,
           Printed
           for
           
             R.
             Scot
             ,
             T.
             Basset
             ,
             R.
             Chis●ell
             ▪
          
           and
           
             J.
             Wright
          
           ,
           1679.
           
        
      
    
     
       
         
         
         
           A
           SUMMARY
           (
           by
           way
           of
           Premise
           )
           of
           the
           dark
           Proceedings
           of
           the
           Cabal
           at
           WESTMINSTER
           ,
           Preparatory
           to
           the
           Murther
           of
           His
           late
           Sacred
           Majesty
           ,
           Taken
           out
           of
           their
           own
           Journal-Book
           .
        
         
           THe
           Commons
           Resolved
           ,
           
           That
           no
           further
           Addresses
           be
           made
           to
           the
           King
           ,
           by
           themselves
           ,
           nor
           by
           any
           other
           ,
           without
           leave
           of
           both
           Houses
           ;
           And
           those
           ,
           that
           do
           ,
           to
           incur
           the
           Penalty
           of
           High-Treason
           .
        
         
           And
           Declare
           ,
           They
           will
           receive
           no
           more
           Messages
           from
           Him.
           
        
         
           And
           Enjoyn
           ,
           That
           no
           Person
           ,
           whatsoever
           ,
           receive
           ,
           or
           bring
           ,
           any
           Message
           from
           Him
           ,
           to
           Both
           ,
           or
           either
           Houses
           ,
           or
           to
           any
           other
           Person
           .
        
         
           
             15.
             
             Jan.
          
           1647.
           
           The
           Lords
           concurred
           to
           these
           Votes
           .
        
         
           
             17.
             
             August
          
           ,
           1648.
           
           The
           Commons
           concur
           with
           the
           Lords
           ,
           That
           these
           Votes
           for
           Non-Addresses
           be
           Revoked
           .
        
         
           
             20.
             
             November
          
           ,
           1648
           The
           Army
           present
           their
           Remonstrance
           to
           the
           Parliament
           ,
           for
           bringing
           Delinquents
           to
           Justice
           .
        
         
         
           
             24.
             
             November
          
           ,
           1648.
           
           The
           Treaty
           ,
           at
           the
           Isle
           of
           Wight
           ,
           Voted
           to
           continue
           till
           the
           twenty
           seventh
           of
           November
           .
        
         
           
             1.
             
             December
          
           ,
           1648.
           
           Master
           Hollis
           presents
           an
           Account
           of
           the
           Treaty
           with
           the
           King.
           
        
         
           And
           ,
           the
           same
           day
           ,
           information
           was
           brought
           them
           of
           the
           King
           's
           being
           removed
           ,
           from
           Carisbrook
           ,
           to
           Hurst
           Castle
           .
        
         
           
             5.
             
             December
          
           ,
           1648.
           
           The
           King's
           Answer
           to
           the
           Propositions
           Voted
           a
           Ground
           for
           the
           House
           to
           proceed
           upon
           ,
           for
           Settlement
           of
           the
           Peace
           of
           the
           Kingdom
           .
        
         
           
             6.
             
             December
          
           ,
           1648.
           
           The
           Members
           were
           secured
           by
           Colonel
           Pride
           .
        
         
           
             7.
             
             December
          
           ,
           1648.
           
           The
           House
           of
           Commons
           appointed
           a
           day
           of
           Humiliation
           ;
           
             Peters
             ,
             Caryl
          
           ,
           and
           Marshal
           ,
           to
           perform
           the
           Duty
           .
        
         
           
             The
             several
             Votes
             
               
                 For
                 Revoking
                 the
                 Votes
                 for
                 Non
                 Addresses
                 to
                 the
                 King
                 ,
              
               
                 For
                 a
                 Treaty
                 to
                 be
                 had
                 with
                 Him
                 ,
              
               
                 That
                 His
                 Answers
                 to
                 the
                 Propositions
                 ,
                 were
                 a
                 Ground
                 for
                 Peace
                 ,
                 
                   
                     Voted
                     Dishonourable
                     and
                     Destructive
                     .
                  
                
              
            
          
        
         
           
             23.
             
             December
          
           ,
           1648.
           
           A
           Committee
           was
           appointed
           to
           consider
           ,
           how
           to
           proceed
           in
           a
           way
           of
           Justice
           against
           the
           King
           ,
           and
           other
           Capital
           Offenders
           .
        
         
           
             28.
             
             December
          
           ,
           1648.
           
           An
           Ordinance
           for
           Trial
           of
           the
           King
           was
           read
           .
        
         
           
             1.
             
             January
             ,
             1648.
             
             Declared
             ,
          
           and
           adjudged
           by
           the
           Commons
           ,
           That
           ,
           by
           the
           Fundamental
           Laws
           ,
           It
           is
           Treason
           in
           the
           King
           of
           England
           for
           the
           time
           being
           ,
           to
           levy
           War
           against
           the
           Parliament
           and
           Kingdom
           .
        
         
           
             2.
             
             Jan.
          
           1648.
           
           The
           Lords
           disagreed
           to
           this
           Vote
           ,
           and
           cast
           it
           out
           ,
           and
           the
           Ordinance
           for
           Tryal
           of
           the
           King
           ,
           
             Nemine
             contradicente
          
           .
        
         
           
             3.
             
             Jan.
          
           1648.
           
           The
           same
           Vote
           was
           again
           put
           to
           the
           question
           in
           the
           House
           of
           Commons
           ,
           and
           carried
           in
           the
           Affirmative
           .
        
         
           
             4.
             
             Jan.
          
           1648.
           
           Master
           Garland
           presents
           a
           new
           
             Ordinance
             for
             erecting
             an
             High
             Court
             of
             Justice
             for
             Tryal
             of
             the
             King
             :
          
           which
           
           was
           read
           the
           first
           ,
           second
           ,
           and
           third
           time
           ,
           assented
           to
           ,
           and
           passed
           the
           same
           day
           .
        
         
           And
           Ordered
           no
           Copy
           to
           be
           delivered
           .
        
         
           Same
           day
           .
           Resolved
           ,
           That
           the
           People
           are
           (
           under
           God
           )
           the
           Original
           of
           all
           just
           Powers
           .
        
         
           That
           themselves
           ,
           being
           Chosen
           by
           ,
           and
           Representing
           the
           People
           ,
           have
           the
           Supreme
           Power
           in
           the
           Nation
           .
        
         
           That
           whatsoever
           is
           Enacted
           ,
           or
           Declared
           ,
           for
           Law
           by
           the
           Commons
           in
           Parliament
           ,
           hath
           the
           force
           of
           a
           Law
           ,
           and
           the
           People
           concluded
           thereby
           :
           though
           Consent
           of
           King
           ,
           and
           Peers
           ,
           be
           not
           had
           thereunto
           .
        
         
           
             6
             Jan.
          
           1648.
           
           The
           Commissioners
           for
           Tryal
           of
           the
           King
           are
           Ordered
           to
           meet
           on
           Monday
           then
           next
           at
           two
           of
           the
           Clock
           ,
           in
           the
           Painted-Chamber
           ,
        
         
           Their
           days
           of
           sitting
           were
           ,
           8
           ,
           10
           ,
           12
           ,
           13
           ,
           15
           ,
           17
           ,
           18
           ,
           19
           ,
           20
           ,
           22
           ,
           23
           ,
           24
           ,
           25
           ,
           26
           ,
           27
           ,
           29
           ,
           of
           January
           ,
           1648.
           
        
         
           Painted-Chamber
           ,
           Monday
           ,
           8
           January
           .
           They
           chose
           
             Ask
             ,
             Dorislaus
             ,
             Steel
          
           ,
           and
           
             Cook
             ,
             to
             be
             their
          
           Councel
           ,
           and
           other
           Officers
           .
        
         
           And
           sent
           out
           their
           Precept
           ,
           under
           their
           Hands
           ,
           and
           Seals
           ,
           for
           Proclaiming
           their
           Court
           in
           Westminster-hall
           ,
           to
           be
           held
           in
           the
           Painted-Chamber
           ,
           on
           the
           tenth
           .
           Which
           Precept
           is
           all
           of
           
           Ireton's
           Hand-writing
           .
           
             Journal
             of
             the
             Court
          
           ,
           fol.
           6.
           And
        
         
           Tuesday
           ,
           the
           19th
           .
           The
           Commissioners
           Ordered
           ;
           That
           the
           Proclamation
           be
           made
           in
           Cheap-side
           ,
           and
           at
           the
           Old-Exchange
           :
           And
           appointed
           a
           Committee
           to
           consider
           of
           the
           matter
           of
           Government
           ,
           of
           making
           a
           new
           Great
           Seal
           ,
           and
           not
           using
           the
           name
           of
           a
           Single
           Person
           .
        
         
           Wednesday
           ,
           the
           tenth
           .
           They
           chose
           Bradshaw
           (
           who
           was
           absent
           )
           for
           their
           President
           ,
           and
           
             Say
             ,
             pro
             tempore
          
           ,
           who
           gave
           Garland
           thanks
           for
           his
           Pains
           about
           the
           business
           of
           the
           Court.
           Fol.
           72.
           
        
         
           And
           appointed
           their
           Councel
           to
           prepare
           ,
           and
           prosecute
           ,
           their
           Charge
           .
        
         
           And
           a
           Committee
           to
           consider
           for
           carrying
           on
           the
           Tryal
           .
           Whereof
           
             Millington
             ,
             Garland
          
           ,
           and
           Martin
           were
           three
           .
        
         
           Friday
           ,
           the
           twelve
           .
           Waller
           ,
           and
           Harrison
           ,
           are
           desired
           to
           attend
           the
           General
           ,
           to
           appoint
           Guards
           ,
           to
           attend
           the
           Court.
           
        
         
           And
           Titchbourn
           ,
           and
           Roe
           ,
           with
           others
           ,
           to
           prepare
           for
           the
           
           Solemnity
           of
           the
           Tryal
           ,
           and
           to
           appoint
           Workmen
           ,
           &c.
           Fol.
           16.
           
        
         
           The
           Charge
           to
           be
           brought
           in
           on
           Monday
           .
        
         
           And
           
             Waller
             ,
             Scot
             ,
             Titchbourn
             ,
             Harrison
             ,
          
           and
           others
           to
           consider
           of
           the
           place
           for
           Tryal
           ,
           and
           Report
           the
           next
           day
           .
        
         
           Saturday
           ,
           the
           thirteenth
           .
           Upon
           
           Garland's
           Report
           ,
           Ordered
           ,
           The
           Tryal
           be
           where
           the
           Courts
           of
           
           King's
           Bench
           ,
           and
           Chancery
           sate
           in
           Westminster-Hall
           .
           fol.
           20.
           
        
         
           Monday
           ,
           the
           Fifteenth
           .
           The
           Councel
           brought
           in
           a
           Draught
           of
           the
           Charge
           .
           And
           a
           Committee
           appointed
           ,
           to
           advise
           therein
           ,
           and
           compare
           the
           Evidence
           therewith
           .
           fol.
           21.
           
        
         
           And
           they
           ,
           and
           others
           ,
           to
           consider
           the
           manner
           of
           bringing
           the
           King
           to
           his
           Tryal
           .
        
         
           And
           that
           day
           Titchbourn
           delivered
           a
           Petition
           to
           the
           Commons
           ,
           in
           the
           name
           of
           the
           Commons
           in
           London
           ,
           in
           Common-Council
           ,
           differing
           from
           the
           Lord
           Major
           ,
           and
           Aldermen
           .
        
         
           The
           Substance
           was
           for
           bringing
           the
           King
           to
           Justice
           .
           Which
           was
           Ordered
           ,
           to
           be
           Registred
           in
           the
           Books
           of
           Common-Councel
           .
        
         
           Wednesday
           ,
           the
           17th
           .
           The
           Charge
           recommitted
           to
           the
           Committee
           .
           Fol.
           24.
           
        
         
           Thursday
           ,
           the
           18th
           .
           Tichbourn
           excused
           the
           absence
           of
           Mr.
           Steel
           :
           and
           nothing
           then
           else
           done
           .
           Fol.
           29.
           
        
         
           Friday
           ,
           the
           19th
           .
           Upon
           
           Millington's
           Report
           of
           the
           Charge
           ,
           and
           Form
           of
           words
           for
           exhibiting
           it
           ;
           Ordered
           ,
           That
           the
           Attorney
           ,
           or
           ,
           in
           his
           absence
           the
           Solicitor
           exhibit
           it
           .
           Fol.
           30.
           
        
         
           And
           
             Waller
             ,
             Harrison
          
           ,
           and
           others
           ,
           to
           appoint
           thirty
           to
           wait
           upon
           the
           King
           ;
           and
           twenty
           upon
           the
           President
           .
        
         
           Saturday
           ,
           the
           20th
           .
           Forenoon
           .
           Ordered
           ,
           That
           Mildmay
           deliver
           the
           Sword
           of
           State
           to
           Humphreys
           ,
           to
           bear
           before
           the
           President
           .
        
         
           The
           Solicitor
           presents
           the
           Charge
           engrossed
           ;
           which
           being
           read
           ,
           and
           signed
           ,
           by
           him
           ,
           was
           returned
           to
           him
           to
           be
           exhibited
           .
           And
           then
           Adjourned
           to
           Westminster-Hall
           .
        
         
           
             Westminster-Hall
             ,
             Saturday
          
           ,
           the
           20th
           .
           Afternoon
           .
           The
           King
           was
           brought
           in
           by
           Thomlinson
           ,
           attended
           by
           Hacke
           ,
           and
           two
           and
           thirty
           Partisans
           .
        
         
           And
           Cook
           then
           exhibited
           the
           Charge
           .
           And
           the
           King
           not
           
           owning
           their
           Authority
           ,
           was
           remanded
           .
           And
           they
           Adjourned
           till
           Monday
           .
        
         
           
             Painted-Chamber
             ,
             Monday
          
           ,
           the
           22d
           .
           Forenoon
           .
           They
           approved
           of
           what
           their
           President
           had
           done
           on
           Saturday
           ;
           and
           Resolved
           ,
        
         
           That
           the
           King
           should
           not
           be
           suffered
           to
           question
           their
           Jurisdiction
           .
           Fol.
           50.
           
        
         
           Westminster-Hall
           ,
           Same
           day
           ,
           Afternoon
           .
           Cook
           prayed
           ,
           That
           the
           King
           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
                     perceive
                     by
                     this
                     Commission
                     that
                     hath
                     been
                     read
                     ,
                     that
                     we
                     are
                     authorized
                     by
                     the
                     King's
                     Majesty
                     to
                     hear
                     ,
                     and
                     determine
                     ,
                     all
                     Treasons
                     ,
                     Felonies
                     ,
                     and
                     other
                     Offences
                     ,
                     within
                     this
                     County
                     :
                     But
                     because
                     this
                     Commission
                     is
                     upon
                     a
                     special
                     occasion
                     ,
                     the
                     Execrable
                     Murther
                     of
                     the
                     blessed
                     King
                     ,
                     that
                     is
                     now
                     a
                     Saint
                     in
                     Heaven
                     ,
                     King
                     
                       Charls
                       the
                       first
                    
                     ;
                     we
                     shall
                     not
                     trouble
                     you
                     with
                     the
                     Heads
                     of
                     a
                     long
                     Charge
                     .
                     The
                     ground
                     of
                     this
                     Commission
                     was
                     ,
                     and
                     is
                     ,
                     from
                     the
                     
                       Act
                       of
                       Oblivion
                       ,
                       and
                       Indempnity
                       .
                    
                     You
                     shall
                     find
                     in
                     that
                     Act
                     there
                     is
                     an
                     Exception
                     of
                     several
                     persons
                     ,
                     who
                     (
                     for
                     their
                     Execrable
                     Treasons
                     ,
                     in
                     sentencing
                     to
                     Death
                     ,
                     and
                     signing
                     the
                     Warrant
                     for
                     the
                     taking
                     away
                     the
                     Life
                     of
                     our
                     said
                     Sovereign
                     )
                     are
                     left
                     to
                     be
                     proceeded
                     against
                     as
                     Traytors
                     ,
                     according
                     to
                     the
                     Laws
                     of
                     England
                     ;
                     and
                     are
                     out
                     of
                     that
                     Act
                     wholly
                     excepted
                     ,
                     and
                     fore-prized
                     .
                  
                   
                     Gentlemen
                     ,
                     You
                     see
                     these
                     Persons
                     are
                     to
                     be
                     proceeded
                     with
                     ,
                     according
                     to
                     the
                     Laws
                     of
                     the
                     Land
                     ;
                     and
                     I
                     shall
                     speak
                     nothing
                     to
                     you
                     ,
                     but
                     what
                     are
                     the
                     words
                     of
                     the
                     Laws
                     .
                     By
                     the
                     Statute
                     of
                     the
                     twenty
                     fifth
                     of
                     
                       Edward
                       the
                       third
                    
                     (
                     a
                     Statute
                     ,
                     or
                     Declaration
                     of
                     Treason
                     )
                     it
                     is
                     made
                     High-Treason
                     to
                     compass
                     ,
                     and
                     imagine
                     ,
                     the
                     Death
                     of
                     the
                     King.
                     It
                     was
                     the
                     ancient
                     Laws
                     of
                     the
                     Nation
                     .
                     In
                     no
                     Case
                     else
                     Imagination
                     ,
                     or
                     Compassing
                     ,
                     without
                     an
                     Actual
                     Effect
                     of
                     it
                     ,
                     was
                     punishable
                     by
                     our
                     Law.
                     
                       Nihil
                       officit
                       Conatus
                       ,
                       nisi
                       sequatur
                       Effectus
                    
                     ;
                     that
                     was
                     the
                     old
                     Rule
                     of
                     Law
                     :
                     But
                     in
                     the
                     case
                     of
                     the
                     King
                     ;
                     His
                     Life
                     was
                     so
                     pretious
                     ,
                     that
                     the
                     Intent
                     was
                     Treason
                     by
                     the
                     
                       Common
                       Law
                    
                     ;
                     and
                     Declared
                     Treason
                     by
                     this
                     Statute
                     .
                     The
                     reason
                     of
                     it
                     is
                     this
                     ,
                     In
                     the
                     case
                     of
                     the
                     Death
                     of
                     the
                     King
                     ,
                     the
                     Head
                     of
                     the
                     Commonwealth
                     that
                     's
                     cut
                     off
                     :
                     and
                     what
                     a
                     Trunk
                     ,
                     an
                     inanimate
                     Lump
                     ,
                     the
                     Body
                     is
                     ,
                     when
                     the
                     Head
                     is
                     gone
                     ,
                     you
                     all
                     know
                     .
                     For
                     the
                     Life
                     of
                     a
                     single
                     man
                     ,
                     there
                     's
                     the
                     Life
                     of
                     the
                     Offendor
                     ;
                     there
                     's
                     some
                     Recompence
                     ,
                     Life
                     for
                     Life
                     :
                     But
                     for
                     the
                     Death
                     of
                     the
                     King
                     what
                     Recompence
                     can
                     be
                     made
                     ?
                     This
                     Compassing
                     ,
                     
                     and
                     Imagining
                     the
                     cutting
                     off
                     the
                     Head
                     of
                     the
                     King
                     is
                     known
                     by
                     some
                     Overt-Act
                     .
                     Treason
                     it
                     is
                     in
                     the
                     wicked
                     Imagination
                     ;
                     though
                     not
                     Treason
                     Apparent
                     ;
                     but
                     when
                     this
                     Poison
                     swells
                     out
                     of
                     the
                     Heart
                     ,
                     and
                     breaks
                     forth
                     into
                     Action
                     :
                     in
                     that
                     case
                     ,
                     it
                     's
                     High-Treason
                     .
                  
                   
                     Then
                     what
                     is
                     an
                     Imagination
                     ,
                     or
                     Compassing
                     of
                     the
                     King's
                     Death
                     ?
                     Truly
                     ,
                     it
                     is
                     any
                     thing
                     which
                     shews
                     what
                     the
                     Imagination
                     is
                     .
                     Words
                     in
                     many
                     cases
                     ,
                     are
                     Evidences
                     of
                     this
                     Imagination
                     :
                     they
                     are
                     Evidences
                     of
                     the
                     Heart
                     .
                     Secondly
                     ,
                     As
                     Words
                     :
                     so
                     if
                     a
                     man
                     ,
                     if
                     two
                     men
                     do
                     conspire
                     to
                     Levy
                     War
                     against
                     the
                     King
                     (
                     and
                     (
                     by
                     the
                     way
                     )
                     what
                     I
                     say
                     of
                     the
                     King
                     ,
                     is
                     ,
                     as
                     well
                     of
                     the
                     King
                     dead
                     ,
                     as
                     living
                     ;
                     for
                     ,
                     if
                     a
                     Treason
                     be
                     committed
                     in
                     the
                     Life
                     of
                     one
                     King
                     ,
                     it
                     is
                     a
                     Treason
                     ,
                     and
                     punishable
                     in
                     the
                     Time
                     of
                     the
                     Successor
                     )
                     Then
                     ,
                     I
                     say
                     ,
                     in
                     case
                     ,
                     not
                     only
                     of
                     Words
                     ;
                     but
                     if
                     they
                     conspire
                     to
                     Levy
                     War
                     against
                     the
                     King
                     ,
                     there
                     's
                     another
                     Branch
                     of
                     this
                     Statute
                     ,
                     the
                     
                       Levying
                       of
                       War
                    
                     is
                     Treason
                     .
                     But
                     ,
                     if
                     men
                     shall
                     go
                     ,
                     and
                     consult
                     together
                     ,
                     and
                     this
                     is
                     to
                     kill
                     the
                     King
                     ,
                     to
                     put
                     Him
                     to
                     Death
                     :
                     this
                     Consultation
                     is
                     clearly
                     an
                     Overt-Act
                     to
                     prove
                     this
                     Imagination
                     ,
                     or
                     Compassing
                     of
                     the
                     King's
                     Death
                     .
                  
                   
                     But
                     what
                     will
                     you
                     say
                     then
                     ,
                     if
                     men
                     do
                     not
                     only
                     go
                     about
                     to
                     conspire
                     ,
                     and
                     consult
                     ;
                     but
                     take
                     upon
                     them
                     to
                     Judge
                     Condemn
                     ,
                     nay
                     ,
                     put
                     to
                     Death
                     the
                     King
                     ?
                     Certainly
                     ,
                     this
                     is
                     so
                     much
                     beyond
                     the
                     Imagination
                     and
                     Compassing
                     :
                     as
                     't
                     is
                     not
                     only
                     laying
                     the
                     Cockatrice's
                     Egg
                     ;
                     but
                     brooding
                     upon
                     it
                     ,
                     till
                     it
                     hath
                     brought
                     forth
                     a
                     Serpent
                     .
                     I
                     must
                     deliver
                     to
                     you
                     for
                     plain
                     ,
                     and
                     true
                     ,
                     Law
                     ;
                     That
                     
                       no
                       Authority
                       ,
                       no
                       single
                       person
                       ,
                       no
                       community
                       of
                       persons
                       ,
                       not
                       the
                       people
                       Collectively
                       ,
                       or
                       Representatively
                       ,
                       have
                       any
                       coercive
                       power
                       over
                       the
                       King
                       of
                    
                     England
                     .
                     And
                     I
                     do
                     not
                     speak
                     mine
                     own
                     Sence
                     ;
                     but
                     the
                     words
                     of
                     the
                     Laws
                     unto
                     you
                     .
                     It
                     was
                     the
                     Treason
                     of
                     the
                     Spencers
                     ,
                     in
                     King
                     
                       Edward
                       the
                       Second's
                    
                     Time
                     ,
                     in
                     Calvin's
                     case
                     ,
                     second
                     Report
                     .
                     The
                     Spencers
                     had
                     an
                     opinion
                     ,
                     that
                     all
                     Homage
                     and
                     Allegiance
                     was
                     due
                     to
                     the
                     King
                     ,
                     by
                     reason
                     of
                     the
                     Crown
                     ,
                     as
                     they
                     called
                     it
                     .
                     And
                     thereupon
                     (
                     say
                     the
                     Books
                     ,
                     and
                     Records
                     )
                     they
                     drew
                     out
                     this
                     execrable
                     Inference
                     (
                     among
                     others
                     )
                     That
                     if
                     the
                     King
                     did
                     not
                     demean
                     himself
                     according
                     to
                     Right
                     ;
                     because
                     he
                     could
                     not
                     be
                     reformed
                     by
                     Law
                     ,
                     he
                     might
                     
                       per
                       aspertee
                    
                     ,
                     that
                     is
                     ,
                     
                       by
                       sharp
                       Imprisonment
                    
                     :
                     but
                     this
                     
                     was
                     adjudged
                     horrid
                     Treason
                     by
                     two
                     Acts
                     of
                     Parliament
                     .
                  
                   
                     Gentlemen
                     ,
                     Let
                     me
                     tell
                     you
                     what
                     our
                     Law-books
                     say
                     :
                     for
                     there
                     's
                     the
                     Ground
                     ,
                     out
                     of
                     which
                     (
                     and
                     the
                     Statutes
                     together
                     )
                     we
                     must
                     draw
                     all
                     our
                     Conclusions
                     for
                     matter
                     of
                     Government
                     .
                  
                   
                     How
                     do
                     they
                     Stile
                     the
                     King
                     ?
                     They
                     call
                     Him
                     ,
                     
                       The
                       Lieutenant
                       of
                       God
                    
                     ,
                     and
                     many
                     other
                     expressions
                     ,
                     in
                     the
                     Book
                     of
                     
                       Primo
                       Henrici
                       Septimi
                    
                     .
                     Says
                     that
                     Book
                     there
                     ;
                     
                       The
                       King
                       is
                       immediate
                       from
                       God
                       ,
                       and
                       hath
                       no
                       Superior
                       .
                    
                     The
                     
                       Statutes
                       say
                    
                     ;
                     That
                     
                       the
                       Crown
                       of
                    
                     England
                     
                       is
                       immediately
                       subject
                       to
                       God
                       ,
                       and
                       to
                       no
                       other
                       Power
                       .
                       The
                       King
                    
                     (
                     says
                     our
                     Books
                     )
                     
                       He
                       is
                       not
                       only
                    
                     Caput
                     Populi
                     ,
                     
                       the
                       Head
                       of
                       the
                       People
                       ;
                       but
                    
                     Caput
                     Reipublicae
                     ,
                     
                       the
                       Head
                       of
                       the
                       Commonwealth
                       ,
                       The
                       three
                       Estates
                       .
                    
                     And
                     ,
                     truly
                     ,
                     thus
                     our
                     Statutes
                     speak
                     very
                     fully
                     .
                     Common
                     Experience
                     tells
                     you
                     ,
                     when
                     we
                     speak
                     of
                     the
                     King
                     ,
                     and
                     so
                     the
                     Statutes
                     of
                     
                       Edward
                       the
                       Third
                    
                     ,
                     we
                     call
                     the
                     King
                     ,
                     
                       Our
                       Sovereign
                       Lord
                       the
                       King
                       :
                       Sovereign
                       ,
                    
                     that
                     is
                     ,
                     Supreme
                     .
                     And
                     when
                     the
                     Lords
                     ,
                     and
                     Commons
                     ,
                     in
                     Parliament
                     ,
                     apply
                     themselves
                     to
                     the
                     King
                     ,
                     they
                     use
                     this
                     Expression
                     ,
                     
                       Your
                       Lords
                       ,
                       and
                       Commons
                       ,
                       your
                       faithful
                       Subjects
                       ,
                       humbly
                       beseech
                       .
                    
                     I
                     do
                     not
                     speak
                     any
                     Words
                     of
                     my
                     own
                     ;
                     but
                     the
                     Words
                     of
                     the
                     Laws
                     .
                     Look
                     upon
                     the
                     
                       Statute
                       ,
                       primo
                       Jacobi
                    
                     ,
                     there
                     's
                     a
                     Recognition
                     ,
                     that
                     the
                     Crown
                     of
                     England
                     was
                     lawfully
                     descended
                     on
                     the
                     King
                     ,
                     and
                     His
                     Progeny
                     .
                  
                   
                     (
                     The
                     Statute
                     it self
                     was
                     read
                     ,
                     to
                     which
                     it
                     is
                     desired
                     ,
                     the
                     Reader
                     will
                     be
                     referred
                     .
                     )
                  
                   
                     
                       These
                       are
                       the
                       Words
                       of
                       the
                    
                     Act.
                     
                       And
                       this
                       is
                       not
                       the
                       first
                       precedent
                       :
                       for
                       you
                       shall
                       find
                       it
                    
                     primo
                     Eli.
                     cap.
                     3.
                     
                     
                       They
                       do
                       acknowledge
                       the
                       Imperial
                       Crown
                       lawfully
                       descended
                       on
                       the
                    
                     Queen
                     ,
                     
                       the
                       same
                    
                     Recognition
                     
                       with
                       this
                       .
                       Before
                       that
                       (
                       because
                       we
                       shall
                       shew
                       you
                       we
                       go
                       upon
                       Grounds
                       of
                       Law
                       in
                       what
                       we
                       say
                       )
                    
                     Stat.
                     24.
                     
                     Hen.
                     8.
                     cap.
                     12.
                     
                     Whereas
                     by
                     sundry
                     old
                     authentick
                     Histories
                     ,
                     and
                     Chronicles
                     ,
                     it
                     is
                     manifestly
                     declared
                     ,
                     and
                     expressed
                     ,
                     that
                     this
                     Realm
                     of
                     England
                     is
                     an
                     Empire
                     ,
                     and
                     so
                     hath
                     been
                     accepted
                     in
                     the
                     world
                     ,
                     governed
                     by
                     one
                     Supreme
                     Head
                     and
                     King
                     ,
                     having
                     the
                     Dignity
                     ,
                     and
                     Royal
                     Estate
                     of
                     the
                     Imperial
                     Crown
                     ,
                     of
                     the
                     same
                     ,
                     &c.
                     
                  
                   
                     25
                     Hen.
                     8.
                     c.
                     21.
                     there
                     it
                     is
                     ,
                     the
                     people
                     ,
                     speaking
                     of
                     themselves
                     ,
                     That
                     they
                     
                       do
                       recognize
                       no
                       Superiour
                       under
                       God
                       ,
                       but
                       only
                       the
                       King's
                       Grace
                       .
                    
                  
                   
                   
                     Gentlemen
                     ,
                     You
                     see
                     ,
                     if
                     the
                     King
                     be
                     immediate
                     under
                     God
                     ,
                     he
                     derives
                     his
                     Authority
                     from
                     no
                     body
                     else
                     :
                     if
                     the
                     King
                     have
                     an
                     Imperial
                     Power
                     ;
                     if
                     the
                     King
                     be
                     Head
                     of
                     the
                     Commonwealth
                     ,
                     Head
                     of
                     the
                     body
                     Politick
                     ;
                     if
                     the
                     body
                     Politick
                     own
                     him
                     obedience
                     :
                     truly
                     ,
                     I
                     think
                     it
                     is
                     an
                     undenied
                     consequence
                     ,
                     He
                     must
                     needs
                     be
                     Superiour
                     over
                     them
                     .
                  
                   
                     Gentlemen
                     ,
                     This
                     is
                     no
                     new
                     thing
                     ,
                     to
                     talk
                     of
                     an
                     Emperour
                     ,
                     or
                     an
                     
                       Imperial
                       Crown
                    
                     .
                     Do
                     not
                     mistake
                     me
                     all
                     this
                     while
                     :
                     It
                     is
                     one
                     thing
                     to
                     have
                     an
                     
                       Imperial
                       Crown
                    
                     ,
                     and
                     another
                     thing
                     to
                     govern
                     absolutely
                     .
                  
                   
                     Gentlemen
                     ,
                     The
                     
                       Imperial
                       Crown
                    
                     is
                     a
                     Word
                     ,
                     that
                     is
                     significative
                     :
                     you
                     shall
                     find
                     in
                     all
                     
                       Statutes
                       ,
                       primo
                       Eliz.
                    
                     and
                     the
                     first
                     of
                     King
                     James
                     ,
                     nay
                     ,
                     even
                     in
                     the
                     Act
                     of
                     Judicial
                     proceedings
                     of
                     this
                     Parliament
                     ,
                     it
                     is
                     called
                     an
                     Imperial
                     Crown
                     .
                     They
                     that
                     take
                     the
                     Oaths
                     of
                     Allegiance
                     ,
                     and
                     Supremacy
                     ,
                     they
                     swear
                     that
                     they
                     will
                     ,
                     to
                     their
                     power
                     ,
                     assist
                     ,
                     and
                     defend
                     all
                     Jurisdictions
                     ,
                     Priviledges
                     ,
                     Preheminences
                     ,
                     and
                     Authorities
                     ,
                     granted
                     or
                     belonging
                     to
                     the
                     King
                     ,
                     His
                     Heirs
                     ,
                     and
                     Successors
                     ,
                     or
                     annexed
                     to
                     the
                     
                       Imperial
                       Crown
                    
                     of
                     this
                     Realm
                     .
                     What
                     is
                     an
                     
                       Imperial
                       Crown
                    
                     ?
                     It
                     is
                     that
                     ,
                     which
                     ,
                     as
                     to
                     the
                     Coercive
                     part
                     ,
                     is
                     subject
                     to
                     no
                     man
                     under
                     God.
                     The
                     King
                     of
                     Poland
                     has
                     a
                     Crown
                     :
                     But
                     what
                     is
                     it
                     ?
                     At
                     his
                     Coronation
                     it
                     is
                     conditioned
                     with
                     the
                     people
                     ;
                     That
                     ,
                     if
                     he
                     shall
                     not
                     Govern
                     them
                     according
                     to
                     such
                     Rules
                     ,
                     they
                     shall
                     be
                     freed
                     from
                     their
                     Homage
                     ,
                     and
                     Allegiance
                     .
                     But
                     the
                     Crown
                     of
                     England
                     is
                     ,
                     and
                     always
                     was
                     ,
                     an
                     Imperial
                     Crown
                     ,
                     and
                     so
                     sworn
                     .
                  
                   
                     Gentlemen
                     ,
                     As
                     I
                     told
                     you
                     ,
                     even
                     now
                     ,
                     the
                     Imperial
                     Crown
                     is
                     a
                     Word
                     significative
                     ;
                     that
                     Crown
                     ,
                     which
                     as
                     to
                     the
                     Coercive
                     part
                     ,
                     is
                     not
                     subject-to
                     any
                     Humane
                     Tribunal
                     ,
                     or
                     Judicature
                     ,
                     whatsoever
                     .
                     And
                     ,
                     truly
                     ,
                     that
                     this
                     is
                     such
                     an
                     Imperial
                     Crown
                     ,
                     though
                     I
                     have
                     cited
                     Authorities
                     ancient
                     enough
                     ,
                     you
                     may
                     find
                     them
                     much
                     more
                     ancient
                     .
                     I
                     remember
                     ,
                     in
                     the
                     Story
                     of
                     
                       William
                       Rufus
                    
                     (
                     you
                     shall
                     find
                     it
                     in
                     
                       Matthew
                       Paris
                    
                     ,
                     and
                     Eadmerus
                     )
                     some
                     Question
                     was
                     about
                     Investiture
                     of
                     Bishops
                     ,
                     and
                     the
                     like
                     ,
                     the
                     King
                     writes
                     His
                     Letter
                     ,
                     
                       That
                       ,
                       &c.
                    
                     
                  
                   
                     God
                     forbid
                     ,
                     I
                     should
                     intend
                     any
                     absolute
                     Government
                     by
                     this
                     .
                     It
                     is
                     one
                     thing
                     to
                     have
                     an
                     Absolute
                     Monarchy
                     ,
                     another
                     thing
                     to
                     have
                     that
                     Government
                     Absolutely
                     without
                     Laws
                     ,
                     as
                     to
                     
                     any
                     coercive
                     power
                     over
                     the
                     Person
                     of
                     the
                     King
                     :
                     for
                     as
                     to
                     Things
                     ,
                     and
                     Actions
                     ,
                     they
                     will
                     fall
                     under
                     another
                     consideration
                     as
                     I
                     will
                     tell
                     you
                     by
                     and
                     by
                     .
                  
                   
                     Gentlemen
                     ,
                     Since
                     this
                     is
                     so
                     ,
                     consider
                     the
                     Oath
                     of
                     Supremacy
                     ,
                     which
                     most
                     men
                     have
                     taken
                     ,
                     or
                     should
                     take
                     .
                     All
                     men
                     ,
                     that
                     enter
                     into
                     the
                     
                     Parliament-House
                     ,
                     they
                     are
                     expresly
                     enjoyned
                     by
                     Statute
                     to
                     take
                     the
                     Oath
                     of
                     Supremacy
                     .
                     What
                     says
                     that
                     Oath
                     ?
                     We
                     swear
                     ,
                     that
                     
                       The
                       King
                       is
                       the
                       only
                       Supreme
                       Governour
                       within
                       this
                       Realm
                       ,
                       and
                       Dominions
                       .
                    
                     He
                     is
                     Supreme
                     ,
                     and
                     the
                     
                       onely
                       Supreme
                    
                     :
                     and
                     ,
                     truly
                     ,
                     if
                     he
                     be
                     Supreme
                     ,
                     there
                     is
                     neither
                     Major
                     ,
                     nor
                     ,
                     Superior
                     .
                     I
                     urge
                     this
                     the
                     more
                     ,
                     lest
                     any
                     Person
                     ,
                     by
                     any
                     Misconstruction
                     ,
                     or
                     inference
                     ,
                     which
                     they
                     might
                     make
                     from
                     something
                     ,
                     that
                     hath
                     been
                     Acted
                     by
                     the
                     Higher
                     Powers
                     ,
                     they
                     might
                     draw
                     some
                     dangerous
                     Inferences
                     ,
                     or
                     Consequences
                     to
                     colour
                     ,
                     or
                     shadow
                     over
                     those
                     Murtherous
                     ,
                     and
                     Traiterous
                     Acts
                     ,
                     which
                     afterwards
                     they
                     committed
                     .
                     They
                     had
                     no
                     Authority
                     .
                     But
                     as
                     I
                     told
                     you
                     ,
                     though
                     I
                     do
                     set
                     forth
                     this
                     ,
                     and
                     declare
                     this
                     to
                     you
                     ,
                     to
                     let
                     you
                     know
                     ,
                     that
                     the
                     King
                     was
                     immediately
                     subject
                     to
                     God
                     ,
                     and
                     so
                     was
                     not
                     punishable
                     by
                     any
                     Perfon
                     ;
                     yet
                     ,
                     let
                     me
                     tell
                     you
                     ,
                     there
                     is
                     that
                     excellent
                     Temperament
                     in
                     our
                     Laws
                     ,
                     that
                     ,
                     for
                     all
                     this
                     ,
                     the
                     King
                     cannot
                     rule
                     ,
                     but
                     by
                     His
                     Laws
                     .
                     It
                     preserves
                     the
                     King
                     ,
                     and
                     his
                     Person
                     ,
                     and
                     the
                     peoples
                     Rights
                     .
                  
                   
                     There
                     are
                     three
                     things
                     ,
                     touching
                     which
                     the
                     Law
                     is
                     conversant
                     :
                     
                       Personae
                       ,
                       Res
                       ,
                       &
                       Actiones
                    
                     ;
                     Persons
                     ,
                     Things
                     ,
                     and
                     Actions
                     .
                     For
                     the
                     Person
                     of
                     the
                     King
                     ;
                     He
                     is
                     the
                     Supreme
                     Head
                     ,
                     He
                     is
                     not
                     punishable
                     by
                     any
                     coercive
                     Power
                     :
                     the
                     Laws
                     provide
                     for
                     that
                     .
                     
                       The
                       King
                       can
                       do
                       no
                       wrong
                       ,
                    
                     it
                     is
                     a
                     Rule
                     of
                     Law
                     ,
                     it
                     is
                     in
                     our
                     Law-books
                     very
                     frequent
                     :
                     22d
                     .
                     of
                     
                       Edward
                       the
                       Fourth
                    
                     Lord
                     Coke
                     ,
                     and
                     many
                     others
                     .
                     If
                     he
                     can
                     do
                     no
                     Wrong
                     ,
                     He
                     cannot
                     be
                     punished
                     for
                     any
                     wrong
                     .
                     The
                     King
                     ,
                     He
                     hath
                     the
                     infirmities
                     ,
                     and
                     weakness
                     of
                     a
                     man
                     :
                     but
                     he
                     cannot
                     do
                     any
                     injury
                     ,
                     at
                     least
                     not
                     considerable
                     ,
                     in
                     Person
                     ;
                     He
                     must
                     do
                     it
                     by
                     Ministers
                     ,
                     Agents
                     ,
                     Instruments
                     .
                     Now
                     the
                     Law
                     ,
                     though
                     it
                     provide
                     for
                     the
                     King
                     ;
                     yet
                     if
                     any
                     of
                     his
                     Ministers
                     do
                     wrong
                     ,
                     though
                     by
                     his
                     command
                     ,
                     they
                     are
                     punishable
                     .
                     The
                     King
                     cannot
                     arrest
                     a
                     man
                     ,
                     as
                     he
                     cannot
                     be
                     arrested
                     Himself
                     :
                     but
                     ,
                     if
                     He
                     arrest
                     me
                     by
                     another
                     Man
                     ,
                     I
                     have
                     remedy
                     against
                     
                     this
                     man
                     ,
                     though
                     not
                     against
                     the
                     King
                     :
                     and
                     so
                     ,
                     He
                     cannot
                     take
                     away
                     my
                     Estate
                     .
                     This
                     as
                     to
                     the
                     Person
                     of
                     the
                     King
                     :
                     He
                     is
                     not
                     to
                     be
                     touched
                     :
                     
                       Touch
                       not
                       mine
                       Anointed
                    
                     .
                  
                   
                     I
                     come
                     to
                     Things
                     .
                     If
                     the
                     King
                     claim
                     a
                     Right
                     ,
                     the
                     King
                     must
                     sue
                     according
                     to
                     His
                     Laws
                     ,
                     the
                     King
                     is
                     subject
                     to
                     the
                     Laws
                     in
                     that
                     case
                     ,
                     His
                     Possessions
                     shall
                     be
                     tried
                     by
                     Juries
                     .
                     If
                     He
                     will
                     try
                     a
                     man
                     for
                     His
                     Fathers
                     Death
                     ,
                     you
                     see
                     he
                     will
                     try
                     them
                     by
                     the
                     Laws
                     .
                     The
                     Law
                     is
                     the
                     Rule
                     ,
                     and
                     Square
                     of
                     His
                     actions
                     ,
                     and
                     by
                     which
                     He
                     ,
                     Himself-is
                     judged
                     .
                  
                   
                     Then
                     for
                     Actions
                     :
                     that
                     is
                     ,
                     such
                     Actions
                     ,
                     whereby
                     Rights
                     ,
                     and
                     Titles
                     ,
                     are
                     prosecuted
                     ,
                     or
                     recovered
                     ,
                     the
                     King
                     cannot
                     judge
                     in
                     Person
                     betwixt
                     man
                     and
                     man
                     ,
                     He
                     does
                     it
                     by
                     his
                     Judges
                     ,
                     and
                     upon
                     Oath
                     ,
                     and
                     so
                     in
                     all
                     cases
                     whatsoever
                     ;
                     If
                     the
                     King
                     will
                     have
                     his
                     Right
                     ,
                     it
                     must
                     be
                     brought
                     before
                     His
                     Judges
                     .
                     Though
                     this
                     is
                     an
                     Absolute
                     Monarchy
                     :
                     yet
                     this
                     is
                     so
                     far
                     from
                     infringing
                     the
                     Peoples
                     Rights
                     ;
                     that
                     the
                     People
                     ,
                     as
                     to
                     their
                     Properties
                     ,
                     Liberties
                     ,
                     and
                     Lives
                     ,
                     have
                     as
                     great
                     a
                     priviledge
                     ,
                     as
                     the
                     King.
                     It
                     is
                     not
                     the
                     sharing
                     of
                     Government
                     ,
                     that
                     is
                     for
                     the
                     Libertie
                     ,
                     and
                     Benefit
                     of
                     the
                     People
                     :
                     but
                     it
                     is
                     ,
                     how
                     they
                     may
                     have
                     their
                     Lives
                     ,
                     and
                     Liberties
                     ,
                     and
                     Estates
                     ,
                     safely
                     secured
                     under
                     Government
                     .
                     And
                     you
                     know
                     ,
                     when
                     the
                     Fatness
                     of
                     the
                     Olive
                     was
                     laid
                     aside
                     ,
                     and
                     we
                     were
                     Governed
                     by
                     Brambles
                     :
                     these
                     Brambles
                     ,
                     they
                     did
                     not
                     only
                     tear
                     the
                     Skin
                     ;
                     but
                     tore
                     the
                     Flesh
                     ,
                     to
                     the
                     very
                     Bone.
                     
                  
                   
                     Gentlemen
                     ,
                     I
                     have
                     done
                     in
                     this
                     Particular
                     ,
                     to
                     let
                     you
                     see
                     ,
                     that
                     the
                     Supreme
                     Power
                     ,
                     being
                     in
                     the
                     King
                     ,
                     the
                     King
                     is
                     immediately
                     under
                     God
                     ,
                     owing
                     his
                     Power
                     to
                     none
                     ,
                     but
                     God.
                     It
                     is
                     true
                     (
                     blessed
                     be
                     God
                     )
                     we
                     have
                     as
                     great
                     Liberties
                     ,
                     as
                     any
                     People
                     have
                     in
                     Christendom
                     ,
                     in
                     the
                     World
                     :
                     but
                     let
                     us
                     own
                     them
                     ,
                     where
                     they
                     are
                     due
                     .
                     We
                     have
                     them
                     by
                     the
                     Concessions
                     of
                     Our
                     Princes
                     .
                     Our
                     Princes
                     have
                     granted
                     them
                     :
                     and
                     the
                     King
                     ,
                     now
                     :
                     He
                     in
                     them
                     hath
                     granted
                     them
                     likewise
                     .
                  
                   
                     Gentlmen
                     ,
                     I
                     have
                     been
                     a
                     little
                     too
                     long
                     in
                     this
                     ,
                     and
                     yet
                     I
                     cannot
                     say
                     ,
                     it
                     is
                     too
                     long
                     :
                     because
                     it
                     may
                     clear
                     misunderstanding
                     ;
                     so
                     many
                     Poisonous
                     Opinions
                     having
                     gone
                     abroad
                     .
                     To
                     come
                     a
                     little
                     nearer
                     .
                     If
                     we
                     consider
                     ;
                     suppose
                     there
                     were
                     the
                     Highest
                     Authority
                     ;
                     but
                     ,
                     when
                     we
                     shall
                     consider
                     this
                     horrid
                     Murther
                     (
                     truly
                     ,
                     I
                     cannot
                     almost
                     speak
                     of
                     it
                     ,
                     but
                     —
                     
                       Vox
                       
                       faucibus
                       haeret
                       .
                    
                     )
                     When
                     we
                     shall
                     consider
                     ,
                     that
                     a
                     few
                     Members
                     of
                     the
                     
                       House
                       of
                       Commons
                    
                     ,
                     those
                     ,
                     that
                     had
                     taken
                     the
                     Oath
                     of
                     Supremacy
                     ;
                     and
                     those
                     that
                     had
                     taken
                     the
                     Oath
                     of
                     Allegiance
                     ,
                     that
                     was
                     to
                     defend
                     the
                     King
                     ,
                     and
                     His
                     Heirs
                     ,
                     against
                     all
                     Conspiracies
                     ,
                     and
                     Attempts
                     ,
                     whatsoever
                     ,
                     against
                     His
                     ,
                     and
                     their
                     Persons
                     ,
                     Their
                     Crowns
                     and
                     Dignities
                     :
                     not
                     onely
                     against
                     the
                     
                     Pope's
                     Sentence
                     ,
                     as
                     some
                     would
                     pretend
                     ;
                     but
                     ,
                     as
                     otherwise
                     ,
                     against
                     all
                     Attempts
                     ,
                     and
                     Conspiracies
                     ;
                     not
                     onely
                     against
                     His
                     Person
                     ,
                     Crown
                     ,
                     and
                     Royal
                     Dignity
                     ,
                     nor
                     
                     Pope's
                     Sentence
                     nor
                     ,
                     onely
                     in
                     order
                     to
                     the
                     Profession
                     of
                     Religion
                     ,
                     but
                     absolutely
                     or
                     otherwise
                     ,
                     that
                     is
                     ,
                     whatsoever
                     Attempts
                     ,
                     by
                     any
                     power
                     ,
                     Authority
                     ,
                     or
                     Pretence
                     whatsoever
                     .
                     I
                     say
                     ,
                     when
                     a
                     few
                     Members
                     of
                     the
                     
                       House
                       of
                       Commons
                    
                     ,
                     not
                     an
                     eighth
                     part
                     of
                     them
                     ,
                     having
                     taken
                     these
                     Oaths
                     ,
                     shall
                     assume
                     upon
                     themselves
                     an
                     Authority
                     ;
                     an
                     Authority
                     ,
                     what
                     to
                     do
                     ?
                     shall
                     assume
                     to
                     themselves
                     an
                     Authority
                     to
                     make
                     Laws
                     ,
                     which
                     was
                     never
                     heard
                     before
                     ;
                     Authority
                     to
                     make
                     Laws
                     :
                     What
                     Laws
                     ?
                     a
                     Law
                     for
                     an
                     
                       High
                       Court
                       of
                       Justice
                    
                     ,
                     a
                     Law
                     for
                     lives
                     ,
                     to
                     sentence
                     mens
                     lives
                     ;
                     And
                     whose
                     Life
                     ?
                     the
                     Life
                     of
                     their
                     Sovereign
                     :
                     upon
                     such
                     a
                     King
                     ,
                     who
                     ,
                     as
                     to
                     them
                     ,
                     had
                     not
                     only
                     redressed
                     long
                     before
                     ,
                     at
                     the
                     beginning
                     of
                     the
                     Parliament
                     ,
                     all
                     Grievances
                     ,
                     that
                     were
                     ,
                     and
                     were
                     imaginable
                     ,
                     taken
                     away
                     the
                     Star-Chnmber
                     ,
                     High-Commission-Court
                     ,
                     and
                     about
                     Shipping
                     :
                     such
                     a
                     King
                     ,
                     and
                     after
                     such
                     Concessions
                     ,
                     that
                     He
                     had
                     made
                     in
                     the
                     Isle
                     of
                     Wight
                     ;
                     when
                     He
                     had
                     granted
                     so
                     much
                     ,
                     that
                     was
                     more
                     than
                     the
                     People
                     would
                     have
                     desired
                     .
                     When
                     these
                     few
                     Commons
                     not
                     onely
                     without
                     ,
                     but
                     excluding
                     the
                     rest
                     of
                     the
                     Commons
                     ;
                     not
                     onely
                     without
                     ,
                     but
                     excluding
                     the
                     rest
                     ,
                     but
                     rejecting
                     the
                     Lords
                     too
                     ,
                     that
                     then
                     sat
                     :
                     when
                     these
                     
                       few
                       Commons
                    
                     shall
                     take
                     upon
                     them
                     this
                     Authority
                     ,
                     and
                     ,
                     by
                     colour
                     of
                     this
                     ,
                     their
                     King
                     ,
                     Soveraign
                     ,
                     Liege
                     Lord
                     ,
                     shall
                     be
                     sentenced
                     ,
                     put
                     to
                     Death
                     ;
                     and
                     that
                     put
                     to
                     Death
                     ,
                     even
                     as
                     their
                     King
                     ,
                     and
                     sentenced
                     as
                     their
                     King
                     ;
                     put
                     to
                     Death
                     as
                     their
                     King
                     ,
                     and
                     this
                     before
                     His
                     own
                     Door
                     ,
                     even
                     before
                     that
                     Place
                     ,
                     where
                     He
                     used
                     in
                     
                       Royal
                       Majesty
                    
                     to
                     hear
                     Embassadors
                     ,
                     to
                     have
                     His
                     Honourable
                     Entertainments
                     :
                     that
                     this
                     King
                     shall
                     be
                     thus
                     put
                     to
                     Death
                     at
                     Noon-day
                     ,
                     it
                     is
                     such
                     an
                     Aggravation
                     of
                     Villany
                     ;
                     that
                     ,
                     truly
                     ,
                     I
                     cannot
                     tell
                     what
                     to
                     say
                     .
                     No
                     story
                     ,
                     that
                     ever
                     was
                     ,
                     I
                     do
                     not
                     
                     think
                     any
                     Romance
                     ,
                     any
                     Fabulous
                     Tragedy
                     ,
                     can
                     produce
                     the
                     like
                     .
                     Gentlemen
                     ,
                     If
                     any
                     Person
                     shall
                     now
                     come
                     ,
                     and
                     shroud
                     himself
                     under
                     this
                     pretended
                     Authority
                     ,
                     or
                     such
                     a
                     pretended
                     Authority
                     ,
                     you
                     must
                     know
                     ,
                     that
                     this
                     is
                     so
                     far
                     from
                     an
                     Excuse
                     ,
                     that
                     it
                     is
                     an
                     Height
                     of
                     Aggravation
                     .
                     The
                     Court
                     of
                     Common-Pleas
                     is
                     the
                     Common
                     Shop
                     for
                     Justice
                     :
                     in
                     that
                     Court
                     an
                     appeal
                     is
                     brought
                     for
                     Murther
                     ,
                     which
                     ought
                     to
                     have
                     been
                     in
                     the
                     
                       King's
                       Bench
                    
                     ,
                     the
                     Court
                     gives
                     Judgment
                     ,
                     the
                     Party
                     is
                     condemned
                     ,
                     and
                     executed
                     :
                     in
                     this
                     Case
                     ,
                     it
                     is
                     Murther
                     in
                     them
                     ,
                     that
                     executed
                     ;
                     because
                     they
                     had
                     no
                     lawful
                     Authority
                     .
                     I
                     speak
                     this
                     to
                     you
                     ,
                     to
                     shew
                     you
                     ,
                     that
                     no
                     man
                     can
                     shroud
                     himself
                     ,
                     by
                     colour
                     of
                     any
                     such
                     false
                     ,
                     or
                     pretended
                     ,
                     Authority
                     .
                     I
                     have
                     but
                     one
                     thing
                     more
                     to
                     add
                     to
                     you
                     upon
                     this
                     head
                     ;
                     and
                     that
                     is
                     (
                     which
                     I
                     should
                     have
                     said
                     at
                     first
                     )
                     If
                     two
                     ,
                     or
                     more
                     ,
                     do
                     compass
                     ,
                     or
                     Imagine
                     the
                     King's
                     Death
                     ;
                     if
                     some
                     of
                     them
                     go
                     on
                     so
                     far
                     ,
                     as
                     to
                     Consullation
                     ;
                     if
                     others
                     of
                     them
                     go
                     further
                     ,
                     they
                     sentence
                     ,
                     and
                     execute
                     ,
                     put
                     to
                     Death
                     :
                     in
                     this
                     Case
                     they
                     are
                     all
                     Guilty
                     ;
                     the
                     first
                     Consultation
                     was
                     Treason
                     .
                     I
                     have
                     no
                     more
                     to
                     add
                     ,
                     but
                     one
                     Particular
                     ,
                     a
                     few
                     Words
                     .
                  
                   
                     As
                     you
                     will
                     have
                     Bills
                     presented
                     against
                     those
                     ;
                     for
                     Compassing
                     ,
                     Imagining
                     ,
                     Adjudging
                     the
                     King
                     :
                     so
                     possibly
                     you
                     may
                     have
                     Bils
                     presented
                     against
                     some
                     of
                     those
                     for
                     Levying
                     War
                     against
                     the
                     King
                     :
                     Levying
                     of
                     War
                     ,
                     which
                     is
                     another
                     Branch
                     of
                     the
                     State
                     of
                     25th
                     .
                     of
                     
                       Edward
                       the
                       Third
                    
                     .
                     It
                     was
                     but
                     Declarative
                     of
                     the
                     Common
                     Law
                     :
                     it
                     was
                     no
                     new
                     Law.
                     By
                     that
                     Law
                     it
                     was
                     treason
                     to
                     
                       Levy
                       War
                    
                     against
                     the
                     King.
                     But
                     to
                     levy
                     War
                     against
                     the
                     Kings
                     Authority
                     ,
                     you
                     must
                     know
                     is
                     Treason
                     too
                     .
                     If
                     men
                     will
                     take
                     up
                     Armes
                     upon
                     any
                     Publick
                     pretence
                     ;
                     if
                     it
                     be
                     to
                     expulse
                     Aliens
                     ;
                     if
                     but
                     to
                     pull
                     out
                     Privy
                     Councellours
                     ;
                     if
                     it
                     be
                     ,
                     but
                     against
                     any
                     Particular
                     Laws
                     ,
                     to
                     reform
                     Religion
                     ,
                     to
                     pull
                     down
                     Enclosures
                     :
                     in
                     all
                     these
                     cases
                     ,
                     If
                     Persons
                     have
                     assembled
                     themselves
                     ,
                     in
                     a
                     Warlike
                     manner
                     ,
                     to
                     do
                     any
                     of
                     these
                     Acts
                     ;
                     this
                     is
                     Treason
                     ,
                     and
                     within
                     that
                     Branch
                     of
                     Levying
                     War
                     against
                     the
                     King.
                     This
                     was
                     adjudged
                     in
                     the
                     late
                     Kings
                     Time
                     in
                     
                     Berstead's
                     case
                     ,
                     Queen
                     
                     Elizabeth's
                     Henry
                     the
                     
                     Eighth's
                     ,
                     former
                     Times
                     ,
                     King
                     
                     Jame's
                     Time
                     :
                     much
                     more
                     ;
                     〈◊〉
                     men
                     will
                     go
                     ,
                     not
                     onely
                     to
                     Levy
                     War
                     against
                     the
                     King
                     ,
                     but
                     against
                     the
                     Laws
                     ,
                     all
                     the
                     Laws
                     ,
                     subvert
                     all
                     the
                     Laws
                     ,
                     to
                     set
                     up
                     
                     new
                     Laws
                     ,
                     Models
                     of
                     their
                     own
                     .
                     If
                     any
                     of
                     these
                     cases
                     come
                     to
                     be
                     presented
                     to
                     you
                     ,
                     you
                     know
                     what
                     the
                     Laws
                     are
                     .
                     To
                     conclude
                     ,
                     you
                     are
                     now
                     to
                     enquire
                     of
                     Blood
                     ,
                     of
                     Royal
                     Blood
                     ,
                     of
                     Sacred
                     Blood
                     ;
                     Blood
                     like
                     that
                     of
                     the
                     Saints
                     under
                     the
                     Altar
                     ,
                     crying
                     
                       Quousque
                       ,
                       Domine
                       ?
                       How
                       long
                       ,
                       Lord
                       ,
                       &c.
                       
                    
                     This
                     Blood
                     crys
                     for
                     Vengeance
                     ,
                     and
                     it
                     will
                     not
                     be
                     appeased
                     without
                     a
                     Bloody
                     Sacrifice
                     .
                  
                   
                     Remember
                     but
                     this
                     ,
                     and
                     I
                     have
                     done
                     :
                     I
                     shall
                     not
                     press
                     you
                     upon
                     your
                     Oaths
                     ;
                     you
                     are
                     Persons
                     of
                     Honour
                     ;
                     you
                     all
                     know
                     the
                     Obligation
                     of
                     an
                     Oath
                     .
                     This
                     I
                     will
                     say
                     ,
                     that
                     he
                     ,
                     that
                     conceals
                     ,
                     or
                     favours
                     the
                     guilt
                     of
                     Blood
                     ,
                     takes
                     it
                     upon
                     himself
                     ;
                     wilfully
                     ,
                     knowingly
                     ,
                     takes
                     it
                     upon
                     himself
                     .
                     And
                     we
                     know
                     ,
                     that
                     ,
                     when
                     the
                     Jews
                     said
                     ,
                     
                       Let
                       his
                       blood
                       be
                       on
                       us
                       and
                       our
                       seed
                       ,
                    
                     it
                     continued
                     to
                     them
                     ,
                     and
                     their
                     Posterity
                     ,
                     to
                     this
                     day
                     ,
                     
                       God
                       save
                       the
                       King.
                    
                     Amen
                     ,
                     Amen
                     .
                  
                
              
            
          
           
             His
             Lordships
             Speech
             being
             ended
             ;
             
               Thomas
               Lee
            
             of
             the
             
               Middle-Temple
               ,
               London
            
             ,
             Gentleman
             ,
             was
             called
             to
             give
             in
             the
             Names
             of
             his
             Witnesses
             .
             The
             names
             of
             the
             Witnesses
             then
             ,
             and
             there
             sworn
             ,
             follow
             ;
          
           
             
               William
               Clark
               
                 Esq
              
            
             
               James
               Nutley
               
                 Esq
              
            
             
               Mr.
               
                 George
                 Masterson
              
               Clerk.
               
            
             
               George
               Farringdon
               .
            
             
               Hercules
               Huncks
               .
            
             
               Dr.
               William
               King.
               
            
             
               Martin
               Foster
               .
            
             
               John
               Baker
               .
            
             
               Stephen
               Kirk
               .
            
             
               Richard
               Nunnelly
               .
            
             
               John
               Powel
               .
            
             
               John
               Throckmorton
               .
            
             
               John
               Blackwel
               .
            
             
               Ralph
               Hardwick
               .
            
             
               Thomas
               Walkley
               ,
               Gentleman
               .
            
             
               Holland
               Simpson
               .
            
             
               Benjamin
               Francis.
               
            
             
               Colonel
               Matthew
               Thomlinson
               .
            
             
               Griffith
               Bodurdo
               
                 Esq
              
            
             
               Samuel
               Boardman
               .
            
             
               Robert
               Carr
               
                 Esq
              
            
             
               Richard
               Young.
               
            
             
               Sir
               Purbock
               Temple
               .
            
             
               John
               Rushworth
               
                 Esq
              
            
             
               John
               Gerrard
               .
            
             
               John
               Hearn
               .
            
             
               Mr.
               Coitmore
               .
            
             
               Mr.
               Cunningham
               .
            
             
               Mr.
               Clench
               .
            
             
               Willinm
               Jessop
               
                 Esq
              
            
             
               Edward
               Austin
               .
            
             
               Darnel
               Esq
               ;
            
             
               Mr.
               Brown.
               
            
             
               Thomas
               Tongue
               .
            
             
               John
               Bowler
               .
            
             
               Mr.
               Sharp
               .
            
             
               
               Mr.
               Lee.
               
            
             
               Robert
               Ewer
               .
            
             
               John
               King.
               
            
             
               Edward
               Folley
               .
            
             
               Mr.
               Gouge
               .
            
             
               Anthony
               Mildmay
               
                 Esq
              
            
          
           
             The
             
               Grand
               Jury
            
             returned
             the
             Indictment
             
               Billa
               Vera.
               Court
            
             adjourned
             to
             the
             Old-Bailey
             ,
             10th
             of
             October
             .
          
        
         
           
           
             
               
                 The
                 10.
                 of
                 October
                 ;
                 1660.
                 
              
            
          
           
             
               SIR
               
                 John
                 Robinson
              
               ,
               Knight
               ,
               Lieutenant
               of
               his
               Majesties
               
                 Tower
                 of
                 London
              
               ,
               according
               to
               his
               Warrant
               received
               ,
               delivered
               to
               Mr.
               Sheriff
               the
               Prisoners
               hereafter
               named
               ;
               who
               were
               (
               in
               several
               Coaches
               )
               with
               a
               strong
               Guard
               of
               Horse
               ,
               and
               Foot
               conveyed
               to
               Newgate
               ,
               and
               about
               nine
               of
               the
               Clock
               in
               the
               Morning
               ,
               delivered
               to
               the
               Keepers
               of
               that
               Prison
               ,
               and
               thence
               brought
               to
               the
               Sessions-house
               in
               the
               
                 Old-Baily
                 ,
                 London
              
               :
               where
               the
               Commissioners
               of
               Oyer
               ,
               and
               Terminer
               ,
               were
               in
               Court
               assembled
               ,
               and
               where
               their
               Indictment
               was
               publickly
               read
               by
               
                 Edward
                 Shelton
              
               
                 Esq
              
               
                 Clerk
                 of
                 the
                 Crown
              
               .
            
          
           
             
               Sessions-House
               ,
               in
               the
               Old-Baily
               ,
               
                 10.
                 
                 October
                 ,
                 1660.
                 
              
            
          
           
             THE
             Court
             being
             Assembled
             ,
             and
             Silence
             commanded
             ,
             the
             Commission
             of
             Oyer
             ,
             and
             Terminer
             ,
             was
             again
             read
             .
             After
             which
             Sir
             
               Hardress
               Waller
            
             ,
             Collonel
             
               Thomas
               Harrison
            
             ,
             and
             Mr.
             
               William
               Heveningham
            
             were
             brought
             to
             the
             Bar
             ,
             and
             commanded
             to
             hold
             up
             their
             Hands
             :
             which
             Sir
             
               Hardress
               Waller
            
             ,
             and
             Mr.
             Heveningham
             did
             ;
             but
             Harrison
             ,
             being
             commanded
             to
             hold
             up
             his
             Hand
             ,
             answered
             ,
             
               I
               am
               here
            
             :
             and
             said
             ,
          
           
             
               My
               Lord
               ,
               if
               you
               please
               ,
               I
               will
               speak
               a
               Word
               —
            
          
           
             
               Court.
               
            
             
               Hold
               up
               your
               hand
               ,
               and
               you
               shall
               be
               heard
               in
               duetime
               .
               Mr.
               Harrison
               ,
               the
               course
               is
               ,
               That
               you
               must
               hold
               up
               your
               hand
               first
               .
            
          
           
             
               And
               then
               he
               held
               up
               his
               hand
               .
            
          
           
             The
             Indictment
             
               was
               read
               ,
               purporting
               ;
               That
            
             
               He
               ,
               together
               with
               others
               ,
               not
               having
               the
               fear
               of
               God
               before
               his
               Eyes
               ,
               and
               being
               instigated
               by
               the
               Devil
               ,
               did
               Maliciously
               ,
               Treasonably
               ,
               and
               Feloniously
               ,
               contrary
               to
               his
               due
               Allegiance
               ,
               and
               bounden
               Duty
               ,
               sit
               upon
               and
               condemn
               our
               late
               Soveraign
               Lord
               ,
               King
               
                 Charles
                 the
                 First
              
               ,
               of
               ever
               Blessed
               Memory
               :
               and
               also
               did
               upon
               the
               thirtieth
               of
               
                 January
                 ,
                 1648.
              
               
               Sign
               and
               Seal
               a
               Warrant
               for
               the
               Execution
               of
               His
               late
               Sacred
               and
               Serene
               Majesty
               ,
               of
               Blessed
               Memory
               .
               Where
               also
               ,
               &c.
               
            
          
           
             
               Clerk
               of
               the
               Crown
               ▪
               
            
             
               How
               sayest
               thou
               ,
               Sir
               
                 Hardress
                 Waller
              
               ?
               Art
               thou
               guilty
               of
               that
               Treason
               whereof
               thou
               standest
               Indicted
               ;
               and
               for
               which
               thou
               hast
               now
               been
               Arraigned
               ?
               or
               
                 Not
                 guilty
              
               .
            
          
           
             
               Sir
               Hardress
               Waller
               .
            
             
               My
               Lords
               ,
               I
               dare
               not
               say
               ,
               
                 Not
                 Guilty
              
               :
               but
               ,
               since
               that
               in
               a
               Business
               of
               this
               nature
               ,
               we
               have
               
               no
               Council
               or
               Advice
               ,
               and
               being
               not
               able
               to
               speak
               to
               matter
               of
               Law
               —
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               I
               am
               loth
               to
               interrupt
               you
               :
               but
               this
               is
               the
               course
               ;
               you
               have
               heard
               the
               Indictment
               read
               ,
               and
               the
               course
               is
               ,
               you
               must
               plead
               guilty
               ,
               or
               
                 Not
                 guilty
              
               .
               There
               is
               no
               
                 Medium
                 :
                 Guilty
              
               or
               
                 Not
                 guilty
              
               .
               It
               is
               that
               which
               is
               the
               Law
               ,
               and
               the
               case
               of
               all
               men
               .
               Are
               you
               guilty
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Sir
               Hard.
               Waller
               .
            
             
               I
               may
               confess
               my self
               Guilty
               of
               some
               Particulars
               in
               that
               Indictment
               ,
               but
               not
               of
               all
               :
               for
               so
               ,
               instead
               of
               discharging
               ,
               I
               shall
               wound
               my
               Conscience
               .
            
          
           
             
               Clerk.
               
            
             
               Are
               you
               ,
               Guilty
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Sir
               Hard.
               Waller
               .
            
             
               If
               I
               might
               have
               that
               liberty
               to
               —
            
          
           
             
               Court.
               
            
             
               You
               shall
               have
               that
               Liberty
               ,
               that
               any
               Subject
               of
               the
               Nation
               can
               have
               ,
               or
               can
               challenge
               .
               No
               man
               ,
               standing
               at
               the
               Bar
               ,
               in
               that
               condition
               you
               are
               ,
               must
               make
               any
               other
               answer
               to
               the
               Indictment
               then
               
                 guilty
                 ,
                 or
                 Not
                 guilty
              
               .
               It
               's
               the
               Common
               case
               of
               all
               men
               .
               Your
               Confession
               must
               be
               Plain
               and
               direct
               ,
               Either
               
                 Guilty
                 ,
                 or
                 not
                 Guilty
              
               .
            
          
           
             
               Sir
               Hard.
               Waller
               .
            
             
               My
               Lord
               ,
               I
               do
               desire
               some
               time
               to
               consider
               of
               it
               :
               for
               it
               is
               a
               great
               Surprisal
               .
            
          
           
             
               Court.
               
            
             
               You
               have
               had
               time
               enough
               to
               consider
               of
               it
               ;
               you
               must
               follow
               the
               Directions
               of
               the
               
                 Court
                 ,
                 Guilty
              
               or
               
                 Not
                 Guilty
              
               ?
               You
               must
               not
               thus
               Discourse
               of
               being
               surprised
               :
               for
               these
               Discourses
               are
               contrary
               to
               all
               Proceedings
               of
               this
               Nature
               .
            
          
           
             
               Clerk.
               
            
             
               How
               say
               you
               Sir
               
                 H.
                 Waller
              
               ?
               Are
               you
               guilty
               ,
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Sir
               Hard.
               Waller
               .
            
             
               I
               dare
               not
               say
               ,
               
                 Not
                 guilty
              
               .
            
          
           
             
               Clerk.
               
            
             
               Will
               you
               confess
               then
               ?
            
          
           
             
               Sir
               Hard.
               Waller
               .
            
             
               I
               would
               be
               glad
               to
               be
               understood
               —
            
          
           
             
               Court.
               
            
             
               Your
               Plea
               must
               be
               direct
               :
               guilty
               ,
               or
               
                 Not
                 guilty
              
               .
            
          
           
             
               Sir
               Hard.
               Waller
               
            
             
               Shall
               I
               be
               heard
               ,
               my
               Lord
               ?
            
          
           
             
               Court.
               
            
             
               Yes
               ,
               upon
               your
               Trial.
               There
               is
               but
               two
               ways
               ,
               Plead
               
                 Not
                 guilty
              
               :
               or
               confess
               it
               .
               Sir
               
                 Hardress
                 Waller
              
               ,
               we
               would
               not
               have
               you
               to
               be
               deceived
               .
               If
               you
               confess
               ,
               and
               say
               ,
               you
               are
               guilty
               :
               there
               is
               nothing
               then
               ,
               but
               Judgment
               :
               If
               you
               say
               
                 Not
                 guilty
              
               ;
               then
               you
               shall
               be
               heard
               with
               your
               Evidence
               .
               Consider
               with
               your self
               .
               Plead
               
                 Not
                 Guilty
              
               :
               or
               confess
               ,
               and
               say
               ,
               you
               are
               guilty
               .
            
          
           
             
               Sir
               Hard.
               Waller
               
            
             
               My
               Lord
               ,
               It
               puts
               me
               upon
               a
               great
               contest
               
               with
               my self
               .
               I
               shall
               be
               very
               free
               to
               open
               my
               Heart
               —
            
          
           
             
               Court.
               
            
             
               Sir
               ,
               you
               must
               plead
               Guilty
               ,
               or
               
                 Not
                 Guilty
              
               .
            
          
           
             
               Sir
               Hard.
               Waller
               .
            
             
               My
               Lord
               ,
               my
               condition
               differs
               from
               others
               .
               I
               am
               a
               Stranger
               ,
               I
               have
               been
               thirty
               years
               transplanted
               into
               Ireland
               ;
               which
               ha's
               made
               me
               unacquainted
               with
               the
               affairs
               of
               the
               Law
               here
               .
            
          
           
             
               Court.
               
            
             
               You
               must
               keep
               to
               the
               course
               of
               the
               Law.
               Either
               Guilty
               ,
               or
               
                 Not
                 guilty
              
               .
               There
               is
               but
               one
               of
               these
               two
               Pleas
               to
               be
               made
               .
            
          
           
             
               Sir
               Hard.
               Waller
               .
            
             
               I
               dare
               not
               say
               
                 Not
                 guilty
              
               .
            
          
           
             
               Court.
               
            
             
               There
               are
               but
               these
               three
               thing
               to
               be
               considered
               .
               Either
               you
               must
               say
               Guilty
               ,
               which
               is
               Confession
               ,
               and
               then
               there
               remains
               no
               more
               ,
               but
               Judgment
               :
               or
               
                 Not
                 Guilty
              
               ;
               and
               then
               you
               shall
               be
               heard
               :
               or
               Judgment
               will
               pass
               for
               your
               standing
               Mute
               ,
               which
               is
               all
               one
               ,
               as
               if
               you
               had
               confessed
               .
            
          
           
             
               Sir
               Hard.
               Waller
               .
            
             
               In
               as
               much
               as
               I
               have
               said
               ,
               I
               dare
               not
               say
               
                 Not
                 Guilty
              
               :
               I
               must
               say
               Guilty
               .
            
          
           
             
               Clerk.
               
            
             
               You
               say
               ,
               you
               are
               guilty
               .
               You
               confess
               the
               Indictment
               .
            
          
           
             
               Sir
               Hardress
               Waller
               .
            
             
               Yes
               .
            
          
           
             
               Clerk.
               Thomas
               Harrison
               .
            
             
               How
               saiest
               thou
               ?
               Art
               thou
               guilty
               of
               the
               Treason
               whereof
               thou
               standest
               Indicted
               ,
               and
               art
               now
               Arraigned
               ?
               or
               
                 Not
                 Guilty
              
               .
            
          
           
             
               Tho.
               Harrison
               .
            
             
               My
               Lords
               ,
               have
               I
               liberty
               to
               speak
               ?
            
          
           
             
               Court.
               
            
             
               No
               more
               (
               at
               this
               time
               )
               then
               Guilty
               ,
               or
               
                 Not
                 Guilty
              
               .
               Mr.
               Harrison
               ,
               You
               have
               heard
               the
               Direction
               before
               .
               We
               can
               give
               you
               but
               the
               same
               Rule
               .
               If
               you
               plead
               
                 Not
                 guilty
              
               ;
               you
               shall
               be
               heard
               at
               large
               :
               if
               Guilty
               ;
               you
               know
               what
               remains
               .
            
          
           
             
               Tho.
               Harrison
               .
            
             
               Will
               you
               give
               me
               leave
               to
               give
               you
               my
               Answer
               in
               my
               own
               words
               .
            
          
           
             
               Lord
               Chief
               Bar.
               
            
             
               There
               is
               no
               answer
               but
               what
               the
               Law
               directs
               .
               It
               is
               the
               same
               with
               you
               ,
               as
               with
               all
               others
               ,
               or
               as
               I
               would
               desire
               ,
               if
               I
               were
               in
               your
               condition
               .
               You
               must
               plead
               
                 Not
                 guilty
              
               :
               or
               ,
               if
               you
               confess
               guilty
               ,
               there
               must
               be
               Judgment
               upon
               your
               confession
               .
               The
               same
               Rule
               for
               one
               ,
               must
               be
               for
               another
               .
            
          
           
             
               Tho.
               Harrison
               .
            
             
               You
               express
               your
               Rule
               very
               fair
               ,
               as
               well
               to
               me
               ,
               as
               this
               Gentleman
               
                 (
                 pointing
                 at
                 Sir.
              
               Hardress
               Waller
               )
               but
               I
               have
               something
               to
               say
               to
               your
               Lordships
               ,
               which
               concerns
               your
               Lordships
               as
               well
               as
               my self
               .
            
          
           
             
               Court.
               
            
             
               You
               must
               hold
               ,
               and
               plead
               guilty
               ,
               or
               
                 Not
                 guilty
              
               .
               If
               
               you
               go
               otherwise
               (
               as
               I
               told
               you
               before
               )
               it
               will
               be
               ,
               as
               if
               you
               pleaded
               not
               at
               all
               ,
               and
               then
               Judgment
               will
               pass
               against
               you
               .
               The
               Law
               gives
               the
               words
               ,
               frames
               your
               Answer
               ,
               it
               is
               none
               else
               ,
               but
               the
               Laws
               ,
               Guilty
               ,
               or
               
                 Not
                 Guilty
              
               .
            
          
           
             
               Tho.
               Harrison
               .
            
             
               My
               Lord
               ,
               I
               have
               been
               kept
               close
               Prisoner
               near
               these
               three
               Moneths
               ,
               that
               no
               body
               might
               have
               Access
               to
               me
               .
               Do
               you
               call
               me
               to
               give
               you
               a
               Legal
               Answer
               ;
               not
               knowing
               of
               my
               Trial
               ,
               till
               nine
               of
               the
               clock
               last
               night
               ,
               and
               brought
               away
               ,
               from
               the
               
                 Tower
                 ,
                 to
                 this
                 place
              
               ,
               at
               six
               of
               the
               clock
               this
               morning
               .
            
          
           
             
               Court.
               
            
             
               You
               must
               give
               your
               direct
               Answer
               ,
               Guilty
               ,
               or
               
                 Not
                 guilty
              
               .
               You
               cannot
               say
               ,
               it
               is
               sudden
               ,
               or
               unprovided
               .
               You
               spend
               time
               in
               vain
               .
               You
               trouble
               the
               Court.
               You
               must
               plead
               Guilty
               ,
               or
               
                 Not
                 Guilty
              
               .
               We
               must
               not
               suffer
               you
               to
               make
               Discourses
               there
               .
               You
               must
               plead
               either
               Guilty
               ,
               or
               
                 Not
                 Guilty
              
               .
            
          
           
             
               Clerk.
               
            
             
               Are
               you
               guilty
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Tho.
               Harrison
               .
            
             
               I
               am
               speaking
               .
               Shall
               I
               not
               speak
               two
               words
               .
            
          
           
             
               Court.
               
            
             
               If
               you
               will
               not
               put
               your self
               upon
               your
               Tryal
               ,
               you
               must
               expect
               that
               course
               ,
               that
               the
               Law
               directs
               .
            
          
           
             
               Tho.
               Harrison
               .
            
             
               May
               it
               please
               your
               Lordships
               ,
               I
               am
               now
               —
            
          
           
             
               Clerk.
               
            
             
               Are
               you
               guilty
               ,
               or
               
                 Not
                 Guilty
              
               ?
            
          
           
             
               Tho.
               Harrison
               ,
            
             
               I
               desire
               to
               be
               advised
               by
               the
               Law.
               This
               is
               a
               special
               Case
               .
            
          
           
             
               Court.
               
            
             
               The
               Law
               allows
               nothing
               now
               ;
               but
               to
               plead
               guilty
               ,
               or
               
                 Not
                 guilty
              
               .
            
          
           
             
               Court.
               
            
             
               You
               must
               plead
               to
               your
               Indictment
               .
               If
               it
               be
               Treason
               ,
               it
               cannot
               be
               justified
               ;
               if
               it
               be
               justifiable
               ,
               it
               is
               not
               Treason
               :
               Therefore
               Plead
               guilty
               :
               or
               
                 not
                 guilty
              
               .
            
          
           
             
               Tho.
               Harrison
               ,
            
             
               Give
               me
               advice
               in
               this
               —
            
          
           
             
               Clerk.
               
            
             
               Tho.
               Harrison
               ,
               
                 Are
                 you
              
               guilty
               ?
               or
               Not
               Guilty
               ?
            
          
           
             
               Tho
               Harrison
               ,
            
             
               I
               would
               willingly
               render
               an
               account
               of
               all
               my
               Doings
               —
            
          
           
             
               Clerk.
               
            
             
               Are
               you
               Guilty
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Court.
               
            
             
               You
               have
               been
               acquainted
               with
               the
               Legal
               Proceedings
               .
               You
               never
               found
               in
               all
               your
               Experience
               ,
               that
               any
               Prisoner
               at
               the
               Bar
               ,
               for
               Felony
               ,
               or
               Treason
               ,
               was
               suffered
               thus
               to
               discourse
               ,
               or
               to
               answer
               otherwise
               ,
               then
               guilty
               ,
               or
               
                 Not
                 guilty
              
               .
            
          
           
             
               Clerk.
               
            
             
               Are
               you
               guilty
               ,
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Mr.
               Sol.
               Gen.
               
            
             
               I
               do
               beseech
               your
               Lordships
               ,
               he
               may
               Plead
               .
               Peradventure
               
               he
               knows
               his
               case
               so
               well
               ;
               that
               he
               thinks
               it
               as
               cheap
               to
               defie
               the
               Court
               ,
               as
               submit
               to
               it
               .
            
          
           
             
               Court.
               
            
             
               We
               must
               enter
               your
               standing
               Mute
               :
               that
               's
               Judgment
               .
            
          
           
             
               Clerk.
               
            
             
               Are
               you
               guilty
               ,
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Tho.
               Harrison
               .
            
             
               Will
               you
               refuse
               to
               give
               me
               any
               Satisfaction
               —
            
          
           
             
               Court.
               
            
             
               Are
               you
               guilty
               ,
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Tho.
               Harrison
               .
            
             
               Will
               you
               give
               me
               your
               Advice
               ?
            
          
           
             
               Court.
               
            
             
               We
               do
               give
               you
               Advice
               .
               The
               Advice
               is
               :
               there
               is
               no
               other
               Plea
               ,
               but
               guilty
               ,
               or
               
                 Not
                 guilty
              
               .
               You
               shall
               be
               heard
               ,
               when
               you
               have
               put
               your self
               upon
               your
               Trial.
               
            
          
           
             
               Clerk.
               
            
             
               Are
               you
               guilty
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Tho.
               Harrison
               .
            
             
               You
               do
               deny
               me
               Councel
               ,
               then
               I
               do
               plead
               
                 Not
                 guilty
              
               .
            
          
           
             
               Clerk.
               
            
             
               You
               plead
               
                 Not
                 guilty
              
               .
               Is
               this
               your
               Plea
               ?
            
          
           
             
               Th.
               Harrison
               .
            
             
               Yes
               .
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               tried
               ?
            
          
           
             
               Th.
               Harrison
               .
            
             
               I
               will
               be
               tryed
               according
               to
               the
               Laws
               of
               the
               Lord
               :
            
          
           
             
               Clerk.
               
            
             
               Whether
               by
               God
               ,
               and
               the
               Countrey
               ?
            
          
           
             
               Lord
               chief
               Baron
               .
            
             
               Now
               I
               must
               tell
               you
               :
               if
               you
               do
               not
               put
               your self
               upon
               your
               Countrey
               ;
               you
               have
               said
               nothing
               .
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               tried
               ?
            
          
           
             
               Th.
               Harrison
               ,
            
             
               It
               is
               to
               put
               my self
               upon
               what
               you
               please
               to
               put
               me
               upon
               .
            
          
           
             
               Court.
               
            
             
               If
               you
               understand
               (
               you
               are
               not
               every
               man
               ,
               you
               are
               versed
               in
               Proceedings
               of
               Law
               )
               you
               know
               ,
               you
               must
               put
               your self
               upon
               the
               Trial
               of
               God
               ,
               and
               your
               Countrey
               :
               if
               you
               do
               not
               ;
               it
               is
               as
               good
               ,
               as
               if
               you
               had
               said
               nothing
               .
            
          
           
             
               Th.
               Harrison
               ,
            
             
               You
               have
               been
               misinformed
               of
               me
               —
            
          
           
             
               Court.
               
            
             
               You
               have
               pleaded
               
                 Not
                 guilty
              
               .
               That
               ,
               which
               remains
               ,
               is
               ,
               you
               must
               be
               tried
               by
               God
               ,
               and
               the
               Countrey
               :
               otherwise
               ,
               we
               must
               record
               your
               standing
               Mute
               .
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               Tried
               .
            
          
           
             
               Th.
               Harrison
               .
            
             
               I
               will
               be
               tried
               according
               to
               the
               ordinary
               course
               .
            
          
           
             
               Clerk.
               
            
             
               Whether
               by
               God
               ,
               and
               the
               Countrey
               ?
               You
               must
               speak
               the
               Words
               .
            
          
           
             
               Th.
               Harrison
               .
            
             
               They
               are
               vain
               words
               —
            
          
           
             
               Court.
               
            
             
               We
               have
               given
               you
               a
               great
               deal
               of
               Liberty
               ,
               and
               Scope
               ;
               
               which
               is
               not
               usual
               .
               It
               is
               the
               course
               ,
               and
               proceedings
               of
               Law
               ;
               if
               you
               will
               be
               tried
               ,
               you
               must
               put
               your self
               upon
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               tried
               ?
            
          
           
             
               Th.
               Harrison
               .
            
             
               I
               do
               offer
               my self
               to
               be
               tried
               in
               your
               own
               way
               ,
               by
               God
               and
               my
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               you
               a
               good
               deliverance
               .
            
          
           
             
               Clerk.
               
            
             
               
                 William
                 Heveningham
              
               ,
               hold
               up
               your
               hand
               .
               How
               sayest
               thou
               ,
               Art
               ,
               thou
               Guilty
               of
               the
               Treason
               ,
               whereof
               thou
               standest
               indicted
               ,
               and
               art
               now
               arrraigned
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Will.
               Heveningham
               .
            
             
               Not
               guilty
               .
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               tried
               ?
            
          
           
             
               Will.
               Heveningham
               ,
            
             
               By
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               you
               a
               good
               deliverance
               .
            
          
           
             Sir
             Hard.
             Waller
             then
             presented
             his
             Petition
             to
             the
             Court
             ,
             directed
             ,
             
               To
               the
            
             King's
             
               Majesty
               ,
               and
               the
               Parliament
            
             :
             which
             was
             received
             ;
             but
             not
             at
             this
             Court
             read
             .
             And
             then
             the
             three
             Persons
             aforesaid
             were
             dismissed
             .
          
           
             
               Clerk.
               
            
             
               Bring
               to
               the
               Bar
               ,
               
                 Isaac
                 Pennington
              
               
                 Esq
              
               
                 Henry
                 Marten
              
               Esque
               
                 Gilbert
                 Millington
              
               Gentleman
               ,
               
                 Robert
                 Tichbourn
              
               
                 Esq
              
               
                 Owen
                 Roe
              
               ,
               Esq
               ;
               and
               
                 Robert
                 Lilburn
              
               Gentleman
               ,
            
          
           
             Who
             were
             called
             ,
             and
             appeared
             at
             the
             Bar
             ,
             and
             ,
             being
             commanded
             severally
             ,
             held
             up
             their
             hands
             .
          
           
             The
             Indictment
             was
             read
             again
             ,
             as
             to
             the
             former
             Persons
             .
          
           
             
               Clerk.
               
            
             
               
                 Isaac
                 Pennington
              
               ,
               Hold
               up
               thy
               hand
               .
               How
               sayest
               thou
               Art
               thou
               guilty
               of
               the
               Treason
               ,
               whereof
               thou
               standest
               Indicted
               ,
               and
               art
               now
               Arraigned
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Isaac
               Pennington
               .
            
             
               
                 Not
                 guilty
              
               ,
               my
               Lord.
               
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               tryed
               ?
            
          
           
             
               Isaac
               Pennington
               .
            
             
               By
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               you
               a
               good
               deliverance
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Henry
                 Marten
              
               ,
               How
               sayest
               thou
               ?
               Art
               thou
               guilty
               of
               the
               Treason
               ,
               whereof
               thou
               standest
               Indicted
               ,
               and
               art
               now
               Arraigned
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
             
               Hen.
               Marten
               ,
            
             
               I
               desire
               the
               benefit
               of
               the
               Act
               of
               Oblivion
               —
            
          
           
             
               Clerk.
               
            
             
               Are
               you
               guilty
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Court.
               
            
             
               You
               are
               to
               understand
               ,
               the
               Law
               is
               this
               ,
               the
               same
               to
               you
               and
               every
               one
               ;
               You
               are
               to
               plead
               Guilty
               ,
               or
               
                 Not
                 guilty
              
               .
               If
               you
               will
               demand
               the
               benefit
               of
               the
               
                 Act
                 of
                 Oblivion
              
               ;
               it
               is
               a
               confession
               of
               being
               Guilty
               .
            
          
           
             
               Hen.
               Marten
               .
            
             
               I
               humbly
               conceive
               the
               Act
               of
               Indempnity
               —
            
          
           
             
               Court.
               
            
             
               You
               must
               plead
               Guilty
               ,
               or
               
                 Not
                 guilty
              
               .
            
          
           
             
               Hen.
               Marten
               .
            
             
               If
               I
               plead
               ,
               I
               lose
               the
               benefit
               of
               that
               Act.
               
            
          
           
             
               Court.
               
            
             
               You
               are
               totally
               excepted
               out
               of
               the
               Act.
               
            
          
           
             
               Hen.
               Marten
               .
            
             
               If
               it
               were
               so
               I
               would
               plead
               .
               My
               name
               is
               not
               in
               that
               Act.
               
            
          
           
             
               Court.
               
            
             
               
                 Henry
                 Martin
              
               is
               there
               .
            
          
           
             
               Mr.
               Sollicitor
               Gen.
               
            
             
               Surely
               he
               hath
               been
               kept
               close
               Prisoner
               indeed
               ,
               if
               he
               hath
               not
               seen
               the
               
                 Act
                 of
                 Indemnity
              
               .
               Shew
               it
               him
               .
            
          
           
             Mr.
             Shelton
             opening
             the
             Act.
             
          
           
             
               Court.
               
            
             
               How
               is
               it
               written
               ?
            
          
           
             
               Clerk.
               
            
             
               It
               is
               
                 Henry
                 Martin
              
               .
            
          
           
             And
             then
             the
             Act
             was
             shewed
             to
             the
             said
             
               Mr.
               Marten
            
             .
          
           
             
               Hen.
               Marten
               .
            
             
               
                 Henry
                 Martin
              
               ?
               My
               name
               is
               not
               so
               ,
               it
               is
               
                 Harry
                 Marten
              
               .
            
          
           
             
               Court.
               
            
             
               The
               difference
               of
               the
               Sound
               is
               very
               little
               .
               You
               are
               known
               by
               that
               Name
               of
               Martin
               .
            
          
           
             
               Hen.
               Marten
               .
            
             
               I
               humbly
               conceive
               all
               
                 Penal
                 Statutes
              
               ought
               to
               be
               understood
               Literally
               .
            
          
           
             
               Clerk.
               
            
             
               Are
               you
               Guilty
               ,
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Hen.
               Marten
               .
            
             
               I
               am
               not
               
                 Henry
                 Martin
              
               .
            
          
           
             
               Clerk.
               
            
             
               Are
               you
               guilty
               ,
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Court.
               
            
             
               Be
               advised
               .
               The
               effect
               of
               this
               Plea
               will
               be
               Judgment
               .
            
          
           
             Here
             Mr
             ▪
             Sollicitor
             Gen.
             cited
             somewhat
             Parallel
             to
             this
             ,
             in
             a
             Case
             formerly
             of
             Baxter
             ;
             where
             the
             Name
             was
             Bagster
             ,
             with
             an
             S
             ;
             and
             adjudged
             all
             one
             ,
             being
             of
             the
             same
             sound
             .
          
           
             
               Clerk.
               
            
             
               Are
               you
               guilty
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Hen.
               Marten
               .
            
             
               My
               Lord
               ,
               I
               desire
               Council
               .
               There
               will
               arise
               Matter
               of
               Law
               ,
               as
               well
               as
               Fact.
               
            
          
           
             
               Court.
               
            
             
               You
               are
               Indicted
               for
               Treason
               ;
               for
               a
               Malicious
               ,
               Trayterous
               compassing
               ,
               and
               Imagining
               the
               King's
               Death
               .
               If
               you
               
               have
               any
               thing
               of
               Justification
               ,
               plead
               
                 Not
                 guilty
              
               ;
               and
               you
               shall
               be
               heard
               :
               for
               ,
               if
               it
               be
               Justifiable
               ,
               it
               is
               not
               Treason
               .
               The
               Rule
               is
               ,
               Either
               you
               must
               plead
               Guilty
               ,
               and
               so
               confess
               ;
               or
               
                 Not
                 guilty
              
               ,
               and
               put
               your self
               upon
               your
               Trial
               :
               there
               is
               no
               Medium
               .
            
          
           
             
               Hen.
               Marten
               ,
            
             
               May
               I
               give
               any
               thing
               in
               Evidence
               before
               Verdict
               ?
            
          
           
             
               Court.
               
            
             
               Yes
               ,
               upon
               your
               Trial
               ,
               you
               may
               give
               any
               thing
               in
               Evidence
               ,
               that
               the
               Law
               warrants
               to
               be
               
                 lawful
                 Evidence
              
               .
            
          
           
             
               Clerk.
               
            
             
               Are
               you
               Guilty
               ,
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Court.
               
            
             
               Understand
               one
               thing
               ;
               because
               I
               would
               not
               have
               you
               mistaken
               :
               you
               cannot
               give
               in
               Evidence
               the
               Misnomer
               ;
               but
               any
               thing
               to
               the
               matter
               of
               Fact.
               
            
          
           
             
               Hen.
               Marten
               .
            
             
               I
               submit
               ,
               and
               plead
               
                 Not
                 guilty
              
               .
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               tried
               ?
            
          
           
             
               Hen.
               Marten
               .
            
             
               By
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               you
               a
               good
               deliverance
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Gilbert
                 Millington
              
               ,
               Hold
               up
               your
               hand
               .
               How
               saiest
               thou
               ?
               Art
               thou
               Guilty
               of
               the
               Treason
               ,
               whereof
               thou
               standest
               indicted
               ,
               and
               art
               now
               arraigned
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Gilb.
               Millington
               ,
            
             
               My
               Lord
               ,
               I
               am
               an
               ancient
               man
               ,
               and
               deaf
               .
               I
               humbly
               crave
               your
               Lordships
               pardon
               ,
               to
               hear
               me
               a
               few
               words
               .
               I
               will
               promise
               ,
               it
               shall
               be
               pertinent
               enough
               .
            
          
           
             
               Mr.
               Sol.
               Gen.
               
            
             
               Impertinent
               enough
               ,
               
                 he
                 means
              
               .
            
          
           
             
               Court.
               
            
             
               You
               must
               plead
               either
               Guilty
               ,
               and
               so
               confess
               it
               ,
               or
               
                 Not
                 guilty
              
               ,
               and
               then
               you
               shall
               be
               heard
               any
               thing
               for
               your
               justification
               .
            
          
           
             
               Clerk.
               
            
             
               And
               you
               Guilty
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Gilb.
               Millington
               .
            
             
               I
               desire
               I
               may
               —
            
          
           
             
               Court.
               
            
             
               There
               is
               nothing
               ,
               you
               can
               say
               ,
               but
               Guilty
               ,
               or
               
                 Not
                 guilty
              
               .
               All
               other
               Discourses
               turn
               upon
               your self
               .
            
          
           
             
               Clerk.
               
            
             
               And
               you
               Guilty
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Gilb.
               Millington
               :
            
             
               You
               might
               enlighten
               me
               in
               some
               scruples
               .
               Does
               my
               pause
               trouble
               you
               much
               ?
               I
               should
               not
               be
               long
               .
            
          
           
             
               Court.
               
            
             
               Your
               particelar
               case
               cannot
               differ
               from
               others
               .
            
          
           
             
               Clerk.
               
            
             
               Are
               you
               Guilty
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Gilb.
               Millington
               .
            
             
               There
               are
               some
               things
               in
               the
               Indictment
               ,
               that
               
               I
               can
               say
               
                 Not
                 Guilty
              
               to
               .
               There
               are
               others
               ,
               that
               I
               must
               deal
               ingenuously
               ,
               and
               confess
               them
               .
            
          
           
             
               Clerk.
               
            
             
               Are
               you
               Guilty
               ,
               in
               Manner
               ,
               and
               Form
               ,
               as
               you
               are
               indicted
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Gilb.
               Millington
               .
            
             
               Not
               guilty
               .
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               tried
               ?
            
          
           
             
               Gilb.
               Millington
               .
            
             
               By
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               you
               a
               good
               deliverance
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Robert
                 Tichbourn
              
               ,
               Hold
               up
               your
               hand
               ,
               How
               saiest
               thou
               ?
               Art
               thou
               Guilty
               of
               the
               Treason
               ,
               whereof
               thou
               standest
               indicted
               ,
               and
               art
               now
               arraigned
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Tichbourn
               .
            
             
               My
               Lord
               ,
               I
               have
               been
               a
               very
               close
               Prisoner
               ,
               without
               any
               advice
               .
               I
               am
               altogether
               unable
               in
               Law
               to
               speak
               .
            
          
           
             
               Court.
               
            
             
               You
               know
               the
               Course
               hath
               been
               delivered
               to
               you
               by
               others
               ,
               I
               will
               not
               trouble
               you
               with
               it
               .
               It
               is
               neither
               long
               ,
               nor
               short
               :
               the
               Law
               requires
               your
               answer
               ,
               Guilty
               ,
               or
               
                 not
                 guilty
              
               .
            
          
           
             
               Tichbourn
               .
            
             
               Spare
               me
               but
               one
               Word
               .
               If
               ,
               upon
               the
               Trial
               ,
               there
               shall
               appear
               to
               be
               matter
               of
               Law
               ,
               shall
               I
               have
               the
               liberty
               
                 of
                 Councel
              
               for
               it
               ?
               if
               I
               shall
               be
               put
               ,
               in
               my
               own
               Case
               ,
               to
               plead
               matter
               of
               Law
               against
               those
               noble
               Persons
               ,
               who
               plead
               on
               the
               other
               part
               :
               I
               shall
               but
               prejudice
               my self
               ,
               and
               therefore
               I
               crave
               Councel
               .
            
          
           
             
               Court.
               
            
             
               You
               must
               Plead
               Guilty
               ,
               or
               
                 Not
                 guilty
              
               .
            
          
           
             
               Tichbourn
               .
            
             
               I
               have
               no
               Reason
               ,
               nor
               Design
               to
               desplease
               you
               .
               I
               am
               sure
               ,
               I
               am
               no
               waies
               able
               to
               plead
               with
               equalness
               ,
               in
               Point
               of
               Law
               ,
               with
               those
               Noble
               Gentlemen
               .
               To
               the
               Matter
               of
               Fact
               ,
               this
               is
               my
               Plea
               ;
               
                 in
                 Manner
                 ,
                 and
                 Form
                 ,
                 that
                 I
                 stand
                 Indicted
                 ,
                 I
                 am
              
               Not
               guilty
               .
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               Tried
               ?
            
          
           
             
               Tichbourn
               .
            
             
               By
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               thee
               a
               good
               Deliverance
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Owen
                 Roe
              
               ,
               Hold
               up
               your
               hand
               .
               How
               saiest
               thou
               ?
               Art
               thou
               Guilty
               of
               the
               Treason
               ,
               whereof
               thou
               standest
               Indicted
               ,
               and
               art
               now
               Arraigned
               ,
               or
               
                 Not
                 Guilty
              
               ?
            
          
           
             
               Owen
               Roe
               .
            
             
               My
               Lord
               ,
               there
               hath
               been
               so
               much
               said
               already
               by
               
               others
               ;
               I
               think
               I
               need
               say
               no
               more
               .
               
                 In
                 Manner
                 ,
                 and
                 Form
                 ,
                 as
                 I
                 am
                 now
                 Indicted
                 ,
                 I
                 Plead
              
               Not
               gulty
               .
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               Tried
               ?
            
          
           
             
               Owen
               Roe
               .
            
             
               By
               God
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               you
               a
               good
               Deliverance
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Robert
                 Lilburn
              
               ,
               Hold
               up
               your
               Hand
               .
               How
               saiest
               thou
               ?
               Art
               thou
               Guilty
               of
               the
               Treason
               ,
               whereof
               thou
               standest
               Indicted
               ,
               and
               art
               now
               Arraigned
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Robert
               Lilburn
               .
            
             
               I
               desire
               ,
               in
               regard
               that
               ,
               being
               so
               close
               a
               Prisoner
               for
               twenty
               daies
               ,
               that
               no
               body
               ha's
               been
               suffered
               to
               advise
               with
               me
               —
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               I
               must
               interrupt
               you
               .
               You
               must
               not
               mispend
               the
               time
               .
               Understand
               the
               Law.
               You
               must
               Plead
               guilty
               ,
               or
               
                 Not
                 guilty
              
               .
            
          
           
             
               Rob.
               Lilburn
               .
            
             
               Will
               you
               give
               me
               leave
               to
               desire
               Councel
               before
               I
               Plead
               ,
               to
               advise
               me
               touching
               my
               Plea.
               
            
          
           
             
               Clerk.
               
            
             
               Are
               you
               Guilty
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Rob.
               Lilburn
               .
            
             
               I
               desire
               Councel
               —
            
          
           
             
               Court.
               
            
             
               Take
               heed
               ;
               if
               that
               be
               your
               Answer
               ,
               
                 You
                 desire
                 Councel
              
               and
               do
               not
               Plead
               ,
               and
               that
               be
               Recorded
               ,
               Judgment
               will
               pass
               against
               you
               .
               There
               is
               nothing
               to
               Plead
               ;
               but
               Guilty
               ,
               or
               
                 Not
                 guilty
              
               .
               If
               
                 Not
                 guilty
              
               ;
               what
               you
               have
               to
               say
               will
               be
               heard
               .
            
          
           
             
               Rob.
               Lilburn
               .
            
             
               If
               you
               over-rule
               me
               ,
               I
               must
               submit
               .
            
          
           
             
               Court.
               
            
             
               Do
               not
               let
               such
               Language
               fall
               from
               you
               :
               it
               is
               improper
               .
            
             
               The
               Law
               gives
               us
               a
               
                 Rule
                 .
                 The
                 Prisoner
                 must
                 Plead
              
               Guilty
               ,
               or
               Not
               guilty
               .
            
          
           
             
               Rob.
               Lilburn
               .
            
             
               I
               say
               then
               ,
               in
               Manner
               ,
               and
               Form
               ,
               as
               I
               am
               Indicted
               ,
               I
               am
               
                 Not
                 guilty
              
               .
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               Tried
               ?
            
          
           
             
               Rob.
               Lilburn
               .
            
             
               By
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               you
               a
               good
               Deliverance
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Bring
                 to
                 the
                 Bar
              
               Adrian
               Scroop
               ,
               John
               Carew
               ,
               John
               Jones
               ,
               Thomas
               Scot
               ,
               Gregory
               Clement
               ,
               and
               John
               Cook.
               
            
          
           
             Who
             were
             brought
             accordingly
             ,
             and
             ,
             being
             commanded
             ,
             severally
             held
             up
             their
             hands
             at
             the
             Bar.
             
          
           
           
             The
             Indictment
             was
             read
             to
             the
             Persons
             at
             the
             Bar
             ,
             as
             before
             .
          
           
             
               Clerk.
               
            
             
               
                 Adrian
                 Scroop
              
               ,
               Hold
               up
               thy
               hand
               .
               How
               saiest
               thou
               ?
               Art
               thou
               Guilty
               of
               the
               Treason
               whereof
               thou
               standest
               Indicted
               ,
               and
               art
               now
               Arraigned
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Adr.
               Scroop
               .
            
             
               
                 My
                 Lord
              
               ,
               Not
               guilty
               .
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               Tried
               ?
            
          
           
             
               Adr.
               Scroop
               ,
            
             
               By
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               thee
               a
               good
               Deliverance
               .
            
          
           
             
               Clerk.
               
            
             
               
                 John
                 Carew
              
               ,
               Hold
               up
               thy
               hand
               .
               How
               saiest
               thou
               ?
               Art
               thou
               Guilty
               of
               the
               Treason
               ,
               whereof
               thou
               art
               Indicted
               ,
               and
               art
               now
               arraigned
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               John
               Carew
               .
            
             
               There
               is
               some
               special
               matter
               in
               that
               Indictment
               ,
               that
               ought
               not
               to
               be
               before
               —
            
          
           
             
               Court.
               
            
             
               Are
               you
               guilty
               ,
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               John
               Carew
               .
            
             
               Saving
               to
               our
               Lord
               
                 Jesus
                 Christ
              
               his
               Right
               to
               the
               Government
               of
               these
               Kingdoms
               —
            
          
           
             
               Clerk.
               
            
             
               Are
               you
               Guilty
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               John
               Carew
               .
            
             
               I
               say
               ,
               I
               am
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               Tried
               ?
            
          
           
             
               John
               Carew
               .
            
             
               How
               would
               you
               have
               me
               ?
            
          
           
             
               Clerk.
               
            
             
               Will
               you
               be
               Tried
               by
               God
               ,
               and
               the
               Countrey
               ?
            
          
           
             
               John
               Carew
               .
            
             
               I
               ,
               if
               you
               will.
               
            
          
           
             
               Clerk.
               
            
             
               You
               must
               say
               the
               words
               .
               How
               will
               you
               be
               Tried
               ?
            
          
           
             
               John
               Carew
               .
            
             
               By
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               you
               a
               good
               Deliverance
               .
            
          
           
             
               Clerk.
               
            
             
               
                 John
                 Jones
              
               ,
               Hold
               up
               thy
               hand
               .
               How
               saiest
               thou
               ?
               Art
               thou
               Guilty
               of
               the
               Treason
               ,
               whereof
               thou
               standest
               Indicted
               ,
               and
               for
               which
               thou
               art
               now
               Arraigned
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               John
               Jones
               .
            
             
               Not
               Guilty
               ,
               
                 my
                 Lord.
              
               
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               Tried
               ?
            
          
           
             
               John
               Jones
               .
            
             
               By
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               you
               a
               good
               Deliverance
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Thomas
                 Scot
              
               ,
               Hold
               up
               thy
               hand
               .
               How
               saiest
               thou
               ?
               Art
               thou
               Guilty
               of
               the
               Treason
               ,
               whereof
               thou
               standest
               Indicted
               ,
               
               and
               for
               which
               thou
               art
               now
               Arraigned
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Th.
               Scot.
               
            
             
               Truly
               ,
               I
               cannot
               call
               it
               Treason
               :
               and
               therefore
               I
               Plead
               
                 Not
                 guilty
              
               .
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               Tried
               ?
            
          
           
             
               Th.
               Scot.
               
            
             
               By
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               you
               a
               good
               Deliverance
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Gregory
                 Clement
              
               ,
               Hold
               up
               your
               hand
               .
               How
               saiest
               thou
               ?
               Art
               thou
               Guilty
               of
               the
               Treason
               ,
               whereof
               thou
               standest
               Indicted
               ,
               and
               for
               which
               thou
               art
               now
               Arraigned
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Greg.
               Clement
               .
            
             
               My
               Lord
               ,
               I
               cannot
               excuse
               my self
               in
               many
               Particulars
               :
               but
               ,
               as
               to
               my
               Indictment
               ,
               as
               there
               it
               is
               ,
               I
               Plead
               
                 Not
                 Guilty
              
               .
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               Tried
               ?
            
          
           
             
               Greg.
               Clement
               .
            
             
               By
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               you
               a
               good
               Deliverance
               .
            
          
           
             
               Clerk.
               
            
             
               
                 John
                 Cook.
              
               Hold
               up
               thy
               hand
               .
               How
               saiest
               thou
               ?
               Art
               thou
               Guilty
               of
               the
               Treason
               ,
               whereof
               thou
               standest
               Indicted
               ,
               and
               for
               which
               thou
               art
               now
               Arraigned
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               John
               Cook.
               
            
             
               I
               humbly
               conceive
               ,
               that
               this
               is
               now
               time
               to
               move
               for
               Councel
               for
               matter
               of
               Law
               —
            
          
           
             
               Court.
               
            
             
               You
               know
               too
               well
               the
               manner
               of
               the
               Court.
               Are
               you
               Guilty
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               John
               Cook.
               
            
             
               Not
               guilty
               ?
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               Tried
               ?
            
          
           
             
               John
               Cook.
               
            
             
               By
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               you
               a
               good
               Deliverance
               .
            
          
           
             
               Clerk.
               
            
             
               Bring
               Edmund
               Harvey
               ,
               Heary
               Smith
               ,
               John
               Downs
               ,
               Vincent
               Potter
               ,
               and
               Augustine
               Garland
               ,
               
                 to
                 the
                 Bar.
              
               
            
          
           
             Who
             were
             brought
             accordingly
             ,
             and
             ,
             being
             commanded
             ,
             severally
             held
             up
             their
             Hands
             .
             The
             Indictment
             was
             read
             to
             them
             .
          
           
             
               Clerk.
               
            
             
               
                 Edmund
                 Harvey
              
               ,
               Hold
               up
               your
               hand
               ,
               How
               saiest
               thou
               ?
               Art
               thou
               Guilty
               of
               the
               Treason
               ,
               whereof
               thou
               standest
               Indicted
               ,
               and
               for
               which
               thou
               art
               now
               Arraigned
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
             
               Edmund
               Harvey
               .
            
             
               Not
               guilty
               ,
               
                 my
                 Lord.
              
               
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               Tried
               ?
            
          
           
             
               Edmund
               Harvey
               .
            
             
               By
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               you
               a
               good
               Deliverance
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Henry
                 Smith
              
               ,
               Hold
               up
               thy
               hand
               .
               How
               saiest
               thou
               ?
               Art
               thou
               Guilty
               of
               the
               Treason
               ,
               whereof
               thou
               art
               Indicted
               ,
               and
               for
               which
               thou
               art
               now
               Arraigned
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Henry
               Smith
               .
            
             
               Not
               guilty
               ,
               
                 my
                 Lord.
              
               
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               Tried
               ?
            
          
           
             
               Henry
               Smith
               .
            
             
               By
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               you
               a
               good
               Deliverance
               .
            
          
           
             
               John
               Downs
               ,
               Vincent
               Potter
               ,
               Augustine
               Garland
               ,
            
             upon
             the
             Question
             ,
             presently
             pleaded
             
               Not
               guilty
            
             ,
             and
             put
             themselves
             on
             God
             ,
             and
             the
             Countrey
             ,
             to
             be
             Tried
             .
          
           
             
               Clerk.
               
            
             
               
                 Set
                 to
                 the
                 Bar
              
               George
               Fleetwood
               ,
               Simon
               Meyn
               ,
               James
               Temple
               ,
               Peter
               Temple
               ,
               Thomas
               Wait
               ,
               Hugh
               Peters
               ,
               Francis
               Hacker
               ,
               and
               Daniel
               Axtel
               .
            
          
           
             Who
             being
             at
             the
             Bar
             ,
             held
             up
             their
             Hands
             according
             to
             Order
             ;
             afterward
             the
             Clerk
             read
             the
             Indictment
             against
             the
             said
             Persons
             .
             Which
             being
             ended
             ,
             he
             proceeded
             in
             this
             manner
             .
          
           
             
               Clerk.
               
            
             
               
                 George
                 Fleetwood
              
               ,
               Hold
               up
               thy
               hand
               .
               What
               saiest
               thou
               ?
               Art
               thou
               guilty
               of
               this
               horrid
               Treason
               ,
               whereof
               thou
               standest
               Indicted
               ,
               and
               art
               now
               Arraigned
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               George
               Fleetwood
               .
            
             
               My
               Lord
               ,
               I
               came
               in
               upon
               his
               Majestie
               
                 's
                 Proclamation
              
               .
            
          
           
             
               Clerk.
               
            
             
               Art
               thou
               Guilty
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               George
               Fleetwood
               .
            
             
               I
               must
               Confess
               ,
               I
               am
               Guilty
               ?
            
          
           
             (
             And
             thereupon
             he
             delivered
             a
             Petition
             in
             ,
             to
             the
             Court
             ;
             which
             he
             said
             was
             directed
             
               To
               his
               Majesty
               ,
               and
               the
               Parliament
               :
            
             and
             the
             Court
             did
             receive
             it
             accordingly
             .
             )
          
           
             
               Clerk.
               
            
             
               Set
               him
               aside
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Simon
                 Meyn
              
               ,
               Hold
               up
               thy
               hand
               ,
               What
               saiest
               thou
               ?
               Art
               thou
               guilty
               of
               this
               horrid
               Treason
               ,
               whereof
               thou
               standest
               Indicted
               ,
               and
               art
               now
               Arraigned
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Sim.
               Meyn
               .
            
             
               
                 Not
                 guilty
              
               .
               I
               come
               in
               upon
               His
               Majestie
               's
               Proclamation
               ,
               my
               Lord.
               
            
          
           
             
             
               Clerk.
               
            
             
               How
               wilt
               thou
               be
               Tried
               ?
            
          
           
             
               Sim.
               Meyn
               .
            
             
               By
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               thee
               a
               good
               Deliverance
               .
            
          
           
             
               Clerk.
               
            
             
               
                 James
                 Temple
              
               ,
               Hold
               up
               thy
               hand
               .
               What
               saiest
               thou
               ?
               Art
               thou
               guilty
               of
               this
               horrid
               Treason
               ,
               whereof
               thou
               standest
               Indicted
               ,
               and
               art
               now
               Arraigned
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               James
               Temple
               .
            
             
               Not
               guilty
               ?
            
          
           
             
               Clerk.
               
            
             
               How
               wilt
               thou
               be
               Tried
               ?
            
          
           
             
               James
               Temple
               .
            
             
               By
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               thee
               a
               good
               Deliverance
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Peter
                 Temple
              
               .
               Hold
               up
               your
               hand
               .
               How
               saiest
               thou
               ?
               Art
               thou
               guilty
               of
               the
               Treason
               ,
               whereof
               thou
               standest
               Indicted
               ,
               and
               for
               which
               thou
               art
               now
               Arraigned
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Peter
               Temple
               .
            
             
               Not
               guilty
               .
            
          
           
             
               Clerk.
               
            
             
               How
               wilt
               thou
               be
               Tried
               ?
            
          
           
             
               Peter
               Temple
               .
            
             
               By
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               thee
               a
               good
               Deliverance
               ,
            
          
           
             
               Clerk.
               
            
             
               
                 Thomas
                 Wait
              
               ,
               Hold
               up
               your
               Hand
               .
               How
               saiest
               thou
               ?
               Art
               thou
               guilty
               of
               the
               Treason
               ,
               whereof
               thou
               standest
               Indicted
               ,
               and
               for
               which
               thou
               art
               Arraigned
               ?
               or
               
                 Not
                 Guilty
              
               ?
            
          
           
             
               Th
               Wait.
               
            
             
               I
               desire
               to
               be
               heard
               a
               word
               ,
               or
               two
               ,
               —
            
          
           
             
               Court.
               
            
             
               There
               is
               a
               Rule
               of
               Law
               ,
               which
               is
               set
               to
               us
               ,
               and
               you
               ;
               that
               ,
               in
               all
               these
               Cases
               ,
               you
               are
               to
               plead
               Guilty
               ,
               or
               
                 Not
                 guilty
              
               .
               When
               you
               have
               Pleaded
               :
               if
               
                 Not
                 Guilty
              
               ;
               you
               may
               speak
               what
               you
               will
               in
               its
               proper
               time
               .
            
          
           
             
               Clerk.
               
            
             
               Are
               you
               Guilty
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Th.
               Wait.
               
            
             
               I
               pray
               let
               me
               be
               heard
               a
               word
               .
               I
               am
               very
               unwilling
               to
               spend
               time
               ;
               knowing
               you
               have
               a
               great
               deal
               of
               Business
               .
               I
               am
               very
               unwilling
               to
               deprive
               my self
               of
               my
               Native
               Right
               .
               I
               shall
               speak
               nothing
               ,
               but
               that
               ,
               which
               is
               Truth
               .
            
          
           
             
               Court.
               
            
             
               Do
               not
               Preface
               then
               ;
               but
               speak
               what
               you
               would
               say
               .
            
          
           
             
               Th.
               Wait.
               
            
             
               My
               Lord
               ,
               my
               Case
               is
               different
               from
               the
               rest
               .
            
          
           
             
               Court.
               
            
             
               Whatsoever
               the
               Case
               he
               ,
               you
               have
               no
               Plea
               to
               us
               ;
               but
               guilty
               ,
               or
               
                 Not
                 guilty
              
               .
               We
               can
               go
               no
               other
               way
               .
               The
               Law
               sets
               our
               your
               Plea.
               
            
          
           
             
             
               Th.
               Wait.
               
            
             
               My
               Lord
               ,
               I
               would
               speak
               one
               word
               .
               There
               was
               a
               Great
               Peer
               of
               this
               Nation
               Indicted
               at
               Northampton
               ,
               within
               these
               two
               years
               ,
               for
               killing
               a
               man.
               The
               Judges
               there
               —
            
          
           
             
               Court.
               
            
             
               You
               must
               Plead
               guilty
               ,
               or
               
                 Not
                 guiley
              
               .
               Pray
               ,
               who
               are
               you
               ,
               that
               should
               take
               this
               upon
               you
               more
               then
               all
               the
               rest
               ?
               You
               must
               go
               the
               ordinary
               way
               ;
               guilty
               ,
               or
               
                 Not
                 guilty
              
               .
               Are
               you
               guilty
               ?
               or
               
                 Not
                 guilty
              
               ?
               We
               do
               not
               intend
               to
               prevent
               any
               thing
               you
               have
               to
               say
               :
               but
               it
               must
               be
               proper
               .
            
          
           
             
               Clerk.
               
            
             
               Are
               you
               guilty
               ?
               or
               
                 Not
                 guilty
              
               .
            
          
           
             
               Th.
               Wait.
               
            
             
               I
               cannot
               say
               ,
               I
               am
               Guilty
               .
            
          
           
             
               Court.
               
            
             
               How
               then
               ?
            
          
           
             
               Th.
               Wait.
               
            
             
               
                 I
                 am
              
               Not
               guilty
               .
            
          
           
             
               Clerk.
               
            
             
               How
               wilt
               thou
               be
               Tried
               ?
            
          
           
             
               Th.
               Wait.
               
            
             
               By
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               Good
               send
               thee
               a
               good
               Deliverance
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Hugh
                 Peters
              
               ,
               Hold
               up
               thy
               hand
               .
               How
               saiest
               thou
               ?
               Art
               thou
               guilty
               of
               the
               Treason
               ,
               whereof
               thou
               standest
               Indicted
               ,
               and
               for
               which
               thou
               art
               now
               Arraigned
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Hugh
               Peters
               .
            
             
               I
               would
               not
               for
               ten
               thousand
               Worlds
               say
               ,
               I
               am
               Guilty
               .
               I
               am
               
                 Not
                 guilty
              
               .
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               Tried
               ?
            
          
           
             
               Hugh
               Peters
               .
            
             
               By
               the
               Word
               of
               God.
               
            
          
           
             (
             Here
             the
             People
             laughed
             .
             )
          
           
             
               Court
               ▪
               
            
             
               You
               must
               say
               ,
               
                 By
                 God
                 ,
                 and
                 the
                 Countrey
                 .
              
               Tell
               him
               you
               ,
               that
               stand
               by
               him
               ,
               what
               he
               should
               say
               ,
               if
               he
               doth
               not
               know
               .
            
          
           
             
               Clerk.
               
            
             
               How
               will
               you
               be
               Tried
               ?
            
          
           
             
               Hugh
               Peters
               .
            
             
               By
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               thee
               a
               good
               Deliverance
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Dan.
                 Axtel
              
               ,
               Hold
               up
               thy
               hand
               .
               What
               saiest
               thou
               ?
               Art
               thou
               guilty
               of
               the
               Treason
               ,
               whereof
               thou
               standest
               Indicted
               ,
               and
               for
               which
               thou
               art
               now
               Arraigned
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Dan.
               Axtel
               .
            
             
               May
               it
               please
               your
               Lordship
               ,
               I
               desire
               to
               have
               the
               freedom
               of
               an
               English-man
               ;
               that
               which
               is
               my
               Right
               by
               Law
               ,
               and
               inheritance
               ;
               I
               have
               something
               to
               offer
               in
               point
               of
               Law.
               
            
          
           
             
               Clerk.
               
            
             
               Art
               thou
               Guilty
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
             
               Dan.
               Axtel
               .
            
             
               My
               Lords
               ,
               give
               me
               leave
               to
               speak
               .
               For
               the
               Matter
               of
               the
               Indictment
               I
               conceive
               is
               upon
               the
               King's
               Death
               that
               there
               is
               a
               Commission
               of
               Oyer
               and
               Terminer
               ,
               for
               you
               to
               sit
               .
               But
               in
               regard
               it
               was
               in
               pursuance
               of
               an
               Act
               of
               Parliament
               ,
               I
               conceive
               no
               
                 Inferiour
                 Court
              
               ought
               to
               judge
               of
               it
               .
               I
               desire
               Councel
               :
               it
               being
               of
               great
               ,
               and
               eminent
               Concernment
               in
               Law
               :
               That
               ever
               any
               Judges
               ,
               or
               any
               
                 Inferiour
                 Court
              
               ,
               should
               judge
               of
               the
               Powers
               ,
               and
               Priviledges
               ,
               of
               a
               Parliament
               :
               and
               I
               pray
               ,
               that
               Councel
               may
               be
               assigned
               me
               .
            
          
           
             
               Clerk.
               
            
             
               Are
               you
               Guilty
               ?
               or
               
                 Not
                 guilty
              
               ?
            
          
           
             
               Dan.
               Axtel
               .
            
             
               If
               the
               Court
               over-rule
               me
               ,
               and
               I
               shall
               not
               have
               my
               Liberty
               ,
               as
               an
               
               English-man
               —
            
          
           
             
               Court.
               
            
             
               The
               Course
               of
               Law
               is
               this
               ;
               
                 No
                 man
                 can
                 Justifie
                 Treason
              
               .
               If
               the
               matter
               ,
               which
               you
               have
               to
               say
               ,
               be
               Justifiable
               ,
               it
               is
               not
               Treason
               :
               if
               Treason
               ;
               it
               is
               not
               Justifiable
               .
               Therefore
               you
               must
               go
               to
               the
               ordinary
               course
               of
               the
               Law.
               You
               must
               Plead
               Guilty
               ,
               or
               
                 Not
                 guilty
              
               .
            
          
           
             
               Dan.
               Axtel
               .
            
             
               I
               can
               produce
               many
               Precedents
               —
            
          
           
             
               Cour
               
            
             
               Are
               you
               Guilty
               ?
               or
               
                 Not
                 guilty
              
               ?
               The
               Language
               is
               put
               into
               your
               Mouth
               .
               You
               have
               no
               other
               words
               to
               express
               your self
               by
               ,
               at
               this
               time
               ;
               but
               ,
               Guilty
               ,
               or
               
                 Not
                 guilty
              
               .
            
          
           
             
               Dan
               Axtel
               .
            
             
               
                 Judg
                 Heath
              
               had
               Councel
               assigned
               him
               upon
               the
               same
               Case
               .
            
          
           
             
               Court.
               
            
             
               That
               is
               very
               strange
               :
               the
               
                 same
                 case
              
               .
               What
               ,
               was
               it
               for
               killing
               a
               King
               ?
            
          
           
             
               Dan.
               Axtel
               .
            
             
               If
               the
               Court
               will
               over-rule
               me
               ,
               I
               cannot
               help
               it
               .
            
          
           
             
               Mr.
               Solicitour
               Gen.
               
            
             
               It
               may
               be
               this
               Gentleman
               may
               be
               deceived
               by
               a
               Mistake
               .
               It
               may
               be
               he
               knows
               not
               the
               Law
               ,
               which
               your
               Lordships
               may
               be
               pleased
               to
               acquaint
               him
               with
               :
               That
               ,
               to
               stand
               Mute
               in
               High-Treason
               ,
               is
               all
               one
               ,
               as
               to
               Confess
               the
               Fact
               ,
               and
               will
               have
               the
               same
               Sentence
               ,
               and
               Condemnation
               upon
               them
               ,
               as
               if
               they
               had
               Confessed
               it
               .
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               Then
               I
               'le
               tell
               you
               the
               Law
               ,
               
                 He
                 ,
                 that
                 doth
                 refuse
                 to
                 put
                 himself
                 upon
                 his
                 Legal
                 Trial
                 of
              
               God
               ,
               
                 and
                 the
              
               Countrey
               ,
               
                 is
                 a
              
               Mute
               
                 in
                 Law
              
               :
               and
               therefore
               you
               must
               Plead
               Guilty
               ,
               or
               
                 Not
                 guilty
              
               .
               Let
               his
               Language
               be
               what
               it
               will
               ,
               he
               is
               a
               Mute
               in
               Law.
               
            
          
           
             
             
               Dan.
               Axtel
               .
            
             
               I
               do
               not
               refuse
               it
               .
            
          
           
             
               Court.
               
            
             
               Then
               say
               .
            
          
           
             
               Dan.
               Axtel
               .
            
             
               
                 I
                 am
              
               Not
               guilty
               .
            
          
           
             
               Clerk.
               
            
             
               How
               wilt
               thou
               be
               Tried
               ?
            
          
           
             
               Dan.
               Axtel
               .
            
             
               By
               twelve
               lawful
               men
               ,
               according
               to
               the
               Constitutions
               of
               the
               Law.
               
            
          
           
             
               Court.
               
            
             
               That
               is
               by
               God
               ,
               and
               the
               Countrey
               .
            
          
           
             
               Dan.
               Axtel
               .
            
             
               That
               is
               not
               lawful
               .
               God
               is
               not
               locally
               here
               .
            
          
           
             
               Clerk.
               
            
             
               How
               wilt
               thou
               be
               Tried
               ?
               You
               must
               say
               ,
               
                 By
                 God
                 and
                 the
                 Countrey
              
               .
            
          
           
             
               Dan.
               Axtel
               .
            
             
               By
               God
               and
               the
               Countrey
               .
            
          
           
             
               Clerk.
               
            
             
               God
               send
               you
               a
               good
               Deliverance
               .
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               Mr.
               Axtel
               ,
               have
               you
               your
               Papers
               again
               ?
            
          
           
             
               Dan.
               Axtel
               .
            
             
               Yes
               ,
               my
               Lord.
               
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               When
               your
               Indictment
               is
               read
               the
               second
               time
               ,
               when
               you
               come
               to
               your
               Trial
               ,
               you
               may
               take
               what
               Notes
               you
               please
               .
            
             
               The
               Court
               then
               Adjourned
               to
               the
               same
               Place
               ,
               till
               the
               next
               morning
               ,
               seven
               of
               the
               Clock
               .
            
          
        
         
           
             
               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
               these
               Sacred
               Persons
               ,
               that
               the
               
                 Sons
                 of
                 Violence
              
               should
               never
               approach
               to
               hurt
               them
               .
               For
               
                 (
                 My
                 Lord
              
               )
               the
               very
               Thoughts
               of
               such
               an
               Attempt
               hath
               ever
               been
               presented
               by
               all
               Laws
               ,
               in
               
                 all
                 Ages
              
               ,
               and
               
                 all
                 Nations
              
               of
               the
               World
               ,
               as
               a
               most
               unpardonable
               Treason
               .
               
                 My
                 Lord
              
               ,
               This
               is
               that
               ,
               that
               brought
               the
               two
               Eunuchs
               in
               the
               
               Persian-Court
               to
               their
               just
               
               Destruction
               :
               
                 Voluerunt
                 insurgere
              
               ;
               saies
               the
               Text
               :
               and
               yet
               that
               was
               enough
               to
               Attain
               them
               .
               And
               so
               
                 (
                 My
                 Lord
              
               )
               it
               was
               by
               the
               Roman
               Laws
               too
               ,
               as
               Tacitus
               observes
               ;
               
                 Qui
                 deliberant
                 ,
                 desciverunt
              
               .
               To
               Doubt
               ,
               or
               Hesitate
               ,
               in
               a
               Point
               of
               Allegiance
               ,
               is
               direct
               Treason
               ,
               and
               Apostasie
               .
               And
               upon
               this
               Ground
               it
               is
               ,
               that
               the
               Statute
               ,
               upon
               which
               your
               Lordships
               are
               now
               to
               proceed
               ,
               hath
               these
               express
               Words
               ;
               
                 If
                 a
                 man
                 doth
                 Compass
                 ,
                 or
                 Imagine
                 the
                 Death
                 of
                 the
                 King
                 ,
              
               &c.
               
               Kings
               ,
               who
               are
               
               God's
               
                 Vicegerents
                 upon
                 Earth
              
               ,
               have
               thus
               far
               a
               kind
               of
               Resemblance
               of
               the
               Divine
               Majesty
               ;
               that
               their
               Subjects
               stand
               accountable
               to
               Them
               for
               the
               
                 very
                 Thoughts
              
               of
               their
               Hearts
               .
               Not
               ,
               that
               any
               Man
               can
               know
               the
               Heart
               ,
               save
               God
               alone
               ;
               but
               because
               when
               the
               Wicked
               Heart
               breaks
               out
               into
               any
               open
               Expressions
               ,
               by
               which
               it
               may
               be
               judged
               ,
               't
               is
               the
               Thoughts
               of
               the
               Heart
               ,
               which
               makes
               the
               Treason
               :
               the
               Overt-Act
               is
               but
               the
               Evidence
               of
               it
               .
            
             
               
                 My
                 Lords
              
               ,
               This
               Care
               ,
               and
               Caution
               ,
               is
               not
               so
               to
               be
               understood
               ;
               as
               if
               it
               were
               the
               Single
               Interest
               of
               One
               Royal
               Person
               only
               .
               The
               Law
               doth
               wisely
               judge
               ,
               and
               foresee
               ,
               that
               upon
               the
               Life
               of
               the
               King
               depends
               the
               Laws
               ,
               and
               Liberties
               ,
               the
               Estates
               and
               Properties
               ,
               the
               Wealth
               ,
               and
               Peace
               ,
               the
               Religion
               ,
               and
               in
               Sum
               ,
               the
               Glory
               of
               the
               Nation
               .
            
             
               
                 My
                 Lords
              
               ,
               This
               Judgment
               of
               the
               Law
               ha's
               been
               verified
               by
               a
               sad
               Experience
               :
               for
               when
               that
               
                 Blessed
                 King
              
               (
               whose
               Blood
               we
               are
               now
               making
               Inquisition
               for
               )
               was
               untimely
               taken
               away
               ,
               Religion
               ,
               and
               Justice
               both
               lay
               buried
               in
               the
               same
               Grave
               with
               Him
               :
               and
               there
               they
               had
               slept
               still
               ;
               if
               the
               miraculous
               Return
               of
               Our
               Gracious
               Sovereign
               had
               not
               given
               them
               a
               new
               Resurrection
               .
            
             
               
                 My
                 Lords
              
               ,
               My
               Lord
               Coke
               ,
               in
               his
               Comment
               upon
               this
               Statute
               ,
               ha's
               one
               Conceit
               ,
               which
               is
               somewhat
               strange
               ;
               I
               am
               sure
               it
               is
               very
               new
               :
               he
               seems
               to
               think
               ,
               that
               it
               would
               have
               added
               to
               the
               Perfection
               of
               this
               Law
               ;
               if
               there
               had
               been
               a
               time
               limited
               for
               the
               Party
               to
               be
               accused
               .
               But
               certainly
               the
               work
               of
               this
               Day
               has
               quite
               consuted
               that
               Imagination
               .
               For
               here
               is
               a
               Treason
               ,
               that
               has
               so
               long
               out-faced
               the
               Law
               ,
               and
               the
               Justice
               of
               this
               Kingdom
               ;
               that
               ,
               if
               there
               had
               been
               any
               time
               of
               Limitation
               in
               the
               Statute
               ,
               there
               would
               have
               been
               no
               Time
               ,
               nor
               
               Place
               ,
               left
               for
               Punishment
               .
               And
               ,
               if
               this
               Treason
               had
               but
               once
               grown
               up
               to
               an
               Impunity
               ,
               it
               might
               perhaps
               have
               drawn
               the
               Guilt
               of
               that
               Innocent
               Blood
               ,
               and
               with
               it
               the
               Vengeance
               due
               to
               it
               ,
               upon
               the
               whole
               Nation
               .
            
             
               The
               Scope
               of
               this
               Iudictment
               is
               ,
               
                 for
                 the
                 Compassing
                 the
                 Death
                 of
                 the
                 King
                 :
              
               the
               rest
               of
               the
               Indictment
               ,
               as
               the
               
                 Vsurping
                 Authority
                 over
                 the
              
               King's
               Person
               ,
               the
               
                 Assembling
                 ,
                 Sitting
                 ,
                 Judging
              
               ,
               and
               Killing
               of
               the
               King
               ,
               are
               but
               so
               many
               several
               Overt-Acts
               to
               prove
               the
               Intention
               of
               the
               Heart
               .
               We
               are
               not
               bound
               (
               under
               favour
               )
               to
               prove
               every
               one
               of
               these
               against
               every
               particular
               Person
               ,
               who
               is
               Indicted
               :
               for
               he
               ,
               that
               is
               in
               at
               one
               ,
               is
               guilty
               in
               Law
               of
               all
               rest
               ,
               as
               much
               ,
               as
               if
               he
               had
               struck
               the
               
                 Fatal
                 Stroke
              
               it self
               .
               Nay
               (
               under
               favour
               )
               if
               we
               can
               prove
               any
               other
               Overt-Act
               ,
               besides
               what
               is
               lai'd
               in
               the
               Indictment
               ,
               as
               the
               encouraging
               of
               the
               Souldiers
               to
               cry
               out
               ,
               
                 Justice
                 ,
                 Justice
              
               ;
               or
               Preaching
               to
               them
               to
               go
               in
               
                 this
                 Work
              
               as
               Godly
               ,
               and
               Religious
               ;
               or
               any
               other
               act
               of
               all
               that
               Catalogue
               of
               Villanies
               ,
               for
               which
               the
               Story
               will
               be
               for
               ever
               Infamous
               :
               this
               may
               be
               given
               in
               Evidence
               to
               prove
               the
               Compassing
               ,
               and
               Imagining
               the
               King's
               Death
               .
               The
               conclusion
               of
               this
               Indictment
               alledges
               the
               Fact
               done
               to
               be
               
                 to
                 the
                 great
                 Displeasure
                 of
                 Almighty
                 God
                 ,
              
               and
               
                 to
                 the
                 great
                 Disgrace
                 of
                 the
                 People
                 of
              
               England
               .
               A
               Truth
               so
               clear
               ,
               and
               known
               ;
               that
               it
               can
               neither
               be
               heightned
               by
               any
               Aggravation
               ,
               or
               lessend
               by
               any
               Excuse
               .
            
             
               As
               for
               the
               Fact
               it self
               ,
               with
               the
               Manner
               of
               it
               ,
               I
               shall
               not
               need
               to
               open
               it
               at
               large
               :
               for
               these
               things
               were
               not
               done
               in
               a
               Corner
               ;
               every
               
                 true
                 English
              
               Heart
               still
               keeps
               within
               it self
               a
               bleeding
               Register
               of
               this
               Story
               only
               
                 (
                 my
                 Lords
              
               )
               in
               the
               way
               to
               our
               Evidence
               ,
               with
               your
               Lordships
               favour
               ,
               this
               I
               think
               ,
               may
               be
               fit
               to
               be
               said
               .
            
             
               First
               ,
               for
               the
               year
               1648.
               (
               for
               that
               was
               the
               Fatal
               year
               of
               this
               King
               ,
               and
               beyond
               that
               year
               we
               shall
               not
               now
               enquire
               )
               I
               say
               whatsoever
               ,
               in
               the
               Year
               1648.
               could
               have
               been
               done
               by
               a
               Parliament
               to
               save
               the
               Life
               of
               a
               King
               ,
               was
               done
               in
               this
               Case
               .
            
             
               They
               opened
               the
               way
               to
               a
               Treaty
               in
               spight
               of
               the
               Army
               ;
               and
               ,
               while
               these
               Sons
               of
               Zerviah
               ,
               who
               were
               too
               hard
               for
               them
               ,
               were
               engaged
               in
               Service
               ,
               in
               the
               Remoter
               Parts
               ,
               they
               hastened
               the
               Treaty
               as
               much
               ,
               as
               was
               possible
               :
               the
               Debater
               upon
               His
               
               Majestie
               's
               Concessions
               were
               Voted
               a
               
                 good
                 ground
                 for
                 Peace
              
               :
               notwithstanding
               the
               Remonstrances
               of
               the
               Army
               still
               flew
               about
               their
               Ears
               ,
               and
               notwithstanding
               the
               Oppositions
               of
               a
               fearful
               ,
               and
               unbelieving
               Party
               of
               the
               
                 House-of
                 Commons
              
               ;
               whom
               the
               Army
               had
               frighted
               into
               an
               Awful
               ,
               and
               a
               Slavish
               Dependance
               upon
               them
               .
               And
               ,
               when
               nothing
               else
               could
               be
               done
               for
               Him
               ,
               they
               were
               so
               true
               to
               the
               Obligations
               they
               lay
               under
               ,
               that
               they
               resolved
               to
               fall
               with
               Him
               :
               and
               did
               so
               .
               For
               the
               Army
               ,
               who
               saw
               the
               
                 Treaty
                 proceed
              
               so
               fast
               ,
               made
               as
               great
               hast
               to
               
                 break
                 it
              
               .
               They
               seize
               upon
               the
               blessed
               Person
               of
               our
               Sacred
               King
               by
               Force
               ,
               and
               bring
               Him
               to
               London
               ;
               and
               here
               they
               force
               the
               
                 Parliament
                 ;
                 shut
                 out
              
               some
               
                 Members
                 ,
                 imprison
              
               others
               :
               and
               then
               called
               this
               wretched
               little
               Company
               ,
               which
               was
               left
               ,
               a
               Parliament
               .
               By
               this
               ,
               and
               before
               they
               had
               taken
               upon
               them
               ▪
               the
               Boldness
               to
               dissolve
               the
               House
               of
               Peers
               ,
               they
               pass
               a
               Law
               ,
               and
               Erect
               ,
               forsooth
               !
               an
               
                 High
                 Court
                 of
                 Justice
              
               ,
               as
               they
               call
               it
               ,
               a
               Shambles
               of
               Justice
               ;
               appoint
               
                 Judges
                 ,
                 Advocates
                 ,
                 Officers
              
               ,
               and
               Ministers
               ;
               sit
               upon
               the
               Life
               of
               the
               King.
               Now
               they
               
                 Speak
                 out
              
               ,
               and
               Expound
               their
               own
               Declarations
               ,
               and
               tell
               us
               what
               that
               was
               ,
               which
               before
               they
               had
               demanded
               in
               obscure
               Terms
               ,
               when
               they
               called
               for
               Justice
               against
               
                 all
                 Delinquents
              
               .
               Now
               they
               speak
               plainly
               what
               they
               mean
               ,
               and
               call
               this
               blessed
               King
               ,
               this
               glorious
               Saint
               ,
               the
               
                 grand
                 Delinquent
              
               :
               
                 —
                 Haec
                 Acies
                 victum
                 factura
                 Nocentem
                 est
                 .
              
            
             
               My
               Lords
               ,
               When
               they
               had
               thus
               proceeded
               to
               appoint
               their
               
                 Judges
                 ,
                 Officers
              
               ,
               and
               Court
               ,
               then
               they
               call
               this
               Person
               ,
               their
               onely
               Liege
               Lord
               and
               Soveraign
               to
               the
               Bar
               ,
               and
               ,
               by
               a
               
                 formal
                 Pegeantry
              
               of
               Justice
               ,
               proceed
               to
               Sit
               upon
               Him
               ,
               
                 Arraign
                 ,
                 Try
                 ,
                 Sentence
                 ,
                 Condemn
                 ,
              
               and
               Kill
               (
               I
               had
               almost
               said
               Crucifie
               )
               Him
               ,
               whom
               they
               could
               not
               but
               know
               to
               be
               their
               King.
               And
               all
               this
               against
               the
               clearest
               Light
               ,
               the
               sharpest
               Checks
               ,
               and
               most
               through
               Convictions
               of
               Conscience
               ,
               that
               ever
               men
               resisted
               .
               And
               yet
               ,
               in
               this
               moment
               of
               time
               ,
               such
               was
               the
               Majesty
               ,
               and
               Innocene
               ,
               of
               our
               Gracious
               Soveraign
               ;
               that
               the
               People
               followed
               Him
               with
               Tears
               in
               their
               Eyes
               ,
               and
               Acclamations
               in
               their
               
                 Mouths
                 ,
                 God
                 save
                 the
                 King
              
               ;
               even
               then
               ,
               when
               the
               Souldiers
               were
               ready
               to
               fire
               upon
               them
               ,
               who
               did
               either
               look
               Sadly
               ,
               or
               speak
               Affectionately
               .
               And
               yet
               it
               will
               appear
               upon
               our
               Evidence
               
               too
               ;
               that
               so
               few
               of
               the
               very
               
                 Common
                 Souldiers
              
               could
               be
               brought
               to
               approve
               these
               Proceedings
               ,
               or
               to
               cry
               out
               Justice
               ;
               that
               their
               Officers
               were
               fain
               by
               Money
               ,
               or
               Blows
               ,
               or
               both
               ,
               to
               bring
               a
               great
               many
               to
               it
               .
            
             
               
                 My
                 Lords
              
               ,
               The
               Actors
               in
               this
               Tragedy
               were
               
                 many
                 ,
                 very
              
               many
               ,
               so
               many
               ;
               that
               sure
               their
               Name
               is
               Legion
               ,
               or
               rather
               many
               Legions
               .
               And
               certainly
               
                 (
                 my
                 Lords
              
               )
               when
               we
               shall
               consider
               the
               Thing
               ,
               that
               they
               have
               done
               ,
               we
               cannot
               but
               look
               upon
               it
               ,
               as
               a
               Villany
               ,
               which
               had
               in
               it
               all
               the
               Ingredients
               to
               make
               it
               detestable
               ,
               that
               it
               was
               possible
               for
               the
               Counsel
               of
               Men
               ;
               or
               Devils
               either
               ;
               to
               put
               together
               .
               But
               yet
               ,
               if
               any
               thing
               can
               be
               of
               a
               deeper
               Dy
               ,
               then
               the
               Guilt
               of
               that
               
                 Sacred
                 Blood
              
               ,
               wherewith
               they
               stand
               Polluted
               ,
               me
               thinks
               ,
               their
               Impudence
               should
               make
               them
               more
               odious
               ;
               then
               their
               Treason
               .
               It
               was
               the
               destruction
               of
               
               God's
               Anointed
               ,
               in
               the
               Name
               of
               the
               Lord.
               It
               was
               the
               Murther
               of
               a
               most
               blessed
               ,
               and
               beloved
               Prince
               ,
               in
               the
               Name
               of
               His
               People
               .
               Him
               ,
               whom
               they
               had
               taken
               the
               transcendent
               Boldness
               to
               imprison
               ;
               as
               the
               Author
               of
               the
               War
               ,
               they
               put
               to
               Death
               ,
               because
               He
               would
               have
               been
               the
               Author
               of
               our
               Peace
               :
               and
               that
               with
               so
               much
               Scorn
               ,
               and
               Indignity
               ,
               that
               some
               of
               them
               were
               not
               ashamed
               to
               spit
               in
               the
               Face
               of
               our
               Lord
               ,
               and
               Sovereign
               .
               And
               when
               they
               had
               thus
               
                 quenched
                 the
                 Light
                 of
              
               Israel
               :
               Darkness
               ,
               and
               Confusion
               ,
               did
               over-spread
               the
               face
               of
               the
               Land
               :
               many
               poor
               Subjects
               at
               Home
               ,
               and
               some
               Protestants
               in
               Foreign
               Nations
               ,
               at
               the
               very
               News
               of
               it
               fell
               down
               Dead
               ;
               as
               if
               this
               excellent
               King
               had
               been
               in
               a
               Natural
               ,
               as
               well
               as
               a
               Religious
               sence
               ,
               
                 the
                 Breath
                 of
                 our
                 Nostrils
              
               ,
               the
               
                 Anointed
                 of
                 the
                 Lord
              
               ,
               who
               was
               
                 taken
                 in
                 their
                 Pits
              
               .
               The
               
                 Judges
                 ,
                 Officers
              
               ,
               and
               other
               Immediate
               Actors
               in
               this
               pretended
               Court
               ,
               were
               in
               number
               about
               fourscore
               .
               Of
               these
               some
               four
               ,
               or
               five
               ,
               and
               twenty
               are
               dead
               ,
               
                 and
                 gone
                 to
                 their
                 own
                 place
                 .
              
               The
               
                 God
                 of
                 Recompences
              
               hath
               taken
               the
               matter
               so
               far
               into
               His
               Own
               Hands
               :
               and
               who
               knows
               ,
               but
               that
               it
               might
               be
               one
               dreadful
               part
               of
               His
               Vengeance
               ,
               that
               they
               died
               in
               Peace
               ?
               Some
               six
               ,
               or
               seven
               of
               them
               ,
               who
               are
               thought
               to
               have
               sinned
               with
               less
               Malice
               ,
               have
               their
               Lives
               spared
               ,
               indeed
               ,
               but
               are
               like
               to
               be
               brought
               to
               a
               severe
               Repentance
               by
               future
               Penalties
               .
               Some
               eighteen
               ,
               or
               nineteen
               ,
               have
               fled
               from
               Justice
               ,
               and
               wander
               to
               
               and
               fro
               ,
               about
               the
               World
               with
               the
               Mark
               of
               Cain
               upon
               them
               ,
               are
               
                 Perpetual
                 trembling
              
               ,
               lest
               every
               Eye
               that
               sees
               them
               ,
               and
               every
               Hand
               that
               meets
               them
               ,
               should
               fall
               upon
               them
               .
               Twenty
               nine
               Persons
               do
               now
               expect
               your
               Justice
               .
               Amongst
               them
               the
               first
               ,
               that
               is
               brought
               ,
               is
               the
               Prisoner
               at
               the
               Bar
               ,
               and
               he
               deserves
               to
               be
               the
               first
               ;
               for
               ,
               if
               any
               Person
               ,
               now
               left
               alive
               ought
               to
               be
               stiled
               the
               
                 Conductour
                 ,
                 Leader
              
               ,
               and
               Captain
               of
               all
               this
               Work
               ,
               that
               's
               the
               Man.
               He
               
                 (
                 my
                 Lord
              
               )
               brought
               the
               King
               up
               a
               Prisoner
               from
               Windsor
               ,
               but
               how
               ,
               and
               in
               
                 what
                 manner
              
               ,
               with
               how
               
                 little
                 Duty
              
               ,
               nay
               ,
               with
               how
               
                 little
                 Civility
              
               to
               a
               common
               Person
               ,
               you
               will
               hear
               in
               time
               .
               He
               Sate
               upon
               Him
               ,
               Sentenced
               Him
               ,
               he
               Signed
               the
               Warrant
               ,
               first
               to
               
                 call
                 that
                 Court
              
               together
               ,
               then
               the
               
                 bloody
                 Warrant
              
               to
               cut
               off
               His
               Sacred
               Head.
               Against
               him
               ,
               as
               against
               all
               the
               rest
               ,
               our
               Evidence
               will
               be
               of
               two
               sorts
               :
               Witnesses
               ,
               
                 Viva
                 voce
              
               ;
               that
               shall
               first
               prove
               to
               your
               Lordships
               ,
               that
               every
               Person
               now
               in
               Question
               did
               sit
               in
               that
               Court
               ,
               when
               their
               King
               stood
               ,
               as
               a
               Prisoner
               ,
               at
               the
               Bar.
               We
               shall
               prove
               that
               the
               Precept
               ,
               by
               which
               this
               pretended
               Court
               was
               summoned
               ,
               was
               not
               obeyed
               ,
               and
               executed
               ,
               till
               it
               had
               had
               the
               hands
               ,
               and
               seals
               ,
               of
               most
               of
               the
               pretended
               Judges
               :
               among
               the
               rest
               ,
               the
               hand
               of
               the
               Prisoner
               at
               the
               Bar
               will
               be
               found
               there
               .
               We
               shall
               prove
               his
               hand
               to
               the
               
                 bloody
                 Warrant
              
               ,
               for
               severing
               the
               Sacred
               Head
               of
               our
               Blessed
               Sovereign
               from
               the
               Body
               ,
               and
               then
               some
               Circumstances
               of
               his
               Malice
               ,
               and
               of
               his
               Demeanour
               .
               And
               after
               we
               have
               done
               with
               our
               Witnesses
               
                 Viva
                 voce
              
               ,
               if
               we
               have
               occasion
               to
               use
               Records
               of
               Parliament
               ,
               we
               shall
               shew
               them
               too
               ;
               for
               we
               have
               the
               Originals
               ,
               or
               authentick
               Copies
               .
               But
               now
               we
               shall
               proceed
               to
               our
               Evidence
               .
            
          
           
             Proclamation
             was
             made
             for
             Silence
             .
          
           
             
               Sir
               Edward
               Turner
               .
            
             
               
                 My
                 Lords
              
               ,
               The
               service
               of
               this
               Day
               doth
               call
               to
               my
               Memory
               the
               Story
               of
               good
               King
               Amaziah
               .
               We
               read
               in
               
                 Holy
                 Writ
              
               ,
               that
               his
               Father
               ,
               King
               Joash
               ,
               was
               murthered
               ,
               and
               murthered
               by
               His
               own
               Subjects
               :
               but
               we
               read
               further
               ,
               that
               ,
               when
               Amaziah
               had
               regained
               the
               Crown
               ,
               was
               settled
               in
               the
               Government
               ,
               He
               slew
               those
               ,
               that
               slew
               His
               Father
               .
               He
               did
               go
               downe
               into
               Edom
               ,
               the
               
                 Valley
                 of
                 Salt
              
               ,
               and
               there
               He
               did
               slay
               ten
               thousand
               .
               The
               work
               of
               this
               Day
               doth
               very
               much
               resemble
               that
               Action
               .
               Our
               Good
               ,
               and
               Gratious
               King
               ,
               His
               Father
               of
               blessed
               
               Memory
               ,
               and
               our
               Father
               ,
               His
               natural
               ,
               and
               our
               politick
               Father
               ,
               to
               whom
               our
               natural
               Allegiance
               was
               due
               was
               murthered
               ,
               and
               by
               His
               own
               Subjects
               .
               But
               ,
               
                 My
                 Lords
              
               ,
               this
               was
               not
               a
               National
               Crime
               :
               and
               our
               Good
               ,
               and
               Gratious
               Sovereign
               hath
               done
               us
               that
               Honour
               ,
               and
               Right
               to
               vindicate
               us
               in
               Forreign
               Nations
               ;
               and
               now
               He
               is
               come
               Home
               in
               Power
               ,
               and
               Glory
               ,
               He
               does
               continue
               in
               the
               same
               Mind
               :
               that
               's
               the
               Reason
               ,
               we
               are
               not
               now
               slain
               by
               thousands
               ;
               but
               that
               those
               Miscreants
               are
               gathered
               up
               here
               ,
               and
               there
               ,
               that
               did
               commit
               the
               Offence
               ,
               and
               would
               have
               involved
               the
               Nation
               in
               a
               common
               Infamy
               .
            
             
               Gentlemen
               of
               the
               Jury
               ,
               Your
               time
               to
               enquire
               of
               this
               Matter
               is
               precious
               ,
               more
               pretious
               then
               my
               Words
               ;
               else
               I
               would
               repeat
               to
               you
               the
               History
               of
               the
               Tragedy
               ;
               at
               least
               that
               Summary
               ,
               that
               was
               entred
               in
               the
               
                 Black
                 Book
              
               ,
               or
               the
               Journals
               of
               that
               they
               then
               called
               a
               Parliament
               .
               It
               shall
               suffice
               to
               tell
               you
               ,
               and
               that
               most
               truly
               ;
               that
               it
               was
               but
               an
               handful
               of
               men
               in
               respect
               of
               the
               whole
               Nation
               ,
               that
               did
               contrive
               ,
               and
               design
               ,
               this
               damnable
               and
               traiterous
               Plot
               ,
               to
               subvert
               the
               Laws
               ,
               and
               change
               the
               Government
               of
               this
               well-governed
               Nation
               .
               In
               prosecution
               of
               which
               they
               did
               cast
               abroad
               ,
               and
               spread
               forth
               ,
               
                 Jesuitical
                 Maxims
              
               ,
               Damnable
               ,
               and
               Diabolical
               Principles
               ,
               to
               intoxicate
               the
               People
               ;
               and
               ,
               when
               their
               Heads
               were
               troubled
               ,
               they
               were
               easily
               lead
               into
               Arms
               ;
               where
               ,
               after
               some
               time
               ,
               they
               grew
               drunk
               with
               Successes
               :
               and
               when
               they
               had
               drunk
               too
               much
               of
               the
               Loyal
               Blood
               of
               the
               People
               ,
               then
               they
               thirsted
               for
               the
               Royal
               Blood
               also
               .
               I
               do
               confess
               ,
               we
               read
               in
               Stories
               ,
               that
               Kings
               have
               before
               this
               time
               been
               murthered
               :
               some
               in
               our
               Nation
               ,
               as
               King
               Richard
               the
               Second
               ,
               and
               Edward
               the
               Third
               :
               and
               in
               other
               Nations
               .
               But
               the
               Actors
               of
               those
               Murthers
               were
               modest
               to
               these
               .
               They
               did
               it
               in
               Private
               ;
               these
               in
               the
               Face
               of
               the
               Sun
               ,
               and
               the
               People
               :
               but
               it
               was
               those
               People
               ,
               Gentlemen
               ,
               they
               had
               corrupted
               with
               Shares
               in
               their
               Robberies
               ,
               and
               Villanies
               .
               They
               pretended
               it
               was
               in
               a
               way
               of
               Justice
               :
               but
               ,
               you
               must
               know
               ,
               no
               Justice
               can
               be
               executed
               upon
               the
               Person
               of
               the
               King
               ;
               
                 Touch
                 not
                 mine
                 Anointed
              
               ,
               saith
               God
               himself
               .
            
             
               
                 My
                 Lords
              
               ,
               I
               do
               read
               in
               the
               Roman
               Story
               ;
               that
               both
               amongst
               them
               ,
               and
               other
               Nations
               ,
               there
               was
               no
               Law
               against
               Parricide
               .
               It
               was
               not
               thought
               that
               any
               man
               was
               so
               unnatural
               ,
               and
               Devilish
               ,
               to
               destroy
               his
               Father
               .
               But
               we
               do
               find
               amongst
               the
               Romanes
               
               such
               a
               Fact
               was
               committed
               ,
               and
               then
               they
               were
               at
               a
               loss
               to
               punish
               it
               .
               The
               way
               was
               this
               ,
               that
               they
               found
               out
               :
               the
               Offendour
               they
               sewed
               into
               a
               Mail
               of
               Leather
               so
               close
               ,
               that
               no
               Water
               could
               get
               in
               ;
               when
               they
               had
               done
               ,
               they
               threw
               him
               into
               the
               Sea
               :
               by
               this
               denoting
               ;
               the
               Offendour
               was
               not
               worthy
               to
               Tread
               upon
               the
               Ground
               ,
               nor
               to
               Breath
               in
               the
               Air
               ,
               nor
               to
               have
               the
               benefit
               of
               any
               of
               the
               four
               Elements
               ,
               nor
               the
               use
               of
               any
               of
               God's
               Creatures
               :
               and
               so
               he
               starved
               .
            
             
               
                 Gentlemen
                 ,
                 Parricide
              
               ,
               and
               Regicide
               ,
               differ
               not
               in
               Nature
               ,
               but
               in
               
                 Degree
                 .
                 Parricide
              
               is
               the
               killing
               of
               the
               Father
               of
               one
               ,
               or
               a
               few
               ,
               Persons
               ;
               Regicide
               ,
               the
               Killing
               the
               Father
               of
               a
               Countrey
               .
               What
               Punishment
               then
               is
               suitable
               to
               this
               Offence
               ?
               Gentlemen
               ,
               The
               Prisoner
               at
               the
               Bar
               is
               accused
               of
               this
               Offence
               ,
               and
               now
               to
               be
               Tried
               by
               you
               :
               but
               ,
               before
               we
               enter
               upon
               the
               Evidence
               ,
               I
               must
               ,
               with
               the
               leave
               of
               the
               Court
               ,
               inform
               you
               ;
               That
               ,
               though
               the
               Indictment
               contains
               many
               Circumstances
               and
               Gradations
               ,
               in
               the
               Treason
               ;
               yet
               the
               Imagining
               ,
               and
               Compassing
               the
               Death
               of
               our
               late
               Sovereign
               ,
               is
               the
               Treason
               ,
               to
               which
               we
               shall
               apply
               our
               Evidence
               :
               this
               being
               ,
               both
               by
               the
               Common-Law
               ,
               and
               by
               the
               Statute
               of
               the
               25th
               of
               
                 Edward
                 the
                 3d.
              
               the
               Principal
               Treason
               to
               be
               enquired
               of
               .
               And
               the
               other
               Circumstances
               in
               the
               Indictment
               are
               but
               so
               many
               matters
               to
               prove
               the
               Overt-Act
               .
               The
               Consultations
               ,
               the
               Assuming
               Power
               to
               Try
               ,
               and
               Condemn
               the
               King.
               The
               Assault
               upon
               him
               ,
               and
               the
               Fatal
               Blow
               ,
               that
               was
               given
               him
               ,
               are
               but
               so
               many
               Demonstrations
               ,
               and
               open
               Acts
               ,
               proving
               the
               first
               Treasonable
               Design
               of
               the
               Heart
               .
            
             
               It
               will
               be
               enough
               for
               you
               ,
               and
               so
               my
               Lords
               will
               tell
               you
               ;
               if
               we
               prove
               the
               Treason
               it self
               ,
               which
               is
               the
               Compassing
               ,
               and
               Imagining
               the
               Death
               of
               the
               King
               :
               though
               we
               fail
               in
               some
               of
               the
               Circumstances
               laid
               in
               the
               Indictment
               .
               I
               do
               not
               speak
               this
               ,
               as
               if
               we
               should
               fail
               in
               any
               :
               but
               it
               is
               not
               necessary
               to
               prove
               them
               all
               ,
               if
               we
               prove
               any
               ,
               you
               are
               to
               find
               the
               Prisoner
               Guilty
               .
               I
               am
               not
               willing
               to
               hold
               your
               Lordships
               too
               long
               in
               the
               Porch
               ;
               but
               desire
               to
               descend
               into
               the
               Body
               of
               the
               Business
               :
               and
               so
               we
               shall
               call
               our
               Witnesses
               ,
               and
               doubt
               not
               ,
               but
               to
               prove
               ,
               that
               this
               Man
               at
               the
               Bar
               was
               the
               first
               ,
               and
               not
               the
               least
               of
               these
               Offendours
               .
            
          
           
             Mr.
             
               George
               Masterson
            
             was
             called
             .
          
           
             
               Mr.
               Harrison
               .
            
             
               When
               I
               was
               before
               your
               Lordships
               yesterday
               ,
               I
               
               offered
               something
               very
               material
               ,
               in
               reference
               to
               the
               Jurisdiction
               of
               the
               Court
               ;
               but
               you
               told
               me
               according
               to
               the
               Rule
               ,
               I
               must
               Plead
               Guilty
               ,
               or
               
                 Not
                 Guilty
              
               ;
               and
               what
               I
               had
               to
               offer
               should
               be
               heard
               in
               its
               proper
               place
               .
               I
               now
               desire
               to
               know
               ,
               whether
               it
               be
               proper
               now
               to
               deliver
               my self
               ,
               before
               you
               proceed
               to
               the
               calling
               of
               Witnesses
               :
               for
               I
               would
               go
               the
               best
               way
               ,
               and
               would
               not
               willingly
               displease
               you
               .
            
          
           
             
               Lord
               
                 Chief
                 Baron
              
               .
            
             
               What
               was
               promised
               you
               yesterday
               ,
               God
               forbid
               but
               you
               should
               have
               it
               .
               But
               I
               think
               it
               will
               be
               best
               for
               you
               to
               hear
               the
               Evidence
               ;
               and
               then
               what
               you
               have
               to
               say
               ,
               you
               shall
               be
               fully
               heard
               .
            
          
           
             
               Mr.
               Harrison
               .
            
             
               I
               am
               content
               .
            
             
               Whereupon
               George
               Masterson
               ,
               Stephen
               Kirk
               ,
               Francis
               Hearn
               ,
               William
               Clark
               ,
               Robert
               Coitmore
               ,
               and
               James
               Nutley
               ,
               
                 were
                 called
                 ,
                 and
                 sworn
              
               .
            
          
           
             
               Councel
               .
            
             
               Mr.
               Masterson
               ,
               Whether
               did
               the
               Prisoner
               at
               the
               Bar
               sit
               in
               that
               which
               they
               called
               the
               
                 High
                 Court
                 of
                 Justice
              
               ,
               to
               sentence
               the
               King
               ,
               or
               no
               ?
               Pray
               ,
               tell
               my
               Lords
               ,
               and
               the
               Jury
               thereof
               ,
               and
               what
               else
               you
               know
               of
               the
               matter
               .
            
          
           
             
               Mr.
               Masterson
               .
            
             
               Upon
               the
               Oath
               I
               have
               taken
               (
               my
               Lords
               ,
               and
               Gentlemen
               of
               the
               Jury
               )
               I
               saw
               the
               Prisoner
               ,
               
                 Th.
                 Harrison
              
               ,
               sit
               in
               that
               ,
               which
               they
               called
               
                 The
                 High
                 Court
                 of
                 Justice
              
               ,
               upon
               the
               27th
               day
               of
               January
               ,
               in
               the
               year
               1648.
               to
               sentence
               the
               King.
               
            
          
           
             
               Councel
               .
            
             
               Was
               it
               the
               day
               the
               Sentence
               was
               passed
               against
               the
               King
               ?
            
          
           
             
               Mr.
               Masterson
               .
            
             
               It
               was
               the
               day
               of
               the
               Sentence
               ,
               the
               27th
               .
               of
               Jan.
               1648.
               
            
          
           
             
               Councel
               .
            
             
               Can
               you
               say
               any
               thing
               else
               ?
            
          
           
             
               Mr.
               Masterson
               .
            
             
               I
               do
               (
               Sir
               )
               further
               remember
               ,
               that
               ,
               when
               the
               Clerk
               of
               the
               Court
               (
               as
               he
               was
               called
               )
               read
               the
               Sentence
               against
               the
               King
               ,
               and
               said
               ,
               It
               was
               the
               sentence
               of
               the
               whole
               Court
               ;
               I
               saw
               the
               Prisoner
               at
               the
               Bar
               ,
               together
               with
               others
               ,
               stand
               up
               ,
               to
               my
               apprehension
               ,
               as
               Assenting
               to
               it
               .
            
          
           
             
               Councel
               .
            
             
               Was
               there
               not
               direction
               ,
               that
               all
               should
               stand
               up
               ,
               as
               Assenting
               ?
            
          
           
             
               Mr.
               Masterson
               .
            
             
               I
               do
               not
               know
               that
               ;
               but
               ,
               when
               the
               Sentence
               was
               read
               ,
               several
               of
               them
               did
               stand
               up
               ,
               and
               he
               among
               
               the
               rest
               ,
               as
               Assenting
               to
               the
               Sentence
               ;
               as
               the
               Spectatours
               understood
               .
            
          
           
             
               Councel
               .
            
             
               Mr.
               Clark.
               What
               do
               you
               say
               to
               the
               same
               Question
               ?
            
          
           
             
               Mr.
               Clark.
               
            
             
               My
               Lords
               ,
               and
               Gentlemen
               of
               the
               Jury
               ,
               I
               remember
               I
               saw
               the
               Prisoner
               at
               the
               Bar
               sit
               several
               times
               in
               the
               
                 Court
                 of
                 Justice
              
               ,
               as
               they
               called
               it
               :
               particularly
               on
               the
               23d
               .
               and
               27th
               .
               of
               January
               ,
               1648.
               as
               I
               took
               notice
               of
               it
               in
               a
               Book
               .
            
          
           
             
               Councel
               .
            
             
               Was
               that
               the
               day
               of
               the
               Sentence
               ?
            
          
           
             
               Mr.
               Clark.
               
            
             
               Yes
               ,
               my
               Lord.
               
            
          
           
             
               Coun.
               
            
             
               What
               say
               you
               to
               that
               of
               the
               rising
               of
               those
               persons
               in
               the
               Court
               ?
            
          
           
             
               Mr.
               Clark.
               
            
             
               I
               remember
               they
               all
               rose
               ;
               but
               I
               did
               not
               take
               particular
               notice
               then
               of
               the
               Prisoner
               .
            
          
           
             
               Councel
               .
            
             
               Mr.
               Kirk
               ,
               You
               hear
               the
               Question
               .
               Did
               you
               see
               the
               Prisoner
               at
               the
               Bar
               ,
               in
               Westminster-Hall
               ,
               sitting
               upon
               the
               Bench
               in
               that
               ,
               which
               they
               called
               the
               
                 High
                 Court
                 of
                 Justice
              
               ,
               when
               the
               King
               stood
               Prisoner
               at
               the
               Bar
               there
               ?
            
          
           
             
               Mr.
               Kirk
               .
            
             
               My
               Lord
               ,
               I
               did
               see
               the
               Prisoner
               at
               the
               Bar
               sit
               several
               days
               in
               that
               ,
               which
               they
               called
               the
               
                 High
                 Court
                 of
                 Justice
              
               .
               I
               was
               there
               every
               day
               of
               their
               sitting
               .
            
          
           
             
               Councel
               .
            
             
               Do
               you
               remember
               he
               was
               there
               on
               the
               27th
               of
               
                 Jan.
                 1648
              
               ?
            
          
           
             
               Mr.
               Kirk
               .
            
             
               I
               do
               ,
               Sir.
               
            
          
           
             
               Councel
               .
            
             
               Tell
               the
               Jury
               what
               was
               the
               Work
               there
               .
            
          
           
             
               Mr.
               Kirk
               .
            
             
               It
               was
               Sentence
               .
               I
               did
               take
               the
               Names
               of
               all
               those
               Gentlemen
               ,
               that
               did
               appear
               in
               the
               Court
               on
               that
               day
               ,
               the
               27th
               of
               Jan.
               1648.
               and
               amongst
               the
               rest
               ,
               I
               took
               a
               Note
               of
               that
               Gentleman's
               Name
               ,
               as
               being
               present
               .
            
          
           
             
               Councel
               .
            
             
               Whereas
               these
               Gentlemen
               (
               Mr.
               Masterson
               ,
               and
               Mr.
               Clark
               )
               have
               declared
               ;
               that
               ,
               as
               Assenting
               to
               the
               Sentence
               ▪
               they
               all
               stood
               up
               :
               Did
               you
               see
               them
               stand
               ?
               And
               whether
               by
               Direction
               ,
               or
               no
               ?
            
          
           
             
               Mr.
               Kirk
               .
            
             
               As
               for
               the
               Direction
               ,
               I
               know
               nothing
               of
               it
               ?
               but
               the
               Members
               then
               present
               in
               the
               Court
               (
               after
               Sentence
               was
               read
               )
               as
               far
               as
               my
               Eyes
               could
               perceive
               ,
               stood
               up
               unanimously
               ;
               I
               suppose
               ,
               as
               Assenting
               to
               the
               Sentence
               .
            
          
           
             
             
               Court.
               
            
             
               Mr.
               Nutley
               ,
               Did
               you
               know
               the
               Prisoner
               at
               the
               Bar
               ?
               Have
               you
               seen
               him
               sit
               in
               Westminster-Hall
               at
               any
               time
               upon
               the
               Bench
               ,
               when
               the
               King
               was
               brought
               as
               a
               Prisoner
               to
               the
               Bar
               ?
            
          
           
             
               Mr.
               Nutley
               .
            
             
               My
               Lords
               ,
               and
               Gentlemen
               of
               the
               Jury
               ,
               I
               saw
               the
               Prisoner
               at
               the
               Bar
               several
               days
               sit
               there
               ,
               amongst
               the
               rest
               of
               the
               Judges
               ,
               as
               a
               Judge
               ,
               I
               suppose
               .
               To
               the
               best
               of
               my
               remembrance
               ,
               he
               sate
               there
               four
               days
               together
               .
            
          
           
             
               Court.
               
            
             
               Was
               he
               there
               upon
               the
               day
               of
               the
               Sentence
               ?
            
          
           
             
               Mr.
               Nutley
               .
            
             
               I
               did
               take
               Notes
               ,
               
                 My
                 Lord
              
               ,
               that
               day
               in
               the
               Court
               ,
               and
               I
               find
               he
               did
               sit
               that
               day
               .
            
          
           
             
               Court.
               
            
             
               Do
               you
               know
               any
               thing
               more
               of
               the
               Prisoner
               at
               the
               Bar
               ?
            
          
           
             
               Mr.
               Nutley
               .
            
             
               Thus
               much
               I
               know
               concerning
               the
               Prisoner
               at
               the
               Bar
               ,
               my
               Lord.
               The
               first
               day
               that
               they
               sate
               in
               publick
               ,
               was
               (
               as
               I
               remember
               )
               the
               20th
               .
               of
               Jan.
               1648.
               
               Some
               few
               days
               afore
               that
               ,
               there
               was
               a
               Committee
               ,
               that
               sate
               in
               the
               Exchequer-Chamber
               ,
               and
               of
               that
               Committee
               the
               Prisoner
               at
               the
               Bar
               was
               one
               of
               the
               Members
               .
               I
               do
               remember
               well
               ,
               it
               was
               in
               the
               Evening
               ,
               they
               were
               lighting
               of
               Candles
               ;
               they
               were
               somewhat
               private
               .
               This
               Gentleman
               was
               there
               ,
               I
               saw
               him
               :
               for
               through
               the
               kindness
               of
               Mr.
               Phelps
               ,
               who
               was
               then
               Clerk
               to
               that
               Committee
               ,
               I
               was
               admitted
               ,
               pretending
               first
               to
               speak
               with
               the
               said
               Mr.
               Phelps
               ,
               and
               that
               I
               had
               some
               Business
               with
               him
               ,
               and
               so
               (
               as
               I
               said
               before
               )
               I
               was
               admitted
               into
               the
               Committee-Chamber
               .
               Being
               there
               ,
               I
               did
               observe
               some
               Passages
               fall
               from
               the
               Prisoner
               at
               the
               Bar
               ;
               the
               words
               were
               to
               this
               purpose
               .
               He
               was
               making
               a
               Narrative
               of
               some
               Discourses
               ,
               that
               passed
               between
               his
               late
               Majesty
               and
               himself
               ,
               in
               coming
               between
               Windsor
               and
               London
               ,
               or
               Hurst-Castle
               ,
               I
               know
               not
               well
               whether
               .
               
                 My
                 Lord
              
               that
               Passage
               ,
               that
               I
               observed
               to
               fall
               from
               him
               in
               that
               Discourse
               ,
               was
               this
               .
               He
               said
               ,
               That
               the
               King
               ,
               as
               He
               sate
               in
               the
               Coach
               with
               him
               ,
               was
               importunate
               to
               know
               what
               they
               intended
               to
               do
               with
               Him.
               
            
          
           
             
               Mr.
               Harrison
               .
            
             
               In
               the
               Coach
               was
               it
               ?
            
          
           
             
               Mr.
               Nutley
               .
            
             
               Yea
               ,
               Sir
               ,
               it
               was
               in
               the
               Coach.
               He
               told
               the
               rest
               of
               the
               company
               (
               as
               I
               said
               before
               )
               that
               the
               King
               asked
               ,
               
                 What
                 do
                 they
                 intend
                 to
                 do
                 with
                 me
                 ?
                 Whether
                 to
                 murther
                 me
                 ,
                 or
                 no
                 ?
              
               
               And
               I
               said
               to
               Him
               ,
               
                 There
                 was
                 no
                 such
                 intention
                 ,
                 as
                 to
                 kill
                 Him
                 we
                 have
                 no
                 such
                 thoughts
                 .
                 But
              
               (
               saith
               He
               )
               
                 the
                 Lord
                 hath
                 reserved
                 you
                 for
                 a
                 publick
                 Example
                 of
                 Justice
                 .
              
               There
               is
               one
               word
               more
               ,
               
                 My
                 Lords
              
               ;
               and
               that
               is
               this
               ,
               which
               I
               heard
               from
               this
               Prisoner
               at
               the
               Bar
               ;
               That
               the
               reason
               ,
               and
               end
               of
               their
               Meeting
               together
               ,
               at
               that
               Committee
               ,
               was
               
                 concerning
                 the
                 Charge
              
               .
               So
               much
               I
               observed
               .
               It
               was
               concerning
               the
               Contracting
               of
               the
               Impeachment
               .
               I
               observed
               ,
               that
               some
               found
               fault
               with
               the
               length
               of
               that
               ,
               as
               it
               was
               drawn
               .
               They
               were
               offering
               some
               reasons
               to
               Contract
               it
               ,
               and
               I
               heard
               this
               Prisoner
               at
               the
               Bar
               vent
               this
               expression
               ,
               
                 Gentlemen
                 ,
                 It
                 will
                 be
                 good
                 for
                 us
                 to
              
               blacken
               
                 Him
                 ,
                 what
                 we
                 can
                 ;
                 Pray
                 ,
                 let
                 us
              
               blacken
               Him
               :
               or
               words
               to
               that
               Purpose
               ▪
               I
               am
               sure
               Blacken
               was
               his
               word
               .
            
          
           
             
               Mr.
               Wyndham
               .
            
             
               Mr.
               Nutley
               ,
               you
               speak
               of
               an
               Impeachment
               .
               Against
               whom
               was
               that
               Impeachment
               ?
            
          
           
             
               Mr.
               Nutley
               .
            
             
               It
               was
               against
               His
               late
               Majesty
               ,
               the
               King.
               
            
          
           
             
               Councel
               .
            
             
               And
               it
               was
               to
               draw
               up
               that
               Impeachment
               so
               ,
               as
               to
               Blacken
               Him.
               Was
               it
               so
               ?
            
          
           
             
               Mr.
               Nutley
               .
            
             
               Yes
               ,
               Sir.
               
            
             
               Mr.
               Coytmore
               sworn
               .
            
          
           
             
               Mr.
               Wyndham
               .
            
             
               Did
               you
               see
               the
               Prisoner
               at
               the
               Bar
               sitting
               in
               that
               ,
               which
               they
               called
               the
               
                 High-Court
                 of
                 Justice
              
               ,
               on
               the
               Day
               ,
               when
               the
               King
               was
               Sentenced
               ,
               or
               at
               any
               other
               time
               ?
               Pray
               tell
               my
               Lords
               ,
               and
               the
               Jury
               .
            
          
           
             
               Mr.
               Coytmore
               .
            
             
               My
               Lords
               ,
               and
               Gentlemen
               of
               the
               Jury
               ,
               I
               was
               in
               that
               ,
               which
               they
               called
               the
               
                 High-Court
                 of
                 Justice
              
               ,
               three
               ,
               or
               four
               times
               .
               I
               saw
               this
               Gentleman
               either
               once
               ,
               or
               twice
               ,
               sitting
               there
               .
            
          
           
             
               Councel
               .
            
             
               Do
               you
               know
               any
               thing
               more
               ?
            
          
           
             
               Coytmore
               .
            
             
               No
               ,
               really
               .
               I
               came
               onely
               to
               hear
               ,
               and
               see
               ,
               what
               they
               were
               doing
               ,
               and
               I
               did
               there
               see
               him
               ,
               I
               think
               ,
               several
               Days
               :
               I
               am
               sure
               ,
               once
               .
            
          
           
             
               Councel
               .
            
             
               Did
               you
               see
               him
               on
               the
               seven
               and
               twentieth
               of
               January
               1648.
               sitting
               there
               ,
               which
               was
               the
               Day
               of
               the
               
                 Sentence
                 ▪
              
            
          
           
             
               Coytmore
               .
            
             
               I
               cannot
               call
               that
               to
               Memory
               .
            
          
           
             
               Councel
               .
            
             
               Do
               you
               know
               of
               any
               Expressions
               ,
               that
               the
               King
               should
               be
               an
               Example
               of
               Judgment
               ?
            
          
           
             
               Coytmore
               .
            
             
               No
               ,
               my
               Lords
               .
            
          
           
             
             
               Mr.
               Windham
               .
            
             
               My
               Lord
               ,
               in
               the
               next
               place
               ,
               We
               shall
               shew
               that
               Instrument
               ,
               that
               was
               made
               under
               the
               Hand
               ,
               and
               Seal
               ,
               of
               the
               Prisoner
               at
               the
               Bar
               ,
               as
               well
               as
               others
               ,
               for
               Execution
               of
               the
               King
               :
               that
               
                 Bloody
                 Warrant
              
               .
               But
               first
               we
               will
               ask
               this
               Witness
               another
               Question
               .
            
          
           
             
               Councel
               .
            
             
               Did
               you
               see
               the
               Prisoner
               at
               the
               Bar
               sit
               on
               the
               Bench
               ,
               as
               an
               ordinary
               Spectatour
               ;
               or
               as
               one
               of
               the
               Judges
               ?
            
          
           
             
               Coytmore
               .
            
             
               He
               was
               in
               the
               Court
               ,
               sitting
               amongst
               the
               rest
               of
               the
               Judges
               ,
               as
               one
               of
               them
               .
            
          
           
             
               Mr.
               Solicitour
               .
            
             
               My
               Lords
               ,
               we
               will
               prove
               ,
               that
               this
               Prisoner
               at
               the
               Bar
               was
               one
               of
               them
               ,
               that
               took
               upon
               him
               the
               Conducting
               of
               the
               King
               ,
               and
               that
               the
               King
               was
               in
               his
               Custody
               ;
               and
               to
               the
               
                 High-Court
                 of
                 Justice
              
               also
               .
            
          
           
             The
             Lord
             Newburgh
             sworn
             .
          
           
             
               Councel
               ,
            
             
               Pray
               ,
               my
               Lord
               ,
               give
               your self
               the
               Trouble
               ,
               to
               raise
               your
               Voice
               ,
               and
               to
               tell
               my
               Lords
               ,
               and
               the
               Jury
               ,
               what
               you
               know
               of
               the
               Prisoner
               at
               the
               Bar
               ;
               the
               part
               ,
               that
               he
               acted
               in
               bringing
               up
               the
               King.
               
            
          
           
             
               Lord
               Newburgh
               .
            
             
               I
               was
               then
               living
               at
               his
               Majestie
               's
               Lodg
               at
               Bagshot
               ,
               when
               the
               Prisoner
               at
               the
               Bar
               brought
               the
               King
               from
               Hurst-Castle
               to
               London
               .
               He
               was
               the
               Person
               ,
               that
               commanded
               the
               whole
               Party
               :
               and
               when
               the
               King
               by
               the
               way
               went
               to
               Dinner
               ,
               by
               his
               Order
               there
               were
               Centries
               set
               at
               every
               Door
               where
               He
               was
               .
               When
               the
               King
               had
               Dined
               ,
               he
               carryed
               him
               to
               Windsor
               ,
               and
               appointed
               several
               of
               his
               Officers
               to
               ride
               close
               to
               the
               King
               ,
               as
               He
               was
               riding
               ,
               lest
               He
               should
               make
               His
               escape
               from
               them
               .
            
          
           
             
               Councel
               ,
            
             
               That
               was
               an
               Imprisonment
               it self
               ,
               and
               so
               a
               Treason
               .
            
          
           
             
               Mr.
               Windham
               .
            
             
               My
               Lords
               ,
               we
               shall
               now
               produce
               to
               you
               two
               Instruments
               ,
               which
               were
               made
               ,
               the
               one
               for
               Convening
               ,
               and
               Summoning
               the
               Assembling
               of
               that
               ,
               which
               they
               called
               the
               
                 High-Court
                 of
                 Justice
              
               ,
               and
               shew
               this
               Prisoner's
               Hand
               ,
               and
               Seal
               ,
               to
               that
               .
               And
               then
               shew
               you
               likewise
               that
               ,
               which
               was
               the
               Consummating
               of
               all
               ,
               that
               
                 Bloody
                 Warrant
              
               for
               Execution
               of
               His
               late
               Majesty
               of
               blessed
               Memory
               ,
               with
               the
               Hand
               ,
               and
               Seal
               ,
               of
               the
               Prisoner
               at
               the
               Bar
               unto
               it
               ,
               amongst
               others
               .
            
          
           
             
               Mr.
               Sollicitour
               .
            
             
               My
               Lords
               ,
               it
               will
               be
               fit
               before
               this
               to
               give
               you
               an
               account
               ,
               how
               we
               came
               by
               these
               Instruments
               .
            
          
           
           
             Mr.
             J●ssop
             sworn
             .
          
           
             
               Councel
               .
            
             
               Shew
               to
               Mr.
               Jessop
               the
               Warrant
               for
               summoning
               that
               Court.
               
            
          
           
             
               Mr.
               Sollicitour
               .
            
             
               Mr.
               Jessop
               ,
               pray
               tell
               my
               Lords
               ,
               and
               the
               Jury
               ,
               how
               you
               came
               by
               that
               Instrument
               you
               have
               in
               your
               Hand
               .
            
          
           
             
               Mr.
               Jessop
               .
            
             
               May
               it
               please
               your
               Lordships
               ,
               I
               ,
               having
               the
               Honour
               to
               attend
               the
               
                 House
                 of
                 Commons
              
               ,
               the
               House
               was
               pleased
               to
               make
               an
               Order
               ,
               that
               Mr.
               Scobel
               should
               deliver
               into
               my
               hands
               all
               such
               Books
               ,
               and
               
                 Records
                 ,
                 Papers
              
               ,
               and
               other
               things
               ,
               as
               did
               belong
               to
               the
               
                 House
                 of
                 Commons
                 ,
              
               :
               and
               ,
               in
               pursuance
               of
               that
               Order
               ,
               I
               did
               receive
               ,
               amongst
               other
               things
               ,
               this
               Instrument
               ,
               as
               a
               thing
               ,
               that
               had
               been
               formerly
               in
               his
               hands
               ,
               as
               Clerk
               of
               the
               
                 House
                 of
                 Commons
              
               .
            
          
           
             
               Mr.
               Sollicitour
               .
            
             
               We
               desire
               it
               may
               be
               read
               ,
               my
               Lords
               .
            
          
           
             
               Court.
               
            
             
               Pray
               first
               ,
               prove
               his
               Hand
               .
            
          
           
             
               Mr.
               Harrison
               .
            
             
               I
               desire
               to
               know
               what
               is
               offered
               to
               be
               Read.
               
            
          
           
             
               Court.
               
            
             
               It
               is
               a
               Warrant
               that
               you
               Sealed
               ,
               amongst
               other
               pretended
               Judges
               of
               your
               
                 Hight
                 Court
                 of
                 Justice
              
               (
               as
               you
               called
               it
               )
               for
               Trial
               of
               the
               King
               ,
               for
               Summoning
               that
               Court.
               
            
          
           
             
               Councel
               .
            
             
               Mr.
               Kirk
               ,
               Have
               you
               seen
               the
               Hand-writing
               of
               the
               Prisoner
               at
               any
               time
               ?
            
          
           
             
               Mr.
               Kirk
               .
            
             
               I
               have
               very
               often
               seen
               it
               ,
               and
               am
               well
               acquainted
               with
               it
               ;
               and
               ,
               so
               far
               as
               it
               's
               possible
               a
               man
               can
               Testifie
               touching
               the
               Hand
               of
               another
               Person
               ,
               I
               do
               verily
               believe
               this
               to
               be
               his
               Hand
               .
            
          
           
             
               Councel
               .
            
             
               How
               came
               you
               to
               be
               acquainted
               with
               his
               Hand
               ?
            
          
           
             
               Mr.
               Kirk
               .
            
             
               As
               he
               was
               a
               Member
               of
               the
               
                 House
                 of
                 Commons
              
               ,
               and
               my
               Imployment
               having
               relation
               thereto
               ,
               I
               have
               seen
               him
               set
               his
               Hand
               several
               times
               .
            
          
           
             Mr.
             Farrington
             Sworn
             .
          
           
             
               Councel
               .
            
             
               Do
               you
               believe
               that
               this
               is
               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
               Terrours
               of
               that
               Presence
               of
               God
               ,
               that
               was
               with
               his
               Servants
               in
               those
               days
               :
               (
               However
               it
               seemeth
               good
               to
               him
               ,
               to
               suffer
               this
               Turn
               to
               come
               on
               us
               )
               and
               are
               Witnesses
               ,
               that
               the
               things
               were
               not
               done
               in
               a
               Corner
               .
               I
               have
               
               desired
               ,
               as
               in
               the
               sight
               of
               him
               ,
               that
               searcheth
               all
               hearts
               ,
               whilest
               this
               hath
               been
               done
               ,
               to
               wait
               ,
               and
               receive
               from
               him
               Convictions
               upon
               my
               own
               Conscience
               ,
               though
               I
               have
               sought
               it
               with
               Tears
               many
               a
               time
               ,
               and
               Prayers
               ,
               over
               and
               over
               ,
               to
               that
               God
               ,
               to
               whom
               you
               ,
               and
               all
               Nations
               ,
               are
               less
               than
               a
               Drop
               of
               water
               of
               the
               Bucket
               :
               and
               to
               this
               moment
               ,
               I
               have
               received
               rather
               Assurance
               of
               it
               ,
               and
               that
               the
               things
               that
               have
               been
               done
               ,
               as
               astonishing
               on
               one
               hand
               ;
               I
               do
               believe
               ,
               e're
               it
               be
               long
               ,
               it
               will
               be
               made
               known
               from
               Heaven
               ;
               There
               was
               more
               from
               God
               ,
               than
               men
               are
               aware
               of
               .
               I
               do
               profess
               ,
               that
               I
               would
               not
               offer
               ,
               of
               my self
               ,
               the
               least
               Injury
               to
               the
               poorest
               Man
               or
               Woman
               that
               goes
               upon
               the
               Earth
               .
               That
               I
               have
               humbly
               to
               offer
               is
               this
               to
               your
               Lordships
               ;
               You
               know
               what
               a
               Contest
               hath
               been
               in
               these
               Nations
               for
               many
               years
               .
               Divers
               of
               those
               that
               sit
               upon
               the
               Bench
               ,
               were
               formerly
               as
               Active
               —
            
          
           
             
               Court.
               
            
             
               Pray
               Mr.
               Harrison
               ,
               do
               not
               thus
               Reflect
               on
               the
               Court.
               This
               is
               not
               to
               the
               Business
               .
            
          
           
             
               Mr.
               Harrison
               .
            
             
               I
               followed
               not
               my
               own
               Judgment
               .
               I
               did
               what
               I
               did
               ,
               as
               out
               of
               Conscience
               to
               the
               Lord.
               For
               when
               I
               found
               those
               that
               were
               as
               the
               Apple
               of
               mine
               Eye
               ,
               to
               turn
               aside
               ,
               I
               did
               loath
               them
               ,
               and
               suffered
               Imprisonment
               many
               years
               .
               Rather
               ,
               then
               to
               turn
               ,
               as
               many
               did
               ,
               that
               did
               put
               their
               Hands
               to
               this
               Plough
               :
               I
               chose
               rather
               to
               be
               separated
               from
               Wife
               ,
               and
               Family
               ,
               than
               to
               have
               Compliance
               with
               them
               :
               though
               it
               was
               said
               ,
               
                 Sit
                 at
                 my
                 Right
                 Hand
              
               ,
               and
               such
               kind
               of
               Expressions
               .
               Thus
               I
               have
               given
               a
               little
               poor
               Testimony
               ,
               that
               I
               have
               not
               been
               doing
               things
               in
               a
               Corner
               ,
               or
               from
               my self
               .
               May
               be
               ,
               I
               might
               be
               a
               little
               mistaken
               :
               but
               I
               did
               it
               all
               according
               to
               the
               best
               of
               my
               understanding
               ;
               desiring
               to
               make
               the
               Revealed
               Will
               of
               God
               in
               his
               
                 Holy
                 Scriptures
              
               ,
               as
               a
               guide
               to
               me
               .
               I
               humbly
               conceive
               ,
               That
               ,
               what
               was
               done
               ,
               was
               done
               in
               the
               name
               of
               the
               Parliament
               of
               England
               ,
               that
               what
               was
               done
               ,
               was
               done
               by
               their
               Power
               ,
               and
               Authority
               ,
               and
               I
               do
               humbly
               conceive
               ,
               it
               is
               my
               Duty
               to
               offer
               unto
               you
               in
               the
               beginning
               ,
               that
               this
               Court
               ,
               or
               any
               Court
               below
               the
               
                 High
                 Court
                 of
                 Parliament
              
               hath
               no
               Jurisdiction
               of
               their
               Actions
               .
               Here
               are
               many
               Learned
               in
               the
               Law
               ,
               and
               ,
               to
               shorten
               the
               Work
               ,
               I
               desire
               
               I
               may
               have
               the
               help
               of
               Councel
               Learned
               in
               the
               Laws
               ,
               that
               may
               in
               this
               matter
               give
               me
               a
               little
               assistance
               to
               offer
               those
               Grounds
               ,
               that
               the
               Law
               of
               the
               Land
               doth
               offer
               .
               I
               say
               what
               was
               done
               was
               done
               by
               the
               Authority
               of
               the
               Parliament
               ,
               which
               was
               then
               the
               Supreme
               Authority
               ,
               and
               that
               those
               ,
               that
               have
               Acted
               under
               them
               ,
               are
               not
               to
               be
               questioned
               by
               any
               Power
               less
               than
               them
               .
               And
               ,
               for
               that
               I
               conceive
               there
               is
               much
               out
               of
               the
               Laws
               to
               be
               shewed
               to
               you
               ,
               and
               many
               Presidents
               also
               in
               the
               Case
               .
               Much
               is
               to
               be
               offered
               to
               you
               in
               that
               ,
               according
               to
               the
               Laws
               of
               the
               Nations
               ,
               that
               was
               a
               due
               Parliament
               .
               Those
               Commissions
               were
               issued
               forth
               ,
               and
               what
               was
               done
               ,
               was
               done
               by
               their
               Power
               .
               And
               whereas
               it
               hath
               been
               said
               ,
               we
               did
               Assume
               ,
               and
               Usurp
               an
               Authority
               ;
               I
               say
               ,
               this
               was
               done
               rather
               in
               the
               Fear
               of
               the
               Lord.
               
            
          
           
             
               Court.
               
            
             
               Away
               with
               him
               .
               Know
               where
               you
               are
               ,
               Sir.
               You
               are
               in
               the
               Assembly
               of
               Christians
               .
               Will
               you
               make
               God
               the
               Author
               of
               your
               Treasons
               ,
               and
               Murthers
               ?
               Take
               heed
               ,
               where
               you
               are
               ▪
               Christians
               must
               not
               hear
               this
               .
               We
               will
               allow
               you
               ,
               to
               say
               for
               your
               own
               Defence
               what
               you
               can
               .
               And
               we
               have
               ,
               with
               a
               great
               deal
               of
               Patience
               ,
               suffered
               you
               to
               sally
               out
               :
               wherein
               you
               have
               not
               gone
               about
               so
               much
               for
               Extenuation
               of
               your
               Crimes
               ,
               as
               to
               Justifie
               them
               ,
               to
               fall
               upon
               others
               ,
               and
               to
               Blaspheme
               God
               ,
               and
               commit
               a
               new
               Treason
               .
               For
               your
               having
               of
               Councel
               ;
               This
               is
               the
               reason
               for
               allowing
               of
               Councel
               ;
               when
               a
               man
               would
               Plead
               any
               thing
               ,
               because
               he
               would
               Plead
               it
               in
               
                 Formality
                 ,
                 Councel
              
               is
               allowed
               .
               But
               you
               must
               first
               say
               in
               what
               the
               Matter
               shall
               be
               ,
               and
               then
               you
               shall
               have
               the
               
               Court's
               Answer
               .
            
          
           
             
               Lord
               Finch
               .
            
             
               Though
               my
               Lords
               here
               have
               been
               pleased
               to
               give
               you
               a
               great
               Latitude
               :
               this
               must
               not
               be
               suffered
               ;
               that
               you
               should
               run
               into
               these
               damnable
               Excursions
               ;
               to
               make
               God
               the
               Author
               of
               this
               damnable
               Treason
               Committed
               .
            
          
           
             
               Mr.
               Harrison
               .
            
             
               I
               have
               two
               things
               to
               offer
               to
               you
               ,
               to
               say
               for
               my
               Defence
               in
               Matter
               of
               Law.
               One
               is
               ;
               That
               this
               ,
               that
               hath
               been
               done
               ,
               was
               done
               by
               a
               Parliament
               of
               England
               ,
               by
               the
               Commons
               of
               England
               assembled
               in
               Parliament
               :
               and
               that
               being
               so
               ,
               whatever
               was
               done
               by
               their
               Commands
               ;
               or
               their
               Authority
               ,
               is
               
               not
               questionable
               by
               your
               Lordships
               ;
               as
               being
               (
               as
               I
               humbly
               conceive
               )
               a
               Power
               Inferiour
               to
               that
               of
               an
               
                 High
                 Court
              
               of
               Parliament
               .
               That
               's
               one
               .
               A
               second
               is
               this
               ;
               That
               what
               therefore
               any
               did
               in
               obedience
               to
               that
               Power
               ,
               and
               Authority
               ,
               they
               are
               not
               to
               be
               questioned
               for
               it
               ▪
               otherwise
               we
               are
               in
               a
               most
               miserable
               Condition
               ,
               bound
               to
               obey
               them
               ,
               that
               are
               in
               Authority
               ,
               and
               yet
               to
               be
               punished
               ,
               if
               obeyed
               .
               We
               are
               not
               to
               Judg
               ,
               what
               is
               lawful
               ,
               or
               what
               is
               unlawful
               .
               
                 My
                 Lords
              
               ,
               Upon
               these
               two
               Points
               I
               do
               desire
               ,
               that
               those
               ,
               that
               are
               Learned
               in
               the
               Laws
               ,
               may
               speak
               too
               ,
               on
               my
               behalf
               .
               It
               concerns
               all
               my
               Countreymen
               .
               There
               are
               Cases
               alike
               to
               this
               ,
               you
               know
               ,
               in
               King
               
                 Richard
                 the
              
               Second's
               Time
               ,
               wherein
               some
               Question
               had
               been
               of
               what
               had
               been
               done
               by
               a
               Parliament
               ;
               and
               what
               followed
               upon
               it
               ,
               I
               need
               not
               urge
               in
               it
               .
               I
               hope
               it
               will
               seem
               good
               to
               you
               ,
               that
               Councel
               may
               be
               assigned
               :
               for
               it
               concerns
               all
               my
               Countreymen
               .
            
          
           
             
               Councel
               .
            
             
               You
               are
               mistaken
               ,
               if
               you
               appeal
               to
               your
               Countreymen
               .
               They
               will
               cry
               you
               Out
               ,
               and
               shame
               you
               .
            
          
           
             
               Mr.
               Harrison
               .
            
             
               May
               be
               so
               ,
               
                 my
                 Lords
              
               ,
               some
               will
               :
               but
               I
               am
               sure
               others
               will
               not
               .
            
          
           
             
               Mr.
               Sollicitor
               Gen.
               
            
             
               These
               two
               Points
               ,
               
                 my
                 Lords
              
               ,
               are
               but
               one
               ,
               and
               they
               are
               a
               new
               Treason
               at
               the
               Bar
               :
               for
               which
               he
               deserves
               to
               dy
               ,
               if
               there
               were
               no
               other
               Indictment
               .
               It
               is
               the
               Malice
               of
               his
               heart
               to
               the
               Dignity
               ,
               and
               Crown
               of
               England
               .
               I
               say
               this
               is
               not
               matter
               ,
               for
               which
               Councel
               can
               be
               assigned
               .
               Councel
               cannot
               put
               into
               Form
               that
               ,
               which
               is
               not
               Matter
               Pleadable
               it self
               .
               It
               is
               so
               far
               from
               being
               true
               ,
               that
               this
               was
               the
               Act
               of
               the
               Supreme
               Parliament
               of
               the
               People
               of
               England
               ,
               that
               there
               was
               nothing
               received
               with
               more
               Heart-bleeding
               ,
               than
               this
               Bloody
               Business
               .
               But
               that
               the
               World
               may
               not
               be
               abused
               by
               the
               Insinuations
               of
               a
               man
               ,
               who
               acts
               ,
               as
               if
               he
               had
               a
               Spirit
               ,
               and
               in
               truth
               is
               possessed
               ,
               I
               will
               say
               ;
               That
               the
               Lords
               ,
               and
               Commons
               ,
               are
               not
               a
               Parliament
               :
               That
               the
               King
               ,
               and
               Lords
               ,
               cannot
               do
               any
               thing
               without
               the
               Commons
               ;
               Nor
               the
               King
               ,
               and
               Commons
               ,
               without
               the
               Lords
               ,
               Nor
               the
               Lords
               ,
               and
               Commons
               ,
               without
               the
               King
               ,
               especially
               against
               the
               King.
               If
               they
               do
               ,
               they
               must
               answer
               it
               with
               their
               Head
               :
               for
               the
               King
               is
               not
               accountable
               to
               any
               Coercive
               Power
               .
               And
               for
               the
               Prisoner
               to
               Justifie
               his
               Act
               ,
               as
               if
               it
               were
               the
               Act
               
               of
               the
               Commons
               of
               England
               ,
               he
               is
               very
               much
               to
               be
               reproved
               .
               Shall
               he
               pretend
               ,
               that
               one
               House
               ,
               nay
               the
               eighth
               part
               of
               a
               House
               (
               for
               so
               it
               was
               )
               can
               Condemn
               a
               King
               :
               when
               both
               Houses
               cannot
               condemn
               one
               man
               in
               spight
               of
               the
               King
               ?
               I
               desire
               ,
               
                 my
                 Lords
              
               ,
               it
               may
               pass
               with
               a
               due
               Reproach
               ,
               and
               a
               Sentence
               upon
               it
               .
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               It
               is
               true
               ,
               your
               Questions
               are
               but
               one
               Point
               .
               You
               pretend
               the
               
               Parliament's
               Authority
               ;
               and
               ,
               when
               you
               come
               to
               speak
               of
               it
               ,
               you
               say
               the
               Commons
               of
               England
               .
               They
               were
               but
               one
               House
               of
               Parliament
               .
               The
               Parliament
               ?
               what
               is
               that
               ?
               It
               is
               the
               King
               ,
               the
               Lords
               ,
               &
               the
               Commons
               .
               I
               would
               fain
               know
               of
               you
               ,
               where
               ever
               you
               read
               ,
               by
               the
               light
               you
               say
               you
               have
               in
               your
               Conscience
               ,
               that
               the
               Commons
               of
               England
               were
               a
               Parliament
               of
               England
               ,
               that
               the
               Commons
               in
               Parliament
               used
               a
               Legislative
               power
               alone
               .
               Do
               you
               call
               that
               a
               Parliament
               ,
               that
               sate
               ,
               when
               the
               House
               was
               Purged
               ,
               as
               they
               call
               it
               ,
               and
               was
               so
               much
               under
               the
               Awe
               of
               the
               Army
               ,
               who
               were
               then
               ,
               but
               forty
               ,
               or
               forty
               five
               at
               most
               ?
               Then
               you
               say
               ,
               It
               was
               done
               by
               Authority
               of
               them
               .
               You
               must
               know
               ,
               where
               there
               is
               such
               an
               Authority
               (
               which
               indeed
               is
               no
               Authority
               )
               he
               that
               confirms
               such
               an
               Authority
               ,
               he
               Commits
               a
               double
               offence
               ;
               therefore
               consider
               what
               your
               Plea
               is
               .
               If
               your
               Plea
               were
               doubtfull
               ,
               we
               should
               ,
               and
               ought
               ,
               and
               would
               ,
               our selves
               ,
               be
               of
               Councel
               for
               you
               .
               That
               ,
               which
               you
               speak
               concerning
               
                 Conviction
                 of
                 your
                 own
                 Conscience
              
               ,
               remember
               ,
               that
               it
               is
               said
               in
               Scripture
               ,
               that
               
                 they
                 shall
                 think
                 they
                 did
                 God
                 good
                 service
                 ,
                 when
                 they
                 slay
                 you
                 ,
              
               as
               it
               is
               in
               St.
               John.
               He
               hath
               a
               great
               deal
               of
               Charity
               ,
               that
               thinks
               that
               what
               you
               did
               was
               out
               of
               a
               Conscientious
               Principle
               .
               It
               was
               against
               the
               Light
               of
               noon-day
               ,
               and
               common
               practice
               .
               You
               make
               your self
               a
               Sollicitor
               in
               the
               Business
               .
               
                 Let
                 us
              
               blacken
               
                 him
                 ,
                 as
                 much
                 as
                 we
                 can
                 .
              
               I
               have
               not
               touched
               at
               all
               upon
               the
               Evidence
               .
               I
               will
               not
               urge
               it
               now
               .
               I
               say
               you
               justifie
               it
               upon
               
                 Convictions
                 of
                 Conscience
              
               ,
               and
               pretend
               it
               upon
               Authority
               .
               A
               thing
               never
               known
               ,
               or
               seen
               ,
               under
               the
               Sun
               ;
               that
               the
               Commons
               ,
               nay
               a
               few
               Commons
               alone
               ,
               should
               take
               upon
               them
               ,
               and
               call
               themselves
               the
               Parliament
               of
               England
               .
               We
               have
               been
               cheated
               enough
               by
               Names
               ,
               and
               Words
               :
               there
               is
               no
               colour
               for
               what
               you
               say
               .
               I
               do
               think
               ,
               and
               hope
               ,
               my
               Brethren
               will
               speak
               to
               this
               Case
               ,
               that
               none
               of
               us
               do
               own
               that
               Convention
               ,
               whatsoever
               
               it
               be
               ,
               to
               be
               the
               Parliament
               of
               England
               .
               There
               was
               another
               aggravation
               :
               at
               this
               Time
               ,
               that
               this
               Pretended
               Authority
               usurped
               that
               Power
               ;
               the
               Lords
               were
               then
               sitting
               .
               You
               had
               not
               taken
               this
               usurped
               Power
               to
               dissolve
               these
               Lords
               .
               No
               ;
               you
               did
               this
               Act
               in
               dispight
               of
               the
               Lords
               ,
               you
               had
               sent
               up
               an
               Ordinance
               to
               the
               Lords
               ,
               and
               they
               rejected
               it
               ,
               and
               thereupon
               these
               Members
               took
               it
               upon
               themselves
               .
               Amongst
               those
               there
               were
               some
               Negatives
               ,
               and
               those
               Members
               were
               under
               the
               Awe
               ,
               and
               Power
               of
               your
               Forces
               at
               that
               time
               .
               What
               you
               Plead
               ,
               the
               Court
               are
               of
               Opinion
               ,
               tends
               to
               the
               subversion
               of
               the
               Laws
               ;
               for
               you
               to
               usurp
               Power
               over
               the
               People
               without
               their
               Consents
               ,
               to
               call
               this
               the
               People
               ;
               We
               never
               knew
               the
               like
               before
               .
               But
               the
               Parliament
               of
               England
               was
               the
               
                 King
                 ,
                 Lords
              
               and
               Commons
               .
               For
               you
               to
               speak
               of
               this
               Power
               ,
               and
               Justifie
               this
               Power
               ,
               is
               an
               Aggravation
               adding
               one
               Sin
               ,
               and
               Treason
               ,
               to
               another
               .
               We
               shall
               tell
               you
               ,
               that
               neither
               
                 both
                 Houses
              
               of
               Parliament
               ,
               if
               they
               had
               been
               there
               ,
               not
               any
               
                 single
                 Person
                 ,
                 Community
              
               ,
               not
               the
               People
               ,
               either
               Collectively
               ,
               or
               Representatively
               ,
               had
               any
               colour
               to
               have
               any
               Coercive
               Power
               over
               their
               King.
               And
               this
               Plea
               ,
               which
               you
               have
               spoken
               of
               ,
               it
               ought
               to
               be
               over-ruled
               ,
               and
               not
               to
               stand
               good
               .
            
          
           
             
               Mr.
               Annesley
               .
            
             
               I
               do
               the
               more
               willingly
               speak
               to
               this
               Business
               ;
               because
               I
               was
               one
               of
               those
               ,
               that
               should
               have
               made
               up
               that
               Parliament
               ,
               that
               this
               Prisoner
               pretends
               to
               .
               I
               was
               one
               of
               that
               
                 Corrupt
                 Majority
              
               (
               as
               they
               called
               it
               )
               that
               were
               put
               out
               of
               the
               House
               .
               He
               cannot
               forget
               ,
               that
               at
               that
               time
               there
               were
               Guards
               upon
               both
               Houses
               of
               Parliament
               to
               attend
               them
               ,
               that
               were
               of
               their
               own
               appointment
               :
               and
               that
               those
               Guards
               were
               forcibly
               removed
               by
               the
               Prisoner
               at
               the
               Bar
               ,
               and
               his
               Fellows
               :
               and
               other
               Guards
               put
               there
               ,
               who
               instead
               of
               being
               a
               Defence
               unto
               them
               ,
               when
               those
               Commons
               stood
               at
               the
               Door
               ,
               were
               by
               them
               threatned
               .
               Yet
               the
               Lords
               ,
               and
               Commons
               of
               England
               in
               Parliament
               Assembled
               ,
               a
               full
               House
               of
               Commons
               ,
               did
               resolve
               ,
               notwithstanding
               what
               was
               aforesaid
               ;
               that
               the
               Treaty
               in
               the
               Isle
               of
               Wight
               was
               a
               
                 Ground
                 for
                 Peace
              
               .
               Afterwards
               the
               Major
               part
               of
               the
               House
               of
               Commons
               ,
               having
               resolved
               on
               this
               ,
               sent
               it
               up
               to
               the
               Lords
               :
               that
               very
               day
               when
               they
               were
               Adjourned
               ,
               there
               were
               Forces
               drawn
               down
               to
               the
               House
               of
               
                 Commons
                 Door
              
               ,
               and
               
               none
               suffered
               to
               come
               into
               the
               House
               ,
               but
               those
               ,
               that
               they
               pleased
               .
               All
               those
               ,
               that
               had
               a
               mind
               for
               Peace
               ,
               that
               minded
               their
               Duty
               ,
               and
               Trust
               ,
               and
               Allegiance
               to
               their
               King
               ,
               were
               seized
               on
               by
               this
               Gentleman
               ,
               and
               his
               Fellows
               .
               When
               this
               was
               done
               ,
               what
               did
               he
               ,
               and
               those
               Fellows
               do
               ?
               They
               sate
               ,
               and
               put
               a
               check
               upon
               all
               ,
               that
               should
               come
               in
               .
               None
               must
               come
               in
               ,
               but
               those
               ,
               that
               would
               renounce
               their
               Allegiance
               ,
               and
               Duty
               to
               their
               King
               ,
               and
               the
               People
               ,
               for
               whom
               they
               served
               ,
               and
               then
               declared
               against
               that
               Vote
               ,
               which
               had
               been
               passed
               upon
               Debate
               of
               twelve
               ,
               or
               fourteen
               hours
               ,
               and
               then
               to
               call
               this
               an
               House
               of
               Commons
               ,
               nay
               the
               
                 Supreme
                 Authority
                 of
                 the
                 Nation
              
               ,
               he
               knows
               is
               against
               the
               Laws
               of
               the
               Land.
               For
               the
               House
               of
               Commons
               alone
               cannot
               so
               much
               ,
               as
               give
               an
               Oath
               .
               It
               hath
               not
               power
               of
               Judicature
               of
               Life
               ,
               and
               Death
               :
               this
               he
               knows
               well
               to
               be
               according
               to
               the
               Laws
               of
               England
               .
               He
               knows
               ,
               that
               no
               Authority
               ,
               less
               then
               an
               
                 Act
                 of
                 Parliament
              
               ,
               can
               make
               a
               Law
               ,
               and
               he
               knows
               an
               
                 Act
                 of
                 Parliament
              
               must
               be
               passed
               by
               the
               
                 King
                 ,
                 Lords
              
               ,
               and
               Commons
               .
               I
               wonder
               much
               to
               hear
               a
               Justification
               in
               this
               kind
               by
               one
               ,
               that
               knows
               the
               Laws
               of
               England
               so
               well
               .
               There
               will
               none
               of
               the
               Court
               allow
               ,
               that
               that
               was
               a
               Parliament
               .
               The
               Majority
               of
               that
               House
               did
               all
               disavow
               it
               .
               These
               things
               have
               been
               already
               discoursed
               of
               :
               I
               shall
               onely
               say
               ,
               that
               he
               ,
               knowing
               the
               Laws
               so
               well
               ,
               I
               hope
               ,
               he
               shall
               suffer
               for
               trangression
               thereof
               .
            
          
           
             
               Mr.
               Hollis
               .
            
             
               You
               do
               very
               well
               know
               ,
               that
               this
               ,
               that
               you
               did
               ,
               this
               horrid
               ,
               detestable
               Act
               ,
               which
               you
               Committed
               ,
               could
               never
               be
               perfected
               by
               you
               ;
               till
               you
               had
               broken
               the
               Parliament
               .
               That
               House
               of
               Commons
               ,
               which
               you
               say
               gave
               you
               Authority
               ,
               you
               know
               ,
               what
               your self
               made
               of
               it
               ,
               when
               you
               pulled
               out
               the
               Speaker
               .
               Therefore
               do
               not
               make
               the
               Parliament
               to
               be
               the
               Author
               of
               your
               black
               Crimes
               .
               It
               was
               innocent
               of
               it
               .
               You
               know
               your self
               ,
               what
               Esteem
               you
               had
               of
               it
               ,
               when
               you
               broke
               ,
               and
               tore
               it
               in
               sunder
               ,
               when
               you
               scattered
               ,
               and
               made
               them
               hide
               themselves
               ,
               to
               preserve
               them
               from
               your
               Fury
               ,
               and
               Violence
               .
               Do
               not
               make
               the
               Parliament
               to
               be
               the
               Authour
               of
               your
               Crimes
               .
               The
               Parliament
               are
               the
               three
               Estates
               .
               It
               must
               not
               be
               admitted
               ,
               that
               one
               House
               ,
               part
               of
               the
               Parliament
               ,
               should
               be
               called
               the
               
                 Supreme
                 Authority
              
               .
               You
               know
               what
               that
               Rump
               ,
               that
               you
               left
               did
               ;
               what
               Laws
               they
               made
               .
               Did
               you
               go
               home
               
               to
               advise
               with
               your
               Countrey
               ,
               that
               chose
               you
               for
               that
               Place
               ?
               You
               know
               ,
               that
               no
               Act
               of
               Parliament
               is
               binding
               ;
               but
               what
               is
               Acted
               by
               
                 King
                 ,
                 Lords
              
               ,
               and
               Commons
               .
               And
               now
               ,
               as
               you
               would
               make
               God
               the
               Author
               of
               your
               Offence
               ,
               so
               likewise
               you
               would
               make
               the
               People
               guilty
               of
               your
               Opinion
               .
               But
               your
               Plea
               is
               over-ruled
               .
            
          
           
             To
             which
             the
             Court
             assented
             .
          
           
             
               Mr.
               Harrison
               .
            
             
               I
               was
               mistaken
               a
               little
               .
               Whereas
               it
               was
               said
               ,
               the
               Points
               were
               one
               :
               I
               do
               humhly
               conceive
               ,
               they
               were
               not
               so
               .
               I
               say
               what
               was
               done
               ,
               was
               done
               in
               Obedience
               to
               the
               Authority
               .
               If
               it
               were
               but
               an
               Order
               of
               the
               House
               of
               Commons
               ,
               thus
               under
               a
               Force
               ,
               yet
               
                 this
                 Court
              
               is
               not
               Judge
               of
               that
               Force
               .
               I
               say
               ,
               if
               it
               was
               done
               by
               one
               Estate
               of
               Parliament
               ,
               it
               is
               not
               to
               be
               questioned
               .
            
          
           
             
               Court.
               
            
             
               It
               was
               not
               done
               by
               one
               Estate
               .
               They
               were
               but
               a
               Part
               ;
               nay
               but
               an
               eighth
               Part.
               
            
          
           
             
               Denz
               .
               Hollis
               .
            
             
               It
               was
               not
               an
               House
               of
               Commons
               .
               They
               kept
               up
               a
               Company
               by
               the
               power
               of
               the
               Sword.
               Do
               not
               abuse
               the
               People
               in
               saying
               ,
               It
               was
               done
               by
               the
               
                 Supreme
                 Power
              
               .
            
          
           
             
               Councel
               .
            
             
               My
               Lord
               ;
               if
               it
               were
               an
               House
               of
               Commons
               ,
               neither
               House
               of
               Commons
               ,
               nor
               House
               of
               Lords
               ,
               nor
               House
               of
               Lords
               and
               Commons
               together
               :
               no
               Authority
               upon
               Earth
               can
               give
               Authority
               for
               Murthering
               the
               King.
               This
               ,
               that
               he
               alledgeth
               ,
               is
               Treason
               :
               my
               Lord
               ,
               this
               ,
               that
               is
               said
               ,
               is
               a
               clear
               Evidence
               of
               that
               ,
               which
               is
               charged
               :
               there
               is
               only
               this
               more
               in
               it
               ,
               he
               hath
               done
               it
               ,
               and
               ,
               if
               he
               were
               to
               do
               it
               again
               ,
               he
               would
               do
               it
               .
            
          
           
             
               Lord
               
                 Chief
                 Baron
              
               .
            
             
               It
               is
               clear
               as
               the
               Noon-day
               ,
               that
               this
               was
               not
               the
               House
               of
               Commons
               .
               Suppose
               it
               had
               been
               an
               House
               of
               Commons
               ,
               and
               full
               ,
               and
               suppose
               ,
               (
               which
               far
               be
               it
               from
               me
               to
               suppose
               )
               they
               should
               have
               agreed
               upon
               such
               a
               Murtherous
               Act
               :
               for
               the
               House
               of
               Commons
               to
               do
               such
               an
               Act
               ,
               it
               was
               void
               in
               it self
               ;
               nay
               ,
               any
               Authority
               ,
               without
               the
               House
               of
               Lords
               ,
               and
               King
               ,
               is
               void
               .
               You
               plead
               to
               the
               Jurisdiction
               of
               the
               Court
               ,
               
               whether
               we
               should
               Judge
               it
               ,
               or
               no.
               Yes
               ,
               I
               tell
               you
               ,
               and
               proper
               too
               .
               We
               shall
               not
               speak
               what
               Power
               we
               have
               .
               The
               Judges
               have
               Power
               ,
               after
               Laws
               are
               made
               ,
               to
               go
               upon
               the
               Interpretation
               of
               them
               .
               We
               are
               not
               to
               judge
               of
               those
               things
               ,
               that
               the
               Parliament
               do
               .
               But
               when
               the
               Parliament
               is
               purged
               (
               as
               you
               call
               it
               )
               for
               the
               Commons
               alone
               to
               Act
               ,
               for
               you
               to
               say
               ,
               that
               this
               is
               the
               
                 Authority
                 of
                 Parliament
              
               ,
               it
               is
               that
               ,
               which
               every
               man
               will
               say
               ,
               
                 Intrenches
                 highly
                 upon
                 his
                 Liberty
                 ,
                 and
                 Priviledge
                 :
              
               And
               what
               you
               have
               said
               to
               your
               Justification
               ,
               what
               doth
               it
               tend
               to
               ,
               but
               as
               much
               as
               this
               ,
               
                 I
                 did
                 it
                 ,
                 justifie
                 it
                 ,
                 and
                 would
                 do
                 it
                 again
                 :
              
               which
               is
               a
               new
               Treason
               .
               The
               greatest
               Right
               ,
               that
               ever
               the
               House
               of
               Commons
               did
               claim
               ,
               is
               but
               over
               the
               Commons
               .
               Do
               they
               claim
               a
               particular
               Right
               over
               the
               Lords
               ?
               Nay
               ,
               over
               the
               King
               ?
               Make
               it
               out
               ,
               if
               you
               can
               :
               but
               it
               cannot
               possibly
               be
               made
               out
               .
               What
               you
               have
               said
               doth
               aggravate
               your
               Crimes
               .
               It
               is
               such
               an
               approvement
               of
               your
               Treason
               ,
               that
               all
               Evidences
               come
               short
               of
               it
               .
               
                 King
                 ,
                 Lords
              
               ,
               and
               Commons
               is
               the
               Ground
               of
               the
               English-Law
               .
               Without
               that
               no
               
                 Act
                 of
                 Parliament
              
               binds
               .
            
          
           
             
               Justice
               Mallet
               .
            
             
               I
               have
               been
               a
               Parliament-Man
               as
               long
               ,
               as
               any
               man
               here
               present
               ,
               and
               I
               did
               never
               know
               ,
               or
               hear
               ,
               that
               the
               House
               of
               Commons
               and
               Jurisdiction
               over
               any
               ,
               saving
               their
               own
               Members
               :
               which
               is
               as
               much
               ,
               as
               I
               will
               say
               concerning
               the
               Parliament
               .
               I
               have
               heard
               a
               Story
               of
               a
               Mute
               ,
               that
               was
               born
               Mute
               ,
               whose
               Father
               was
               slain
               by
               a
               Stranger
               ,
               a
               man
               unknown
               .
               After
               twenty
               years
               ,
               or
               thereabouts
               ,
               this
               
               Mute-man
               fortuned
               to
               see
               the
               Murtherer
               of
               his
               Father
               :
               and
               these
               were
               his
               Words
               ,
               
                 Oh!
                 here
                 is
                 he
                 ,
                 that
                 slew
                 my
                 Father
                 .
              
               Sir
               ,
               The
               
                 King
                 is
                 the
                 Father
                 of
                 the
                 Country
                 ;
                 Pater
                 Patria
                 :
              
               so
               saith
               Sir
               
                 Edward
                 Coke
              
               .
               He
               is
               
                 Caput
                 Reipublicae
              
               ,
               the
               
                 Head
                 of
                 the
                 Common-wealth
              
               .
               Sir
               ,
               What
               have
               you
               done
               ?
               Here
               you
               have
               cut
               off
               the
               Head
               of
               the
               whole
               Common-Wealth
               ,
               and
               taken
               away
               Him
               ,
               that
               was
               our
               Father
               ,
               the
               Governour
               of
               the
               whole
               Countrey
               .
               This
               you
               shall
               find
               Printed
               and
               Published
               in
               a
               Book
               of
               the
               greatest
               Lawyer
               ,
               Sir
               
                 Edward
                 Coke
              
               .
               I
               shall
               not
               need
               ,
               
                 my
                 Lord
              
               ,
               to
               say
               more
               of
               this
               Business
               .
               I
               do
               hold
               the
               Prisoner's
               Plea
               vain
               ,
               and
               unreasonable
               ,
               and
               to
               be
               rejected
               .
            
          
           
             
             
               Justice
               Hide
               .
            
             
               I
               shall
               not
               trouble
               you
               with
               many
               Words
               .
               I
               am
               sorry
               ,
               that
               any
               man
               should
               have
               the
               Face
               ,
               and
               Boldness
               ,
               to
               deliver
               such
               words
               ,
               as
               you
               have
               .
               You
               ,
               and
               all
               ,
               must
               know
               ,
               That
               the
               King
               is
               above
               the
               
                 Two
                 Houses
              
               .
               They
               must
               propose
               their
               Laws
               to
               him
               .
               The
               Laws
               are
               made
               by
               Him
               ,
               and
               not
               by
               Them
               :
               by
               their
               consenting
               ;
               but
               they
               are
               His
               Laws
               .
               That
               which
               you
               speak
               as
               to
               the
               Jurisdiction
               ;
               you
               are
               here
               Indicted
               for
               High
               Treason
               ,
               for
               you
               to
               come
               to
               talk
               of
               Justification
               of
               this
               by
               Pretence
               of
               Authority
               ,
               your
               Plea
               is
               naught
               ,
               illegal
               ,
               and
               wicked
               ,
               and
               ought
               not
               to
               be
               allowed
               .
               As
               to
               having
               of
               Councel
               ;
               the
               Court
               understand
               what
               you
               are
               upon
               :
               Councel
               is
               not
               to
               be
               allowed
               in
               that
               Case
               ,
               and
               therefore
               your
               Plea
               must
               be
               over-ruled
               .
            
          
           
             
               Mr.
               Justice
               Twisden
               .
            
             
               I
               shall
               agree
               with
               that
               ,
               which
               many
               have
               already
               said
               ;
               onely
               this
               ,
               You
               have
               eased
               the
               Jury
               ;
               you
               have
               confessed
               the
               Fact.
               I
               am
               of
               the
               same
               Opinion
               ,
               that
               you
               can
               have
               no
               Councel
               :
               therefore
               I
               over-rule
               your
               Plea
               ,
               if
               it
               had
               been
               put
               in
               never
               so
               good
               Form
               ,
               and
               Manner
               .
            
          
           
             
               Earl
               of
               Manchester
               .
            
             
               I
               beseech
               you
               ,
               
                 my
                 Lords
              
               ,
               let
               us
               go
               some
               other
               way
               to
               work
               —
            
          
           
             
               Sir
               William
               Wild.
               
            
             
               That
               which
               is
               before
               us
               is
               ,
               Whether
               it
               be
               a
               matter
               of
               Law
               ,
               or
               Fact
               ?
               For
               the
               matter
               of
               Law
               ,
               your
               Lordships
               have
               declared
               what
               it
               is
               ,
               his
               Justification
               is
               as
               high
               a
               Treason
               as
               the
               former
               .
               For
               matter
               of
               Fact
               ,
               he
               hath
               confessed
               it
               .
               I
               beseech
               you
               ,
               
                 My
                 Lord
              
               ,
               direct
               the
               Jury
               for
               their
               Verdict
               .
               This
               Gentleman
               hath
               forgot
               their
               Barbarousness
               :
               they
               would
               not
               hear
               their
               King.
               
            
          
           
             
               Court.
               
            
             
               No
               Councel
               can
               be
               allowed
               to
               Justifie
               a
               Treason
               :
               that
               this
               is
               a
               Treason
               ,
               you
               are
               Indicted
               by
               an
               Act
               of
               the
               25th
               .
               of
               Edw.
               3d.
               That
               which
               you
               speak
               of
               the
               House
               of
               Commons
               ,
               is
               but
               part
               of
               the
               House
               of
               Commons
               ,
               they
               never
               did
               ,
               nor
               had
               any
               power
               ,
               to
               make
               a
               Law
               but
               by
               
                 King
                 ,
                 Lords
              
               ,
               and
               Commons
               :
               and
               therefore
               your
               Plea
               is
               naught
               ,
               and
               all
               the
               Court
               here
               is
               of
               the
               same
               opinion
               ;
               if
               they
               were
               not
               ,
               they
               would
               say
               so
               :
               therefore
               
               what
               you
               have
               said
               is
               over-ruled
               by
               the
               Court.
               Have
               you
               any
               thing
               else
               to
               offer
               ?
            
          
           
             
               Mr.
               Harrison
               .
            
             
               Notwithstanding
               the
               Judgment
               of
               so
               many
               Learned
               ones
               ,
               that
               the
               Kings
               of
               England
               are
               no
               ways
               accountable
               to
               the
               Parliament
               .
               The
               Lords
               ,
               and
               Commons
               ,
               in
               the
               beginning
               of
               this
               War
               having
               declared
               the
               King's
               beginning
               War
               upon
               them
               ;
               the
               
                 God
                 of
                 Gods
              
               —
            
          
           
             
               Court.
               
            
             
               Do
               you
               render
               your self
               so
               desperate
               ,
               that
               you
               care
               not
               what
               Language
               you
               let
               fall
               ?
               It
               must
               not
               be
               suffered
               .
            
          
           
             
               Mr.
               Harrison
               .
            
             
               I
               would
               not
               willingly
               speak
               to
               offend
               any
               man
               :
               but
               I
               know
               God
               is
               
                 no
                 Respecter
                 of
                 Persons
              
               .
               His
               setting
               up
               his
               Standard
               against
               the
               People
               —
            
          
           
             
               Court.
               
            
             
               Truly
               ,
               
                 Mr.
                 Harrison
              
               ,
               this
               must
               not
               be
               suffered
               :
               this
               doth
               not
               at
               all
               belong
               to
               you
               .
            
          
           
             
               Mr.
               Harrison
               .
            
             
               Vnder
               Favour
               ,
               this
               doth
               belong
               to
               me
               .
               I
               would
               have
               abhorred
               to
               have
               brought
               him
               to
               Account
               :
               had
               not
               the
               blood
               of
               
               English-men
               ,
               that
               had
               been
               shed
               —
            
          
           
             
               Councel
               .
            
             
               Me
               thinks
               he
               should
               be
               sent
               to
               Bedlam
               ,
               till
               he
               comes
               to
               the
               Gallows
               to
               render
               an
               Account
               of
               this
               .
               This
               must
               not
               be
               suffered
               .
               It
               is
               in
               a
               manner
               a
               new
               Impeachment
               of
               this
               King
               ;
               to
               justifie
               their
               Treasons
               against
               His
               late
               Majesty
               .
            
          
           
             
               Mr.
               Solicitour
               General
               .
            
             
               My
               Lords
               ;
               I
               pray
               ,
               that
               the
               Jury
               may
               go
               together
               upon
               the
               Evidence
               .
            
          
           
             
               Sir
               Edw.
               Turner
               .
            
             
               My
               Lords
               ,
               This
               man
               hath
               the
               Plague
               all
               over
               him
               :
               it
               is
               Pity
               any
               should
               stand
               near
               him
               ;
               for
               he
               will
               infect
               them
               .
               Let
               us
               say
               to
               him
               ,
               as
               they
               use
               to
               write
               over
               an
               House
               infected
               ,
               
                 The
                 Lord
                 have
                 Mercy
                 upon
                 him
              
               ;
               and
               so
               let
               the
               Officer
               take
               him
               away
               .
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               Mr.
               Harrison
               .
               We
               are
               ready
               to
               hear
               you
               
               again
               :
               but
               to
               hear
               such
               Stuff
               ,
               it
               cannot
               be
               suffered
               .
               You
               have
               spoken
               that
               ,
               which
               is
               as
               high
               a
               Degree
               of
               Blasphemy
               ,
               next
               to
               that
               against
               God
               ,
               as
               I
               have
               heard
               .
               You
               have
               made
               very
               ill
               use
               of
               these
               Favours
               ,
               that
               have
               been
               allowed
               you
               to
               speak
               :
               your
               own
               Conscience
               cannot
               but
               tell
               you
               the
               Contradiction
               of
               your
               Actions
               against
               this
               ,
               that
               you
               have
               heard
               as
               the
               Opinion
               of
               the
               Court.
               To
               extenuate
               your
               Crimes
               you
               may
               go
               on
               ;
               but
               you
               must
               not
               go
               as
               before
               .
            
          
           
             
               Mr.
               Harrison
               .
            
             
               I
               must
               not
               speak
               so
               ,
               as
               to
               be
               pleasing
               to
               men
               :
               but
               ,
               if
               I
               must
               not
               have
               liberty
               ,
               as
               an
               English-man
               —
            
          
           
             
               Court.
               
            
             
               Pray
               ,
               do
               not
               reflect
               thus
               .
               You
               have
               had
               liberty
               ,
               and
               more
               ,
               then
               any
               Prisoner
               in
               your
               Condition
               can
               expect
               :
               and
               I
               wish
               you
               had
               made
               a
               good
               use
               of
               it
               .
               Keep
               to
               the
               Business
               ;
               say
               what
               you
               will.
               
            
          
           
             
               Mr.
               Harrison
               .
            
             
               My
               Lords
               ;
               thus
               .
               There
               was
               a
               Discourse
               by
               one
               of
               the
               Witnesses
               ,
               that
               I
               was
               at
               the
               Committee
               ;
               preparing
               the
               Charge
               ,
               and
               that
               I
               should
               say
               ,
               
                 Let
                 us
              
               blacken
               Him.
               The
               thing
               is
               utterly
               untrue
               ,
               I
               abhorred
               the
               doing
               of
               any
               thing
               touching
               the
               Blackning
               of
               the
               King.
               There
               was
               a
               little
               Discourse
               between
               the
               King
               ,
               and
               my self
               .
               The
               King
               had
               told
               me
               ,
               that
               He
               had
               heard
               ,
               that
               I
               should
               come
               privately
               to
               the
               Isle
               of
               Wight
               ,
               to
               offer
               some
               injury
               to
               Him.
               But
               I
               told
               Him
               I
               abhorred
               the
               thoughts
               of
               it
               .
               And
               whereas
               it
               is
               said
               that
               my
               Carriage
               was
               hard
               to
               Him
               ,
               when
               I
               brought
               Him
               to
               London
               :
               it
               was
               not
               I
               ,
               that
               brought
               Him
               to
               London
               :
               I
               was
               commanded
               ,
               by
               the
               General
               ,
               to
               fetch
               Him
               from
               
               Hurst-Castle
               .
               I
               do
               not
               remember
               any
               hard
               Carriage
               towards
               Him.
               
            
          
           
             
               Court.
               
            
             
               Mr.
               Harrison
               ,
               You
               have
               said
               ,
               That
               you
               deny
               that
               of
               Blackning
               ;
               which
               the
               Witness
               hath
               sworn
               :
               and
               somewhat
               else
               touching
               the
               King
               ,
               in
               His
               Way
               to
               London
               :
               that
               the
               Witness
               hath
               sworn
               to
               also
               .
               The
               Jury
               must
               consider
               of
               it
               ,
               both
               of
               their
               Oaths
               ,
               and
               your
               Contradictions
               .
               If
               you
               have
               nothing
               more
               to
               say
               ,
               which
               tends
               to
               your
               Justification
               ,
               We
               must
               direct
               the
               Jury
               .
               The
               end
               of
               your
               Speech
               is
               nothing
               ,
               but
               to
               infect
               the
               People
               .
            
          
           
             
             
               Mr.
               Harrison
               .
            
             
               You
               are
               uncharitable
               in
               that
               .
            
          
           
             
               Justice
               Foster
               .
            
             
               
                 My
                 Lords
              
               ,
               This
               ought
               not
               to
               come
               from
               the
               Bar
               to
               the
               Bench
               ;
               if
               you
               
                 sally
                 out
              
               thus
               about
               your
               Conscience
               .
               If
               your
               Conscience
               should
               be
               a
               darkened
               Conscience
               ;
               that
               must
               not
               be
               the
               Rule
               of
               other
               mens
               Actions
               .
               What
               you
               speak
               of
               that
               Nature
               is
               nothing
               to
               the
               Business
               .
               If
               you
               have
               any
               thing
               to
               say
               ,
               by
               way
               of
               Excuse
               for
               your self
               for
               matter
               of
               Fact
               ,
               you
               may
               speak
               :
               but
               ,
               if
               you
               will
               go
               on
               as
               before
               ,
               it
               must
               not
               be
               suffered
               .
            
          
           
             
               Mr.
               Harrison
               .
            
             
               The
               things
               ,
               that
               have
               been
               done
               ,
               have
               been
               done
               upon
               the
               Stage
               ,
               in
               the
               sight
               of
               the
               Sun
               —
            
          
           
             
               Court.
               
            
             
               All
               this
               is
               a
               Continuance
               of
               the
               Justification
               ,
               and
               Confession
               of
               the
               Fact.
               We
               need
               no
               other
               Evidence
               .
            
          
           
             
               Councel
               .
            
             
               He
               hath
               confessed
               his
               Fact
               ,
               my
               Lords
               .
               The
               matter
               it self
               is
               Treason
               upon
               Treason
               :
               Therefore
               we
               pray
               Direction
               to
               the
               Jury
               .
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               Mr.
               Harrison
               ,
               I
               must
               give
               Direction
               to
               the
               Jury
               :
               if
               you
               will
               not
               go
               further
               touching
               the
               Fact.
               
            
          
           
             
               Mr.
               Harrison
               .
            
             
               My
               Lords
               ,
               I
               say
               ,
               what
               I
               did
               was
               by
               the
               
                 Supreme
                 Authority
              
               .
               I
               have
               said
               it
               before
               ,
               and
               appeal
               to
               your
               own
               Consciences
               ;
               that
               this
               Court
               cannot
               call
               me
               to
               question
               .
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               Mr.
               Harrison
               ,
               you
               have
               appealed
               to
               our
               Consciences
               .
               We
               shall
               do
               that
               ,
               which
               ,
               by
               the
               Blessing
               of
               God
               ,
               shall
               be
               just
               ;
               for
               which
               we
               shall
               answer
               before
               the
               Tribunal
               of
               God.
               Pray
               ,
               take
               heed
               of
               an
               
                 Obdurate
                 ,
                 Hard
              
               Heart
               ,
               and
               a
               Seared
               Conscience
               .
            
          
           
             
               Mr.
               Harrison
               .
            
             
               My
               Lords
               ,
               I
               have
               been
               kept
               six
               Moneths
               a
               Close
               Prisoner
               ,
               and
               could
               not
               prepare
               my self
               for
               this
               Trial
               by
               Councel
               .
               I
               have
               got
               here
               some
               Acts
               of
               Parliament
               of
               that
               House
               of
               Commons
               ,
               which
               your
               Lordships
               will
               not
               own
               ;
               and
               the
               Proceedings
               
               of
               that
               House
               ,
               whose
               Authority
               I
               did
               own
               .
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               This
               you
               have
               said
               already
               .
               If
               you
               shew
               never
               so
               many
               of
               that
               Nature
               ,
               they
               will
               not
               help
               you
               :
               you
               have
               heard
               the
               Opinion
               of
               the
               Court
               ,
               touching
               that
               Authority
               .
               They
               all
               unanimously
               concur
               in
               it
               .
            
          
           
             
               Gentlemen
               of
               the
               Jury
               ,
            
             
               You
               see
               ,
               that
               this
               Prisoner
               at
               the
               Bar
               is
               Indicted
               for
               
                 Compassing
                 ,
                 Imagining
              
               ,
               and
               Contriving
               the
               Death
               of
               our
               late
               Sovereign
               Lord
               ,
               King
               Charles
               the
               First
               ,
               of
               Blessed
               Memory
               .
               In
               this
               Indictment
               there
               are
               several
               things
               given
               ,
               but
               as
               Evidences
               of
               it
               :
               they
               are
               but
               the
               Overt-Acts
               of
               it
               .
               The
               one
               is
               ,
               first
               ,
               that
               they
               did
               meet
               ,
               and
               consult
               together
               about
               the
               putting
               the
               King
               to
               Death
               :
               and
               that
               alone
               ,
               if
               nothing
               else
               had
               been
               proved
               in
               the
               Case
               ,
               was
               enough
               for
               you
               to
               find
               the
               Indictment
               .
               For
               the
               Imagination
               alone
               is
               Treason
               by
               the
               Law.
               But
               beause
               the
               Compassing
               and
               Imagining
               the
               Death
               of
               the
               King
               is
               secret
               in
               the
               Heart
               ,
               and
               no
               man
               knowes
               it
               but
               God
               Almighty
               :
               I
               say
               ,
               That
               the
               Imagination
               is
               Treason
               :
               yet
               it
               is
               not
               such
               ,
               as
               the
               Law
               can
               lay
               hold
               of
               ;
               unless
               it
               appear
               by
               some
               Overt-Act
               .
               Then
               the
               first
               Overt-Act
               is
               their
               
                 Meeting
                 ,
                 Consulting
              
               ,
               and
               Proposing
               to
               put
               the
               King
               to
               Death
               .
               The
               second
               is
               more
               open
               ;
               namely
               ,
               their
               Sitting
               together
               ,
               and
               
                 Assuming
                 an
                 Authority
              
               to
               put
               the
               King
               to
               Death
               .
               The
               third
               is
               Sentencing
               the
               King.
               And
               I
               must
               tell
               you
               ,
               that
               any
               one
               of
               these
               Acts
               prove
               the
               Indictment
               .
               If
               you
               find
               him
               guilty
               but
               of
               any
               one
               of
               them
               ;
               either
               
                 Consulting
                 ,
                 Proposing
                 ,
                 Sitting
              
               ,
               or
               Sentencing
               (
               though
               there
               is
               full
               Proof
               for
               all
               )
               yet
               notwithstanding
               you
               ought
               to
               find
               the
               Indictment
               .
               You
               have
               heard
               what
               the
               Witnesses
               have
               said
               ,
               and
               the
               
               Prisoner's
               own
               Confession
               .
               Witnesses
               have
               sworn
               their
               sitting
               together
               ;
               and
               that
               he
               was
               one
               :
               One
               swears
               he
               sate
               four
               times
               ;
               another
               twice
               ;
               some
               
                 several
                 times
              
               .
               There
               are
               several
               Witnesses
               for
               this
               :
               as
               Mr.
               Masterson
               ,
               Mr.
               Clark
               ,
               Mr.
               Kirk
               ,
               and
               Mr.
               Nutley
               .
               And
               then
               you
               have
               another
               thing
               too
               ,
               which
               truly
               the
               Prisoner
               did
               not
               speak
               of
               .
               Witness
               was
               given
               against
               him
               ,
               That
               he
               was
               the
               Person
               that
               Conducted
               the
               King
               :
               this
               was
               before
               that
               ,
               which
               he
               would
               have
               to
               be
               done
               by
               a
               
                 Legislative
                 Power
              
               :
               and
               that
               is
               another
               Overt-Act
               .
               
               If
               a
               man
               will
               go
               about
               to
               Imprison
               the
               King
               ;
               the
               Law
               knows
               what
               is
               the
               sad
               Effect
               of
               such
               Imprisonment
               .
               That
               hath
               often
               been
               adjudged
               to
               be
               an
               Evidence
               of
               Imagining
               ,
               and
               Compassing
               the
               Death
               of
               the
               King.
               That
               man
               ,
               the
               Prisoner
               at
               the
               Bar
               ,
               it
               hath
               been
               proved
               to
               you
               ,
               did
               Imprison
               the
               King
               :
               and
               it
               appears
               by
               his
               own
               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.
               1●
               ▪
               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
               they
               might
               compleat
               their
               villany
               ,
               they
               made
               a
               bloody
               Warrant
               for
               severing
               the
               head
               of
               his
               late
               Majesty
               from
               his
               body
               ,
               and
               the
               hand
               of
               the
               Prisoner
               is
               to
               that
               Warrant
               also
               ;
               and
               this
               is
               the
               scope
               of
               our
               Indictment
               .
            
          
           
             
               Scro.
               
            
             
               My
               Lords
               ,
               may
               I
               have
               liberty
               to
               speak
               ?
            
          
           
             
               Court.
               
            
             
               If
               you
               do
               confess
               that
               which
               is
               opened
               in
               evidence
               against
               you
               ,
               we
               shall
               not
               need
               to
               examine
               any
               Witnesses
               .
            
          
           
             
               Scr.
               
            
             
               Examine
               what
               you
               think
               fit
               ,
               if
               I
               understand
               that
               worthy
               Gentleman
               that
               spake
               last
               ,
               he
               said
               that
               my
               hand
               was
               to
               the
               Warrant
               for
               Execution
               ;
               My
               Lord
               ,
               if
               I
               can
               see
               my
               hand
               I
               can
               tell
               ,
               and
               I
               will
               not
               deny
               my
               hand
               .
            
          
           
             
               Court.
               
            
             
               Shew
               it
               him
               ,
               which
               was
               done
               accordingly
               .
            
          
           
             
               Scr.
               
            
             
               My
               Lords
               ,
               I
               will
               not
               deny
               but
               that
               it
               is
               my
               hand
               ,
               but
               it
               is
               not
               my
               seal
               .
            
          
           
             
               Councel
               .
            
             
               Cryer
               ,
               call
               Mr.
               Masterson
               ,
               Mr.
               Kirke
               ,
               Mr.
               Clark
               ,
               Mr.
               Carr
               ,
               
                 who
                 were
                 all
                 sworn
                 .
              
            
             
               Mr
               ,
               Masterson
               ,
               pray
               tell
               my
               Lords
               and
               the
               Jury
               ,
               whether
               you
               did
               see
               the
               Prisoner
               at
               the
               Bar
               in
               that
               which
               they
               called
               the
               
                 High-Court
                 of
                 Justice
              
               ,
               sitting
               as
               a
               Judge
               upon
               the
               late
               King.
               
            
          
           
             
             
               Mr.
               Mast
               .
            
             
               My
               Lords
               and
               Gentlemen
               of
               the
               Jury
               ,
               I
               saw
               upon
               the
               22.
               or
               23.
               of
               Jan.
               in
               the
               year
               1648.
               the
               Prisoner
               at
               the
               Bar
               sitting
               upon
               the
               Bench
               as
               one
               of
               the
               Judges
               in
               that
               which
               they
               called
               the
               
                 High-Court
                 of
                 Justice
              
               ;
               the
               King
               standing
               a
               Prisoner
               at
               the
               Bar
               ;
               I
               say
               either
               22.
               or
               23.
               
               But
               I
               say
               particularly
               upon
               the
               27th
               .
               of
               Jan.
               1648.
               in
               which
               the
               sentence
               was
               passed
               upon
               the
               late
               King
               ,
               I
               saw
               the
               Prisoner
               at
               the
               Bar
               sitting
               upon
               the
               Bench
               ,
               in
               that
               which
               they
               called
               the
               
                 High-Court
                 of
                 Justice
              
               .
            
          
           
             
               Coun.
               
            
             
               How
               did
               he
               demean
               himself
               when
               the
               sentence
               was
               read
               ?
            
          
           
             
               Mr.
               Ma.
               
            
             
               When
               the
               sentence
               was
               read
               ,
               it
               was
               by
               the
               President
               (
               as
               he
               was
               called
               )
               of
               that
               Court
               ,
               said
               to
               be
               the
               Sentence
               and
               Judgment
               of
               the
               whole
               Court
               ,
               upon
               which
               the
               Prisoner
               at
               the
               Bar
               rose
               up
               ,
               as
               to
               my
               apprehension
               ,
               testifying
               his
               Assent
               .
               All
               their
               Assent
               were
               taken
               so
               ,
               and
               no
               otherwise
               to
               us
               that
               were
               as
               spectators
               .
            
          
           
             
               Scr.
               
            
             
               I
               beseech
               your
               Lordships
               that
               I
               may
               speak
               without
               offence
               ,
               and
               answer
               to
               this
               .
            
          
           
             
               Court.
               
            
             
               Mr.
               Scroop
               ,
               you
               may
               please
               to
               have
               Paper
               ,
               and
               Pens
               ,
               and
               Ink
               ,
               to
               take
               Notes
               ,
               or
               to
               ask
               any
               questions
               .
            
          
           
             
               Scr.
               
            
             
               My
               Lords
               ,
               give
               me
               leave
               to
               ask
               him
               this
               question
               ,
               whereabouts
               did
               he
               see
               me
               sit
               in
               the
               Court.
               
            
          
           
             
               Court.
               
            
             
               Mr.
               Ma.
               you
               hear
               the
               question
               ,
               pray
               answer
               to
               it
               .
            
          
           
             
               Ma.
               
            
             
               My
               Lords
               ,
               I
               cannot
               particularly
               say
               where
               he
               sat
               ,
               but
               I
               saw
               him
               in
               the
               Court
               ,
               and
               to
               the
               best
               of
               my
               remembrance
               it
               was
               on
               the
               second
               seat
               on
               the
               left
               hand
               of
               Bradshaw
               .
            
          
           
             
               Scr.
               
            
             
               I
               would
               not
               give
               offence
               to
               the
               Court
               in
               any
               kind
               ,
               I
               am
               now
               pleading
               for
               my
               life
               ,
               I
               desire
               to
               take
               a
               little
               liberty
               to
               ask
               this
               Gentleman
               ,
               if
               ever
               He
               and
               I
               were
               in
               company
               together
               ,
               that
               he
               knows
               me
               so
               well
               .
            
          
           
             
               M.
               
            
             
               For
               my
               part
               I
               do
               not
               remember
               I
               saw
               his
               face
               before
               the
               sitting
               of
               that
               Court
               :
               If
               this
               Gentleman
               ask
               me
               if
               I
               were
               ever
               in
               his
               company
               ,
               I
               know
               not
               how
               I
               may
               construe
               the
               word
               Company
               :
               but
               I
               am
               sure
               I
               never
               eat
               nor
               drank
               with
               him
               ,
               I
               have
               seen
               him
               very
               many
               times
               at
               Committees
               ,
               more
               
               then
               twenty
               times
               ,
               since
               that
               business
               .
            
          
           
             Mr.
             Clark
             called
             .
          
           
             
               Coun.
               
            
             
               Mr.
               Clark
               you
               have
               heard
               the
               question
               ,
               did
               you
               ever
               see
               the
               Prisoner
               at
               the
               Bar
               in
               that
               which
               they
               called
               the
               High-Court
               of
               Justice
               ?
            
          
           
             
               Mr.
               Clark
               ,
            
             
               I
               do
               remember
               in
               the
               year
               1648.
               
               I
               saw
               the
               Prisoner
               sitting
               in
               that
               which
               they
               call
               the
               High-Court
               of
               Justice
               upon
               the
               Tryal
               of
               the
               King.
               
            
          
           
             
               Scr.
               
            
             
               My
               Lords
               ,
               you
               may
               desist
               in
               examining
               witnesses
               touching
               my
               sitting
               .
            
          
           
             
               Court.
               
            
             
               Do
               you
               acknowledge
               you
               did
               sit
               in
               that
               which
               they
               called
               the
               High-Court
               of
               Justice
               .
            
          
           
             
               Scr.
               
            
             
               Yes
               ,
               I
               see
               it
               proved
               ,
               and
               I
               see
               a
               Gentleman
               here
               in
               my
               eyes
               that
               I
               know
               very
               well
               ,
               I
               will
               not
               deny
               it
               .
            
          
           
             
               Court.
               
            
             
               Did
               you
               sit
               upon
               the
               sentence
               day
               ,
               that
               is
               the
               Evidence
               ,
               which
               was
               the
               27th
               .
               of
               January
               :
               You
               are
               not
               bound
               to
               answer
               me
               ;
               But
               if
               you
               will
               not
               ,
               we
               must
               prove
               it
               .
               Do
               you
               confess
               that
               ?
            
          
           
             
               Scr.
               
            
             
               I
               do
               not
               confess
               that
               I
               stood
               up
               as
               assenting
               to
               the
               Sentence
               .
               Mr.
               Clark
               called
               .
            
          
           
             
               Coun.
               
            
             
               Mr.
               Clark
               what
               say
               you
               to
               that
               ?
            
          
           
             
               Clark.
               
            
             
               I
               did
               not
               take
               particular
               notice
               of
               him
               that
               day
               ,
               that
               he
               stood
               up
               ;
               but
               the
               whole
               Court
               stood
               up
               to
               my
               apprehension
               ,
               but
               I
               took
               notice
               that
               he
               was
               there
               then
               present
               .
            
          
           
             
               Coun.
               
            
             
               Mr.
               Clark
               do
               you
               remember
               that
               you
               saw
               any
               of
               them
               sit
               ?
            
          
           
             
               Cl.
               
            
             
               I
               did
               not
               take
               notice
               of
               any
               that
               sate
               then
               ,
               but
               all
               stood
               up
               to
               my
               thoughts
               .
            
          
           
             Mr.
             Carr
             called
             .
          
           
             
               Coun.
               
            
             
               Mr.
               Carr
               ,
               tell
               my
               Lords
               and
               the
               Jury
               whether
               you
               did
               see
               the
               Prisoner
               at
               the
               Bur
               sitting
               in
               that
               which
               they
               called
               the
               High-Court
               of
               Justice
               .
            
          
           
             
               Carr.
               
            
             
               My
               Lords
               and
               Gentlemen
               of
               the
               Jury
               ,
               the
               22.
               23.
               and
               27th
               .
               of
               Jan.
               1648.
               
               I
               was
               present
               when
               the
               names
               of
               that
               they
               called
               the
               High-Court
               of
               Justice
               were
               called
               ,
               and
               amongst
               others
               that
               were
               Judges
               of
               that
               Court
               as
               was
               printed
               in
               a
               Paper
               which
               I
               then
               had
               in
               my
               hand
               ,
               
                 Mr.
                 Carr
                 looked
                 in
                 that
                 Paper
                 when
                 he
                 gave
                 this
                 Evidence
                 .
              
               I
               found
               the
               name
               of
               Mr.
               
                 A●
                 Scroop
              
               ,
               who
               I
               saw
               did
               there
               sit
               and
               appear
               .
            
          
           
             
             
               Scroop
               .
            
             
               I
               hope
               you
               will
               not
               take
               any
               Evidence
               from
               a
               Printed
               List
               .
            
          
           
             
               Councel
               .
            
             
               The
               manner
               of
               his
               Evidence
               is
               ,
               he
               saith
               this
               ,
               That
               he
               had
               this
               Printed
               Paper
               in
               his
               hand
               ,
               when
               the
               names
               of
               that
               Court
               were
               called
               ;
               and
               marking
               the
               persons
               in
               that
               Paper
               who
               were
               present
               ,
               and
               that
               you
               were
               one
               of
               them
               who
               did
               appear
               .
            
          
           
             
               Scr.
               
            
             
               My
               Lord
               ,
               I
               shall
               not
               dispute
               in
               regard
               of
               my
               want
               of
               skill
               in
               the
               Law
               ,
               the
               Lawfulness
               of
               bringing
               in
               any
               Paper
               in
               Evidence
               into
               the
               Court
               ,
               I
               shall
               not
               dispute
               against
               your
               Lordships
               :
               But
               by
               your
               favour
               ,
               I
               do
               suppose
               there
               is
               no
               witness
               ought
               to
               use
               any
               Paper
               ,
               or
               look
               upon
               any
               Paper
               when
               he
               gives
               Evidence
               ;
               but
               I
               shall
               submit
               it
               to
               your
               Lordships
               .
            
          
           
             
               Mr.
               Solicit
               .
            
             
               Ask
               him
               the
               question
               without
               his
               Paper
               ;
               but
               yet
               nothing
               is
               more
               usual
               than
               for
               a
               Witness
               to
               make
               use
               of
               a
               Paper
               to
               help
               his
               memory
               .
            
          
           
             
               Scroop
               .
            
             
               The
               Gentleman
               that
               spake
               last
               ,
               I
               cannot
               hear
               him
               .
            
          
           
             
               Mr.
               Sol.
               
            
             
               We
               do
               not
               need
               his
               Paper
               in
               this
               Case
               ,
               he
               will
               tell
               it
               without
               a
               paper
               .
               Mr
               Carr
               ,
               speak
               without
               a
               paper
               .
            
          
           
             
               Carr.
               
            
             
               My
               Lords
               ,
               upon
               the
               calling
               of
               those
               that
               were
               Judges
               in
               that
               Court
               which
               they
               called
               the
               
                 High
                 Court
                 of
                 Justice
              
               then
               sitting
               ,
               this
               Gentleman
               the
               Prisoner
               at
               the
               Bar
               did
               answer
               to
               his
               name
               then
               called
               .
            
          
           
             
               Scr.
               
            
             
               Did
               you
               see
               me
               ?
            
          
           
             
               Carr.
               
            
             
               I
               heard
               you
               answer
               ,
               and
               saw
               you
               .
            
          
           
             
               Scroop
               .
            
             
               I
               pray
               he
               may
               be
               asked
               where
               about
               I
               sate
               in
               that
               Court.
               
            
          
           
             
               Councel
               .
            
             
               Mr.
               Carr
               you
               hear
               the
               Question
               ,
               answer
               to
               it
               .
            
          
           
             
               Carr.
               
            
             
               I
               am
               not
               able
               particularly
               to
               tell
               now
               ,
               it
               being
               many
               years
               since
               .
            
          
           
             
             
               Scroop
               .
            
             
               My
               Lord
               ,
               observe
               of
               what
               value
               this
               Evidence
               is
               ,
               I
               am
               sure
               I
               never
               was
               in
               his
               company
               ,
               I
               do
               not
               know
               that
               ever
               he
               saw
               me
               in
               his
               life
               :
               I
               beseech
               you
               give
               me
               leave
               to
               plead
               for
               my self
               in
               all
               humbleness
               and
               modesty
               ,
               my
               Lord.
               
            
          
           
             
               L.
               C.
               Bar.
               
            
             
               Notice
               is
               taken
               of
               it
               Mr.
               Scroop
               ,
               God
               forbid
               you
               should
               be
               debarred
               of
               it
               .
            
          
           
             
               Scr.
               
            
             
               I
               say
               he
               comes
               in
               with
               Evidence
               of
               a
               Paper
               he
               heard
               my
               name
               called
               ,
               and
               marked
               it
               :
               It
               is
               strange
               that
               a
               Gentleman
               whom
               I
               never
               saw
               ,
               I
               know
               not
               his
               name
               ,
               nor
               I
               do
               not
               think
               he
               knew
               my
               name
               ,
               if
               he
               had
               met
               me
               .
            
          
           
             
               L.
               C.
               Bar.
               
            
             
               I
               told
               you
               that
               was
               laid
               aside
               ,
               and
               you
               heard
               him
               speak
               
                 Viva
                 voce
              
               without
               a
               Paper
               .
            
          
           
             
               Coun.
               
            
             
               Mr.
               Kirk
               ,
               did
               you
               see
               the
               Prisoner
               at
               the
               Bar
               in
               that
               Court
               which
               they
               called
               the
               High
               Court
               of
               Justice
               for
               Tryal
               of
               the
               late
               King.
               
            
          
           
             
               Kirk
               .
            
             
               My
               Lords
               and
               Gentlemen
               of
               the
               Jury
               ,
               I
               did
               see
               the
               Prisoner
               there
               ,
               and
               I
               did
               wonder
               to
               see
               him
               there
               ,
               which
               was
               the
               reason
               I
               took
               the
               more
               special
               notice
               of
               his
               being
               there
               .
            
          
           
             
               Scr.
               
            
             
               Pray
               ,
               my
               Lord
               ,
               let
               me
               intreat
               one
               thing
               before
               he
               speaks
               ,
               That
               your
               Lordships
               will
               be
               pleased
               to
               speak
               to
               him
               to
               give
               in
               his
               Evidence
               without
               any
               speech
               .
            
          
           
             
               Coun.
               
            
             
               How
               can
               that
               be
               ?
               Can
               he
               give
               Evidence
               without
               speaking
               ?
            
          
           
             
               Scr.
               
            
             
               I
               beseech
               you
               ,
               my
               Lords
               ,
               give
               me
               leave
               to
               say
               this
               ,
               Let
               him
               give
               in
               his
               Evidence
               in
               plain
               words
               without
               any
               speech
               .
            
          
           
             
               L.
               C.
               Bar.
               
            
             
               Mr.
               Scroop
               ,
               he
               must
               be
               excused
               ,
               there
               are
               Circumstances
               inducing
               which
               are
               as
               much
               as
               the
               Principal
               ;
               this
               that
               he
               hath
               said
               is
               very
               material
               :
               saith
               he
               ,
               
                 I
                 did
                 see
                 the
                 Prisoner
                 at
                 the
                 Bar
                 there
                 ,
                 I
                 did
                 not
                 expect
                 it
                 ,
                 and
                 wondered
                 at
                 it
                 ,
                 and
                 therefore
                 took
                 the
                 more
                 notice
              
               —
            
          
           
             
               Let
               him
               go
               on
               ,
               ask
               him
               what
               question
               you
               will.
               
            
          
           
             
             
               Scroop
               .
            
             
               My
               Lord
               ,
               I
               submit
               .
            
          
           
             
               L.
               C.
               Bar.
               
            
             
               Mr.
               Kirk
               ,
               you
               must
               speak
               the
               truth
               ,
               and
               the
               whole
               truth
               ;
               go
               on
               .
            
          
           
             
               Kirk
               .
            
             
               I
               say
               ,
               as
               I
               said
               before
               ,
               I
               saw
               this
               Gentleman
               sitting
               in
               that
               which
               they
               called
               the
               
                 High
                 Court
                 of
                 Justice
              
               ,
               and
               I
               did
               therefore
               wonder
               at
               it
               ,
               because
               I
               did
               not
               expect
               him
               there
               :
               I
               came
               to
               know
               him
               formerly
               as
               he
               was
               called
               Captain
               Scroop
               .
            
          
           
             
               Coun.
               
            
             
               Go
               on
               .
            
          
           
             
               K.
               
            
             
               And
               as
               I
               said
               before
               ,
               I
               saw
               this
               person
               ,
               this
               Prisoner
               at
               the
               Bar
               ,
               sit
               amongst
               the
               rest
               of
               those
               persons
               ,
               Judges
               as
               they
               called
               themselves
               of
               the
               
                 High
                 Court
                 of
                 Justice
                 for
                 the
                 Tryal
                 of
                 the
                 King
                 ,
              
               I
               did
               more
               particularly
               take
               notice
               of
               this
               p●rson
               ,
               because
               I
               did
               not
               expect
               him
               there
               :
               I
               knew
               him
               formerly
               upon
               this
               report
               ,
               being
               an
               Eminent
               Man
               ,
               by
               the
               name
               of
               Captain
               Scroop
               ,
               and
               at
               that
               time
               was
               an
               Associate
               of
               one
               Captain
               Vivers
               ,
               and
               Captain
               Wingham
               ;
               I
               had
               not
               seen
               him
               some
               years
               before
               this
               business
               ,
               and
               seeing
               of
               him
               there
               ,
               I
               did
               the
               more
               particularly
               take
               notice
               of
               him
               .
            
          
           
             
               Scr.
               
            
             
               Have
               you
               done
               ,
               Sir
               ?
               I
               beseech
               your
               Lordship
               ask
               him
               what
               imployment
               he
               had
               there
               himself
               when
               he
               saw
               me
               there
               .
            
          
           
             
               K.
               
            
             
               My
               Lord
               ,
               I
               was
               there
               to
               hear
               the
               Tryal
               .
            
          
           
             
               Lord
               
                 Chief
                 Baron
              
               .
            
             
               Mr.
               Scroop
               ,
               I
               am
               not
               willing
               you
               should
               have
               any
               thing
               of
               interruption
               ,
               unless
               you
               reflect
               upon
               any
               person
               ,
               that
               concerns
               not
               you
               Mr.
               Scroop
               ,
               do
               not
               think
               it
               will
               be
               for
               your
               advantage
               ,
               nor
               is
               it
               proper
               for
               you
               to
               ask
               .
            
          
           
             
               Scroop
               .
            
             
               In
               all
               humbleness
               I
               do
               speak
               it
               to
               your
               Lordships
               ,
               that
               your
               Lordship
               will
               please
               to
               consider
               ,
               that
               if
               he
               had
               any
               imployment
               in
               that
               business
               himself
               ,
               how
               unfit
               a
               Witness
               he
               is
               against
               me
               .
            
          
           
             
               Court.
               
            
             
               Much
               fitter
               .
            
          
           
             
               Scr.
               
            
             
               If
               it
               be
               so
               ,
               I
               have
               done
               .
            
          
           
             
             
               Kirk
               .
            
             
               
                 My
                 Lord
              
               ,
               I
               was
               there
               only
               as
               a
               Spectator
               ,
               I
               went
               only
               there
               to
               see
               and
               hear
               ,
               what
               was
               there
               to
               be
               seen
               and
               heard
               ;
               I
               stood
               there
               and
               took
               Notes
               in
               Characters
               of
               the
               Proceedings
               ,
               and
               several
               others
               with
               my self
               did
               the
               like
               ,
               and
               we
               compared
               them
               together
               ,
               that
               was
               all
               my
               business
               at
               that
               time
               ,
               and
               I
               saw
               him
               sit
               ,
               there
               the
               27.
               day
               of
               Jan
               1648.
               which
               was
               the
               day
               of
               the
               Sentence
               against
               the
               King.
               
            
          
           
             
               Scroope
               .
            
             
               Where
               abouts
               did
               you
               see
               me
               sit
               there
               ?
            
          
           
             
               Kirk
               .
            
             
               It
               is
               not
               ,
               I
               think
               imaginable
               that
               any
               person
               should
               be
               able
               after
               so
               many
               years
               ,
               possibly
               to
               say
               where
               any
               person
               sate
               ;
               but
               to
               the
               best
               of
               my
               remembrance
               you
               sate
               upon
               the
               second
               Bench
               next
               the
               President
               :
               But
               I
               dare
               not
               be
               positive
               in
               that
               ,
               I
               dare
               not
               justifie
               it
               upon
               my
               Oath
               ,
               it
               is
               but
               my
               remembrance
               .
            
          
           
             Here
             Mr.
             Scroope
             talk't
             to
             one
             that
             stood
             near
             him
             .
          
           
             
               L.
               Chief
               Baron
               .
            
             
               We
               must
               desire
               that
               of
               you
               Mr.
               Scroop
               that
               you
               will
               not
               speak
               to
               any
               here
               but
               what
               the
               Court
               may
               hear
               .
            
          
           
             
               Scr.
               
            
             
               I
               shall
               observe
               your
               Commands
               .
            
          
           
             Mr.
             Coitmore
             sworn
             .
          
           
             
               Councel
               .
            
             
               Did
               you
               see
               the
               Prisoner
               at
               the
               Bar
               sitting
               in
               that
               which
               they
               called
               the
               
                 High
                 Court
                 of
                 Justice
              
               ,
               as
               a
               Judge
               upon
               the
               King
               ?
            
          
           
             
               Coit
               .
            
             
               I
               did
               see
               him
               .
            
          
           
             
               Councel
               .
            
             
               When
               ,
               what
               day
               ?
            
          
           
             
               Coit
               .
            
             
               I
               cannot
               name
               the
               day
               ,
               I
               was
               there
               three
               dayes
               of
               their
               sitting
               ,
               there
               I
               saw
               him
               once
               or
               twice
               ;
               once
               I
               am
               sure
               .
            
          
           
             
               Scr.
               
            
             
               What
               day
               ?
            
          
           
             
               Coit
               .
            
             
               I
               cannot
               remember
               .
            
          
           
             
               Councel
               .
            
             
               Did
               he
               sit
               there
               as
               a
               Judge
               upon
               the
               King.
               
            
          
           
             
               Coit
               .
            
             
               He
               sate
               amongst
               the
               rest
               as
               a
               Judge
               .
            
          
           
             
             
               Scr.
               
            
             
               Give
               me
               leave
               to
               ask
               him
               whereabouts
               he
               saw
               me
               sit
               ?
            
          
           
             
               Councel
               .
            
             
               Where
               did
               you
               see
               him
               sit
               ?
            
          
           
             
               Coit
               .
            
             
               I
               cannot
               remember
               the
               place
               ,
               he
               was
               among
               them
               ,
               I
               saw
               him
               either
               one
               or
               two
               dayes
               ,
               there
               was
               a
               great
               company
               of
               them
               together
               .
            
          
           
             
               Councel
               .
            
             
               Mr.
               Nutley
               ,
               Did
               you
               see
               the
               Prisoner
               at
               the
               Bar
               sitting
               in
               that
               which
               ,
               they
               called
               the
               High
               Court
               of
               Justice
               ?
            
          
           
             
               Nut.
               
            
             
               If
               it
               please
               your
               Lordships
               ,
               I
               was
               there
               in
               the
               Court
               those
               four
               several
               dayes
               that
               they
               sate
               in
               Judgment
               ,
               I
               heard
               the
               Prisoner
               at
               the
               Bar
               called
               by
               his
               name
               ,
               I
               did
               take
               notice
               he
               was
               there
               ,
               truly
               I
               think
               he
               was
               there
               twice
               or
               thrice
               to
               my
               remembrance
               .
            
          
           
             
               Councel
               .
            
             
               Can
               you
               tell
               what
               day
               ,
               whether
               the
               27th
               of
               Jan.
               1648.
               
            
          
           
             
               Nut.
               
            
             
               I
               cannot
               say
               positively
               ,
               but
               to
               the
               best
               of
               my
               remembrance
               he
               was
               there
               ,
               that
               was
               the
               last
               day
               when
               Judgment
               was
               given
               .
            
          
           
             Mr.
             Baker
             sworn
             .
          
           
             
               Councel
               .
            
             
               Mr.
               Baker
               what
               say
               ?
               you
               did
               you
               see
               the
               Prisoner
               at
               the
               Bar
               ,
               sitting
               in
               that
               which
               they
               called
               the
               High
               Court
               of
               Justice
               ?
            
          
           
             
               Baker
               .
            
             
               Yes
               ,
               I
               did
               see
               Col.
               Scroop
               on
               Tuesday
               the
               23.
               of
               Jan.
               1648.
               very
               particularly
               stand
               up
               and
               answer
               to
               his
               name
               .
            
          
           
             
               Councel
               .
            
             
               Mr.
               Coitmore
               ,
               are
               you
               acquainted
               with
               Col.
               
               Scroop's
               hand
               ?
            
          
           
             
               Coit
               .
            
             
               I
               have
               had
               several
               Letters
               from
               him
               .
            
          
           
             
               Councel
               .
            
             
               Mr.
               Scroop
               ,
               have
               you
               a
               mind
               to
               see
               the
               Warrant
               for
               summoning
               the
               Court
               ?
            
          
           
             
             
               Scr.
               
            
             
               I
               desire
               to
               see
               it
               ;
               I
               do
               not
               remember
               I
               set
               my
               hand
               to
               it
               .
            
          
           
             
               Court.
               
            
             
               Shew
               it
               him
               .
               It
               being
               shewed
               him
               ,
            
          
           
             
               Scr.
               
            
             
               I
               cannot
               say
               it
               is
               my
               hand
               .
            
          
           
             
               Councel
               .
            
             
               It
               is
               too
               true
               ,
               we
               shall
               prove
               it
               to
               you
               .
            
          
           
             
               Court.
               
            
             
               Shew
               it
               to
               Mr.
               Coitmore
               .
            
          
           
             
               Scr.
               
            
             
               Be
               pleased
               to
               let
               me
               see
               it
               once
               more
               ;
               
                 which
                 was
                 again
                 shewed
                 him
              
               :
               Truly
               ,
               my
               Lord
               ,
               I
               will
               save
               him
               the
               labour
               .
            
          
           
             
               Councel
               .
            
             
               You
               do
               acknowledge
               it
               was
               your
               hand
               ?
            
          
           
             
               Scr.
               
            
             
               I
               'le
               save
               him
               the
               labour
               ;
               for
               I
               confess
               I
               do
               not
               love
               Men
               should
               be
               put
               to
               their
               Oaths
               more
               than
               needs
               .
            
          
           
             Here
             likewise
             the
             Warrant
             for
             Execution
             was
             read
             .
          
           
             
               Coun.
               
            
             
               My
               Lords
               ,
               we
               shall
               conclude
               our
               evidence
               with
               Major
               General
               Brown
               ,
               the
               Lord
               Mayor
               Elect.
               
            
          
           
             The
             Lord
             Elect
             sworn
             .
          
           
             
               Coun.
               
            
             
               My
               Lord
               ,
               be
               pleased
               to
               tell
               my
               Lords
               what
               discourse
               hath
               lately
               passed
               between
               the
               Prisoner
               at
               the
               Bar
               and
               you
               ,
               concerning
               the
               death
               of
               the
               King.
               
            
          
           
             
               Lord
               Elect.
               
            
             
               My
               Lords
               ,
               upon
               some
               occasion
               I
               was
               accidentally
               at
               the
               Chamber
               of
               the
               Speaker
               ,
               there
               I
               met
               this
               Gentleman
               whom
               indeed
               I
               knew
               not
               ;
               he
               told
               me
               who
               he
               was
               ;
               and
               when
               I
               understood
               who
               he
               was
               ,
               I
               said
               to
               him
               (
               or
               words
               to
               this
               purpose
               ,
               I
               cannot
               tell
               the
               words
               )
               because
               I
               would
               not
               distaste
               him
               ,
               and
               say
               you
               have
               done
               this
               ,
               therefore
               I
               put
               it
               thus
               ,
               We
               have
               done
               this
               ,
               What
               a
               sad
               case
               have
               we
               said
               I
               ,
               brought
               this
               Kingdom
               unto
               ?
               Why
               ,
               saith
               he
               ?
               you
               see
               ,
               said
               I
               ,
               how
               it
               is
               ruined
               ,
               now
               the
               King
               is
               murthered
               ,
               &c
               ,
               Saith
               he
               ,
               
                 some
                 are
                 of
                 one
                 opinion
                 ,
                 and
                 some
                 of
                 another
                 .
              
               Sir
               ,
               said
               I
               ,
               do
               you
               think
               it
               was
               well
               done
               to
               murther
               the
               
               King
               ?
               saith
               he
               ,
               I
               
                 will
                 not
                 make
                 you
                 my
                 Confessor
                 ,
                 Sir
                 ,
              
               it
               was
               much
               to
               this
               purpose
               .
            
          
           
             
               Coun.
               
            
             
               When
               was
               this
               spoken
               ?
            
          
           
             
               Lord
               Elect.
               
            
             
               Truly
               I
               do
               not
               know
               the
               day
               ,
               but
               it
               was
               that
               day
               that
               Sir
               
                 H.
                 M.
              
               rendered
               himself
               to
               the
               Speaker
               ,
               it
               was
               since
               the
               coming
               in
               of
               the
               King.
               
            
          
           
             
               M.
               Sol.
               
            
             
               Neither
               time
               nor
               the
               hand
               of
               God
               appearing
               in
               this
               business
               ,
               nor
               the
               condition
               he
               was
               in
               ,
               was
               ever
               able
               to
               bring
               this
               Gentleman
               to
               be
               sorry
               for
               his
               offence
               ;
               but
               we
               do
               not
               give
               it
               as
               any
               evidence
               of
               his
               crimes
               :
               You
               have
               heard
               the
               Prisoner
               confess
               the
               two
               Warrants
               ;
               You
               have
               heard
               by
               several
               witnesses
               produced
               ,
               that
               he
               did
               sit
               in
               that
               which
               they
               called
               the
               High-Court
               of
               Justice
               ,
               by
               three
               ,
               that
               he
               sat
               particularly
               on
               that
               day
               they
               called
               the
               day
               of
               their
               Judgment
               ;
               you
               have
               heard
               how
               little
               penitence
               he
               hath
               had
               ,
               by
               his
               Declaration
               to
               the
               Lord
               Mayor
               Elect.
               
            
          
           
             
               Scr.
               
            
             
               I
               hope
               now
               that
               you
               have
               heard
               the
               Evidence
               against
               me
               ,
               that
               you
               will
               give
               me
               leave
               to
               make
               some
               defence
               for
               my self
               .
            
          
           
             
               L.
               C.
               Bar.
               
            
             
               God
               forbid
               otherwise
               ,
               but
               that
               you
               should
               have
               free
               liberty
               .
            
          
           
             
               Scr.
               
            
             
               Truly
               my
               Lords
               ,
               though
               my
               breeding
               hath
               not
               been
               in
               the
               way
               of
               the
               Laws
               ,
               and
               therefore
               I
               have
               a
               great
               disadvantage
               ,
               when
               there
               be
               such
               learned
               Gentlemen
               as
               these
               are
               to
               plead
               against
               me
               .
               I
               must
               confess
               to
               you
               ,
               I
               have
               something
               for
               matter
               of
               Law
               to
               plead
               for
               the
               justification
               of
               the
               fact
               ,
               though
               I
               would
               not
               undertake
               to
               justifie
               the
               person
               ,
               this
               I
               humbly
               entreat
               ,
               if
               it
               may
               be
               granted
               ,
               that
               I
               may
               have
               some
               time
               given
               me
               and
               some
               Councel
               ,
               that
               I
               may
               answer
               matter
               of
               Law.
               
            
          
           
             
               L.
               C.
               Bar.
               
            
             
               M.
               Scroop
               ,
               if
               you
               have
               any
               thing
               of
               matter
               of
               Law
               ,
               for
               which
               you
               would
               have
               Councel
               ,
               you
               must
               alledge
               that
               matter
               first
               ;
               the
               use
               of
               Councel
               is
               only
               to
               put
               in
               certainty
               ,
               what
               you
               have
               of
               matter
               of
               Law
               ,
               and
               then
               the
               Court
               and
               Judges
               must
               judge
               of
               it
               .
               If
               you
               have
               
               matter
               of
               Law
               ,
               you
               must
               tell
               what
               it
               is
               ;
               if
               it
               be
               matter
               that
               there
               is
               cause
               to
               over-rule
               it
               ,
               there
               is
               no
               cause
               of
               making
               further
               use
               of
               Councel
               .
               If
               one
               be
               Indicted
               for
               murther
               ,
               when
               he
               comes
               to
               Tryal
               ,
               he
               will
               say
               ,
               I
               have
               matter
               of
               Law
               to
               plead
               ;
               What
               is
               that
               ?
               That
               Murther
               is
               no
               felony
               :
               Do
               you
               think
               Councel
               will
               be
               admitted
               in
               this
               ?
               If
               you
               do
               alledge
               what
               this
               matter
               is
               wherein
               you
               desire
               Councel
               ,
               you
               shall
               have
               your
               answer
               .
            
          
           
             
               Scr.
               
            
             
               My
               Lords
               ,
               as
               well
               as
               I
               am
               able
               to
               do
               it
               I
               shall
               do
               it
               ;
               my
               Lord
               ,
               I
               was
               not
               of
               the
               Parliament
               ;
               take
               notice
               of
               that
               ,
               and
               that
               which
               was
               done
               in
               the
               High
               Court
               of
               Justice
               ,
               it
               was
               done
               by
               a
               Commission
               from
               the
               Parliament
               .
               My
               Lord
               ,
               it
               was
               that
               Authority
               which
               was
               then
               ,
               I
               will
               not
               say
               it
               was
               so
               ,
               because
               I
               would
               not
               give
               offence
               ;
               it
               was
               that
               Authority
               then
               which
               was
               accounted
               the
               supreme
               Authority
               of
               the
               Nation
               ;
               and
               that
               Authority
               ,
               My
               Lord
               ,
               that
               a
               great
               many
               of
               the
               generality
               of
               the
               Nation
               submitted
               to
               .
               My
               Lord
               ,
               I
               having
               received
               a
               command
               from
               that
               Authority
               ,
               what
               I
               did
               was
               in
               obedience
               to
               that
               Authority
               :
               My
               Lord
               ,
               I
               have
               not
               had
               time
               to
               consider
               of
               these
               things
               ,
               because
               I
               have
               been
               for
               these
               six
               weeks
               time
               shut
               up
               a
               close
               Prisoner
               ,
               and
               that
               I
               could
               neither
               come
               at
               Councel
               nor
               any
               thing
               else
               ,
               nor
               to
               get
               any
               thing
               to
               prepare
               for
               it
               ;
               therefore
               I
               desire
               your
               Lordships
               to
               do
               me
               the
               savour
               ,
               if
               you
               see
               any
               weight
               in
               it
               ,
               to
               let
               me
               have
               time
               and
               Councel
               assigned
               me
               .
            
          
           
             
               L.
               C.
               Bar.
               
            
             
               Have
               you
               done
               Sir.
               
            
          
           
             
               Scr.
               
            
             
               Yes
               .
            
          
           
             
               L.
               C.
               Bar.
               
            
             
               Then
               I
               take
               it
               ,
               this
               is
               the
               effect
               of
               what
               you
               have
               said
               ,
               if
               I
               have
               not
               taken
               it
               aright
               tell
               me
               so
               ;
               You
               say
               you
               justifie
               the
               fact
               though
               not
               your
               Person
               ;
               That
               you
               were
               not
               of
               the
               Parliament
               ;
               That
               what
               was
               done
               was
               by
               Commission
               from
               the
               Parliament
               :
               Be
               pleased
               not
               to
               mistake
               me
               ;
               for
               I
               say
               you
               said
               this
               :
               That
               that
               which
               I
               have
               to
               plead
               in
               justification
               of
               it
               ,
               I
               do
               not
               say
               that
               I
               justifie
               my self
               ,
               but
               that
               which
               I
               have
               to
               say
               is
               for
               justification
               of
               the
               Fact
               :
               I
               was
               first
               no
               contriver
               of
               the
               business
               ;
               
               And
               then
               secondly
               ,
               I
               did
               it
               by
               virtue
               of
               the
               Command
               ,
               and
               in
               obedience
               to
               the
               Authority
               of
               the
               Parliament
               :
               That
               that
               Authority
               was
               then
               accounted
               the
               Supream
               Authority
               of
               the
               Nations
               ,
               and
               that
               the
               Generality
               of
               the
               Nations
               did
               submit
               to
               their
               Authority
               ;
               I
               think
               I
               have
               repeated
               all
               you
               have
               said
               .
               Then
               Mr.
               Scroop
               you
               must
               know
               this
               ,
               That
               there
               is
               no
               cause
               at
               all
               why
               Councel
               should
               be
               given
               for
               what
               you
               speak
               ;
               I
               profess
               it
               rather
               tends
               to
               the
               aggravation
               than
               extenuation
               of
               what
               you
               did
               .
               First
               ,
               you
               say
               you
               did
               it
               by
               Authority
               of
               Parliament
               ,
               I
               am
               afraid
               you
               have
               been
               mistaken
               as
               well
               as
               others
               ,
               by
               the
               word
               Parliament
               ,
               what
               doth
               that
               mean
               ?
               I
               am
               sure
               you
               and
               e-every
               one
               knows
               that
               there
               was
               not
               one
               Precedent
               ever
               heard
               of
               ,
               till
               this
               ,
               That
               the
               House
               of
               Commons
               should
               take
               upon
               them
               the
               Legislative
               Power
               ,
               and
               make
               such
               an
               Act
               as
               this
               was
               ,
               there
               was
               no
               colour
               for
               it
               .
               Then
               for
               men
               upon
               their
               own
               heads
               never
               heard
               of
               before
               ,
               and
               against
               the
               Liberty
               and
               Fredome
               of
               the
               People
               ,
               that
               they
               should
               call
               it
               the
               Parliament
               when
               there
               was
               but
               46
               sate
               ,
               whereas
               there
               was
               above
               240
               excluded
               ;
               and
               how
               you
               can
               call
               this
               a
               House
               of
               Commons
               is
               a
               great
               wonder
               to
               me
               ;
               but
               I
               tell
               you
               this
               take
               it
               for
               granted
               ,
               that
               if
               they
               were
               the
               most
               perfect
               House
               of
               Commons
               that
               could
               be
               :
               Did
               ever
               the
               House
               of
               Commons
               before
               this
               single
               Act
               ,
               take
               upon
               them
               the
               Legislative
               Powers
               without
               the
               Lords
               ?
               The
               Acts
               are
               begun
               in
               the
               Commons
               House
               ;
               when
               you
               have
               done
               ,
               if
               the
               Lords
               not
               pass
               it
               ,
               it
               is
               a
               bortive
               ;
               if
               it
               be
               done
               by
               both
               Houses
               ,
               there
               ought
               to
               be
               a
               Royal
               assent
               :
               But
               the
               Lords
               had
               rejected
               this
               Act
               ;
               then
               they
               must
               take
               upon
               them
               ,
               these
               46
               men
               ,
               whereof
               I
               do
               believe
               there
               was
               not
               above
               25
               or
               26
               men
               that
               did
               vote
               this
               ,
               and
               this
               must
               be
               called
               the
               Parliament
               ,
               the
               Commons
               of
               England
               .
               I
               would
               fain
               know
               whether
               any
               man
               hath
               heard
               ,
               that
               the
               House
               of
               Commons
               took
               upon
               them
               the
               Legislative
               power
               before
               this
               Act
               ?
               but
               this
               hath
               been
               over-ruled
               in
               the
               like
               Case
               ,
               and
               I
               shall
               say
               no
               more
               to
               it
               .
               What
               is
               the
               Oath
               of
               Allegiance
               ?
               is
               it
               not
               that
               you
               would
               defend
               the
               King
               ,
               his
               Crown
               ,
               Rights
               and
               Liberties
               ,
               against
               all
               persons
               whatsoever
               ?
               It
               was
               not
               
               only
               against
               the
               Pope
               ,
               (
               as
               some
               would
               have
               it
               )
               but
               the
               word
               is
               ,
               
                 or
                 otherwise
              
               :
               They
               broke
               the
               oath
               of
               Supremacy
               :
               which
               was
               ,
               
                 That
                 the
                 King
                 was
                 the
                 Supreme
                 Governour
                 of
                 these
                 Nations
                 :
              
               They
               swore
               that
               they
               would
               maintain
               and
               keep
               all
               Priviledges
               ,
               Immunities
               ,
               Preheminencies
               ,
               annexed
               to
               the
               Imperial
               Crown
               of
               this
               Realm
               ;
               there
               is
               difference
               between
               some
               Crowns
               ,
               and
               Imperial
               Crowns
               ;
               An
               Imperial
               Crown
               ,
               it
               was
               that
               which
               was
               not
               to
               be
               touched
               in
               the
               Person
               :
               We
               do
               not
               speak
               any
               thing
               of
               the
               absoiute
               Power
               of
               the
               King
               ;
               for
               you
               see
               he
               cannot
               Judge
               concerning
               the
               Death
               of
               his
               Father
               ,
               but
               by
               Lawes
               .
               When
               you
               swore
               this
               Allegiance
               ,
               all
               those
               Members
               of
               break
               all
               this
               at
               once
               ,
               This
               would
               be
               so
               far
               from
               having
               any
               colour
               of
               Authority
               ,
               that
               he
               that
               justifies
               it
               ,
               justifies
               it
               against
               the
               light
               of
               Conscience
               and
               Laws
               .
               You
               say
               you
               did
               it
               by
               Commandment
               from
               them
               ;
               He
               that
               doth
               a
               Command
               by
               such
               an
               Authority
               ,
               it
               is
               his
               guilt
               :
               Our
               Law-Books
               say
               ,
               That
               if
               a
               Court
               at
               Common-Law
               exceed
               their
               Jurisdiction
               ,
               in
               that
               Case
               ,
               he
               that
               obeys
               that
               Command
               is
               punishable
               .
               In
               the
               Court
               of
               Common-Pleas
               ,
               if
               there
               be
               an
               Appeal
               there
               for
               Murther
               ,
               it
               is
               only
               proper
               to
               the
               Upper
               Bench
               ;
               and
               therefore
               if
               the
               party
               be
               condemned
               ,
               sentenced
               ,
               and
               executed
               thereupon
               ,
               the
               Executioner
               in
               that
               Case
               is
               guilty
               of
               Murther
               ,
               for
               obeying
               that
               Authority
               which
               was
               indeed
               no
               Authority
               :
               And
               therefore
               whereas
               you
               would
               go
               about
               to
               justifie
               the
               Fact
               ,
               because
               you
               did
               it
               by
               Command
               of
               that
               Authority
               ,
               that
               is
               an
               Aggravation
               ,
               That
               when
               men
               shall
               assume
               an
               Authority
               which
               is
               a
               Devil
               at
               the
               noon-day
               ,
               appearing
               without
               Vizors
               ;
               I
               say
               ,
               shall
               assume
               an
               Authority
               never
               heard
               of
               before
               ,
               If
               men
               will
               countenance
               their
               Acts
               by
               obeying
               of
               them
               ,
               it
               is
               an
               Aggravation
               :
               We
               have
               already
               Declared
               this
               in
               the
               Case
               of
               the
               Prisoner
               yesterday
               ;
               We
               are
               all
               satisfied
               in
               the
               Law
               in
               that
               Case
               :
               It
               is
               so
               clear
               a
               Point
               in
               Law
               ,
               that
               my
               Brethren
               here
               and
               we
               did
               over-rule
               it
               yesterday
               in
               the
               like
               Case
               ,
               and
               so
               We
               must
               now
               ;
               and
               I
               hope
               that
               all
               do
               concur
               in
               this
               Opinion
               ,
               that
               hath
               been
               delivered
               .
            
          
           
             
               Lord
               Finch
               .
            
             
               I
               hope
               all
               do
               concur
               in
               this
               opinion
               delivered
               
               by
               my
               Lord
               Chief
               Baron
               :
               You
               shelter
               your self
               under
               a
               Command
               of
               the
               House
               of
               Commons
               ,
               But
               let
               me
               tell
               you
               and
               all
               the
               Word
               ,
               That
               if
               the
               House
               of
               Commons
               (
               let
               it
               have
               been
               never
               so
               compleat
               )
               had
               given
               a
               Command
               ,
               it
               had
               been
               a
               thing
               no
               ways
               justifiable
               ;
               the
               Justification
               is
               an
               Aggravation
               .
            
          
           
             
               Scr.
               
            
             
               My
               Lord
               ,
               I
               do
               see
               that
               every
               thing
               I
               speak
               ,
               though
               it
               be
               for
               clearing
               of
               my self
               from
               your
               ill
               opinion
               ,
               I
               see
               it
               is
               taken
               in
               an
               ill
               sence
               (
               I
               humhly
               beseech
               pardon
               for
               the
               Expression
               )
               if
               I
               erre
               I
               will
               crave
               your
               Lordships
               pardon
               ;
               But
               my
               Lord
               ,
               I
               say
               this
               ,
               If
               I
               have
               been
               misled
               ,
               I
               am
               not
               a
               single
               person
               that
               have
               been
               misled
               .
               My
               Lord
               ,
               I
               could
               say
               ,
               (
               but
               I
               think
               it
               doth
               not
               become
               me
               to
               say
               so
               )
               That
               I
               see
               a
               great
               many
               faces
               at
               this
               time
               that
               were
               misled
               as
               well
               as
               my self
               ;
               But
               that
               I
               will
               not
               insist
               upon
               :
               I
               say
               this
               ,
               That
               I
               hope
               an
               Error
               in
               Judgment
               shall
               not
               be
               accounted
               Malice
               ,
               or
               an
               Error
               of
               the
               Will
               :
               Truly
               (
               my
               Lord
               )
               I
               never
               went
               to
               the
               work
               with
               a
               malicious
               heart
               :
               I
               humbly
               desire
               your
               Lordships
               to
               take
               notice
               of
               it
               ,
               That
               I
               never
               bore
               any
               malice
               at
               all
               against
               his
               late
               Majesty
               .
            
          
           
             
               L.
               C.
               Bar.
               
            
             
               Mr.
               Scroop
               have
               you
               done
               ?
            
          
           
             
               Scr.
               
            
             
               My
               Lord
               ,
               I
               do
               beseech
               your
               Lordships
               to
               take
               notice
               ,
               That
               an
               Error
               in
               Judgement
               is
               not
               an
               Error
               in
               the
               Will.
               
            
          
           
             
               L.
               C.
               Bar.
               
            
             
               Mr.
               Scroop
               ,
               I
               am
               very
               glad
               to
               hear
               you
               say
               so
               ;
               But
               let
               me
               tell
               you
               what
               the
               Law
               saith
               ;
               The
               Law
               in
               this
               Case
               treates
               the
               malice
               .
               If
               a
               man
               do
               an
               act
               of
               this
               nature
               ,
               that
               may
               be
               some
               kind
               of
               excuse
               to
               God
               ,
               but
               towards
               man
               you
               are
               to
               look
               to
               the
               Fact
               ,
               the
               Law
               implies
               the
               malice
               .
               If
               there
               be
               any
               thing
               you
               will
               say
               in
               the
               Extenuation
               of
               your
               offence
               ,
               we
               will
               be
               very
               glad
               to
               hear
               that
               may
               tend
               to
               your
               help
               .
            
          
           
             
               Scr.
               
            
             
               My
               Lord
               ,
               There
               is
               one
               Evidence
               comes
               in
               against
               me
               ,
               that
               I
               must
               confess
               that
               I
               am
               very
               sorry
               to
               see
               ;
               and
               my
               Lord
               there
               was
               a
               saying
               ,
               it
               is
               by
               my
               
                 Lord
                 Mayor
                 Elect
              
               :
               Truly
               he
               is
               a
               worthy
               ,
               
               Gentleman
               ,
               but
               I
               desire
               the
               Lord
               may
               forgive
               that
               which
               he
               hath
               spoken
               :
               Truly
               my
               Lord
               ,
               I
               did
               never
               intend
               any
               thing
               in
               this
               ,
               neither
               can
               I
               directly
               remember
               that
               I
               spake
               those
               words
               directly
               ,
               as
               my
               
                 Lord
                 Mayor
                 Elect
              
               doth
               spake
               :
               I
               do
               believe
               my
               
                 Lord
                 Mayor
              
               cannot
               very
               well
               remember
               them
               himself
               ;
               for
               he
               saith
               ,
               So
               far
               as
               he
               can
               remember
               ;
               I
               must
               confess
               that
               when
               I
               was
               there
               ,
               and
               had
               appeared
               according
               to
               the
               Proclamation
               ,
               that
               such
               discourse
               somewhat
               like
               it
               was
               raised
               ,
               not
               of
               my
               procuring
               ,
               I
               did
               not
               procure
               the
               Discourse
               ;
               I
               never
               intended
               the
               Justification
               of
               the
               Fact
               ;
               but
               it
               was
               my
               ill
               success
               that
               I
               should
               meet
               with
               that
               worthy
               Gentleman
               to
               have
               so
               much
               discourse
               with
               him
               .
            
          
           
             
               L.
               C.
               Bar.
               
            
             
               Mr.
               Scroop
               ,
               my
               Lord
               Mayor
               Elect
               saith
               no
               further
               then
               this
               ,
               
                 So
                 far
                 as
                 he
                 remembers
              
               ,
               and
               the
               words
               that
               you
               should
               say
               ,
               were
               these
               ,
               
                 That
                 some
                 are
                 of
                 one
                 opinion
                 ,
                 and
                 some
                 are
                 of
                 another
                 .
              
            
          
           
             
               Scr.
               
            
             
               Vpon
               the
               death
               of
               the
               King
               
                 (
                 My
                 Lord
              
               )
               I
               mnst
               confesse
               to
               you
               ,
               that
               somewhat
               I
               said
               to
               him
               ,
               but
               I
               cannot
               own
               that
               I
               said
               those
               words
               .
               
                 My
                 Lords
              
               ,
               He
               is
               a
               worthy
               person
               ,
               I
               do
               not
               desire
               to
               spake
               any
               thing
               to
               degenerate
               in
               the
               least
               kind
               from
               him
               ,
               it
               is
               but
               his
               yea
               and
               my
               no
               ,
               there
               was
               nobody
               there
               .
            
          
           
             
               L.
               C.
               Bar.
               
            
             
               Have
               you
               any
               thing
               more
               to
               say
               for
               your self
               ?
            
          
           
             
               Scr.
               
            
             
               My
               Lord
               ,
               if
               your
               Lordship
               do
               over-rule
               it
               so
               that
               I
               may
               not
               have
               Councel
               ,
               I
               have
               little
               more
               to
               say
               .
            
          
           
             
               L.
               C.
               Bar.
               
            
             
               You
               have
               heard
               the
               sence
               of
               the
               Court
               in
               that
               particular
               ,
               you
               cannot
               have
               Councel
               allowed
               you
               as
               to
               the
               matter
               you
               have
               pleaded
               .
            
          
           
             
               Scr.
               
            
             
               I
               have
               done
               but
               only
               this
               ,
               My
               Lords
               ,
               I
               know
               not
               whether
               it
               be
               seasonable
               to
               mention
               it
               ,
               I
               came
               in
               upon
               the
               Proclamation
               ;
               and
               My
               Lord
               ,
               by
               means
               of
               these
               unhappy
               words
               that
               have
               been
               reported
               of
               me
               in
               the
               House
               of
               Commons
               ,
               whereas
               before
               I
               was
               no
               excepted
               person
               ,
               I
               came
               to
               
               be
               excepted
               ,
               and
               upon
               the
               very
               last
               day
               of
               passing
               that
               Act
               ,
               never
               was
               excepted
               before
               the
               very
               last
               day
               :
               I
               beseech
               you
               take
               notice
               of
               this
               .
            
          
           
             
               L.
               C.
               Bar.
               
            
             
               Mr.
               Scroop
               ,
               That
               is
               a
               thing
               that
               is
               not
               before
               us
               ,
               but
               there
               will
               be
               a
               proper
               time
               to
               consider
               of
               it
               in
               another
               place
               ,
               that
               is
               nothing
               to
               the
               Tryal
               ;
               have
               you
               any
               more
               to
               say
               ,
               Sir
               ?
            
          
           
             
               Scr.
               
            
             
               No
               ,
               My
               Lord
               ;
               Will
               your
               Lordship
               please
               to
               let
               me
               speak
               a
               word
               to
               the
               Jury
               .
            
          
           
             
               L.
               Ch.
               Baron
               .
            
             
               If
               you
               speak
               to
               the
               Court
               ,
               the
               Jury
               will
               hear
               it
               .
            
          
           
             
               Scr.
               
            
             
               Truly
               my
               Lord
               ,
               This
               I
               do
               perceive
               ,
               that
               I
               am
               under
               a
               very
               great
               prejudice
               as
               to
               this
               fact
               .
               It
               hath
               been
               the
               case
               of
               many
               Gentlemen
               besides
               my self
               ,
               I
               desire
               that
               these
               Gentlemen
               would
               take
               my
               case
               into
               consideration
               ,
               as
               they
               would
               their
               own
               ,
               and
               I
               desire
               that
               the
               Lord
               would
               give
               them
               direction
               that
               they
               may
               do
               that
               which
               is
               according
               to
               Justice
               and
               Mercy
               ;
               that
               is
               all
               I
               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
               ,
               to
               pronounce
               Judgment
               against
               his
               Soveraign
               .
               In
               this
               he
               rested
               not
               ,
               but
               he
               among
               them
               set
               his
               Hand
               and
               Seal
               to
               that
               bloody
               Roll
               or
               Warrant
               for
               putting
               him
               to
               death
               ,
               which
               accordingly
               was
               done
               ,
               and
               to
               these
               several
               open
               acts
               we
               shall
               call
               out
               Witnesses
               ,
               and
               so
               proceed
               .
            
          
           
             M.
             Masterson
             ,
             M.
             Clark
             ,
             and
             M.
             Kirk
             sworn
             .
          
           
             
               Coun.
               
            
             
               M.
               Masterson
               ,
               look
               upon
               the
               prisoner
               ,
               did
               you
               see
               him
               sit
               ,
               in
               that
               they
               called
               the
               High
               Court
               of
               Justice
               ?
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               Mr.
               Carew
               ,
               if
               you
               will
               have
               pen
               ,
               ink
               ,
               and
               paper
               ,
               you
               may
               have
               it
               ,
               pray
               call
               for
               it
               .
            
          
           
             
               Carew
               .
            
             
               I
               have
               no
               need
               of
               it
               .
            
          
           
             
               Coun.
               
            
             
               Mr.
               Masterson
               ,
               did
               you
               see
               ,
               &c.
               
            
          
           
             
               Ma.
               
            
             
               My
               Lords
               ,
               and
               Gentlemen
               of
               the
               Jury
               ,
               I
               was
               present
               
               at
               that
               Assembly
               ,
               which
               they
               called
               the
               High
               Court
               of
               Justice
               for
               Tryal
               of
               the
               King
               ,
               upon
               the
               22
               ,
               23
               ,
               and
               27th
               .
               days
               of
               Jan.
               1648.
               and
               there
               I
               saw
               the
               King
               stand
               a
               Prisoner
               at
               the
               Bar.
               I
               saw
               this
               Gentleman
               the
               Prisoner
               at
               the
               Bar
               sit
               upon
               the
               Bench
               in
               that
               Court
               ,
               as
               one
               of
               his
               Majesties
               Judges
               ,
               particularly
               upon
               the
               27th
               .
               day
               of
               Jan.
               which
               was
               the
               day
               of
               Sentence
               ,
               I
               saw
               him
               sitting
               there
               .
            
          
           
             
               Coun.
               
            
             
               Mr.
               Clark
               ,
               You
               hear
               the
               Question
               ;
               Do
               you
               remember
               that
               you
               saw
               the
               Prisoner
               at
               the
               Bar
               sitting
               in
               that
               which
               they
               called
               the
               High
               Court
               of
               Justice
               ?
            
          
           
             
               Mr.
               Clark.
               
            
             
               I
               remember
               I
               saw
               the
               Prisoner
               at
               the
               Bar
               sitting
               in
               that
               which
               they
               called
               the
               High
               Court
               of
               Justice
               ,
               for
               the
               Trial
               of
               the
               late
               King
               ,
               and
               particularly
               I
               took
               notice
               upon
               the
               23.
               and
               27th
               .
               of
               Jan.
               1648.
               that
               he
               was
               present
               .
            
          
           
             
               Coun.
               
            
             
               What
               was
               done
               upon
               that
               27th
               .
               day
               ?
            
          
           
             
               Mr.
               Clark.
               
            
             
               The
               27th
               .
               day
               the
               late
               King
               was
               sentenced
               to
               death
               .
            
          
           
             
               Jury
               .
            
             
               What
               is
               your
               Name
               ,
               Sir
               ?
            
          
           
             
               Coun.
               
            
             
               His
               Name
               is
               
                 William
                 Clark.
              
               
            
          
           
             
               Coun.
               
            
             
               Mr.
               Kirk
               ,
               What
               say
               you
               to
               the
               former
               Question
               touching
               the
               Prisoner
               ,
               his
               being
               at
               that
               ,
               which
               they
               called
               the
               High
               Court
               of
               Justice
               ?
            
          
           
             
               Mr.
               Kirk
               .
            
             
               My
               Lords
               and
               Gentlemen
               of
               the
               Jury
               ,
               I
               was
               present
               at
               the
               Tryal
               of
               his
               late
               Majesty
               of
               blessed
               memory
               ,
               I
               saw
               that
               Gentleman
               the
               Prisoner
               at
               the
               Bar
               several
               days
               there
               ,
               particularly
               the
               day
               of
               the
               Sentence
               ,
               which
               was
               the
               27th
               .
               day
               of
               Jan.
               1648.
               when
               the
               Sentence
               was
               passed
               ,
               he
               rose
               up
               ,
               assenting
               to
               it
               .
               Then
               the
               Warrant
               for
               summoning
               that
               pretended
               Court
               was
               shewed
               to
               Mr.
               Kirk
               .
            
          
           
             
             
               Coun.
               
            
             
               Do
               you
               believe
               that
               Hand
               to
               be
               the
               Hand
               of
               Mr.
               
                 Jo.
                 Carew
              
               ,
               Prisoner
               at
               the
               Bar
               ?
            
          
           
             
               Kirk
               .
            
             
               My
               Lords
               ,
               I
               do
               believe
               it
               to
               be
               his
               Hand
               ,
               I
               have
               seen
               his
               Hand
               to
               several
               Orders
               ,
               and
               being
               very
               well
               acquainted
               with
               his
               Hand-writing
               ,
               I
               believe
               it
               to
               be
               his
               Hand
               as
               much
               as
               any
               Man
               can
               possibly
               know
               another
               man's
               Hand
               .
               Then
               the
               Warrant
               for
               Execution
               of
               the
               King
               was
               likewise
               shewn
               him
               .
            
          
           
             
               Coun.
               
            
             
               Is
               that
               the
               Hand
               also
               of
               the
               Prisoner
               at
               the
               Bar
               ?
            
          
           
             
               Kirk
               .
            
             
               It
               is
               the
               same
               Hand
               ,
               my
               Lord.
               
            
          
           
             
               Court.
               
            
             
               Was
               Mr.
               Carew
               a
               Member
               of
               the
               Long
               Parliament
               ?
            
          
           
             
               K.
               
            
             
               Yes
               ,
               My
               Lord.
               
            
          
           
             
               Coun.
               
            
             
               Had
               you
               occasion
               to
               be
               acquainted
               with
               his
               hand
               ?
            
          
           
             
               K.
               
            
             
               My
               Lord
               ,
               I
               have
               seen
               him
               set
               his
               hand
               several
               times
               to
               Orders
               and
               other
               Papers
               .
            
          
           
             Mr.
             Farrington
             sworn
             .
          
           
             
               Coun.
               
            
             
               Do
               you
               know
               
                 (
                 the
                 Warrants
                 being
                 shewn
                 him
                 )
              
               those
               hands
               to
               be
               the
               writing
               of
               the
               Prisoner
               at
               the
               Bar
               ?
            
          
           
             
               Far.
               
            
             
               My
               Lords
               ,
               really
               I
               believe
               these
               are
               his
               hands
               .
            
          
           
             
               Court.
               
            
             
               Are
               you
               acquainted
               with
               his
               hand
               ?
            
          
           
             
               Far.
               
            
             
               Yes
               ,
               My
               Lord
               ,
               and
               I
               do
               believe
               these
               to
               be
               his
               hand-writing
               ,
               I
               did
               not
               see
               him
               write
               them
               ,
               but
               so
               far
               as
               possibly
               a
               man
               can
               know
               anothers
               writing
               ,
               I
               do
               believe
               these
               to
               be
               his
               .
            
          
           
             
               Court.
               
            
             
               If
               you
               will
               ask
               to
               see
               them
               ,
               you
               may
               see
               them
               Mr.
               Carew
               .
            
          
           
             
             
               Ca.
               
            
             
               Please
               you
               to
               go
               on
               .
            
             
               Here
               they
               were
               both
               read
               .
            
          
           
             
               Coun.
               
            
             
               May
               it
               please
               your
               Lordships
               ,
               we
               shall
               not
               need
               to
               trouble
               the
               Jury
               any
               further
               ,
               we
               have
               proved
               that
               the
               Prisoner
               did
               sign
               that
               Warrant
               for
               summoning
               that
               Court
               of
               Injustice
               ;
               that
               he
               sate
               there
               and
               sentenced
               the
               King
               to
               death
               among
               other
               ,
               and
               that
               he
               signed
               the
               Warrant
               for
               execution
               .
            
          
           
             
               L.
               Chief
               Baron
               .
            
             
               M.
               Carew
               ,
               you
               have
               heard
               the
               evidence
               ,
               you
               may
               please
               to
               speak
               what
               you
               think
               fit
               for
               your self
               .
            
          
           
             
               Ca.
               
            
             
               My
               Lords
               ,
               the
               crimes
               that
               are
               here
               laid
               to
               my
               charge
               in
               this
               Indictment
               ,
               are
               Treason
               and
               Murther
               .
            
          
           
             
               L.
               Chief
               .
               Baron
               .
            
             
               I
               would
               not
               have
               you
               to
               be
               mis-informed
               ,
               it
               is
               Treason
               onely
               ,
               but
               it
               carries
               the
               other
               in
               with
               it
               ,
               Murther
               .
            
          
           
             
               Ca.
               
            
             
               Because
               you
               say
               it
               carries
               the
               other
               inclusively
               .
            
          
           
             
               L.
               Chief
               .
               Baron
               ,
            
             
               It
               doth
               ,
               the
               charge
               is
               the
               compassing
               and
               imagining
               the
               death
               of
               the
               King
               ,
               the
               other
               is
               but
               evidence
               .
            
          
           
             
               Ca.
               
            
             
               Then
               the
               thing
               that
               I
               stand
               upon
               before
               the
               Lord
               ,
               and
               before
               you
               all
               ,
               I
               say
               before
               the
               Lord
               ,
               before
               whom
               we
               must
               all
               stand
               ,
               and
               give
               an
               account
               of
               this
               action
               ,
               which
               is
               a
               very
               great
               and
               weighty
               one
               :
               And
               whereas
               it
               is
               charged
               there
               ,
               for
               I
               shall
               not
               trouble
               you
               with
               many
               words
               as
               to
               the
               particulars
               ,
               or
               as
               to
               the
               proofs
               ;
               but
               I
               shall
               ingeniously
               acknowledg
               what
               the
               truth
               is
               ,
               and
               how
               far
               I
               can
               believe
               it
               :
               and
               therefore
               I
               say
               as
               to
               the
               beginning
               of
               what
               was
               charg'd
               by
               the
               Council
               ,
               and
               according
               to
               the
               course
               of
               the
               Indictment
               ,
               that
               what
               was
               done
               in
               those
               things
               ,
               that
               it
               was
               not
               having
               the
               fear
               of
               God
               before
               mine
               eyes
               ,
               but
               being
               moved
               by
               the
               Devil
               ,
               and
               that
               it
               was
               done
               with
               a
               Trayterous
               ,
               Malicious
               ,
               and
               Devilish
               heart
               ,
               and
               all
               those
               things
               mentioned
               in
               the
               Indictment
               :
               As
               for
               that
               I
               can
               say
               in
               the
               presence
               of
               the
               Lord
               ,
               who
               is
               the
               searcher
               of
               all
               hearts
               ,
               that
               what
               I
               
               did
               was
               in
               his
               fear
               ;
               and
               I
               did
               it
               in
               obedience
               to
               his
               holy
               and
               righteous
               Laws
               .
            
          
           
             Here
             the
             people
             hum'd
             —
          
           
             
               L.
               Chief
               Bar.
               
            
             
               Go
               on
               ,
               he
               stands
               for
               his
               Life
               ,
               let
               him
               have
               liberty
               .
            
          
           
             
               Ca.
               
            
             
               It
               is
               part
               of
               my
               charge
               not
               to
               have
               the
               fear
               of
               God
               ,
               &c.
               
               I
               did
               such
               and
               such
               things
               .
               I
               hope
               I
               may
               have
               liberty
               .
            
          
           
             
               L.
               Chief
               Bar.
               
            
             
               Go
               on
               ,
               you
               shall
               not
               be
               interrupted
               .
            
          
           
             
               Ca.
               
            
             
               I
               say
               that
               I
               did
               it
               in
               the
               fear
               of
               the
               Lord
               ,
               and
               I
               will
               begin
               with
               that
               ,
               and
               confess
               ingeniously
               the
               truth
               of
               it
               .
               When
               this
               came
               into
               question
               ,
               there
               was
               an
               Ordinance
               brought
               in
               to
               try
               the
               King
               ,
               where
               my
               name
               was
               not
               as
               one
               of
               the
               Judges
               .
               There
               was
               another
               afterwards
               ,
               an
               Act
               which
               I
               shall
               mention
               upon
               what
               ground
               by
               and
               by
               ,
               what
               that
               was
               ,
               and
               that
               Act
               was
               brought
               in
               and
               committed
               ,
               and
               names
               brought
               in
               ,
               and
               my
               Name
               was
               not
               brought
               in
               ,
               and
               so
               afterwards
               my
               name
               was
               put
               in
               ,
               and
               seeing
               it
               ,
               I
               did
               strike
               it
               out
               :
               After
               the
               Committee
               was
               up
               I
               told
               them
               ,
               I
               did
               desire
               to
               be
               excused
               in
               such
               a
               business
               .
               I
               have
               told
               you
               how
               ,
               wherein
               ,
               and
               the
               ground
               that
               I
               did
               it
               ,
               which
               I
               shall
               leave
               with
               the
               Lord
               ,
               in
               whose
               hand
               ,
               your
               and
               my
               breath
               ,
               and
               all
               our
               breaths
               are
               ;
               and
               therefore
               when
               it
               was
               so
               ,
               I
               did
               because
               of
               the
               weight
               of
               it
               ,
               as
               being
               a
               very
               great
               and
               special
               thing
               ,
               and
               so
               I
               was
               very
               unwilling
               ,
               because
               of
               there
               being
               enow
               ,
               which
               I
               thought
               had
               more
               experience
               every
               way
               for
               so
               great
               a
               concernment
               ,
               as
               that
               was
               ,
               to
               be
               imployed
               rather
               then
               I
               ,
               yet
               being
               satisfied
               with
               that
               Authority
               that
               did
               it
               ;
               This
               is
               to
               shew
               you
               how
               that
               I
               had
               the
               fear
               of
               the
               Lord
               ,
               and
               did
               weigh
               the
               things
               :
               After
               that
               ,
               when
               the
               Bill
               was
               brought
               into
               the
               house
               ,
               my
               name
               was
               put
               in
               there
               with
               several
               others
               ,
               so
               I
               came
               to
               be
               in
               ;
               and
               what
               I
               did
               was
               upon
               these
               two
               Accounts
               :
               First
               in
               obedience
               (
               as
               I
               told
               you
               )
               to
               the
               Lord
               ,
               which
               was
               the
               chief
               thing
               :
               And
               in
               obedience
               to
               that
               which
               was
               then
               the
               Supreme
               
               Authority
               of
               this
               Nation
               ;
               and
               therefore
               I
               shall
               mention
               these
               grounds
               very
               briefly
               ,
               because
               indeed
               the
               things
               that
               are
               controverted
               here
               at
               this
               time
               ,
               they
               have
               been
               controverted
               in
               the
               Face
               of
               the
               whole
               world
               in
               several
               Nations
               ;
               and
               the
               Lord
               hath
               given
               an
               answer
               upon
               solemn
               Appeals
               ,
               to
               these
               things
               ;
               I
               shall
               therefore
               mention
               them
               very
               briefly
               ,
               because
               they
               have
               been
               so
               publique
               .
               The
               Declarations
               and
               Remonstrances
               that
               have
               passed
               between
               the
               King
               and
               Parliament
               concerning
               the
               beginning
               of
               the
               Wars
               —
            
          
           
             
               L.
               Chief
               Baron
               .
            
             
               Mr.
               Ca.
               I
               would
               be
               very
               loth
               to
               interrupt
               you
               ;
               But
               I
               see
               what
               course
               is
               taken
               ,
               and
               the
               peoples
               eyes
               are
               upon
               you
               :
               You
               seek
               delays
               ,
               and
               against
               the
               course
               of
               Prisoners
               you
               say
               you
               will
               confess
               ;
               but
               you
               do
               confess
               the
               Fact
               after
               you
               have
               spent
               the
               time
               .
               And
               all
               the
               Witnesses
               are
               heard
               for
               this
               that
               you
               speak
               of
               now
               ;
               you
               go
               about
               to
               justifie
               as
               in
               the
               fear
               of
               the
               Lord
               ,
               or
               any
               thing
               of
               that
               nature
               ,
               that
               we
               cannot
               allow
               of
               ;
               but
               we
               do
               allow
               you
               to
               speak
               and
               give
               the
               heads
               of
               what
               you
               will
               say
               as
               to
               the
               matter
               of
               Fact
               ;
               but
               to
               hear
               you
               make
               discourses
               and
               debates
               which
               are
               a
               justification
               of
               a
               horrid
               and
               notorious
               Treason
               ,
               we
               cannot
               hear
               it
               ;
               we
               ought
               not
               to
               hear
               the
               maintaining
               of
               open
               Treason
               ;
               cannot
               hear
               you
               to
               speak
               that
               upon
               your
               opening
               ,
               which
               is
               Treason
               :
               We
               are
               willing
               that
               you
               open
               the
               Heads
               what
               you
               have
               to
               say
               ;
               we
               are
               upon
               our
               consciences
               ,
               and
               to
               appear
               before
               God
               for
               what
               we
               do
               ,
               and
               so
               are
               you
               too
               ;
               but
               remember
               the
               Devil
               sometimes
               appears
               in
               the
               habit
               of
               an
               Angel
               of
               light
               .
               If
               you
               will
               couch
               your
               matter
               in
               a
               few
               words
               ,
               the
               Court
               affords
               you
               liberty
               ,
               which
               is
               indeed
               beyond
               the
               strict
               Rules
               of
               Law.
               
            
          
           
             
               Ca.
               
            
             
               You
               say
               you
               sit
               here
               by
               the
               Laws
               of
               the
               Land
               ,
               and
               are
               sworn
               to
               maintain
               the
               Laws
               .
               We
               ought
               not
               that
               we
               should
               plead
               to
               this
               Indictment
               ,
               for
               what
               we
               did
               ,
               was
               by
               an
               Act
               of
               Parliament
               .
            
          
           
             
               Court.
               
            
             
               Pray
               Sir
               this
               must
               not
               be
               let
               fall
               without
               reproof
               ;
               or
               rather
               punishment
               .
            
          
           
             
             
               Ca.
               
            
             
               I
               believe
               there
               is
               no
               Precedent
               for
               it
               .
            
          
           
             
               Court.
               
            
             
               Sir
               ,
               We
               know
               the
               act
               of
               Parliament
               as
               well
               as
               you
               ,
               and
               most
               of
               the
               standers
               by
               :
               You
               go
               upon
               a
               false
               ground
               ,
               there
               was
               no
               such
               Act
               of
               the
               Supreme
               Authority
               as
               you
               pretend
               to
               ;
               these
               are
               but
               Phantasms
               of
               your
               own
               brain
               ,
               and
               must
               not
               be
               suffered
               ;
               these
               things
               have
               been
               controverted
               and
               decided
               many
               a
               time
               again
               and
               again
               .
            
          
           
             
               Ca.
               
            
             
               I
               desire
               to
               have
               time
               to
               speak
               how
               it
               was
               begun
               and
               carried
               on
               ,
               or
               else
               how
               shall
               I
               be
               able
               to
               make
               my
               defence
               ,
               or
               to
               tell
               you
               what
               are
               the
               Heads
               I
               wil
               insist
               upon
               ;
               I
               shall
               declare
               the
               grounds
               upon
               which
               the
               Parliament
               did
               proceed
               .
            
          
           
             
               L.
               Chief
               Baron
               .
            
             
               Mr.
               Carew
               ,
               If
               that
               be
               your
               ground
               ,
               the
               Parliament
               did
               it
               ,
               the
               House
               of
               Commons
               did
               it
               ,
               I
               have
               something
               to
               offer
               (
               not
               to
               interrupt
               you
               )
               to
               the
               then
               Commons
               —
            
          
           
             
               Ca.
               
            
             
               In
               my
               humble
               opinion
               for
               the
               maintaining
               of
               this
               ,
               It
               was
               by
               Authority
               ,
               the
               supreme
               Authority
               ,
               by
               which
               it
               was
               done
               .
            
          
           
             
               L.
               Chief
               Baron
               .
            
             
               Did
               you
               sign
               this
               Warrant
               for
               the
               summoning
               and
               warning
               of
               that
               Court
               ?
               And
               did
               you
               sign
               the
               Warrant
               for
               executing
               the
               late
               King.
               
            
          
           
             
               Ca.
               
            
             
               I
               desire
               I
               may
               go
               on
               with
               my
               defence
               .
            
          
           
             
               L.
               Chief
               Baron
               .
            
             
               We
               would
               not
               have
               you
               be
               mistaken
               ;
               You
               seem
               to
               confess
               the
               act
               ,
               and
               now
               you
               justifie
               it
               :
               you
               cannot
               speak
               any
               thing
               for
               your
               justification
               till
               you
               confess
               the
               fact
               .
            
          
           
             
               Ca.
               
            
             
               I
               shall
               speak
               to
               that
               in
               its
               time
               .
            
          
           
             
               L.
               Chief
               Baron
               .
            
             
               You
               must
               speak
               to
               that
               first
               that
               is
               matter
               of
               Fact
               ;
               whereupon
               the
               Jury
               are
               to
               go
               .
            
          
           
             
             
               Ca.
               
            
             
               There
               is
               matter
               of
               Law.
               
            
          
           
             
               Court.
               
            
             
               You
               must
               speak
               to
               matter
               of
               Fact
               first
               .
            
          
           
             
               Ca.
               
            
             
               I
               say
               this
               is
               that
               I
               was
               about
               to
               say
               ,
               That
               the
               Supreme
               Authority
               —
            
          
           
             
               Court.
               
            
             
               You
               must
               speak
               to
               the
               Fact
               first
               ,
               Whether
               you
               did
               compass
               ,
               &c.
               the
               Kings
               death
               or
               not
               ?
               that
               is
               the
               first
               ground
               ,
               if
               you
               did
               not
               ,
               there
               is
               an
               end
               of
               the
               business
               :
               It
               is
               proved
               against
               you
               that
               you
               did
               it
               ;
               if
               you
               come
               to
               justifie
               it
               ,
               it
               must
               be
               when
               you
               have
               first
               agreed
               the
               matter
               of
               Fact.
               
            
          
           
             
               Ca.
               
            
             
               I
               desire
               I
               may
               have
               liberty
               to
               proceed
               ,
               either
               for
               matter
               of
               Fact
               ,
               or
               Law
               as
               I
               list
               .
            
          
           
             
               Court.
               
            
             
               No
               ,
               no
               ,
               you
               must
               first
               speak
               to
               the
               Fact
               ,
               you
               may
               be
               after
               heard
               .
               You
               know
               in
               all
               cases
               they
               must
               begin
               with
               the
               Fact
               ,
               either
               denying
               or
               extenuating
               ;
               For
               matter
               of
               Law
               in
               this
               case
               must
               arise
               from
               the
               fact
               .
            
          
           
             
               Ca.
               
            
             
               But
               I
               humbly
               conceive
               there
               is
               a
               matter
               of
               Law
               in
               this
               case
               ,
               and
               it
               is
               matter
               of
               Law
               that
               is
               above
               the
               jurisdiction
               of
               this
               inferior
               Court.
               
            
          
           
             
               Mr.
               Sol.
               Finch
               ,
            
             
               I
               pray
               that
               he
               may
               be
               held
               to
               the
               issue
               ,
               Guilty
               or
               
                 Not
                 Guilty
              
               :
               If
               he
               deny
               the
               Fact
               ,
               let
               us
               relie
               upon
               our
               Evidence
               ,
               and
               he
               upon
               his
               ,
               he
               cannot
               come
               to
               Law
               till
               he
               hath
               confessed
               the
               Fact.
               The
               question
               is
               ,
               Whether
               you
               did
               or
               not
               ?
               there
               is
               the
               Fact
               ;
               if
               you
               have
               any
               thing
               to
               justifie
               ,
               that
               follows
               .
            
          
           
             
               Ca.
               
            
             
               I
               was
               upon
               that
               ,
               and
               going
               on
               to
               shew
               the
               reasons
               and
               grounds
               of
               it
               .
            
          
           
             
               Court.
               
            
             
               First
               you
               must
               confess
               it
               ,
               if
               you
               will
               shew
               the
               reasons
               why
               you
               did
               it
               .
            
          
           
             
             
               Ca.
               
            
             
               I
               told
               you
               there
               was
               some
               things
               I
               did
               .
            
          
           
             
               Coun.
               
            
             
               What
               are
               those
               some
               ?
            
          
           
             
               Ca.
               
            
             
               I
               do
               acknowledg
               that
               I
               was
               there
               at
               the
               Court.
               
            
          
           
             
               Coun.
               
            
             
               Did
               you
               sign
               the
               Warrants
               for
               summoning
               that
               Court
               ,
               and
               for
               Execution
               of
               the
               King
               ?
            
          
           
             
               Ca.
               
            
             
               Yes
               ,
               I
               did
               sign
               them
               both
               .
            
          
           
             
               Coun.
               
            
             
               Then
               say
               what
               you
               will.
               
            
          
           
             
               L.
               Chief
               Baron
               .
            
             
               Now
               go
               on
               .
            
          
           
             
               Ca.
               
            
             
               In
               the
               Year
               ,
               1640.
               there
               was
               a
               Parliament
               called
               according
               to
               the
               Laws
               and
               constitutions
               of
               this
               Nation
               ,
               and
               after
               that
               there
               was
               some
               difference
               between
               the
               King
               and
               the
               Parliament
               ,
               the
               two
               Houses
               of
               Parliament
               ,
               Lords
               and
               Commons
               ,
               and
               thereupon
               the
               King
               did
               withdraw
               from
               the
               two
               Houses
               of
               Parliament
               ,
               as
               appears
               by
               their
               own
               Declaration
               ,
               
                 The
                 great
                 Remonstrance
              
               ,
               printed
               in
               1642.
               and
               thereupon
               the
               Lords
               and
               Commons
               did
               declare
               —
            
          
           
             
               L.
               Chief
               Baron
               .
            
             
               Mr.
               Carew
               ,
               The
               Court
               are
               of
               opinion
               not
               to
               suffer
               you
               to
               go
               on
               in
               this
               :
               they
               say
               it
               tends
               not
               only
               to
               justifie
               your
               Act
               ,
               but
               you
               cast
               in
               Bones
               here
               to
               make
               some
               difference
               .
               You
               talk
               of
               the
               Lords
               and
               Commons
               ,
               you
               have
               nothing
               to
               do
               with
               that
               business
               :
               your
               authority
               that
               you
               pretend
               to
               ,
               was
               an
               Act
               of
               Parliament
               (
               as
               they
               called
               themselves
               )
               and
               that
               ,
               where
               there
               was
               but
               46
               Commons
               in
               the
               House
               ,
               and
               but
               26
               Voted
               it
               .
            
          
           
             
               Ca.
               
            
             
               I
               say
               ,
               that
               the
               Lords
               and
               Commons
               by
               their
               Declaration
               —
            
          
           
             
               Mr.
               J.
               Foster
               .
            
             
               Hold
               your
               hand
               a
               while
               ,
               Sir
               ,
               not
               so
               fast
               ,
               
               you
               go
               to
               raise
               up
               those
               differences
               which
               I
               hope
               are
               asleep
               ,
               new
               Troubles
               ,
               to
               revive
               those
               things
               ,
               which
               by
               the
               grace
               of
               God
               are
               extinct
               ,
               you
               are
               not
               to
               be
               suffered
               in
               this
               ;
               it
               is
               not
               the
               singling
               out
               of
               a
               few
               persons
               that
               makes
               a
               Parliament
               .
               We
               see
               as
               before
               ,
               so
               still
               it
               is
               your
               course
               to
               blow
               the
               Trumpet
               of
               Sedition
               .
               Did
               you
               ever
               hear
               ,
               or
               can
               you
               produce
               instances
               of
               an
               Act
               of
               Parliament
               made
               by
               the
               House
               of
               Commons
               alone
               ,
               though
               this
               was
               not
               the
               House
               of
               Commons
               ,
               as
               you
               heard
               before
               ?
            
          
           
             
               Ca.
               
            
             
               Neither
               was
               there
               ever
               such
               a
               War
               ,
               or
               such
               a
               precedent
               .
            
          
           
             
               Court.
               
            
             
               Nor
               we
               hope
               never
               will
               be
               :
               Pray
               remember
               ,
               you
               were
               returned
               to
               serve
               in
               the
               House
               ;
               what
               was
               that
               Writ
               that
               summon'd
               your
               appearance
               ?
               You
               had
               no
               manner
               of
               ground
               in
               the
               world
               to
               go
               that
               way
               that
               you
               did
               .
            
          
           
             
               Coun.
               
            
             
               We
               pray
               that
               the
               Prisoner
               at
               the
               Bar
               give
               us
               pationce
               a
               little
               to
               repeat
               that
               to
               him
               which
               your
               Lordships
               have
               been
               so
               often
               troubled
               with
               declaring
               ;
               this
               is
               not
               the
               first
               or
               second
               time
               that
               in
               this
               publique
               Assembly
               it
               hath
               been
               said
               ,
               That
               neither
               the
               Lords
               nor
               the
               Commons
               ,
               jointly
               nor
               severally
               ,
               have
               any
               power
               at
               all
               to
               proceed
               upon
               the
               Person
               of
               the
               King
               ;
               That
               it
               is
               not
               in
               their
               power
               to
               condemn
               any
               man
               in
               England
               ,
               without
               the
               good
               pleasure
               of
               the
               King
               ,
               much
               less
               the
               King
               himself
               ;
               and
               that
               this
               is
               the
               great
               Liberty
               of
               the
               people
               of
               England
               that
               it
               should
               be
               so
               ;
               and
               it
               was
               the
               first
               breach
               and
               invasion
               of
               our
               Liberty
               that
               that
               first
               Parliament
               made
               ,
               and
               which
               you
               justifie
               in
               the
               name
               of
               the
               Lord.
               In
               this
               case
               to
               throw
               us
               upon
               Debates
               of
               the
               War
               ,
               and
               to
               talk
               here
               of
               the
               causes
               and
               reasons
               of
               that
               quarrel
               which
               ended
               in
               such
               a
               Tragedie
               .
               For
               this
               person
               to
               come
               here
               with
               this
               confidence
               ,
               and
               to
               justifie
               it
               ,
               but
               that
               he
               knows
               he
               cannot
               be
               in
               a
               worse
               condition
               ,
               one
               would
               wonder
               it
               should
               fall
               from
               any
               man
               that
               hath
               any
               regard
               of
               himself
               ;
               it
               is
               all
               one
               to
               them
               that
               perish
               ,
               whether
               they
               fall
               by
               one
               sin
               or
               multitudes
               .
               He
               
               makes
               no
               scruple
               to
               multiply
               Treasons
               ;
               I
               do
               beseech
               your
               Lordship
               he
               may
               not
               offer
               as
               he
               hath
               begun
               ,
               but
               that
               the
               Jury
               may
               proceed
               .
            
          
           
             
               Court.
               
            
             
               All
               the
               Court
               are
               of
               the
               same
               opinion
               ,
               not
               to
               hear
               any
               thing
               like
               the
               former
               Discourses
               .
            
          
           
             
               Ca.
               
            
             
               I
               desire
               I
               may
               be
               heard
               ,
               I
               have
               not
               compassed
               the
               Death
               of
               the
               late
               King
               ,
               contrived
               the
               death
               of
               the
               King
               ;
               what
               I
               did
               ,
               I
               did
               by
               Authority
               .
            
          
           
             
               Court.
               
            
             
               This
               is
               not
               to
               be
               heard
               :
               You
               have
               heard
               what
               hath
               bin
               said
               to
               you
               ,
               There
               could
               be
               no
               such
               Authority
               ,
               neither
               was
               nor
               could
               be
               ;
               but
               you
               would
               by
               a
               wyre-lace
               bring
               it
               in
               by
               this
               ;
               You
               have
               confessed
               the
               Fact
               ,
               which
               must
               be
               left
               to
               the
               Jury
               .
            
          
           
             
               L.
               Ansley
               .
            
             
               I
               think
               you
               were
               present
               in
               the
               House
               of
               Commons
               when
               that
               Vote
               passed
               for
               agreement
               with
               the
               King
               in
               the
               Treaty
               at
               the
               
                 Isle
                 of
                 Wight
              
               .
               You
               know
               the
               King
               having
               condescended
               to
               most
               of
               the
               desires
               of
               This
               Parliament
               ;
               there
               was
               a
               debate
               in
               the
               House
               ,
               and
               a
               conclusion
               that
               they
               were
               grounds
               for
               peace
               .
               You
               know
               the
               Lords
               and
               Commons
               did
               resolve
               to
               agree
               with
               their
               King
               ;
               when
               that
               was
               done
               ,
               that
               would
               not
               satisfie
               you
               and
               other
               Members
               of
               the
               House
               ;
               Then
               you
               go
               and
               contrive
               new
               ways
               ;
               you
               contrive
               a
               new
               fashioned
               Parliament
               ,
               the
               driving
               away
               many
               Members
               by
               power
               ,
               which
               you
               could
               not
               do
               by
               the
               Law
               of
               the
               Land
               ;
               Nay
               ,
               the
               Parliament
               had
               Declared
               against
               that
               which
               you
               pretend
               is
               by
               Authority
               ,
               is
               no
               Authority
               ,
               for
               a
               few
               of
               you
               set
               up
               an
               Arbitrary
               Parliament
               of
               a
               few
               of
               your selves
               ;
               when
               you
               had
               driven
               away
               the
               rest
               :
               This
               kind
               of
               Parliament
               gives
               you
               the
               Authority
               you
               pretend
               to
               :
               You
               were
               saying
               that
               the
               Parliament
               was
               called
               at
               first
               the
               Lords
               and
               Commons
               by
               the
               King
               ,
               according
               to
               the
               ancient
               Constitutions
               of
               the
               Laws
               ;
               Did
               such
               a
               Parliament
               give
               you
               such
               Authority
               as
               you
               pretend
               
               to
               ,
               and
               Act
               of
               Parliament
               ,
               as
               you
               call
               it
               ,
               which
               was
               but
               an
               Order
               of
               some
               of
               the
               Commons
               ,
               and
               but
               a
               few
               of
               them
               ;
               you
               can
               have
               no
               manner
               of
               Justification
               ,
               and
               therefore
               your
               Plea
               must
               be
               over-ruled
               as
               yesterday
               it
               was
               in
               the
               like
               Case
               .
               You
               are
               indicted
               upon
               a
               cleer
               Act
               of
               Parliament
               of
               25.
               
               Edw.
               3.
               and
               you
               defend
               your self
               upon
               pretence
               of
               an
               Act
               of
               Parliament
               which
               hath
               been
               over-ruled
               as
               no
               Act.
               
            
          
           
             
               Ca.
               
            
             
               I
               am
               a
               stranger
               to
               many
               of
               these
               things
               ,
               which
               you
               have
               offered
               ,
               and
               this
               is
               strange
               ▪
               You
               give
               evidence
               sitting
               as
               a
               Judge
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               You
               are
               mistaken
               ,
               it
               is
               not
               Evidence
               ;
               he
               shews
               you
               what
               Authority
               that
               was
               ,
               an
               Authority
               of
               26
               Members
               :
               How
               is
               this
               Evidence
               ?
               Mr.
               Carew
               if
               you
               have
               any
               thing
               more
               of
               Fact
               go
               on
               :
               If
               you
               have
               nothing
               but
               according
               to
               this
               kind
               of
               discourse
               ,
               I
               am
               commanded
               to
               direct
               the
               Jury
               .
            
          
           
             
               Ca.
               
            
             
               I
               am
               very
               willing
               to
               leave
               it
               with
               the
               Lord
               ,
               if
               you
               will
               stop
               me
               that
               I
               cannot
               open
               the
               true
               nature
               of
               those
               things
               ,
               that
               did
               give
               me
               ground
               of
               satisfaction
               in
               my
               Conscience
               ,
               that
               I
               did
               it
               from
               the
               Lord.
               
            
          
           
             
               Mr.
               Sol.
               
            
             
               I
               do
               pray
               for
               the
               honour
               of
               God
               and
               our
               King
               ,
               That
               he
               may
               not
               be
               suffered
               to
               go
               on
               in
               this
               manner
               .
               You
               have
               been
               suffered
               to
               speak
               ,
               you
               have
               said
               but
               little
               ,
               only
               Sedition
               ;
               You
               pretend
               a
               Conscience
               ;
               and
               the
               fear
               of
               the
               Lord
               ,
               when
               all
               the
               world
               knows
               you
               did
               it
               against
               the
               Law
               of
               the
               Lord
               ,
               your
               own
               Conscience
               ,
               the
               light
               of
               Nature
               ,
               and
               the
               Laws
               of
               the
               Land
               ,
               against
               the
               Oaths
               you
               have
               taken
               of
               Allegiance
               and
               Supremacy
               .
            
          
           
             
               Ca.
               
            
             
               Gentlemen
               of
               the
               Jury
               ,
               I
               say
               I
               shall
               leave
               it
               with
               you
               :
               This
               Authority
               I
               speak
               of
               is
               right
               ,
               which
               was
               the
               supreme
               Power
               ,
               it
               is
               well
               known
               what
               they
               were
               .
            
          
           
             
             
               Coun.
               
            
             
               It
               is
               so
               indeed
               ,
               many
               have
               known
               what
               they
               were
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               Mr.
               Carew
               ,
               You
               have
               been
               heard
               what
               ,
               and
               beyond
               what
               was
               fit
               to
               say
               in
               your
               own
               defence
               ;
               that
               which
               you
               have
               said
               ,
               the
               heads
               of
               it
               ,
               you
               see
               the
               whole
               Court
               hath
               over-ruled
               .
               To
               suffer
               you
               to
               expatiate
               against
               God
               and
               the
               King
               by
               Blasphemy
               ,
               is
               not
               to
               be
               endured
               ;
               it
               is
               suffering
               poison
               to
               go
               about
               to
               infect
               people
               ,
               but
               they
               know
               now
               too
               well
               the
               old
               saying
               ,
               
                 In
                 Nomine
                 Domini
                 ,
                 In
                 the
                 Name
                 of
                 the
                 Lord
              
               all
               mischiefs
               have
               been
               done
               ,
               that
               hath
               been
               an
               old
               Rule
               .
               I
               must
               now
               give
               directions
               to
               the
               Jury
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               Gentlemen
               of
               the
               Jury
               —
            
          
           
             
               Ca.
               
            
             
               I
               have
               desired
               to
               speak
               the
               words
               of
               truth
               and
               soberness
               ,
               but
               have
               been
               hindered
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               Gentlemen
               of
               the
               Jury
               ,
               You
               see
               the
               Prisoner
               here
               at
               the
               Bar
               hath
               been
               Indicted
               of
               Treason
               ,
               and
               this
               was
               for
               Compassing
               and
               Imagining
               the
               Death
               of
               our
               Soveraign
               Lord
               ,
               K.
               Charles
               the
               First
               ,
               of
               blessed
               Memory
               .
               The
               Indictment
               sets
               forth
               several
               overt-Acts
               to
               prove
               this
               Imagination
               ,
               for
               otherwise
               it
               is
               secret
               in
               the
               heart
               ;
               the
               Fact
               it self
               ,
               the
               Treason
               it self
               ,
               is
               the
               Imagination
               of
               the
               heart
               :
               The
               overt-Acts
               that
               are
               laid
               down
               in
               the
               Indictment
               to
               prove
               this
               ,
               
                 That
                 they
                 did
                 consult
                 and
                 meet
                 together
                 how
                 to
                 put
                 the
                 King
                 to
                 death
                 ,
                 That
                 they
                 did
                 sit
                 upon
                 him
                 ,
              
               And
               thirdly
               ,
               
                 That
                 they
                 did
                 sentence
                 him
                 to
                 death
                 ,
                 and
                 afterwards
                 he
                 died
                 .
              
               You
               heard
               what
               is
               proved
               against
               the
               Gentleman
               ,
               the
               Prisoner
               at
               the
               Bar
               ,
               by
               several
               Witnesses
               :
               His
               own
               Confession
               ,
               That
               he
               signed
               the
               Warrant
               for
               Summoning
               and
               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
               writing
               ?
               
                 [
                 The
                 Warrant
                 shewn
                 him
                 ?
                 ]
              
            
          
           
             
               Mr.
               Nutley
               .
            
             
               I
               do
               verily
               believe
               it
               is
               .
            
          
           
             
               Coun.
               
            
             
               Have
               you
               been
               acquainted
               with
               the
               writing
               of
               his
               name
               ?
            
          
           
             
               Mr.
               N.
               
            
             
               I
               have
               seen
               him
               write
               his
               name
               ,
               and
               do
               verily
               believe
               it
               to
               be
               his
               hand
               .
            
          
           
             
               Coun.
               
            
             
               Clerk
               read
               the
               Warrant
               :
               
                 He
                 read
                 it
                 accordingly
                 .
              
            
          
           
             
               Coun.
               
            
             
               That
               which
               remains
               of
               our
               Evidence
               ,
               is
               to
               prove
               his
               boasting
               of
               this
               villany
               ;
               We
               shall
               desire
               you
               to
               hear
               Sir
               
                 Theophilus
                 Biddolph
              
               .
            
          
           
             Sir
             
               Theo.
               Biddolph
            
             sworn
             .
          
           
             
               Coun.
               
            
             
               Pray
               tell
               my
               Lords
               and
               the
               Jury
               what
               you
               have
               heard
               the
               Prisoner
               say
               touching
               this
               business
               of
               putting
               the
               King
               to
               death
               .
            
          
           
             
               Sir
               Th.
               Bid.
               
            
             
               I
               did
               hear
               him
               confess
               that
               he
               did
               sit
               as
               one
               of
               the
               Judges
               of
               the
               late
               King
               ;
               and
               that
               he
               was
               so
               far
               from
               repenting
               of
               the
               Act
               ,
               that
               he
               did
               desire
               when
               he
               dyed
               ,
               That
               a
               Tomb-stone
               might
               be
               laid
               over
               him
               with
               this
               Inscription
               ,
               
                 Here
                 lyes
              
               Thomas
               Scot
               
                 who
                 adjudged
                 to
                 death
                 the
                 late
                 King.
                 
              
            
          
           
             
               Coun.
               
            
             
               Where
               did
               he
               say
               this
               ?
            
          
           
             
               Sir
               T.
               B.
               
            
             
               In
               the
               Parliament
               House
               .
            
          
           
             Coll.
             Copley
             ,
             Esq
             ;
             sworn
             .
          
           
             
               Coun.
               
            
             
               Pray
               Mr.
               Copley
               tell
               my
               Lords
               what
               you
               know
               of
               this
               business
               .
            
          
           
             
               Mr.
               Cop.
               
            
             
               My
               Lord
               ,
               I
               was
               one
               of
               the
               Secluded
               Members
               ;
               when
               we
               were
               called
               to
               sit
               in
               the
               House
               again
               ,
               the
               Prisoner
               at
               the
               Bar
               ,
               Mr.
               
                 Thomas
                 Scot
              
               (
               I
               think
               it
               was
               the
               last
               day
               we
               sate
               )
               there
               being
               some
               speaking
               of
               the
               horridness
               of
               the
               Fact
               ,
               he
               made
               a
               long
               Harangue
               about
               that
               horrid
               Act
               ;
               and
               he
               said
               ,
               
                 He
                 hoped
                 he
                 should
                 never
                 repent
                 of
                 it
                 ,
              
               and
               desired
               that
               when
               he
               dyed
               it
               might
               be
               written
               upon
               his
               Tomb-stone
               ,
               
                 Here
                 lies
              
               Thomas
               Scot
               ,
               
                 who
                 adjudged
                 to
                 death
                 the
                 late
                 King.
                 
              
            
          
           
             
               Coun.
               
            
             
               We
               have
               done
               with
               our
               Evidence
               .
            
          
           
             
               Court.
               
            
             
               Sir
               
                 Theophilus
                 Biddolph
              
               ,
               When
               was
               it
               you
               heard
               him
               speak
               those
               words
               ?
            
          
           
             
               Sir
               T.
               B.
               
            
             
               To
               my
               best
               remembrance
               it
               was
               in
               Richards
               Parliament
               ;
               
               it
               was
               about
               January
               or
               February
               was
               twelve
               months
               ,
            
          
           
             
               Coun.
               
            
             
               Were
               not
               you
               a
               Member
               for
               the
               City
               of
               London
               in
               that
               Parliament
               ?
            
          
           
             
               Sir
               T.
               B.
               
            
             
               Yes
               .
            
          
           
             
               Coun.
               
            
             
               Mr.
               Copley
               ,
               When
               was
               it
               that
               heard
               it
               ?
            
          
           
             
               Mr.
               Cop.
               
            
             
               It
               was
               in
               April
               last
               .
            
          
           
             
               Mr.
               Soll.
               Gen.
               
            
             
               It
               was
               a
               settled
               perswasion
               of
               his
               heart
               ,
               and
               he
               thought
               it
               fit
               to
               be
               gloried
               in
               .
            
          
           
             The
             Lord
             Mayor
             Elect
             sworn
             .
          
           
             
               Coun.
               
            
             
               Pray
               my
               Lord
               ,
               tell
               my
               Lords
               what
               you
               know
               concerning
               the
               Prisoner
               at
               the
               Bar.
               
            
          
           
             
               Lord
               M.
               Elect.
               
            
             
               
                 My
                 Lords
                 I
                 was
                 one
                 of
                 those
                 Secluded
                 members
                 that
                 were
                 returned
                 again
                 a
                 little
                 before
                 the
                 coming
                 in
                 of
                 His
                 Majesty
                 :
                 Upon
                 the
                 last
                 day
                 of
                 our
                 sitting
                 ,
                 Mr.
              
               Scot
               
                 seeing
                 the
                 House
                 must
                 break
                 ,
                 said
                 ,
              
               Their
               heads
               must
               be
               laid
               to
               the
               Block
               if
               there
               were
               a
               new
               Parliament
               ;
               For
               
                 said
                 you
                 (
                 looking
                 on
                 Mr.
              
               Scot
               )
               I
               confess
               I
               had
               a
               hand
               in
               putting
               the
               King
               to
               death
               ,
               and
               I
               desire
               all
               the
               world
               may
               take
               notice
               of
               it
               ,
               and
               I
               desire
               when
               I
               dye
               it
               may
               be
               written
               on
               my
               Tomb
               :
               I
               do
               not
               repent
               of
               any
               thing
               I
               have
               done
               ;
               if
               it
               were
               to
               do
               I
               could
               do
               it
               again
               .
            
          
           
             
               Mr.
               Soll.
               Gen.
               
            
             
               Do
               it
               again
               !
               He
               follows
               his
               blows
               home
               .
            
          
           
             
               William
               Lenthall
            
             Esq
             ;
             sworn
             .
          
           
             
               Coun.
               
            
             
               Mr.
               Lenthall
               pray
               be
               pleased
               to
               tell
               my
               Lords
               and
               the
               Jury
               what
               you
               do
               remember
               of
               any
               discourse
               of
               Mr.
               
                 Tho.
                 Scot
              
               ,
               (
               the
               Prisoner
               at
               the
               Bar
               )
               tending
               to
               the
               glorying
               in
               this
               Act
               ,
               or
               any
               thing
               in
               Justification
               of
               that
               Act.
               
            
          
           
             
               Mr.
               Lenth
               .
            
             
               My
               Lords
               ,
               the
               last
               day
               it
               was
               ,
               the
               last
               instant
               of
               time
               ,
               We
               were
               resolving
               of
               breaking
               the
               House
               ,
               there
               was
               some
               opposition
               in
               it
               ,
               not
               very
               much
               :
               The
               general
               consent
               of
               the
               House
               was
               to
               dissolve
               it
               ;
               I
               must
               confess
               at
               that
               time
               I
               did
               hear
               Mr.
               Scot
               much
               justifie
               that
               Act
               of
               the
               death
               of
               the
               King
               (
               which
               truly
               I
               was
               much
               offended
               at
               )
               I
               confess
               to
               you
               upon
               my
               Oath
               touching
               his
               Speech
               of
               the
               Inscription
               upon
               his
               Tomb
               ,
               I
               did
               not
               hear
               that
               :
               Justifying
               the
               death
               of
               the
               King
               he
               made
               a
               long
               Harangue
               about
               ,
               and
               he
               ●●e
               at
               the
               upper
               end
               of
               the
               Gallery
               ;
               but
               these
               words
               ,
               
                 Of
                 ●●ving
                 it
                 written
                 upon
                 his
                 Tomb
                 ,
                 and
                 to
                 have
                 all
                 the
                 world
                 take
                 ●●●ice
                 of
                 it
              
               ;
               I
               do
               not
               remember
               .
            
          
           
             
             
               Coun.
               
            
             
               My
               Lords
               ,
               my
               
                 Lord
                 Mayor
                 Elect
              
               omitted
               something
               ;
               pray
               let
               him
               speak
               to
               it
               .
            
          
           
             
               Lo.
               Ma.
               Elect.
               
            
             
               
                 My
                 Lords
                 ,
                 the
                 Conclusion
                 of
                 his
                 Speech
                 ended
                 thus
              
               ;
               Being
               it
               is
               your
               pleasure
               to
               have
               it
               so
               
                 (
                 the
                 House
                 Dissolved
              
               )
               I
               know
               not
               how
               to
               hinder
               it
               ;
               but
               when
               that
               is
               done
               ,
               I
               know
               not
               where
               to
               hide
               this
               
                 hated
                 HEAD
              
               of
               mine
               .
            
          
           
             
               Coun.
               
            
             
               We
               desire
               to
               hear
               what
               the
               Prisoner
               will
               say
               for
               himself
               .
            
          
           
             
               Scot.
               
            
             
               I
               have
               no
               certainty
               from
               the
               Witnesses
               that
               I
               was
               there
               ,
               but
               in
               a
               wandring
               way
               ,
               they
               know
               not
               where
               I
               sate
               ,
               nor
               my
               posture
               .
            
          
           
             Mr.
             Baker
             sworn
             .
          
           
             
               Coun.
               
            
             
               We
               do
               not
               call
               this
               Witness
               as
               material
               ,
               for
               we
               must
               insist
               upon
               it
               quite
               through
               ,
               that
               after
               12.
               years
               time
               it
               is
               not
               possible
               a
               Witness
               should
               remember
               where
               every
               particular
               person
               sate
               .
               Pray
               hear
               this
               Witness
               .
            
          
           
             
               Mr.
               Baker
               .
            
             
               I
               do
               perfectly
               remember
               ,
               That
               Mr.
               Scot
               sate
               two
               rows
               above
               Mr.
               Bradshaw
               on
               his
               left
               hand
               in
               that
               which
               they
               called
               the
               
                 High
                 Court
                 of
                 Justice
              
               .
            
          
           
             
               Scot.
               
            
             
               As
               to
               the
               Warrant
               you
               speak
               of
               I
               know
               not
               what
               it
               signifies
               ,
               I
               desire
               to
               know
               what
               the
               nature
               of
               it
               is
               .
            
          
           
             
               Coun.
               
            
             
               The
               Warrant
               hath
               been
               read
               ,
               it
               is
               not
               produced
               against
               him
               as
               a
               Record
               ;
               for
               then
               it
               needed
               not
               be
               proved
               :
               but
               it
               is
               produced
               against
               him
               as
               an
               evidence
               in
               writing
               under
               his
               own
               hand
               that
               he
               was
               consenting
               to
               the
               death
               of
               the
               King.
               
            
          
           
             
               Scot.
               
            
             
               They
               may
               very
               much
               mistake
               my
               hand
               ;
               You
               speak
               of
               words
               that
               I
               should
               utter
               in
               Parliament
               ,
               I
               do
               humbly
               insist
               upon
               it
               ,
               That
               I
               am
               not
               to
               answer
               ,
               nor
               they
               alledge
               any
               thing
               of
               that
               nature
               :
               It
               is
               a
               high
               breach
               of
               Priviledge
               .
            
          
           
             
               Coun.
               
            
             
               There
               is
               no
               priviledge
               of
               Parliament
               for
               treason
               .
               First
               ,
               some
               of
               the
               words
               were
               spoken
               in
               Richards
               Parliament
               ,
               &
               that
               you
               do
               not
               own
               to
               be
               a
               Parliam
               ▪
               then
               another
               thing
               (
               a
               known
               rule
               in
               Law
               )
               there
               is
               no
               priviledge
               of
               Parliament
               for
               treason
               .
            
          
           
             
               Scot.
               
            
             
               I
               have
               heard
               the
               Rule
               ,
               but
               do
               not
               so
               well
               understand
               it
               ,
               of
               that
               spoken
               in
               Richards
               Parliament
               ;
               it
               will
               be
               a
               nice
               thing
               for
               me
               to
               distinguish
               between
               that
               and
               another
               Parliament
               ;
               but
               this
               I
               think
               ,
               That
               Convention
               of
               the
               people
               onght
               to
               have
               the
               Priviledge
               of
               the
               Parliament
               as
               well
               as
               any
               other
               .
               I
               humbly
               conceive
               it
               was
               testimony
               ought
               not
               to
               be
               given
               to
               you
               ;
               Whatever
               I
               say
               in
               
               Parliament
               ,
               the
               Priviledge
               extends
               to
               no
               more
               than
               this
               ,
               that
               I
               may
               be
               lawfully
               secured
               till
               the
               Parliament
               hath
               been
               acquainted
               with
               it
               ,
               but
               not
               finally
               concluded
               till
               the
               Parliament
               have
               heard
               it
               .
            
          
           
             
               Lo.
               Ch.
               Bar.
               
            
             
               You
               are
               Indicted
               for
               Compassing
               and
               Imagining
               the
               death
               of
               the
               King
               :
               I
               would
               have
               you
               understand
               ,
               That
               in
               case
               a
               man
               should
               commit
               an
               Act
               of
               Treason
               ,
               be
               it
               in
               what
               place
               soever
               ,
               there
               is
               no
               place
               of
               Sanctuary
               for
               Treason
               ;
               In
               case
               of
               Felony
               ,
               if
               a
               man
               be
               Indicted
               for
               Felony
               in
               the
               Parliament
               House
               ,
               during
               the
               time
               of
               Parliament
               ,
               this
               is
               not
               to
               be
               tryed
               in
               Parliament
               ,
               but
               according
               to
               the
               Rule
               of
               Common
               Law
               ;
               So
               in
               case
               of
               Treason
               ,
               the
               House
               of
               Commons
               in
               Parliament
               doth
               not
               try
               Treasons
               :
               That
               distinction
               which
               you
               make
               is
               nothing
               .
            
          
           
             
               Scot.
               
            
             
               I
               humbly
               conceive
               there
               is
               such
               a
               Priviledge
               that
               no
               man
               shall
               ever
               be
               called
               to
               account
               for
               any
               thing
               spoken
               in
               Parliament
               ,
               if
               he
               be
               not
               called
               to
               account
               by
               the
               House
               before
               any
               other
               Member
               be
               suffered
               to
               speak
               .
            
          
           
             
               Lord
               Ch.
               Bar.
               
            
             
               That
               is
               ,
               the
               House
               will
               not
               determine
               ,
               but
               that
               doth
               not
               extend
               to
               your
               Case
               ,
               you
               are
               not
               charged
               here
               criminally
               for
               speaking
               those
               words
               that
               have
               been
               testified
               against
               you
               ,
               but
               for
               Compassing
               and
               Imagining
               the
               Kings
               death
               ,
               of
               which
               there
               are
               other
               Evidences
               ,
               and
               this
               but
               an
               Evidence
               to
               prove
               that
               .
            
          
           
             
               Scot.
               
            
             
               My
               Lord
               ,
               I
               never
               did
               say
               these
               words
               with
               that
               aggravation
               which
               is
               put
               upon
               them
               ,
               I
               have
               a
               great
               deal
               of
               hard
               measure
               ;
               as
               to
               say
               ,
               
                 I
                 hope
                 I
                 shall
                 never
                 repent
                 ,
              
               I
               take
               God
               to
               witness
               ,
               I
               have
               often
               ,
               because
               it
               was
               spoken
               well
               of
               by
               some
               and
               ill
               by
               others
               ,
               I
               have
               by
               prayers
               and
               tears
               often
               sought
               the
               Lord
               ,
               that
               if
               there
               were
               iniquity
               in
               it
               he
               would
               shew
               it
               me
               ;
               I
               do
               affirm
               I
               did
               not
               say
               so
               .
            
          
           
             
               Mr.
               Baker
               .
            
             
               My
               Lord
               I
               omitted
               something
               ,
               which
               was
               this
               ▪
               I
               had
               occasion
               to
               speak
               with
               Mr.
               Scot
               ,
               whilest
               Richard's
               Parliament
               was
               sitting
               ,
               and
               among
               other
               discourse
               insisting
               upon
               some
               things
               that
               Richard
               had
               done
               ,
               saith
               he
               ,
               
                 I
                 have
                 cut
                 off
                 one
                 Tyrants
                 head
                 ,
                 and
                 I
                 hope
                 to
                 cut
                 off
                 another
                 .
              
            
          
           
             
               Scot.
               
            
             
               
                 My
                 Lord
              
               ,
               This
               is
               but
               a
               single
               witness
               .
            
          
           
             
               Mr.
               Soll.
               Gen.
               
            
             
               I
               suppose
               he
               meant
               Rich.
               for
               he
               was
               a
               Tyrant
               .
            
          
           
             
               Lord
               Ch.
               Bar.
               
            
             
               Speak
               on
               Mr.
               Scot
               whatever
               you
               have
               to
               say
               .
            
          
           
             
               Sc.
               
            
             
               If
               that
               he
               laid
               aside
               as
               an
               impertinency
               ,
               I
               have
               the
               less
               to
               say
               .
            
          
           
             
             
               L.
               Ch.
               Bar.
               
            
             
               The
               next
               thing
               you
               have
               to
               do
               is
               to
               answer
               to
               the
               fact
               ,
               whether
               you
               did
               it
               or
               did
               it
               not
               .
            
          
           
             
               Scot.
               
            
             
               I
               say
               this
               ,
               Whatever
               I
               did
               ,
               be
               it
               more
               or
               less
               ,
               I
               did
               it
               by
               he
               Command
               and
               Authority
               of
               a
               Parliamentary
               Power
               ,
               I
               did
               sit
               as
               one
               of
               the
               Judges
               of
               the
               King
               ,
               and
               that
               doth
               justifie
               me
               whatever
               the
               nature
               of
               the
               fact
               was
               .
            
          
           
             
               Lo.
               Ch.
               Bar.
               
            
             
               We
               have
               had
               these
               things
               alledged
               before
               us
               again
               and
               again
               :
               The
               Court
               are
               clearly
               satisfied
               in
               themselves
               that
               this
               act
               could
               not
               be
               done
               by
               any
               Parliamentary
               power
               whatsoever
               .
               I
               must
               tell
               you
               what
               hath
               been
               delivered
               ,
               that
               there
               is
               no
               power
               on
               earth
               that
               hath
               any
               coercive
               power
               over
               the
               King
               ,
               neither
               single
               Persons
               nor
               a
               Community
               ,
               neither
               the
               people
               Collectively
               nor
               Representatively
               .
               In
               the
               next
               place
               ,
               that
               which
               you
               offer
               to
               be
               done
               as
               by
               Authority
               of
               Parliament
               ,
               it
               was
               done
               by
               a
               few
               members
               of
               the
               House
               of
               Commons
               ,
               there
               were
               but
               46
               there
               at
               that
               time
               ,
               and
               of
               these
               46
               not
               above
               26
               that
               voted
               it
               ,
               at
               that
               time
               the
               House
               of
               Lords
               was
               sitting
               ,
               who
               had
               rejected
               it
               ,
               and
               without
               them
               there
               was
               no
               Parliament
               ,
               there
               was
               a
               force
               upon
               the
               Parliament
               ,
               there
               was
               excluded
               seven
               parts
               of
               eight
               :
               Supposing
               you
               were
               a
               full
               House
               of
               Commons
               ,
               and
               that
               without
               exception
               ,
               there
               was
               not
               Authority
               enough
               ,
               and
               it
               is
               known
               to
               you
               (
               no
               man
               better
               )
               that
               there
               never
               was
               a
               House
               of
               Commons
               before
               this
               time
               ,
               that
               this
               foul
               Act
               was
               made
               for
               erecting
               that
               High
               Court
               of
               Justice
               (
               as
               you
               call'd
               it
               )
               assumed
               that
               Authority
               of
               making
               a
               Law
               ,
               you
               cannot
               pretend
               to
               act
               by
               Authority
               of
               Parliament
               ;
               and
               because
               you
               would
               excuse
               it
               ,
               you
               did
               it
               by
               Authority
               of
               Parliament
               ,
               whether
               it
               were
               good
               or
               no
               ;
               If
               a
               man
               do
               that
               which
               is
               unlawful
               by
               an
               unlawful
               Authority
               ;
               the
               assuming
               to
               do
               it
               by
               that
               Authority
               ,
               is
               an
               Aggravation
               ,
               not
               an
               Extenuation
               of
               the
               Fact.
               It
               was
               over-ruled
               ,
               I
               think
               my
               Lords
               will
               tell
               you
               ,
               That
               they
               do
               not
               allow
               of
               that
               Authority
               at
               all
               ,
               either
               to
               be
               for
               Justification
               or
               Plea.
               
            
          
           
             
               Scot.
               
            
             
               My
               Lords
               I
               humbly
               pray
               leave
               to
               say
               ,
               that
               without
               offence
               to
               the
               Court
               (
               every
               person
               whereof
               I
               honour
               )
               This
               Court
               hath
               not
               Cognizance
               to
               Declare
               whether
               it
               were
               a
               Parliament
               or
               no.
               
            
          
           
             
             
               Lo.
               Ch.
               Bar.
               
            
             
               That
               was
               objected
               too
               ,
               and
               we
               must
               aquaint
               you
               ,
               That
               first
               of
               all
               it
               is
               no
               Derogation
               to
               Parliaments
               ,
               That
               what
               is
               a
               Statute
               or
               not
               a
               Statute
               ,
               should
               be
               adjudged
               by
               the
               Common
               Laws
               .
               We
               have
               often
               brought
               it
               into
               question
               ,
               whether
               such
               and
               such
               a
               thing
               was
               an
               Act
               of
               Parliament
               or
               not
               ,
               any
               man
               may
               pretend
               to
               an
               Authority
               of
               Parliament
               :
               If
               forty
               men
               should
               meet
               at
               
                 Shooters
                 Hill
              
               ,
               as
               the
               
                 Little
                 Convention
              
               did
               at
               Westminster
               ,
               and
               say
               ,
               
                 We
                 do
                 declare
                 our selves
                 a
                 Parliament
                 of
                 England
                 :
              
               because
               they
               do
               so
               ,
               shall
               not
               this
               be
               judged
               what
               is
               a
               Statute
               and
               what
               not
               ?
               It
               is
               every
               days
               practise
               ,
               we
               do
               judge
               upon
               it
               ;
               the
               Fact
               is
               so
               known
               to
               every
               body
               ,
               they
               did
               assume
               to
               themselves
               a
               
                 Royal
                 Authority
              
               ;
               it
               hath
               been
               over-ruled
               already
               ,
               it
               hath
               been
               the
               mistake
               of
               many
               ,
               the
               vulgar
               acceptation
               of
               the
               word
               Parliament
               .
               A
               Parliament
               consists
               of
               the
               King
               ,
               Lords
               and
               Commons
               ;
               it
               is
               not
               the
               House
               of
               Commons
               alone
               ;
               and
               so
               it
               is
               not
               by
               Authority
               of
               Parliament
               :
               It
               is
               not
               unless
               it
               be
               by
               that
               Authority
               which
               makes
               up
               the
               Parliament
               :
               You
               cannot
               give
               one
               instance
               ,
               That
               ever
               the
               House
               of
               Commons
               did
               assume
               the
               Kings
               Authority
               .
            
          
           
             
               Scot.
               
            
             
               I
               can
               many
               ,
               where
               there
               was
               nothing
               but
               a
               House
               of
               Commons
               .
            
          
           
             
               Court.
               
            
             
               When
               was
               that
               ?
            
          
           
             
               Scot.
               
            
             
               In
               the
               Saxons
               time
               .
            
          
           
             
               Court.
               
            
             
               You
               say
               it
               was
               in
               the
               Saxons
               time
               ,
               you
               do
               not
               come
               to
               any
               time
               within
               600
               years
               ;
               you
               speak
               of
               those
               times
               wherein
               things
               were
               obscure
               .
            
          
           
             
               Scot.
               
            
             
               I
               know
               not
               but
               that
               it
               might
               be
               as
               lawful
               for
               them
               to
               make
               Laws
               as
               this
               late
               Parliament
               ,
               being
               called
               by
               the
               Keepers
               of
               the
               Liberties
               of
               England
               :
               My
               Lords
               ,
               I
               have
               no
               seditious
               design
               ;
               but
               to
               submit
               to
               the
               providence
               of
               God.
               
            
          
           
             
               Court.
               
            
             
               This
               is
               notorious
               to
               every
               man
               :
               This
               we
               have
               already
               heard
               and
               over-ruled
               .
            
          
           
             
               L.
               Finch
               .
            
             
               That
               that
               I
               hope
               is
               this
               ,
               That
               Mr.
               Scot
               will
               contradict
               that
               which
               he
               hath
               said
               before
               ;
               that
               is
               ,
               That
               he
               hopes
               he
               should
               not
               repent
               ,
               I
               hope
               he
               doth
               desire
               to
               repent
               .
               Mr.
               Scot
               ,
               for
               this
               we
               must
               over-rule
               it
               ,
               as
               we
               have
               done
               before
               ;
               there
               is
               nothing
               at
               all
               to
               be
               pleaded
               to
               the
               Jurisdiction
               ,
               
               and
               this
               point
               hath
               been
               determined
               before
               .
            
          
           
             
               Scot.
               
            
             
               The
               Parliament
               informer
               times
               consisted
               not
               so
               much
               of
               King
               ,
               Lords
               and
               Commons
               ,
               but
               King
               and
               Parliament
               .
               In
               the
               beginning
               of
               the
               Parliament
               in
               1641.
               the
               Bishops
               were
               one
               of
               the
               three
               Estates
               ,
               if
               it
               be
               not
               properly
               to
               be
               called
               a
               Parliament
               ,
               a
               legislative
               Power
               ;
               though
               it
               be
               not
               a
               Parliament
               it
               is
               binding
               ;
               If
               two
               Estates
               may
               take
               away
               the
               third
               ,
               if
               the
               second
               do
               not
               continue
               to
               execu●●
               their
               trust
               ,
               he
               that
               is
               in
               occupancy
               may
               have
               a
               title
               to
               the
               whole
               :
               I
               do
               affirm
               I
               have
               a
               Parliamentary
               Authority
               ,
               a
               legislative
               power
               to
               justifie
               me
               .
            
          
           
             
               Lo.
               Ch.
               Bar.
               
            
             
               Mr.
               Scot
               ,
               what
               you
               speak
               concerning
               the
               Lords
               Spiritual
               is
               nothing
               to
               your
               Case
               ,
               be
               it
               either
               one
               way
               of
               other
               ,
               it
               was
               done
               by
               an
               Act
               of
               Parliament
               ,
               with
               consent
               of
               the
               King
               ,
               Lords
               and
               Commons
               ,
               though
               you
               will
               bring
               it
               down
               to
               make
               these
               Commons
               have
               a
               legislative
               Power
               ,
               I
               told
               you
               it
               was
               over-ruled
               before
               .
               We
               have
               suffered
               you
               to
               expatiate
               into
               that
               which
               was
               a
               thing
               not
               intended
               by
               many
               of
               my
               Lords
               ,
               that
               you
               should
               have
               any
               such
               power
               to
               expatiate
               into
               that
               which
               is
               nothing
               but
               indeed
               to
               make
               a
               new
               Government
               ,
               which
               is
               the
               highest
               Treason
               next
               to
               the
               Murthering
               of
               the
               King
               in
               the
               world
               ;
               To
               subvert
               the
               Laws
               ,
               and
               to
               make
               a
               few
               of
               the
               Commons
               ,
               nay
               ,
               if
               they
               had
               been
               the
               whole
               ,
               to
               make
               them
               to
               have
               the
               Legislative
               power
               .
               Mr.
               Scot
               ,
               if
               you
               have
               any
               thing
               in
               extenuation
               of
               the
               Fact
               we
               shall
               hear
               you
               ,
               further
               we
               cannot
               .
            
          
           
             
               L.
               Finch
               .
            
             
               If
               you
               speak
               to
               this
               purpose
               again
               ,
               for
               my
               part
               I
               will
               profess
               my self
               ,
               I
               dare
               not
               hear
               further
               of
               it
               ;
               It
               is
               so
               poysonous
               blasphemous
               a
               doctrine
               contrary
               to
               the
               Laws
               ,
               if
               you
               go
               upon
               this
               point
               I
               shall
               (
               and
               I
               hope
               my
               Lords
               will
               be
               of
               that
               opinion
               too
               )
               desire
               the
               Jury
               may
               be
               directed
               .
            
          
           
             
               Scot.
               
            
             
               I
               thought
               my
               Lord
               you
               would
               rather
               be
               my
               Councel
               ,
               it
               is
               not
               my
               single
               opinion
               ,
               I
               am
               not
               alone
               in
               this
               Case
               ,
               therefore
               I
               think
               I
               may
               justifie
               my self
               in
               it
               ,
               it
               was
               the
               Judgement
               of
               many
               of
               the
               Secluded
               Members
               to
               own
               us
               to
               be
               a
               Parliament
               .
            
          
           
             
               Lord
               Annesley
               .
            
             
               What
               you
               said
               last
               doth
               occasion
               my
               rising
               ,
               you
               seem
               to
               deliver
               my
               opinion
               ,
               who
               you
               know
               could
               never
               agree
               to
               what
               you
               have
               alledged
               ;
               truly
               I
               have
               been
               heartily
               sorry
               to
               hear
               the
               defence
               you
               have
               made
               to
               day
               ,
               
               because
               you
               know
               I
               have
               had
               Letters
               from
               you
               of
               another
               nature
               ;
               I
               was
               very
               confident
               to
               have
               heard
               you
               an
               humble
               Penitent
               this
               day
               instead
               of
               justifying
               your self
               :
               As
               to
               that
               which
               you
               say
               of
               the
               Secluded
               Members
               owning
               you
               to
               be
               a
               Parliament
               ;
               they
               were
               so
               far
               from
               it
               ,
               that
               you
               know
               for
               how
               many
               years
               they
               lay
               under
               sufferings
               and
               obscurity
               ,
               because
               they
               could
               not
               acknowledge
               that
               an
               Authority
               which
               was
               not
               so
               :
               You
               cannot
               forget
               the
               Declaration
               of
               both
               Houses
               that
               was
               published
               upon
               a
               Jealousie
               that
               the
               people
               had
               ,
               they
               would
               change
               the
               Government
               of
               King
               ,
               Lords
               and
               Commons
               ;
               It
               was
               far
               from
               their
               thoughts
               ,
               it
               was
               called
               in
               that
               Declaration
               
                 A
                 black
                 scandal
                 cast
                 upon
                 them
                 :
              
               This
               Declaration
               you
               know
               was
               by
               Order
               of
               both
               Houses
               affixed
               in
               all
               Churches
               of
               England
               that
               people
               might
               take
               notice
               what
               they
               held
               to
               be
               the
               Fundamental
               Government
               of
               this
               Kingdom
               ,
               
                 King
                 ,
                 Lords
                 and
                 Commons
              
               :
               After
               this
               for
               you
               to
               set
               up
               another
               Government
               ,
               and
               under
               them
               to
               act
               such
               things
               that
               one
               would
               think
               should
               hardly
               enter
               into
               the
               heart
               of
               any
               man.
               You
               know
               very
               well
               all
               along
               they
               declared
               themselves
               faithful
               Subjects
               to
               the
               King
               ,
               and
               so
               would
               have
               lived
               and
               dyed
               ;
               and
               you
               might
               have
               had
               your
               share
               of
               the
               happiness
               of
               that
               peace
               ,
               if
               you
               could
               have
               had
               an
               Inclination
               to
               submit
               to
               that
               which
               both
               Houses
               had
               resolved
               ,
               when
               you
               and
               others
               could
               not
               bring
               your
               hearts
               to
               stoop
               to
               your
               Fellow
               Subjects
               ,
               when
               you
               could
               not
               submit
               to
               that
               equal
               rule
               to
               take
               your
               share
               with
               them
               .
               When
               Pride
               carried
               some
               so
               high
               ,
               then
               was
               the
               beginning
               of
               your
               fall
               and
               others
               ,
               and
               none
               could
               expect
               other
               than
               what
               is
               now
               come
               to
               pass
               ,
               That
               they
               should
               come
               to
               that
               shame
               and
               sorrow
               that
               this
               day
               hath
               brought
               upon
               you
               :
               I
               could
               have
               wished
               to
               have
               heard
               nothing
               but
               an
               humble
               confession
               of
               the
               fault
               that
               hath
               been
               clearly
               proved
               ,
               and
               no
               Justification
               of
               it
               :
               You
               have
               sworn
               among
               others
               to
               preserve
               the
               Laws
               and
               People
               of
               the
               Kingdom
               ;
               but
               you
               drove
               away
               not
               only
               the
               House
               of
               Lords
               ,
               but
               most
               of
               the
               Commons
               ,
               and
               then
               to
               give
               the
               name
               of
               a
               Parliament
               to
               the
               Remainder
               ,
               this
               is
               a
               great
               ,
               aggravation
               of
               your
               Treason
               .
               I
               think
               we
               of
               the
               Secluded
               Members
               could
               not
               have
               discharged
               our
               duty
               to
               
               God
               and
               the
               Kingdom
               ,
               if
               we
               had
               not
               then
               appeared
               in
               Parliament
               to
               have
               dissolved
               that
               Parliament
               ,
               and
               so
               by
               our
               joynt
               assent
               put
               an
               end
               to
               all
               your
               pretences
               ,
               which
               if
               we
               had
               not
               done
               ,
               we
               had
               not
               so
               soon
               come
               to
               our
               happiness
               ,
               nor
               you
               to
               your
               miseries
               .
            
          
           
             
               Lo.
               Ch.
               Bar.
               
            
             
               The
               Court
               hath
               told
               you
               before
               their
               opinions
               in
               the
               thing
               ,
               and
               no
               further
               debate
               is
               to
               be
               allowed
               in
               this
               ,
               the
               Justification
               of
               it
               doth
               comprehend
               treason
               ;
               We
               our selves
               are
               not
               by
               Law
               to
               allow
               the
               hearing
               of
               it
               .
               If
               you
               have
               nothing
               to
               say
               for
               your self
               I
               must
               give
               direction
               to
               the
               Jury
               .
            
          
           
             
               Scot.
               
            
             
               I
               humbly
               crave
               leave
               to
               move
               the
               Jury
               that
               they
               bethink
               themselves
               ,
               and
               consider
               of
               it
               rather
               as
               a
               special
               Verdict
               than
               of
               a
               definitive
               one
               ,
               I
               think
               there
               is
               cause
               of
               a
               special
               Verdict
               .
            
          
           
             
               Court.
               
            
             
               If
               there
               was
               need
               of
               a
               special
               Verdict
               (
               We
               are
               upon
               our
               Oaths
               )
               I
               should
               give
               direction
               to
               the
               Jury
               .
               What
               We
               do
               ,
               We
               do
               upon
               our
               Oaths
               ,
               and
               must
               answer
               it
               before
               God
               Almighty
               .
               The
               Court
               hath
               delivered
               their
               opinions
               before
               ,
               that
               in
               this
               Case
               the
               Pretended
               Authority
               under
               which
               you
               did
               derive
               that
               Power
               which
               you
               did
               execute
               ,
               that
               it
               is
               no
               Authority
               ,
               it
               is
               void
               in
               Law
               ,
               it
               is
               a
               foundation
               (
               if
               it
               were
               true
               )
               of
               subverting
               all
               Laws
               ,
               and
               indeed
               of
               all
               Religion
               ,
               a
               Power
               that
               you
               assumed
               to
               your selves
               of
               Judging
               and
               Condemning
               your
               King
               ,
               that
               you
               would
               countenance
               such
               an
               Authority
               is
               a
               great
               aggravation
               of
               the
               fault
               .
               They
               are
               Jugdes
               whether
               you
               did
               Imagine
               or
               Compass
               the
               Kings
               Death
               ,
               that
               is
               all
               the
               Jurors
               have
               to
               do
               .
               Gentlemen
               of
               the
               Jury
               —
            
          
           
             
               Scot.
               
            
             
               I
               would
               know
               what
               particular
               Law
               I
               have
               transgressed
               in
               this
               thing
               .
            
          
           
             
               Court.
               
            
             
               The
               Law
               of
               God
               and
               Man.
               25
               Edw.
               3.
               
            
          
           
             
               Scot.
               
            
             
               I
               humbly
               conceive
               that
               reaches
               not
               to
               this
               Case
               .
            
          
           
             
               Court.
               
            
             
               To
               satisfie
               you
               in
               that
               ,
               the
               very
               words
               of
               the
               Statute
               are
               ,
               
                 If
                 any
                 man
                 do
                 Compass
                 or
                 Imagine
                 the
                 Kings
                 Death
                 it
                 is
                 Treason
              
               ;
               The
               Indictment
               is
               ,
               That
               you
               did
               Imagine
               and
               Compass
               the
               death
               of
               the
               King
               ,
               if
               the
               Fact
               be
               proved
               against
               you
               ,
               you
               are
               within
               the
               Statute
               .
            
          
           
             
               Scot.
               
            
             
               You
               will
               not
               say
               the
               King
               shall
               be
               a
               Traytor
               if
               he
               shall
               Compass
               the
               death
               of
               the
               Queen
               .
            
          
           
             
             
               Court.
               
            
             
               The
               Queen
               is
               a
               Subject
               .
            
          
           
             
               Scot.
               
            
             
               I
               am
               not
               yet
               convinced
               .
            
          
           
             
               Lo.
               Ch.
               Bar.
               
            
             
               Gentlemen
               of
               the
               Jury
               .
            
          
           
             
               Scot.
               
            
             
               I
               do
               plead
               and
               claim
               that
               I
               am
               within
               the
               Compass
               of
               several
               Pardons
               ;
               and
               desire
               Councel
               in
               that
               particular
               ,
               I
               do
               come
               within
               the
               Compass
               of
               his
               Majesties
               Pardon
               .
            
          
           
             
               Lo.
               Ch.
               Bar.
               
            
             
               If
               you
               had
               not
               gone
               on
               to
               matter
               of
               Justification
               ,
               you
               might
               have
               been
               more
               heard
               to
               this
               of
               Pardon
               ;
               but
               after
               a
               Justification
               then
               to
               come
               for
               a
               Pardon
               ,
               which
               implies
               a
               confession
               of
               Guilt
               ,
               they
               are
               contradictory
               :
               I
               must
               tell
               you
               we
               are
               now
               upon
               point
               of
               Law
               ,
               That
               Proclamation
               I
               doubt
               not
               but
               his
               Majesty
               will
               inviolably
               make
               good
               ;
               but
               we
               are
               not
               to
               judge
               of
               that
               ,
               it
               is
               nothing
               to
               a
               legal
               proceeding
               :
               You
               are
               now
               in
               a
               Court
               of
               Law
               ,
               it
               is
               not
               to
               be
               pleaded
               in
               a
               Court
               of
               Law
               ;
               the
               Kings
               Pardon
               in
               Law
               must
               be
               under
               his
               Broad
               Seal
               :
               How
               far
               you
               are
               under
               that
               Proclamation
               ,
               care
               will
               be
               taken
               ,
               and
               what
               is
               fitting
               to
               be
               done
               ,
               will
               be
               done
               ;
               but
               it
               is
               nothing
               in
               the
               matter
               of
               the
               Charge
               to
               this
               Jury
               .
            
          
           
             
               Scot.
               
            
             
               I
               desire
               Councel
               touching
               the
               Statute
               of
               25
               Edw.
               3.
               
            
          
           
             
               Court.
               
            
             
               You
               should
               have
               done
               it
               before
               you
               had
               confessed
               the
               Fact.
               
            
          
           
             
               Scot.
               
            
             
               I
               may
               do
               it
               in
               Arrest
               of
               Judgement
               .
            
          
           
             
               Lo.
               Ch.
               Bar.
               
            
             
               Mr.
               Scot
               ,
               for
               that
               of
               the
               Kings
               Proclamation
               ,
               if
               you
               be
               within
               the
               benefit
               and
               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
               you
               only
               that
               you
               would
               lay
               it
               to
               your
               hearts
               ,
               that
               you
               would
               consider
               what
               it
               is
               to
               
                 Kill
                 a
                 King
              
               ,
               and
               to
               kill
               such
               a
               King.
               If
               any
               of
               you
               shall
               say
               ,
               That
               we
               had
               no
               hand
               in
               the
               actual
               Murther
               of
               the
               King
               ,
               remember
               that
               they
               that
               brought
               him
               to
               the
               Bar
               ,
               were
               all
               one
               as
               if
               they
               had
               brought
               him
               to
               the
               Block
               ,
               as
               St.
               Paul
               confessed
               ,
               though
               he
               held
               but
               the
               Clothes
               ,
               he
               killed
               the
               Martyr
               Stephen
               .
               You
               are
               shortly
               to
               appear
               before
               Gods
               Tribunal
               ,
               and
               I
               beseech
               God
               Almighty
               that
               he
               will
               give
               you
               ,
               and
               us
               all
               ,
               those
               hearts
               ,
               that
               we
               may
               look
               into
               our selves
               ;
               No
               fig-leaves
               will
               serve
               the
               turn
               ;
               whatsoever
               you
               have
               said
               now
               as
               Prisoners
               ,
               or
               allowed
               to
               say
               for
               your
               own
               preservation
               in
               point
               of
               Fact
               ,
               Notwithstanding
               it
               will
               not
               serve
               before
               God
               Almighty
               :
               All
               things
               are
               naked
               before
               him
               .
               Lay
               it
               to
               your
               hearts
               :
               God
               Almighty
               though
               you
               have
               committed
               these
               foul
               and
               horrid
               sins
               ,
               yet
               he
               can
               pardon
               you
               ,
               as
               he
               pardoned
               that
               murther
               of
               David
               :
               I
               speak
               it
               to
               you
               ,
               that
               you
               may
               lay
               it
               to
               your
               hearts
               ;
               I
               am
               heartily
               sorry
               in
               respect
               you
               are
               Persons
               of
               great
               Civility
               ▪
               and
               (
               those
               that
               I
               know
               )
               of
               very
               good
               parts
               ;
               and
               this
               I
               must
               say
               ,
               That
               you
               will
               consider
               with
               your selves
               ,
               if
               any
               of
               you
               have
               been
               led
               away
               ,
               though
               it
               were
               with
               his
               own
               conscience
               ;
               if
               any
               of
               you
               did
               it
               as
               you
               conceived
               in
               conscience
               ,
               remember
               that
               our
               Saviour
               saith
               ,
               
                 The
                 time
                 shall
                 come
                 when
                 
                 they
                 will
                 persecute
                 you
                 and
                 kill
                 you
                 ,
                 and
                 think
                 they
                 do
                 God
                 good
                 service
                 .
              
               I
               have
               the
               Judgment
               of
               Charity
               ,
               possibly
               some
               of
               you
               did
               it
               in
               this
               kind
               ,
               and
               this
               is
               less
               than
               doing
               it
               wilfully
               ;
               others
               might
               do
               it
               by
               a
               mis
               guided
               Conscience
               ;
               there
               is
               a
               spiritual
               pride
               ,
               men
               may
               over-run
               themselves
               by
               their
               own
               holiness
               ,
               and
               they
               may
               go
               by
               pretended
               Revelations
               :
               Men
               may
               say
               I
               have
               prayed
               about
               such
               a
               thing
               ,
               I
               do
               not
               speak
               it
               with
               reproach
               to
               any
               ;
               If
               a
               man
               that
               should
               commit
               a
               Robbery
               or
               Murther
               ,
               meerly
               because
               he
               will
               ,
               and
               should
               come
               and
               say
               ,
               I
               have
               prayed
               against
               it
               ,
               and
               cannot
               understand
               it
               to
               be
               a
               sin
               ,
               as
               one
               in
               Shropshire
               did
               ,
               and
               yet
               notwithstanding
               killed
               his
               own
               Father
               and
               Mother
               ;
               try
               your
               own
               spirits
               ,
               you
               must
               not
               think
               that
               every
               Fancy
               and
               Imagaination
               is
               conscience
               ;
               Men
               may
               have
               a
               strange
               fancy
               and
               presumption
               ,
               and
               that
               they
               may
               call
               conscience
               :
               Take
               heed
               ,
               there
               is
               a
               spiritual
               pride
               ;
               the
               Devil
               doth
               many
               times
               appear
               like
               an
               Angel
               of
               light
               ,
               do
               not
               rest
               upon
               that
               self-confidence
               :
               Examine
               your
               hearts
               ,
               consider
               the
               Fact
               by
               the
               word
               of
               God
               ;
               That
               is
               the
               rule
               ,
               the
               Law
               is
               to
               be
               applyed
               to
               it
               ;
               
                 Eccles
                 .
                 8.
                 
                 Where
                 the
                 word
                 of
                 a
                 King
                 is
                 ,
                 there
                 is
                 power
                 ;
                 and
                 who
                 can
                 say
                 unto
                 him
                 ,
                 What
                 dost
                 thou
                 ?
              
               that
               is
               to
               shew
               the
               power
               of
               Kings
               in
               Scripture
               :
               Remember
               withal
               that
               of
               David
               in
               Psalm
               51.
               that
               penitential
               Psalm
               ,
               when
               he
               had
               committed
               that
               horrid
               sin
               against
               Vriah
               ;
               Remember
               what
               he
               said
               being
               a
               K.
               
                 Tibi
                 soli
                 peccavi
                 ,
                 Against
                 thee
                 only
                 have
                 I
                 sinned
              
               ;
               Truly
               it
               being
               in
               such
               a
               Case
               ,
               I
               speak
               it
               as
               before
               God
               almighty
               ,
               according
               to
               my
               duty
               and
               conscience
               ;
               I
               wish
               most
               heartily
               as
               to
               your
               Persons
               :
               I
               pray
               God
               to
               give
               you
               that
               grace
               ,
               that
               you
               may
               seriously
               consider
               it
               ,
               and
               lay
               it
               to
               heart
               ,
               and
               to
               have
               mercy
               upon
               you
               ,
               and
               to
               forgive
               you
               ;
               And
               this
               is
               all
               that
               I
               have
               to
               say
               ;
               and
               now
               not
               I
               ,
               but
               the
               Sentence
               of
               the
               Law
               ,
               the
               Judgment
               which
               I
               have
               to
               give
               against
               you
               is
               this
               ,
               
                 You
                 Prisoners
                 at
                 the
                 Bar
                 ,
                 the
                 Judgement
                 of
                 the
                 Court
                 is
                 ,
                 and
                 the
                 Court
                 doth
                 award
                 ,
                 that
                 you
                 be
                 led
                 back
                 ,
              
               &c.
               
               And
               the
               Lord
               have
               mercy
               on
               your
               Souls
               .
            
          
           
             
               Clerk.
               
            
             
               Cryer
               make
               Proclamation
               .
            
          
           
             
               Cryer
               .
            
             
               O
               Yes
               ,
               &c.
               All
               manner
               of
               Person
               ,
               &c.
               Jurors
               and
               Witnesses
               to
               appear
               to
               morrow
               morning
               at
               seven
               of
               the
               Clock
               at
               this
               place
               ;
               So
               
                 God
                 save
                 his
                 Majesty
              
               .
            
          
        
         
           
           
             Session-House
             Old-Bayly
             ,
             
               Octo.
               1●
               .
               1660.
               
            
             The
             Courts
             being
             Assembled
             ,
             Proclamation
             was
             made
             .
          
           
             
               Clerk
               of
               the
               Court.
               
            
             
               Set
               
                 Cook
                 ,
                 Peters
                 ,
                 Hacker
              
               and
               Axtel
               ,
               to
               the
               Bar
               :
            
          
           
             They
             being
             brought
             the
             Keeper
             was
             afterwards
             ordered
             to
             take
             back
             all
             except
             M.
             Cook.
             
          
           
             
               Cl.
               
            
             
               
                 John
                 Cook
              
               hold
               up
               thy
               hand
               ,
               &c.
               
            
          
           
             Jury
             
             Sir.
             J.
             Whitchcot
             ,
             James
             Hawley
             ,
             Jo.
             Nichol
             of
             Henden
             ,
             Tho.
             Nichol
             ,
             F.
             Thorn
             ,
             Edw.
             Wilford
             ,
             Wil.
             Gumbleton
             ,
             Jo.
             Shelbury
             ,
             Tho.
             Jenney
             ,
             Tho.
             Willet
             ,
             Sir
             H.
             Wroth
             ,
             Rich.
             Cheney
             ,
             
               of
               the
               Jury
               called
               and
               Sworn
               .
            
          
           
             
               Mr.
               Cook.
               
            
             
               May
               it
               please
               your
               Lordship
               ,
               I
               do
               not
               know
               any
               of
               these
               Persons
               ,
               I
               beseech
               your
               Lordship
               that
               in
               regard
               the
               safety
               of
               my
               life
               depends
               upon
               the
               indifferency
               of
               these
               Persons
               ,
               that
               your
               Lordship
               may
               demand
               of
               the
               Sheriff
               to
               know
               whether
               he
               hath
               not
               heard
               them
               say
               ,
               or
               any
               of
               them
               ,
               that
               they
               are
               preingaged
               ,
               I
               hope
               they
               are
               not
               ,
               and
               thereupon
               I
               have
               not
               challenged
               any
               .
            
          
           
             
               Lo.
               Ch.
               Bar.
               
            
             
               Sir
               ,
               the
               Officer
               reads
               their
               names
               out
               of
               his
               Papers
               ,
               I
               suppose
               he
               doth
               not
               pick
               and
               chuse
               them
               ;
               I
               would
               not
               have
               him
               ,
               and
               I
               am
               sure
               he
               will
               not
               do
               you
               any
               wrong
               in
               that
               particular
               .
            
          
           
             
               Cook.
               
            
             
               My
               Lord
               I
               am
               satisfied
               .
            
          
           
             
               Cl.
               
            
             
               If
               any
               man
               can
               inform
               ,
               &c.
               
            
          
           
             
               Cl.
               
            
             
               
                 J.
                 Cook
              
               hold
               up
               thy
               hand
               .
            
          
           
             
               Cook.
               
            
             
               My
               Lords
               ,
               I
               desire
               Pen
               ,
               Ink
               ,
               and
               Paper
               .
            
          
           
             
               Lo.
               Ch.
               Bar.
               
            
             
               Give
               it
               him
               .
            
          
           
             
               Cl.
               J.
               C.
               
            
             
               Hold
               up
               thy
               hand
               .
               You
               that
               are
               sworn
               look
               upon
               the
               Prisoner
               :
               You
               shall
               understand
               ,
               &c.
               
               
                 (
                 Here
                 the
                 Indictment
                 was
                 read
                 as
                 before
                 .
                 )
              
            
          
           
             
               Mr.
               Soll
               Gen.
               
            
             
               May
               it
               please
               your
               Lordships
               ,
               and
               you
               Gentlemen
               that
               are
               sworn
               of
               this
               Jury
               ,
               the
               Prisoner
               at
               the
               Bar
               stands
               Indicted
               for
               High
               Treason
               for
               Compassing
               and
               Imagining
               the
               death
               of
               the
               late
               K.
               of
               Blessed
               Memory
               :
               The
               indictment
               sets
               forth
               ,
               That
               he
               ,
               together
               with
               others
               ,
               did
               assemble
               at
               Westminster
               Hall
               ,
               and
               sets
               forth
               many
               other
               particulars
               of
               sitting
               ,
               sentencing
               ,
               and
               of
               the
               consequent
               Death
               and
               Murther
               of
               the
               King.
               The
               matter
               and
               charge
               of
               the
               Indictment
               is
               
               for
               Compassing
               and
               Imagining
               the
               Death
               of
               the
               King
               ,
               the
               rest
               of
               the
               Circumstances
               of
               the
               Indictment
               are
               but
               alledged
               as
               overt
               acts
               to
               prove
               the
               Imagination
               ,
               which
               only
               is
               the
               Treason
               .
               This
               Prisoner
               at
               the
               Bar
               stands
               here
               Indicted
               for
               this
               Treason
               of
               Compassing
               and
               imagining
               the
               late
               Kings
               Death
               .
               My
               Lord
               ,
               his
               part
               and
               portion
               in
               this
               matter
               will
               be
               different
               from
               those
               that
               have
               been
               tryed
               before
               you
               ,
               they
               sat
               as
               Judges
               to
               sentence
               the
               King
               ,
               and
               he
               ,
               my
               Lord
               ,
               stood
               as
               a
               wicked
               Instrument
               of
               that
               matter
               at
               the
               Bar
               ,
               and
               there
               he
               doth
               with
               his
               own
               hand
               subscribe
               and
               exhibite
               a
               charge
               of
               High
               Treason
               ,
               a
               scandalous
               Libel
               against
               our
               Soveraign
               to
               that
               pretended
               Court
               to
               be
               read
               against
               him
               as
               an
               accusasion
               in
               the
               name
               of
               all
               the
               people
               of
               England
               ;
               when
               he
               had
               done
               that
               ,
               he
               makes
               large
               discourses
               and
               aggravations
               to
               prove
               (
               if
               it
               had
               been
               possible
               )
               innocency
               it self
               to
               be
               Treason
               :
               When
               he
               had
               done
               ,
               he
               would
               not
               suffer
               his
               Majesty
               to
               speak
               in
               his
               defence
               ,
               but
               still
               took
               him
               up
               ,
               and
               said
               ,
               that
               he
               did
               spin
               out
               delays
               ,
               and
               desired
               that
               the
               charge
               might
               be
               taken
               as
               if
               he
               had
               confessed
               it
               :
               He
               pressed
               the
               Court
               that
               Judgment
               might
               be
               given
               against
               the
               King
               ;
               he
               was
               the
               man
               that
               did
               demand
               that
               wicked
               Judgment
               before
               the
               Court
               pronounced
               it
               ;
               and
               he
               was
               the
               man
               that
               did
               against
               his
               own
               Conscience
               ,
               after
               he
               had
               acknowledged
               that
               he
               was
               a
               wise
               and
               gracious
               King
               ,
               yet
               says
               he
               ,
               
                 That
                 he
                 must
                 dye
                 and
                 Monarchy
                 with
                 him
                 ,
              
               there
               in
               truth
               was
               the
               Treason
               and
               the
               cause
               of
               that
               fatal
               blow
               that
               fell
               upon
               the
               King.
               This
               was
               his
               part
               to
               carry
               on
               ;
               how
               he
               did
               it
               as
               a
               wicked
               Counsellor
               we
               shall
               prove
               to
               you
               ,
               and
               the
               wages
               and
               reward
               of
               the
               Iniquity
               that
               he
               did
               receive
               .
            
          
           
             James
             Nutley
             Sworn
             .
          
           
             
               Councel
               .
            
             
               Pray
               tell
               the
               Circumstances
               of
               the
               Prisoners
               Proceedings
               at
               Westminster
               Hall
               ,
               when
               he
               did
               exhibite
               a
               Charge
               against
               the
               King.
               
            
          
           
             
               Mr.
               Nutley
               .
            
             
               My
               Lords
               ,
               the
               first
               day
               of
               bringing
               his
               Majesty
               to
               his
               Tryal
               ,
               was
               
                 Saturday
                 ,
                 Jan.
                 20.
              
               1648.
               
               Before
               they
               sate
               in
               publick
               ,
               they
               that
               were
               of
               the
               Committee
               of
               that
               which
               they
               called
               the
               
                 High
                 Court
                 of
                 Justice
              
               ,
               did
               meet
               in
               the
               Painted
               Chamber
               ,
               which
               was
               in
               the
               forenoon
               of
               that
               
               day
               .
               Being
               there
               I
               did
               observe
               that
               there
               was
               one
               Price
               a
               Scrivener
               that
               was
               writing
               of
               a
               Charge
               ;
               I
               stood
               at
               a
               great
               distance
               and
               saw
               him
               write
               ,
               and
               I
               saw
               this
               Gentleman
               the
               Prisoner
               at
               the
               Bar
               near
               thereabouts
               where
               it
               was
               writing
               ,
               I
               think
               it
               was
               at
               the
               Court
               of
               Wards
               .
               This
               charge
               afterwards
               (
               a
               Parchment
               writing
               )
               I
               did
               see
               in
               the
               hands
               of
               this
               Gentleman
               the
               Prisoner
               at
               the
               Bar.
               A
               very
               little
               after
               that
               they
               called
               their
               names
               they
               did
               adjourn
               from
               the
               Painted
               Chamber
               into
               Westminster
               Hall
               ,
               the
               great
               Hall.
               The
               Method
               that
               they
               observed
               ,
               the
               first
               thing
               was
               to
               call
               the
               Commissioners
               by
               name
               in
               the
               Act
               ;
               the
               pretended
               Act
               for
               trying
               the
               King
               was
               read
               ;
               that
               is
               ,
               when
               the
               Court
               was
               sat
               ,
               the
               Commissioners
               were
               called
               by
               their
               names
               ,
               and
               as
               I
               remember
               they
               stood
               up
               as
               their
               names
               were
               called
               :
               The
               next
               thing
               was
               reading
               the
               Act
               for
               the
               trying
               of
               his
               late
               Majesty
               .
               After
               that
               was
               read
               ,
               then
               this
               Gentleman
               ,
               the
               Prisoner
               at
               the
               Bar
               presented
               the
               Parchment
               Writing
               ,
               which
               was
               called
               the
               Impeachment
               or
               Charge
               against
               his
               Majesty
               :
               Mr.
               Bradshaw
               was
               then
               President
               of
               that
               Court
               ,
               and
               so
               called
               Lord
               President
               ;
               he
               commanded
               that
               the
               Prisoner
               should
               be
               sent
               for
               ,
               saying
               ,
               Serjeant
               Dendy
               
                 send
                 for
                 your
                 Prisoner
              
               ;
               thereupon
               the
               King
               was
               brought
               up
               as
               a
               Prisoner
               ,
               and
               put
               within
               a
               Bar
               :
               And
               when
               the
               Court
               was
               silenced
               and
               settled
               ,
               this
               Gentleman
               the
               Prisoner
               at
               the
               Bar
               did
               deliver
               the
               Charge
               ,
               the
               Impeachment
               to
               the
               Court
               ,
               and
               it
               was
               read
               :
               The
               King
               was
               demanded
               to
               plead
               to
               it
               presently
               .
               Here
               I
               should
               first
               tell
               you
               ,
               that
               upon
               the
               Kings
               first
               coming
               in
               there
               was
               a
               kind
               of
               a
               Speech
               made
               by
               Mr.
               Bradshaw
               to
               the
               King
               in
               this
               manner
               ,
               I
               ●hink
               I
               shall
               repeat
               the
               very
               words
               ,
               Charles
               Stuart
               
                 King
                 of
              
               England
               ,
               
                 the
                 Commons
                 of
              
               England
               
                 assembled
                 in
                 Parliament
                 taking
                 notice
                 of
                 the
                 effusion
                 of
                 blood
                 in
                 the
                 Land
                 ,
                 which
                 is
                 fixed
                 on
                 you
                 as
                 the
                 Author
                 of
                 it
                 ,
                 and
                 whereof
                 you
                 are
                 guilty
                 ,
                 have
                 resolved
                 to
                 bring
                 you
                 to
                 a
                 tryal
                 and
                 Judgment
                 ,
                 and
                 for
                 this
                 cause
                 this
                 Tribunal
                 is
                 erected
                 :
              
               There
               was
               little
               reverence
               given
               to
               his
               Majesty
               then
               ,
               which
               I
               was
               troubled
               at
               :
               he
               added
               this
               further
               ,
               
                 That
                 there
                 was
                 a
                 charge
                 to
                 be
                 exhibited
                 against
                 him
                 by
                 the
                 Solicitor
                 General
              
               ;
               I
               think
               this
               Gentleman
               was
               so
               called
               at
               that
               time
               ,
               and
               he
               called
               to
               him
               to
               exhibit
               
               the
               Charge
               ;
               and
               this
               Gentleman
               ,
               (
               the
               Prisoner
               at
               the
               Bar
               )
               did
               deliver
               an
               Impeachment
               ,
               a
               Parchment
               writing
               ,
               which
               was
               called
               a
               Charge
               against
               the
               King
               at
               that
               time
               ,
               which
               was
               received
               and
               read
               against
               him
               .
            
          
           
             
               Coun.
               
            
             
               Did
               you
               ever
               see
               the
               Charge
               
                 (
                 which
                 was
                 now
                 shewn
                 to
                 Mr.
                 
                   Nutley
                   ?
                
                 )
              
            
          
           
             
               Mr.
               Nut.
               
            
             
               My
               Lords
               I
               do
               believe
               that
               this
               is
               the
               very
               Charge
               ,
               I
               am
               confident
               it
               is
               the
               same
               writing
               ;
               I
               have
               often
               seen
               him
               write
               ,
               and
               by
               the
               Character
               of
               his
               hand
               this
               is
               the
               same
               .
            
          
           
             
               Council
               .
            
             
               Go
               on
               with
               your
               story
               .
            
          
           
             
               Mr.
               Nut.
               
            
             
               My
               Lords
               immediately
               upon
               the
               delivery
               of
               this
               Charge
               of
               Impeachment
               which
               was
               delivered
               in
               the
               Kings
               presence
               ,
               after
               it
               was
               read
               the
               King
               was
               demanded
               to
               give
               an
               answer
               to
               it
               ,
               His
               Majesty
               desired
               to
               speak
               something
               before
               he
               did
               answer
               to
               the
               pretended
               Impeachment
               (
               for
               so
               his
               Majesty
               was
               pleased
               to
               call
               it
               )
               He
               did
               use
               words
               to
               this
               purpose
               ,
               saith
               he
               ,
               I
               do
               wonder
               for
               what
               cause
               you
               do
               convene
               me
               here
               before
               you
               :
               he
               looked
               about
               him
               ,
               saith
               he
               ,
               I
               see
               no
               Lords
               here
               ,
               where
               are
               the
               Lords
               ?
               upon
               this
               Mr.
               Bradshaw
               the
               President
               ▪
               for
               so
               he
               was
               called
               ,
               did
               interrupt
               his
               Majesty
               ,
               and
               told
               him
               ,
               Sir
               ,
               saith
               he
               ,
               you
               must
               attend
               the
               business
               of
               the
               Court
               ;
               to
               that
               purpose
               you
               are
               brought
               hither
               ,
               and
               you
               must
               give
               a
               positive
               answer
               to
               the
               Charge
               :
               saith
               the
               King
               ,
               you
               will
               hear
               me
               to
               speak
               ,
               I
               have
               something
               to
               say
               before
               I
               answer
               :
               after
               much
               ado
               ,
               he
               was
               permitted
               to
               go
               on
               in
               the
               discourse
               he
               was
               in
               ,
               so
               far
               as
               they
               pleased
               .
               His
               Majesty
               said
               ,
               I
               was
               in
               ,
               the
               Isle
               of
               Wight
               ,
               and
               there
               I
               was
               treated
               with
               by
               divers
               honourable
               persons
               ,
               Lords
               and
               Commons
               ,
               a
               treaty
               of
               peace
               between
               me
               and
               my
               people
               ,
               the
               treaty
               was
               so
               far
               proceeded
               in
               that
               it
               was
               near
               a
               perfection
               :
               truly
               (
               saith
               he
               )
               I
               must
               needs
               say
               ,
               they
               treated
               with
               me
               honourably
               ,
               and
               uprightly
               ;
               and
               when
               the
               business
               was
               come
               almost
               to
               an
               end
               ,
               then
               (
               saith
               he
               )
               was
               I
               hurried
               away
               from
               them
               hither
               ,
               I
               know
               not
               by
               what
               Authority
               ,
               now
               I
               desire
               to
               know
               by
               what
               Authority
               I
               was
               called
               to
               this
               place
               :
               that
               is
               the
               first
               question
               I
               shall
               ask
               you
               before
               I
               answer
               the
               charge
               .
               It
               was
               told
               him
               by
               Mr.
               Bradshaw
               the
               President
               ;
               that
               the
               Authority
               that
               called
               him
               hither
               was
               a
               lawful
               Authority
               :
               he
               asked
               him
               what
               Authority
               it
               was
               ,
               the
               second
               time
               ▪
               it
               was
               answered
               him
               by
               the
               President
               ,
               that
               it
               was
               the
               
               Authority
               of
               the
               Commons
               of
               England
               assembled
               in
               Parliament
               ,
               which
               he
               affirmed
               then
               to
               be
               the
               Supream
               Authority
               of
               this
               Nation
               :
               the
               King
               said
               ,
               I
               do
               not
               acknowledge
               its
               Authority
               :
               Authority
               if
               taken
               in
               the
               best
               sense
               ,
               it
               must
               be
               of
               necessity
               understood
               to
               be
               lawful
               ;
               therefore
               I
               cannot
               assent
               to
               that
               :
               I
               am
               under
               a
               Power
               ,
               but
               not
               under
               an
               Authority
               :
               and
               there
               are
               many
               unlawful
               Powers
               :
               a
               Power
               that
               is
               on
               the
               high
               way
               ,
               I
               think
               I
               am
               under
               a
               Power
               ,
               but
               not
               under
               an
               Authority
               ,
               you
               cannot
               judge
               me
               by
               the
               Laws
               of
               the
               land
               ,
               nor
               the
               meanest
               Subject
               .
               I
               wonder
               you
               will
               take
               the
               boldness
               to
               impeach
               me
               your
               lawful
               King.
               To
               this
               purpose
               his
               Majesty
               was
               pleased
               to
               express
               himself
               at
               that
               time
               ,
               with
               more
               words
               to
               that
               purpose
               .
               The
               King
               went
               on
               to
               further
               discourse
               concerning
               the
               Jurisdiction
               of
               the
               Court.
               Bradshaw
               the
               President
               was
               pleased
               to
               interrupt
               him
               ,
               and
               told
               him
               several
               times
               ,
               that
               he
               trifled
               out
               the
               Courts
               time
               ,
               and
               they
               ought
               not
               to
               indure
               to
               have
               their
               Jurisdiction
               so
               much
               as
               questioned
               .
            
          
           
             
               Court.
               
            
             
               Pray
               go
               on
               .
            
          
           
             
               Mr.
               Nutly
               .
            
             
               This
               Gentleman
               at
               the
               Bar
               ,
               I
               did
               hear
               him
               demand
               the
               Kings
               answer
               several
               times
               :
               a
               positive
               answer
               was
               required
               of
               the
               King
               :
               the
               K.
               often
               desired
               to
               be
               heard
               ,
               and
               he
               interrupted
               him
               again
               and
               again
               ,
               several
               times
               ;
               and
               at
               length
               it
               was
               pray'd
               that
               the
               charge
               that
               was
               exhibited
               against
               him
               might
               be
               taken
               
                 pro
                 confesso
              
               .
            
          
           
             
               Court.
               
            
             
               By
               whom
               ?
            
          
           
             
               Nutly
               .
            
             
               By
               the
               Prisoner
               at
               the
               Bar
               ,
               if
               so
               be
               that
               he
               would
               not
               answer
               .
               This
               my
               Lord
               is
               the
               substance
               of
               what
               I
               have
               to
               say
               against
               him
               .
            
          
           
             
               Council
               .
            
             
               Mr.
               Nutly
               ,
               pray
               ,
               what
               discourse
               have
               you
               had
               at
               any
               time
               ,
               with
               the
               Prisoner
               at
               the
               Bar
               ,
               concerning
               this
               impeachment
               ?
            
          
           
             
               Nutly
               .
            
             
               Truly
               my
               Lord
               ,
               I
               knew
               the
               Gentleman
               well
               ,
               I
               was
               well
               acquainted
               with
               him
               ,
               and
               for
               the
               satisfaction
               of
               my
               own
               conscience
               (
               for
               I
               was
               very
               tender
               in
               the
               business
               ,
               and
               sorry
               he
               was
               ingaged
               in
               it
               ▪
               )
               I
               went
               to
               him
               and
               did
               desire
               him
               to
               desist
               ;
               I
               had
               discourse
               with
               him
               (
               for
               I
               was
               then
               a
               young
               Student
               ;
               in
               the
               Temple
               ,
               and
               had
               a
               little
               knowledge
               in
               the
               Laws
               :
               )
               I
               desired
               him
               to
               consider
               the
               dangerous
               consequences
               
               of
               such
               a
               proceeding
               ;
               I
               may
               say
               I
               did
               it
               with
               tears
               in
               my
               eyes
               ,
               for
               I
               had
               a
               very
               good
               respect
               to
               the
               Gentleman
               for
               his
               profession
               sake
               ,
               being
               learned
               therein
               :
               truly
               my
               Lord
               he
               did
               answer
               me
               thus
               ,
               
                 I
                 acknowlegde
                 it
                 is
                 a
                 very
                 base
                 business
                 ,
                 but
                 they
                 put
                 it
                 upon
                 me
                 ,
                 I
                 cannot
                 avoid
                 it
                 ,
                 you
                 see
                 they
                 put
                 it
                 upon
                 me
                 .
              
               I
               had
               some
               discourse
               with
               him
               concerning
               the
               oath
               of
               Allegiance
               :
               truly
               he
               was
               satisfied
               that
               this
               oath
               was
               against
               the
               business
               in
               question
               ;
               I
               saw
               he
               was
               troubled
               at
               it
               .
            
          
           
             
               Council
               .
            
             
               Can
               ye
               speak
               of
               the
               manner
               of
               calling
               for
               Judgement
               against
               the
               King
               ?
            
          
           
             
               Nutly
               .
            
             
               That
               (
               I
               have
               already
               answered
               to
               it
               )
               was
               several
               times
               done
               ;
               the
               King
               was
               brought
               several
               times
               to
               the
               Bar
               ,
               and
               at
               every
               time
               he
               was
               brought
               ,
               he
               was
               pressed
               to
               answer
               whether
               Guilty
               ,
               or
               Not
               guilty
               .
            
          
           
             
               Court.
               
            
             
               By
               whom
               ?
            
          
           
             
               Nutly
               .
            
             
               By
               the
               Sollicitor
               ,
               then
               ,
               the
               Prisoner
               now
               at
               the
               Bar.
               My
               Lord
               ,
               I
               remember
               his
               Majesty
               was
               pleased
               ,
               when
               he
               saw
               he
               could
               not
               be
               heard
               to
               the
               discourse
               that
               he
               did
               intend
               to
               make
               of
               the
               whole
               business
               ;
               saith
               the
               King
               ,
               if
               you
               will
               needs
               press
               me
               to
               an
               answer
               ,
               I
               must
               demur
               to
               your
               Jurisdiction
               :
               my
               Lord
               ,
               the
               answer
               that
               was
               given
               to
               that
               was
               this
               ,
               Mr.
               Bradshaw
               there
               then
               President
               did
               say
               ,
               Sir
               ,
               saith
               he
               ,
               if
               you
               demur
               to
               the
               Jurisdiction
               of
               this
               Court
               ,
               I
               must
               let
               you
               know
               that
               the
               Court
               doth
               over-rule
               your
               demurrer
               ;
               this
               was
               said
               my
               Lord
               ,
               and
               Judgement
               was
               pressed
               very
               often
               .
            
          
           
             
               Court.
               
            
             
               By
               whom
               ?
            
          
           
             
               Nutly
               .
            
             
               By
               the
               prisoner
               at
               the
               Bar.
               
            
          
           
             
               Cook.
               
            
             
               My
               Lord
               ,
               may
               I
               ask
               him
               a
               question
               ?
            
          
           
             
               Court.
               
            
             
               Yes
               .
            
          
           
             
               Cook.
               
            
             
               The
               first
               question
               is
               ,
               whether
               the
               Parchment
               was
               delivered
               by
               me
               unto
               the
               Court
               ,
               or
               brought
               into
               the
               Court
               by
               Mr.
               Broughton
               ,
               the
               Clerk.
               
            
          
           
             
               Mr.
               Nutly
               .
            
             
               I
               do
               encline
               to
               believe
               (
               my
               Lord
               )
               That
               it
               was
               brought
               into
               the
               Court
               ,
               and
               delivered
               by
               some
               hand
               or
               other
               ,
               to
               the
               Prisoner
               at
               the
               Bar
               ,
               I
               do
               beleive
               it
               was
               ,
               for
               I
               do
               remember
               it
               was
               written
               by
               one
               Price
               ;
               I
               was
               told
               that
               was
               his
               name
               :
               that
               may
               be
               true
               ,
               I
               believe
               it
               was
               brought
               into
               the
               Court
               and
               delivered
               to
               the
               Prisoner
               now
               at
               the
               Bar.
               
            
          
           
             
             
               Council
               .
            
             
               But
               did
               he
               exhibit
               it
               ?
            
          
           
             
               Nutly
               .
            
             
               Yes
               my
               Lords
               .
            
          
           
             
               Cook.
               
            
             
               Did
               you
               see
               me
               set
               my
               hand
               to
               that
               Parchment
               ?
            
          
           
             
               N.
               
            
             
               No
               my
               Lords
               ,
               but
               I
               believe
               it
               to
               be
               his
               hand
               .
            
          
           
             
               Cook.
               
            
             
               Another
               Question
               ,
               whether
               Mr.
               Nutly
               did
               hear
               me
               say
               concerning
               the
               opinions
               of
               those
               Gentlemen
               ,
               what
               they
               intended
               to
               do
               in
               that
               business
               ?
            
          
           
             
               Nut.
               
            
             
               My
               Lords
               I
               do
               remember
               that
               I
               had
               often
               conference
               with
               the
               Gentleman
               at
               the
               Bar.
               
            
             
               I
               desired
               him
               to
               desist
               from
               the
               business
               ,
               considering
               the
               dangerous
               consequences
               of
               it
               :
               truly
               my
               Lord
               ,
               I
               do
               well
               remember
               that
               he
               did
               say
               he
               did
               hope
               they
               did
               not
               intend
               to
               take
               away
               the
               Kings
               life
               :
               said
               I
               ,
               if
               they
               go
               about
               any
               such
               thing
               ,
               do
               you
               use
               your
               utmost
               endeavour
               to
               preserve
               his
               life
               :
               saith
               he
               ,
               I
               did
               labour
               to
               that
               purpose
               ,
               but
               they
               tell
               me
               ,
               they
               only
               intend
               to
               bring
               him
               to
               submit
               to
               the
               Parliament
               .
            
          
           
             
               Cook.
               
            
             
               It
               is
               said
               that
               I
               demanded
               Judgement
               of
               his
               life
               ,
               Mr.
               Nutly
               ,
               I
               demand
               of
               you
               ,
               whether
               I
               used
               the
               words
               of
               Judgement
               against
               his
               life
               ,
               but
               only
               I
               demanded
               their
               Judgement
               .
            
          
           
             
               Nut.
               
            
             
               My
               Lords
               ,
               for
               that
               ,
               I
               cannot
               remember
               possibly
               to
               a
               syllable
               ,
               but
               Judgement
               was
               demanded
               .
            
          
           
             
               Court.
               
            
             
               By
               whom
               ?
            
          
           
             
               N.
               
            
             
               By
               this
               person
               .
            
          
           
             
               Cook.
               
            
             
               I
               said
               the
               judgment
               of
               the
               Court
               ,
               not
               against
               him
               ,
               I
               meant
               judgement
               for
               his
               acquital
               .
            
          
           
             
               Court.
               
            
             
               Did
               you
               ever
               hear
               him
               desire
               the
               Court
               that
               the
               Charge
               might
               be
               taken
               
                 pro
                 confesso
              
               ?
            
          
           
             
               N.
               
            
             
               That
               I
               have
               said
               my
               Lord
               ,
               it
               was
               urged
               by
               the
               Prisoner
               at
               the
               Bar
               against
               his
               Majesty
               ,
               That
               if
               he
               would
               not
               plead
               to
               the
               Charge
               ,
               that
               then
               the
               matter
               charged
               in
               it
               might
               be
               taken
               
                 pro
                 confesso
              
               .
               But
               my
               Lord
               ,
               if
               you
               please
               to
               give
               me
               leave
               to
               add
               this
               one
               word
               more
               ,
               my
               Lord
               ,
               I
               did
               hear
               him
               say
               at
               that
               time
               ;
               he
               shewed
               me
               a
               paper
               that
               contained
               an
               order
               of
               the
               Court
               that
               did
               direct
               the
               very
               words
               that
               he
               should
               use
               when
               he
               came
               to
               deliver
               the
               Charge
               ,
               whether
               those
               words
               were
               in
               the
               order
               I
               do
               not
               know
               .
            
          
           
             
               Cook.
               
            
             
               Whether
               was
               I
               not
               directed
               by
               those
               Gentlemen
               the
               very
               words
               I
               should
               speak
               ?
            
          
           
             
             
               Court.
               
            
             
               We
               are
               satisfied
               in
               that
               ;
               he
               saith
               by
               an
               order
               ,
               that
               you
               shewed
               him
               ,
               you
               were
               so
               directed
               .
               If
               you
               have
               any
               thing
               more
               ,
               ask
               it
               him
               .
            
          
           
             Mr.
             Farrington
             sworn
             .
          
           
             
               Mr.
               Sol.
               Gen.
               
            
             
               Pray
               tell
               my
               Lords
               and
               the
               Jury
               ,
               what
               was
               the
               carriage
               of
               the
               Prisoner
               at
               the
               Bar
               ,
               at
               Westminster
               ,
               at
               the
               place
               they
               called
               the
               High
               Court
               of
               Justice
               .
            
          
           
             
               Farringt
               .
            
             
               My
               Lord
               ,
               I
               was
               present
               about
               the
               20th
               of
               
                 Jan.
                 1648.
              
               at
               that
               which
               they
               called
               the
               High
               Court
               of
               Justice
               ,
               and
               Mr.
               Bradshaw
               sat
               then
               as
               President
               ,
               so
               much
               as
               I
               remember
               concerning
               the
               Prisoner
               at
               the
               Bar
               ,
               I
               shall
               acquaint
               your
               Lorship
               .
               This
               Gentleman
               at
               the
               Bar
               ,
               after
               the
               reading
               of
               the
               Commission
               ,
               and
               directions
               by
               the
               President
               ,
               to
               bring
               his
               Majesty
               (
               the
               prisoner
               they
               called
               him
               )
               to
               the
               Bar
               ;
               the
               King
               being
               brought
               ,
               after
               silence
               made
               ,
               and
               some
               speeches
               made
               by
               the
               President
               ,
               this
               Gentleman
               the
               Prisoner
               at
               the
               Bar
               ,
               having
               then
               a
               Parchment
               in
               his
               hand
               ,
               the
               substance
               of
               it
               was
               for
               levying
               War
               against
               the
               Kingdom
               ,
               he
               prayed
               that
               it
               might
               be
               read
               and
               accepted
               as
               a
               Charge
               in
               behalf
               of
               the
               good
               people
               of
               England
               .
               It
               was
               accordingly
               read
               ,
               and
               afterwards
               being
               demanded
               to
               answer
               ,
               after
               his
               Majesty
               having
               given
               several
               reasons
               as
               to
               the
               Jurisdiction
               of
               the
               Court
               ,
               four
               days
               ,
               every
               day
               the
               Prisoner
               at
               the
               Bar
               demanded
               the
               judgement
               of
               the
               Court.
               And
               if
               his
               Majesty
               would
               not
               answer
               to
               the
               charge
               ,
               it
               might
               be
               taken
               
                 pro
                 confesso
              
               .
            
          
           
             
               Coun.
               
            
             
               Do
               you
               know
               his
               hand
               if
               you
               see
               it
               ?
            
          
           
             
               Farring
               .
            
             
               I
               have
               not
               seen
               his
               hand
               a
               long
               time
               :
               
                 Then
                 the
                 Impeachment
                 was
                 shewn
                 to
                 the
                 witness
                 .
              
            
          
           
             
               Far.
               
            
             
               Truly
               Sir
               ,
               this
               is
               like
               his
               hand
               .
            
          
           
             
               Coun.
               
            
             
               Do
               you
               believe
               it
               ?
            
          
           
             
               Far.
               
            
             
               It
               is
               very
               like
               it
               ,
               I
               do
               not
               know
               positively
               .
            
          
           
             
               Coun.
               
            
             
               Did
               you
               hear
               the
               words
               
                 pro
                 confesso
              
               ?
            
          
           
             
               Far.
               
            
             
               Yes
               my
               Lord
               ,
               several
               times
               after
               the
               first
               day
               .
            
          
           
             
               Coun.
               
            
             
               Did
               he
               interrupt
               the
               King
               in
               his
               discourse
               ,
               as
               to
               say
               these
               words
               ,
               that
               the
               Charge
               might
               be
               taken
               
                 pro
                 confesso
              
               ?
            
          
           
             
               Far.
               
            
             
               I
               do
               remember
               one
               day
               there
               was
               some
               interruption
               between
               the
               King
               and
               him
               ,
               the
               King
               laying
               his
               Cane
               upon
               his
               shoulder
               desiring
               him
               to
               forbear
               .
            
          
           
             
               Cock.
               
            
             
               You
               cannot
               say
               that
               I
               interrupted
               his
               Majesty
               .
            
          
           
             
             
               Far.
               
            
             
               I
               remember
               that
               the
               King
               laid
               his
               Cane
               upon
               your
               shoulders
               .
            
          
           
             
               Cook.
               
            
             
               Whether
               did
               I
               the
               first
               ,
               or
               the
               last
               day
               demand
               judgement
               ,
               or
               that
               any
               thing
               might
               be
               taken
               
                 pro
                 confesso
              
               ?
            
          
           
             
               Far.
               
            
             
               The
               first
               day
               ?
               no
               ,
               but
               after
               the
               first
               day
               he
               did
               several
               days
               ,
               you
               did
               the
               last
               day
               .
            
          
           
             
               Griffith
               Bodurdo
            
             Esq
             ;
             sworn
             .
          
           
             
               Coun.
               
            
             
               Sir
               ,
               you
               have
               heard
               the
               question
               ,
               give
               an
               accompt
               to
               my
               Lords
               ,
               and
               Gentlemen
               of
               the
               Jury
               ,
               of
               the
               carriage
               of
               the
               Prisoner
               at
               the
               Bar
               towards
               his
               Majesty
               during
               the
               time
               of
               the
               Tryal
               .
            
          
           
             
               Mr.
               Bod.
               
            
             
               My
               Lord
               ,
               I
               was
               all
               the
               time
               that
               the
               King
               was
               brought
               there
               before
               the
               Court
               ,
               as
               a
               Prisoner
               ,
               I
               was
               present
               all
               the
               day
               ,
               having
               a
               conveniency
               out
               of
               my
               house
               into
               a
               Gallery
               ,
               that
               was
               some
               part
               of
               it
               over
               that
               Court.
               I
               do
               remember
               that
               the
               Prisoner
               at
               the
               Bar
               (
               whom
               I
               never
               saw
               before
               that
               time
               )
               did
               exhibit
               a
               charge
               the
               first
               day
               against
               the
               Prisoner
               at
               the
               Bar
               ,
               which
               was
               the
               King
               ,
               in
               these
               very
               terms
               ,
               
                 The
                 Prisoner
                 at
                 the
                 Bar
              
               :
               the
               charge
               I
               heard
               it
               read
               ,
               then
               ;
               I
               have
               not
               seen
               it
               since
               ;
               the
               substance
               was
               this
               .
               That
               for
               levying
               war
               against
               the
               Parliament
               and
               people
               of
               England
               ,
               and
               namely
               at
               such
               and
               such
               a
               place
               killing
               of
               the
               people
               of
               England
               (
               I
               think
               Naseby
               and
               Keinton
               field
               was
               named
               in
               it
               ,
               and
               divers
               other
               places
               were
               named
               in
               the
               Charge
               ,
               )
               and
               the
               Conclusion
               was
               that
               he
               had
               done
               those
               things
               as
               a
               Tyrant
               ,
               Traitor
               ,
               Murtherer
               ,
               and
               a
               publick
               and
               implacable
               enemy
               of
               the
               Commonwealth
               .
               But
               this
               Prisoner
               at
               the
               Bar
               did
               exhibit
               the
               Charge
               ,
               and
               the
               King
               did
               then
               ,
               as
               you
               have
               heard
               he
               did
               ,
               plead
               to
               the
               Jurisdiction
               of
               the
               Court.
               The
               King
               would
               fain
               have
               been
               heard
               ,
               but
               I
               think
               they
               did
               adjourn
               for
               that
               time
               .
               The
               next
               day
               he
               pleaded
               the
               same
               thing
               ,
               I
               remember
               the
               answer
               that
               was
               several
               times
               given
               ;
               twice
               given
               by
               Bradshaw
               to
               the
               King
               :
               thus
               ,
               
                 that
                 the
                 Court
                 did
                 assert
                 their
                 own
                 Jurisdiction
                 ,
              
               The
               second
               and
               third
               day
               ,
               I
               do
               not
               remember
               any
               day
               after
               the
               first
               ,
               but
               that
               the
               prisoner
               at
               the
               Bar
               did
               demand
               judgement
               for
               the
               Kings
               not
               pleading
               ,
               and
               did
               several
               times
               make
               complaints
               to
               the
               Court
               of
               the
               Kings
               delays
               ,
               that
               he
               intended
               delays
               and
               nothing
               else
               .
            
          
           
             
             
               Cook.
               
            
             
               Pray
               my
               Lord
               ,
               one
               Question
               ,
               whether
               my
               Lord
               ,
               before
               he
               heard
               me
               speak
               of
               demanding
               judgement
               against
               the
               King
               ,
               whether
               he
               did
               not
               hear
               Mr.
               Bradshaw
               several
               times
               say
               that
               the
               Court
               owned
               their
               Authority
               ,
               and
               that
               the
               matter
               would
               be
               taken
               
                 pro
                 confesso
              
               ?
            
          
           
             
               Mr.
               Bodurdo
               .
            
             
               I
               did
               hear
               the
               Prisoner
               at
               the
               Bar
               desire
               of
               the
               Court
               ,
               that
               it
               might
               be
               so
               ;
               and
               I
               heard
               the
               Prisoner
               tell
               the
               King
               that
               it
               must
               be
               so
               .
            
          
           
             Joseph
             Herne
             sworn
             .
          
           
             
               Coun.
               
            
             
               
                 Mr.
                 Herne
              
               ,
               tell
               my
               Lords
               ,
               what
               you
               know
               of
               the
               prisoners
               carriage
               at
               the
               High
               Court
               of
               Justice
               ,
               as
               they
               called
               it
               .
            
          
           
             
               Mr.
               Herne
               .
            
             
               Upon
               Saturday
               the
               20th
               of
               Jan.
               1648.
               it
               was
               the
               first
               day
               His
               Majesty
               was
               convened
               before
               them
               .
            
             
               I
               could
               not
               come
               near
               the
               Court
               ;
               only
               I
               saw
               him
               at
               a
               distance
               ,
               I
               heard
               nothing
               ,
               but
               the
               acclamations
               of
               the
               people
               crying
               out
               ,
               
                 God
                 save
                 your
                 Majesty
              
               :
               what
               was
               done
               in
               the
               Court
               I
               know
               nothing
               of
               .
               On
               Munday
               I
               was
               there
               ,
               and
               had
               a
               conveniency
               to
               see
               and
               hear
               what
               was
               acted
               ;
               and
               so
               His
               Majesty
               being
               come
               to
               the
               Seat
               appointed
               for
               him
               ,
               the
               prisoner
               at
               the
               Bar
               being
               called
               upon
               by
               the
               then
               President
               Bra.
               he
               demanded
               of
               him
               what
               he
               had
               to
               ask
               of
               the
               Court.
               He
               was
               then
               talking
               with
               Dorislaus
               ,
               and
               semeed
               not
               to
               mind
               the
               business
               of
               the
               Court.
               His
               Majesty
               sitting
               near
               ,
               takes
               his
               stick
               and
               thrusts
               the
               Prisoner
               at
               the
               Bar
               upon
               his
               shoulder
               ;
               and
               the
               Prisoner
               looking
               back
               with
               a
               great
               deal
               of
               indignation
               turned
               about
               .
               I
               did
               hear
               Bradshaw
               speaking
               to
               him
               in
               these
               words
               ,
               Mr.
               Sol.
               have
               you
               any
               thing
               to
               demand
               of
               the
               Court
               ?
               whereupon
               the
               prisoner
               at
               the
               Bar
               did
               use
               these
               or
               the
               like
               words
               ?
               May
               it
               please
               your
               Lordships
               ,
               I
               have
               formerly
               in
               the
               name
               of
               the
               Commons
               assembled
               in
               Parliament
               and
               the
               good
               people
               of
               England
               exhibited
               a
               Charge
               of
               High
               Treason
               and
               other
               high
               crimes
               against
               
                 Charles
                 Stuart
              
               the
               prisoner
               at
               the
               Bar
               ,
               flinging
               his
               head
               back
               in
               this
               manner
               to
               him
               .
               He
               had
               there
               further
               to
               require
               of
               the
               Court
               that
               he
               might
               be
               demanded
               to
               make
               positive
               answer
               ,
               by
               confession
               or
               denial
               ;
               if
               not
               ,
               that
               the
               Court
               would
               take
               it
               
                 pro
                 confesso
              
               ,
               and
               proceed
               according
               to
               Justice
               :
               this
               was
               on
               the
               first
               day
               I
               was
               in
               the
               Court.
               The
               President
               Bradshaw
               told
               ,
               His
               Majesty
               ,
               that
               he
               heard
               what
               was
               craved
               
               in
               the
               name
               of
               the
               Commons
               assembled
               in
               Parliament
               and
               the
               good
               people
               of
               England
               against
               him
               by
               the
               now
               Prisoner
               at
               the
               Bar.
               The
               King
               stood
               up
               ,
               but
               Bradshaw
               prevented
               him
               in
               what
               he
               had
               to
               say
               ,
               telling
               of
               him
               that
               the
               Court
               had
               given
               him
               time
               to
               that
               day
               to
               know
               when
               he
               would
               plead
               to
               the
               Charge
               .
               His
               Majesty
               proceeded
               to
               object
               against
               the
               Jurisdiction
               ,
               and
               said
               he
               did
               demur
               to
               the
               Jurisdiction
               of
               the
               Court
               ;
               upon
               which
               the
               President
               answered
               him
               ,
               If
               you
               demur
               to
               the
               Jurisdiction
               of
               the
               Court
               ,
               you
               must
               know
               that
               the
               Court
               hath
               over-ruled
               your
               demurrer
               ,
               and
               you
               must
               plead
               to
               your
               Charge
               ,
               guilty
               or
               not
               guilty
               :
               upon
               that
               the
               King
               asked
               their
               authority
               ,
               and
               desired
               he
               might
               give
               reasons
               against
               it
               ;
               he
               was
               denyed
               it
               by
               the
               President
               ,
               the
               President
               at
               last
               was
               content
               to
               tell
               him
               ,
               that
               though
               he
               was
               not
               satisfied
               with
               their
               authority
               ,
               they
               were
               ,
               and
               he
               must
               :
               but
               to
               satisfie
               him
               ,
               he
               told
               him
               in
               short
               ,
               they
               sat
               there
               by
               the
               supream
               authority
               of
               the
               Nation
               ,
               the
               Commons
               assembled
               in
               Parliament
               ,
               by
               whom
               his
               Anceston
               ever
               were
               ,
               and
               to
               whom
               he
               was
               accomptable
               ;
               then
               the
               King
               stood
               up
               ,
               by
               your
               favour
               shew
               me
               one
               President
               .
               Bradshaw
               〈◊〉
               down
               in
               an
               angry
               manner
               ,
               Sir
               ,
               saith
               he
               ,
               we
               sit
               not
               here
               to
               answer
               your
               Questions
               ,
               plead
               to
               your
               Charge
               guilty
               or
               not
               guilty
               :
               Clerk
               do
               your
               duty
               ;
               whereupon
               Broughton
               stood
               up
               and
               asked
               what
               he
               had
               to
               say
               ,
               whether
               guilty
               or
               not
               guilty
               :
               and
               President
               Bradshaw
               said
               that
               if
               he
               would
               not
               plead
               ,
               they
               must
               record
               his
               contempt
               .
               His
               Majesty
               turned
               about
               to
               the
               people
               ,
               and
               said
               ,
               then
               remember
               that
               the
               King
               of
               England
               suffers
               being
               not
               permitted
               to
               give
               his
               reasons
               for
               the
               liberty
               of
               the
               people
               :
               with
               that
               a
               great
               shout
               came
               from
               the
               people
               ,
               crying
               ,
               
                 God
                 save
                 the
                 King
              
               :
               but
               there
               was
               an
               awe
               upon
               them
               ,
               that
               they
               could
               not
               express
               themselves
               as
               they
               would
               have
               done
               I
               believe
               .
            
          
           
             
               Coun.
               
            
             
               What
               did
               Cook
               say
               to
               the
               Judgement
               ,
               did
               you
               hear
               him
               press
               for
               Judgement
               ?
            
          
           
             
               Mr.
               H.
               
            
             
               Yes
               ,
               I
               heard
               these
               words
               from
               the
               Prisoner
               at
               the
               Bar
               ,
               That
               if
               the
               K.
               would
               not
               plead
               ,
               his
               Charge
               might
               be
               taken
               ,
               
                 〈◊〉
                 Conf.
              
               and
               that
               the
               Court
               might
               proceed
               according
               to
               Justice
               .
            
          
           
             
               Cook.
               
            
             
               One
               question
               more
               ,
               whether
               he
               often
               heard
               me
               
               speak
               those
               words
               ,
               that
               it
               might
               be
               taken
               
                 pro
                 Confesso
              
               ,
               and
               to
               proceed
               according
               to
               Justice
               .
            
          
           
             
               Mr.
               Hern.
               
            
             
               You
               desired
               he
               might
               be
               held
               to
               his
               Plea
               ,
               confession
               or
               denial
               ,
               that
               he
               might
               not
               be
               suffered
               to
               use
               any
               words
               to
               the
               Jurisdiction
               of
               the
               Court.
               
            
          
           
             
               Cook.
               
            
             
               Whether
               he
               heard
               the
               Charge
               read
               .
            
          
           
             
               Hern.
               
            
             
               I
               did
               not
               hear
               the
               Charge
               read
               ,
               I
               was
               not
               there
               the
               first
               day
               .
               I
               heard
               you
               confess
               you
               had
               exhibited
               a
               Charge
               of
               high
               Treason
               against
               the
               Prisoner
               at
               the
               Bar
               ,
               which
               was
               then
               the
               King's
               Majestie
               .
            
          
           
             
               Cook.
               
            
             
               Whether
               I
               did
               not
               in
               the
               Charge
               conclude
               ,
               that
               all
               proceedings
               might
               be
               according
               to
               Justice
               .
            
          
           
             
               Court.
               
            
             
               Read
               the
               Title
               and
               last
               Article
               of
               that
               Charge
               ,
            
          
           
             which
             was
             accordingly
             read
             ,
             and
             follows
             in
             
               haec
               verba
            
             .
          
           
             
               
                 
                   
                     
                       The
                       Title
                       of
                       the
                       Charge
                       .
                    
                     
                       The
                       Charge
                       of
                       the
                       Commons
                       of
                       England
                       against
                       
                         Charles
                         Sewart
                      
                       KING
                       of
                       England
                       ,
                       of
                       High
                       Treason
                       ,
                       and
                       other
                       Crimes
                       exhibited
                       to
                       the
                       High
                       Court
                       of
                       Justice
                       .
                    
                  
                   
                     
                       The
                       last
                       Clause
                       in
                       the
                       Charge
                       .
                    
                     
                       And
                       the
                       said
                       
                         Iohn
                         Cook
                      
                       by
                       protestation
                       (
                       saving
                       on
                       the
                       behalf
                       of
                       the
                       people
                       of
                       Eng.
                       the
                       liberty
                       of
                       exhibiting
                       at
                       any
                       time
                       hereafter
                       any
                       other
                       Charge
                       against
                       the
                       said
                       
                         Char.
                         Stew.
                      
                       and
                       also
                       of
                       replying
                       to
                       the
                       answers
                       which
                       the
                       said
                       
                         Char.
                         Stew.
                      
                       shall
                       make
                       to
                       the
                       premisses
                       ,
                       or
                       any
                       of
                       them
                       ,
                       or
                       any
                       other
                       charge
                       that
                       shall
                       be
                       so
                       exhibited
                       )
                       doth
                       for
                       the
                       said
                       Treasons
                       and
                       Crimes
                       on
                       the
                       behalf
                       of
                       the
                       said
                       people
                       of
                       England
                       impeach
                       the
                       said
                       
                         Charles
                         Stewart
                      
                       as
                       a
                       Tyrant
                       ,
                       Traytor
                       ,
                       Murderer
                       ,
                       publick
                       and
                       implacable
                       enemy
                       to
                       the
                       Commonwealth
                       of
                       England
                       ,
                       and
                       prayeth
                       that
                       the
                       said
                       
                         Charles
                         Stewart
                      
                       King
                       of
                       England
                       may
                       be
                       put
                       to
                       answer
                       all
                       and
                       every
                       the
                       premisses
                       ,
                       that
                       such
                       proceedings
                       ,
                       examinations
                       ,
                       tryals
                       ,
                       sentences
                       and
                       judgement
                       ,
                       may
                       be
                       hereupon
                       had
                       as
                       shall
                       be
                       agreeable
                       to
                       Justice
                       .
                    
                  
                
              
            
          
           
             
             
               Court.
               
            
             
               Mr.
               
                 Cook
                 ▪
              
               will
               you
               have
               any
               Witnesses
               examined
               touching
               the
               question
               you
               last
               asked
               ?
            
          
           
             
               Cook.
               
            
             
               No
               ,
               be
               pleased
               to
               go
               on
               .
            
          
           
             Mr.
             Baker
             Sworn
             .
          
           
             
               Mr.
               Bak.
               
            
             
               My
               Lords
               and
               Gentlemen
               of
               the
               Jury
               ,
               I
               was
               at
               the
               High
               Court
               of
               Justice
               ,
               as
               they
               called
               it
               ,
               the
               first
               ,
               second
               and
               third
               daies
               ,
               not
               to
               trouble
               you
               with
               the
               proceedings
               of
               of
               Bradshaw
               ,
               I
               will
               tell
               you
               what
               I
               observed
               of
               this
               Gentleman
               ,
               I
               have
               the
               notes
               that
               I
               took
               there
               ,
               and
               pray
               that
               I
               may
               read
               them
               to
               help
               my
               memory
               ,
               which
               was
               granted
               ,
               and
               then
               proceeded
               in
               this
               manner
               ,
               That
               day
               my
               Lord
               ,
               Mr.
               Cook
               told
               the
               Court
               that
               he
               charged
               the
               Prisoner
               at
               the
               Bar
               (
               meaning
               the
               KING
               )
               with
               Treason
               and
               high
               misdemeanors
               ,
               and
               desired
               that
               the
               Charge
               might
               be
               read
               :
               the
               Charge
               was
               this
               ,
               That
               he
               had
               upheld
               a
               Tyrannical
               Government
               ,
               &c.
               and
               for
               that
               cause
               was
               adjudged
               to
               be
               a
               Tyrant
               ,
               &c.
               and
               did
               then
               press
               that
               the
               prisoner
               might
               give
               an
               answer
               to
               that
               :
               and
               that
               very
               earnestly
               .
               The
               second
               day
               ,
               my
               Lord
               ,
               he
               told
               the
               Court
               that
               he
               did
               the
               last
               day
               exhibit
               a
               Charged
               High
               Treason
               against
               the
               Prisoner
               at
               the
               Bar
               ,
               (
               meaning
               the
               King
               )
               and
               that
               he
               did
               desire
               he
               might
               make
               answer
               to
               it
               ,
               and
               he
               told
               them
               also
               ,
               that
               instead
               of
               making
               an
               answer
               to
               the
               Court
               ,
               the
               King
               had
               delayed
               the
               Court
               ,
               but
               desired
               the
               K.
               might
               make
               a
               positive
               answer
               ,
               or
               otherwise
               that
               it
               might
               be
               taken
               
                 pro
                 confesso
              
               .
               The
               third
               day
               my
               Lord
               he
               came
               and
               told
               the
               Court
               as
               before
               ,
               that
               the
               King
               had
               delayed
               then
               ,
               and
               then
               he
               charged
               him
               with
               the
               Highest
               Treasons
               ,
               and
               Crimes
               that
               ever
               were
               acted
               upon
               the
               Theatre
               of
               England
               ,
               and
               then
               pressed
               that
               Judgement
               might
               be
               given
               against
               him
               ;
               and
               another
               expression
               was
               ,
               that
               it
               was
               not
               so
               much
               He
               ,
               but
               the
               Innocent
               and
               precious
               bloud
               that
               was
               shed
               ,
               that
               did
               crie
               for
               Judgment
               against
               the
               Prisoner
               at
               the
               Bar
               this
               my
               Lord
               ,
               in
               substance
               ;
               there
               were
               other
               passages
               .
            
          
           
             
               Cook.
               
            
             
               Whether
               before
               this
               time
               he
               had
               not
               heard
               some
               thing
               of
               an
               Act
               or
               Order
               proclaimed
               at
               Westminster
               ,
               whether
               there
               was
               any
               other
               word
               in
               effect
               used
               in
               that
               charge
               more
               than
               in
               the
               Proclamation
               ?
            
          
           
             
               Mr.
               Baker
               .
            
             
               I
               did
               hear
               of
               the
               Proclamation
               and
               Charge
               
               and
               the
               substance
               of
               it
               ,
               I
               have
               given
               an
               accompt
               of
               it
               ,
               and
               I
               did
               hear
               you
               press
               upon
               it
               very
               much
               :
               the
               Proclamation
               ,
               I
               heard
               of
               it
               that
               it
               was
               made
               forthe
               summoning
               of
               the
               Court
               ,
               but
               I
               did
               not
               hear
               the
               Proclamation
               made
               .
            
          
           
             
               Cook.
               
            
             
               That
               that
               was
               called
               the
               Act
               of
               the
               Commons
               for
               Trying
               of
               the
               King
               ?
            
          
           
             
               Mr.
               Baker
               .
            
             
               I
               did
               hear
               of
               the
               Act
               ,
               but
               did
               not
               take
               notice
               of
               it
               .
            
          
           
             Mr.
             George
             Masterson
             Sworn
             .
          
           
             
               Counc
               .
            
             
               
                 Mr.
                 Masterson
              
               ,
               pray
               inform
               my
               Lords
               and
               the
               Jury
               what
               you
               know
               touching
               the
               carriage
               of
               the
               Prisoner
               at
               the
               Bar
               ,
               at
               the
               Tryal
               of
               his
               late
               Majesty
               .
            
          
           
             
               Mr.
               Masterson
               .
            
             
               My
               Lords
               ,
               and
               you
               Gentlemen
               of
               the
               Jury
               ,
               I
               was
               present
               in
               that
               they
               called
               the
               High
               Court
               of
               Justice
               upon
               the
               22
               ,
               23.
               and
               27.
               days
               of
               January
               ,
               in
               the
               year
               1648.
               
               I
               shall
               wave
               those
               circumstances
               which
               you
               have
               heard
               ,
               and
               many
               of
               which
               I
               well
               remember
               ,
               and
               what
               I
               heard
               likewise
               between
               the
               King
               ,
               who
               was
               then
               a
               Prisoner
               ,
               and
               the
               then
               President
               Bradshaw
               ;
               but
               concerning
               the
               Prisoner
               at
               the
               Bar
               ,
               this
               I
               very
               well
               remember
               ,
               that
               upon
               Munday
               I
               heard
               him
               say
               he
               had
               exhibited
               a
               Charge
               of
               High
               Treason
               against
               the
               Prisoner
               (
               then
               the
               King
               )
               and
               demanded
               how
               that
               he
               might
               plead
               to
               his
               charge
               ,
               I
               do
               very
               well
               remember
               that
               after
               some
               passages
               between
               the
               King
               and
               the
               Court
               ,
               the
               Prisoner
               at
               the
               Bar
               desired
               the
               King
               might
               plead
               to
               his
               Charge
               ,
               or
               else
               it
               might
               be
               taken
               
                 pro
                 Confesso
              
               :
               I
               remember
               upon
               the
               last
               day
               ,
               the
               day
               of
               that
               fatal
               Sentence
               ,
               I
               heard
               the
               Prisoner
               at
               the
               Bar
               demand
               in
               the
               name
               of
               the
               Commons
               assembled
               in
               Parliament
               ,
               and
               all
               the
               good
               people
               of
               England
               ,
               Judgement
               upon
               the
               Prisoner
               at
               the
               Bar
               ,
               pointing
               to
               the
               King
               ;
               
                 this
                 is
                 all
              
               .
            
          
           
             Mr.
             Burden
             sworn
             .
          
           
             
               Councel
               .
            
             
               Do
               you
               know
               who
               did
               examine
               the
               witnesses
               against
               the
               King
               ,
               and
               were
               you
               examined
               ,
               and
               by
               whom
               ?
            
          
           
             
               Burden
               .
            
             
               By
               Judge
               Cook
               ,
               for
               so
               he
               was
               called
               in
               Ireland
               .
            
          
           
             
               Councel
               .
            
             
               Did
               he
               examine
               you
               as
               a
               witness
               against
               the
               King
               ,
               did
               he
               give
               you
               an
               Oath
               ?
            
          
           
             
               Burden
               .
            
             
               Yes
               ,
               my
               Lord
               ,
               and
               many
               others
               .
            
          
           
             
               Cook.
               
            
             
               This
               is
               a
               new
               thing
               ,
               I
               never
               heard
               of
               this
               before
               ,
               where
               was
               it
               that
               I
               examined
               him
               ?
               I
               had
               no
               power
               .
            
          
           
             
             
               Council
               .
            
             
               No
               ,
               we
               know
               that
               ,
               but
               you
               were
               active
               .
            
          
           
             
               Court.
               
            
             
               Where
               was
               it
               ?
            
          
           
             
               Cook.
               
            
             
               Whether
               there
               were
               not
               any
               others
               with
               me
               in
               the
               Room
               ,
               and
               where
               it
               was
               ?
            
          
           
             
               Burden
               .
            
             
               It
               was
               at
               
               Westminster-hall
               within
               the
               High
               Court
               of
               Justice
               .
            
          
           
             
               Cook.
               
            
             
               Who
               was
               there
               besides
               me
               ?
            
          
           
             
               Burden
               .
            
             
               I
               cannot
               tell
               ,
               Axtel
               he
               was
               there
               ,
               and
               I
               am
               sure
               Cook
               was
               there
               .
            
          
           
             
               Councel
               .
            
             
               Mr.
               Burden
               ,
               Pray
               tell
               my
               L.
               &
               the
               Jury
               what
               questions
               you
               were
               examined
               upon
               ,
               and
               what
               they
               tended
               to
               .
            
          
           
             
               Burden
               .
            
             
               He
               examined
               me
               and
               gave
               me
               my
               Oath
               ,
               there
               was
               eight
               or
               nine
               of
               us
               ,
               we
               had
               been
               in
               the
               Kings
               Army
               in
               former
               times
               ,
               this
               Gentleman
               (
               Col.
               Axtel
               brought
               us
               in
               ,
               commanded
               us
               out
               of
               our
               Company
               ,
               I
               was
               in
               his
               Company
               ,
               and
               this
               Gentleman
               )
               himself
               gave
               us
               our
               Oaths
               ,
               he
               asked
               us
               where
               we
               saw
               the
               King
               in
               action
               ,
               I
               did
               reply
               to
               him
               ,
               and
               told
               him
               I
               saw
               him
               in
               the
               Field
               with
               his
               Army
               ;
               he
               asked
               me
               many
               other
               questions
               that
               I
               could
               not
               tell
               him
               ,
               he
               asked
               me
               ,
               whether
               I
               did
               see
               the
               King
               at
               Nottingham
               set
               up
               his
               Standard
               ,
               and
               I
               was
               never
               at
               Nottingham
               in
               my
               life
               ,
               these
               were
               the
               questions
               .
            
          
           
             Mr.
             Starkey
             Sworn
             .
          
           
             
               Court.
               
            
             
               Pray
               inform
               my
               Lords
               and
               Gentlemen
               of
               the
               Jury
               what
               passed
               between
               you
               and
               the
               Prisoner
               at
               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
               h●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
               
                 Require●●●
                 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
               Treason
               ,
               and
               my
               Lord
               ,
               had
               this
               been
               in
               times
               of
               peace
               ,
               and
               had
               His
               Majesty
               been
               no
               Prisoner
               ,
               (
               now
               he
               was
               under
               the
               power
               of
               an
               Army
               )
               this
               had
               been
               great
               Treason
               ;
               but
               he
               being
               a
               Prisoner
               ,
               not
               by
               my
               means
               ,
               (
               for
               I
               was
               no
               sword-man
               )
               what
               can
               a
               man
               that
               knows
               himself
               innocent
               ,
               being
               a
               Prisoner
               ,
               desire
               more
               than
               a
               speedy
               Tryal
               ?
               so
               that
               making
               the
               Tryal
               more
               speedy
               cannot
               be
               said
               to
               be
               done
               trayterously
               .
               A
               Tryal
               doth
               follow
               imprisonment
               as
               naturally
               and
               necessarily
               as
               the
               shadow
               doth
               the
               body
               .
               If
               any
               man
               shall
               desire
               and
               be
               instrumental
               in
               bringing
               him
               to
               a
               Tryal
               which
               might
               acquit
               rather
               than
               condemn
               him
               ,
               and
               so
               humbly
               pray
               proceedings
               according
               to
               Justice
               ,
               this
               will
               have
               I
               hope
               a
               better
               name
               than
               Treason
               .
               I
               am
               much
               beholding
               to
               His
               Majesty
               and
               this
               honourable
               Parli
               .
               for
               the
               penning
               of
               the
               Act
               of
               Indempnity
               ,
               which
               I
               hope
               my
               L.
               you
               will
               give
               me
               leave
               to
               take
               notice
               of
               .
            
          
           
             
               Court.
               
            
             
               Open
               as
               much
               as
               you
               will
               of
               it
               .
            
          
           
             
               Cook.
               
            
             
               My
               Lords
               ,
               the
               words
               that
               I
               would
               make
               use
               of
               ,
               are
               in
               the
               beginning
               ,
               Treason
               ,
               Murder
               and
               other
               Felonies
               that
               
               are
               spoken
               of
               ,
               they
               are
               said
               to
               be
               counselled
               ,
               commanded
               ,
               acted
               or
               done
               ;
               in
               the
               preamble
               which
               is
               as
               the
               Key
               to
               open
               the
               mind
               and
               meaning
               of
               the
               Law-makers
               ,
               it
               is
               said
               that
               all
               persons
               shall
               be
               pardoned
               for
               all
               ,
               excepting
               such
               as
               shall
               be
               named
               ,
               and
               in
               such
               manner
               as
               they
               shall
               be
               excepted
               ,
               and
               then
               it
               comes
               ,
               provided
               that
               this
               Act
               shall
               not
               extend
               to
               pardon
               such
               and
               such
               persons
               ,
               and
               by
               name
               ,
               I
               am
               one
               ;
               and
               it
               is
               said
               ,
               all
               which
               persons
               for
               their
               execrable
               Treason
               in
               Sentencing
               to
               death
               ,
               or
               signing
               the
               Instrument
               for
               the
               horrid
               murther
               ,
               or
               being
               instrumental
               in
               taking
               away
               the
               precious
               life
               of
               our
               late
               Soveraign
               Lord
               Charles
               the
               First
               of
               glorious
               memory
               ,
               are
               left
               to
               be
               proceeded
               against
               as
               Traytors
               to
               his
               late
               Majesty
               ,
               according
               to
               the
               Laws
               of
               England
               ,
               and
               are
               out
               of
               the
               said
               Act
               wholly
               excepted
               ,
               and
               foreprized
               .
               There
               is
               not
               any
               thing
               offered
               against
               me
               upon
               the
               two
               1st
               .
               great
               words
               ,
               which
               are
               Sentencing
               and
               signing
               ,
               that
               which
               I
               have
               to
               do
               to
               endeavour
               to
               clear
               my self
               is
               this
               being
               instrumental
               in
               taking
               away
               the
               life
               of
               his
               said
               Majesty
               ,
               first
               I
               humbly
               offer
               this
               to
               the
               Juries
               consideration
               .
               That
               where
               the
               Parliament
               doth
               begin
               to
               fix
               the
               treasonable
               part
               ,
               there
               I
               hope
               ,
               and
               no
               otherwise
               this
               honourabe
               Court
               will
               fix
               it
               :
               if
               it
               had
               been
               the
               Intention
               that
               Counsellors
               ,
               advisers
               ,
               and
               such
               as
               spoke
               their
               minds
               sometimes
               in
               the
               business
               (
               you
               know
               that
               was
               Epidemical
               )
               many
               words
               were
               spoken
               which
               cannot
               be
               justified
               ;
               whether
               naturally
               it
               would
               not
               have
               followed
               ,
               that
               all
               such
               persons
               for
               their
               counselling
               ,
               advising
               or
               being
               instrumental
               ,
               are
               left
               to
               be
               proceeded
               against
               as
               Traytors
               ,
               I
               hope
               you
               will
               take
               that
               into
               consideration
               :
               concerning
               the
               words
               ,
               or
               being
               instrumental
               ,
               observe
               it
               is
               not
               said
               ,
               or
               being
               any
               otherwaies
               instrumental
               ,
               but
               Sentencing
               ,
               signing
               or
               being
               instrumental
               ,
               if
               therefore
               the
               word
               Instrumental
               be
               not
               of
               a
               general
               comprehensive
               nature
               ,
               then
               all
               this
               evidence
               which
               hath
               been
               given
               in
               against
               me
               ,
               being
               before
               the
               Sentencing
               and
               signing
               ,
               will
               fall
               to
               the
               ground
               ;
               that
               this
               is
               the
               legal
               ,
               genuine
               ,
               and
               Grammatical
               sense
               ,
               &
               cannot
               be
               any
               otherwise
               ,
               than
               as
               particular
               ,
               as
               if
               it
               were
               the
               Sentencer
               ,
               signer
               ,
               &
               Executioner
               ,
               which
               if
               it
               had
               been
               so
               ,
               nothing
               of
               the
               Evidence
               would
               have
               reached
               me
               .
               My
               argument
               is
               this
               ,
               such
               a
               use
               is
               to
               
               be
               made
               of
               an
               Act
               of
               Parliament
               ,
               that
               no
               word
               may
               be
               frustrate
               ,
               and
               insignificant
               ,
               but
               if
               this
               Interpretation
               shall
               be
               put
               upon
               it
               ,
               sentencing
               ,
               signing
               ,
               or
               being
               any
               way
               instrumental
               ,
               then
               the
               words
               ,
               Sentencing
               ,
               and
               Signing
               ,
               need
               not
               have
               been
               ,
               if
               Instrumental
               will
               carry
               the
               words
               Sentencing
               ,
               and
               signing
               ,
               then
               these
               words
               will
               carry
               no
               force
               atall
               ,
               especially
               ,
               my
               Lord
               ,
               when
               there
               is
               no
               need
               of
               any
               retrospect
               at
               all
               ,
               if
               it
               be
               so
               ,
               I
               know
               not
               how
               far
               it
               may
               look
               back
               ;
               there
               is
               no
               necessity
               of
               putting
               any
               comprehensive
               generality
               upon
               this
               word
               instrumental
               ,
               but
               that
               the
               plain
               natural
               sense
               will
               be
               this
               ;
               That
               those
               ,
               that
               did
               sentence
               and
               Sign
               ,
               and
               those
               that
               were
               instrumental
               in
               taking
               away
               his
               life
               ,
               that
               is
               ,
               those
               that
               did
               abet
               ,
               and
               comfort
               that
               person
               unknown
               ,
               or
               justifie
               ,
               or
               countenance
               him
               ,
               which
               is
               after
               the
               Sentencing
               ,
               and
               not
               before
               in
               the
               legal
               sense
               .
               Next
               I
               conceive
               that
               a
               Councellor
               cannot
               be
               said
               to
               do
               any
               thing
               ,
               
                 vi
                 &
                 armis
              
               .
            
             
               It
               is
               said
               that
               by
               force
               and
               Arms
               I
               did
               abet
               ,
               &c.
               it
               is
               Rhetorical
               to
               say
               that
               words
               may
               be
               as
               Swords
               ,
               but
               legal
               it
               is
               not
               ,
               unless
               there
               be
               something
               
                 vi
                 &
                 armis
              
               ,
               in
               the
               Grammatical
               sense
               ,
               instrumental
               in
               taking
               away
               the
               Kings
               life
               ,
               it
               is
               not
               said
               instrumental
               in
               order
               to
               take
               away
               the
               K.
               life
               ,
               or
               instrumental
               in
               advising
               to
               take
               away
               the
               K.
               life
               ,
               but
               instrumental
               in
               taking
               away
               the
               K.
               life
               .
               My
               Lord
               ,
               The
               next
               thing
               is
               ,
               that
               there
               cannot
               be
               any
               thing
               to
               be
               said
               to
               be
               done
               by
               me
               ,
               first
               not
               falso
               ,
               because
               in
               that
               sense
               it
               must
               have
               the
               operation
               of
               mendacity
               ,
               that
               there
               must
               be
               a
               lie
               told
               in
               it
               ,
               I
               did
               nothing
               but
               what
               I
               was
               required
               to
               do
               ,
               to
               set
               down
               such
               and
               such
               words
               ,
               I
               did
               not
               invent
               nor
               contrive
               them
               ,
               I
               heard
               nothing
               of
               it
               till
               the
               tenth
               day
               of
               Jan.
               My
               Lord
               ,
               for
               malitiose
               ,
               that
               I
               did
               not
               any
               thing
               maliciously
               ,
               I
               hope
               it
               will
               appear
               in
               this
               ,
               what
               I
               then
               spoke
               ,
               it
               was
               for
               my
               Fee
               ,
               it
               may
               be
               called
               avaritia
               but
               not
               malitia
               ,
               for
               the
               Law
               will
               imply
               a
               malice
               but
               when
               there
               is
               no
               other
               express
               ground
               or
               reason
               why
               the
               thing
               was
               done
               ,
               but
               here
               was
               an
               express
               ground
               to
               speak
               for
               my
               Fee
               ,
               I
               hope
               the
               Jury
               will
               take
               that
               into
               consideration
               .
               Then
               Secondly
               ,
               I
               was
               not
               Judicial
               in
               the
               Case
               ,
               I
               was
               not
               Magisterial
               as
               any
               Officer
               ,
               but
               ministerial
               .
               As
               touching
               examining
               of
               witnesses
               ,
               it
               is
               a
               great
               mistake
               ,
               the
               Court
               had
               power
               to
               give
               an
               Oath
               ;
               
               I
               might
               be
               there
               ;
               but
               I
               had
               no
               power
               to
               give
               an
               Oath
               ,
               but
               whether
               I
               might
               ask
               any
               question
               ,
               I
               do
               not
               remember
               ,
               but
               that
               I
               should
               give
               an
               Oath
               ,
               that
               is
               a
               falsity
               ;
               then
               my
               Lord
               ,
               for
               proditorie
               ,
               I
               hope
               there
               is
               nothing
               at
               all
               that
               appears
               to
               the
               Jury
               :
               so
               that
               there
               was
               no
               malice
               nor
               trayterous
               intention
               in
               the
               thing
               .
               There
               are
               some
               matters
               of
               Law
               which
               I
               desire
               your
               Lordships
               will
               give
               me
               leave
               to
               speak
               to
               ,
               and
               that
               your
               Lordships
               will
               be
               of
               Counsel
               with
               me
               .
               I
               would
               offer
               something
               concerning
               his
               Majesties
               gracious
               Declaration
               from
               Breda
               to
               the
               Parliament
               (
               I
               was
               then
               in
               Ireland
               )
               I
               did
               put
               in
               a
               Petition
               to
               the
               honourable
               Commissioners
               before
               any
               exception
               was
               ,
               that
               I
               might
               have
               the
               benefit
               of
               that
               Declaration
               ,
               I
               did
               lay
               hold
               of
               it
               .
               My
               Lords
               there
               are
               two
               things
               in
               that
               Declaration
               that
               I
               would
               offer
               .
               His
               Majesty
               saith
               that
               for
               the
               restoring
               of
               the
               Kings
               Peers
               and
               people
               of
               the
               Kingdom
               to
               their
               just
               rights
               and
               liberties
               ,
               He
               will
               grant
               a
               free
               and
               general
               Pardon
               to
               all
               ,
               excepting
               such
               as
               shall
               be
               by
               Parliament
               excepted
               ,
               and
               within
               three
               or
               four
               lines
               after
               it
               is
               said
               a
               free
               Parliament
               ,
               though
               I
               do
               not
               in
               the
               least
               question
               the
               Legality
               of
               this
               Parliament
               ,
               yet
               my
               Lords
               to
               this
               particular
               purpose
               ,
               whether
               the
               Parliament
               that
               was
               to
               except
               ought
               not
               to
               be
               a
               Parliament
               that
               was
               to
               be
               called
               accoring
               to
               his
               Majesties
               Writ
               ,
               according
               to
               the
               Laws
               of
               the
               Kingdom
               ,
               I
               humbly
               conceive
               it
               will
               bear
               that
               ,
               though
               His
               Majesty
               is
               pleased
               to
               confirm
               this
               ,
               yet
               it
               is
               not
               such
               a
               Parliament
               that
               was
               to
               except
               ,
               that
               I
               offer
               to
               your
               Lordships
               .
               My
               Lords
               ,
               that
               that
               I
               would
               humbly
               make
               hold
               to
               put
               for
               my self
               ,
               because
               it
               is
               the
               priviledge
               of
               one
               in
               my
               condition
               ,
               is
               this
               .
               There
               is
               my
               Lord
               ,
               many
               Lords
               ,
               the
               Earl
               of
               Essex
               ,
               the
               Earl
               of
               Southampton
               ,
               and
               others
               that
               were
               adjudged
               in
               the
               44
               of
               Eliz.
               3.
               institutes
               ,
               they
               did
               trayterously
               and
               maliciously
               conspire
               to
               take
               her
               Majesty
               Prisoner
               ,
               and
               to
               remove
               her
               Counsellours
               from
               her
               ,
               which
               were
               found
               guilty
               and
               suffered
               accordingly
               ;
               the
               reason
               is
               ,
               That
               because
               thereby
               if
               it
               had
               been
               done
               ,
               they
               had
               despoiled
               her
               Maje
               .
               of
               her
               Regal
               Government
               ,
               &
               the
               case
               is
               instant
               in
               Philip
               who
               was
               a
               nominative
               King
               ,
               that
               it
               was
               not
               Treason
               to
               have
               attempted
               any
               thing
               against
               him
               .
               My
               Lords
               ,
               his
               Majesty
               being
               a
               Prisoner
               without
               any
               hand
               of
               
               mine
               ,
               I
               giving
               advice
               according
               to
               what
               was
               dictated
               to
               me
               to
               bring
               him
               to
               that
               tryal
               ,
               whereby
               he
               might
               have
               been
               acquitted
               ,
               and
               so
               set
               at
               liberty
               :
               I
               hope
               that
               will
               not
               be
               said
               as
               instrumental
               .
               My
               Lords
               ,
               I
               humbly
               shall
               offer
               but
               two
               words
               ,
               1.
               to
               honourable
               Court
               ,
               then
               to
               the
               Jury
               ,
               the
               words
               of
               
                 25
                 E.
              
               3.
               and
               so
               the
               exposition
               of
               the
               learned
               Judges
               have
               been
               from
               time
               to
               time
               ,
               that
               there
               shll
               be
               no
               semblable
               Treasons
               made
               by
               presumptions
               or
               strains
               of
               wit
               ,
               but
               those
               Treasons
               specified
               there
               ;
               It
               is
               said
               if
               a
               Husband
               do
               kill
               his
               Wife
               ,
               or
               a
               Wife
               kill
               her
               Husband
               ,
               a
               Master
               should
               kill
               his
               Servant
               ,
               or
               the
               Servant
               should
               kill
               his
               Master
               ,
               that
               that
               shall
               be
               petty
               Treason
               ;
               a
               Child
               did
               kill
               his
               Father
               ,
               though
               that
               was
               looked
               upon
               as
               a
               great
               sin
               ,
               yet
               the
               Judges
               do
               not
               presume
               that
               to
               be
               Treason
               ,
               because
               it
               was
               not
               in
               the
               very
               words
               :
               this
               being
               an
               extraordinary
               Case
               :
               to
               write
               a
               thing
               after
               another
               ,
               doth
               not
               appear
               there
               was
               a
               malicious
               heart
               in
               him
               that
               did
               write
               .
               There
               hath
               been
               the
               Act
               of
               Parlia
               .
               that
               doth
               call
               these
               Courts
               Tyrannical
               and
               Unlawful
               Courts
               ;
               but
               my
               Lords
               ,
               a
               Tyrannical
               and
               Unlawful
               Court
               is
               a
               Court
               
                 de
                 facto
              
               ,
               though
               not
               
                 de
                 jure
              
               ;
               if
               a
               Court
               be
               not
               a
               just
               and
               lawful
               Court
               ,
               it
               cannot
               be
               said
               but
               that
               it
               is
               a
               Court
               :
               we
               say
               a
               Thief
               is
               a
               true
               man
               ,
               though
               morally
               he
               is
               not
               so
               ;
               this
               was
               a
               Court
               ,
               Officers
               attending
               on
               them
               ,
               some
               said
               they
               had
               Authority
               ,
               &
               therefore
               for
               one
               to
               come
               and
               act
               within
               his
               Sphere
               ,
               not
               to
               act
               out
               of
               that
               ,
               nor
               to
               do
               any
               thing
               ,
               but
               what
               he
               had
               a
               prescript
               form
               appointed
               him
               ,
               I
               hope
               that
               will
               not
               be
               found
               to
               be
               within
               the
               letter
               of
               the
               Law
               ;
               I
               have
               been
               told
               (
               how
               true
               ,
               I
               cannot
               tell
               )
               that
               there
               have
               been
               some
               votes
               in
               the
               honourable
               Parliament
               ,
               that
               those
               that
               did
               only
               counsel
               or
               advise
               ,
               those
               were
               not
               to
               be
               looked
               upon
               as
               Traytors
               ;
               I
               have
               been
               told
               so
               ,
               that
               those
               that
               did
               only
               speak
               as
               Councel
               for
               their
               Fee
               ,
               who
               were
               not
               the
               contrivers
               of
               it
               ,
               the
               Parliament
               did
               not
               intend
               they
               should
               be
               left
               to
               be
               proceeded
               against
               .
            
          
           
             
               Court.
               
            
             
               That
               Letter
               that
               was
               sent
               from
               the
               Commons
               to
               the
               King
               at
               Breda
               ,
               they
               speak
               first
               of
               the
               violation
               that
               was
               put
               upon
               the
               Parliament
               ,
               and
               of
               the
               base
               horrid
               Murther
               of
               his
               late
               Majesty
               .
               It
               is
               said
               that
               the
               Parliament
               (
               I
               conceive
               they
               meant
               of
               the
               remaining
               part
               )
               they
               were
               not
               guilty
               ,
               
               but
               some
               few
               ambitious
               ,
               bloody
               ,
               guilty
               persons
               ,
               who
               contrived
               the
               same
               ,
               and
               others
               misled
               by
               them
               .
            
          
           
             
               Cook.
               
            
             
               The
               other
               matter
               of
               Law
               is
               this
               ,
               I
               say
               that
               I
               do
               hope
               that
               though
               that
               order
               ,
               which
               I
               was
               about
               to
               produce
               concering
               my
               acting
               ,
               that
               if
               it
               may
               not
               in
               a
               legal
               sense
               any
               way
               be
               said
               to
               be
               an
               Act
               of
               the
               Parliament
               and
               Commons
               ,
               yet
               it
               may
               be
               said
               to
               be
               such
               an
               order
               to
               bear
               out
               those
               that
               did
               Act
               according
               to
               it
               ,
               because
               there
               was
               then
               no
               other
               authory
               
                 de
                 facto
              
               ,
               otherwise
               it
               were
               not
               lawful
               for
               any
               man
               to
               exercise
               his
               profession
               during
               such
               a
               Power
               .
               I
               hope
               ,
               Councellors
               might
               then
               exercise
               their
               profession
               ,
               aswel
               as
               others
               :
               My
               Lord
               ,
               though
               I
               should
               suffer
               my self
               in
               this
               case
               ,
               I
               should
               be
               loth
               the
               honourable
               profession
               of
               the
               Law
               should
               .
               I
               think
               I
               was
               in
               my
               Sphere
               acting
               as
               a
               Counsellor
               .
               Now
               Gentlemen
               of
               the
               Jury
               ,
               that
               which
               I
               have
               to
               say
               to
               you
               ,
               is
               an
               evidence
               concerning
               matter
               of
               life
               ,
               it
               must
               be
               so
               clear
               that
               every
               one
               that
               hears
               it
               may
               understand
               it
               .
               It
               is
               called
               an
               evidence
               because
               it
               is
               evident
               ,
               it
               is
               one
               reason
               ,
               why
               Prisoners
               for
               their
               lives
               are
               not
               allowed
               Counsel
               for
               matter
               of
               fact
               ,
               because
               the
               evidence
               is
               ,
               and
               ought
               to
               be
               so
               clear
               and
               plain
               that
               every
               one
               should
               be
               satisfied
               both
               Jury
               and
               standers
               by
               ,
               and
               it
               is
               a
               proper
               word
               to
               say
               the
               Prisoner
               is
               convicted
               ,
               that
               is
               as
               much
               as
               his
               mouth
               is
               stopped
               ,
               and
               therefore
               I
               say
               ,
               truly
               as
               I
               hope
               ,
               I
               may
               speak
               it
               to
               you
               without
               offence
               ,
               as
               Jeremy
               in
               another
               Case
               ,
               when
               some
               of
               the
               people
               would
               have
               had
               them
               put
               him
               to
               death
               ,
               
                 as
                 for
                 me
                 behold
                 I
                 am
                 in
                 your
                 hand
                 ,
                 do
                 with
                 me
                 as
                 seemeth
                 good
                 and
                 meet
                 unto
                 you
                 .
              
               26.
               
               Jer.
               14
               ,
               15.
               ver
               .
               saith
               he
               ,
               
                 But
                 know
                 ye
                 for
                 certain
                 ,
                 that
                 if
                 ye
                 put
                 me
                 to
                 death
                 ,
                 ye
                 shall
                 surely
                 bring
                 innocent
                 blood
                 upon
                 your selves
                 .
              
               I
               hope
               you
               will
               not
               willingly
               be
               Guilty
               of
               any
               such
               thing
               ,
               I
               must
               leave
               it
               to
               your
               consciences
               whether
               you
               believe
               ,
               that
               I
               had
               an
               hand
               in
               the
               K.
               Death
               ,
               when
               I
               did
               write
               but
               only
               that
               which
               others
               did
               dictate
               unto
               me
               ,
               and
               when
               I
               spoke
               only
               for
               my
               Fee
               ,
               and
               this
               I
               would
               be
               bold
               to
               say
               ,
               though
               the
               argument
               is
               not
               so
               directly
               confessed
               ,
               that
               humane
               Justice
               ,
               (
               I
               do
               first
               say
               as
               this
               my
               principle
               ,
               and
               opinion
               is
               )
               that
               as
               every
               man
               ought
               to
               pay
               his
               moral
               debts
               ,
               so
               all
               political
               debts
               ,
               there
               is
               a
               debt
               due
               to
               human
               Justice
               ,
               so
               political
               ,
               if
               the
               Lord
               should
               have
               suffered
               
               me
               to
               have
               been
               drunk
               and
               kill'd
               a
               man
               for
               which
               I
               ought
               to
               have
               died
               ,
               in
               stead
               of
               speaking
               for
               my self
               ,
               I
               would
               have
               rather
               intreated
               the
               Jury
               to
               have
               found
               me
               Guilty
               ,
               I
               think
               these
               things
               ought
               to
               be
               answered
               political
               debts
               ;
               when
               I
               was
               in
               Ireland
               ,
               and
               had
               opportunity
               of
               going
               away
               ,
               if
               I
               thought
               I
               had
               been
               Guilty
               I
               might
               have
               done
               it
               ,
               my
               name
               is
               put
               into
               his
               Majesties
               Proclamation
               .
               It
               is
               true
               ,
               I
               was
               a
               prisoner
               three
               or
               four
               months
               before
               ,
               so
               that
               I
               could
               not
               render
               my self
               ,
               to
               what
               end
               should
               that
               Proclamation
               mention
               my
               name
               ?
               it
               was
               laid
               I
               obscured
               my self
               ,
               but
               I
               did
               not
               ,
               humane
               Justice
               doth
               never
               punish
               ,
               so
               much
               for
               expiation
               as
               for
               prevention
               ;
               The
               judgements
               of
               the
               learned
               
                 Aquinas
                 ,
                 Grotius
              
               ,
               and
               Amesius
               ,
               and
               many
               others
               ,
               that
               if
               a
               man
               doth
               kill
               a
               man
               ,
               commit
               any
               thing
               worthy
               of
               death
               ,
               though
               he
               doth
               repent
               never
               so
               much
               ,
               yet
               that
               others
               may
               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
               crimes
               soever
               they
               have
               committed
               ;
               Except
               such
               as
               by
               a
               Free
               Parliament
               shall
               be
               excepted
               ,
               a
               legal
               Parliament
               called
               by
               the
               Writ
               of
               the
               King
               ,
               which
               this
               Parliament
               is
               not
               .
               To
               that
               I
               give
               these
               answers
               ;
               First
               ,
               my
               Lord
               ,
               I
               do
               say
               that
               this
               letter
               of
               our
               gracious
               Soveraign
               from
               Breda
               in
               it self
               undoubtedly
               is
               no
               Pardon
               in
               Law
               for
               Treason
               ,
               that
               cannot
               be
               without
               the
               Broad
               Seal
               .
               Next
               ,
               a
               Pardon
               under
               the
               Great
               Seal
               in
               such
               a
               form
               of
               words
               as
               this
               is
               ,
               would
               not
               be
               a
               Pardon
               for
               Treason
               ,
               for
               that
               must
               not
               be
               pardoned
               by
               implication
               ,
               but
               by
               positive
               words
               ;
               so
               in
               the
               Case
               of
               Sir
               
                 Walter
                 Raleigh
              
               a
               Commission
               directed
               to
               our
               well
               be
               loved
               Subject
               ,
               would
               not
               pardon
               the
               Treason
               ,
               of
               which
               he
               was
               condemned
               .
               In
               the
               next
               place
               this
               Letter
               at
               the
               most
               is
               but
               a
               pardon
               in
               honour
               ,
               which
               must
               always
               be
               taken
               according
               to
               the
               meaning
               ;
               And
               that
               the
               Kings
               Honour
               may
               for
               ever
               be
               sacred
               ,
               I
               say
               this
               Letter
               doth
               no
               way
               help
               the
               Prisoner
               at
               the
               Bar.
               
            
             
               First
               ,
               it
               is
               plain
               by
               the
               very
               Superscription
               of
               this
               Letter
               ,
               〈◊〉
               which
               the
               Declaration
               was
               inclosed
               ,
               that
               it
               is
               directed
               to
               the
               Speaker
               of
               Our
               House
               of
               Commons
               in
               Parliament
               assembled
               ,
               which
               cannot
               possibly
               be
               expounded
               of
               any
               other
               Parliament
               than
               that
               ,
               which
               was
               then
               sitting
               ,
               to
               whose
               Speaker
               it
               was
               written
               .
            
             
               Secondly
               ,
               the
               Letter
               it self
               says
               ;
               we
               have
               left
               it
               to
               you
               to
               provide
               for
               security
               and
               Indempnity
               ,
               and
               again
               ,
               if
               there
               be
               a
               ●●ying
               sin
               for
               which
               the
               Nation
               may
               be
               involved
               in
               infamy
               ,
               〈◊〉
               cannot
               doubt
               ,
               but
               you
               will
               be
               as
               solicitous
               to
               vindicate
               as
               we
               can
               be
               .
               And
               then
               in
               this
               very
               letter
               encloseth
               that
               declaration
               ,
               upon
               the
               penning
               of
               which
               the
               prisoner
               so
               
               much
               relies
               ;
               Now
               lay
               all
               together
               ,
               and
               it
               is
               clear
               the
               Parliament
               ,
               meant
               by
               the
               Declaration
               ,
               must
               be
               the
               same
               Parliament
               ,
               which
               was
               meant
               by
               the
               Letter
               ,
               and
               that
               was
               this
               very
               Parliament
               whom
               the
               King
               intended
               to
               trust
               ,
               both
               with
               Indempnity
               ,
               and
               with
               the
               vindication
               of
               his
               Fathers
               death
               ,
               and
               to
               be
               the
               dispensers
               both
               of
               mercy
               and
               Justice
               in
               this
               particular
               .
               Another
               thing
               is
               this
               ,
               This
               very
               Parliament
               as
               the
               Prisoner
               observes
               ,
               they
               did
               go
               to
               the
               King
               according
               to
               His
               gracious
               letter
               ,
               and
               in
               the
               behalf
               of
               all
               the
               good
               people
               of
               England
               ,
               they
               did
               lay
               hold
               of
               the
               Kings
               mercy
               in
               His
               letter
               ,
               and
               Declaration
               ,
               and
               prayed
               that
               this
               claim
               by
               their
               Speaker
               in
               the
               behalf
               of
               all
               the
               rest
               of
               the
               Commons
               of
               England
               might
               be
               effectual
               to
               all
               purposes
               ,
               and
               for
               all
               persons
               other
               than
               those
               that
               should
               be
               by
               themselves
               afterward
               excepted
               ,
               according
               to
               their
               requests
               .
               His
               Majesty
               accepts
               their
               Petition
               ,
               and
               makes
               Proclamation
               ,
               that
               his
               Pardon
               should
               extend
               to
               all
               ,
               but
               such
               as
               they
               should
               except
               ,
               what
               can
               be
               more
               clear
               and
               evident
               ,
               than
               that
               this
               is
               the
               Parliament
               which
               the
               K.
               did
               mean
               to
               be
               the
               very
               Parliament
               ,
               to
               which
               the
               Letter
               should
               have
               reference
               till
               the
               Act
               of
               Oblivion
               was
               passed
               again
               ?
               the
               late
               transactions
               of
               these
               twelve
               years
               past
               ,
               had
               involved
               so
               many
               persons
               ,
               that
               we
               could
               scarce
               find
               a
               man
               his
               he
               had
               need
               of
               mercy
               ,
               nay
               this
               very
               Parliament
               to
               which
               the
               Letter
               was
               written
               ,
               had
               need
               of
               Indempnity
               ,
               and
               it
               is
               probable
               in
               the
               nature
               of
               the
               thing
               ,
               or
               can
               it
               be
               understood
               by
               any
               man
               ,
               that
               the
               King
               writing
               to
               this
               Parliament
               ,
               and
               offering
               them
               pardon
               and
               Indempnity
               ,
               should
               mean
               such
               a
               pardon
               and
               Indempnity
               ,
               as
               future
               Parliament
               to
               be
               called
               by
               his
               own
               Writ
               should
               be
               willing
               to
               afford
               them
               ?
               Whose
               hearts
               would
               have
               been
               satisfied
               with
               so
               contingent
               a
               security
               ?
            
             
               My
               Lords
               ,
               upon
               the
               whole
               matter
               by
               what
               the
               King
               hath
               said
               in
               this
               Letter
               ,
               and
               by
               what
               the
               Parlim
               .
               hath
               done
               in
               pursuance
               thereof
               ,
               and
               by
               what
               the
               King
               hath
               proclaimed
               ,
               it
               is
               to
               my
               understanding
               as
               clear
               as
               the
               noon
               day
               ,
               that
               the
               honour
               of
               the
               King
               is
               not
               concerned
               at
               all
               in
               the
               exemption
               of
               the
               prisoner
               at
               the
               Bar
               ;
               and
               for
               the
               Cases
               of
               my
               Lord
               of
               Essex
               and
               Southampton
               which
               he
               hath
               cited
               ,
               they
               make
               against
               him
               ,
               they
               were
               condemned
               ,
               because
               they
               endeavoured
               to
               
               imprison
               the
               Queen
               ,
               and
               to
               remove
               her
               Councellours
               ,
               of
               which
               very
               fact
               the
               Prisoner
               is
               in
               Law
               guilty
               too
               ;
               and
               then
               the
               case
               of
               King
               Philip
               ,
               the
               Husband
               of
               Queen
               Mary
               makes
               nothing
               for
               him
               neither
               ,
               unless
               he
               will
               speak
               out
               ,
               and
               tell
               us
               plainly
               ,
               that
               because
               by
               a
               former
               violence
               the
               King
               was
               made
               a
               prisoner
               ,
               he
               became
               but
               like
               a
               titular
               King
               as
               King
               Philip.
               
            
             
               In
               the
               next
               place
               he
               saith
               ,
               my
               Case
               is
               out
               of
               the
               Law
               ,
               I
               acted
               as
               a
               Councellour
               in
               my
               own
               particular
               for
               my
               Fee
               ,
               it
               was
               avaritia
               ,
               but
               not
               malitia
               ,
               nor
               
                 falso
                 ,
                 malitiose
              
               ,
               or
               Proditorie
               .
               But
               he
               must
               know
               ,
               that
               no
               man
               hath
               or
               can
               have
               a
               lawful
               calling
               ,
               to
               pursue
               the
               life
               of
               his
               King
               ,
               and
               the
               Law
               implies
               malice
               ;
               for
               malitiose
               and
               proditorie
               ,
               are
               not
               only
               words
               of
               course
               ,
               but
               of
               truth
               too
               in
               this
               case
               ,
               else
               it
               were
               as
               much
               as
               to
               say
               ,
               that
               no
               Councel
               can
               be
               guilty
               of
               High
               Treason
               ,
               than
               which
               nothing
               can
               be
               more
               absurd
               :
               My
               Lord
               ,
               for
               that
               which
               he
               said
               last
               (
               for
               I
               must
               omit
               some
               things
               ,
               and
               give
               him
               leave
               to
               take
               the
               advantage
               of
               it
               )
               to
               stand
               upon
               it
               ,
               that
               the
               place
               was
               a
               Court
               ,
               such
               a
               one
               it
               was
               ,
               that
               he
               was
               not
               answerable
               for
               the
               constitution
               of
               it
               ,
               if
               it
               were
               not
               in
               a
               legal
               sense
               ,
               it
               was
               such
               an
               order
               as
               might
               bear
               him
               out
               ,
               that
               is
               ,
               with
               modesty
               and
               good
               manners
               to
               justifie
               High
               Treason
               ;
               it
               is
               not
               with
               such
               insolency
               as
               some
               others
               before
               him
               did
               it
               ,
               but
               it
               amounts
               to
               that
               ,
               That
               an
               order
               of
               a
               few
               persons
               that
               first
               made
               themselves
               a
               Parliament
               ,
               and
               then
               made
               a
               Court
               of
               Justice
               ,
               had
               Officers
               and
               met
               together
               ,
               and
               perfected
               so
               great
               a
               Treason
               :
               I
               say
               that
               this
               Order
               ,
               to
               bear
               him
               out
               is
               impossible
               .
               He
               that
               is
               a
               Lawyer
               ,
               he
               must
               accompt
               to
               the
               Laws
               for
               what
               he
               hath
               done
               ,
               if
               the
               authority
               were
               not
               lawful
               ,
               he
               cannot
               but
               know
               that
               this
               which
               he
               calls
               the
               Parliam
               .
               was
               so
               far
               from
               a
               legal
               Authority
               ,
               that
               it
               was
               one
               part
               of
               the
               Treason
               that
               he
               did
               assist
               such
               an
               Assembly
               .
            
             
               
                 Gentlemen
                 of
                 the
                 Jury
              
               ,
               this
               is
               your
               own
               Case
               ,
               here
               is
               a
               charge
               that
               is
               exhibited
               by
               the
               prisoner
               at
               the
               Bar
               ,
               as
               he
               saith
               ,
               in
               the
               name
               of
               all
               the
               people
               of
               England
               .
               Look
               to
               it
               ,
               for
               you
               are
               some
               of
               them
               if
               you
               own
               it
               ,
               then
               it
               may
               be
               true
               what
               he
               hath
               said
               ,
               but
               I
               hope
               you
               meet
               here
               to
               tell
               this
               Nation
               and
               all
               the
               world
               that
               the
               people
               of
               England
               had
               no
               hand
               in
               that
               charge
               ,
               do
               but
               consider
               how
               that
               this
               prisoner
               at
               the
               Bar
               had
               hunted
               
               the
               life
               of
               the
               King
               ,
               how
               he
               did
               fish
               out
               and
               examine
               evidence
               whether
               the
               King
               set
               up
               his
               Standard
               at
               Nottingham
               ,
               was
               at
               such
               a
               place
               and
               such
               a
               place
               ,
               to
               what
               end
               is
               all
               this
               ,
               but
               with
               design
               of
               blood
               ?
               Were
               these
               things
               to
               be
               produced
               against
               the
               King
               ,
               and
               then
               Judgement
               to
               be
               demanded
               that
               he
               may
               be
               saved
               ?
               Is
               it
               not
               plainly
               proved
               to
               you
               by
               Witnesses
               ,
               how
               he
               did
               exhibit
               the
               Charge
               ,
               press
               it
               ,
               aggravate
               it
               ,
               desired
               it
               might
               be
               taken
               
                 pro
                 confesso
              
               ,
               was
               afflicted
               with
               the
               delays
               ,
               how
               angry
               he
               was
               when
               he
               was
               interrupted
               ?
               Is
               it
               not
               proved
               to
               you
               that
               he
               was
               at
               first
               against
               the
               thing
               ,
               and
               said
               
                 it
                 was
                 a
                 base
                 business
              
               ?
               when
               he
               was
               engaged
               in
               it
               said
               ,
               that
               he
               was
               
                 a
                 Servant
                 of
                 the
                 people
                 of
                 this
                 Kingdome
                 ?
              
               what
               doth
               he
               do
               at
               last
               when
               the
               thing
               had
               gone
               far
               ?
               he
               speaks
               that
               which
               is
               the
               only
               truth
               which
               I
               have
               yet
               heard
               from
               him
               ,
               
                 He
                 must
                 dye
                 ,
                 and
                 Monarchy
                 then
                 must
                 perish
                 with
                 him
              
               ;
               from
               which
               Event
               ,
               good
               Lord
               deliver
               us
               .
            
          
           
             
               Sir
               Edward
               Turner
               .
            
             
               My
               Lord
               ,
               the
               substance
               of
               the
               defence
               that
               the
               Prisoner
               hath
               made
               at
               the
               Bar
               ,
               with
               much
               skill
               and
               cunning
               ,
               may
               be
               referred
               to
               two
               heads
               .
               The
               first
               to
               the
               Statute
               of
               the
               25
               of
               Edward
               the
               3.
               
               The
               second
               to
               the
               late
               Act
               of
               Oblivion
               :
               for
               the
               first
               ,
               my
               Lord
               ,
               he
               saith
               that
               his
               fact
               is
               not
               comprized
               within
               that
               Statute
               ,
               saith
               he
               ,
               I
               did
               never
               conspire
               or
               imagine
               the
               death
               of
               the
               King
               ,
               nor
               did
               believe
               that
               would
               be
               a
               consequent
               of
               their
               actings
               .
               It
               was
               expresly
               proved
               that
               himself
               did
               say
               that
               the
               King
               must
               die
               ,
               and
               Monarchy
               with
               him
               ,
               but
               Gentlemen
               though
               he
               had
               said
               true
               ,
               that
               it
               had
               not
               been
               proved
               ,
               or
               that
               he
               did
               not
               believe
               that
               would
               be
               a
               consequent
               ,
               yet
               my
               Lord
               ,
               I
               must
               tell
               you
               that
               every
               step
               of
               this
               Tragedy
               was
               Treason
               ,
               the
               summoning
               themselves
               that
               was
               Treason
               ,
               every
               proceeding
               upon
               that
               was
               Treason
               ,
               the
               summoning
               of
               their
               meetings
               in
               the
               Painted
               Chamber
               ,
               coming
               into
               Westminster-Hall
               ,
               every
               person
               as
               instrumental
               ,
               those
               that
               came
               to
               act
               the
               least
               part
               in
               that
               Tragedy
               were
               every
               one
               guilty
               of
               Treason
               ,
               what
               saith
               he
               ,
               I
               acted
               as
               a
               Councellour
               for
               my
               see
               .
               It
               was
               that
               see
               that
               Judas
               had
               the
               30.
               pieces
               of
               silver
               ,
               that
               made
               him
               hang
               himself
               .
               He
               goes
               further
               and
               tells
               you
               ,
               there
               must
               be
               no
               semblable
               Treasons
               ,
               this
               
               is
               clear
               ;
               the
               conspiring
               ,
               and
               imagining
               the
               death
               of
               the
               King
               ,
               that
               's
               the
               Treason
               that
               is
               mentioned
               in
               the
               Act
               ,
               Treason
               by
               the
               Common
               Law
               ,
               though
               this
               be
               not
               named
               the
               killing
               of
               the
               King
               ,
               yet
               all
               these
               proceedings
               are
               demonstrations
               to
               you
               ,
               there
               was
               a
               Secret
               Imagination
               to
               kill
               him
               .
               Then
               to
               the
               Act
               of
               Oblivion
               his
               Argument
               is
               ,
               That
               because
               the
               Act
               saith
               ,
               that
               if
               they
               had
               Sentenced
               ,
               signed
               ,
               or
               been
               Instrumental
               in
               the
               death
               of
               the
               King
               ,
               that
               they
               should
               be
               excepted
               ,
               but
               it
               is
               not
               said
               ,
               or
               
                 otherwise
                 Instrumental
              
               :
               that
               therefore
               this
               should
               refer
               to
               subsequent
               ,
               not
               precedent
               Acts
               ,
               that
               's
               a
               strange
               Exposition
               ,
               take
               it
               Grammatically
               it
               hath
               the
               most
               large
               construction
               ,
               Instrumental
               ,
               more
               large
               than
               if
               they
               had
               said
               ,
               or
               otherwise
               ,
               for
               it
               doth
               comprehend
               every
               thing
               ;
               There
               having
               been
               so
               full
               an
               answer
               already
               ,
               I
               will
               be
               short
               ,
               I
               will
               not
               meddle
               with
               his
               civil
               debts
               ,
               but
               with
               his
               Political
               ,
               If
               a
               man
               kill
               another
               ,
               though
               he
               doth
               repent
               ,
               the
               Magistrate
               must
               do
               Justice
               
                 in
                 terrorem
              
               .
               Though
               he
               doth
               repent
               ,
               (
               I
               hope
               in
               God
               he
               doth
               so
               ,
               )
               The
               Magistrates
               ,
               your
               Lordships
               ,
               must
               do
               Justice
               
                 in
                 terrorem
              
               ,
               I
               desire
               that
               Justice
               may
               be
               done
               upon
               that
               man.
               He
               said
               it
               was
               no
               Treason
               to
               demand
               Justice
               against
               the
               King
               ,
               because
               he
               did
               but
               demand
               it
               ,
               I
               hope
               he
               will
               think
               it
               no
               unkindness
               in
               me
               to
               desire
               judgement
               against
               him
               because
               it
               is
               just
               .
            
          
           
             
               Mr.
               Wadham
               Windham
               .
            
             
               As
               I
               understand
               the
               Prisoner
               at
               the
               Bar
               ,
               the
               chief
               argument
               which
               he
               shelters
               himself
               under
               ,
               was
               his
               profession
               ,
               which
               gives
               a
               blast
               to
               all
               of
               us
               of
               the
               long
               robe
               ,
               I
               will
               not
               mince
               his
               arguments
               ,
               saith
               he
               ,
               here
               was
               a
               Court
               ,
               I
               was
               appointed
               Sollicitor
               ,
               and
               saith
               he
               ,
               for
               men
               to
               practise
               before
               those
               that
               have
               not
               a
               proper
               Judicature
               ,
               it
               is
               not
               Felony
               ,
               Murther
               ,
               or
               Treason
               ,
               (
               I
               would
               not
               willingly
               mince
               his
               Argument
               )
               and
               that
               I
               was
               appointed
               ,
               and
               the
               words
               dictated
               to
               me
               ,
               and
               a
               Councellor
               carrying
               himself
               within
               the
               compass
               of
               his
               profession
               is
               not
               answerable
               ,
               but
               if
               he
               will
               exceed
               his
               bounds
               ,
               his
               profession
               is
               so
               far
               from
               sheltring
               him
               ,
               that
               ,
               as
               it
               hath
               been
               opened
               ,
               it
               is
               very
               much
               an
               aggravation
               ,
               it
               is
               the
               duty
               of
               a
               Councellor
               to
               give
               Counsel
               ;
               if
               a
               man
               shall
               come
               to
               me
               and
               ask
               counsel
               ,
               and
               I
               shall
               counsel
               
               him
               to
               kill
               a
               man
               ,
               am
               not
               I
               accessary
               to
               that
               murder
               ?
               Words
               by
               his
               argument
               will
               not
               amount
               to
               Treason
               ;
               if
               the
               fact
               follows
               ,
               I
               am
               as
               guilty
               as
               if
               I
               did
               the
               fact
               :
               in
               point
               of
               Treason
               it
               is
               all
               one
               as
               if
               I
               had
               done
               that
               very
               act
               .
               If
               Mr.
               Cook
               did
               advise
               that
               Act
               ,
               or
               was
               instrumental
               ,
               he
               is
               as
               much
               a
               Traytor
               as
               the
               man
               in
               the
               Frock
               that
               did
               the
               Execution
               ;
               for
               his
               profession
               ,
               truly
               my
               Lord
               ,
               I
               do
               not
               think
               that
               a
               Counseller
               is
               always
               bound
               to
               know
               the
               patent
               of
               him
               that
               sits
               as
               Judge
               ,
               that
               will
               not
               be
               his
               Case
               ;
               here
               was
               no
               ordinary
               Warrant
               of
               Law
               to
               carry
               on
               Justice
               :
               Grotius
               saith
               ,
               in
               case
               of
               necessity
               for
               carrying
               on
               Justice
               ,
               there
               may
               be
               many
               things
               allowed
               :
               I
               pray
               where
               did
               Mr.
               Cook
               read
               of
               such
               a
               Court
               as
               a
               High
               Court
               of
               Justice
               ,
               there
               was
               never
               such
               a
               High
               Court
               of
               Justice
               read
               of
               in
               the
               Law
               ;
               then
               as
               this
               was
               a
               mock
               Court
               ,
               so
               under
               good
               favour
               it
               was
               a
               mock
               Jurisdiction
               .
               Was
               there
               any
               Law
               under
               Heaven
               to
               put
               the
               King
               to
               death
               ?
               is
               it
               not
               out
               of
               the
               compass
               of
               all
               Courts
               whatsoever
               to
               do
               it
               ?
               and
               under
               good
               favour
               my
               Lord
               ,
               this
               is
               but
               to
               shelter
               a
               mans
               self
               under
               colour
               of
               Justice
               to
               do
               the
               most
               execrable
               Treason
               in
               the
               World
               ;
               I
               have
               no
               more
               to
               say
               to
               you
               .
            
          
           
             
               Lo.
               Ch.
               Bar.
               
            
             
               I
               would
               repeat
               the
               Evidence
               and
               your
               answer
               ,
               to
               you
               ,
               if
               you
               have
               any
               thing
               new
               ,
               speak
               to
               it
               .
            
          
           
             
               Cook.
               
            
             
               This
               is
               new
               ,
               it
               was
               said
               by
               one
               ,
               that
               if
               there
               had
               been
               no
               charge
               there
               had
               been
               no
               sentence
               given
               in
               the
               Case
               ,
               I
               say
               that
               the
               Indictment
               or
               Charge
               is
               no
               part
               of
               the
               Tryal
               by
               the
               Statute
               of
               
                 Magna
                 Charta
              
               :
               The
               Peers
               of
               the
               Land
               shall
               be
               tryed
               by
               Peers
               ,
               but
               are
               indicted
               by
               the
               Countrey
               ;
               I
               conceive
               by
               what
               they
               have
               said
               ,
               they
               do
               make
               me
               causal
               of
               the
               Kings
               death
               .
               It
               is
               said
               in
               the
               Indictment
               there
               was
               a
               power
               ,
               I
               say
               this
               ,
               I
               did
               not
               assume
               any
               power
               ,
               it
               cannot
               be
               said
               ,
               if
               Council
               be
               come
               in
               to
               an
               unlawful
               power
               ,
               that
               he
               takes
               the
               power
               ,
               but
               stands
               with
               respect
               at
               the
               Bar.
               At
               Assises
               Judgement
               passes
               ,
               the
               Clerk
               of
               the
               Assises
               ,
               he
               is
               not
               instrumental
               in
               taking
               away
               life
               ;
               for
               that
               which
               Mr.
               Starkey
               should
               say
               ,
               that
               I
               should
               say
               ,
               
                 The
                 King
                 must
                 die
                 ,
                 and
                 Monarchy
                 with
                 him
                 ,
              
               I
               humbly
               beg
               that
               the
               Jury
               would
               take
               notice
               of
               what
               Mr.
               Nut.
               said
               ,
               that
               I
               told
               him
               there
               was
               no
               intention
               
               of
               taking
               away
               the
               Kingslife
               ,
               and
               besides
               it
               is
               but
               a
               single
               witness
               ,
               I
               hope
               there
               must
               be
               two
               witnesses
               in
               point
               of
               Law
               ,
               to
               convict
               a
               man
               of
               High
               Treason
               .
            
          
           
             
               Lo.
               Ch.
               Baron
               .
            
             
               Mr.
               Cook
               ,
               you
               said
               right
               but
               even
               now
               ,
               that
               if
               there
               was
               any
               thing
               in
               matter
               of
               Law
               which
               the
               Court
               knows
               of
               ,
               which
               may
               be
               of
               advantage
               to
               you
               ,
               they
               are
               of
               Council
               to
               you
               ,
               and
               so
               they
               ought
               to
               be
               .
            
          
           
             
               Cook.
               
            
             
               I
               think
               your
               Lordships
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               I
               shall
               repeat
               the
               whole
               Evidence
               ,
               and
               begin
               with
               that
               first
               ,
               (
               we
               are
               upon
               our
               Oaths
               )
               the
               Witnesses
               that
               are
               against
               you
               ,
               I
               took
               notice
               of
               them
               ,
               you
               have
               had
               a
               great
               deal
               of
               Liberty
               which
               you
               have
               made
               use
               of
               civilly
               ,
               but
               Sir
               ,
               for
               the
               fact
               ,
               I
               think
               it
               is
               a
               great
               deal
               more
               full
               than
               as
               you
               have
               answered
               .
               First
               ,
               The
               first
               witness
               produced
               against
               you
               was
               Mr.
               Nutley
               (
               I
               shall
               speak
               only
               the
               material
               parts
               ,
               that
               concern
               your
               Charge
               )
               He
               swears
               expresly
               ,
               that
               he
               saw
               Price
               a
               Scrivener
               writing
               a
               Charge
               in
               the
               Court
               of
               Wards
               ,
               that
               he
               saw
               his
               Charge
               in
               your
               hands
               ;
               He
               saw
               afterwards
               when
               the
               King
               of
               blessed
               memory
               was
               brought
               as
               a
               Prisoner
               ,
               that
               there
               you
               delivered
               the
               Charge
               in
               ,
               there
               is
               more
               than
               words
               ,
               you
               delivered
               that
               Charge
               in
               ,
               that
               alone
               is
               an
               overt
               act
               ;
               then
               if
               ther
               were
               nothing
               else
               in
               that
               Case
               ,
               that
               a
               man
               in
               a
               paper
               should
               call
               the
               King
               Traytor
               ,
               Tyrant
               ,
               Murtherer
               ,
               and
               implacable
               enemy
               ,
               as
               there
               the
               words
               are
               ,
               and
               he
               deliver
               this
               paper
               ,
               and
               this
               be
               read
               ,
               if
               this
               be
               not
               an
               overt
               act
               of
               imagining
               and
               compassing
               the
               Kings
               death
               ,
               I
               do
               not
               know
               what
               an
               overt
               act
               is
               ,
               and
               he
               gives
               further
               evidence
               (
               if
               I
               mistake
               )
               take
               free
               liberty
               to
               interrupt
               me
               .
            
          
           
             
               Cook.
               
            
             
               Sir
               ,
               they
               were
               not
               my
               words
               ,
               but
               their
               words
               that
               commanded
               me
               .
            
          
           
             
               Lo.
               Chief
               Baron
               .
            
             
               This
               I
               say
               ,
               that
               this
               very
               thing
               alone
               ,
               such
               a
               paper
               approved
               by
               you
               ,
               delivering
               this
               paper
               to
               an
               Assembly
               ,
               &
               requiring
               it
               may
               be
               read
               :
               this
               is
               an
               overt
               act
               to
               prove
               the
               imagination
               of
               your
               heart
               for
               the
               Death
               of
               the
               King
               ▪
               the
               reason
               is
               ,
               if
               the
               King
               should
               be
               a
               Tyrant
               ,
               a
               Traytor
               ,
               &c.
               it
               stirs
               up
               hatred
               in
               the
               people
               ,
               and
               the
               consequences
               of
               that
               hatred
               is
               the
               death
               of
               the
               Prince
               .
               The
               next
               thing
               that
               Mr.
               Nutley
               said
               was
               this
               ,
               He
               said
               that
               you
               demanded
               positively
               
               Judgement
               against
               him
               ,
               against
               the
               blessed
               King
               then
               Prisoner
               at
               the
               Bar.
               I
               remember
               you
               said
               that
               you
               did
               demand
               Judgement
               ,
               but
               that
               you
               did
               not
               demand
               Judgement
               against
               the
               King
               ;
               take
               it
               so
               whether
               you
               did
               ,
               or
               not
               ,
               (
               though
               you
               shall
               find
               in
               some
               other
               Witnesses
               that
               I
               shall
               repeat
               ,
               that
               you
               said
               Judgement
               against
               the
               King
               )
               the
               consequence
               will
               be
               the
               same
               ;
               who
               could
               you
               demand
               Judgement
               against
               but
               the
               King
               ,
               he
               was
               the
               Prisoner
               ;
               because
               he
               did
               demand
               a
               further
               hearing
               by
               the
               Parliament
               ,
               you
               urged
               that
               his
               Charge
               might
               be
               taken
               
                 pro
                 Confesso
              
               ,
               then
               it
               must
               needs
               be
               Judgement
               against
               the
               K.
               it
               is
               effectively
               and
               implicitely
               the
               same
               .
               He
               went
               further
               ,
               and
               that
               was
               ,
               that
               being
               your
               friend
               &
               acquaintance
               ,
               &
               acknowledging
               your
               parts
               as
               a
               Lawyer
               (
               which
               truly
               I
               do
               very
               much
               know
               my self
               ,
               and
               do
               know
               this
               Gentleman
               to
               be
               a
               man
               of
               very
               great
               parts
               in
               his
               profession
               )
               he
               had
               familiar
               acquaintaince
               with
               you
               ,
               he
               told
               you
               what
               a
               base
               business
               it
               was
               ,
               and
               you
               did
               your self
               acknowledge
               it
               ,
               said
               the
               Prisoner
               to
               M.
               Nutley
               himself
               ,
               it
               is
               a
               base
               business
               ,
               but
               they
               put
               it
               upon
               me
               .
               He
               did
               discourse
               further
               to
               him
               of
               the
               Oaths
               of
               Allegiance
               &
               Supremacy
               ,
               which
               he
               knew
               very
               well
               ,
               no
               man
               better
               ,
               this
               Gentleman
               he
               very
               ingenuously
               confessed
               it
               ,
               saying
               ,
               I
               confess
               it
               is
               so
               ,
               they
               put
               me
               upon
               it
               ,
               I
               cannot
               avoid
               it
               :
               but
               then
               excuses
               it
               ,
               I
               am
               the
               servant
               of
               the
               people
               :
               Afterwards
               he
               pressed
               the
               K.
               to
               answer
               positively
               whether
               guilty
               or
               not
               guilty
               ,
               the
               pressing
               of
               the
               K.
               to
               answer
               ,
               what
               was
               it
               in
               effect
               ,
               but
               to
               hasten
               Judgement
               ?
               and
               that
               was
               to
               hasten
               his
               death
               ,
               so
               that
               that
               is
               the
               substance
               of
               Mr.
               
               Nutley's
               testimony
               ,
               that
               he
               pressed
               Judgment
               ,
               Judgement
               was
               demanded
               by
               the
               Prisoner
               now
               at
               the
               Bar
               ,
               it
               is
               not
               only
               demanded
               but
               pressed
               ,
               and
               all
               the
               current
               of
               the
               witnesses
               at
               several
               days
               are
               to
               this
               purpose
               ,
               it
               is
               true
               (
               that
               I
               may
               repeat
               the
               whole
               for
               you
               ,
               and
               against
               you
               )
               that
               this
               Gentleman
               the
               Prisoner
               at
               the
               Bar
               ,
               when
               Mr.
               Nutley
               did
               urge
               this
               to
               him
               ,
               said
               ,
               he
               hoped
               they
               did
               not
               intend
               to
               take
               away
               the
               Kings
               life
               ,
               I
               verily
               believe
               they
               do
               not
               intend
               to
               take
               away
               the
               Kings
               life
               ,
               I
               hope
               they
               do
               not
               .
               But
               Mr.
               Cook
               ,
               it
               is
               no
               excuse
               to
               say
               you
               hope
               ,
               or
               you
               believe
               they
               will
               not
               ,
               &c.
               
               How
               far
               it
               may
               be
               in
               such
               a
               crime
               something
               in
               extenuation
               ,
               
                 in
                 foro
                 Coeli
              
               ,
               but
               not
               
                 in
                 foro
                 Civili
              
               ;
               you
               opened
               it
               your
               
               self
               ,
               that
               if
               a
               man
               should
               go
               about
               to
               take
               the
               K.
               Prisoner
               ,
               it
               is
               Treason
               ;
               the
               Law
               adjudged
               that
               to
               be
               Treason
               ,
               when
               you
               knew
               they
               would
               condemn
               him
               as
               a
               Tyrant
               ,
               Murtherer
               ,
               &c.
               you
               must
               easily
               believe
               what
               would
               follow
               such
               a
               condemnation
               ,
               Truly
               death
               ,
               that
               is
               no
               colour
               of
               excuse
               
                 in
                 foro
                 Civili
                 .
                 Farrington
              
               swears
               to
               the
               same
               purpose
               ,
               that
               he
               saw
               you
               ,
               having
               a
               Parchment
               in
               your
               hands
               ,
               delivering
               it
               in
               ,
               &
               prayed
               it
               might
               be
               read
               as
               a
               Charge
               of
               the
               People
               ,
               you
               did
               not
               speak
               ,
               I
               deliver
               this
               in
               as
               from
               those
               that
               deliver'd
               it
               to
               me
               ,
               that
               was
               not
               in
               the
               paper
               ,
               that
               you
               said
               of
               your self
               ,
               My
               brethren
               will
               tell
               you
               all
               ,
               this
               is
               an
               apparent
               point
               of
               the
               imagination
               of
               your
               heart
               ;
               at
               that
               time
               ,
               he
               swears
               the
               same
               thing
               ,
               that
               you
               did
               desire
               it
               might
               be
               taken
               
                 pro
                 Confesso
              
               .
               Master
               Bodurdo
               is
               the
               third
               ,
               he
               swears
               the
               same
               thing
               too
               ,
               that
               you
               exhibited
               a
               charge
               of
               High
               Treason
               against
               the
               Prisoner
               then
               at
               the
               Bar
               ,
               &
               tells
               you
               the
               substance
               of
               it
               ,
               he
               saith
               that
               all
               but
               the
               first
               day
               you
               demanded
               Judgement
               for
               not
               pleading
               to
               the
               Charge
               ,
               he
               adds
               that
               you
               complained
               of
               the
               delaies
               ,
               I
               am
               sure
               that
               was
               not
               dictated
               to
               you
               ,
               that
               could
               not
               be
               thought
               that
               you
               should
               desire
               Judgement
               for
               the
               Prisoner
               .
               It
               is
               very
               true
               which
               you
               say
               for
               your self
               in
               that
               ,
               that
               you
               did
               not
               demand
               it
               first
               ,
               till
               it
               was
               demanded
               by
               the
               Court
               ,
               Master
               Bodurdo
               tells
               you
               ,
               and
               so
               it
               was
               granted
               ,
               the
               first
               day
               that
               Bradshaw
               onely
               said
               it
               ,
               but
               afterwards
               that
               you
               alwaies
               demanded
               it
               ;
               The
               next
               was
               Master
               Herne
               ,
               he
               swears
               the
               same
               words
               again
               ,
               that
               you
               did
               in
               the
               Name
               of
               the
               Commons
               assembled
               in
               Parliament
               ,
               and
               the
               People
               of
               England
               ,
               exhibit
               a
               Charge
               ,
               &c.
               
               These
               are
               your
               own
               words
               ,
               if
               you
               did
               exhibit
               a
               Charge
               against
               the
               King
               ,
               to
               exhibit
               a
               Charge
               of
               High
               Treason
               the
               very
               thing
               followed
               ,
               If
               it
               were
               so
               ,
               there
               was
               death
               ,
               so
               certainly
               there
               cannot
               be
               a
               greater
               expression
               of
               the
               imagination
               of
               a
               mans
               heart
               ,
               than
               that
               is
               :
               it
               is
               true
               ,
               you
               asked
               then
               a
               question
               and
               that
               was
               ,
               whether
               that
               ,
               that
               you
               concluded
               ,
               was
               not
               that
               you
               desired
               them
               to
               proceed
               according
               to
               Justice
               ,
               it
               is
               true
               ,
               the
               words
               of
               the
               Charge
               are
               so
               ,
               but
               before
               you
               come
               to
               conclusion
               you
               charge
               him
               as
               a
               Traytor
               ,
               Tyrant
               ,
               
                 &c.
                 
                 Communis
                 Hostis
              
               ,
               after
               you
               had
               given
               that
               Charge
               ,
               you
               demanded
               Justice
               ,
               those
               that
               spit
               in
               his
               
               face
               they
               demanded
               Justice
               ,
               every
               one
               knew
               what
               belonged
               to
               that
               Justice
               .
               Then
               Baker
               he
               swears
               positively
               that
               you
               did
               exhibit
               the
               Charge
               in
               this
               ,
               manner
               ,
               he
               said
               this
               ,
               that
               you
               said
               ,
               you
               had
               exhibited
               a
               Charge
               of
               High
               Treason
               ,
               &c.
               and
               that
               the
               King
               sought
               delays
               ,
               there
               is
               your
               insisting
               upon
               it
               ;
               he
               sayes
               further
               that
               you
               said
               these
               words
               ,
               that
               you
               did
               desire
               Judgement
               should
               be
               given
               against
               him
               ,
               and
               not
               so
               much
               you
               as
               the
               blood
               that
               had
               been
               shed
               that
               cryed
               for
               Judgement
               ,
               truly
               whether
               that
               was
               a
               Judgement
               that
               you
               intended
               for
               acquital
               that
               must
               be
               left
               to
               the
               Jury
               .
               You
               asked
               (
               because
               I
               will
               repeat
               it
               in
               order
               as
               my
               memory
               will
               give
               me
               leave
               )
               whether
               there
               was
               any
               other
               words
               in
               the
               charge
               ,
               than
               was
               in
               the
               Proclamation
               ?
               Mr.
               Cook.
               Whether
               there
               was
               any
               other
               words
               ,
               or
               no
               ,
               that
               differed
               in
               the
               Proclamation
               ,
               as
               it
               was
               a
               great
               sin
               and
               foul
               fact
               in
               the
               Proclamation
               ,
               so
               it
               was
               as
               foul
               in
               the
               Charge
               .
               Master
               Masterson
               swears
               the
               same
               too
               ,
               he
               heard
               you
               say
               the
               second
               day
               you
               had
               delivered
               a
               charge
               (
               the
               day
               before
               )
               against
               the
               King
               ,
               and
               that
               he
               had
               delayed
               his
               answer
               ,
               you
               desired
               he
               might
               plead
               guilty
               ,
               or
               not
               guilty
               ;
               the
               last
               day
               ,
               that
               you
               did
               in
               the
               names
               of
               the
               Commons
               Assembled
               in
               Parliament
               ,
               and
               the
               people
               of
               England
               demand
               Judgement
               against
               the
               King
               ,
               and
               then
               another
               swears
               those
               words
               ,
               Judgement
               against
               the
               Prisoner
               at
               the
               Bar
               ,
               which
               was
               the
               King.
               Burden
               swears
               you
               examined
               him
               as
               a
               Witness
               against
               the
               King
               ,
               in
               what
               place
               he
               was
               with
               the
               King
               ,
               It
               seems
               he
               was
               in
               the
               King's
               Army
               ,
               he
               swears
               you
               gave
               him
               an
               Oath
               ,
               (
               it
               is
               testimony
               fit
               to
               be
               believed
               )
               but
               however
               ,
               if
               you
               did
               not
               give
               the
               Oath
               ,
               by
               what
               you
               say
               your self
               ,
               you
               may
               be
               by
               ,
               and
               asked
               him
               the
               question
               .
               Master
               Starkey
               ,
               he
               tells
               you
               that
               during
               the
               Tryal
               ,
               and
               before
               the
               Sentence
               ,
               that
               you
               ,
               being
               an
               old
               acquaintance
               of
               his
               in
               Grayes-Inn
               ,
               &
               speaking
               with
               him
               ,
               he
               spake
               like
               a
               friend
               to
               you
               ,
               
                 I
                 hear
                 you
                 are
                 up
                 to
                 the
                 ears
                 in
                 this
                 business
                 ,
              
               and
               
                 whereas
                 you
                 talk
                 of
                 the
                 people
                 ,
                 there
                 is
                 a
                 thousand
                 for
                 one
                 against
                 it
                 ,
              
               that
               you
               should
               tell
               him
               again
               ,
               
                 You
                 will
                 see
                 strange
                 things
                 ,
                 but
                 you
                 must
                 wait
                 upon
                 God
                 ,
              
               these
               words
               of
               waiting
               upon
               God
               are
               words
               of
               that
               nature
               ,
               people
               do
               use
               them
               now
               adaies
               ,
               when
               they
               would
               do
               some
               horrid
               impiety
               ,
               which
               hath
               been
               the
               sin
               of
               too
               many
               ;
               it
               is
               
               but
               a
               canting
               language
               ,
               that
               is
               the
               best
               term
               I
               can
               give
               it
               :
               you
               told
               him
               then
               
                 He
                 must
                 die
              
               ,
               this
               was
               before
               the
               Sentence
               (
               that
               is
               to
               be
               observed
               ,
               Gentlemen
               of
               the
               Jury
               )
               you
               say
               you
               did
               not
               know
               of
               the
               Sentence
               ,
               you
               said
               
                 He
                 must
                 die
                 ,
                 and
                 Monarchy
                 with
                 him
              
               ;
               you
               must
               here
               know
               that
               some
               of
               those
               persons
               that
               sate
               upon
               him
               said
               ,
               the
               King
               was
               a
               gracious
               and
               wise
               King
               ,
               and
               as
               Mr.
               Cook
               did
               say
               ,
               and
               they
               were
               the
               best
               words
               they
               spoke
               ,
               and
               I
               think
               he
               thinks
               so
               in
               his
               conscience
               ,
               but
               in
               conclusion
               He
               must
               die
               ,
               and
               Monarchy
               must
               die
               with
               him
               ;
               others
               said
               ,
               they
               did
               not
               hate
               King
               Charles
               ,
               but
               they
               hated
               Monarchy
               and
               Government
               ,
               but
               Monarchy
               was
               the
               thing
               that
               they
               would
               behead
               .
               I
               think
               I
               have
               done
               with
               the
               Evidence
               that
               was
               given
               against
               you
               ,
               the
               Indictment
               it self
               was
               read
               ,
               the
               Overt
               acts
               was
               the
               meeting
               ,
               propounding
               &
               consulting
               about
               it
               .
               It
               appears
               he
               was
               in
               the
               Chamber
               about
               the
               Charge
               ,
               that
               he
               did
               propound
               it
               ,
               he
               delivered
               the
               Charge
               ,
               &
               it
               appears
               withal
               ,
               that
               he
               demanded
               Judgement
               ,
               he
               desired
               the
               King
               might
               answer
               ,
               or
               that
               it
               might
               be
               taken
               
                 pro
                 confesso
              
               :
               these
               are
               overt
               acts
               to
               declare
               the
               imagination
               of
               his
               heart
               .
               The
               answer
               of
               Mr.
               Cook
               ,
               I
               will
               repeat
               it
               as
               clearly
               as
               I
               can
               ,
               because
               nothing
               shall
               go
               to
               the
               extenuating
               of
               the
               fact
               ,
               but
               it
               shall
               be
               spoken
               .
               Mr.
               Cook
               ,
               in
               your
               answer
               ,
               your
               defence
               that
               you
               make
               ,
               you
               set
               forth
               the
               heads
               of
               this
               Indictment
               ,
               and
               you
               set
               them
               forth
               very
               truly
               ;
               the
               heads
               are
               the
               aggravations
               of
               the
               ,
               Indictment
               ,
               the
               Indictment
               was
               the
               compassing
               and
               imagining
               the
               death
               of
               the
               King
               ;
               you
               said
               it
               was
               upon
               these
               grounds
               ,
               that
               you
               did
               propound
               ,
               abet
               ,
               and
               consult
               the
               death
               of
               the
               King
               ,
               that
               you
               with
               others
               did
               assume
               power
               and
               authority
               to
               kill
               the
               King
               ,
               &
               that
               thereupon
               a
               person
               unknown
               in
               a
               Frock
               did
               accordingly
               kill
               the
               King.
               You
               say
               to
               the
               first
               part
               ,
               if
               it
               did
               not
               appear
               that
               you
               did
               advise
               the
               death
               of
               the
               King
               ,
               that
               you
               were
               not
               guilty
               :
               for
               that
               Sir
               ,
               as
               I
               told
               you
               before
               ,
               taking
               them
               either
               complexly
               or
               singly
               ,
               if
               any
               of
               the
               particulars
               reached
               to
               one
               of
               these
               acts
               ,
               it
               was
               enough
               ,
               but
               it
               reaches
               to
               all
               :
               you
               required
               Judgement
               against
               the
               King
               as
               a
               Traytor
               ,
               and
               that
               with
               a
               reason
               ,
               and
               certainly
               death
               must
               follow
               :
               you
               say
               you
               were
               appointed
               to
               give
               your
               advice
               ,
               you
               had
               a
               Proclamation
               ,
               first
               ,
               for
               Tryal
               of
               the
               King
               ,
               you
               
               had
               the
               Order
               of
               Jan.
               10.
               whereby
               you
               were
               appointed
               to
               give
               your
               advice
               ,
               if
               it
               were
               so
               ,
               it
               will
               be
               no
               excuse
               at
               all
               ,
               the
               Proclama
               ▪
               gives
               you
               no
               warrant
               at
               all
               ,
               he
               that
               obeys
               so
               wicked
               a
               Proclamation
               ,
               it
               will
               not
               save
               him
               ;
               it
               appears
               you
               were
               privy
               to
               this
               before
               the
               Proclamation
               ,
               if
               you
               were
               not
               at
               all
               ,
               when
               such
               a
               thing
               as
               this
               ,
               is
               such
               a
               Proclamation
               and
               Act
               ,
               and
               such
               a
               manner
               of
               Tryal
               ,
               as
               I
               believe
               though
               you
               have
               read
               very
               much
               ,
               you
               never
               heard
               of
               such
               a
               thing
               in
               our
               Law
               ,
               or
               foreign
               Nations
               .
               That
               you
               thereupon
               should
               take
               upon
               you
               to
               be
               of
               Council
               against
               the
               King
               ,
               it
               aggravates
               the
               fact
               :
               other
               men
               may
               be
               impudent
               &
               ignorant
               ,
               but
               you
               that
               were
               a
               learned
               Lawyer
               ,
               your
               being
               of
               Council
               doth
               aggravate
               the
               thing
               .
               You
               say
               ,
               Secondly
               ,
               by
               Law
               words
               will
               not
               amount
               to
               Treason
               ,
               for
               that
               I
               would
               not
               have
               that
               go
               for
               Law
               by
               no
               means
               ,
               though
               it
               be
               not
               your
               Case
               ,
               for
               you
               are
               not
               indicted
               for
               words
               ,
               but
               words
               are
               Treason
               ,
               and
               Indictments
               are
               often
               for
               it
               ,
               but
               the
               difference
               is
               this
               :
               The
               Indictment
               is
               not
               for
               words
               ,
               but
               compassing
               and
               Imagining
               the
               death
               of
               the
               King
               ,
               words
               are
               evidences
               of
               the
               compassing
               &
               imagining
               the
               Kings
               death
               .
               It
               is
               the
               greatest
               evidence
               of
               the
               imagination
               of
               the
               heart
               .
               Words
               do
               not
               make
               a
               Treason
               ,
               that
               is
               ,
               if
               it
               be
               by
               inference
               ,
               or
               consequence
               ,
               but
               reductively
               ,
               but
               if
               it
               be
               immediately
               ,
               I
               shall
               say
               to
               a
               man
               ,
               go
               kill
               the
               King
               by
               theat
               which
               is
               an
               absolute
               ,
               immediate
               necessary
               consequence
               ,
               to
               say
               this
               is
               not
               Treason
               ,
               I
               would
               not
               have
               that
               go
               for
               Law
               ,
               your
               Case
               is
               not
               for
               words
               ,
               but
               for
               delivering
               a
               Charge
               ,
               the
               ground
               that
               you
               speak
               of
               ,
               words
               may
               make
               a
               Heretick
               but
               not
               a
               Traytor
               ,
               it
               was
               a
               witty
               saying
               ,
               but
               you
               have
               no
               sufficient
               authority
               for
               it
               ,
               these
               are
               words
               put
               in
               writing
               :
               we
               all
               know
               if
               a
               man
               put
               his
               words
               in
               writing
               ,
               if
               a
               man
               speak
               Treasonable
               words
               ,
               and
               put
               them
               in
               writing
               ,
               they
               have
               been
               several
               times
               adjudged
               Treason
               ,
               and
               so
               in
               (
               my
               Lord
               )
               
                 Cook
                 's
                 3.
                 
                 Institutes
              
               the
               Case
               of
               Williams
               of
               the
               Temple
               ,
               there
               was
               a
               Book
               of
               Treason
               in
               his
               own
               Study
               of
               his
               making
               ,
               and
               he
               was
               indicted
               for
               it
               ,
               words
               put
               in
               writing
               is
               an
               express
               evidence
               of
               the
               imagination
               of
               the
               heart
               ,
               you
               say
               it
               was
               dictated
               to
               you
               ,
               but
               when
               words
               are
               written
               in
               a
               Charge
               and
               your
               name
               to
               it
               ,
               (
               which
               I
               had
               almost
               forgotten
               )
               that
               's
               
               more
               than
               words
               :
               the
               Witnesses
               swear
               the
               likeness
               of
               your
               hand
               ,
               they
               do
               but
               swear
               the
               likeness
               of
               your
               hand
               ,
               no
               man
               can
               swear
               more
               unless
               he
               was
               present
               and
               see
               it
               ,
               but
               you
               owned
               the
               Charge
               ,
               and
               there
               your
               name
               is
               ,
               that
               besides
               the
               two
               Witnesses
               there
               is
               your
               own
               actions
               to
               prove
               it
               .
               When
               two
               Witnesses
               shall
               swear
               it
               is
               like
               your
               hand
               ,
               and
               you
               own
               that
               Charge
               ,
               I
               must
               leave
               it
               to
               the
               Jury
               :
               you
               say
               you
               did
               this
               after
               command
               ,
               the
               words
               were
               dictated
               to
               you
               ,
               the
               words
               were
               
                 conceptis
                 verbis
              
               ,
               appointed
               ,
               and
               ordered
               by
               the
               Court
               ,
               but
               the
               pressing
               was
               yours
               ,
               he
               stands
               upon
               delays
               let
               it
               be
               taken
               
                 pro
                 confesso
              
               ,
               demanding
               Judgement
               ,
               these
               were
               your
               words
               ,
               another
               man
               may
               dictate
               a
               thing
               but
               you
               are
               not
               forced
               to
               speak
               it
               ,
               you
               urged
               it
               ,
               owned
               it
               ,
               you
               demanded
               not
               in
               the
               name
               of
               the
               Court
               ,
               but
               in
               the
               name
               of
               all
               the
               People
               of
               England
               ,
               you
               say
               further
               that
               your
               demanding
               Justice
               is
               not
               within
               the
               Statute
               ,
               as
               I
               said
               before
               ,
               what
               can
               be
               the
               effect
               of
               demanding
               Justice
               ,
               but
               that
               the
               King
               should
               die
               upon
               those
               premises
               ;
               you
               say
               further
               that
               it
               was
               in
               behoof
               of
               the
               King
               ,
               as
               you
               would
               urge
               it
               ,
               to
               do
               the
               King
               a
               Courtesie
               in
               asking
               the
               King
               might
               have
               Justice
               ,
               but
               you
               did
               not
               name
               what
               Justice
               it
               was
               ,
               but
               you
               did
               him
               a
               Courtesie
               ,
               truly
               the
               King
               was
               but
               a
               little
               beholden
               to
               you
               for
               that
               request
               ,
               all
               the
               world
               knows
               what
               that
               demanding
               of
               Justice
               was
               ,
               it
               was
               to
               have
               the
               Kings
               head
               cut
               off
               ,
               you
               went
               as
               far
               as
               you
               could
               ,
               it
               ended
               with
               you
               when
               you
               demanded
               Justice
               ,
               that
               is
               as
               far
               as
               you
               could
               ,
               you
               cut
               off
               the
               head
               .
               S.
               Paul
               when
               the
               Witnesses
               laid
               down
               the
               clothes
               at
               his
               feet
               ,
               he
               said
               ,
               I
               killed
               Stephen
               the
               Martyr
               .
               You
               say
               further
               that
               in
               all
               Tragedies
               the
               Accuser
               ,
               or
               Witness
               ,
               the
               Jury
               ,
               the
               Judge
               ,
               and
               executioner
               are
               the
               only
               persons
               ,
               and
               you
               are
               none
               of
               these
               ,
               you
               are
               only
               of
               Council
               ,
               if
               Justice
               was
               not
               done
               ,
               what
               was
               it
               to
               you
               ?
               you
               said
               you
               did
               not
               assume
               a
               power
               ,
               there
               was
               only
               Eloquence
               required
               in
               the
               Councel
               ,
               it
               hath
               been
               truly
               said
               that
               this
               is
               a
               great
               aggravation
               to
               be
               of
               Councel
               against
               the
               King
               ,
               you
               said
               his
               Majesty
               was
               then
               a
               Prisoner
               and
               accused
               ,
               Counsel
               cannot
               be
               heard
               against
               the
               King
               ,
               you
               undertake
               to
               be
               Counsel
               against
               the
               King
               in
               his
               own
               person
               and
               in
               the
               highest
               Crime
               ;
               if
               the
               Council
               at
               the
               Barr
               in
               behalf
               of
               his
               
               Client
               should
               speak
               Treason
               ,
               he
               went
               beyond
               his
               sphere
               ,
               but
               you
               did
               not
               only
               speak
               ,
               but
               acted
               Treason
               ,
               you
               said
               you
               used
               not
               a
               disrespective
               word
               to
               the
               King
               ,
               truly
               for
               that
               you
               hear
               what
               the
               witnesses
               have
               said
               ,
               you
               pressed
               upon
               him
               ,
               you
               called
               it
               a
               delay
               ,
               you
               termed
               him
               not
               the
               King
               ,
               but
               the
               Prisoner
               at
               the
               Bar
               at
               every
               word
               ;
               you
               say
               you
               did
               not
               assume
               an
               authority
               ,
               it
               is
               an
               assumption
               of
               authority
               ,
               if
               you
               countenance
               and
               allow
               of
               their
               authority
               ;
               you
               say
               you
               do
               not
               remember
               you
               demanded
               Judgement
               against
               the
               King
               ,
               that
               is
               fully
               proved
               against
               you
               ,
               you
               your self
               asked
               the
               question
               ,
               whether
               you
               did
               say
               against
               the
               King
               ,
               he
               did
               not
               remember
               ,
               but
               others
               positively
               ,
               that
               you
               demanded
               Judgement
               against
               the
               King
               and
               Prisoner
               at
               the
               Bar
               ,
               you
               said
               that
               before
               Sentence
               there
               was
               not
               an
               intention
               to
               put
               the
               King
               to
               death
               ,
               to
               that
               Mr.
               Starkey
               swears
               that
               you
               expresly
               said
               ,
               the
               King
               must
               die
               ,
               and
               Monarchy
               with
               him
               ,
               and
               this
               before
               the
               sentence
               :
               whereas
               you
               say
               this
               is
               but
               one
               witness
               ,
               that
               there
               is
               to
               be
               in
               Treason
               two
               witnesses
               ,
               but
               that
               there
               should
               be
               two
               witnesses
               to
               every
               particular
               that
               is
               an
               Evidence
               of
               the
               fact
               ,
               that
               is
               not
               Law
               ,
               if
               to
               one
               particular
               that
               is
               an
               Evidence
               ,
               there
               be
               one
               witness
               ,
               another
               to
               another
               ,
               here
               are
               two
               witnesses
               within
               the
               meaning
               of
               the
               Statute
               ,
               two
               witnesses
               to
               the
               Indictment
               compassing
               and
               imagining
               the
               Death
               of
               the
               King
               ,
               being
               accompanied
               with
               other
               circumstances
               ,
               this
               one
               witness
               if
               you
               believe
               him
               ,
               is
               as
               good
               as
               twenty
               witnesses
               ,
               because
               other
               overt
               acts
               are
               expresly
               proved
               by
               several
               witnesses
               :
               You
               say
               next
               ,
               for
               the
               drawing
               of
               the
               Charge
               ,
               in
               right
               reason
               ,
               it
               ought
               to
               be
               counted
               for
               the
               service
               of
               the
               King
               :
               First
               you
               do
               acknowledge
               ,
               and
               truly
               very
               ingenuously
               ,
               that
               in
               the
               time
               of
               peace
               to
               bring
               him
               to
               the
               Bar
               ,
               not
               being
               a
               prisoner
               ,
               is
               Treason
               (
               you
               say
               it
               )
               according
               to
               the
               Law
               ,
               and
               that
               you
               delivered
               the
               charge
               for
               the
               accelerating
               of
               the
               Charge
               ,
               and
               that
               it
               was
               not
               done
               by
               you
               traiterously
               ,
               you
               say
               the
               King
               was
               a
               Prisoner
               before
               ,
               and
               you
               say
               what
               hands
               he
               was
               in
               ,
               in
               the
               hands
               of
               men
               of
               power
               and
               violence
               ,
               it
               had
               been
               your
               duty
               to
               have
               delayed
               it
               ,
               not
               accelerated
               it
               ,
               that
               there
               might
               have
               been
               some
               means
               of
               prevention
               of
               that
               bloody
               act
               that
               followed
               ;
               if
               you
               
               knew
               that
               to
               be
               Treason
               to
               make
               him
               a
               prisoner
               ,
               Subjects
               do
               not
               use
               to
               make
               Kings
               Prisoners
               ,
               but
               Death
               follows
               .
               You
               urge
               in
               the
               next
               place
               the
               Act
               of
               Indemnity
               ,
               and
               that
               you
               are
               not
               excepted
               ,
               for
               that
               ,
               you
               have
               made
               as
               much
               of
               it
               as
               the
               matter
               will
               bear
               ,
               yet
               you
               must
               consider
               ,
               First
               ,
               as
               a
               rule
               in
               Law
               ,
               that
               where
               they
               are
               general
               words
               ,
               when
               they
               come
               to
               be
               explained
               by
               the
               particulars
               ,
               you
               shall
               not
               include
               them
               within
               the
               general
               :
               Mark
               the
               very
               words
               ,
               they
               are
               these
               ,
               
                 Provided
                 that
                 this
                 Act
                 ,
                 nor
                 any
                 thing
                 therein
                 contained
                 shall
                 extend
                 to
                 pardon
                 ,
                 discharge
                 ,
                 or
                 give
                 any
                 other
                 benefits
                 whatsoever
                 unto
                 such
                 ,
                 and
                 such
                 ,
                 (
                 among
                 whom
                 you
                 are
                 named
                 )
                 nor
                 any
                 of
                 them
                 ,
                 nor
                 to
                 those
                 two
                 persons
                 ,
                 or
                 either
                 of
                 them
                 who
                 being
                 disguised
                 by
                 Frocks
                 ,
                 and
                 Vizards
                 ,
                 did
                 appear
                 upon
                 the
                 Scaffold
                 erected
                 before
              
               White-Hall
               ,
               
                 upon
                 the
                 thirtieth
                 of
              
               January
               1648.
               
               
                 All
                 which
                 persons
                 ,
                 these
                 are
                 the
                 words
                 .
                 First
                 ,
              
               It
               shall
               not
               extend
               to
               you
               ;
               then
               it
               comes
               ,
               
                 All
                 which
                 persons
                 for
                 their
                 execrable
                 Treason
                 in
                 sentencing
                 to
                 death
                 ,
                 or
                 signing
                 the
                 Instrument
                 for
                 the
                 horrid
                 murther
                 ,
                 or
                 being
                 Instrumental
                 in
                 taking
                 away
                 the
                 Precious
                 Life
                 of
                 our
                 late
                 Soveraign
                 Lord
              
               CHARLES
               
                 the
                 First
                 of
                 glorious
                 Memory
                 ,
                 are
                 left
                 to
                 be
                 proceeded
                 against
                 as
                 Traytors
                 to
                 His
                 late
                 Majestie
                 according
                 to
                 the
                 Laws
                 of
              
               England
               ,
               
                 and
                 are
                 out
                 of
                 this
                 present
                 Act
                 wholly
                 excepted
                 ,
                 and
                 foreprized
                 .
              
               First
               ,
               as
               I
               told
               you
               before
               ,
               and
               as
               it
               was
               very
               well
               said
               by
               Master
               Sollicitor
               ,
               admitting
               the
               reason
               had
               been
               mistaken
               ,
               and
               that
               you
               had
               not
               been
               comprehended
               in
               the
               reason
               ,
               you
               are
               excepted
               out
               of
               the
               body
               ,
               provided
               it
               shall
               not
               extend
               ,
               &c.
               
               Many
               times
               Laws
               do
               make
               recitals
               ,
               which
               in
               themselves
               are
               sometimes
               false
               in
               point
               of
               fact
               ,
               that
               which
               is
               the
               Law
               is
               positive
               words
               ,
               the
               other
               words
               are
               for
               the
               reason
               ;
               Excepting
               all
               which
               ,
               that
               is
               ,
               Master
               Cook
               ,
               which
               persons
               are
               excepted
               not
               for
               doing
               of
               it
               ,
               but
               for
               his
               execrable
               crimes
               in
               being
               instrumental
               .
               It
               is
               clear
               without
               that
               ,
               if
               it
               were
               not
               so
               ,
               we
               say
               when
               a
               Sentence
               is
               ,
               or
               such
               a
               one
               ,
               or
               such
               a
               one
               ;
               the
               third
               Or
               makes
               all
               disjunctive
               :
               Here
               are
               three
               Or
               's
               first
               in
               sentencing
               to
               death
               ,
               or
               signing
               the
               Instrument
               ,
               then
               comes
               this
               ,
               or
               being
               instrumental
               in
               taking
               away
               the
               precious
               life
               of
               our
               late
               Soveraign
               ,
               &c.
               this
               Or
               doth
               clearly
               exclude
               the
               other
               two
               ,
               or
               instrumental
               not
               only
               in
               point
               of
               death
               ,
               but
               further
               ,
               being
               neither
               a
               Sentencer
               ,
               Signer
               ,
               or
               
               being
               instrumental
               in
               taking
               away
               the
               Kings
               life
               ;
               that
               is
               ,
               being
               any
               way
               instrumental
               .
               Truly
               ,
               whether
               it
               be
               not
               instrumental
               to
               exhibit
               a
               Charge
               against
               him
               ,
               or
               complain
               of
               his
               delayes
               ,
               to
               ask
               Justice
               against
               him
               in
               the
               name
               of
               the
               people
               ;
               to
               do
               all
               this
               ,
               and
               desire
               that
               the
               Charge
               might
               be
               taken
               
                 pro
                 Confesso
              
               ,
               if
               this
               be
               not
               instrumental
               ,
               I
               know-nothing
               else
               Sentencing
               and
               signing
               :
               Some
               signed
               the
               Sentence
               ,
               some
               the
               instrument
               for
               death
               :
               the
               next
               degree
               of
               being
               Instrumental
               ,
               the
               highest
               degree
               of
               that
               ,
               is
               to
               accuse
               him
               ,
               to
               deliver
               in
               the
               Charge
               against
               him
               ,
               in
               the
               name
               of
               the
               people
               ,
               do
               it
               again
               and
               again
               ,
               be
               angry
               at
               the
               delayes
               .
               The
               next
               thing
               is
               this
               ,
               that
               you
               did
               not
               do
               this
               falso
               or
               malitiose
               ,
               but
               for
               your
               Fee
               ,
               and
               that
               though
               there
               might
               be
               avaritia
               ,
               there
               was
               not
               malitia
               in
               it
               ,
               it
               was
               done
               by
               your
               Profession
               ,
               you
               were
               not
               Magisterial
               in
               it
               ;
               you
               thought
               the
               consequences
               that
               did
               follow
               ,
               would
               not
               follow
               .
               If
               a
               man
               does
               but
               intend
               to
               beat
               a
               man
               ,
               and
               he
               dye
               upon
               it
               ,
               you
               know
               in
               Law
               it
               is
               all
               one
               :
               You
               must
               understand
               ,
               there
               is
               a
               malice
               in
               the
               Law
               ;
               If
               a
               man
               beat
               one
               in
               the
               Streets
               ,
               and
               kill
               him
               ,
               though
               not
               maliciously
               in
               him
               ,
               but
               it
               is
               so
               in
               Law.
               That
               you
               desire
               to
               have
               the
               benefit
               of
               the
               Kings
               Declaration
               ;
               that
               you
               did
               put
               in
               your
               petition
               proving
               the
               same
               ,
               that
               you
               were
               a
               prisoner
               before
               ,
               that
               the
               Commons
               in
               behalf
               of
               themselves
               and
               the
               people
               of
               England
               ,
               they
               craved
               the
               benefit
               of
               it
               ,
               which
               was
               granted
               ,
               excepting
               such
               as
               should
               be
               by
               Parliament
               exceptd
               ,
               and
               that
               the
               King
               should
               mention
               a
               Free
               Parliament
               :
               for
               this
               ,
               it
               hath
               been
               fully
               answered
               to
               you
               ,
               and
               clearly
               by
               Mr.
               Sollicitor
               ,
               that
               you
               are
               not
               at
               all
               concerned
               in
               the
               Kings
               Declaration
               at
               Breda
               .
               For
               first
               ,
               it
               is
               nothing
               in
               Law
               ,
               it
               binds
               in
               honour
               ,
               and
               we
               have
               given
               the
               same
               directions
               yesterday
               upon
               the
               like
               occasion
               ,
               that
               is
               ,
               that
               the
               Kings
               Declaration
               binds
               him
               in
               honour
               and
               in
               Conscience
               ,
               but
               it
               does
               not
               bind
               him
               in
               point
               of
               Law
               ,
               unless
               there
               were
               a
               pardon
               granted
               by
               the
               Broad
               Seal
               ,
               the
               thing
               is
               cleared
               to
               you
               what
               Parliament
               the
               King
               meant
               by
               it
               ,
               they
               were
               sitting
               at
               that
               time
               ,
               had
               acknowledged
               their
               dutie
               and
               allegiance
               to
               their
               King
               ,
               they
               went
               
                 ad
                 ultimum
                 potentiae
              
               for
               a
               free
               and
               
               absolute
               Parliament
               ,
               whilst
               the
               King
               was
               absent
               ,
               though
               the
               King
               was
               away
               ;
               yet
               notwithstanding
               the
               King
               Declared
               whom
               he
               meant
               ,
               he
               directed
               one
               of
               those
               Declarations
               to
               our
               Speaker
               of
               the
               house
               of
               Commons
               ,
               and
               another
               to
               the
               Speaker
               of
               our
               Peers
               ,
               in
               this
               case
               it
               was
               
                 loquendum
                 ut
                 vulgus
              
               ,
               it
               was
               owned
               by
               him
               as
               having
               the
               name
               of
               a
               Parliament
               ,
               it
               was
               done
               with
               great
               wisdom
               and
               prudence
               ,
               and
               so
               as
               it
               could
               be
               no
               otherwise
               ,
               they
               that
               were
               loyal
               subjects
               ,
               acting
               in
               the
               Kings
               absence
               ,
               he
               consenting
               to
               it
               ,
               the
               King
               owning
               that
               Authority
               ,
               so
               he
               was
               obliged
               in
               honour
               no
               further
               than
               his
               own
               meaning
               and
               words
               ,
               but
               there
               is
               another
               Clause
               in
               the
               act
               excludes
               all
               these
               persons
               .
               The
               next
               thing
               is
               this
               ,
               you
               say
               the
               Statute
               of
               25
               Edward
               3.
               and
               it
               is
               very
               true
               ,
               you
               say
               if
               it
               be
               any
               semblable
               Treason
               ,
               we
               were
               not
               to
               judge
               upon
               that
               ,
               unless
               they
               were
               the
               Treasons
               in
               the
               Act
               ,
               and
               it
               is
               most
               true
               ,
               now
               you
               would
               urge
               but
               this
               ,
               that
               this
               is
               but
               a
               semblable
               Treason
               ,
               but
               you
               are
               indicted
               for
               the
               compassing
               and
               imagining
               the
               Death
               of
               the
               King
               :
               if
               these
               Acts
               did
               not
               tend
               to
               the
               compassing
               and
               imagining
               the
               Kings
               death
               ,
               I
               know
               not
               what
               does
               ,
               I
               am
               satisfied
               you
               are
               convicted
               in
               your
               conscience
               .
               The
               next
               thing
               (
               for
               you
               have
               said
               as
               much
               as
               any
               man
               can
               in
               such
               a
               Cause
               ,
               it
               is
               pity
               you
               have
               not
               a
               better
               )
               you
               say
               ,
               though
               it
               was
               a
               Tyrannical
               Court
               as
               it
               is
               called
               ,
               but
               such
               a
               Court
               it
               was
               ,
               and
               there
               were
               Officers
               you
               say
               ,
               it
               had
               
                 figuram
                 judicii
              
               ,
               that
               aggravates
               the
               fact
               to
               you
               ,
               to
               your
               profession
               .
               There
               is
               a
               difference
               between
               a
               standing
               Court
               ,
               and
               that
               which
               is
               but
               named
               to
               be
               a
               Court
               ,
               this
               was
               but
               one
               of
               a
               day
               or
               two's
               growth
               before
               ,
               and
               you
               know
               by
               whom
               ,
               by
               some
               that
               pretended
               to
               be
               only
               the
               Commons
               ,
               your
               knowledge
               can
               tell
               you
               that
               there
               was
               never
               an
               Act
               made
               by
               the
               Commons
               assembled
               in
               Parliament
               alone
               ,
               and
               you
               may
               find
               it
               in
               my
               Lord
               Cook
               ,
               that
               an
               Act
               by
               the
               Lords
               and
               Commons
               alone
               was
               naught
               ,
               as
               appeared
               by
               the
               Records
               ,
               Sir
               
                 James
                 Ormond
              
               was
               attainted
               of
               Treason
               ,
               the
               Act
               was
               a
               private
               Act
               by
               the
               King
               and
               Commons
               alone
               ,
               the
               Lords
               were
               forgot
               ,
               when
               the
               Judges
               came
               to
               try
               it
               ,
               it
               was
               void
               ,
               and
               another
               in
               Henry
               the
               6.
               time
               ;
               you
               know
               this
               was
               no
               Court
               
               at
               all
               ,
               you
               know
               by
               a
               printed
               Authority
               ,
               that
               where
               a
               settled
               Court
               ,
               a
               true
               Court
               ,
               if
               that
               Court
               meddle
               with
               that
               which
               is
               not
               in
               their
               cognizance
               ,
               it
               is
               purely
               void
               ,
               the
               Minister
               that
               obeys
               them
               is
               punishable
               ,
               if
               it
               be
               Treasonable
               matter
               ,
               it
               is
               Treason
               :
               if
               murder
               it
               is
               murder
               :
               so
               in
               the
               Case
               of
               Martialsea
               ,
               and
               in
               the
               Common
               Pleas
               ,
               if
               a
               man
               shall
               begin
               an
               Appeal
               of
               death
               which
               is
               of
               a
               criminal
               nature
               ,
               and
               ought
               to
               be
               in
               the
               Kings
               Bench
               ,
               if
               they
               proceed
               in
               it
               ,
               it
               is
               void
               ;
               if
               this
               Court
               should
               condemn
               the
               party
               convicted
               ,
               &
               he
               be
               executed
               ,
               it
               is
               murder
               in
               the
               Executioner
               ,
               the
               Court
               had
               no
               power
               over
               such
               things
               ;
               you
               speak
               of
               a
               Court.
               First
               it
               was
               not
               a
               Court
               :
               Secondly
               ,
               no
               Court
               whatsoever
               could
               have
               any
               power
               over
               a
               King
               in
               a
               coercive
               way
               ,
               as
               to
               his
               person
               .
               The
               last
               thing
               that
               you
               have
               said
               for
               your self
               is
               this
               ,
               that
               admitting
               there
               was
               nothing
               to
               be
               construed
               of
               an
               Act
               or
               an
               Order
               ,
               yet
               there
               was
               a
               difference
               ,
               it
               was
               an
               Act
               
                 de
                 facto
              
               ,
               that
               you
               urged
               rightly
               upon
               the
               Statute
               of
               11
               Hen.
               7.
               which
               was
               denied
               to
               some
               ,
               God
               forbid
               it
               should
               be
               denied
               you
               ;
               if
               a
               man
               serve
               the
               King
               in
               the
               War
               ,
               he
               shall
               not
               be
               punished
               ,
               let
               the
               fact
               be
               what
               it
               will.
               King
               Henry
               the
               7.
               took
               care
               for
               him
               that
               was
               King
               
                 de
                 facto
              
               ,
               that
               his
               Subjects
               might
               be
               encouraged
               to
               follow
               him
               ,
               to
               preserve
               them
               ,
               whatever
               the
               event
               of
               the
               King
               was
               :
               
                 Mr.
                 Cook
              
               you
               say
               ,
               to
               have
               the
               equity
               of
               that
               Act
               ,
               that
               here
               was
               an
               authority
               
                 de
                 facto
              
               ,
               these
               persons
               had
               gotten
               the
               supream
               power
               ,
               and
               therefore
               what
               you
               did
               under
               them
               you
               do
               desire
               the
               equity
               of
               that
               Act
               ;
               for
               that
               clearly
               the
               intent
               and
               meaning
               of
               that
               Act
               is
               against
               you
               ,
               it
               was
               to
               preserve
               the
               King
               
                 de
                 facto
              
               ,
               how
               much
               more
               to
               preserve
               the
               King
               
                 de
                 jure
              
               ,
               he
               was
               owned
               by
               these
               men
               ,
               and
               you
               ,
               as
               King
               ,
               you
               charged
               him
               as
               King
               ,
               and
               he
               was
               sentenced
               as
               King.
               That
               that
               King
               Henry
               the
               7.
               did
               ,
               was
               to
               take
               care
               of
               the
               King
               
                 de
                 facto
              
               against
               the
               King
               
                 de
                 jure
              
               ,
               it
               was
               for
               a
               King
               and
               Kingly
               Government
               ,
               it
               was
               not
               for
               an
               Antimonarchical
               Government
               ,
               you
               proceeded
               against
               your
               own
               King
               and
               as
               your
               King
               ,
               called
               him
               in
               your
               charge
               
                 Charles
                 Stewart
              
               King
               of
               England
               .
               I
               think
               there
               is
               no
               colour
               you
               should
               have
               any
               benefit
               of
               the
               Letter
               ,
               or
               of
               the
               equitie
               of
               the
               Act.
               They
               had
               not
               all
               the
               Authority
               at
               that
               time
               ,
               
               they
               were
               a
               few
               of
               the
               people
               that
               did
               it
               ,
               they
               had
               some
               part
               of
               the
               Army
               with
               them
               ,
               the
               Lords
               were
               not
               dissolved
               then
               when
               they
               had
               adjourned
               some
               time
               ,
               they
               did
               sit
               afterwards
               ,
               so
               that
               all
               the
               particulars
               you
               alledge
               ,
               are
               against
               you
               .
               The
               last
               thing
               was
               this
               ,
               you
               say
               ,
               that
               it
               having
               pleased
               God
               to
               restore
               the
               King
               ,
               Judgement
               should
               be
               given
               for
               example
               for
               terrour
               to
               others
               ,
               that
               this
               could
               not
               be
               drawn
               into
               example
               again
               ,
               why
               ?
               because
               by
               the
               blessing
               of
               God
               peace
               was
               restored
               ,
               no
               probability
               that
               if
               your
               life
               was
               spared
               ,
               that
               it
               would
               be
               drawn
               again
               into
               example
               ,
               this
               is
               the
               weakest
               thing
               you
               have
               urged
               ,
               you
               must
               know
               the
               reason
               :
               there
               are
               two
               things
               ,
               there
               is
               the
               punishment
               and
               example
               ,
               punishment
               goes
               to
               the
               prisoner
               ,
               but
               example
               to
               the
               documents
               of
               all
               others
               ;
               God
               knows
               what
               such
               things
               may
               be
               in
               after
               ages
               ,
               if
               there
               should
               be
               impunity
               for
               them
               ,
               it
               would
               rather
               make
               men
               impudent
               and
               confident
               afterwards
               :
               if
               you
               have
               any
               more
               to
               say
               I
               will
               hear
               you
               ,
               if
               not
               I
               must
               conclude
               to
               the
               Jury
               :
               You
               hear
               the
               evidence
               is
               clear
               for
               compassing
               and
               imagining
               the
               Death
               of
               the
               King
               ,
               you
               have
               heard
               what
               he
               has
               said
               ,
               and
               what
               he
               hath
               done
               ,
               he
               has
               within
               ,
               and
               examined
               Witnesses
               against
               the
               King
               ,
               that
               he
               was
               by
               at
               the
               drawing
               of
               the
               charge
               ,
               where
               it
               was
               drawn
               ,
               you
               hear
               he
               exhibited
               this
               charge
               in
               the
               name
               of
               the
               Commons
               assembled
               in
               Parliament
               ,
               and
               the
               good
               people
               of
               England
               ,
               and
               what
               this
               charge
               is
               ,
               it
               is
               high
               Treason
               and
               other
               high
               misdemeanors
               ,
               you
               find
               that
               he
               does
               complain
               of
               delays
               ,
               dosagain
               and
               again
               speak
               of
               this
               Charge
               ,
               desire
               it
               may
               be
               taken
               
                 pro
                 confesso
                 ▪
              
               in
               the
               close
               of
               all
               ,
               it
               was
               not
               so
               much
               he
               ,
               as
               innocent
               blood
               ,
               that
               demanded
               Justice
               ,
               this
               was
               more
               than
               was
               dictated
               to
               him
               .
               You
               have
               heard
               the
               Witnesses
               ,
               he
               was
               perswaded
               to
               forbear
               ,
               acknowledged
               the
               King
               to
               be
               a
               gracious
               and
               wise
               King
               ,
               The
               Oaths
               alledged
               against
               him
               ,
               and
               you
               have
               heard
               his
               excuse
               ,
               I
               have
               nothing
               to
               say
               more
               ,
               I
               shall
               be
               very
               willing
               to
               hear
               you
               further
               :
               I
               have
               not
               absolutely
               directed
               the
               Jury
               .
            
          
           
             
               Cook.
               
            
             
               I
               do
               humbly
               acknowledge
               your
               patience
               in
               hearing
               me
               ,
               and
               that
               your
               Lordships
               have
               truly
               and
               justly
               stated
               both
               proofs
               and
               my
               answer
               .
               If
               your
               Lordships
               are
               pleased
               to
               lay
               aside
               these
               Acts
               ,
               or
               Orders
               ,
               or
               Authority
               whereby
               
               I
               did
               at
               that
               time
               truly
               ,
               conscientiously
               act
               ,
               and
               did
               think
               that
               it
               would
               bear
               me
               out
               ,
               if
               you
               lay
               aside
               that
               ,
               and
               look
               upon
               it
               as
               so
               many
               men
               got
               together
               without
               authority
               and
               aswell
               those
               that
               were
               instrumental
               ,
               though
               not
               sentencers
               or
               signers
               ,
               and
               that
               clause
               in
               the
               Act
               ,
               I
               confess
               I
               humbly
               make
               bold
               to
               say
               ,
               I
               have
               not
               received
               satisfaction
               in
               my
               judgment
               ,
               those
               very
               words
               of
               
                 not
                 so
                 much
                 I
                 ,
                 as
                 the
                 innocent
                 blood
                 cries
                 for
                 justice
              
               were
               dictated
               to
               me
               ,
               there
               was
               nothing
               at
               all
               left
               to
               me
               ,
               because
               his
               Majesty
               did
               not
               plead
               ,
               there
               was
               no
               Tryal
               ,
               that
               which
               I
               did
               was
               according
               to
               the
               best
               ,
               though
               it
               may
               be
               according
               to
               the
               weakest
               part
               of
               my
               judgment
               ,
               I
               have
               no
               new
               matter
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               You
               have
               said
               no
               new
               matter
               unless
               it
               be
               worse
               than
               before
               ,
               for
               now
               you
               warrant
               that
               Authority
               .
            
          
           
             
               Cook.
               
            
             
               Do
               not
               mistake
               me
               (
               my
               Lord
               )
               I
               mean
               so
               far
               as
               to
               excuse
               me
               in
               the
               point
               of
               High
               Treason
               .
            
          
           
             
               L.
               C.
               B.
               
            
             
               We
               delivered
               our
               opinions
               ,
               as
               to
               that
               formerly
               we
               were
               of
               opinion
               ,
               that
               the
               acting
               by
               colour
               of
               that
               pretended
               authority
               was
               so
               far
               from
               any
               extenuation
               ,
               that
               it
               was
               an
               aggravation
               of
               the
               thing
               ,
               the
               meeting
               by
               that
               authoty
               was
               Treason
               ,
               and
               in
               them
               that
               acted
               under
               them
               and
               approving
               of
               it
               ,
               the
               making
               of
               that
               trayterous
               pretended
               Act
               ,
               making
               the
               Proclamation
               ,
               sitting
               upon
               it
               ,
               they
               were
               all
               so
               many
               Treasons
               :
               That
               was
               the
               reason
               why
               that
               was
               urged
               against
               you
               ,
               assuming
               upon
               you
               the
               power
               ,
               that
               was
               ,
               you
               approving
               of
               their
               power
               by
               acting
               under
               them
               ,
               so
               that
               there
               is
               nothing
               more
               to
               be
               said
               .
            
             
               Gentlemen
               of
               the
               Jury
               ,
               you
               have
               heard
               the
               indictment
               was
               for
               compassing
               and
               imagining
               the
               death
               of
               the
               King
               ,
               you
               have
               heard
               the
               several
               Overt
               acts
               repeated
               ,
               and
               whether
               these
               are
               guilty
               of
               Treason
               to
               deliver
               in
               a
               charge
               against
               the
               K.
               such
               a
               one
               as
               that
               was
               in
               these
               words
               ,
               as
               against
               a
               Traytor
               ,
               Tyrant
               ,
               Murderer
               ,
               and
               implacable
               enemy
               to
               the
               Commonwealth
               ,
               in
               these
               very
               words
               ,
               to
               desire
               Judgement
               against
               the
               Prisoner
               (
               then
               the
               King
               )
               at
               the
               Bar
               ,
               angry
               at
               delayes
               ,
               to
               desire
               that
               the
               Charge
               might
               be
               taken
               
                 pro
                 confesso
              
               ,
               to
               have
               it
               expresly
               ,
               again
               &
               again
               to
               demand
               Judgement
               :
               if
               these
               be
               not
               Overt
               acts
               of
               compassing
               and
               imagining
               
               the
               Death
               of
               the
               King
               ,
               &
               that
               which
               hath
               been
               said
               by
               the
               Witnesses
               ,
               it
               must
               be
               left
               to
               you
               ,
               I
               think
               you
               need
               not
               go
               from
               the
               Bar.
               
            
          
           
             Jury
             went
             together
             .
             Silence
             is
             commanded
             .
          
           
             
               Clerk.
               
            
             
               Are
               you
               agreed
               of
               your
               Verdict
               ?
            
          
           
             
               Jury
               .
            
             
               Yes
               .
            
          
           
             
               Clerk.
               
            
             
               Who
               shall
               speak
               for
               you
               ?
            
          
           
             
               Jury
               .
            
             
               The
               Fore-man
               .
            
          
           
             
               Clerk.
               
            
             
               
                 John
                 Cook
              
               ,
               hold
               up
               thy
               hand
               ,
               look
               upon
               the
               Prisoner
               at
               the
               Bar
               ,
               how
               say
               you
               ,
               is
               he
               guilty
               of
               the
               Treason
               in
               manner
               &
               form
               as
               he
               stands
               indicted
               ,
               or
               not
               guilty
               ?
            
          
           
             
               Fore-man
               .
            
             
               Guilty
               .
            
          
           
             
               Clerk.
               
            
             
               Look
               to
               him
               Keeper
               ,
            
          
           
             
               Clerk.
               
            
             
               What
               Goods
               and
               Chattells
               ?
            
          
           
             
               Jury
               .
            
             
               None
               that
               we
               know
               of
               .
            
          
           
             
               The
               Tryal
               of
               
                 Hugh
                 Peters
              
               the
               same
               13.
               of
               October
               ,
               and
               at
               the
               same
               Bar.
               
            
             
               
                 Clerk
                 of
                 the
                 Crown
                 .
              
               
                 SET
                 
                   Hugh
                   Peters
                
                 to
                 the
                 Bar
                 :
              
               
                 he
                 was
                 brought
                 accordingly
                 .
              
            
             
               
                 H.
                 P.
                 
              
               
                 Hold
                 up
                 thy
                 hand
                 ,
                 thou
                 standest
                 indicted
                 ,
                 &c.
                 
                 If
                 you
                 will
                 challenge
                 any
                 of
                 the
                 Jury
                 ,
                 you
                 must
                 challenge
                 them
                 when
                 they
                 come
                 to
                 the
                 book
                 ,
                 before
                 they
                 are
                 sworn
                 .
              
            
             
               
                 L.
                 Ch.
                 Bar.
                 
              
               
                 Mr.
                 Peters
                 ,
                 You
                 may
                 challenge
                 to
                 the
                 number
                 of
                 35
                 peremptiorily
                 ,
                 but
                 beyond
                 that
                 you
                 cannot
                 without
                 good
                 cause
                 shewn
                 ,
                 and
                 you
                 may
                 have
                 Pen
                 ,
                 Ink
                 ,
                 and
                 Paper
                 .
              
            
             
               
                 Peters
                 .
              
               
                 My
                 Lord
                 ,
                 I
                 shall
                 challenge
                 none
                 .
              
            
             
               
                 Jury
                 sworn
                 ,
                 12.
                 
                 Sir
              
               Jer.
               Whitch
               .
               James
               Hally
               ,
               Christo
               .
               Abdy
               ,
               Nich.
               Rainton
               ,
               Rich.
               Cheyney
               ,
               Jo.
               Smith
               ,
               Rich.
               Abell
               ,
               George
               Terry
               ,
               Charl.
               Pickern
               ,
               Jo.
               Nichol.
               Fran.
               Dorrington
               ,
               Anthony
               Hall.
               
            
             
               
                 Cler.
                 
              
               
                 
                   Hugh
                   Peters
                
                 hold
                 up
                 thy
                 hand
                 .
              
               
                 Look
                 on
                 the
                 Prisoner
                 you
                 that
                 are
                 sworn
                 ,
                 &c.
                 
              
            
             
               
                 Sir.
                 
                   Ed.
                   Turner
                
              
               
                 
                   to
                   the
                   Jury
                   .
                
                 You
                 have
                 often
                 heard
                 repeated
                 to
                 you
                 ,
                 that
                 the
                 substantial
                 part
                 of
                 the
                 charge
                 is
                 the
                 compassing
                 and
                 imagining
                 the
                 death
                 of
                 the
                 King
                 ,
                 and
                 all
                 the
                 rest
                 will
                 be
                 but
                 evidence
                 to
                 prove
                 that
                 imagination
                 against
                 the
                 Prisoner
                 at
                 the
                 Bar
                 ,
                 whom
                 we
                 will
                 prove
                 to
                 be
                 a
                 principal
                 actor
                 in
                 this
                 sad
                 Tragedy
                 ,
                 and
                 next
                 to
                 him
                 whom
                 God
                 hath
                 taken
                 away
                 ,
                 and
                 reserved
                 to
                 his
                 own
                 Judgment
                 ;
                 and
                 we
                 
                 shall
                 endeavour
                 to
                 prove
                 ,
                 That
                 he
                 was
                 a
                 chief
                 Conspirator
                 with
                 Cromwell
                 at
                 serveral
                 times
                 ,
                 and
                 in
                 several
                 places
                 ,
                 and
                 that
                 it
                 was
                 designed
                 by
                 them
                 .
                 We
                 shall
                 prove
                 that
                 he
                 was
                 the
                 principal
                 person
                 to
                 procure
                 the
                 Souldiery
                 to
                 cry
                 out
                 Justice
                 ,
                 Justice
                 ,
                 or
                 assist
                 or
                 desire
                 those
                 for
                 the
                 taking
                 away
                 the
                 life
                 of
                 the
                 King.
                 He
                 did
                 make
                 use
                 of
                 his
                 profession
                 ,
                 wherein
                 he
                 should
                 have
                 been
                 the
                 Minister
                 of
                 peace
                 ,
                 to
                 make
                 himself
                 a
                 Trumpeter
                 of
                 war
                 ,
                 of
                 Treason
                 and
                 Sedition
                 in
                 the
                 Kingdom
                 .
                 He
                 preached
                 many
                 Sermons
                 to
                 the
                 Souldiery
                 in
                 direct
                 terms
                 for
                 taking
                 away
                 the
                 King
                 ,
                 comparing
                 the
                 K.
                 to
                 Barabbas
                 ;
                 He
                 was
                 instrumental
                 when
                 the
                 Proclamation
                 for
                 the
                 High
                 Court
                 of
                 Justice
                 (
                 as
                 they
                 called
                 it
                 )
                 was
                 proclaimed
                 ,
                 directing
                 where
                 it
                 should
                 be
                 proclaimed
                 ,
                 and
                 in
                 what
                 place
                 .
                 When
                 the
                 King
                 was
                 brought
                 upon
                 the
                 stage
                 ,
                 that
                 mock-work
                 ,
                 he
                 was
                 the
                 person
                 that
                 stirred
                 up
                 the
                 Souldiery
                 below
                 to
                 cry
                 for
                 Justice
                 ;
                 we
                 shall
                 shew
                 you
                 as
                 he
                 preached
                 at
                 several
                 times
                 upon
                 several
                 occasions
                 ,
                 still
                 he
                 was
                 in
                 the
                 Pulpit
                 to
                 promote
                 this
                 business
                 ,
                 the
                 next
                 day
                 after
                 he
                 was
                 brought
                 to
                 tryal
                 he
                 commends
                 it
                 ;
                 you
                 shall
                 hear
                 all
                 out
                 of
                 the
                 mouth
                 of
                 the
                 Prisoner
                 ,
                 therefore
                 I
                 say
                 no
                 more
                 ,
                 call
                 the
                 witnesses
                 .
              
            
             
               Dr.
               
                 William
                 Young
              
               sworn
               .
            
             
               
                 Council
                 .
              
               
                 Tell
                 my
                 Lords
                 and
                 Jury
                 what
                 the
                 Prisoner
                 at
                 the
                 Bar
                 has
                 declared
                 to
                 you
                 concerning
                 the
                 contrivance
                 of
                 bringing
                 the
                 King
                 to
                 Tryal
                 .
              
            
             
               
                 Dr.
                 Young.
                 
              
               
                 My
                 L.
                 and
                 Gentlemen
                 of
                 the
                 Jury
                 ,
                 It
                 was
                 near
                 about
                 (
                 and
                 that
                 the
                 Prisoner
                 may
                 remember
                 )
                 the
                 moneth
                 of
                 July
                 1648.
                 since
                 we
                 came
                 first
                 acquainted
                 ,
                 when
                 he
                 went
                 over
                 to
                 Ireland
                 ,
                 it
                 was
                 about
                 the
                 Siege
                 of
                 Pembroke
                 Castle
                 ,
                 but
                 afterwards
                 in
                 the
                 year
                 1649.
                 we
                 renewed
                 our
                 acquaintance
                 ,
                 he
                 went
                 over
                 into
                 Ireland
                 with
                 that
                 Usurper
                 the
                 late
                 Protector
                 ,
                 as
                 he
                 was
                 called
                 ,
                 after
                 the
                 Town
                 of
                 Wexford
                 was
                 taken
                 ;
                 coming
                 over
                 he
                 fell
                 sick
                 of
                 the
                 flux
                 ,
                 and
                 said
                 he
                 received
                 it
                 by
                 infection
                 ,
                 praying
                 over
                 Captain
                 Horton
                 .
                 Coming
                 into
                 Milford
                 ,
                 that
                 Captain
                 sends
                 a
                 summons
                 to
                 me
                 ,
                 to
                 come
                 on
                 board
                 ,
                 that
                 was
                 to
                 fetch
                 this
                 prisoner
                 at
                 the
                 Bar
                 ,
                 who
                 was
                 sick
                 .
                 I
                 found
                 him
                 there
                 groveling
                 upon
                 the
                 deck
                 ,
                 and
                 sick
                 he
                 was
                 indeed
                 ,
                 with
                 much
                 difficulty
                 we
                 got
                 him
                 on
                 shore
                 ,
                 within
                 a
                 very
                 few
                 dayes
                 ,
                 
                 (
                 to
                 the
                 best
                 of
                 my
                 remembrance
                 five
                 days
                 )
                 I
                 perfected
                 his
                 cure
                 .
                 We
                 became
                 very
                 familiar
                 ,
                 I
                 observed
                 in
                 him
                 that
                 he
                 had
                 some
                 secret
                 thoughts
                 that
                 I
                 could
                 not
                 well
                 discover
                 ,
                 neither
                 well
                 understand
                 ,
                 whereupon
                 I
                 thought
                 it
                 might
                 tend
                 to
                 my
                 security
                 that
                 I
                 should
                 so
                 much
                 sympathize
                 with
                 him
                 ,
                 to
                 get
                 within
                 him
                 to
                 know
                 his
                 intentions
                 .
                 After
                 some
                 weeks
                 ,
                 (
                 for
                 he
                 continued
                 with
                 me
                 ten
                 weeks
                 ,
                 or
                 near
                 thereabouts
                 ,
                 some
                 few
                 days
                 ,
                 rather
                 over
                 than
                 under
                 )
                 we
                 grew
                 so
                 familiar
                 ,
                 that
                 at
                 last
                 I
                 found
                 he
                 began
                 to
                 inlarge
                 his
                 heart
                 to
                 me
                 .
                 Many
                 times
                 I
                 should
                 hear
                 him
                 rail
                 most
                 insufferably
                 against
                 the
                 Blood
                 Royal
                 ,
                 not
                 only
                 against
                 our
                 Martyred
                 King
                 ,
                 but
                 against
                 his
                 Royal
                 off-spring
                 ,
                 still
                 as
                 we
                 continued
                 our
                 acquaintance
                 ,
                 he
                 became
                 more
                 and
                 more
                 open
                 to
                 me
                 ,
                 so
                 we
                 would
                 sit
                 up
                 discoursing
                 (
                 till
                 about
                 twelve
                 or
                 one
                 of
                 the
                 clock
                 at
                 night
                 ,
                 very
                 often
                 )
                 about
                 these
                 unhappy
                 wars
                 late
                 in
                 England
                 .
                 At
                 last
                 ,
                 my
                 Lord
                 ,
                 I
                 found
                 him
                 ,
                 that
                 he
                 began
                 to
                 tell
                 me
                 how
                 he
                 came
                 into
                 England
                 ,
                 and
                 upon
                 what
                 account
                 he
                 came
                 out
                 of
                 
                   New
                   England
                
                 .
                 I
                 shall
                 desire
                 that
                 in
                 regard
                 his
                 discourses
                 were
                 various
                 ,
                 that
                 I
                 may
                 deliver
                 them
                 orderly
                 ,
                 they
                 were
                 delivered
                 to
                 me
                 within
                 the
                 compass
                 of
                 ten
                 weeks
                 ,
                 but
                 the
                 days
                 and
                 weeks
                 I
                 cannot
                 remember
                 .
                 First
                 he
                 told
                 me
                 (
                 discoursing
                 of
                 
                   New
                   England
                
                 and
                 the
                 Clergy
                 there
                 ,
                 and
                 much
                 of
                 the
                 Clergy
                 here
                 in
                 England
                 ,
                 and
                 of
                 the
                 business
                 here
                 of
                 reformation
                 ,
                 )
                 he
                 told
                 me
                 that
                 for
                 the
                 driving
                 on
                 of
                 this
                 interest
                 of
                 this
                 Reformation
                 ,
                 he
                 was
                 imployed
                 out
                 of
                 
                   New
                   England
                
                 for
                 the
                 stirring
                 up
                 of
                 this
                 war
                 and
                 driving
                 of
                 it
                 on
                 ,
                 this
                 I
                 shall
                 my
                 Lord
                 speak
                 to
                 in
                 the
                 first
                 place
                 ,
                 and
                 that
                 upon
                 the
                 oath
                 I
                 have
                 taken
                 :
                 and
                 secondly
                 ,
                 he
                 was
                 pleased
                 at
                 another
                 time
                 to
                 acquaint
                 me
                 ,
                 and
                 that
                 by
                 way
                 of
                 complement
                 ,
                 complaining
                 then
                 against
                 the
                 Parliament
                 ,
                 saying
                 ,
                 that
                 sometime
                 after
                 he
                 was
                 come
                 into
                 Engl.
                 he
                 was
                 sent
                 over
                 into
                 Ireland
                 by
                 the
                 Parliament
                 to
                 receive
                 further
                 instructions
                 to
                 drive
                 on
                 the
                 design
                 ,
                 to
                 extirpate
                 Monarchy
                 ;
                 saith
                 he
                 ,
                 I
                 did
                 dispend
                 a
                 great
                 deal
                 of
                 my
                 own
                 money
                 ,
                 yet
                 never
                 had
                 that
                 satisfaction
                 from
                 them
                 which
                 they
                 promised
                 me
                 ,
                 that
                 was
                 they
                 promised
                 me
                 2
                 or
                 3000
                 l.
                 for
                 my
                 journey
                 ,
                 and
                 yet
                 they
                 have
                 given
                 me
                 no
                 more
                 but
                 only
                 a
                 small
                 pittance
                 of
                 land
                 out
                 of
                 my
                 Lord
                 of
                 Worcesters
                 estate
                 in
                 Worcester-shire
                 .
                 I
                 have
                 seen
                 his
                 letters
                 directed
                 
                 to
                 his
                 kinsman
                 here
                 in
                 London
                 ,
                 as
                 I
                 take
                 it
                 ,
                 his
                 name
                 was
                 Parker
                 ,
                 advising
                 him
                 for
                 the
                 settling
                 of
                 this
                 land
                 and
                 selling
                 it
                 .
                 Thirdly
                 ,
                 my
                 Lord
                 ,
                 I
                 have
                 observed
                 ,
                 that
                 by
                 way
                 of
                 vilification
                 of
                 the
                 Monarchical
                 Government
                 ,
                 I
                 have
                 found
                 him
                 jocundarily
                 scoffing
                 at
                 it
                 ,
                 and
                 would
                 ordinarily
                 quibble
                 in
                 this
                 manner
                 ,
                 saying
                 ,
                 this
                 Common-wealth
                 will
                 never
                 be
                 at
                 peace
                 till
                 150.
                 be
                 put
                 down
                 .
                 I
                 asked
                 him
                 what
                 this
                 150.
                 was
                 ,
                 he
                 told
                 me
                 three
                 L's
                 ,
                 and
                 afterwards
                 interpreted
                 the
                 meaning
                 to
                 be
                 the
                 Lords
                 ,
                 the
                 Levites
                 and
                 the
                 Lawyers
                 ,
                 with
                 that
                 said
                 I
                 ,
                 we
                 shall
                 be
                 like
                 
                   Switzers
                   ,
                   Tinkers
                
                 and
                 Traytors
                 .
                 Now
                 my
                 Lord
                 ,
                 we
                 are
                 come
                 to
                 the
                 last
                 particular
                 ,
                 we
                 discoursing
                 thus
                 frequently
                 ,
                 and
                 withal
                 he
                 was
                 then
                 a
                 Colonel
                 ,
                 and
                 had
                 a
                 Commission
                 under
                 that
                 Usurper
                 Oliver
                 ,
                 and
                 brought
                 over
                 his
                 Commission
                 for
                 raising
                 of
                 Souldiers
                 to
                 foment
                 that
                 War
                 in
                 Ireland
                 ;
                 that
                 it
                 was
                 so
                 I
                 appeal
                 to
                 the
                 dictates
                 of
                 his
                 own
                 Conscience
                 ,
                 and
                 whether
                 he
                 did
                 not
                 press
                 me
                 very
                 importunately
                 to
                 accept
                 of
                 a
                 Commission
                 of
                 Major
                 or
                 a
                 Captain
                 ;
                 he
                 did
                 issue
                 forth
                 two
                 Commissions
                 under
                 his
                 own
                 hand
                 ,
                 one
                 of
                 them
                 to
                 bring
                 over
                 from
                 Devon-shire
                 two
                 foot
                 Companies
                 unto
                 Cork
                 .
                 My
                 Lord
                 ,
                 because
                 we
                 were
                 militarily
                 affected
                 ,
                 amongst
                 the
                 discourses
                 of
                 our
                 unhappy
                 wars
                 ,
                 I
                 know
                 not
                 how
                 it
                 came
                 from
                 him
                 ,
                 it
                 being
                 near
                 eleven
                 years
                 since
                 ,
                 and
                 I
                 have
                 had
                 many
                 sufferings
                 incumbent
                 on
                 me
                 ,
                 so
                 that
                 I
                 may
                 fail
                 in
                 some
                 particulars
                 ,
                 but
                 in
                 general
                 thus
                 it
                 was
                 :
                 we
                 were
                 discoursing
                 concerning
                 our
                 Martyr'd
                 King
                 ,
                 as
                 then
                 we
                 call'd
                 him
                 ,
                 and
                 of
                 his
                 Imprisonment
                 in
                 
                 Holmeby-House
                 ,
                 which
                 I
                 wondered
                 at
                 ,
                 thus
                 we
                 discourst
                 ,
                 he
                 told
                 me
                 the
                 story
                 how
                 they
                 had
                 used
                 him
                 at
                 Holmeby
                 ,
                 and
                 at
                 last
                 came
                 up
                 to
                 this
                 ,
                 when
                 he
                 was
                 taken
                 away
                 from
                 Holmeby
                 .
                 House
                 ,
                 the
                 Parliament
                 had
                 then
                 a
                 design
                 to
                 have
                 secured
                 
                   O.
                   Cromwel
                
                 ,
                 and
                 my self
                 being
                 then
                 in
                 London
                 ,
                 saith
                 he
                 ,
                 we
                 having
                 intelligence
                 of
                 it
                 ,
                 escaped
                 out
                 of
                 London
                 ,
                 and
                 rode
                 hard
                 for
                 it
                 ,
                 and
                 as
                 we
                 rode
                 to
                 Ware
                 we
                 made
                 a
                 halt
                 ,
                 and
                 advised
                 how
                 we
                 should
                 settle
                 this
                 Kingdome
                 in
                 peace
                 ,
                 and
                 dispose
                 of
                 the
                 King
                 ,
                 the
                 result
                 was
                 this
                 ;
                 They
                 should
                 bring
                 him
                 to
                 justice
                 ,
                 Try
                 him
                 for
                 his
                 life
                 ,
                 and
                 cut
                 off
                 his
                 Head
                 :
                 whether
                 this
                 was
                 the
                 expression
                 of
                 Cromwel
                 I
                 cannot
                 tell
                 ;
                 but
                 to
                 the
                 utmost
                 of
                 my
                 remembrance
                 ,
                 and
                 I
                 am
                 mistaken
                 if
                 it
                 was
                 not
                 the
                 advice
                 of
                 Mr.
                 Peters
                 to
                 Cromwel
                 ,
                 and
                 I
                 
                 believe
                 it
                 ,
                 because
                 his
                 former
                 relations
                 of
                 his
                 instructions
                 out
                 of
                 Ireland
                 did
                 tend
                 to
                 that
                 effect
                 .
              
            
             
               
                 Mr.
                 Soll.
                 Gen.
                 
              
               
                 I
                 will
                 ask
                 you
                 this
                 question
                 ,
                 we
                 will
                 not
                 press
                 you
                 particularly
                 upon
                 your
                 memory
                 ,
                 whether
                 Cromwel
                 or
                 Peters
                 said
                 the
                 words
                 ,
                 do
                 you
                 remember
                 he
                 confessed
                 to
                 you
                 ,
                 they
                 were
                 agreed
                 upon
                 that
                 matter
                 ?
              
            
             
               
                 Young.
                 
              
               
                 They
                 did
                 consult
                 and
                 agree
                 upon
                 it
                 .
              
            
             
               
                 Peters
                 .
              
               
                 My
                 Lord
                 ,
                 I
                 desire
                 to
                 speak
                 a
                 Word
                 ,
                 
                   (
                   his
                   voice
                   being
                   so
                   low
                   he
                   was
                   brought
                   to
                   the
                   second
                   Bar.
                   )
                
                 I
                 am
                 the
                 bolder
                 to
                 speak
                 to
                 your
                 Lordships
                 at
                 this
                 time
                 a
                 word
                 ,
                 and
                 it
                 is
                 high
                 time
                 to
                 satisfie
                 my
                 conscience
                 ,
                 if
                 these
                 things
                 were
                 true
                 ,
                 there
                 is
                 enough
                 said
                 to
                 destroy
                 me
                 ,
                 I
                 desire
                 leave
                 to
                 tell
                 you
                 what
                 offence
                 I
                 take
                 at
                 the
                 witness
                 ,
                 thus
                 my
                 Lord.
                 This
                 Gentleman
                 I
                 do
                 know
                 —
              
            
             
               
                 Coun.
                 
              
               
                 What
                 say
                 you
                 to
                 him
                 ?
              
            
             
               
                 Peters
                 .
              
               
                 That
                 which
                 I
                 have
                 to
                 say
                 is
                 this
                 ,
                 that
                 in
                 his
                 story
                 he
                 hath
                 told
                 that
                 which
                 is
                 not
                 true
                 ,
                 but
                 I
                 will
                 not
                 find
                 fault
                 with
                 him
                 ,
                 because
                 he
                 was
                 my
                 host
                 ,
                 I
                 will
                 not
                 reflect
                 and
                 recriminate
                 ,
                 I
                 shall
                 give
                 your
                 Lordships
                 in
                 simplicity
                 as
                 much
                 satisfaction
                 my self
                 as
                 any
                 witness
                 ,
                 this
                 I
                 say
                 to
                 the
                 man
                 that
                 speaks
                 ,
                 and
                 this
                 is
                 certain
                 ,
                 I
                 did
                 indeed
                 spend
                 some
                 time
                 at
                 this
                 Gentlemans
                 house
                 ,
                 he
                 is
                 called
                 there
                 Dr.
                 Young
                 ,
                 and
                 my
                 trouble
                 at
                 this
                 discourse
                 is
                 this
                 ,
                 I
                 do
                 not
                 know
                 my
                 Lord
                 that
                 I
                 found
                 a
                 more
                 violent
                 man
                 for
                 the
                 Parliament
                 than
                 himself
                 ;
                 so
                 far
                 ,
                 he
                 undertook
                 to
                 be
                 a
                 spy
                 on
                 one
                 side
                 ,
                 this
                 I
                 find
                 to
                 be
                 so
                 ,
                 he
                 will
                 not
                 deny
                 it
                 ,
                 he
                 was
                 very
                 fierce
                 in
                 that
                 way
                 ,
                 I
                 think
                 words
                 of
                 such
                 a
                 man
                 ought
                 to
                 be
                 little
                 attended
                 to
                 .
                 The
                 second
                 is
                 this
                 ,
                 this
                 Gentleman
                 is
                 not
                 a
                 competent
                 witness
                 ,
                 and
                 that
                 upon
                 a
                 two-fold
                 ground
                 .
                 First
                 ,
                 because
                 I
                 know
                 he
                 is
                 under
                 a
                 very
                 great
                 temptation
                 and
                 trouble
                 in
                 this
                 very
                 thing
                 ,
                 and
                 it
                 is
                 upon
                 this
                 account
                 ,
                 he
                 was
                 put
                 out
                 of
                 his
                 living
                 in
                 the
                 Countrey
                 ,
                 and
                 here
                 he
                 came
                 to
                 me
                 to
                 help
                 him
                 again
                 ,
                 and
                 was
                 very
                 highly
                 offended
                 because
                 I
                 did
                 not
                 do
                 it
                 .
                 Secondly
                 ,
                 it
                 is
                 not
                 that
                 I
                 would
                 invalidate
                 his
                 witness
                 ,
                 but
                 give
                 me
                 leave
                 to
                 tell
                 you
                 ,
                 it
                 is
                 his
                 way
                 to
                 snap
                 and
                 catch
                 at
                 every
                 man
                 ,
                 which
                 is
                 the
                 complaint
                 of
                 the
                 people
                 in
                 his
                 own
                 countrey
                 .
                 I
                 know
                 that
                 same
                 which
                 is
                 spoken
                 is
                 false
                 ,
                 I
                 speak
                 it
                 in
                 the
                 presence
                 of
                 God
                 ,
                 I
                 profess
                 I
                 never
                 had
                 any
                 near
                 converse
                 with
                 
                   O.
                   C.
                
                 about
                 such
                 things
                 ,
                 I
                 speak
                 this
                 to
                 the
                 Jury
                 ,
                 that
                 they
                 would
                 have
                 a
                 care
                 of
                 the
                 witness
                 ,
                 I
                 was
                 in
                 sickness
                 then
                 ,
                 those
                 that
                 have
                 known
                 me
                 ,
                 do
                 know
                 likewise
                 I
                 have
                 much
                 weakness
                 in
                 my
                 head
                 when
                 
                 I
                 am
                 sick
                 ,
                 and
                 to
                 take
                 words
                 that
                 are
                 spoken
                 in
                 a
                 sick
                 condition
                 he
                 ought
                 not
                 to
                 do
                 it
                 ,
                 for
                 the
                 words
                 themselves
                 I
                 do
                 here
                 profess
                 against
                 them
                 ,
                 for
                 the
                 generality
                 of
                 them
                 ,
                 and
                 that
                 he
                 hath
                 been
                 freer
                 in
                 my
                 judgement
                 in
                 any
                 communication
                 this
                 way
                 than
                 I
                 have
                 been
                 ;
                 it
                 is
                 marvellous
                 ,
                 here
                 I
                 profess
                 the
                 things
                 untruths
                 ,
                 I
                 call
                 God
                 and
                 Angels
                 to
                 witness
                 they
                 are
                 not
                 true
                 .
                 I
                 will
                 give
                 you
                 an
                 account
                 of
                 my
                 whole
                 condition
                 by
                 and
                 by
                 ,
                 if
                 I
                 may
                 be
                 heard
                 .
              
            
             
               
                 Court.
                 
              
               
                 You
                 shall
                 be
                 heard
                 at
                 large
                 ,
                 that
                 which
                 you
                 have
                 been
                 heard
                 now
                 ,
                 is
                 concerning
                 the
                 competency
                 or
                 incompetency
                 of
                 the
                 witness
                 :
                 the
                 incompetency
                 against
                 him
                 is
                 this
                 ,
                 that
                 when
                 you
                 came
                 thither
                 none
                 more
                 violent
                 for
                 the
                 Parliament
                 than
                 himself
                 ,
                 and
                 that
                 he
                 was
                 a
                 great
                 spie
                 ,
                 and
                 you
                 say
                 it
                 is
                 usual
                 with
                 him
                 to
                 take
                 such
                 courses
                 ;
                 these
                 are
                 but
                 words
                 ,
                 if
                 you
                 have
                 any
                 witnesses
                 we
                 will
                 hear
                 them
                 ,
                 the
                 man
                 may
                 be
                 traduced
                 and
                 slandered
                 ,
                 and
                 so
                 all
                 witnesses
                 may
                 be
                 taken
                 away
                 .
              
            
             
               
                 Court.
                 
              
               
                 Mr.
                 Peters
                 if
                 you
                 take
                 this
                 course
                 God
                 knows
                 when
                 this
                 business
                 will
                 end
                 ,
                 if
                 you
                 have
                 a
                 mind
                 take
                 pen
                 ,
                 ink
                 and
                 paper
                 ,
                 and
                 take
                 notes
                 of
                 the
                 witnesses
                 ,
                 and
                 make
                 exceptions
                 to
                 them
                 one
                 after
                 another
                 .
                 But
                 interrupting
                 one
                 and
                 so
                 another
                 ,
                 we
                 shall
                 never
                 have
                 done
                 .
              
            
             
               
                 Young.
                 
              
               
                 I
                 do
                 recollect
                 my self
                 of
                 some
                 other
                 conferences
                 between
                 us
                 ,
                 as
                 to
                 my
                 being
                 malicious
                 ,
                 I
                 know
                 he
                 never
                 did
                 me
                 any
                 wrong
                 ,
                 and
                 therefore
                 I
                 cannot
                 be
                 malicious
                 ,
                 and
                 as
                 for
                 my
                 reputation
                 ,
                 having
                 resided
                 two
                 years
                 in
                 London
                 ,
                 I
                 can
                 have
                 certificates
                 both
                 from
                 my
                 Countrey
                 ,
                 and
                 some
                 of
                 this
                 City
                 to
                 vindicate
                 me
                 in
                 that
                 particular
                 .
                 But
                 my
                 Lord
                 ,
                 that
                 which
                 I
                 would
                 inform
                 your
                 Lordship
                 is
                 this
                 ,
                 he
                 told
                 me
                 he
                 took
                 Duke
                 Hamilton
                 a
                 prisoner
                 himself
                 in
                 his
                 own
                 Chamber
                 ,
                 seized
                 on
                 his
                 goods
                 ,
                 and
                 took
                 his
                 George
                 and
                 Blue
                 ribband
                 off
                 his
                 shoulder
                 ,
                 and
                 this
                 George
                 he
                 shewed
                 me
                 .
              
            
             
               Wybert
               Gunter
               sworn
               .
            
             
               
                 Coun.
                 
              
               
                 Mr.
                 Gunter
                 what
                 can
                 you
                 say
                 concerning
                 a
                 meeting
                 and
                 consultation
                 at
                 the
                 Star
                 in
                 Colemanstreet
                 ?
              
            
             
               
                 Gunter
                 .
              
               
                 My
                 Lord
                 ,
                 I
                 was
                 a
                 Servant
                 at
                 the
                 Star
                 in
                 Coleman-street
                 with
                 one
                 Mr.
                 Hildesley
                 ,
                 that
                 house
                 was
                 a
                 house
                 where
                 
                   Oliver
                   Cromwel
                
                 and
                 several
                 of
                 that
                 party
                 did
                 use
                 to
                 meet
                 in
                 consultation
                 :
                 They
                 had
                 several
                 meetings
                 ,
                 I
                 do
                 remember
                 
                 very
                 well
                 one
                 among
                 the
                 rest
                 ,
                 in
                 particular
                 ,
                 that
                 Mr.
                 Peters
                 was
                 there
                 ,
                 he
                 came
                 in
                 ,
                 in
                 the
                 afternoon
                 about
                 four
                 a
                 clock
                 ,
                 and
                 was
                 there
                 till
                 ten
                 or
                 eleven
                 at
                 night
                 ,
                 I
                 being
                 but
                 a
                 Drawer
                 could
                 not
                 hear
                 much
                 of
                 the
                 discourse
                 ,
                 but
                 the
                 subject
                 was
                 tending
                 towards
                 the
                 King
                 after
                 he
                 was
                 a
                 prisoner
                 ,
                 for
                 they
                 called
                 him
                 by
                 the
                 name
                 of
                 
                   Charles
                   Stuart
                
                 :
                 I
                 heard
                 not
                 much
                 of
                 the
                 discourse
                 ,
                 they
                 were
                 writing
                 ,
                 but
                 what
                 I
                 know
                 not
                 :
                 but
                 I
                 guessed
                 it
                 to
                 be
                 something
                 drawn
                 up
                 against
                 the
                 King
                 ,
                 I
                 perceived
                 that
                 Mr.
                 Peters
                 was
                 privy
                 to
                 it
                 ,
                 and
                 pleasant
                 in
                 the
                 company
                 .
              
            
             
               
                 Court.
                 
              
               
                 How
                 old
                 were
                 you
                 at
                 that
                 time
                 ?
              
            
             
               
                 Gunter
                 .
              
               
                 I
                 am
                 now
                 thirty
                 years
                 the
                 last
                 Bartholomew
                 day
                 ,
                 and
                 this
                 was
                 in
                 1648.
                 
              
            
             
               
                 Court.
                 
              
               
                 How
                 long
                 before
                 the
                 King
                 was
                 put
                 to
                 death
                 ?
              
            
             
               
                 Gunter
                 .
              
               
                 A
                 good
                 while
                 ;
                 it
                 was
                 suddenly
                 ,
                 as
                 I
                 remember
                 ,
                 three
                 days
                 before
                 
                   Oliver
                   Cromwel
                
                 went
                 out
                 of
                 town
                 .
              
            
             
               
                 Peters
                 .
              
               
                 I
                 was
                 never
                 there
                 but
                 once
                 with
                 Mr.
                 
                   Nathanael
                   Fines
                
                 .
              
            
             
               
                 Coun.
                 
              
               
                 Was
                 Cromwel
                 there
                 ?
              
            
             
               
                 Gunter
                 .
              
               
                 Yes
                 .
              
            
             
               
                 Coun.
                 
              
               
                 Was
                 Mr.
                 Peters
                 there
                 any
                 oftner
                 than
                 once
                 ?
              
            
             
               
                 Gunter
                 .
              
               
                 I
                 know
                 not
                 ,
                 but
                 once
                 I
                 am
                 certain
                 of
                 it
                 ,
                 this
                 is
                 the
                 Gentleman
                 ,
                 for
                 then
                 he
                 wore
                 a
                 great
                 Sword.
                 
              
            
             
               
                 Peters
                 .
              
               
                 I
                 never
                 wore
                 a
                 great
                 Sword
                 in
                 my
                 life
                 .
              
            
             
               Mr.
               Starkey
               sworn
               .
            
             
               
                 Starkey
                 .
              
               
                 My
                 Lords
                 ,
                 in
                 the
                 month
                 of
                 December
                 before
                 the
                 King
                 died
                 ,
                 in
                 the
                 beginning
                 of
                 that
                 month
                 ,
                 and
                 so
                 towards
                 the
                 12.
                 of
                 January
                 following
                 ,
                 the
                 head
                 quarters
                 of
                 the
                 Army
                 were
                 at
                 Windsor
                 ,
                 and
                 Mr.
                 Ireton
                 that
                 is
                 dead
                 (
                 who
                 was
                 a
                 general
                 Officer
                 of
                 the
                 Army
                 was
                 quartered
                 in
                 my
                 fathers
                 house
                 there
                 ;
                 and
                 by
                 reason
                 of
                 his
                 long
                 residence
                 there
                 ,
                 being
                 about
                 two
                 months
                 (
                 his
                 wife
                 was
                 there
                 too
                 )
                 My
                 Lords
                 ,
                 this
                 Gentleman
                 Mr.
                 Peters
                 he
                 likewise
                 quartered
                 in
                 another
                 place
                 in
                 that
                 town
                 ,
                 and
                 Cromwel
                 himself
                 was
                 quartered
                 at
                 one
                 Mr.
                 Bakers
                 that
                 lay
                 low
                 in
                 the
                 town
                 ,
                 so
                 that
                 in
                 truth
                 ,
                 my
                 fathers
                 house
                 being
                 near
                 the
                 Castle
                 ,
                 and
                 there
                 being
                 in
                 it
                 a
                 large
                 room
                 ,
                 and
                 in
                 respect
                 that
                 Mr.
                 Ireton
                 was
                 quarter'd
                 there
                 ,
                 usually
                 the
                 Council
                 of
                 War
                 sate
                 there
                 :
                 My
                 Lords
                 ,
                 I
                 was
                 then
                 in
                 the
                 house
                 constantly
                 ,
                 besides
                 this
                 Council
                 of
                 War
                 
                 which
                 did
                 commonly
                 sit
                 there
                 ,
                 I
                 did
                 observe
                 that
                 
                   Cromwel
                   ,
                   Ireton
                
                 ,
                 and
                 this
                 Gentleman
                 Mr.
                 Peters
                 ,
                 and
                 one
                 Col.
                 Rich
                 ,
                 and
                 a
                 fifth
                 person
                 whose
                 name
                 I
                 have
                 forgot
                 ,
                 did
                 usually
                 meet
                 and
                 consult
                 together
                 ,
                 and
                 would
                 sit
                 up
                 till
                 two
                 or
                 three
                 of
                 clock
                 in
                 the
                 morning
                 very
                 privately
                 together
                 ,
                 this
                 was
                 their
                 usual
                 course
                 when
                 their
                 Council
                 of
                 War
                 sate
                 ,
                 Mr.
                 Ireton
                 came
                 in
                 to
                 supper
                 ,
                 but
                 went
                 out
                 again
                 .
                 There
                 were
                 guards
                 upon
                 them
                 .
                 After
                 this
                 time
                 it
                 happened
                 so
                 ,
                 that
                 I
                 was
                 often
                 in
                 Mr.
                 
                 Ireton's
                 company
                 ,
                 where
                 Mr.
                 Peters
                 coming
                 to
                 him
                 was
                 very
                 often
                 at
                 meals
                 there
                 ,
                 but
                 especially
                 at
                 nights
                 ,
                 by
                 occasion
                 of
                 that
                 .
              
               
                 Mr.
                 Ireton
                 being
                 civil
                 in
                 carriage
                 ,
                 would
                 usually
                 entertain
                 discourses
                 with
                 Mr.
                 Peters
                 ,
                 likewise
                 would
                 favour
                 me
                 sometimes
                 with
                 discourse
                 ;
                 and
                 in
                 that
                 discourse
                 ,
                 I
                 did
                 many
                 times
                 take
                 occasion
                 to
                 assert
                 the
                 laws
                 in
                 point
                 of
                 the
                 King
                 :
                 And
                 discoursing
                 about
                 the
                 King
                 as
                 being
                 a
                 capital
                 instrument
                 in
                 the
                 late
                 Inconveniences
                 ,
                 as
                 they
                 call'd
                 it
                 ,
                 in
                 the
                 times
                 of
                 the
                 war
                 ,
                 Mr.
                 Ireton
                 would
                 discourse
                 this
                 ordinarily
                 :
                 I
                 was
                 bold
                 to
                 tell
                 them
                 ,
                 that
                 the
                 person
                 of
                 the
                 K.
                 was
                 
                   solutus
                   legibus
                
                 ,
                 this
                 Gentleman
                 ,
                 the
                 Prisoner
                 at
                 the
                 Bar
                 ,
                 told
                 me
                 ,
                 It
                 was
                 an
                 unequal
                 law
                 .
                 I
                 did
                 observe
                 Mr.
                 Peters
                 ,
                 that
                 he
                 did
                 bend
                 his
                 discourse
                 not
                 by
                 way
                 of
                 argument
                 only
                 ,
                 but
                 in
                 point
                 of
                 resolution
                 of
                 judgement
                 fully
                 against
                 the
                 Person
                 and
                 Government
                 of
                 the
                 King.
                 I
                 remember
                 some
                 of
                 his
                 expressions
                 were
                 these
                 ,
                 That
                 he
                 was
                 a
                 Tyrant
                 ,
                 that
                 he
                 was
                 a
                 Fool
                 ,
                 that
                 he
                 was
                 
                   not
                   fit
                   to
                   be
                   a
                   K.
                
                 or
                 bear
                 that
                 office
                 ;
                 I
                 have
                 heard
                 him
                 say
                 ,
                 that
                 for
                 the
                 Office
                 it self
                 (
                 in
                 those
                 very
                 words
                 which
                 shortly
                 after
                 came
                 into
                 Print
                 )
                 that
                 it
                 was
                 a
                 
                   dangerous
                   ,
                   chargeable
                
                 and
                 useless
                 Office.
                 My
                 Lords
                 ,
                 the
                 constant
                 discourse
                 of
                 this
                 Gentleman
                 at
                 that
                 time
                 was
                 such
                 as
                 he
                 did
                 believe
                 would
                 never
                 be
                 called
                 into
                 question
                 ,
                 so
                 that
                 it
                 was
                 not
                 a
                 thing
                 that
                 a
                 man
                 was
                 necessitated
                 to
                 observe
                 by
                 an
                 accident
                 ,
                 but
                 it
                 was
                 their
                 full
                 and
                 whole
                 discourse
                 .
                 I
                 will
                 put
                 you
                 in
                 mind
                 of
                 a
                 particular
                 passage
                 ,
                 When
                 the
                 news
                 came
                 to
                 Windsor
                 ,
                 that
                 the
                 King
                 was
                 in
                 Prison
                 at
                 the
                 Isle
                 of
                 Wight
                 ,
                 my
                 father
                 whose
                 house
                 that
                 was
                 ,
                 was
                 very
                 much
                 troubled
                 at
                 it
                 ;
                 and
                 being
                 an
                 ancient
                 man
                 ,
                 was
                 not
                 able
                 to
                 controll
                 his
                 passions
                 with
                 reason
                 ,
                 told
                 my
                 mother
                 ,
                 that
                 they
                 (
                 meaning
                 Mr.
                 Ireton
                 ,
                 &c.
                 )
                 should
                 have
                 no
                 entertainment
                 there
                 ,
                 and
                 took
                 the
                 key
                 of
                 the
                 Celler
                 
                 and
                 put
                 it
                 in
                 his
                 pocket
                 ;
                 his
                 passions
                 being
                 lessened
                 ,
                 Mr.
                 Ireton
                 ,
                 his
                 wife
                 and
                 another
                 Officer
                 being
                 at
                 supper
                 ,
                 and
                 afterwards
                 my
                 father
                 said
                 Grace
                 ,
                 and
                 as
                 he
                 usually
                 did
                 ,
                 though
                 they
                 were
                 there
                 ,
                 he
                 said
                 that
                 usual
                 and
                 honest
                 expression
                 ,
                 praying
                 for
                 the
                 King
                 in
                 these
                 usual
                 words
                 ,
                 God
                 save
                 the
                 King
                 ,
                 Prince
                 ,
                 and
                 Realm
                 ;
                 sometimes
                 they
                 did
                 laugh
                 at
                 it
                 ,
                 but
                 never
                 did
                 reflect
                 upon
                 him
                 ,
                 but
                 this
                 night
                 he
                 made
                 this
                 expression
                 ,
                 God
                 save
                 the
                 Kings
                 most
                 excellent
                 Majesty
                 and
                 preserve
                 him
                 out
                 of
                 the
                 hands
                 of
                 all
                 his
                 enemies
                 :
                 Peters
                 who
                 was
                 then
                 at
                 the
                 Table
                 ,
                 turns
                 about
                 to
                 him
                 and
                 said
                 ,
                 Old
                 Gentleman
                 ,
                 your
                 Idol
                 will
                 not
                 stand
                 long
                 :
                 I
                 do
                 conceive
                 he
                 meant
                 it
                 of
                 the
                 King.
                 For
                 a
                 matter
                 of
                 two
                 months
                 of
                 the
                 constant
                 residence
                 and
                 being
                 of
                 the
                 Army
                 there
                 ,
                 I
                 did
                 observe
                 that
                 in
                 the
                 general
                 Council
                 there
                 ,
                 and
                 in
                 this
                 private
                 Cabal
                 (
                 after
                 the
                 business
                 was
                 broke
                 out
                 ,
                 and
                 when
                 the
                 King
                 was
                 taken
                 prisoner
                 and
                 carried
                 to
                 Windsor
                 )
                 Mr.
                 Peters
                 was
                 the
                 constant
                 man
                 :
                 and
                 when
                 the
                 business
                 broke
                 out
                 ,
                 I
                 looke
                 upon
                 it
                 in
                 reason
                 that
                 
                   Cromwel
                   ,
                   Ireton
                
                 ,
                 and
                 this
                 Gentleman
                 at
                 the
                 Bar
                 ,
                 and
                 Rich
                 ,
                 and
                 that
                 other
                 Gentleman
                 whose
                 name
                 I
                 have
                 forgot
                 ,
                 that
                 they
                 were
                 the
                 persons
                 that
                 did
                 the
                 business
                 .
                 My
                 Lords
                 ,
                 Mr.
                 Peters
                 he
                 continued
                 at
                 Windsor
                 ,
                 I
                 remember
                 very
                 well
                 ,
                 that
                 after
                 the
                 body
                 of
                 the
                 Army
                 ,
                 the
                 General
                 and
                 the
                 Officers
                 of
                 the
                 Army
                 were
                 gone
                 to
                 London
                 ,
                 he
                 continued
                 in
                 Windsor
                 :
                 I
                 remember
                 a
                 passage
                 of
                 one
                 Bacon
                 who
                 was
                 a
                 Sectary
                 ,
                 Mr.
                 Peters
                 being
                 in
                 discourse
                 of
                 the
                 King
                 ,
                 Mr.
                 Bacon
                 took
                 great
                 distaste
                 at
                 Mr.
                 Peters
                 for
                 some
                 affront
                 put
                 on
                 the
                 K.
                 Mr.
                 Peters
                 falls
                 upon
                 him
                 and
                 rails
                 at
                 him
                 ,
                 and
                 was
                 ready
                 to
                 beat
                 him
                 :
                 we
                 understood
                 it
                 so
                 ,
                 because
                 he
                 did
                 tell
                 him
                 of
                 his
                 affronting
                 the
                 King.
                 
              
            
             
               
                 Coun.
                 
              
               
                 Mr.
                 Peters
                 ,
                 if
                 you
                 have
                 any
                 thing
                 to
                 ask
                 this
                 Witness
                 ,
                 you
                 may
                 .
              
            
             
               
                 Peters
                 .
              
               
                 I
                 have
                 many
                 things
                 to
                 ask
                 him
                 .
                 Did
                 I
                 ever
                 lye
                 there
                 ?
              
            
             
               
                 Starky
                 .
              
               
                 No.
                 
              
            
             
               
                 Pet.
                 
              
               
                 Did
                 you
                 see
                 me
                 there
                 at
                 three
                 of
                 the
                 clock
                 in
                 the
                 morning
                 ?
              
            
             
               
                 Starky
                 .
              
               
                 I
                 have
                 seen
                 you
                 go
                 up
                 at
                 ten
                 a
                 clock
                 at
                 night
                 to
                 Mr.
                 
                 Ireton's
                 chamber
                 ,
                 and
                 sometimes
                 I
                 understood
                 you
                 did
                 not
                 go
                 away
                 till
                 four
                 a
                 clock
                 in
                 the
                 morning
                 ;
                 I
                 went
                 to
                 bed
                 ,
                 it
                 's
                 true
                 ,
                 but
                 I
                 understood
                 it
                 so
                 .
              
               
                 
                 Thomas
                 Walkeley
                 sworn
                 .
              
            
             
               
                 Coun.
                 
              
               
                 Give
                 your
                 testimony
                 what
                 consultations
                 you
                 have
                 had
                 with
                 the
                 Prisoner
                 at
                 the
                 Bar.
                 
              
            
             
               
                 Walkeley
                 .
              
               
                 I
                 came
                 out
                 of
                 Essex
                 in
                 at
                 Aldgate
                 ,
                 just
                 as
                 I
                 came
                 in
                 ,
                 a
                 Proclamation
                 was
                 read
                 for
                 Tryal
                 of
                 his
                 late
                 Majesty
                 ,
                 I
                 went
                 down
                 the
                 next
                 day
                 to
                 the
                 Painted
                 Chamber
                 at
                 Westminster
                 ,
                 where
                 I
                 saw
                 
                   Oliver
                   Cromwel
                   ,
                   John
                   Goodwin
                
                 and
                 Peters
                 and
                 others
                 ;
                 
                   John
                   Goodwin
                
                 sate
                 in
                 the
                 middle
                 of
                 the
                 Table
                 ,
                 and
                 he
                 made
                 a
                 long
                 speech
                 or
                 prayer
                 ,
                 I
                 know
                 not
                 whether
                 ,
                 but
                 
                   Mr.
                   Peters
                
                 stood
                 there
                 :
                 after
                 
                   John
                   Goodwin
                
                 had
                 done
                 his
                 prayer
                 ,
                 it
                 was
                 desired
                 that
                 strangers
                 might
                 avoid
                 the
                 room
                 (
                 then
                 came
                 up
                 Cook
                 ,
                 and
                 Dorislaus
                 ,
                 and
                 Humphreys
                 ,
                 and
                 Ask
                 ,
                 and
                 Dendy
                 ,
                 and
                 several
                 others
                 ,
                 and
                 stood
                 by
                 Bradshaw
                 at
                 the
                 upper
                 end
                 of
                 the
                 Table
                 )
                 But
                 Cromwel
                 stood
                 up
                 and
                 told
                 them
                 it
                 was
                 not
                 necessary
                 that
                 the
                 people
                 should
                 go
                 out
                 ,
                 but
                 that
                 was
                 overruled
                 ,
                 and
                 so
                 I
                 went
                 out
                 and
                 stayed
                 their
                 rising
                 ,
                 and
                 saw
                 this
                 Gentleman
                 Mr.
                 Peters
                 come
                 out
                 with
                 them
                 .
                 After
                 that
                 ,
                 when
                 the
                 King
                 was
                 brought
                 to
                 Town
                 a
                 prisoner
                 ,
                 the
                 Lord
                 Carew
                 ,
                 a
                 very
                 honourable
                 person
                 ,
                 meeting
                 with
                 me
                 ,
                 saith
                 he
                 ,
                 Walkely
                 ,
                 if
                 you
                 will
                 see
                 your
                 old
                 Master
                 ,
                 go
                 now
                 ,
                 or
                 else
                 it
                 may
                 be
                 you
                 will
                 never
                 see
                 him
                 .
                 Where
                 is
                 he
                 my
                 Lord
                 ?
                 said
                 I
                 ,
                 saith
                 he
                 ,
                 he
                 is
                 coming
                 on
                 this
                 side
                 Brainford
                 .
                 I
                 went
                 to
                 the
                 farther
                 end
                 of
                 
                   St.
                   James
                
                 Corner
                 ,
                 and
                 there
                 I
                 met
                 some
                 of
                 the
                 Army
                 coming
                 ,
                 and
                 then
                 I
                 saw
                 his
                 Majesty
                 in
                 his
                 Coach
                 with
                 six
                 horses
                 ,
                 and
                 Peters
                 like
                 Bishop
                 Almoner
                 riding
                 before
                 the
                 King
                 triumphing
                 ,
                 then
                 after
                 that
                 ,
                 in
                 
                   St.
                   James
                   Park
                
                 ,
                 I
                 saw
                 Peters
                 marshalling
                 the
                 Souldiers
                 ,
                 and
                 I
                 was
                 forced
                 to
                 go
                 about
                 .
                 My
                 Lord
                 ,
                 this
                 is
                 all
                 I
                 can
                 say
                 concerning
                 that
                 ,
                 I
                 remember
                 one
                 thing
                 further
                 of
                 him
                 ,
                 I
                 heard
                 him
                 in
                 Westminster-Hall
                 say
                 ,
                 within
                 a
                 year
                 or
                 two
                 after
                 the
                 Army
                 was
                 raised
                 ,
                 
                   If
                   we
                   can
                   keep
                   up
                   our
                   Army
                   but
                   seven
                   years
                   longer
                   ,
                   we
                   need
                   not
                   care
                   for
                   the
                   King
                   and
                   all
                   his
                   posterity
                   .
                
              
            
             
               Mr.
               Proctor
               sworn
               .
            
             
               
                 Pr.
                 
              
               
                 I
                 having
                 occasion
                 to
                 go
                 from
                 London
                 to
                 Windsor
                 ,
                 the
                 day
                 that
                 the
                 King
                 was
                 brought
                 from
                 thence
                 a
                 prisoner
                 ,
                 a
                 little
                 on
                 this
                 side
                 Brainford
                 ,
                 I
                 saw
                 great
                 Troops
                 of
                 horse
                 ,
                 I
                 did
                 
                 conceive
                 what
                 the
                 cause
                 was
                 ,
                 having
                 heard
                 the
                 King
                 was
                 to
                 be
                 brought
                 up
                 to
                 his
                 Tryal
                 ,
                 after
                 I
                 had
                 passed
                 some
                 number
                 of
                 horses
                 ,
                 at
                 last
                 I
                 espied
                 the
                 Prisoner
                 at
                 the
                 Bar
                 immediately
                 before
                 the
                 Kings
                 Coach
                 ,
                 singly
                 riding
                 before
                 the
                 Coach-horses
                 ,
                 and
                 the
                 King
                 sitting
                 alone
                 in
                 the
                 Coach.
                 My
                 Lord
                 ,
                 I
                 did
                 put
                 off
                 my
                 hat
                 ,
                 and
                 he
                 was
                 graciously
                 pleased
                 to
                 put
                 off
                 his
                 hat
                 ,
                 the
                 Troopers
                 seeing
                 this
                 ,
                 they
                 threw
                 me
                 into
                 the
                 ditch
                 horse
                 and
                 all
                 ,
                 where
                 I
                 stayed
                 till
                 they
                 passed
                 by
                 ,
                 and
                 was
                 glad
                 I
                 escaped
                 so
                 .
              
            
             
               Hardwick
               Sworn
               .
            
             
               
                 Coun.
                 
              
               
                 When
                 the
                 Proclamation
                 was
                 read
                 in
                 
                 Westminster-hall
                 for
                 tryal
                 of
                 the
                 King
                 ,
                 did
                 you
                 see
                 Mr.
                 Peters
                 there
                 ?
              
            
             
               
                 Hard.
                 
              
               
                 I
                 was
                 in
                 the
                 Hall
                 when
                 that
                 ugly
                 Proclamation
                 was
                 Proclaimed
                 ,
                 where
                 I
                 saw
                 
                   Dendy
                   ,
                   King
                
                 ,
                 and
                 that
                 Gentleman
                 the
                 Prisoner
                 at
                 the
                 Bar
                 in
                 the
                 hall
                 ;
                 After
                 the
                 Proclamation
                 was
                 proclaimed
                 ,
                 the
                 prisoner
                 at
                 the
                 Bar
                 came
                 out
                 into
                 the
                 Palace-yard
                 and
                 told
                 them
                 ,
                 
                   Gent.
                   saith
                   he
                   ,
                   (
                   a
                   great
                   many
                   Officers
                   Soldiers
                   being
                   there
                   )
                   all
                   this
                   is
                   worth
                   nothing
                   unless
                   you
                   proclaim
                   it
                   in
                   Cheapside
                   ,
                   and
                   at
                   the
                   Old
                   Exchange
                   .
                
              
            
             
               
                 Councel
                 .
              
               
                 Explain
                 your self
                 ,
                 what
                 Proclamation
                 do
                 you
                 mean
                 ?
              
            
             
               
                 Har.
                 
              
               
                 The
                 Proclamation
                 for
                 the
                 High
                 Court
                 of
                 Justice
                 .
              
            
             
               Holland
               Simson
               Sworn
               .
            
             
               
                 Coun.
                 
              
               
                 What
                 do
                 you
                 know
                 concerning
                 the
                 prisoner
                 at
                 the
                 Bar
                 ?
              
            
             
               
                 Simson
                 .
              
               
                 I
                 do
                 know
                 Mr.
                 Peters
                 very
                 well
                 ,
                 I
                 have
                 known
                 him
                 these
                 12.
                 or
                 13.
                 years
                 .
                 When
                 the
                 High
                 Court
                 of
                 Justice
                 was
                 sitting
                 ,
                 both
                 in
                 the
                 Court
                 aud
                 Painted
                 Chamber
                 I
                 saw
                 this
                 Gentleman
                 in
                 consultation
                 there
                 ,
                 and
                 at
                 several
                 other
                 places
                 ,
                 at
                 Sr.
                 
                   Will.
                   Breretons
                
                 ,
                 and
                 other
                 where
                 .
              
            
             
               
                 Coun.
                 
              
               
                 Did
                 you
                 see
                 him
                 at
                 the
                 Tryal
                 ?
              
            
             
               
                 Simson
                 .
              
               
                 I
                 saw
                 him
                 but
                 not
                 as
                 a
                 Judge
                 .
                 There
                 was
                 one
                 day
                 in
                 the
                 Hall
                 Coll.
                 Stubbards
                 ,
                 who
                 was
                 Adjutant
                 General
                 (
                 he
                 was
                 a
                 very
                 busie
                 man
                 )
                 and
                 Coll.
                 Axtel
                 .
                 Mr.
                 Peters
                 going
                 down
                 the
                 stairs
                 ,
                 comes
                 to
                 him
                 and
                 bids
                 Stubbards
                 to
                 command
                 the
                 Souldiers
                 to
                 cry
                 out
                 
                   Justice
                   ,
                   Justice
                   ,
                   against
                   the
                   Traytor
                   at
                   the
                
                 〈◊〉
                 .
              
            
             
               
                 Coun.
                 
              
               
                 Who
                 did
                 he
                 mean
                 ?
              
            
             
               
               
                 Sim.
                 
              
               
                 The
                 King
                 was
                 at
                 the
                 Bar
                 at
                 the
                 same
                 time
                 ,
                 whereupon
                 my
                 Lord
                 ,
                 the
                 Souldiers
                 did
                 cry
                 out
                 upon
                 the
                 same
                 ,
                 and
                 as
                 the
                 King
                 was
                 taken
                 away
                 to
                 Sr.
                 
                   Robert
                   Cottons
                
                 ,
                 some
                 of
                 them
                 spit
                 in
                 the
                 Kings
                 face
                 ,
                 but
                 he
                 took
                 his
                 handkerchief
                 ,
                 wiped
                 it
                 off
                 and
                 smiled
                 .
              
            
             
               
                 Peters
                 .
              
               
                 I
                 do
                 not
                 know
                 this
                 Gentleman
                 ,
                 did
                 he
                 ever
                 see
                 me
                 ?
              
            
             
               
                 Sim.
                 
              
               
                 Yes
                 ,
                 divers
                 times
                 in
                 the
                 Painted
                 Chamber
                 ,
                 at
                 Sir
                 
                   William
                   Breretons
                
                 ,
                 at
                 the
                 Deanery
                 ,
                 in
                 consultation
                 with
                 Bradshaw
                 ,
                 and
                 you
                 were
                 admitted
                 and
                 no
                 man
                 else
                 as
                 I
                 know
                 ,
                 unless
                 Sir
                 
                   Will.
                   Brereton
                
                 who
                 came
                 along
                 with
                 you
                 .
              
            
             
               Thomas
               Richardson
               Sworn
               .
            
             
               
                 Richardson
                 .
              
               
                 My
                 Lords
                 ,
                 the
                 first
                 day
                 that
                 this
                 Court
                 of
                 Justice
                 (
                 as
                 they
                 called
                 it
                 )
                 did
                 adjourn
                 ,
                 I
                 went
                 up
                 into
                 the
                 Court
                 ,
                 and
                 I
                 saw
                 the
                 Prisoner
                 at
                 the
                 Bar
                 with
                 some
                 more
                 standing
                 in
                 the
                 Court
                 ,
                 and
                 I
                 came
                 and
                 stood
                 close
                 by
                 him
                 ,
                 and
                 some
                 with
                 him
                 whom
                 I
                 did
                 not
                 know
                 ,
                 I
                 heard
                 him
                 commend
                 Bradshaw
                 ,
                 the
                 carriage
                 of
                 him
                 in
                 the
                 tryal
                 of
                 the
                 King
                 ,
                 and
                 another
                 Cooks
                 carriage
                 :
                 to
                 be
                 short
                 ,
                 Mr.
                 Peters
                 holding
                 up
                 his
                 hands
                 ,
                 said
                 ,
                 
                   this
                   is
                   a
                   most
                   glorious
                   beginning
                   of
                   the
                   work
                   .
                
              
            
             
               Sir
               
                 Jeremy
                 Whitchcot
              
               Sworn
               .
            
             
               
                 Wh.
                 
              
               
                 My
                 Lords
                 ,
                 I
                 have
                 by
                 accident
                 ,
                 not
                 by
                 choice
                 been
                 several
                 times
                 in
                 Mr.
                 Peters
                 company
                 ,
                 truly
                 I
                 have
                 heard
                 him
                 speak
                 very
                 scurrilously
                 of
                 the
                 King
                 ,
                 amongst
                 the
                 rest
                 ,
                 he
                 was
                 making
                 some
                 kind
                 of
                 Narration
                 of
                 Cromwel
                 making
                 an
                 escape
                 ,
                 and
                 that
                 he
                 was
                 intended
                 to
                 be
                 surprised
                 ,
                 
                   that
                   if
                   he
                   had
                   not
                   presently
                   gone
                   away
                   ,
                   he
                   had
                   been
                   clapt
                   up
                   in
                   the
                   Tower
                   ,
                   and
                   declared
                   a
                   Traytor
                   ,
                   he
                   said
                   there
                   was
                   a
                   meeting
                   of
                   the
                   Officers
                   of
                   the
                   Army
                   ,
                   where
                   he
                   used
                   this
                   expression
                   ▪
                   And
                   th●●
                   we
                   did
                   resolve
                   to
                   set
                   aside
                   the
                   King.
                
                 My
                 Lord
                 ,
                 after
                 this
                 (
                 it
                 was
                 at
                 another
                 time
                 )
                 he
                 was
                 speaking
                 of
                 that
                 which
                 they
                 called
                 the
                 High
                 Court
                 of
                 Justice
                 ,
                 and
                 I
                 do
                 very
                 well
                 remember
                 this
                 was
                 his
                 expression
                 of
                 it
                 ,
                 I
                 cannot
                 but
                 look
                 upon
                 this
                 Court
                 with
                 a
                 great
                 reverence
                 ,
                 for
                 it
                 doth
                 resemble
                 in
                 some
                 measure
                 the
                 tryal
                 that
                 shall
                 be
                 at
                 the
                 end
                 of
                 the
                 world
                 by
                 the
                 Sts.
                 This
                 is
                 all
                 that
                 I
                 perfectly
                 remember
                 .
                 It
                 was
                 a
                 great
                 while
                 ago
                 ,
                 I
                 cannot
                 speak
                 more
                 punctually
                 ,
                 I
                 have
                 seldom
                 heard
                 〈◊〉
                 speak
                 of
                 the
                 K.
                 but
                 of
                 the
                 Tyrant
                 .
                 I
                 remember
                 one
                 time
                 he
                 wa●
                 
                 saying
                 he
                 would
                 have
                 preached
                 before
                 the
                 King
                 ,
                 but
                 said
                 he
                 ,
                 
                   the
                   poor
                   wretch
                   would
                   not
                   hear
                   me
                   .
                
              
            
             
               Rich.
               Nunnelly
               Sworn
               .
            
             
               
                 Coun.
                 
              
               
                 Was
                 Peters
                 upon
                 the
                 Scaffold
                 at
                 the
                 time
                 of
                 Execution
                 or
                 before
                 ?
              
            
             
               
                 Nun.
                 
              
               
                 On
                 that
                 unhappy
                 day
                 30.
                 
                 Jan.
                 1648.
                 this
                 
                   Hugh
                   Peters
                
                 came
                 an
                 hour
                 before
                 the
                 King
                 came
                 to
                 Whitehall
                 ;
                 I
                 came
                 with
                 a
                 warrant
                 of
                 40.
                 or
                 50000.l
                 .
                 to
                 
                   Oliver
                   Cromwel
                
                 being
                 door-keeper
                 to
                 the
                 Committee
                 of
                 the
                 Army
                 ,
                 Nunnelly
                 ,
                 sayes
                 
                   Oliver
                   Cromwel
                
                 ,
                 will
                 you
                 go
                 to
                 Whitehall
                 ?
                 Surely
                 you
                 will
                 see
                 the
                 Beheading
                 of
                 the
                 King
                 ,
                 and
                 he
                 let
                 me
                 into
                 Whitehall
                 :
                 coming
                 into
                 the
                 boarded
                 Gallery
                 ,
                 I
                 met
                 
                   Hugh
                   Peters
                
                 ,
                 and
                 he
                 was
                 in
                 the
                 Gallery
                 ,
                 and
                 then
                 I
                 got
                 with
                 
                   H.
                   Peters
                
                 into
                 the
                 Banqueting-house
                 ,
                 being
                 there
                 ,
                 
                   Hugh
                   Peters
                
                 met
                 one
                 Tench
                 of
                 Hounsditch
                 that
                 was
                 a
                 Joyner
                 ,
                 meeting
                 him
                 ,
                 he
                 speaks
                 to
                 him
                 and
                 whispers
                 in
                 his
                 ear
                 and
                 told
                 him
                 somewhat
                 ,
                 I
                 do
                 not
                 know
                 what
                 it
                 was
                 ,
                 but
                 Tench
                 presently
                 went
                 and
                 knocked
                 four
                 staples
                 upon
                 the
                 Scaffold
                 ,
                 I
                 meeting
                 Tench
                 again
                 ,
                 what
                 art
                 thou
                 doing
                 said
                 I
                 ?
                 what
                 will
                 you
                 turn
                 hangman
                 ?
                 saies
                 he
                 ,
                 this
                 day
                 will
                 be
                 a
                 happy
                 day
                 ;
                 said
                 I
                 ,
                 pray
                 God
                 send
                 it
                 be
                 not
                 a
                 bloody
                 day
                 ,
                 upon
                 that
                 
                   H.
                   Peters
                
                 went
                 upon
                 the
                 Scaffold
                 just
                 an
                 hour
                 before
                 the
                 King
                 came
                 ,
                 and
                 then
                 he
                 went
                 off
                 again
                 ,
                 I
                 watched
                 at
                 the
                 window
                 ,
                 when
                 the
                 Kings
                 head
                 was
                 cut
                 off
                 ,
                 and
                 afterwards
                 I
                 saw
                 the
                 Vizards
                 going
                 into
                 a
                 Chamber
                 there
                 ,
                 about
                 an
                 hour
                 afterwards
                 (
                 I
                 staying
                 there
                 at
                 the
                 Door
                 )
                 there
                 comes
                 
                   H.
                   Peters
                
                 in
                 his
                 black
                 Cloak
                 and
                 broad
                 Hat
                 out
                 of
                 that
                 Chamber
                 (
                 as
                 I
                 take
                 it
                 )
                 with
                 the
                 Hangman
                 ,
                 I
                 am
                 sure
                 I
                 did
                 see
                 him
                 go
                 along
                 with
                 the
                 Hangman
                 to
                 take
                 water
                 ;
                 this
                 is
                 all
                 I
                 can
                 remember
                 ,
                 it
                 being
                 many
                 years
                 since
                 .
              
            
             
               
                 Peters
                 .
              
               
                 I
                 humbly
                 beg
                 I
                 may
                 be
                 heard
                 in
                 this
                 case
                 ,
                 I
                 have
                 here
                 a
                 witness
                 ,
                 and
                 I
                 desire
                 he
                 may
                 be
                 examined
                 ;
                 it
                 is
                 noised
                 I
                 was
                 upon
                 the
                 Scaffold
                 ,
                 I
                 here
                 call
                 God
                 to
                 witness
                 ,
                 I
                 was
                 not
                 out
                 of
                 〈◊〉
                 Chamber
                 that
                 day
                 ,
                 I
                 was
                 sick
                 that
                 day
                 ,
                 I
                 speak
                 in
                 the
                 presence
                 of
                 the
                 Lord.
                 
              
            
             
               
                 Court.
                 
              
               
                 If
                 your
                 witness
                 will
                 stay
                 he
                 shall
                 be
                 heard
                 ,
                 there
                 〈◊〉
                 more
                 witnesses
                 to
                 the
                 same
                 thing
                 ,
                 and
                 so
                 he
                 may
                 speak
                 〈◊〉
                 all
                 together
                 .
              
            
             
               
               Dr.
               Mortimer
               Sworn
               .
            
             
               
                 Mortimer
                 .
              
               
                 Me
                 Lar
                 ,
                 me
                 ha
                 serd
                 de
                 King
                 ,
                 &c.
                 
              
            
             
               
                 Court.
                 
              
               
                 We
                 cannot
                 understand
                 a
                 word
                 .
              
            
             
               
                 Coun.
                 
              
               
                 He
                 is
                 a
                 Frenchman
                 ,
                 my
                 Lord.
                 
              
            
             
               
                 Court.
                 
              
               
                 Pray
                 let
                 there
                 be
                 an
                 interpreter
                 .
              
            
             
               One
               Mr.
               Young
               was
               sworn
               to
               interpret
               truly
               his
               evidence
               .
               But
               it
               being
               afterwards
               found
               difficult
               and
               troublesome
               ,
               the
               Councel
               waved
               his
               evidence
               ,
               and
               prayed
               another
               witness
               might
               be
               called
               .
            
             
               
                 Dr.
                 Mortimer
                 .
              
               
                 Me
                 Lar
                 ,
                 me
                 can
                 peak
                 Englis
                 —
              
            
             
               
                 Coun.
                 
              
               
                 No
                 ,
                 no
                 ,
                 pray
                 sit
                 down
                 ,
                 we
                 will
                 examine
                 other
                 witnesses
                 ,
                 call
                 
                   Stephen
                   Clough
                
                 .
              
            
             
               Stephen
               Clough
               Sworn
               .
            
             
               
                 Coun.
                 
              
               
                 What
                 do
                 you
                 know
                 of
                 
                   H.
                   Peters
                
                 ?
              
            
             
               
                 Clough
                 .
              
               
                 My
                 Lords
                 and
                 Gentlemen
                 of
                 the
                 Jury
                 ,
                 in
                 1648.
                 
                 I
                 heard
                 of
                 a
                 meeting
                 of
                 the
                 Councel
                 of
                 Officers
                 at
                 Westminster
                 ,
                 I
                 think
                 in
                 the
                 Painted
                 Chamber
                 ,
                 and
                 I
                 willing
                 (
                 my
                 Lord
                 )
                 to
                 hear
                 what
                 their
                 consultations
                 were
                 ,
                 I
                 went
                 thither
                 ,
                 and
                 was
                 there
                 as
                 one
                 of
                 them
                 ,
                 (
                 but
                 I
                 was
                 not
                 one
                 ,
                 )
                 amongst
                 the
                 rest
                 
                   H.
                   Peters
                
                 was
                 one
                 ,
                 when
                 the
                 room
                 was
                 pretty
                 full
                 the
                 door
                 was
                 shut
                 ,
                 Mr.
                 Peters
                 desired
                 to
                 call
                 for
                 a
                 blessing
                 upon
                 their
                 business
                 ,
                 in
                 his
                 prayer
                 he
                 uttered
                 these
                 words
                 ,
                 O
                 Lord
                 ,
                 (
                 saith
                 he
                 )
                 what
                 a
                 mercy
                 it
                 is
                 to
                 see
                 this
                 great
                 City
                 fall
                 down
                 before
                 us
                 ;
                 and
                 what
                 a
                 stir
                 is
                 there
                 to
                 bring
                 this
                 great
                 man
                 to
                 tryal
                 ,
                 without
                 whose
                 blood
                 he
                 will
                 turn
                 us
                 all
                 into
                 blood
                 if
                 he
                 reign
                 again
                 !
              
            
             
               
                 Peters
                 .
              
               
                 What
                 day
                 was
                 this
                 ?
              
            
             
               
                 Clough
                 .
              
               
                 It
                 was
                 about
                 three
                 weeks
                 or
                 a
                 month
                 before
                 the
                 King
                 dyed
                 .
              
            
             
               
                 Peters
                 .
              
               
                 Where
                 was
                 this
                 ?
              
            
             
               
                 Clough
                 .
              
               
                 In
                 the
                 Painted
                 Chamber
                 .
              
            
             
               
                 Peters
                 .
              
               
                 You
                 have
                 been
                 very
                 bold
                 .
              
            
             
               
                 Clough
                 .
              
               
                 I
                 speak
                 upon
                 my
                 Oath
                 .
              
            
             
               
                 Peters
                 .
              
               
                 How
                 long
                 was
                 this
                 ago
                 ?
              
            
             
               
                 Clough
                 .
              
               
                 In
                 1648.
                 
              
            
             
               
                 Peters
                 .
              
               
                 How
                 many
                 years
                 since
                 is
                 that
                 ?
              
            
             
               
                 Clough
                 .
              
               
                 You
                 know
                 your self
                 sure
                 how
                 many
                 years
                 since
                 1648.
                 
              
            
             
               
                 Peters
                 .
              
               
                 How
                 long
                 before
                 the
                 King
                 dyed
                 do
                 you
                 say
                 ?
              
            
             
               
               
                 Clough
                 .
              
               
                 About
                 three
                 weeks
                 or
                 a
                 month
                 before
                 the
                 King
                 was
                 murdered
                 .
              
            
             
               
                 Coun.
                 
              
               
                 We
                 shall
                 call
                 a
                 witness
                 to
                 prove
                 ,
                 that
                 in
                 Decemb.
                 1648.
                 there
                 was
                 a
                 solemn
                 Fast
                 appointed
                 to
                 seek
                 God
                 in
                 what
                 they
                 were
                 about
                 ,
                 and
                 Mr.
                 Peters
                 was
                 appointed
                 to
                 preach
                 before
                 them
                 .
              
            
             
               Mr.
               Beaver
               Sworn
               .
            
             
               
                 Mr.
                 Beavers
                 Evidence
                 .
              
               
                 My
                 Lord
                 ,
                 and
                 you
                 ,
                 Gentlemen
                 of
                 the
                 Jury
                 ,
                 upon
                 a
                 day
                 that
                 was
                 appointed
                 for
                 a
                 Fast
                 for
                 those
                 that
                 sate
                 then
                 as
                 a
                 Parliament
                 ,
                 I
                 went
                 to
                 Westminster
                 to
                 find
                 out
                 some
                 company
                 to
                 dine
                 with
                 me
                 ,
                 and
                 having
                 walked
                 bout
                 an
                 hour
                 in
                 
                 Westminster-Hall
                 ,
                 and
                 finding
                 none
                 of
                 my
                 friends
                 to
                 dine
                 with
                 me
                 ,
                 I
                 went
                 to
                 that
                 place
                 called
                 Heaven
                 and
                 dined
                 there
                 ;
                 after
                 I
                 had
                 dined
                 ,
                 I
                 passed
                 through
                 St.
                 Margarets
                 Church-yard
                 to
                 go
                 home
                 again
                 ,
                 (
                 I
                 lay
                 in
                 the
                 
                   Strand
                   ,
                
                 )
                 I
                 perceived
                 all
                 the
                 Church-yard
                 full
                 of
                 Muskets
                 and
                 Pikes
                 upon
                 the
                 ground
                 ,
                 and
                 asked
                 some
                 Souldiers
                 that
                 were
                 there
                 ,
                 what
                 was
                 the
                 business
                 ?
                 they
                 told
                 me
                 they
                 were
                 guarding
                 the
                 Parliament
                 that
                 were
                 keeping
                 a
                 Fast
                 at
                 St.
                 Margarets
                 ;
                 who
                 preaches
                 said
                 I
                 ?
                 they
                 told
                 me
                 Mr.
                 Peters
                 is
                 just
                 now
                 gone
                 up
                 into
                 the
                 Pulpit
                 ,
                 said
                 I
                 ,
                 I
                 must
                 needs
                 have
                 the
                 curiosity
                 to
                 hear
                 that
                 man
                 ,
                 having
                 heard
                 many
                 stories
                 of
                 the
                 manner
                 of
                 his
                 preaching
                 ,
                 (
                 God
                 knows
                 I
                 did
                 not
                 do
                 it
                 out
                 of
                 any
                 manner
                 of
                 devotion
                 )
                 I
                 crouded
                 near
                 the
                 Pulpit
                 ,
                 and
                 came
                 near
                 the
                 Speakers
                 Pew
                 ,
                 and
                 I
                 saw
                 a
                 great
                 many
                 of
                 the
                 Members
                 there
                 ,
                 whom
                 I
                 knew
                 well
                 :
                 I
                 could
                 not
                 guess
                 what
                 his
                 Text
                 might
                 be
                 ,
                 but
                 hearing
                 him
                 talk
                 much
                 of
                 Barabbas
                 and
                 our
                 Saviour
                 ,
                 and
                 insisting
                 altogether
                 upon
                 that
                 ,
                 I
                 guessed
                 his
                 Text
                 was
                 that
                 passage
                 ,
                 wherein
                 the
                 Jews
                 did
                 desire
                 the
                 release
                 of
                 Barabbas
                 and
                 crucifying
                 of
                 Christ
                 ;
                 and
                 so
                 it
                 proved
                 ,
                 the
                 first
                 thing
                 I
                 heard
                 him
                 say
                 was
                 ,
                 
                   it
                   is
                   a
                   very
                   sad
                   thing
                   that
                   this
                   should
                   be
                   a
                   question
                   amongst
                   us
                   ,
                   as
                   among
                   the
                   old
                
                 Jews
                 ,
                 
                   whether
                   our
                   Saviour
                   Jesus
                   Christ
                   must
                   be
                   crucified
                   or
                   that
                
                 Barabbas
                 
                   should
                   be
                   released
                   ,
                   the
                   oppressor
                   of
                   the
                   people
                   :
                   O
                   Jesus
                   ,
                
                 said
                 he
                 ,
                 
                   where
                   are
                   we
                   ,
                   that
                   that
                   should
                   be
                   a
                   question
                   amongst
                   us
                   ?
                
                 saies
                 he
                 ,
                 
                   And
                   because
                   that
                   you
                   should
                   think
                   my
                   Lords
                   and
                   Gentlemen
                   ,
                   that
                   it
                   is
                   a
                   question
                   ,
                   I
                   will
                   tell
                   you
                   it
                   is
                   a
                   question
                   ;
                   I
                   have
                   been
                   in
                   the
                   City
                   ,
                   which
                   may
                   very
                   well
                   be
                   compared
                   
                   to
                
                 Hierusalem
                 
                   in
                   this
                   conjuncture
                   of
                   time
                   ,
                   and
                   I
                   profess
                   those
                   foolish
                   Citizens
                   for
                   a
                   little
                   trading
                   ,
                   and
                   profit
                   ,
                   they
                   will
                   have
                
                 Christ
                 (
                 pointing
                 to
                 the
                 Redcoats
                 on
                 the
                 Pulpit
                 stairs
                 )
                 
                   crucified
                   ,
                   and
                   that
                   great
                
                 Barabbas
                 at
                 Windsor
                 released
                 ,
                 sayes
                 he
                 ,
                 
                   but
                   I
                   do
                   not
                   much
                   heed
                   what
                   the
                   rabble
                   sayes
                   :
                   I
                   hope
                   ,
                
                 sayes
                 he
                 ,
                 
                   that
                   my
                   brethren
                   of
                   the
                   Clergy
                   will
                   be
                   wiser
                   ,
                   the
                   lips
                   of
                   the
                   Priests
                   do
                   use
                   to
                   preserve
                   knowledge
                   ,
                   I
                   have
                   been
                   with
                   them
                   too
                   in
                   the
                   Assembly
                   ,
                   and
                   having
                   seen
                   and
                   heard
                   what
                   they
                   said
                   ,
                   I
                   perceive
                   they
                   are
                   for
                   crucifying
                   of
                   Christ
                   and
                   releasing
                   of
                
                 Barabbas
                 ,
                 
                   O
                   Jesus
                   ,
                   what
                   shall
                   we
                   do
                   now
                   ?
                
                 with
                 such
                 like
                 strange
                 expressions
                 ,
                 and
                 shrugging
                 of
                 his
                 shoulders
                 in
                 the
                 Pulpit
                 .
              
            
             
               
                 Councel
                 .
              
               
                 How
                 long
                 was
                 this
                 before
                 the
                 King
                 was
                 murdered
                 ?
              
            
             
               
                 —
                 It
                 was
                 a
                 few
                 dayes
                 before
                 the
                 house
                 of
                 Commons
                 made
                 that
                 thing
                 called
                 An
                 Act
                 for
                 his
                 Tryal
                 .
              
            
             
               
                 Coun.
                 
              
               
                 What
                 did
                 he
                 say
                 to
                 the
                 Members
                 ?
              
            
             
               
                 —
                 I
                 am
                 coming
                 to
                 it
                 ,
                 sayes
                 he
                 ,
                 My
                 Lords
                 and
                 you
                 noble
                 Gentlemen
                 of
                 the
                 House
                 of
                 Commons
                 ,
                 you
                 are
                 the
                 Sanhedrim
                 and
                 the
                 great
                 Councel
                 of
                 the
                 Nation
                 ,
                 therefore
                 you
                 must
                 be
                 sure
                 to
                 do
                 Justice
                 ,
                 and
                 it
                 is
                 from
                 you
                 we
                 expect
                 it
                 ;
                 you
                 must
                 not
                 only
                 be
                 inheritors
                 of
                 your
                 Ancestors
                 ,
                 but
                 you
                 must
                 do
                 as
                 they
                 did
                 ,
                 they
                 have
                 opposed
                 Tyrannical
                 Kings
                 ,
                 they
                 have
                 destroyed
                 them
                 ,
                 it
                 is
                 you
                 chiefly
                 that
                 we
                 look
                 for
                 Justice
                 from
                 .
                 Do
                 not
                 prefer
                 the
                 great
                 
                   Barabbas
                   ,
                   Murderer
                   ,
                   Tyrant
                
                 ,
                 and
                 Traytor
                 before
                 these
                 poor
                 hearts
                 (
                 pointing
                 to
                 the
                 Redcoats
                 )
                 and
                 the
                 Army
                 ,
                 who
                 are
                 our
                 Saviours
                 :
                 and
                 thus
                 for
                 two
                 or
                 three
                 hours
                 time
                 that
                 he
                 spent
                 ,
                 he
                 did
                 nothing
                 but
                 rake
                 up
                 all
                 the
                 reasons
                 ,
                 arguments
                 and
                 examples
                 he
                 could
                 to
                 perswade
                 them
                 to
                 bring
                 the
                 King
                 to
                 condign
                 ,
                 speedy
                 and
                 capital
                 punishment
                 .
              
            
             
               
                 Peters
                 .
              
               
                 I
                 do
                 not
                 know
                 you
                 ,
                 are
                 you
                 sure
                 you
                 saw
                 me
                 at
                 that
                 time
                 ?
                 Do
                 you
                 know
                 me
                 ?
              
            
             
               
                 —
                 Yes
                 Sir.
                 
              
            
             
               
                 Peters
                 .
              
               
                 I
                 did
                 not
                 preach
                 there
                 at
                 that
                 time
                 .
              
            
             
               
                 Coun.
                 
              
               
                 Pray
                 my
                 Lord
                 will
                 you
                 call
                 Mr.
                 Jessop
                 ,
                 who
                 hath
                 the
                 Records
                 of
                 the
                 Parlia
                 .
                 and
                 can
                 produce
                 the
                 Order
                 ,
                 whereby
                 you
                 were
                 appointed
                 to
                 carry
                 on
                 the
                 work
                 of
                 that
                 Fast
                 ,
                 there
                 was
                 the
                 Order
                 for
                 his
                 preaching
                 ,
                 and
                 Order
                 for
                 thanks
                 for
                 his
                 work
                 .
              
            
             
             
               Mr.
               Jessop
               produced
               the
               Journal
               ,
               wherein
               was
               the
               Order
               following
               ,
               which
               was
               read
               .
            
             
               
                 Cl.
                 
              
               
                 
                   reads
                   ,
                
                 
                   
                     
                       
                         
                           
                             
                               
                                 Die
                                 Jovis
                                 7.
                                 
                                 Septemb.
                              
                               1648.
                               
                            
                          
                        
                         
                           Resolved
                           that
                           there
                           be
                           a
                           day
                           of
                           publick
                           Humiliation
                           ,
                           for
                           this
                           House
                           to
                           seek
                           God
                           in
                           these
                           times
                           of
                           difficulty
                           ,
                           and
                           that
                           to
                           morrow
                           be
                           the
                           day
                           and
                           kept
                           here
                           in
                           this
                           House
                           .
                           Resolved
                           that
                           Mr.
                           Peters
                           ,
                           Mr.
                           Marshal
                           ,
                           and
                           Mr.
                           Caril
                           be
                           desired
                           to
                           perform
                           the
                           duty
                           on
                           the
                           day
                           of
                           Humiliation
                           with
                           the
                           House
                           to
                           morrow
                           .
                        
                      
                    
                  
                
              
            
             
               
                 Coun.
                 
              
               
                 That
                 is
                 not
                 it
                 we
                 intend
                 ,
                 there
                 was
                 one
                 after
                 that
                 in
                 Decemb.
                 1648.
                 
              
            
             
               
                 Cl.
                 
              
               
                 
                   reads
                   ,
                
                 
                   
                     
                       
                         
                           
                             
                               20
                               Decemb.
                               1648.
                               
                            
                          
                        
                         
                           Ordered
                           that
                           Mr.
                           Peters
                           be
                           desired
                           to
                           preach
                           on
                           Friday
                           next
                           ,
                           the
                           day
                           of
                           publick
                           Humiliation
                           at
                           Margarets
                           Westminster
                           ,
                           in
                           the
                           place
                           of
                           —
                        
                      
                    
                  
                
              
            
             
               
                 Coun.
                 
              
               
                 Call
                 
                   Mr.
                   Chase
                
                 .
                 After
                 this
                 the
                 work
                 went
                 on
                 ,
                 and
                 the
                 High
                 Court
                 of
                 Justice
                 sate
                 ;
                 and
                 the
                 first
                 day
                 they
                 sate
                 was
                 Saturday
                 the
                 20.
                 
                 Jan.
                 in
                 Westminster
                 Hall
                 ,
                 the
                 21.
                 being
                 the
                 Sunday
                 following
                 ,
                 I
                 think
                 this
                 Gentleman
                 was
                 at
                 Whitehall
                 ,
                 he
                 will
                 tell
                 you
                 what
                 he
                 preached
                 .
              
            
             
               Mr.
               Chase
               sworn
               .
            
             
               
                 Chase
                 .
              
               
                 My
                 Lord
                 ,
                 I
                 heard
                 the
                 Prisoner
                 at
                 the
                 Bar
                 preaching
                 before
                 
                   Oliver
                   Cromwell
                
                 and
                 Bradshaw
                 ,
                 who
                 was
                 called
                 Lord
                 President
                 of
                 the
                 High
                 Court
                 of
                 Justice
                 ,
                 and
                 he
                 took
                 his
                 Text
                 out
                 of
                 the
                 Psalms
                 ,
                 in
                 these
                 words
                 ,
                 
                   Bind
                   your
                   Kings
                   with
                   chains
                   ,
                   and
                   your
                   Nobles
                   in
                   fetters
                   of
                   iron
                
                 ;
                 that
                 was
                 part
                 of
                 the
                 Text
                 :
                 But
                 sayes
                 he
                 in
                 his
                 Sermon
                 ,
                 Beloved
                 ,
                 it
                 is
                 the
                 last
                 Psalm
                 but
                 one
                 ,
                 and
                 the
                 next
                 Psalm
                 hath
                 six
                 verses
                 ,
                 and
                 twelve
                 Hallelujahs
                 ,
                 praise
                 ye
                 the
                 Lord
                 ,
                 Praise
                 God
                 in
                 his
                 Sanctuary
                 ,
                 and
                 so
                 on
                 ;
                 for
                 what
                 saies
                 he
                 ?
                 look
                 into
                 my
                 Text
                 ,
                 there
                 is
                 the
                 reason
                 of
                 it
                 ,
                 That
                 Kings
                 were
                 bound
                 in
                 chains
                 ,
                 &c.
                 
                 He
                 went
                 on
                 with
                 a
                 story
                 of
                 Major
                 and
                 a
                 Bishop
                 and
                 his
                 man
                 ,
                 the
                 Bishops
                 man
                 ,
                 saith
                 he
                 ,
                 being
                 drunk
                 ,
                 the
                 Major
                 laid
                 him
                 by
                 the
                 heels
                 ,
                 the
                 Bishop
                 sends
                 to
                 the
                 Major
                 ,
                 to
                 know
                 by
                 what
                 authority
                 he
                 imprisoned
                 his
                 servant
                 ,
                 the
                 Majors
                 answer
                 was
                 ,
                 there
                 is
                 an
                 Act
                 of
                 Parliament
                 for
                 it
                 ,
                 and
                 neither
                 the
                 Bishop
                 nor
                 his
                 man
                 are
                 excepted
                 out
                 of
                 it
                 :
                 and
                 applyed
                 it
                 thus
                 ,
                 Here
                 is
                 saith
                 he
                 ,
                 a
                 great
                 discourse
                 and
                 talk
                 in
                 the
                 world
                 ,
                 what
                 ?
                 will
                 ye
                 cut
                 off
                 the
                 Kings
                 head
                 ,
                 the
                 head
                 of
                 a
                 Protestant
                 .
                 Prince
                 and
                 King
                 ?
                 turn
                 to
                 your
                 Bibles
                 and
                 you
                 shall
                 find
                 it
                 
                 there
                 ,
                 
                   Whosoever
                   sheds
                   mans
                   blood
                   ,
                   by
                   man
                   shall
                   his
                   blood
                   be
                   shed
                   ,
                
                 saies
                 he
                 ,
                 I
                 will
                 even
                 answer
                 them
                 as
                 the
                 Major
                 did
                 the
                 Bishop
                 ,
                 here
                 is
                 an
                 Act
                 of
                 God
                 ,
                 Whosoever
                 sheds
                 mans
                 blood
                 ,
                 by
                 man
                 shall
                 his
                 blood
                 be
                 shed
                 ;
                 and
                 I
                 see
                 neither
                 
                   King
                   Charles
                   ▪
                
                 nor
                 Prince
                 Charles
                 ,
                 nor
                 Prince
                 Rupert
                 ,
                 nor
                 Prince
                 Maurice
                 ,
                 nor
                 any
                 of
                 that
                 rabble
                 excepted
                 out
                 of
                 it
                 .
                 And
                 further
                 he
                 said
                 ,
                 This
                 is
                 the
                 day
                 that
                 I
                 and
                 many
                 Saints
                 of
                 God
                 besides
                 have
                 been
                 praying
                 for
                 these
                 many
                 years
                 .
              
            
             
               
                 Peters
                 .
              
               
                 Ask
                 him
                 whether
                 he
                 took
                 notes
                 .
              
            
             
               
                 Chase
                 .
              
               
                 No
                 Sir
                 ,
                 but
                 it
                 being
                 so
                 memorable
                 a
                 Sermon
                 ,
                 I
                 took
                 special
                 notice
                 of
                 it
                 ,
                 I
                 came
                 to
                 my
                 Brothers
                 house
                 at
                 Shoolane
                 ,
                 and
                 told
                 him
                 ;
                 said
                 I
                 ,
                 Brother
                 ,
                 I
                 have
                 been
                 at
                 White-Hall
                 ,
                 and
                 have
                 heard
                 the
                 most
                 execrable
                 business
                 that
                 ever
                 was
                 heard
                 in
                 the
                 world
                 by
                 a
                 Minister
                 of
                 the
                 Gospel
                 ,
                 and
                 I
                 told
                 him
                 the
                 words
                 ;
                 I
                 observed
                 that
                 
                   Oliver
                   Cromwell
                
                 did
                 laugh
                 at
                 that
                 time
                 when
                 you
                 were
                 Preaching
                 .
              
            
             
               Tho.
               Tongue
               sworn
               .
            
             
               
                 Coun.
                 
              
               
                 What
                 do
                 you
                 know
                 of
                 the
                 Prisoners
                 preaching
                 ?
              
            
             
               
                 Tongue
                 .
              
               
                 Upon
                 
                   Jan.
                   21.
                
                 1648.
                 
                 I
                 was
                 at
                 Whitehall
                 where
                 this
                 Gentleman
                 preached
                 ,
                 and
                 he
                 preached
                 upon
                 this
                 Text
                 ,
                 
                   149.
                   
                   Psalm
                   v.
                
                 8.
                 
                 To
                 bind
                 their
                 Kings
                 in
                 chains
                 ,
                 and
                 their
                 Nobles
                 in
                 links
                 of
                 iron
                 ;
                 in
                 which
                 Text
                 this
                 Peters
                 did
                 much
                 applaud
                 the
                 Souldiers
                 there
                 ,
                 he
                 said
                 he
                 hoped
                 to
                 see
                 such
                 another
                 day
                 following
                 as
                 the
                 day
                 before
                 ,
                 and
                 that
                 blessed
                 be
                 God
                 (
                 saies
                 this
                 Parson
                 Peters
                 )
                 the
                 House
                 ,
                 the
                 lower
                 House
                 is
                 purged
                 ,
                 and
                 the
                 House
                 of
                 Lords
                 themselves
                 they
                 will
                 down
                 suddenly
                 ,
                 this
                 is
                 all
                 that
                 I
                 well
                 remember
                 at
                 that
                 time
                 .
                 Upon
                 the
                 28.
                 of
                 January
                 1648.
                 next
                 day
                 after
                 sentence
                 of
                 the
                 King
                 ,
                 I
                 heard
                 Peters
                 preach
                 upon
                 this
                 Text
                 in
                 S.
                 James's
                 Chapel
                 ,
                 149.
                 
                 Psalm
                 6
                 ,
                 7
                 ,
                 8.
                 9
                 ,
                 verses
                 .
                 
                   Let
                   the
                   high
                   praises
                
                 of
                 God
                 be
                 in
                 their
                 mouth
                 ,
                 and
                 a
                 two
                 edged
                 sword
                 
                   in
                   their
                   hands
                
                 ,
                 to
                 execute
                 vengeance
                 upon
                 the
                 heathen
                 ,
                 and
                 punishment
                 
                   upon
                   the
                   people
                
                 ,
                 To
                 bind
                 their
                 Kings
                 with
                 chains
                 ,
                 and
                 their
                 Nobles
                 with
                 
                   fetters
                   of
                   Iron
                   ,
                   To
                   execute
                   upon
                   them
                   the
                   judgement
                   written
                   ,
                   this
                   honour
                
                 have
                 all
                 his
                 Saints
                 ,
                 praise
                 ye
                 
                   the
                   Lord
                
                 :
                 And
                 there
                 he
                 did
                 so
                 saint
                 the
                 Redcoats
                 ,
                 and
                 so
                 reprobate
                 the
                 poor
                 Kings
                 friends
                 .
                 And
                 in
                 the
                 middle
                 of
                 
                 his
                 Sermon
                 he
                 took
                 occasion
                 to
                 produce
                 a
                 Text
                 14.
                 
                 Esay
                 18
                 ,
                 19
                 ,
                 20.
                 
                 
                   All
                   the
                   Kings
                   of
                   the
                   Nations
                   even
                   all
                   of
                   them
                   lie
                   in
                   glory
                   ▪
                   every
                   one
                   in
                   his
                   own
                   house
                   .
                   But
                   thou
                   art
                   cast
                   out
                   of
                   thy
                   grave
                   like
                   an
                   abominable
                   branch
                   ,
                   and
                   as
                   the
                   raiment
                   of
                   those
                   that
                   are
                   slain
                   ,
                   thrust
                   through
                   with
                   a
                   sword
                   ,
                   that
                   go
                   down
                   to
                   the
                   stones
                   of
                   the
                   pit
                   ,
                   as
                   a
                   carkass
                   trodden
                   under
                   feet
                   ,
                   Thou
                   shalt
                   not
                   be
                   joyned
                   with
                   them
                   in
                   burial
                   ,
                   because
                   thou
                   hast
                   destroyed
                   thy
                   land
                   ,
                   and
                   slain
                   thy
                   people
                   ,
                   the
                   seed
                   of
                   evil
                   doers
                   shall
                   never
                   be
                   renowned
                   :
                
                 saies
                 he
                 ,
                 This
                 I
                 did
                 intend
                 to
                 insist
                 and
                 preach
                 upon
                 before
                 the
                 poor
                 wretch
                 ,
                 and
                 the
                 
                   poor
                   wretch
                
                 would
                 not
                 hear
                 me
                 .
              
            
             
               
                 Coun.
                 
              
               
                 Who
                 did
                 he
                 mean
                 ?
              
            
             
               
                 Tongue
                 .
              
               
                 His
                 Majesty
                 ,
                 who
                 was
                 the
                 day
                 before
                 condemned
                 ,
                 saith
                 he
                 ,
                 look
                 in
                 your
                 lesser
                 Bibles
                 ,
                 and
                 you
                 shall
                 find
                 the
                 title
                 is
                 ,
                 
                   The
                   Tyrants
                   fall
                
                 .
              
            
             
               
                 Coun.
                 
              
               
                 That
                 that
                 was
                 spoken
                 of
                 the
                 King
                 of
                 Babylon
                 ,
                 the
                 ignominy
                 that
                 was
                 cast
                 upon
                 him
                 ,
                 he
                 applies
                 it
                 to
                 the
                 King
                 of
                 England
                 .
              
            
             
               
                 Peters
                 .
              
               
                 Ask
                 him
                 where
                 it
                 was
                 ?
              
            
             
               
                 Tongue
                 .
              
               
                 It
                 was
                 in
                 S.
                 
                 James's
                 Chapel
                 ,
                 Sunday
                 the
                 28.
                 of
                 Jan.
                 1648.
                 in
                 the
                 forenoon
                 .
              
            
             
               Reynold
               Bowdler
               Sworn
               .
            
             
               
                 Bowdler
                 .
              
               
                 That
                 which
                 I
                 have
                 now
                 to
                 say
                 is
                 this
                 ,
                 I
                 did
                 hear
                 him
                 a
                 few
                 daies
                 before
                 the
                 King
                 was
                 murthered
                 ,
                 preach
                 in
                 S.
                 Sepulchers
                 Church
                 ,
                 there
                 he
                 compares
                 the
                 King
                 that
                 was
                 then
                 to
                 dye
                 to
                 Barabbas
                 a
                 murderer
                 ,
                 and
                 in
                 this
                 manner
                 ,
                 saith
                 he
                 ,
                 There
                 is
                 a
                 great
                 company
                 amongst
                 us
                 ,
                 like
                 the
                 Jews
                 ,
                 they
                 cry
                 out
                 ,
                 Let
                 Christ
                 be
                 crucified
                 ,
                 and
                 let
                 Barabbas
                 be
                 released
                 ,
                 still
                 comparing
                 the
                 King
                 to
                 Barabbas
                 the
                 murtherer
                 ,
                 these
                 were
                 his
                 words
                 ,
                 with
                 many
                 more
                 to
                 the
                 same
                 purpose
                 .
              
            
             
               William
               Ryder
               Sworn
               .
            
             
               
                 Coun.
                 
              
               
                 Speak
                 what
                 you
                 know
                 concerning
                 the
                 Prisoner
                 .
              
            
             
               
                 Ryder
                 .
              
               
                 I
                 was
                 at
                 the
                 same
                 time
                 at
                 Church
                 in
                 S.
                 Sepulchers
                 .
              
            
             
               
                 Coun.
                 
              
               
                 How
                 long
                 was
                 that
                 before
                 the
                 King
                 dyed
                 ?
              
            
             
               
                 Ryder
                 .
              
               
                 It
                 was
                 very
                 near
                 the
                 Kings
                 death
                 .
              
            
             
               
               
                 Coun.
                 
              
               
                 Was
                 it
                 after
                 the
                 High
                 Court
                 of
                 Justice
                 sate
                 ,
                 as
                 they
                 called
                 it
                 ?
              
            
             
               
                 Ryder
                 .
              
               
                 About
                 that
                 time
                 it
                 was
                 .
                 My
                 Lord
                 ,
                 assoon
                 as
                 ever
                 he
                 had
                 read
                 the
                 words
                 of
                 his
                 Text
                 ,
                 which
                 was
                 ,
                 
                   He
                   shall
                   call
                   his
                   name
                   Emanuel
                   ,
                
                 he
                 presently
                 shook
                 hands
                 with
                 his
                 Text
                 ,
                 and
                 fell
                 (
                 as
                 he
                 was
                 wont
                 )
                 to
                 news
                 ,
                 and
                 there
                 he
                 said
                 ,
                 the
                 great
                 inquiry
                 now
                 is
                 to
                 know
                 what
                 should
                 become
                 of
                 the
                 King
                 ,
                 let
                 that
                 alone
                 ,
                 saith
                 he
                 ,
                 and
                 presently
                 he
                 falls
                 to
                 it
                 again
                 ,
                 and
                 was
                 pleased
                 to
                 stile
                 the
                 
                   King
                   Barabbas
                
                 ,
                 saith
                 he
                 ,
                 there
                 is
                 a
                 great
                 many
                 of
                 the
                 people
                 had
                 rather
                 Christ
                 should
                 be
                 crucified
                 than
                 Barabbas
                 ,
                 and
                 here
                 he
                 was
                 applauding
                 the
                 Souldiers
                 ,
                 and
                 said
                 that
                 Emanuel
                 was
                 written
                 upon
                 the
                 bridles
                 of
                 their
                 horses
                 ,
                 and
                 he
                 was
                 speaking
                 of
                 the
                 Kings
                 Souldiers
                 ,
                 saith
                 he
                 ,
                 I
                 have
                 known
                 eighty
                 thousand
                 of
                 them
                 ,
                 and
                 not
                 one
                 of
                 them
                 a
                 gracious
                 person
                 .
              
            
             
               
                 Coun.
                 
              
               
                 Now
                 we
                 expect
                 the
                 Answer
                 of
                 the
                 Prisoner
                 at
                 the
                 Bar
                 ,
                 the
                 Indictment
                 hath
                 been
                 fully
                 proved
                 .
              
            
             
               
                 Peters
                 .
              
               
                 I
                 desire
                 that
                 witness
                 may
                 be
                 admitted
                 which
                 I
                 spoke
                 of
                 ,
                 his
                 name
                 is
                 
                   Cornelius
                   Glover
                
                 .
              
            
             
               
                 Coun.
                 
              
               
                 We
                 have
                 omitted
                 one
                 evidence
                 ,
                 we
                 desire
                 Master
                 Walker
                 may
                 be
                 called
                 .
              
            
             
               Mr.
               Walker
               Sworn
               .
            
             
               
                 Walker
                 .
              
               
                 On
                 Sunday
                 after
                 the
                 King
                 was
                 first
                 brought
                 to
                 his
                 tryal
                 ,
                 out
                 of
                 curiosity
                 ,
                 I
                 went
                 to
                 hear
                 Mr.
                 Peters
                 at
                 Whitehall
                 ,
                 after
                 he
                 had
                 made
                 a
                 long
                 prayer
                 ,
                 saith
                 he
                 ,
                 I
                 have
                 prayed
                 and
                 preached
                 these
                 twenty
                 years
                 ,
                 and
                 now
                 I
                 may
                 say
                 with
                 old
                 
                   Symeon
                   ,
                   Lord
                   now
                   lettest
                   thou
                   thy
                   servant
                   depart
                   in
                   peace
                   ,
                   for
                   mine
                   eyes
                   have
                   seen
                   thy
                   salvation
                   .
                
                 Afterwards
                 he
                 speaks
                 of
                 the
                 Text
                 ,
                 of
                 
                   binding
                   their
                   Kings
                   in
                   chains
                   ,
                   &c.
                
                 then
                 much
                 reviled
                 the
                 King
                 :
                 but
                 soft
                 there
                 ,
                 saith
                 he
                 ,
                 I
                 must
                 not
                 talk
                 so
                 here
                 ,
                 I
                 am
                 in
                 the
                 Kings
                 Chapel
                 :
                 there
                 is
                 a
                 very
                 remarkable
                 passage
                 in
                 
                   Amos
                   ,
                   Amos
                
                 went
                 to
                 preach
                 ,
                 and
                 Amazia
                 would
                 not
                 let
                 him
                 ;
                 but
                 Amos
                 would
                 preach
                 ,
                 the
                 
                   poor
                   wretch
                
                 would
                 not
                 hear
                 me
                 ,
                 but
                 yet
                 I
                 will
                 preach
                 .
                 Afterwards
                 he
                 speaks
                 of
                 the
                 Major
                 of
                 Exeter
                 that
                 committed
                 the
                 Bishops
                 servant
                 for
                 being
                 drunk
                 ,
                 saith
                 the
                 Major
                 ,
                 here
                 is
                 an
                 Act
                 of
                 Parliament
                 for
                 it
                 ,
                 and
                 I
                 do
                 not
                 see
                 that
                 the
                 Bishop
                 
                 nor
                 his
                 man
                 are
                 either
                 of
                 them
                 excepted
                 out
                 of
                 the
                 Act
                 :
                 and
                 saith
                 he
                 ,
                 in
                 Scripture
                 it
                 is
                 said
                 ,
                 
                   Whosoever
                   sheddeth
                   mans
                   blood
                   ,
                   by
                   man
                   shall
                   his
                   blood
                   be
                   shed
                
                 ;
                 and
                 I
                 do
                 not
                 find
                 that
                 either
                 King
                 Charles
                 ,
                 Prince
                 Charles
                 ,
                 Prince
                 Rupert
                 ,
                 Prince
                 Maurice
                 ,
                 or
                 any
                 of
                 that
                 rabble
                 are
                 excepted
                 .
              
            
             
               
                 Coun.
                 
              
               
                 Now
                 Mr.
                 Peters
                 you
                 may
                 call
                 your
                 witness
                 .
              
            
             
               
                 Cornelius
                 Glover
              
               ,
               not
               sworn
               .
            
             
               
                 Lord
                 Chief
                 Baron
                 .
              
               
                 Where
                 do
                 you
                 dwell
                 ?
              
            
             
               
                 Glover
                 .
              
               
                 In
                 Pauls
                 Church-yard
                 .
              
            
             
               
                 Lo.
                 Ch.
                 Bar.
                 
              
               
                 What
                 is
                 your
                 quality
                 of
                 life
                 ?
              
            
             
               
                 Peters
                 .
              
               
                 A
                 servant
                 of
                 the
                 Kings
                 .
              
            
             
               
                 Lo.
                 Ch.
                 Bar.
                 
              
               
                 I
                 do
                 not
                 ask
                 you
                 ,
                 Mr.
                 Peters
                 .
              
            
             
               
                 Glover
                 .
              
               
                 I
                 belong
                 to
                 the
                 Post-house
                 .
              
            
             
               
                 Peters
                 .
              
               
                 Pray
                 hear
                 him
                 speak
                 .
              
            
             
               
                 L.
                 Ch.
                 Bar.
                 
              
               
                 What
                 would
                 you
                 have
                 him
                 asked
                 ?
              
            
             
               
                 Peters
                 .
              
               
                 Whether
                 I
                 was
                 out
                 of
                 my
                 Chamber
                 that
                 day
                 the
                 King
                 suffered
                 ?
              
            
             
               
                 Lo.
                 Ch.
                 Bar.
                 
              
               
                 What
                 say
                 you
                 to
                 that
                 ?
              
            
             
               
                 Glover
                 .
              
               
                 I
                 was
                 come
                 to
                 Mr.
                 Peters
                 a
                 little
                 before
                 that
                 time
                 to
                 live
                 with
                 him
                 as
                 his
                 servant
                 ,
                 it
                 fell
                 out
                 that
                 day
                 he
                 was
                 ill
                 in
                 his
                 chamber
                 all
                 the
                 morning
                 ,
                 the
                 Souldiers
                 in
                 S.
                 
                 James's-house
                 were
                 all
                 gone
                 away
                 ,
                 I
                 had
                 a
                 desire
                 to
                 go
                 see
                 the
                 meeting
                 where
                 they
                 were
                 at
                 Whitehall
                 ,
                 saith
                 he
                 ,
                 thou
                 seemest
                 to
                 have
                 a
                 great
                 desire
                 to
                 go
                 and
                 look
                 about
                 thee
                 ,
                 it
                 is
                 very
                 sad
                 ,
                 but
                 if
                 you
                 will
                 go
                 you
                 may
                 .
                 I
                 did
                 go
                 over
                 the
                 Park
                 .
              
            
             
               
                 Coun.
                 
              
               
                 What
                 time
                 ?
              
            
             
               
                 Glover
                 .
              
               
                 About
                 noon
                 .
              
            
             
               
                 Coun.
                 
              
               
                 What
                 hour
                 ?
              
            
             
               
                 Glover
                 .
              
               
                 I
                 do
                 not
                 know
                 .
                 I
                 did
                 not
                 stay
                 there
                 ,
                 the
                 soldiers
                 and
                 the
                 people
                 fill'd
                 the
                 place
                 ,
                 and
                 I
                 went
                 back
                 again
                 to
                 the
                 chamber
                 ,
                 I
                 came
                 back
                 again
                 within
                 a
                 matter
                 of
                 an
                 hours
                 time
                 .
              
            
             
               
                 Coun.
                 
              
               
                 Was
                 the
                 King
                 dead
                 before
                 you
                 came
                 back
                 again
                 ?
              
            
             
               
                 Glover
                 .
              
               
                 They
                 said
                 he
                 was
                 not
                 ,
                 when
                 I
                 went
                 home
                 he
                 asked
                 me
                 what
                 was
                 doing
                 ?
                 I
                 told
                 him
                 there
                 was
                 a
                 great
                 croud
                 ,
                 I
                 could
                 not
                 come
                 near
                 :
                 I
                 staid
                 there
                 an
                 hour
                 ,
                 and
                 then
                 went
                 out
                 again
                 ,
                 and
                 still
                 there
                 was
                 a
                 croud
                 ,
                 and
                 I
                 
                 came
                 back
                 again
                 ,
                 and
                 M.
                 Peters
                 was
                 in
                 his
                 chamber
                 then
                 .
              
            
             
               
                 Coun.
                 
              
               
                 Was
                 he
                 in
                 bed
                 ,
                 or
                 up
                 ?
              
            
             
               
                 Glover
                 .
              
               
                 I
                 do
                 not
                 remember
                 .
              
            
             
               
                 Coun.
                 
              
               
                 How
                 old
                 were
                 you
                 then
                 ?
              
            
             
               
                 Glover
                 .
              
               
                 I
                 am
                 not
                 above
                 32.
                 or
                 33.
                 
              
            
             
               
                 Coun.
                 
              
               
                 Was
                 Mr.
                 Peters
                 sick
                 ?
              
            
             
               
                 Gl.
                 
              
               
                 Yes
                 ,
                 He
                 was
                 melancholy
                 sick
                 ,
                 as
                 he
                 used
                 to
                 be
                 .
              
            
             
               
                 L.
                 Ch.
                 Bar.
                 
              
               
                 How
                 long
                 have
                 you
                 been
                 at
                 the
                 Post-office
                 ?
              
            
             
               
                 Gl.
                 
              
               
                 About
                 five
                 years
                 .
              
            
             
               
                 L.
                 Ch.
                 Bar.
                 
              
               
                 M.
                 Peters
                 have
                 you
                 any
                 more
                 to
                 ask
                 him
                 ?
              
            
             
               
                 Peters
                 .
              
               
                 I
                 brought
                 him
                 to
                 testifie
                 that
                 I
                 was
                 not
                 out
                 of
                 my
                 Chamber
                 that
                 day
                 ,
                 and
                 that
                 I
                 was
                 sick
                 .
              
            
             
               
                 L.
                 Ch.
                 Bar.
                 
              
               
                 Did
                 you
                 desire
                 to
                 go
                 ,
                 or
                 did
                 he
                 send
                 you
                 ?
              
            
             
               
                 Gl.
                 
              
               
                 I
                 did
                 desire
                 to
                 go
                 being
                 newly
                 come
                 to
                 London
                 .
              
            
             
               
                 Lord
                 Ch.
                 Baron
                 .
              
               
                 This
                 Gentleman
                 though
                 not
                 upon
                 oath
                 is
                 examined
                 ,
                 and
                 it
                 is
                 only
                 to
                 one
                 particular
                 ,
                 nothing
                 at
                 all
                 to
                 the
                 main
                 proofs
                 .
              
            
             
               
                 Peters
                 .
              
               
                 I
                 bring
                 him
                 only
                 to
                 vindicate
                 my self
                 from
                 that
                 aspersion
                 of
                 my
                 being
                 upon
                 the
                 Scaffold
                 .
              
            
             
               
                 L.
                 Ch.
                 Bar.
                 
              
               
                 They
                 do
                 not
                 lay
                 the
                 weight
                 of
                 their
                 evidence
                 upon
                 that
                 .
                 The
                 Kings
                 Councel
                 have
                 done
                 with
                 their
                 evidence
                 ,
                 if
                 you
                 have
                 any
                 thing
                 to
                 say
                 ,
                 you
                 have
                 your
                 liberty
                 .
              
            
             
               
                 Peters
                 .
              
               
                 May
                 it
                 please
                 your
                 Lordships
                 ,
                 I
                 will
                 give
                 you
                 an
                 account
                 of
                 the
                 business
                 ,
                 I
                 lived
                 fourteen
                 years
                 out
                 of
                 England
                 ,
                 when
                 I
                 came
                 over
                 I
                 found
                 the
                 wars
                 begun
                 ,
                 I
                 began
                 no
                 war
                 ,
                 my
                 Lord
                 ,
                 nor
                 have
                 been
                 the
                 Trumpeter
                 ,
                 when
                 I
                 came
                 out
                 of
                 the
                 West
                 Indies
                 ,
                 I
                 fled
                 from
                 the
                 War
                 into
                 Ireland
                 ,
                 to
                 the
                 Western
                 part
                 there
                 ,
                 and
                 it
                 was
                 after
                 the
                 Rebellion
                 ,
                 when
                 some
                 of
                 the
                 Irish
                 had
                 been
                 stirring
                 there
                 ,
                 I
                 went
                 and
                 spent
                 my
                 time
                 there
                 .
                 I
                 was
                 neither
                 at
                 Edge-hill
                 nor
                 Naseby
                 ,
                 but
                 my
                 Lord
                 ,
                 after
                 I
                 came
                 over
                 there
                 was
                 War
                 that
                 the
                 people
                 were
                 engaged
                 in
                 ,
                 I
                 was
                 not
                 here
                 in
                 the
                 beginning
                 of
                 it
                 ,
                 but
                 was
                 a
                 stranger
                 to
                 the
                 carriage
                 of
                 it
                 .
                 When
                 I
                 came
                 into
                 the
                 Nations
                 ,
                 I
                 looked
                 after
                 three
                 things
                 ,
                 one
                 was
                 ,
                 that
                 there
                 might
                 be
                 sound
                 Religion
                 .
                 The
                 second
                 was
                 ,
                 that
                 learning
                 and
                 Laws
                 might
                 be
                 maintained
                 .
                 The
                 third
                 ,
                 that
                 the
                 poor
                 might
                 be
                 cared
                 for
                 ,
                 and
                 I
                 must
                 confess
                 I
                 have
                 spent
                 most
                 of
                 my
                 time
                 in
                 these
                 things
                 ,
                 to
                 this
                 end
                 and
                 purpose
                 ;
                 there
                 was
                 a
                 noise
                 in
                 all
                 parts
                 of
                 some
                 miscarriages
                 in
                 matters
                 
                 of
                 Religion
                 ,
                 after
                 it
                 was
                 setled
                 I
                 lived
                 in
                 Ireland
                 ,
                 I
                 must
                 profess
                 for
                 my
                 own
                 part
                 solemnly
                 that
                 my
                 carriage
                 hath
                 been
                 upon
                 these
                 heads
                 .
                 For
                 Religion
                 I
                 have
                 ,
                 through
                 Gods
                 mercies
                 ,
                 spoke
                 the
                 truths
                 of
                 the
                 Protestant
                 Church
                 ,
                 upon
                 this
                 account
                 I
                 did
                 stay
                 to
                 see
                 what
                 God
                 might
                 do
                 ,
                 I
                 was
                 sent
                 over
                 to
                 his
                 Majesty
                 that
                 we
                 might
                 have
                 a
                 little
                 help
                 in
                 point
                 of
                 Excise
                 and
                 Customes
                 ,
                 and
                 encouragement
                 in
                 learning
                 .
                 My
                 Lord
                 ,
                 this
                 is
                 true
                 ,
                 that
                 I
                 being
                 here
                 in
                 the
                 Nation
                 ,
                 and
                 being
                 sent
                 over
                 upon
                 the
                 occasions
                 of
                 the
                 Countrey
                 ,
                 and
                 not
                 upon
                 any
                 design
                 ,
                 but
                 this
                 I
                 say
                 ,
                 (
                 I
                 cannot
                 deny
                 it
                 )
                 that
                 after
                 I
                 came
                 over
                 ,
                 and
                 had
                 seen
                 the
                 state
                 of
                 England
                 ,
                 in
                 some
                 measure
                 I
                 did
                 stir
                 ,
                 but
                 by
                 strong
                 importunities
                 ,
                 the
                 Ministers
                 of
                 London
                 deeper
                 than
                 I
                 :
                 I
                 am
                 very
                 sorry
                 to
                 hear
                 of
                 my
                 carriage
                 towards
                 the
                 King
                 ,
                 it
                 is
                 my
                 great
                 trouble
                 ,
                 I
                 beg
                 pardon
                 for
                 my
                 own
                 folly
                 and
                 weakness
                 ,
                 I
                 thought
                 God
                 had
                 a
                 great
                 controversie
                 with
                 the
                 Nation
                 ,
                 and
                 the
                 Lord
                 was
                 displeased
                 on
                 all
                 hands
                 ,
                 that
                 which
                 some
                 people
                 took
                 to
                 ,
                 I
                 did
                 take
                 unto
                 ,
                 I
                 went
                 into
                 the
                 Army
                 ,
                 I
                 saw
                 at
                 the
                 beginning
                 of
                 it
                 ,
                 that
                 corruptions
                 grew
                 among
                 them
                 ,
                 I
                 suppose
                 none
                 can
                 say
                 I
                 have
                 gone
                 aside
                 from
                 any
                 Orthodox
                 truth
                 of
                 the
                 Lord
                 :
                 And
                 now
                 to
                 take
                 off
                 the
                 scandal
                 upon
                 me
                 ,
                 and
                 to
                 the
                 business
                 ,
                 let
                 me
                 beg
                 of
                 your
                 Lordships
                 to
                 consider
                 whatever
                 prejudices
                 or
                 revenge
                 may
                 take
                 up
                 mens
                 hearts
                 ,
                 there
                 is
                 a
                 God
                 that
                 knows
                 all
                 ,
                 God
                 hath
                 a
                 regard
                 to
                 the
                 people
                 of
                 England
                 .
                 I
                 look
                 upon
                 this
                 Nation
                 as
                 the
                 Cabinet
                 of
                 the
                 world
                 .
                 That
                 that
                 doth
                 concern
                 the
                 business
                 is
                 this
                 ,
                 my
                 Lord
                 ,
                 that
                 after
                 this
                 time
                 hither
                 I
                 came
                 ,
                 and
                 did
                 bear
                 witness
                 to
                 all
                 the
                 world
                 that
                 there
                 was
                 amongst
                 us
                 something
                 that
                 was
                 for
                 better
                 ,
                 and
                 some
                 thing
                 worse
                 for
                 the
                 Nation
                 ,
                 I
                 took
                 advice
                 of
                 some
                 great
                 persons
                 concerning
                 the
                 weightiness
                 of
                 it
                 ,
                 I
                 had
                 neither
                 malice
                 nor
                 mischief
                 in
                 my
                 heart
                 against
                 the
                 King
                 ,
                 upon
                 this
                 I
                 did
                 engage
                 so
                 far
                 as
                 being
                 invited
                 ,
                 I
                 went
                 into
                 the
                 Wars
                 ,
                 and
                 there
                 I
                 found
                 very
                 strange
                 and
                 several
                 kinds
                 of
                 providences
                 ,
                 as
                 this
                 day
                 hath
                 been
                 seen
                 ;
                 I
                 do
                 not
                 deny
                 but
                 that
                 was
                 active
                 ,
                 but
                 not
                 to
                 stir
                 in
                 a
                 way
                 that
                 was
                 not
                 honourable
                 .
                 I
                 challenge
                 a
                 great
                 part
                 of
                 the
                 Nations
                 to
                 manifest
                 my
                 carriage
                 among
                 them
                 ,
                 I
                 shall
                 make
                 it
                 good
                 divers
                 ways
                 ,
                 I
                 had
                 so
                 much
                 respect
                 to
                 his
                 Majesty
                 particularly
                 at
                 Windsor
                 ,
                 that
                 I
                 propounded
                 to
                 his
                 Majesty
                 my
                 thoughts
                 three
                 ways
                 to
                 preserve
                 himself
                 from
                 danger
                 ,
                 which
                 were
                 good
                 as
                 he
                 was
                 pleased
                 to
                 think
                 ,
                 though
                 they
                 did
                 not
                 succeed
                 ,
                 
                 and
                 the
                 work
                 died
                 ;
                 as
                 for
                 malice
                 ,
                 I
                 had
                 none
                 in
                 me
                 .
                 It
                 is
                 true
                 ,
                 there
                 was
                 a
                 difference
                 amongst
                 us
                 ,
                 an
                 Army
                 ,
                 and
                 an
                 Army
                 ,
                 I
                 never
                 had
                 a
                 groat
                 or
                 penny
                 from
                 
                   O.
                   Cromwel
                
                 since
                 I
                 knew
                 this
                 place
                 ,
                 I
                 profess
                 I
                 have
                 had
                 no
                 ends
                 for
                 honour
                 or
                 gain
                 ,
                 since
                 I
                 set
                 foot
                 upon
                 this
                 shore
                 ,
                 I
                 challenge
                 any
                 man
                 that
                 belonged
                 to
                 that
                 party
                 ,
                 whether
                 they
                 had
                 not
                 the
                 same
                 respect
                 from
                 me
                 as
                 my
                 own
                 party
                 ,
                 I
                 have
                 not
                 persecuted
                 any
                 with
                 malice
                 ,
                 I
                 will
                 only
                 take
                 off
                 malice
                 .
              
            
             
               
                 L.
                 C.
                 B.
                 
              
               
                 Your
                 business
                 is
                 matter
                 of
                 fact
                 .
              
            
             
               
                 Peters
                 .
              
               
                 I
                 am
                 unskilful
                 in
                 Law
                 ,
                 this
                 that
                 I
                 offer
                 ,
                 is
                 to
                 shew
                 that
                 I
                 had
                 no
                 malice
                 in
                 me
                 ,
                 I
                 was
                 so
                 far
                 from
                 malice
                 ,
                 that
                 I
                 have
                 a
                 Certificate
                 ,
                 if
                 worth
                 the
                 reading
                 ,
                 from
                 one
                 of
                 the
                 Eminentest
                 persons
                 in
                 the
                 Nation
                 ,
                 to
                 shew
                 I
                 had
                 no
                 malice
                 .
                 It
                 is
                 concerning
                 the
                 Marques
                 of
                 Worcester
                 under
                 his
                 Ladies
                 hand
                 ,
                 beginning
                 with
                 these
                 words
                 ,
                 
                   I
                   do
                   here
                   testifie
                   that
                   in
                   all
                   the
                   sufferings
                   of
                   my
                   husband
                   ,
                   Mr.
                
                 Peters
                 
                   was
                   my
                   great
                   friend
                
                 ,
                 &c.
                 
                 I
                 have
                 here
                 a
                 seal
                 ,
                 (
                 and
                 then
                 produced
                 it
                 )
                 that
                 the
                 Earl
                 of
                 Norwich
                 gave
                 me
                 to
                 keep
                 for
                 his
                 sake
                 ,
                 for
                 saving
                 his
                 life
                 ,
                 which
                 I
                 will
                 keep
                 as
                 long
                 as
                 I
                 live
                 .
              
            
             
               
                 L.
                 C.
                 Bar.
                 
              
               
                 I
                 am
                 not
                 willing
                 at
                 all
                 to
                 interrupt
                 you
                 ,
                 or
                 hinder
                 you
                 ,
                 that
                 which
                 you
                 speak
                 of
                 doing
                 good
                 services
                 is
                 not
                 at
                 all
                 to
                 the
                 point
                 ,
                 we
                 do
                 not
                 question
                 you
                 for
                 what
                 good
                 you
                 have
                 done
                 ,
                 but
                 for
                 the
                 evil
                 you
                 have
                 done
                 ,
                 I
                 hope
                 there
                 is
                 no
                 malice
                 in
                 your
                 heart
                 ,
                 nor
                 upon
                 the
                 Court
                 nor
                 Jury
                 ,
                 we
                 and
                 they
                 are
                 upon
                 our
                 Oaths
                 ,
                 you
                 hear
                 the
                 matter
                 alledged
                 against
                 you
                 ,
                 pray
                 come
                 to
                 the
                 matter
                 .
              
            
             
               
                 Peters
                 .
              
               
                 My
                 Lord
                 ,
                 I
                 cannot
                 remember
                 them
                 .
              
            
             
               
                 Lord
                 Ch.
                 Baron
                 .
              
               
                 Then
                 I
                 will
                 remember
                 you
                 ,
                 you
                 are
                 charged
                 by
                 this
                 Indictment
                 for
                 compassing
                 and
                 imagining
                 the
                 death
                 of
                 the
                 King
                 ,
                 and
                 there
                 is
                 set
                 forth
                 sundry
                 particulars
                 to
                 prove
                 the
                 overt
                 act
                 ,
                 that
                 you
                 with
                 other
                 persons
                 named
                 in
                 that
                 Indictment
                 ,
                 did
                 consult
                 and
                 meet
                 together
                 ,
                 how
                 to
                 bring
                 about
                 the
                 Kings
                 death
                 .
                 Then
                 you
                 are
                 charged
                 with
                 several
                 Acts
                 of
                 contriving
                 and
                 endeavouring
                 the
                 Kings
                 death
                 .
                 Overt
                 acts
                 that
                 tend
                 to
                 the
                 compassing
                 or
                 imagining
                 the
                 Kings
                 death
                 ,
                 or
                 any
                 one
                 of
                 these
                 ▪
                 to
                 encourage
                 the
                 bringing
                 on
                 the
                 King
                 to
                 his
                 death
                 ,
                 the
                 consulting
                 or
                 meeting
                 together
                 about
                 it
                 ,
                 though
                 you
                 did
                 not
                 sit
                 or
                 
                 sentence
                 ;
                 yet
                 if
                 you
                 did
                 any
                 thing
                 tending
                 to
                 that
                 incouragement
                 ,
                 or
                 otherwise
                 abet
                 it
                 ,
                 comfort
                 or
                 any
                 wise
                 ayd
                 those
                 trayterous
                 persons
                 that
                 did
                 it
                 ;
                 in
                 the
                 doing
                 of
                 it
                 you
                 are
                 by
                 law
                 guilty
                 of
                 the
                 whole
                 fact
                 :
                 the
                 proposing
                 and
                 determining
                 the
                 King
                 shall
                 die
                 ,
                 though
                 you
                 were
                 not
                 he
                 that
                 actually
                 put
                 him
                 to
                 death
                 ,
                 yet
                 notwithstanding
                 ,
                 if
                 you
                 did
                 the
                 other
                 ,
                 you
                 are
                 guilty
                 of
                 all
                 ;
                 if
                 you
                 shall
                 speak
                 any
                 seditious
                 speeches
                 ,
                 be
                 they
                 in
                 the
                 Pulpit
                 or
                 out
                 of
                 the
                 Pulpit
                 ,
                 if
                 you
                 shall
                 utter
                 any
                 thing
                 that
                 tends
                 to
                 sedition
                 ,
                 these
                 are
                 open
                 acts
                 ,
                 which
                 prove
                 the
                 imagination
                 of
                 the
                 heart
                 ,
                 though
                 imagination
                 of
                 the
                 heart
                 be
                 Treason
                 ,
                 yet
                 it
                 cannot
                 be
                 proved
                 but
                 by
                 open
                 acts
                 ,
                 yet
                 the
                 imagination
                 it self
                 is
                 Treason
                 ;
                 first
                 you
                 did
                 conspire
                 ,
                 all
                 the
                 witnesses
                 go
                 along
                 to
                 prove
                 this
                 .
                 Dr.
                 Young
                 saith
                 ,
                 you
                 came
                 over
                 from
                 Ireland
                 to
                 his
                 house
                 ,
                 and
                 after
                 five
                 days
                 that
                 you
                 were
                 recovered
                 of
                 the
                 Flux
                 ,
                 you
                 staid
                 there
                 ten
                 weeks
                 ,
                 you
                 said
                 your self
                 ,
                 there
                 was
                 enough
                 if
                 it
                 were
                 true
                 ,
                 to
                 condemn
                 you
                 or
                 any
                 man
                 :
                 I
                 shall
                 repeat
                 it
                 to
                 you
                 ,
                 you
                 told
                 him
                 a
                 narrative
                 ,
                 that
                 you
                 came
                 from
                 
                   New
                   England
                
                 ,
                 from
                 thence
                 to
                 Ireland
                 ,
                 and
                 then
                 you
                 came
                 to
                 Holland
                 with
                 an
                 intent
                 to
                 see
                 how
                 you
                 might
                 bring
                 on
                 the
                 Kingdom
                 to
                 be
                 a
                 Commonwealth
                 :
                 next
                 he
                 saith
                 ,
                 you
                 spake
                 very
                 often
                 against
                 the
                 King
                 by
                 way
                 of
                 disgrace
                 against
                 him
                 and
                 his
                 family
                 ,
                 against
                 the
                 King
                 and
                 his
                 off-spring
                 ,
                 this
                 you
                 said
                 very
                 often
                 :
                 then
                 you
                 spake
                 in
                 vilification
                 of
                 Monarchical
                 Government
                 ,
                 that
                 this
                 Commonwealth
                 would
                 never
                 be
                 at
                 peace
                 till
                 150.
                 or
                 three
                 L's
                 ,
                 Lords
                 ,
                 Levites
                 ,
                 and
                 Lawyers
                 were
                 taken
                 away
                 ,
                 at
                 which
                 he
                 replyed
                 ,
                 then
                 they
                 must
                 be
                 all
                 Switzers
                 ,
                 Tinkers
                 or
                 Traytors
                 ;
                 he
                 swears
                 you
                 were
                 a
                 Colonel
                 ,
                 and
                 had
                 a
                 Commission
                 ;
                 that
                 you
                 would
                 have
                 had
                 him
                 accept
                 of
                 a
                 Commission
                 ,
                 and
                 that
                 you
                 had
                 two
                 Companies
                 come
                 from
                 the
                 West
                 ,
                 you
                 told
                 him
                 the
                 Parliament
                 had
                 an
                 intent
                 to
                 secure
                 Cromwel
                 and
                 your self
                 ,
                 but
                 that
                 you
                 rid
                 hard
                 for
                 it
                 ,
                 and
                 then
                 you
                 confessed
                 you
                 agreed
                 then
                 upon
                 his
                 death
                 ,
                 to
                 bring
                 him
                 to
                 tryal
                 ,
                 and
                 to
                 cut
                 off
                 his
                 head
                 ;
                 you
                 did
                 agree
                 together
                 ,
                 and
                 he
                 believes
                 it
                 was
                 your
                 advice
                 to
                 Cromwel
                 ;
                 your
                 answer
                 was
                 this
                 ,
                 that
                 he
                 was
                 more
                 violent
                 than
                 your self
                 ,
                 that
                 he
                 took
                 upon
                 him
                 to
                 be
                 a
                 spie
                 ,
                 and
                 that
                 
                 he
                 was
                 no
                 competent
                 witness
                 ,
                 because
                 he
                 was
                 under
                 a
                 temptation
                 ,
                 because
                 you
                 did
                 not
                 help
                 him
                 to
                 his
                 living
                 ,
                 and
                 so
                 conceived
                 it
                 to
                 be
                 malice
                 ;
                 you
                 say
                 ,
                 he
                 was
                 used
                 to
                 take
                 up
                 such
                 courses
                 in
                 his
                 own
                 Country
                 ,
                 the
                 matter
                 is
                 not
                 whether
                 you
                 had
                 malice
                 to
                 the
                 Kings
                 life
                 or
                 Monarchy
                 .
                 For
                 the
                 next
                 ,
                 one
                 Gunter
                 ,
                 he
                 swears
                 ,
                 that
                 he
                 was
                 a
                 Servant
                 to
                 Mr.
                 Hildesly
                 ,
                 at
                 the
                 Star
                 in
                 Coleman-street
                 ,
                 and
                 this
                 was
                 in
                 1648.
                 he
                 saith
                 ,
                 that
                 many
                 of
                 the
                 party
                 of
                 Cromwel
                 did
                 use
                 to
                 resort
                 thither
                 ,
                 among
                 the
                 rest
                 ▪
                 he
                 saw
                 you
                 ,
                 he
                 said
                 he
                 came
                 in
                 to
                 them
                 ,
                 and
                 their
                 discourse
                 was
                 about
                 
                   Charles
                   Stewart
                
                 ,
                 and
                 the
                 Prisoner
                 —
                 and
                 did
                 guess
                 it
                 was
                 about
                 the
                 King
                 ,
                 that
                 you
                 were
                 privy
                 to
                 it
                 then
                 ;
                 he
                 saih
                 this
                 was
                 three
                 daies
                 before
                 
                   O.
                   Cromwel
                
                 went
                 out
                 of
                 Town
                 ,
                 the
                 effect
                 of
                 that
                 is
                 urged
                 no
                 further
                 than
                 this
                 ,
                 that
                 you
                 were
                 so
                 far
                 of
                 the
                 Cabal
                 ,
                 that
                 you
                 were
                 present
                 with
                 those
                 persons
                 ,
                 
                   Cromwel
                   ,
                   Ireton
                   ,
                   Rich
                
                 ,
                 and
                 others
                 ;
                 you
                 said
                 ,
                 I
                 was
                 there
                 once
                 with
                 Mr.
                 
                   Nathaniel
                   Fines
                   :
                   Starkey
                
                 he
                 saith
                 ,
                 that
                 at
                 his
                 Fathers
                 house
                 Ireton
                 lay
                 ,
                 and
                 was
                 quartered
                 there
                 at
                 Windsor
                 ,
                 before
                 and
                 when
                 the
                 King
                 was
                 Prisoner
                 ;
                 that
                 you
                 had
                 your
                 quarter
                 there
                 ,
                 and
                 Cromwel
                 too
                 in
                 that
                 Town
                 :
                 The
                 general
                 meeting
                 of
                 the
                 Councel
                 of
                 War
                 was
                 at
                 his
                 Fathers
                 house
                 ,
                 there
                 Ireton
                 and
                 his
                 Wife
                 lying
                 there
                 ,
                 you
                 came
                 and
                 resorted
                 thither
                 very
                 often
                 ;
                 he
                 saith
                 then
                 ,
                 that
                 it
                 appeared
                 that
                 after
                 the
                 Councel
                 of
                 War
                 had
                 done
                 ,
                 many
                 times
                 Rich
                 ,
                 and
                 you
                 ,
                 and
                 Cromwel
                 and
                 Ireton
                 ,
                 were
                 there
                 together
                 ,
                 sometimes
                 till
                 two
                 a
                 clock
                 in
                 the
                 morning
                 ;
                 he
                 saith
                 then
                 ,
                 that
                 he
                 did
                 observe
                 there
                 was
                 a
                 fifth
                 person
                 ,
                 (
                 he
                 did
                 not
                 remember
                 his
                 name
                 )
                 &
                 you
                 sate
                 up
                 usually
                 till
                 two
                 or
                 three
                 in
                 the
                 morning
                 ,
                 you
                 had
                 guards
                 about
                 you
                 ;
                 he
                 saith
                 further
                 ,
                 that
                 Ireton
                 being
                 a
                 Domestick
                 ,
                 he
                 often
                 discoursed
                 with
                 him
                 ,
                 and
                 you
                 came
                 sometimes
                 to
                 be
                 there
                 too
                 ,
                 that
                 there
                 being
                 some
                 discourse
                 concerning
                 the
                 King
                 many
                 times
                 he
                 did
                 assert
                 the
                 Law
                 concerning
                 him
                 ,
                 that
                 he
                 was
                 
                   solutus
                   legibus
                
                 as
                 to
                 his
                 person
                 ;
                 that
                 you
                 should
                 say
                 ,
                 that
                 it
                 was
                 an
                 unequal
                 law
                 ,
                 and
                 that
                 you
                 did
                 then
                 discourse
                 fully
                 against
                 the
                 K.
                 Government
                 :
                 you
                 said
                 he
                 was
                 a
                 Tyrant
                 and
                 not
                 fit
                 for
                 that
                 office
                 ,
                 that
                 the
                 office
                 was
                 useless
                 ,
                 chargeable
                 and
                 dangerous
                 ;
                 these
                 very
                 words
                 he
                 observed
                 ,
                 which
                 afterwards
                 were
                 printed
                 ,
                 when
                 they
                 took
                 away
                 Monarchy
                 .
                 He
                 saith
                 
                 further
                 ,
                 that
                 was
                 their
                 full
                 and
                 whole
                 discourse
                 ;
                 he
                 saith
                 ,
                 that
                 his
                 Father
                 at
                 Supper
                 used
                 to
                 say
                 that
                 usual
                 Grace
                 ,
                 
                   God
                   save
                   the
                   King
                   ,
                   Prince
                   and
                   Realm
                   ,
                
                 but
                 afterwards
                 ,
                 that
                 he
                 heard
                 the
                 King
                 was
                 made
                 a
                 Prisoner
                 ,
                 that
                 his
                 Father
                 altering
                 the
                 Grace
                 ,
                 he
                 said
                 ,
                 
                   God
                   save
                   his
                   most
                   Excellent
                   Majesty
                   ,
                   and
                   deliver
                   him
                   out
                   of
                   all
                   his
                   Enemies
                   hands
                   ,
                
                 you
                 rose
                 up
                 ,
                 and
                 said
                 ,
                 old
                 Gentleman
                 your
                 Idol
                 will
                 not
                 stand
                 long
                 .
                 That
                 he
                 did
                 observe
                 you
                 often
                 with
                 them
                 ;
                 he
                 saith
                 further
                 ,
                 when
                 Bacon
                 was
                 coming
                 out
                 ,
                 and
                 speaking
                 some
                 words
                 concerning
                 your
                 frequent
                 affronting
                 the
                 King
                 ,
                 you
                 took
                 up
                 a
                 staff
                 and
                 were
                 ready
                 to
                 beat
                 him
                 ,
                 and
                 made
                 an
                 uproar
                 :
                 it
                 appears
                 also
                 of
                 your
                 being
                 privy
                 to
                 Cromwels
                 actions
                 ;
                 the
                 next
                 witness
                 is
                 Walkeley
                 ,
                 and
                 he
                 swears
                 this
                 against
                 you
                 ,
                 that
                 he
                 was
                 in
                 the
                 Painted
                 Chamber
                 the
                 next
                 day
                 after
                 the
                 Proclamation
                 was
                 made
                 ,
                 and
                 there
                 he
                 saw
                 
                   John
                   Goodwin
                
                 and
                 You
                 ,
                 and
                 there
                 was
                 an
                 assembly
                 ,
                 and
                 at
                 the
                 middle
                 of
                 the
                 Table
                 
                   John
                   Goodwin
                
                 was
                 ,
                 and
                 made
                 a
                 long
                 speech
                 or
                 prayer
                 ,
                 that
                 Cromwel
                 would
                 have
                 had
                 the
                 people
                 stay
                 there
                 ,
                 but
                 it
                 was
                 ordered
                 they
                 should
                 be
                 turned
                 out
                 ,
                 at
                 the
                 end
                 he
                 saw
                 you
                 come
                 out
                 with
                 the
                 rest
                 ;
                 there
                 it
                 appeared
                 you
                 were
                 in
                 the
                 consultation
                 ;
                 he
                 saith
                 ,
                 he
                 met
                 the
                 Army
                 at
                 St.
                 
                 James's
                 ,
                 and
                 there
                 ,
                 when
                 they
                 were
                 half
                 past
                 ,
                 he
                 saw
                 the
                 King
                 in
                 his
                 Coach
                 ,
                 and
                 there
                 he
                 saw
                 Mr.
                 Peters
                 like
                 Bishop
                 Almoner
                 riding
                 immediately
                 before
                 the
                 King
                 ;
                 and
                 at
                 St.
                 
                 James's
                 Park
                 he
                 saw
                 you
                 marshalling
                 the
                 Souldiers
                 ,
                 that
                 he
                 was
                 forced
                 thereupon
                 to
                 go
                 about
                 ;
                 he
                 saith
                 further
                 ,
                 that
                 within
                 a
                 year
                 or
                 two
                 after
                 the
                 Army
                 was
                 raised
                 ,
                 he
                 heard
                 you
                 say
                 these
                 words
                 ,
                 If
                 we
                 can
                 keep
                 up
                 our
                 Army
                 seven
                 years
                 longer
                 ,
                 we
                 need
                 not
                 care
                 for
                 the
                 King
                 and
                 all
                 his
                 posterity
                 .
              
            
             
               
                 Peters
                 .
              
               
                 My
                 Lord
                 ,
                 I
                 must
                 deny
                 abundance
                 of
                 this
                 ,
                 the
                 King
                 commanded
                 me
                 to
                 ride
                 before
                 him
                 ,
                 that
                 the
                 Bishop
                 of
                 London
                 might
                 come
                 to
                 him
                 .
              
            
             
               
                 L.
                 Ch.
                 B.
                 
              
               
                 But
                 this
                 was
                 three
                 weeks
                 after
                 —
                 The
                 next
                 witness
                 against
                 you
                 is
                 one
                 Proctor
                 ,
                 he
                 saith
                 ,
                 that
                 day
                 (
                 as
                 the
                 other
                 witness
                 did
                 )
                 he
                 saw
                 you
                 riding
                 just
                 before
                 the
                 Kings
                 Coach
                 ,
                 and
                 because
                 he
                 did
                 his
                 duty
                 the
                 Souldiers
                 threw
                 
                 him
                 horse
                 and
                 all
                 into
                 a
                 ditch
                 .
                 The
                 next
                 witness
                 is
                 one
                 
                   Hardwick
                   ▪
                
                 he
                 saith
                 ,
                 that
                 when
                 the
                 Proclamation
                 was
                 read
                 ,
                 he
                 saw
                 you
                 in
                 
                 Westminster-Hall
                 ,
                 and
                 that
                 you
                 said
                 ,
                 they
                 had
                 done
                 as
                 good
                 as
                 nothing
                 ,
                 unless
                 it
                 was
                 proclaimed
                 in
                 Cheapside
                 ,
                 and
                 at
                 the
                 old
                 Exchange
                 ,
                 this
                 you
                 said
                 to
                 some
                 of
                 the
                 Officers
                 there
                 .
              
            
             
               
                 Peters
                 .
              
               
                 My
                 Lord
                 ,
                 I
                 cannot
                 acknowledge
                 it
                 .
              
            
             
               
                 L.
                 Ch.
                 Bar.
                 
              
               
                 The
                 next
                 witness
                 against
                 you
                 is
                 Simson
                 ,
                 he
                 swears
                 he
                 saw
                 you
                 in
                 consultation
                 with
                 
                   Oliver
                   Cromwel
                
                 and
                 take
                 Sir
                 
                   William
                   Brereton
                
                 by
                 the
                 hand
                 ,
                 and
                 come
                 to
                 Bradshaws
                 ,
                 and
                 this
                 during
                 the
                 time
                 of
                 the
                 Kings
                 Tryal
                 ,
                 he
                 saith
                 further
                 ,
                 that
                 one
                 day
                 when
                 the
                 King
                 was
                 at
                 his
                 Tryal
                 you
                 commanded
                 Colonel
                 Stubbers
                 to
                 bid
                 his
                 Souldiers
                 cry
                 out
                 ,
                 
                   Justice
                   ,
                   Justice
                
                 ,
                 which
                 they
                 cryed
                 ,
                 and
                 afterwards
                 some
                 of
                 the
                 Souldiers
                 spit
                 upon
                 the
                 King.
                 
              
            
             
               
                 Peters
                 .
              
               
                 I
                 do
                 believe
                 that
                 he
                 that
                 swore
                 that
                 ,
                 cannot
                 say
                 I
                 was
                 there
                 .
              
            
             
               
                 L.
                 Ch.
                 Bar.
                 
              
               
                 Another
                 witness
                 is
                 one
                 Richardson
                 ,
                 who
                 saw
                 you
                 the
                 first
                 day
                 in
                 the
                 Court
                 ;
                 and
                 he
                 said
                 further
                 ,
                 that
                 you
                 commended
                 Bradshaw
                 and
                 another
                 ,
                 to
                 wit
                 ,
                 Cook
                 ,
                 for
                 their
                 carriage
                 in
                 the
                 tryal
                 of
                 the
                 King.
                 That
                 you
                 held
                 up
                 your
                 hands
                 ,
                 and
                 said
                 ,
                 this
                 is
                 a
                 most
                 glorious
                 beginning
                 of
                 the
                 work
                 .
              
            
             
               
                 Peters
                 .
              
               
                 Whereabouts
                 in
                 the
                 Court
                 ?
              
            
             
               
                 Richards
                 .
              
               
                 In
                 the
                 body
                 of
                 the
                 Court
                 ,
                 called
                 then
                 the
                 High
                 Court
                 of
                 Justice
                 .
              
            
             
               
                 Peters
                 .
              
               
                 My
                 Lord
                 ,
                 I
                 do
                 not
                 know
                 that
                 ever
                 I
                 was
                 in
                 the
                 body
                 of
                 the
                 Court.
                 
              
            
             
               
                 L.
                 Ch.
                 Bar.
                 
              
               
                 The
                 next
                 witness
                 is
                 Sir
                 
                   Jeremy
                   Whitchcot
                
                 ,
                 he
                 saith
                 ,
                 he
                 heard
                 you
                 often
                 speak
                 scurrilously
                 of
                 the
                 King
                 ,
                 and
                 making
                 a
                 Narrative
                 of
                 Cromwels
                 escape
                 ,
                 you
                 said
                 there
                 was
                 a
                 meeting
                 ,
                 and
                 
                   there
                   we
                   resolved
                   to
                   set
                   aside
                   the
                   King
                
                 ;
                 remember
                 what
                 the
                 other
                 witness
                 said
                 ;
                 we
                 agreed
                 ,
                 and
                 here
                 we
                 resolved
                 :
                 you
                 said
                 ,
                 I
                 cannot
                 but
                 reverence
                 the
                 High
                 Court
                 of
                 Justice
                 ,
                 it
                 doth
                 resemble
                 the
                 judging
                 of
                 the
                 world
                 at
                 the
                 last
                 day
                 by
                 the
                 Saints
                 ,
                 so
                 it
                 was
                 the
                 Saints
                 that
                 sate
                 there
                 :
                 I
                 would
                 have
                 preached
                 before
                 the
                 wretch
                 ,
                 but
                 the
                 poor
                 wretch
                 would
                 not
                 hear
                 me
                 :
                 you
                 often
                 call'd
                 him
                 Tyrant
                 ,
                 I
                 cannot
                 possibly
                 remember
                 the
                 place
                 ,
                 things
                 or
                 words
                 
                 that
                 are
                 alledged
                 .
                 Then
                 you
                 have
                 another
                 witness
                 Nonnelly
                 ,
                 he
                 saith
                 ,
                 he
                 came
                 with
                 a
                 warrant
                 to
                 
                   Oliver
                   Cromwel
                
                 for
                 some
                 money
                 ,
                 and
                 that
                 he
                 should
                 say
                 ,
                 go
                 and
                 see
                 the
                 beheading
                 of
                 the
                 King
                 at
                 Whitehall
                 ,
                 he
                 saith
                 ,
                 there
                 he
                 met
                 with
                 you
                 ,
                 (
                 though
                 you
                 said
                 you
                 were
                 not
                 there
                 that
                 day
                 )
                 going
                 to
                 the
                 Banquetting
                 house
                 ,
                 that
                 you
                 spoke
                 to
                 Tench
                 and
                 whispered
                 in
                 his
                 ear
                 ,
                 and
                 that
                 Tench
                 went
                 and
                 knockt
                 Staples
                 on
                 the
                 Scaffold
                 ;
                 he
                 meeting
                 Tench
                 said
                 ,
                 what
                 are
                 you
                 a
                 Hangman
                 ?
                 saith
                 Tench
                 ,
                 this
                 day
                 will
                 be
                 a
                 happy
                 day
                 ;
                 he
                 saith
                 ,
                 after
                 all
                 this
                 
                   Hugh
                   Peters
                
                 was
                 upon
                 the
                 Scaffold
                 ,
                 and
                 that
                 he
                 went
                 out
                 with
                 the
                 Hangman
                 —
              
            
             
               
                 Peters
                 .
              
               
                 I
                 do
                 profess
                 to
                 your
                 Lordships
                 before
                 Angels
                 and
                 men
                 ,
                 that
                 I
                 did
                 not
                 stir
                 out
                 of
                 my
                 Chamber
                 that
                 day
                 .
              
            
             
               
                 L.
                 Ch.
                 B.
                 
              
               
                 The
                 Council
                 doth
                 not
                 put
                 relyance
                 upon
                 that
                 ,
                 because
                 of
                 what
                 your
                 witness
                 saith
                 ,
                 though
                 his
                 evidence
                 is
                 not
                 at
                 all
                 satisfactory
                 .
                 The
                 next
                 is
                 Clough
                 ,
                 and
                 he
                 swears
                 this
                 ,
                 that
                 he
                 saw
                 you
                 in
                 the
                 Painted
                 Chamber
                 with
                 the
                 Council
                 of
                 Officers
                 ,
                 and
                 there
                 you
                 desired
                 them
                 to
                 call
                 on
                 God
                 for
                 a
                 blessing
                 upon
                 their
                 business
                 ,
                 and
                 there
                 you
                 said
                 ,
                 O
                 Lord
                 what
                 a
                 mercy
                 it
                 is
                 to
                 see
                 this
                 great
                 City
                 fall
                 down
                 before
                 us
                 ,
                 and
                 what
                 a
                 stir
                 is
                 there
                 to
                 bring
                 this
                 great
                 man
                 to
                 tryal
                 ,
                 without
                 whose
                 blood
                 he
                 will
                 turn
                 us
                 all
                 into
                 blood
                 if
                 he
                 reign
                 again
                 ,
                 and
                 this
                 was
                 about
                 a
                 month
                 before
                 the
                 King
                 was
                 murthered
                 .
              
            
             
               
                 L.
                 Ch.
                 Bar.
                 
              
               
                 You
                 hear
                 it
                 Mr.
                 Peters
                 .
              
            
             
               
                 Peters
                 .
              
               
                 Some
                 part
                 I
                 did
                 ,
                 but
                 it
                 is
                 impossible
                 for
                 me
                 to
                 bear
                 down
                 many
                 witnesses
                 ,
                 indeed
                 my
                 Lord
                 ,
                 I
                 say
                 this
                 ,
                 they
                 are
                 marvellous
                 uncharitable
                 ,
                 and
                 speak
                 many
                 false
                 things
                 .
              
            
             
               
                 L.
                 Ch.
                 Bar.
                 
              
               
                 The
                 next
                 is
                 this
                 ,
                 the
                 testimony
                 concerning
                 several
                 Sermons
                 of
                 yours
                 ;
                 and
                 let
                 me
                 tell
                 you
                 ,
                 the
                 Pulpit
                 ought
                 not
                 to
                 be
                 a
                 place
                 where
                 men
                 with
                 impunity
                 may
                 speak
                 any
                 thing
                 ,
                 what
                 they
                 list
                 of
                 Sedition
                 and
                 Treason
                 .
              
            
             
               
                 Peters
                 .
              
               
                 I
                 am
                 of
                 the
                 same
                 judgement
                 my self
                 ,
                 my
                 Lord.
                 
              
            
             
               
                 L.
                 Ch.
                 Bar.
                 
              
               
                 And
                 there
                 was
                 a
                 solemn
                 day
                 to
                 seek
                 God
                 ,
                 then
                 you
                 preached
                 at
                 St.
                 Margarets
                 Church
                 ,
                 this
                 was
                 Mr.
                 Bever
                 ,
                 in
                 he
                 came
                 and
                 heard
                 you
                 talk
                 much
                 of
                 Barab
                 .
                 and
                 our
                 Saviour
                 ,
                 there
                 you
                 fell
                 upon
                 this
                 ,
                 speaking
                 of
                 the
                 K.
                 it
                 is
                 a
                 sad
                 thing
                 that
                 it
                 should
                 now
                 be
                 a
                 question
                 ,
                 whether
                 we
                 should
                 crucifie
                 our
                 Saviour
                 Jesus
                 Christ
                 ,
                 or
                 that
                 great
                 Barabbas
                 ,
                 speaking
                 of
                 
                 the
                 King
                 ;
                 you
                 call'd
                 him
                 Traytor
                 ,
                 Tyrant
                 ,
                 Murtherer
                 of
                 his
                 subjects
                 ,
                 and
                 the
                 like
                 ,
                 you
                 went
                 on
                 in
                 a
                 way
                 of
                 a
                 story
                 ,
                 these
                 Citizens
                 for
                 a
                 little
                 Trading
                 they
                 will
                 have
                 Christ
                 crucified
                 ,
                 and
                 the
                 great
                 Barabbas
                 at
                 Windsor
                 released
                 ,
                 and
                 said
                 you
                 ,
                 the
                 Clergy
                 ,
                 the
                 Assembly
                 ,
                 they
                 are
                 all
                 for
                 crucifying
                 Christ
                 and
                 releasing
                 Barabbas
                 ;
                 you
                 made
                 that
                 expression
                 ,
                 
                   O
                   Jesus
                   ,
                   what
                   shall
                   we
                   do
                   ?
                
                 the
                 King
                 was
                 a
                 Prisoner
                 then
                 at
                 Windsor
                 ,
                 you
                 made
                 your
                 application
                 to
                 the
                 Parliament
                 that
                 was
                 then
                 present
                 ,
                 you
                 told
                 them
                 the
                 people
                 did
                 expect
                 Justice
                 from
                 them
                 ,
                 you
                 must
                 not
                 prefer
                 the
                 great
                 Tyrant
                 and
                 Traytor
                 ,
                 naming
                 the
                 King
                 ,
                 to
                 these
                 poor
                 hearts
                 (
                 the
                 Redcoats
                 standing
                 by
                 .
                 )
              
            
             
               
                 Peters
                 .
              
               
                 I
                 must
                 profess
                 against
                 most
                 of
                 that
                 .
              
            
             
               
                 Lord
                 Chief
                 Baron
                 .
              
               
                 There
                 is
                 the
                 same
                 by
                 others
                 .
                 It
                 is
                 further
                 proved
                 by
                 the
                 Order
                 that
                 you
                 were
                 appointed
                 to
                 preach
                 .
              
            
             
               
                 Peters
                 .
              
               
                 I
                 do
                 not
                 deny
                 I
                 preached
                 ,
                 but
                 not
                 these
                 things
                 .
              
            
             
               
                 Lord
                 Chief
                 Bar.
                 
              
               
                 The
                 next
                 thing
                 is
                 this
                 ,
                 there
                 was
                 one
                 Mr.
                 Chase
                 ,
                 this
                 was
                 during
                 the
                 tryal
                 ,
                 he
                 saith
                 you
                 preached
                 at
                 Whitehall
                 upon
                 this
                 Text
                 ,
                 the
                 149.
                 
                 
                   Psalm
                   ,
                   to
                   bind
                   their
                   Kings
                   in
                   chains
                   ,
                   and
                   their
                   Nobles
                   in
                   fetters
                   of
                   iron
                   :
                
                 you
                 had
                 two
                 or
                 three
                 other
                 verses
                 more
                 ;
                 then
                 you
                 made
                 a
                 discourse
                 of
                 a
                 Major
                 and
                 a
                 Bishops
                 man
                 ,
                 the
                 Bishops
                 man
                 being
                 drunk
                 ,
                 the
                 Major
                 committed
                 him
                 to
                 prison
                 ,
                 the
                 Bishop
                 being
                 angry
                 ,
                 asked
                 by
                 what
                 authority
                 ,
                 the
                 Major
                 said
                 ,
                 there
                 was
                 an
                 Act
                 of
                 Parliament
                 for
                 it
                 ,
                 he
                 did
                 not
                 find
                 that
                 either
                 the
                 Bishop
                 or
                 his
                 man
                 was
                 excepted
                 ,
                 you
                 applyed
                 that
                 to
                 the
                 King
                 ,
                 said
                 you
                 ,
                 I
                 will
                 shew
                 you
                 an
                 act
                 of
                 the
                 Bible
                 ,
                 
                   Whosoever
                   sheds
                   mans
                   blood
                   ,
                   by
                   man
                   shall
                   his
                   blood
                   be
                   shed
                   ,
                
                 this
                 doth
                 not
                 except
                 the
                 King
                 ,
                 Prince
                 ,
                 Prince
                 Rupert
                 ,
                 Prince
                 Maurice
                 ,
                 or
                 any
                 of
                 that
                 rabble
                 .
              
            
             
               
                 Peters
                 .
              
               
                 It
                 is
                 false
                 .
              
            
             
               
                 Lord
                 Chief
                 Baron
                 .
              
               
                 You
                 said
                 further
                 ,
                 This
                 is
                 the
                 day
                 that
                 I
                 and
                 many
                 other
                 Saints
                 of
                 God
                 have
                 prayed
                 for
                 these
                 many
                 years
                 ;
                 and
                 
                   Oliver
                   Cromwel
                
                 laughed
                 at
                 that
                 time
                 .
                 The
                 next
                 witness
                 was
                 Tongue
                 ,
                 he
                 heard
                 you
                 preach
                 ,
                 and
                 he
                 swears
                 the
                 same
                 with
                 the
                 former
                 ;
                 that
                 you
                 applauded
                 the
                 souldiers
                 ,
                 and
                 that
                 you
                 hoped
                 to
                 see
                 such
                 another
                 day
                 following
                 ,
                 as
                 
                 the
                 day
                 before
                 ,
                 and
                 that
                 blessed
                 be
                 God
                 the
                 house
                 is
                 purged
                 ,
                 and
                 the
                 Lords
                 will
                 be
                 shortly
                 pull'd
                 out
                 ;
                 and
                 the
                 twenty
                 eighth
                 day
                 of
                 January
                 ,
                 which
                 was
                 the
                 day
                 after
                 the
                 King
                 was
                 sentenced
                 ,
                 at
                 Saint
                 
                 James's
                 his
                 Chappel
                 ,
                 you
                 took
                 for
                 your
                 Text
                 the
                 149.
                 
                 Psalm
                 ,
                 the
                 6
                 ,
                 7
                 ,
                 8
                 and
                 9
                 verses
                 ,
                 whereof
                 these
                 words
                 were
                 part
                 ,
                 
                   To
                   bind
                   their
                   Kings
                   in
                   chains
                   ,
                   and
                   their
                   Nobles
                   with
                   fetters
                   of
                   iron
                   ,
                
                 there
                 in
                 the
                 middle
                 of
                 that
                 Sermon
                 having
                 spoken
                 before
                 of
                 the
                 King
                 ,
                 you
                 said
                 you
                 did
                 intend
                 to
                 preach
                 before
                 the
                 
                   poor
                   wretch
                
                 ,
                 upon
                 the
                 14
                 of
                 Isaiah
                 the
                 18
                 ,
                 19
                 and
                 20
                 verses
                 ,
                 speaking
                 of
                 all
                 the
                 Kings
                 of
                 the
                 nations
                 ,
                 
                   Thou
                   art
                   cast
                   out
                   of
                   thy
                   grave
                   like
                   an
                   abominable
                   branch
                   ,
                   &c.
                
                 he
                 saith
                 further
                 ,
                 you
                 said
                 look
                 upon
                 your
                 lesser
                 Bibles
                 ,
                 and
                 you
                 will
                 find
                 the
                 title
                 is
                 ,
                 
                   The
                   Tyrants
                   fall
                
                 .
                 There
                 is
                 another
                 witness
                 ,
                 that
                 is
                 one
                 Bowdler
                 ,
                 a
                 few
                 days
                 before
                 the
                 Kings
                 death
                 ,
                 at
                 
                   S.
                   Sepulchres
                
                 ,
                 there
                 you
                 fell
                 upon
                 the
                 old
                 comparison
                 ,
                 all
                 along
                 you
                 compared
                 the
                 King
                 to
                 Barabbas
                 ,
                 and
                 that
                 a
                 great
                 many
                 would
                 have
                 Christ
                 crucified
                 ,
                 and
                 Barabbas
                 released
                 ,
                 all
                 along
                 comparing
                 the
                 King
                 to
                 Barabbas
                 .
                 One
                 more
                 ,
                 and
                 that
                 was
                 Ryder
                 ,
                 he
                 heard
                 this
                 text
                 ,
                 
                   He
                   shall
                   call
                   his
                   name
                   Emanuel
                   ,
                
                 you
                 fell
                 to
                 speak
                 of
                 news
                 ,
                 what
                 shall
                 become
                 of
                 the
                 King
                 ?
                 and
                 you
                 said
                 the
                 King
                 was
                 Barabbas
                 ,
                 and
                 a
                 great
                 many
                 would
                 rather
                 have
                 Christ
                 crucified
                 than
                 Barabbas
                 .
                 And
                 then
                 Mr.
                 Walker
                 he
                 saith
                 ,
                 that
                 after
                 the
                 King
                 was
                 first
                 brought
                 to
                 his
                 tryal
                 ,
                 he
                 heard
                 you
                 say
                 this
                 ,
                 I
                 have
                 prayed
                 and
                 preached
                 this
                 twenty
                 years
                 ,
                 and
                 now
                 may
                 I
                 say
                 with
                 old
                 
                   Simeon
                   ,
                   Lord
                   now
                   lettest
                   thou
                   thy
                   servant
                   depart
                   in
                   peace
                   ,
                   for
                   mine
                   eyes
                   have
                   seen
                   thy
                   salvation
                   :
                
                 he
                 mentions
                 that
                 you
                 made
                 use
                 of
                 the
                 other
                 comparison
                 of
                 the
                 Major
                 and
                 the
                 Bishops
                 man
                 ,
                 and
                 inferred
                 from
                 thence
                 ,
                 that
                 the
                 King
                 and
                 Prince
                 ,
                 &c.
                 were
                 not
                 excepted
                 out
                 of
                 the
                 Scripture
                 ,
                 where
                 it
                 is
                 said
                 ,
                 
                   Whosoever
                   sheds
                   mans
                   blood
                   ,
                   &c.
                
                 you
                 have
                 heard
                 all
                 this
                 witnessed
                 against
                 you
                 ,
                 what
                 have
                 you
                 to
                 say
                 for
                 your self
                 ?
              
            
             
               
                 Peters
                 .
              
               
                 These
                 are
                 but
                 single
                 witnesses
                 .
              
            
             
               
                 Lord
                 Chief
                 Baron
                 .
              
               
                 The
                 statute
                 is
                 two
                 witnesses
                 for
                 Treason
                 ,
                 but
                 not
                 two
                 to
                 one
                 individual
                 thing
                 ,
                 though
                 there
                 are
                 several
                 witnesses
                 have
                 proved
                 the
                 same
                 thing
                 about
                 Barabbas
                 and
                 our
                 Saviour
                 .
                 Bind
                 their
                 Kings
                 with
                 chains
                 ,
                 &c.
                 and
                 
                 of
                 your
                 other
                 actions
                 there
                 is
                 a
                 whole
                 Jury
                 of
                 witnesses
                 ,
                 two
                 witnesses
                 expresly
                 ,
                 we
                 agreed
                 upon
                 the
                 Kings
                 death
                 ,
                 and
                 we
                 resolved
                 to
                 set
                 the
                 King
                 aside
                 .
              
            
             
               
                 Pet.
                 
              
               
                 I
                 do
                 not
                 know
                 the
                 witnesses
                 .
              
            
             
               
                 Lord
                 Chief
                 Baron
                 .
              
               
                 One
                 is
                 Sir
                 
                   Jeremy
                   Whitchcot
                
                 ,
                 the
                 other
                 is
                 Doctor
                 Young
                 ,
                 you
                 shall
                 do
                 well
                 if
                 you
                 have
                 any
                 thing
                 to
                 say
                 to
                 invalid
                 these
                 witnesses
                 to
                 speak
                 to
                 it
                 ,
                 else
                 the
                 Jury
                 will
                 be
                 sent
                 together
                 to
                 deliver
                 up
                 their
                 verdict
                 .
              
            
             
               
                 Peters
                 .
              
               
                 My
                 Lord
                 ,
                 if
                 I
                 had
                 time
                 and
                 opportunity
                 ,
                 I
                 could
                 take
                 off
                 many
                 of
                 the
                 witnesses
                 ,
                 but
                 because
                 their
                 testimony
                 is
                 without
                 control
                 ,
                 I
                 cannot
                 satisfie
                 my self
                 ,
                 I
                 have
                 no
                 skill
                 in
                 the
                 Law
                 ,
                 else
                 I
                 might
                 have
                 spoke
                 for
                 my self
                 ;
                 I
                 do
                 not
                 know
                 what
                 to
                 say
                 more
                 ,
                 unless
                 I
                 had
                 more
                 time
                 and
                 counsel
                 .
              
            
             
               
                 Mr.
                 Soll.
                 Gen.
                 
              
               
                 If
                 the
                 prisoner
                 can
                 say
                 no
                 more
                 ,
                 here
                 is
                 this
                 in
                 it
                 ,
                 here
                 are
                 five
                 places
                 where
                 he
                 did
                 consult
                 about
                 the
                 Kings
                 death
                 ,
                 at
                 Windsor
                 ,
                 at
                 Ware
                 ,
                 in
                 Colemanstreet
                 ,
                 in
                 the
                 
                   Painted
                   Chamber
                
                 ,
                 and
                 in
                 Bradshaws
                 house
                 ;
                 and
                 four
                 witnesses
                 to
                 prove
                 this
                 ;
                 there
                 are
                 two
                 witnesses
                 to
                 his
                 comparison
                 of
                 the
                 K.
                 and
                 Barabbas
                 ,
                 and
                 two
                 witnesses
                 to
                 his
                 text
                 of
                 binding
                 their
                 K.
                 inchains
                 ,
                 &c.
                 proof
                 that
                 he
                 hath
                 been
                 in
                 action
                 in
                 New-Eng
                 .
                 that
                 he
                 came
                 from
                 it
                 with
                 that
                 intent
                 ,
                 and
                 then
                 went
                 to
                 Holland
                 ,
                 that
                 he
                 had
                 been
                 in
                 arms
                 ,
                 that
                 he
                 called
                 the
                 day
                 of
                 his
                 Majesties
                 tryal
                 a
                 glorious
                 day
                 ,
                 resembling
                 the
                 judging
                 of
                 the
                 world
                 by
                 Saints
                 ,
                 he
                 prays
                 for
                 this
                 in
                 the
                 
                   Painted
                   Chamber
                
                 ,
                 preaches
                 for
                 it
                 at
                 Whitehall
                 ,
                 S.
                 
                 James's
                 Chapel
                 ,
                 Sepulchres
                 ,
                 what
                 man
                 could
                 more
                 contrive
                 the
                 death
                 of
                 the
                 King
                 than
                 this
                 miserable
                 Priest
                 hath
                 done
                 ?
                 the
                 honour
                 of
                 the
                 Pulpit
                 is
                 to
                 be
                 vindicated
                 ,
                 and
                 the
                 death
                 of
                 this
                 man
                 will
                 preach
                 better
                 than
                 his
                 life
                 did
                 ,
                 it
                 may
                 be
                 a
                 means
                 to
                 convert
                 many
                 a
                 miserable
                 person
                 whom
                 the
                 preaching
                 of
                 this
                 person
                 hath
                 seduced
                 ,
                 for
                 many
                 come
                 here
                 ,
                 and
                 say
                 they
                 did
                 it
                 
                   in
                   the
                   fear
                   of
                   the
                   Lord
                   ,
                
                 and
                 now
                 you
                 see
                 who
                 taught
                 them
                 ,
                 and
                 I
                 hope
                 you
                 will
                 make
                 an
                 example
                 of
                 this
                 carnal
                 prophet
                 .
              
            
             
               
               The
               Jury
               went
               together
               and
               after
               a
               little
               consultation
               settled
               in
               their
               places
               .
            
             
               
                 Cl.
                 
              
               
                 Are
                 you
                 agreed
                 in
                 your
                 Verdict
                 ?
              
            
             
               
                 Jury
                 ,
              
               
                 Yes
                 .
              
            
             
               
                 Cl.
                 
              
               
                 Who
                 shall
                 say
                 for
                 you
                 ?
              
            
             
               
                 Jury
                 .
              
               
                 Our
                 foreman
                 .
              
            
             
               
                 Cl.
                 
              
               
                 How
                 say
                 you
                 ,
                 is
                 the
                 prisoner
                 at
                 the
                 Bar
                 guilty
                 of
                 the
                 Treason
                 whereof
                 he
                 stands
                 indicted
                 ,
                 or
                 not
                 guilty
                 ?
              
            
             
               
                 Foreman
                 .
              
               
                 Guilty
                 .
              
            
             
               
                 Cl.
                 
              
               
                 And
                 so
                 you
                 say
                 all
                 ?
              
            
             
               
                 Jury
                 .
              
               
                 Yes
                 .
              
            
             
               
                 Cl.
                 
              
               
                 Look
                 to
                 him
                 Keeper
                 .
              
            
             
               
                 Coun.
                 
              
               
                 We
                 desire
                 Mr.
                 Cook
                 may
                 be
                 brought
                 to
                 the
                 Bar
                 ,
                 and
                 that
                 they
                 may
                 both
                 have
                 their
                 judgement
                 pronounced
                 .
              
            
             
               
                 Cl.
                 
              
               
                 
                   John
                   Cook
                
                 hold
                 up
                 thy
                 hand
                 ,
                 what
                 hast
                 thou
                 to
                 say
                 why
                 the
                 Court
                 should
                 not
                 pronounce
                 judgement
                 for
                 thee
                 to
                 dye
                 according
                 to
                 Law
                 ?
              
            
             
               
                 Cook.
                 
              
               
                 I
                 have
                 a
                 few
                 words
                 ,
                 matter
                 of
                 Law
                 :
                 First
                 ,
                 there
                 is
                 no
                 averment
                 in
                 the
                 Indictment
                 that
                 
                   J.
                   Cook
                
                 mentioned
                 in
                 the
                 Act
                 of
                 Indempnity
                 ,
                 is
                 the
                 same
                 with
                 the
                 
                   John
                   Cook
                
                 mentioned
                 in
                 the
                 Indictment
                 ,
                 and
                 that
                 I
                 am
                 the
                 
                   John
                   Cook
                
                 mentioned
                 in
                 both
                 .
              
            
             
               
                 L.
                 Ch.
                 Bar.
                 
              
               
                 This
                 will
                 not
                 help
                 you
                 in
                 this
                 case
                 ,
                 you
                 have
                 owned
                 and
                 have
                 pleaded
                 by
                 the
                 name
                 of
                 
                   John
                   Cook.
                
                 
              
            
             
               
                 Cook.
                 
              
               
                 The
                 second
                 is
                 this
                 ,
                 that
                 the
                 overt
                 acts
                 should
                 be
                 particularly
                 expressed
                 in
                 the
                 Indictment
                 .
              
            
             
               
                 L.
                 Ch.
                 Bar.
                 
              
               
                 This
                 cannot
                 be
                 alledged
                 in
                 arrest
                 of
                 judgement
                 ,
                 the
                 Jury
                 have
                 found
                 you
                 guilty
                 of
                 compassing
                 and
                 imagining
                 the
                 death
                 of
                 the
                 King
                 ,
                 by
                 the
                 statute
                 of
                 25
                 Edw.
                 3.
                 and
                 this
                 cannot
                 help
                 you
                 .
              
            
             
               
                 Cook.
                 
              
               
                 I
                 say
                 it
                 was
                 professionately
                 .
              
            
             
               
                 L.
                 Ch.
                 B.
                 
              
               
                 That
                 hath
                 been
                 overruled
                 already
                 ,
                 we
                 have
                 delivered
                 our
                 opinions
                 ;
                 the
                 profession
                 of
                 a
                 Lawyer
                 will
                 not
                 excuse
                 them
                 ,
                 or
                 any
                 of
                 them
                 from
                 Treason
                 ,
                 and
                 this
                 hath
                 been
                 overruled
                 and
                 is
                 overruled
                 again
                 .
              
            
             
               
                 Cook.
                 
              
               
                 I
                 humbly
                 conceive
                 that
                 the
                 remaining
                 part
                 of
                 the
                 House
                 of
                 Commons
                 were
                 to
                 be
                 Judges
                 whether
                 there
                 was
                 a
                 force
                 or
                 not
                 .
              
            
             
               
               
                 L.
                 Ch.
                 B.
                 
              
               
                 This
                 is
                 all
                 past
                 and
                 overruled
                 .
              
            
             
               
                 Cook.
                 
              
               
                 Then
                 I
                 have
                 no
                 more
                 .
              
            
             
               
                 Cl.
                 
              
               
                 
                   Hugh
                   Peters
                
                 ,
                 Hold
                 up
                 thy
                 hand
                 ,
                 what
                 hast
                 thou
                 to
                 say
                 for
                 thy self
                 why
                 Judgement
                 should
                 not
                 pass
                 against
                 thee
                 to
                 die
                 according
                 to
                 law
                 ?
              
            
             
               
                 Peters
                 .
              
               
                 I
                 will
                 submit
                 my self
                 to
                 God
                 ,
                 and
                 if
                 I
                 have
                 spoken
                 any
                 thing
                 against
                 the
                 Gospel
                 of
                 Christ
                 ,
                 I
                 am
                 heartily
                 sorry
                 .
              
            
             
               Silence
               Commanded
               .
            
             
               
                 L.
                 Ch.
                 Bar.
                 
              
               
                 You
                 are
                 both
                 persons
                 of
                 that
                 ingenuous
                 and
                 liberal
                 education
                 as
                 I
                 hope
                 I
                 shall
                 not
                 need
                 to
                 tell
                 you
                 what
                 it
                 is
                 to
                 die
                 ,
                 you
                 have
                 had
                 a
                 great
                 a
                 deal
                 of
                 time
                 to
                 think
                 of
                 it
                 ;
                 you
                 could
                 not
                 but
                 think
                 of
                 this
                 issue
                 of
                 your
                 doings
                 long
                 ago
                 ,
                 and
                 therefore
                 I
                 shall
                 spare
                 my
                 labour
                 of
                 telling
                 you
                 what
                 it
                 is
                 to
                 die
                 ,
                 and
                 of
                 that
                 eternity
                 that
                 you
                 are
                 to
                 enter
                 into
                 ,
                 only
                 give
                 me
                 leave
                 in
                 a
                 few
                 words
                 in
                 relation
                 to
                 both
                 of
                 your
                 professions
                 to
                 say
                 something
                 ,
                 to
                 shew
                 the
                 nature
                 and
                 hainousness
                 of
                 this
                 offence
                 ,
                 the
                 murther
                 of
                 the
                 King
                 ,
                 if
                 you
                 were
                 not
                 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
               of
               Injustice
               that
               was
               Erected
               for
               Tryal
               of
               the
               late
               King
               ,
               it
               had
               all
               the
               formalities
               of
               a
               Court
               to
               put
               in
               Execution
               that
               bloody
               Act
               ;
               they
               had
               their
               President
               ,
               their
               Council
               ,
               their
               Chaplain
               ,
               and
               their
               Guards
               :
               some
               of
               their
               Judges
               have
               been
               already
               Tryed
               ,
               one
               of
               their
               Council
               ,
               and
               their
               Chaplain
               .
               Now
               my
               Lord
               ,
               we
               come
               to
               the
               Guards
               ,
               and
               this
               Gentleman
               at
               the
               Bar
               ,
               that
               is
               now
               the
               Prisoner
               ,
               He
               was
               Commander
               of
               that
               Black
               Guard
               ,
               that
               cruel
               and
               bloody
               Guard
               :
               The
               Indictment
               is
               ,
               
                 That
                 he
                 did
                 Imagin
                 and
                 compass
                 the
                 Death
              
               of
               the
               King
               ;
               there
               be
               several
               overt
               acts
               that
               are
               mentioned
               in
               the
               Indictment
               as
               Evidences
               of
               that
               Imagination
               ,
               as
               the
               consultation
               to
               bring
               him
               to
               Tryal
               ,
               the
               Actual
               bringing
               him
               to
               Tryal
               ,
               and
               the
               Bloody
               Execution
               upon
               the
               Scaffold
               ;
               Our
               Evidence
               shall
               be
               this
               ,
               That
               during
               the
               time
               of
               the
               Tryal
               ,
               the
               Prisoner
               at
               the
               Bar
               did
               Command
               the
               Souldiers
               in
               
               Westminster-Hall
               ,
               himself
               did
               keep
               the
               Entrance
               into
               the
               Court
               ,
               and
               when
               Bradshaw
               did
               speak
               to
               the
               King
               and
               told
               him
               he
               trifled
               away
               time
               ,
               and
               required
               his
               answer
               
               to
               the
               charge
               exhibited
               in
               the
               Name
               of
               the
               Commons
               of
               England
               Assembled
               in
               Parliament
               ,
               and
               the
               good
               People
               of
               England
               ;
               that
               a
               Noble
               person
               in
               the
               Gallery
               there
               cryed
               out
               ,
               it
               was
               a
               Lye
               ,
               saying
               ,
               that
               above
               half
               the
               Commons
               disowned
               it
               ,
               saying
               ,
               where
               are
               these
               good
               people
               ?
               
                 it
                 is
                 a
                 lye
              
               ,
               Oliver
               Cromwel
               
                 is
                 a
                 Traytor
              
               ;
               this
               bloodly
               Fellow
               commanded
               the
               Souldiers
               to
               shoot
               her
               :
               he
               did
               several
               times
               command
               and
               encourage
               the
               Souldiers
               to
               cry
               out
               
                 Justice
                 ,
                 justice
              
               ;
               and
               the
               last
               day
               of
               that
               horrid
               Tryal
               ,
               called
               by
               them
               ,
               
                 the
                 day
                 of
                 Judgement
              
               ;
               he
               likewise
               commanded
               them
               to
               cry
               out
               
                 Execution
                 ,
                 Execution
              
               ,
               and
               when
               some
               of
               them
               would
               not
               do
               it
               ,
               he
               had
               the
               Valour
               to
               Beat
               them
               .
               My
               Lords
               and
               Gentlemen
               of
               the
               Jury
               ,
               if
               we
               prove
               any
               of
               these
               particulars
               to
               demonstrate
               unto
               you
               that
               he
               was
               Guilty
               of
               compassing
               and
               imagining
               the
               King's
               Death
               ,
               it
               is
               equal
               as
               if
               we
               had
               proved
               he
               did
               Actually
               cut
               off
               the
               King's
               head
               .
            
          
           
             Mr.
             Bodurdoe
             ,
             Mr.
             Nutly
             ,
             Mr.
             Harrington
             ,
             Sir
             Purback
             Temple
             ,
             Mr.
             Sympson
             ,
             Mr.
             Baker
             ,
             Mr.
             Huncks
             and
             Mr.
             Jeoner
             Sworn
             .
          
           
             
               Coun.
               
            
             
               Mr.
               Symp.
               tell
               my
               Lords
               and
               the
               Jury
               ,
               who
               had
               the
               command
               of
               the
               Souldiers
               during
               the
               Tryal
               of
               the
               King
               in
               Westminster-Hall
               .
            
          
           
             
               Sym.
               
            
             
               My
               Lords
               (
               as
               I
               said
               before
               in
               the
               Case
               of
               Mr.
               
                 Peters
                 ,
              
               )
               Col.
               Stubberd
               and
               Col.
               Axtel
               had
               the
               command
               of
               the
               Souldiers
               below
               Stairs
               ,
               near
               that
               which
               was
               called
               the
               
                 High
                 Court
                 of
                 Justice
              
               .
            
          
           
             
               Axtell
               .
            
             
               I
               desire
               to
               know
               his
               Name
               my
               Lord
               ?
            
          
           
             
               Sym.
               
            
             
               My
               Name
               is
               
                 Holland
                 Sympson
              
               .
            
          
           
             
               Coun.
               
            
             
               Did
               you
               see
               him
               there
               commanding
               the
               Souldiers
               ?
            
          
           
             
               Sym.
               
            
             
               There
               was
               a
               kind
               of
               a
               Hubbub
               in
               the
               Court
               ,
               there
               was
               a
               Lady
               (
               they
               said
               it
               was
               the
               Lady
               Fairfax
               )
               who
               at
               the
               Exhibiting
               of
               the
               Charge
               against
               the
               King
               ,
               said
               to
               be
               in
               the
               Name
               of
               the
               
                 Commons
                 and
                 people
                 of
                 England
              
               ;
               She
               spoke
               out
               aloud
               ,
               and
               said
               ,
               
                 it
                 was
                 a
                 lye
              
               ,
               that
               not
               half
               ,
               not
               a
               quarter
               of
               the
               people
               ,
               
                 Oliver
                 Comwell
              
               is
               a
               Rogue
               and
               a
               Traytor
               ;
               they
               called
               for
               a
               Guard
               ,
               this
               Gentleman
               he
               was
               called
               ,
               
               and
               brought
               up
               some
               Musqueteers
               ,
               and
               commanded
               his
               Souldiers
               to
               Present
               and
               give
               Fire
               against
               the
               Lady
               ,
               and
               commanded
               her
               to
               Unmask
               .
            
          
           
             
               Axtell
               .
            
             
               What
               Lady
               was
               it
               ,
               I
               desire
               to
               know
               ?
            
          
           
             
               Sim.
               
            
             
               She
               went
               by
               the
               name
               of
               the
               Lady
               Fairfax
               ,
               I
               know
               not
               whether
               it
               was
               so
               or
               no
               ,
               it
               was
               the
               common
               report
               it
               was
               she
               .
            
          
           
             
               Cl.
               
            
             
               Mr.
               H.
               pray
               tell
               my
               Lord
               what
               you
               know
               of
               the
               Prisoner
               at
               the
               Bar.
               
            
          
           
             
               Huncks
               .
            
             
               
                 My
                 Lord
              
               ,
               to
               say
               positively
               any
               thing
               of
               the
               man
               touching
               his
               command
               I
               cannot
               ,
               but
               only
               that
               morning
               the
               King
               Dyed
               he
               came
               into
               the
               Door
               of
               the
               Room
               where
               Colonel
               Phayre
               ,
               Colonel
               
                 Hacker
                 ,
                 Cromwell
              
               and
               my self
               were
               
                 (
                 Ireton
              
               and
               Harrison
               lying
               in
               bed
               together
               in
               the
               same
               Room
               )
               and
               then
               he
               stood
               at
               the
               Door
               half
               in
               and
               half
               out
               ;
               I
               refusing
               to
               Sign
               an
               Order
               for
               Executing
               the
               King
               as
               Cromwell
               ordered
               me
               ,
               and
               some
               little
               cross
               Language
               having
               passed
               ,
               saith
               the
               Prisoner
               at
               the
               Bar
               ,
               Colonel
               
                 Huncks
                 Iam
                 ashamed
                 of
                 you
                 ,
                 the
                 Ship
                 is
                 now
                 coming
                 into
                 the
                 Harbour
                 and
                 will
                 you
                 strike
                 Sayle
                 before
                 we
                 come
                 to
                 Anchor
                 .
              
               This
               I
               appeal
               to
               your self
               :
               but
               for
               crying
               out
               ,
               Knock
               them
               down
               ,
               Shoot
               them
               ,
               I
               know
               not
               who
               it
               was
               ,
               the
               Officers
               cryed
               Justice
               ,
               and
               some
               of
               the
               Souldiers
               ,
               but
               I
               profess
               I
               know
               not
               who
               it
               was
               particularly
               ,
               but
               they
               cryed
               Justice
               ,
               and
               then
               I
               fell
               a
               trembling
               ,
               for
               I
               was
               afraid
               of
               the
               King
               ;
               but
               these
               were
               the
               words
               he
               used
               to
               me
               ,
               
                 will
                 you
                 strike
                 sayle
              
               ,
               &c.
               
            
          
           
             
               Axtell
               .
            
             
               My
               Lord
               ,
               I
               desire
               to
               ask
               him
               a
               question
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               Ask
               him
               what
               you
               will.
               
            
          
           
             
               Axtell
               .
            
             
               If
               I
               am
               not
               in
               the
               right
               ,
               I
               hope
               your
               Lordships
               will
               direct
               me
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               Go
               on
               .
            
          
           
             
               Axtell
               .
            
             
               Col.
               Huncks
               ,
               where
               was
               it
               ?
            
          
           
             
               Huncks
               .
            
             
               In
               a
               little
               Room
               in
               
                 White
                 hall
              
               ,
               where
               Ireton
               and
               Harrison
               lay
               in
               bed
               together
               .
            
          
           
             
               Axtell
               .
            
             
               Do
               you
               know
               whereabouts
               ?
            
          
           
             
               Huncks
               .
            
             
               I
               think
               I
               can
               go
               to
               the
               Room
               ;
               I
               appeal
               to
               your
               own
               conscience
               before
               all
               this
               people
               .
            
          
           
             
               Axtell
               .
            
             
               By
               your
               favour
               Sir
               the
               Room
               I
               perceive
               you
               
               know
               not
               ,
               and
               truly
               Sir
               ,
               
                 My
                 Lord
              
               ,
               if
               you
               please
               to
               give
               me
               leave
               ,
               because
               he
               appeals
               to
               my
               conscience
               ,
               I
               do
               appeal
               to
               the
               Great
               God
               before
               whom
               it
               may
               be
               I
               may
               be
               Arraigned
               to
               give
               an
               account
               of
               all
               my
               Words
               ,
               thoughts
               and
               Actions
               ;
               I
               do
               not
               remember
               that
               ever
               I
               had
               any
               converse
               with
               this
               man
               there
               ,
               or
               met
               him
               there
               ,
               or
               any
               of
               that
               company
               there
               that
               day
               ,
               he
               was
               a
               stranger
               to
               me
               ,
               but
               I
               wish
               that
               you
               (
               to
               save
               your self
               being
               in
               the
               Warrant
               for
               Execution
               )
               do
               not
               make
               others
               a
               Peace-Offiring
               to
               save
               your self
               ,
               the
               Lord
               that
               knows
               my
               heart
               ,
               I
               appeal
               to
               him
               ,
               I
               appeal
               to
               your
               own
               conscience
               because
               you
               appeal
               to
               my
               conscience
               ,
               I
               never
               met
               you
               nor
               saw
               you
               there
               .
            
          
           
             
               Huncks
               .
            
             
               Have
               you
               done
               ?
               then
               give
               me
               leave
               ,
               you
               say
               you
               do
               not
               know
               me
               ,
               I
               appeal
               to
               the
               same
               God
               ,
               when
               Cromwell
               took
               upon
               him
               to
               have
               the
               Crown
               ,
               have
               not
               I
               said
               ,
               What
               have
               you
               got
               by
               being
               
               Jehu-like
               ,
               
                 Lord
                 strike
                 me
                 dead
                 here
                 if
                 it
                 be
                 not
                 true
                 .
              
            
          
           
             
               Axtell
               .
            
             
               I
               will
               not
               reflect
               upon
               him
               ,
               but
               because
               he
               hath
               appealed
               to
               my
               conscience
               ,
               therefore
               I
               speak
               it
               ,
               it
               is
               known
               Notoriously
               how
               
               Jehu-like
               you
               were
               ,
               when
               you
               were
               one
               of
               the
               chief
               Guards
               of
               his
               Majesty
               ,
               one
               of
               the
               Fourty
               Halberteers
               that
               did
               oppose
               every
               person
               then
               for
               the
               King
               ▪
               had
               I
               had
               time
               and
               had
               not
               been
               a
               close
               Prisoner
               as
               I
               was
               ,
               there
               were
               Witnesses
               enough
               .
            
          
           
             
               Council
               .
            
             
               This
               after
               our
               Evidence
               is
               more
               proper
               .
            
          
           
             
               Huncks
               .
            
             
               Spare
               me
               not
               Col.
               Axtell
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               Take
               the
               Old
               and
               Antient
               course
               ,
               let
               the
               Witnesses
               that
               are
               produced
               for
               the
               King
               be
               all
               heard
               ,
               then
               give
               your
               answer
               to
               all
               of
               them
               together
               .
            
          
           
             
               Axtell
               .
            
             
               My
               Memory
               is
               not
               very
               good
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               You
               have
               Pen
               ,
               Ink
               and
               Paper
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               Mr.
               Axtell
               ,
               is
               this
               all
               that
               you
               desire
               to
               speak
               to
               Col.
               Huncks
               ?
            
          
           
             
               Axtell
               .
            
             
               Yes
               my
               Lord.
               
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               Have
               you
               any
               other
               Questions
               ?
            
          
           
             
               Council
               .
            
             
               My
               Lord
               we
               have
               a
               few
               words
               ,
               he
               Objects
               as
               if
               Col.
               Huncks
               were
               under
               a
               danger
               ,
               he
               is
               pardoned
               .
            
          
           
             
             
               Axtell
               .
            
             
               I
               desire
               to
               ask
               him
               upon
               what
               account
               these
               words
               were
               spoke
               ?
            
          
           
             
               Huncks
               .
            
             
               My
               Lord
               it
               was
               this
               ;
               Cromwell
               having
               a
               Commission
               (
               which
               I
               think
               I
               heard
               read
               here
               )
               Colonel
               Hacker
               was
               reading
               of
               it
               ,
               My
               Lord
               ,
               Cromwell
               he
               comes
               to
               me
               and
               by
               Vertue
               of
               that
               Commission
               ,
               he
               would
               have
               me
               to
               write
               a
               Warrant
               for
               Executing
               the
               King.
               I
               refusing
               to
               write
               that
               Warrant
               (
               upon
               this
               which
               he
               speaks
               of
               that
               standing
               at
               the
               Door
               ,
               if
               God
               bless
               me
               I
               will
               search
               all
               the
               Doors
               at
               Whitehall
               but
               I
               will
               find
               it
               out
               )
               I
               not
               doing
               it
               ,
               I
               said
               why
               should
               it
               be
               offered
               to
               me
               ,
               sayes
               Cromwell
               thou
               art
               a
               peevish
               Fellow
               ,
               Cromwell
               fell
               a
               writing
               ,
               assoon
               as
               ever
               he
               had
               done
               that
               writing
               ,
               he
               gave
               Hacker
               the
               pen
               ,
               what
               Hacker
               writes
               I
               know
               not
               ,
               and
               upon
               my
               refusing
               ,
               this
               prisoner
               at
               the
               Bar
               said
               ,
               
                 Col.
                 Huncks
              
               I
               am
               now
               ashamed
               of
               you
               ,
               
                 The
                 Ship
                 is
                 now
                 coming
                 into
                 the
                 Harbour
                 ,
                 and
                 will
                 you
                 now
                 strike
                 Sayle
                 before
                 you
                 cast
                 Anchor
                 ?
              
            
          
           
             
               Council
               .
            
             
               You
               observe
               the
               course
               of
               this
               evidence
               ,
               there
               was
               a
               Warrant
               or
               Commission
               directed
               to
               three
               persons
               ;
               
                 Hacker
                 ,
                 Huncks
              
               ,
               and
               Phaire
               for
               Execution
               of
               the
               King
               ;
               Cromwell
               demanded
               of
               this
               Gentleman
               
                 (
                 Col.
                 Huncks
              
               )
               that
               he
               should
               sign
               a
               Warrant
               by
               Vertue
               of
               that
               other
               Warrant
               ,
               and
               this
               Gentleman
               refusing
               it
               ,
               the
               Prisoner
               objects
               this
               ,
               that
               he
               to
               save
               himself
               doth
               witness
               this
               against
               the
               Prisoner
               ,
               Gentlemen
               he
               did
               refuse
               the
               thing
               ,
               have
               you
               any
               thing
               to
               ask
               
                 Col.
                 Huncks
              
               ?
            
          
           
             
               Axtell
               .
            
             
               He
               says
               
                 Col.
                 Phaire
              
               and
               Hacker
               were
               there
               ;
               I
               do
               not
               doubt
               but
               they
               will
               be
               so
               conscientious
               to
               vindicate
               me
               from
               all
               this
               Charge
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               If
               it
               be
               any
               thing
               that
               tends
               to
               your
               defence
               ,
               that
               you
               will
               be
               heard
               afterwards
               ;
               but
               have
               you
               any
               Questions
               to
               ask
               
                 Col.
                 Huncks
              
               ?
            
          
           
             
               Axtell
               .
            
             
               No
               more
               ,
               I
               know
               nothing
               of
               it
               ,
               if
               I
               were
               to
               dye
               at
               this
               Bar
               presently
               .
            
          
           
             
               Council
               .
            
             
               Sir.
               
                 Purback
                 Temple
              
               ,
               pray
               tell
               my
               Lords
               and
               the
               Jury
               your
               knowledge
               of
               the
               carriage
               of
               this
               Gentleman
               touching
               the
               Tryal
               of
               his
               Late
               Majesty
               .
            
          
           
             
             
               Sir
               P.
               Tem.
               
            
             
               My
               Lord
               ,
               being
               present
               ,
               and
               engaged
               by
               some
               persons
               of
               Honour
               ,
               Servants
               of
               his
               late
               Majesty
               ,
               to
               be
               present
               when
               that
               horrid
               Murther
               was
               acting
               before
               this
               Court
               of
               Justice
               (
               as
               they
               called
               it
               )
               I
               was
               present
               at
               all
               the
               Tryals
               of
               the
               King
               ,
               and
               very
               near
               him
               ,
               I
               heard
               the
               King
               demand
               from
               Bradshaw
               by
               what
               Authority
               and
               Commission
               they
               proceeded
               thus
               strangely
               to
               Try
               him
               .
               Then
               I
               heard
               the
               Lady
               Fairfax
               and
               one
               Mrs.
               Nelson
               (
               my
               Sister
               )
               after
               the
               exhibiting
               of
               the
               charge
               in
               the
               Name
               of
               the
               Commons
               Assembled
               in
               Parliament
               ,
               and
               the
               good
               people
               of
               this
               Kingdom
               against
               
                 Charles
                 Stuart
              
               King
               of
               England
               ,
               I
               say
               I
               heard
               the
               said
               Lady
               cry
               out
               from
               a
               Gallery
               over
               the
               Court
               ,
               
                 Not
                 half
                 the
                 people
                 ;
                 it
                 is
                 false
                 !
                 where
                 are
                 they
                 or
                 their
                 Consents
                 ?
                 Oliver
                 Cromwell
                 is
                 a
                 Traitor
                 !
              
               Upon
               which
               I
               heard
               the
               Prisoner
               at
               the
               Bar
               cry
               out
               ,
               Down
               with
               the
               Whores
               ,
               shoot
               them
               ;
               which
               made
               me
               take
               the
               further
               notice
               of
               him
               ,
               seeing
               him
               in
               Westminster-Hall
               commanding
               the
               Souldiers
               there
               ,
               I
               saw
               him
               the
               most
               activest
               person
               there
               ;
               and
               during
               the
               time
               that
               the
               King
               was
               urging
               to
               be
               heard
               ,
               he
               was
               then
               laughing
               ,
               entertaining
               his
               Souldiers
               ,
               scoffing
               aloud
               ,
               whilst
               some
               of
               the
               Souldiers
               by
               his
               suffering
               ,
               and
               (
               I
               believe
               )
               procurement
               ,
               did
               fire
               powder
               in
               the
               palms
               of
               their
               hands
               ,
               that
               they
               did
               not
               onely
               offend
               his
               Majesties
               smell
               ,
               but
               enforced
               him
               to
               rise
               up
               out
               of
               his
               Chair
               ,
               and
               with
               his
               hand
               to
               turn
               away
               the
               smoke
               ;
               and
               after
               this
               he
               turned
               about
               to
               the
               people
               and
               smiled
               upon
               them
               ,
               and
               those
               Souldiers
               that
               so
               rudely
               treated
               him
               :
               Then
               turning
               himself
               to
               Bradshaw
               ,
               said
               to
               him
               and
               the
               Court
               ,
               There
               are
               some
               sitting
               here
               (
               fixing
               his
               Eyes
               upon
               some
               persons
               near
               Bradshaw
               )
               that
               well
               knew
               ,
               that
               if
               I
               would
               have
               Forfeited
               or
               Betrayed
               the
               Liberties
               and
               Rights
               of
               the
               People
               ,
               I
               need
               not
               have
               come
               hither
               ,
               (
               or
               words
               to
               this
               effect
               :
               )
               But
               their
               Liberties
               and
               Rights
               are
               dearer
               and
               nearer
               to
               me
               than
               my
               three
               Kingdoms
               ;
               nay
               than
               my
               life
               it self
               .
               Therefore
               I
               desire
               you
               to
               hear
               me
               ,
               and
               remember
               ,
               that
               I
               am
               your
               lawful
               King
               that
               have
               done
               you
               many
               Acts
               of
               Grace
               and
               Favour
               .
            
             
               After
               which
               this
               person
               Mr.
               Axtell
               ,
               Prisoner
               at
               the
               Bar
               ,
               commanded
               his
               Souldiers
               to
               cry
               out
               ,
               Justice
               ,
               which
               the
               Souldiers
               not
               readily
               obeying
               of
               him
               ,
               I
               saw
               him
               beat
               four
               or
               five
               of
               
               them
               with
               his
               Cane
               ,
               until
               they
               cried
               out
               ,
               (
               with
               himself
               )
               
                 Justice
                 ,
                 Justice
                 ,
                 Execution
                 ,
                 Execution
                 ,
              
               which
               made
               me
               turn
               to
               a
               Noble
               Lord
               ,
               by
               whom
               I
               then
               stood
               ,
               and
               said
               ,
               Pray
               my
               Lord
               take
               notice
               ,
               there
               is
               not
               above
               4
               or
               5
               that
               cry
               out
               
                 Justice
                 ,
                 Justice
              
               :
               I
               heard
               also
               of
               their
               spitting
               in
               the
               Kings
               Face
               ;
               and
               I
               think
               no
               bodies
               sufferings
               have
               been
               so
               like
               those
               of
               our
               Saviour
               Christ
               Jesus
               ,
               as
               his
               Majesties
               were
               .
               After
               this
               ,
               this
               persons
               crying
               
                 Justice
                 ,
                 Justice
                 ,
                 Execution
                 ,
                 Execution
              
               a
               second
               time
               ,
               the
               Court
               proceeded
               to
               pass
               a
               Sentence
               ;
               the
               which
               his
               Majesty
               pressed
               hard
               against
               ,
               and
               told
               him
               ,
               Sir
               ,
               before
               you
               pass
               that
               ugly
               Sentence
               (
               which
               I
               very
               well
               understand
               you
               are
               intended
               to
               do
               ,
               )
               I
               desire
               you
               to
               hear
               me
               ,
               hear
               me
               ,
               hear
               me
               ,
               passionately
               and
               not
               affectionately
               expressing
               it
               ,
               which
               they
               denying
               the
               King
               ,
               and
               the
               notice
               of
               
                 Justice
                 ,
                 Justice
                 ,
                 Execution
                 ,
                 Execution
                 ,
              
               being
               repeated
               ,
               they
               proceeded
               ,
               and
               read
               that
               ugly
               Sentence
               of
               Death
               :
               after
               which
               his
               Majesty
               was
               immediately
               hurried
               away
               from
               the
               Bar
               into
               a
               common
               Cedan
               ,
               where
               he
               was
               carried
               by
               two
               common
               Porters
               ;
               which
               Cedan
               I
               followed
               to
               the
               middle
               of
               King's
               Street
               ,
               where
               I
               saw
               the
               two
               Porters
               ,
               in
               reverence
               ,
               go
               bare
               ,
               till
               the
               Souldiers
               (
               under
               the
               Command
               of
               the
               Prisoner
               at
               the
               Bar
               )
               beat
               them
               ,
               and
               would
               not
               suffer
               them
               to
               go
               bare
               when
               they
               carried
               him
               .
               After
               this
               the
               people
               cried
               out
               ,
               What
               do
               you
               carry
               the
               King
               in
               a
               common
               Cedan
               as
               they
               carry
               such
               as
               have
               the
               Plague
               ?
               God
               deliver
               your
               Majesty
               out
               of
               such
               Enemies
               hands
               .
               In
               which
               Street
               I
               was
               forced
               to
               leave
               the
               sight
               of
               his
               Majesty
               ,
               occasioned
               by
               the
               injuries
               and
               hurts
               I
               received
               in
               my
               person
               from
               the
               Souldiers
               under
               
               Axtel's
               command
               ,
               they
               carrying
               him
               through
               the
               Streets
               shouting
               in
               triumph
               .
               A
               short
               time
               after
               I
               received
               an
               importuate
               command
               from
               a
               Lady
               of
               great
               Honour
               (
               a
               Servant
               of
               his
               Majesties
               )
               that
               I
               would
               endeavour
               to
               find
               out
               where
               the
               body
               of
               the
               
                 Martyr'd
                 King
              
               was
               ,
               and
               to
               give
               her
               an
               account
               where
               it
               then
               was
               :
               Applying
               my self
               to
               Whitehall
               ,
               after
               two
               or
               threescore
               Intreaties
               ,
               I
               was
               denyed
               ;
               but
               understanding
               that
               money
               would
               do
               it
               ,
               I
               gave
               the
               persons
               then
               under
               the
               command
               of
               Mr.
               Axtell
               that
               then
               kept
               it
               ,
               to
               shew
               it
               me
               ,
               half
               a
               piece
               ,
               who
               in
               a
               scoffing
               manner
               took
               me
               by
               the
               hand
               ,
               said
               ,
               
                 If
                 thou
                 thinkest
                 there
                 is
                 any
                 sanctity
                 or
                 
                 holiness
                 in
                 it
                 ,
                 look
                 here
              
               ;
               where
               I
               saw
               the
               Head
               of
               that
               blessed
               martyr'd
               King
               lie
               in
               a
               Coffin
               with
               his
               Body
               ,
               which
               smiled
               as
               perfectly
               as
               if
               it
               had
               been
               alive
               :
               this
               is
               the
               sad
               account
               of
               the
               martyr'd
               King
               ,
               and
               this
               sad
               horrid
               Prisoner
               Mr.
               Axtell
               .
            
          
           
             
               Axtell
               .
            
             
               My
               Lord
               ,
               may
               I
               ask
               that
               Gentleman
               some
               Questions
               ?
            
          
           
             
               L.
               ch
               .
               Bar.
               
            
             
               Yes
               ,
               yes
               .
            
          
           
             
               Axtell
               .
            
             
               My
               Lord
               ,
               He
               seems
               to
               say
               ,
               that
               I
               bid
               the
               Souldiers
               cry
               out
               for
               Justice
               ,
               he
               doth
               not
               at
               all
               say
               I
               was
               there
               in
               command
               ,
               but
               he
               saith
               a
               Lady
               ,
               by
               report
               the
               Lady
               Fairfax
               ,
               spake
               some
               words
               ,
               and
               that
               I
               should
               bid
               the
               Souldiers
               silence
               her
               ;
               truly
               I
               desire
               to
               know
               the
               certainty
               of
               the
               place
               where
               I
               stood
               .
            
          
           
             
               Sir
               P.
               T.
               
            
             
               My
               Lords
               and
               Gentlemen
               of
               the
               Jury
               ,
               I
               saw
               this
               person
               standing
               within
               a
               Pike
               or
               two's
               length
               as
               I
               can
               guess
               it
               ,
               (
               I
               remember
               the
               place
               within
               a
               yard
               of
               the
               ground
               in
               
                 Westminster-Hall
                 ,
              
               )
               I
               do
               not
               say
               this
               person
               sate
               in
               the
               Court
               as
               a
               principal
               Officer
               that
               did
               then
               hold
               his
               Majesty
               Prisoner
               at
               the
               Bar
               ,
               I
               did
               not
               say
               ,
               it
               was
               a
               Lady
               unknown
               ,
               or
               reported
               to
               be
               such
               a
               one
               ;
               but
               I
               said
               it
               was
               the
               Lady
               Fairfax
               ,
               and
               my
               own
               Sister
               Mrs.
               Nelson
               ,
               and
               he
               cried
               Shoot
               the
               Whores
               .
            
          
           
             
               Axtell
               .
            
             
               He
               seems
               now
               to
               say
               ,
               I
               commanded
               the
               Guards
               ;
               I
               never
               was
               a
               Guard
               to
               his
               Majesty
               ,
               or
               had
               any
               thing
               to
               do
               in
               that
               business
               ,
               but
               it
               was
               wholly
               committed
               to
               a
               company
               of
               men
               I
               know
               not
               of
               .
               That
               Gentleman
               that
               spoke
               I
               have
               no
               acquaintance
               with
               him
               ;
               I
               think
               he
               did
               not
               know
               me
               at
               that
               time
               .
            
          
           
             
               L.
               ch
               .
               Bar.
               
            
             
               Have
               you
               any
               thing
               to
               ask
               him
               ?
            
          
           
             
               Sir
               P.
               T.
               
            
             
               My
               Lord
               ,
               another
               passage
               he
               puts
               into
               my
               memory
               ,
               when
               I
               did
               observe
               a
               thousand
               of
               sad
               faces
               ,
               I
               saw
               none
               laughing
               but
               your self
               ,
               as
               if
               you
               had
               been
               carousing
               and
               entertaining
               the
               Souldiers
               .
               I
               do
               not
               charge
               you
               that
               you
               commanded
               those
               Halbertiers
               ,
               but
               those
               Red-coats
               ;
               you
               were
               all
               in
               Red
               :
               I
               saw
               you
               cane
               those
               4
               or
               5
               Souldiers
               I
               mentioned
               ,
               till
               they
               cried
               
                 Justice
                 ,
                 Justice
              
               with
               you
               ;
               and
               that
               with
               the
               powder
               in
               the
               plams
               of
               their
               hands
               ,
               they
               forced
               the
               King
               to
               rise
               out
               of
               his
               Chair
               ,
               which
               you
               were
               much
               pleased
               with
               and
               laughed
               at
               .
            
          
           
             
             
               Axtell
               .
            
             
               I
               say
               before
               the
               Lord
               ,
               before
               whom
               I
               must
               be
               judged
               again
               for
               this
               ,
               I
               do
               deny
               this
               whole
               Obedience
               .
            
          
           
             
               Griffith
               Bodurdoe
            
             ,
             Esq
             ;
             sworn
             .
          
           
             
               Gr.
               Bod.
               
            
             
               My
               Lords
               and
               you
               Gentlemen
               of
               the
               Jury
               ,
               I
               was
               at
               the
               time
               of
               this
               sad
               Tryal
               in
               Westminster-Hall
               .
            
          
           
             
               Axtell
               .
            
             
               Your
               Name
               Sir
               ,
               I
               beseech
               you
               ?
            
          
           
             
               Counsel
               .
            
             
               His
               Name
               is
               Mr.
               Bodurdoe
               .
            
          
           
             
               Gr.
               Bo.
               
            
             
               I
               say
               I
               was
               all
               the
               time
               of
               the
               King's
               Tryal
               in
               Westminster-Hall
               ;
               I
               was
               in
               a
               Gallery
               that
               I
               had
               out
               of
               my
               house
               where
               I
               then
               lived
               ,
               just
               under
               and
               besides
               the
               House
               of
               Commons
               ;
               and
               I
               do
               remember
               I
               saw
               this
               Gentleman
               there
               ;
               I
               do
               think
               he
               was
               then
               called
               Lieutenant
               Colonel
               Axtell
               ,
               so
               far
               as
               I
               remember
               ;
               truly
               ,
               I
               have
               not
               seen
               him
               since
               before
               this
               day
               ,
               nor
               have
               had
               any
               reason
               to
               have
               known
               him
               ,
               but
               that
               I
               saw
               him
               very
               active
               in
               giving
               commands
               to
               the
               Souldiers
               there
               :
               this
               Gentleman
               was
               keeping
               the
               Court
               ,
               letting
               some
               in
               ,
               and
               putting
               others
               out
               :
               he
               seemed
               to
               have
               command
               of
               it
               ;
               One
               day
               (
               whether
               it
               was
               about
               some
               passage
               or
               their
               Presidents
               Speech
               I
               know
               not
               ,
               )
               there
               was
               a
               Lady
               in
               the
               same
               Gallery
               where
               I
               stood
               ,
               and
               some
               muttering
               ,
               
                 It
                 is
                 a
                 lye
                 ,
                 not
                 half
                 the
                 people
                 ,
              
               or
               words
               to
               this
               effect
               .
               He
               the
               now
               Prisoner
               at
               the
               Bar
               standing
               below
               in
               the
               Court
               within
               the
               Bar
               not
               far
               from
               Dendy
               ,
               with
               some
               five
               or
               six
               Souldiers
               ;
               upon
               this
               muttering
               and
               disturbance
               (
               as
               he
               apprehended
               )
               to
               the
               Court
               ,
               he
               called
               to
               the
               Souldiers
               ,
               saying
               ,
               Shoot
               them
               if
               they
               speak
               one
               word
               more
               ;
               they
               did
               also
               present
               the
               muzles
               of
               their
               Muskets
               up
               to
               the
               Gallery
               :
               My
               Lord
               ,
               by
               this
               we
               were
               very
               hush
               ;
               after
               that
               immediately
               within
               half
               a
               quarter
               of
               an
               hour
               ,
               Dendy
               came
               to
               the
               Gallery
               from
               the
               Court
               to
               know
               who
               it
               was
               that
               made
               that
               disturbance
               .
               But
               the
               Lady
               was
               withdrawn
               into
               my
               Chamber
               ,
               and
               did
               not
               come
               out
               afterwards
               .
            
          
           
             
               Axtell
               .
            
             
               Where
               was
               this
               Sir
               ?
            
          
           
             
               L.
               ch
               .
               Bar.
               
            
             
               What
               is
               it
               you
               desire
               ?
            
          
           
             
               Axtell
               .
            
             
               My
               Lord
               ,
               where
               he
               saw
               me
               then
               ?
            
          
           
             
               L.
               ch
               .
               Bar.
               
            
             
               Mr.
               Bodurdoe
               ,
               you
               hear
               the
               question
               .
            
          
           
             
               Mr.
               Bod.
               
            
             
               There
               was
               a
               Gallery
               which
               I
               do
               believe
               is
               yet
               standing
               ,
               and
               the
               Court
               was
               just
               underneath
               the
               Galle●●
               
               and
               you
               were
               just
               underneath
               the
               Gallery
               and
               five
               or
               six
               Souldiers
               with
               you
               .
            
          
           
             Richard
             Young
             ,
             sworn
             .
          
           
             
               Councel
               .
            
             
               What
               do
               you
               know
               of
               the
               carriage
               of
               the
               prisoner
               at
               the
               time
               of
               the
               Tryal
               .
            
          
           
             
               Young.
               
            
             
               I
               was
               upon
               a
               Scaffold
               whereby
               I
               did
               see
               what
               was
               done
               in
               the
               Hall
               ;
               I
               saw
               that
               Lieut.
               Col.
               Axtell
               was
               busie
               and
               very
               active
               in
               encouraging
               the
               Souldiers
               to
               say
               ,
               let
               us
               have
               Justice
               against
               the
               King.
               
            
          
           
             
               Axtell
               .
            
             
               I
               desire
               to
               ask
               Mr.
               Young
               one
               question
               ?
               others
               say
               that
               the
               word
               was
               cry
               for
               Justice
               ,
               this
               Gentleman
               is
               pleased
               to
               make
               some
               Addition
               ,
               Let
               us
               have
               
                 justice
                 against
                 the
                 King.
              
               
            
          
           
             
               Young.
               
            
             
               No
               not
               against
               the
               King
               ,
               but
               I
               conceived
               you
               meant
               against
               the
               King.
               
            
          
           
             
               Axtell
               .
            
             
               I
               cry
               you
               mercy
               ,
               you
               do
               but
               conceive
               so
               .
            
          
           
             
               Young.
               
            
             
               You
               were
               upon
               the
               right
               hand
               of
               the
               Hall
               almost
               at
               the
               corner
               near
               the
               pavement
               ,
               it
               could
               not
               be
               otherwise
               applyed
               .
            
          
           
             John
             Jeonar
             ,
             sworn
             .
          
           
             
               Councel
               .
            
             
               Speak
               your
               knowledge
               of
               Col.
               
               Axtell's
               carriage
               at
               the
               High
               Court
               of
               Justice
               .
            
          
           
             
               Jeonar
               .
            
             
               I
               had
               the
               Honour
               to
               wait
               upon
               the
               King
               as
               a
               domestick
               Servant
               to
               the
               time
               of
               his
               Death
               ;
               that
               day
               which
               was
               the
               first
               day
               the
               King
               was
               brought
               to
               his
               Tryal
               ,
               I
               did
               wait
               upon
               Him
               among
               other
               servants
               ,
               we
               stood
               close
               to
               the
               Bar
               where
               the
               King
               was
               ,
               some
               three
               or
               four
               of
               us
               ,
               Col.
               Axtell
               was
               upon
               the
               right
               hand
               of
               us
               commanding
               the
               Guard
               to
               keep
               things
               in
               order
               when
               the
               Court
               was
               to
               be
               withdrawn
               (
               the
               many
               circumstances
               about
               the
               Lady
               Fairfax
               shall
               be
               omitted
               )
               the
               President
               commanded
               the
               prisoner
               to
               be
               withdrawn
               ,
               with
               that
               Col.
               Axtell
               steps
               down
               before
               me
               to
               draw
               out
               his
               Guard
               ,
               this
               I
               heard
               him
               say
               ,
               Souldiers
               cry
               for
               
                 Justice
                 ,
                 Justice
              
               ,
               I
               was
               the
               next
               man
               to
               him
               ;
               and
               upon
               the
               last
               day
               of
               the
               Tryal
               ,
               he
               did
               come
               down
               in
               the
               same
               manner
               ,
               and
               bid
               the
               Souldiers
               cry
               out
               for
               
                 Execution
                 ,
                 Execution
              
               .
            
          
           
             
               Axtell
               .
            
             
               I
               do
               desire
               a
               question
               may
               be
               asked
               of
               that
               Gentleman
               ?
               I
               must
               confess
               I
               did
               not
               know
               the
               Gentleman
               ,
               at
               that
               time
               ,
               though
               he
               said
               he
               knew
               me
               .
               He
               seems
               to
               say
               ,
               
               that
               at
               the
               first
               day
               I
               encouraged
               the
               Souldiers
               to
               cry
               ,
               
                 Justice
                 Justice
              
               ,
               and
               the
               last
               day
               ,
               
                 Execution
                 ,
                 Execution
              
               ;
               What
               place
               was
               this
               in
               Sir
               ?
            
          
           
             
               Jeon
               .
            
             
               I
               tell
               you
               ,
               the
               King
               was
               brought
               from
               Cotton
               House
               through
               a
               Guard
               that
               you
               managed
               of
               Musquetiers
               ,
               and
               with
               a
               Guard
               of
               Partisans
               ;
               besides
               ,
               there
               was
               my self
               and
               others
               there
               :
               when
               we
               came
               up
               ,
               we
               got
               as
               close
               to
               the
               Bar
               as
               we
               could
               ;
               you
               were
               passing
               up
               and
               down
               from
               above
               and
               below
               :
               when
               the
               Court
               was
               dissolved
               ,
               you
               stept
               down
               just
               before
               to
               draw
               your
               Guard
               to
               make
               ready
               ,
               and
               to
               cry
               ,
               
                 Justice
                 ,
                 Justice
              
               ,
               and
               the
               second
               time
               ,
               
                 Execution
                 ,
                 Execution
              
               ,
               you
               were
               very
               near
               me
               ,
               and
               then
               you
               cryed
               ,
               
                 Justice
                 ,
                 Justice
                 ,
                 Execution
                 ,
                 Execution
                 .
              
            
          
           
             
               Axtell
               .
            
             
               Are
               you
               certain
               ;
               I
               have
               heard
               other
               men
               ,
               I
               confess
               ,
               accused
               for
               this
               ,
               Some
               other
               Officers
               .
            
          
           
             
               Jeonar
               .
            
             
               I
               did
               hear
               you
               ,
               I
               do
               know
               you
               by
               sight
               .
            
          
           
             
               Councel
               .
            
             
               You
               know
               him
               now
               to
               be
               the
               same
               person
               ?
            
          
           
             
               Jeonar
               .
            
             
               Yes
               .
            
          
           
             Samuel
             Burden
             ,
             sworn
             .
          
           
             
               Councel
               .
            
             
               Tell
               my
               Lord
               and
               the
               Jury
               what
               you
               know
               of
               the
               carriage
               of
               the
               Prisoner
               .
            
          
           
             
               Burden
               .
            
             
               My
               Lords
               and
               Gentlemen
               ,
               I
               do
               believe
               Col.
               Axtell
               knows
               me
               well
               enough
               ,
               I
               was
               then
               under
               his
               own
               command
               at
               Whitehall
               ;
               there
               were
               some
               Cavaliers
               then
               in
               the
               Regiment
               :
               it
               was
               my
               fortune
               I
               came
               into
               your
               Company
               ,
               I
               wish
               I
               never
               had
               :
               you
               commanded
               more
               besides
               my self
               to
               be
               a
               Witness
               against
               the
               King
               ,
               and
               Justice
               Cook
               took
               my
               Examination
               :
               you
               brought
               me
               in
               ,
               you
               commanded
               the
               Guards
               that
               time
               at
               Whitehall
               when
               the
               King
               was
               upon
               his
               Tryal
               .
            
          
           
             
               Axtell
               .
            
             
               What
               more
               ?
            
          
           
             
               Burden
               .
            
             
               And
               you
               commanded
               
                 Elisha
                 Axtell
              
               with
               a
               file
               of
               Souldiers
               ,
               to
               take
               a
               Boat
               and
               go
               down
               to
               the
               common
               Hangman
               that
               liv'd
               beyond
               the
               Tower
               to
               execute
               the
               King
               ;
               he
               is
               now
               
               Shepards
               Serjeant
               in
               Ireland
               .
            
          
           
             
               Axtell
               .
            
             
               My
               Lord
               ,
               I
               desire
               to
               ask
               him
               a
               question
               ;
               he
               was
               pleased
               to
               say
               ,
               I
               desired
               him
               to
               be
               a
               Witness
               .
            
          
           
             
               Bur.
               
            
             
               Yes
               .
            
          
           
             
               Axtell
               .
            
             
               Where
               was
               it
               ?
            
          
           
             
             
               Burden
               .
            
             
               In
               the
               Court
               at
               Whitehall
               .
            
          
           
             
               Axtell
               .
            
             
               My
               Lord
               ,
               I
               have
               seen
               the
               printed
               List
               of
               Witnesses
               against
               the
               King
               ,
               and
               in
               that
               list
               you
               shall
               find
               no
               such
               Name
               .
            
          
           
             
               Burden
               .
            
             
               I
               have
               been
               a
               Prisoner
               in
               Dublin
               by
               your
               means
               .
            
          
           
             
               Axtell
               .
            
             
               My
               Lord
               ,
               I
               hope
               you
               will
               take
               notice
               of
               that
               .
            
          
           
             
               Councel
               .
            
             
               Burden
               do
               you
               remember
               any
               of
               his
               commands
               to
               Web
               ,
               to
               draw
               up
               in
               the
               Banqueting-house
               ?
            
          
           
             
               Bur.
               
            
             
               He
               commanded
               Web
               to
               draw
               up
               in
               the
               Banqueting-house
               ,
               during
               the
               time
               of
               Execution
               ,
               his
               own
               company
               .
               I
               was
               one
               of
               his
               own
               company
               then
               .
            
          
           
             
               Coun.
               
            
             
               In
               order
               to
               what
               ?
            
          
           
             
               Bur.
               
            
             
               For
               Execution
               .
            
          
           
             
               Axtell
               .
            
             
               My
               Lord
               ,
               is
               Web
               here
               ?
            
          
           
             
               Bur.
               
            
             
               He
               is
               in
               Dublin
               .
            
          
           
             
               Axt.
               
            
             
               I
               wish
               he
               were
               here
               .
            
          
           
             Edward
             Cook
             sworn
             .
          
           
             
               Cook.
               
            
             
               And
               it
               please
               your
               Honour
               my
               Lord
               ,
               the
               last
               day
               of
               the
               Tryal
               of
               his
               Majesty
               ,
               I
               came
               into
               Westminster-hall
               ,
               coming
               where
               the
               Court
               was
               ,
               I
               did
               see
               Col.
               Axtell
               the
               Prisoner
               at
               the
               Bar
               there
               with
               some
               Musquetiers
               .
            
          
           
             
               Coun.
               
            
             
               What
               day
               was
               this
               ?
            
          
           
             
               Cook.
               
            
             
               The
               last
               day
               of
               his
               Majesties
               Tryal
               .
            
          
           
             
               L.
               ch
               .
               Bar.
               
            
             
               Go
               on
               Sir.
               
            
          
           
             
               Cook.
               
            
             
               Standing
               there
               a
               little
               while
               ,
               his
               Majesty
               came
               guarded
               with
               some
               Halberteers
               ,
               when
               he
               came
               by
               the
               Souldiers
               that
               stood
               with
               Col.
               Axtell
               ,
               his
               Majesty
               bowed
               ,
               and
               afterwards
               put
               off
               his
               Hat
               ,
               and
               went
               up
               to
               the
               Court
               ;
               I
               could
               not
               know
               what
               Bradshaw
               said
               to
               him
               ,
               I
               stood
               below
               ,
               I
               heard
               him
               say
               ,
               he
               was
               brought
               by
               the
               
                 consent
                 of
                 the
                 Commons
                 and
                 people
                 of
                 England
                 :
              
               there
               stood
               a
               Lady
               above
               in
               a
               Gallery
               crying
               out
               ,
               
                 it
                 is
                 a
                 lye
                 ,
                 where
                 are
                 the
                 people
                 ,
                 or
                 their
                 consents
                 ;
                 Cromwel
                 is
                 a
                 Traytor
                 :
              
               whereupon
               Col.
               Axtell
               standing
               by
               ,
               saith
               he
               ,
               what
               Drab
               is
               that
               that
               disturbs
               the
               Court
               ;
               come
               down
               or
               I
               will
               fetch
               you
               down
               .
            
          
           
             Mr.
             Nelson
             ,
             sworn
             .
          
           
             
               Coun.
               
            
             
               Tell
               my
               Lords
               and
               Gentlemen
               of
               the
               Jury
               ,
               touching
               the
               Discourse
               between
               you
               and
               the
               Prisoner
               at
               the
               Bar
               in
               Dublin
               .
            
          
           
             
             
               Nelson
               .
            
             
               My
               Lords
               and
               Gentlemen
               of
               the
               Jury
               ,
               upon
               a
               Discourse
               with
               the
               prisoner
               at
               the
               Bar
               in
               Dublin
               5
               or
               6
               years
               since
               ,
               upon
               the
               platform
               in
               that
               Castle
               we
               discoursed
               of
               the
               late
               Kings
               ,
               having
               had
               several
               reports
               ,
               I
               desired
               to
               know
               of
               him
               who
               it
               was
               that
               Executed
               the
               King
               ,
               thinking
               he
               might
               inform
               me
               ,
               he
               was
               pleased
               to
               tell
               me
               this
               ,
               saith
               he
               ,
               the
               persons
               that
               were
               imployed
               in
               that
               service
               ,
               you
               know
               them
               as
               well
               as
               I
               do
               ;
               truly
               Sir
               not
               I
               ,
               said
               I
               ,
               I
               saw
               them
               in
               Vizards
               but
               not
               their
               Visage
               as
               I
               know
               of
               ,
               yes
               saith
               he
               you
               do
               know
               them
               ,
               it
               is
               true
               saith
               he
               ,
               my self
               and
               others
               were
               imployed
               in
               that
               affair
               in
               order
               to
               the
               Execution
               ;
               but
               there
               were
               several
               persons
               came
               and
               offered
               themselves
               out
               of
               a
               kind
               of
               Zeal
               to
               do
               the
               thing
               ,
               but
               we
               did
               not
               think
               it
               proper
               to
               imploy
               persons
               whom
               we
               did
               not
               know
               ,
               but
               we
               made
               choice
               of
               a
               couple
               of
               Stout
               persons
               ,
               pray
               let
               me
               hear
               their
               Names
               said
               I
               ,
               saith
               he
               it
               was
               Heulet
               and
               Walker
               ,
               I
               desired
               to
               know
               their
               reward
               ,
               Truly
               saith
               he
               I
               do
               not
               know
               whether
               30
               l.
               a
               piece
               ,
               or
               between
               them
               ;
               I
               said
               it
               was
               a
               small
               reward
               for
               a
               work
               of
               that
               Nature
               ,
               truly
               saith
               he
               that
               was
               all
               .
            
          
           
             
               Axt.
               
            
             
               You
               named
               one
               man
               ,
               I
               did
               not
               hear
               the
               other
               named
               .
            
          
           
             
               Nelson
               .
            
             
               I
               named
               Heulet
               and
               Walker
               ,
               we
               was
               one
               that
               managed
               the
               Execution
               ,
               he
               told
               me
               so
               ,
               and
               it
               pleased
               you
               Sir.
               
            
          
           
             
               Axtell
               .
            
             
               He
               is
               pleased
               to
               say
               that
               in
               Ireland
               there
               was
               such
               conference
               ,
               was
               any
               body
               by
               ?
            
          
           
             
               Nelson
               .
            
             
               No
               Sir.
               
            
          
           
             
               Axt.
               
            
             
               Did
               I
               name
               any
               body
               to
               you
               ?
            
          
           
             
               Nel.
               
            
             
               You
               named
               those
               two
               persons
               .
            
          
           
             
               Axt.
               
            
             
               Certainly
               I
               must
               invent
               them
               then
               ,
               for
               I
               had
               no
               more
               knowledg
               of
               them
               then
               any
               one
               here
               .
            
          
           
             
               Nel.
               
            
             
               You
               told
               me
               you
               were
               one
               of
               them
               that
               had
               the
               managing
               of
               that
               Affair
               .
            
          
           
             
               Councel
               .
            
             
               
                 My
                 Lord
              
               ,
               we
               have
               done
               with
               our
               Evidence
               ,
               those
               particulars
               that
               were
               first
               opened
               to
               you
               ,
               have
               rendred
               the
               prisoner
               much
               a
               blacker
               person
               then
               we
               thought
               ;
               we
               leave
               him
               to
               his
               defence
               .
            
          
           
             
               Axt.
               
            
             
               May
               it
               please
               your
               Lordships
               ,
               in
               the
               first
               place
               because
               I
               am
               ignorant
               in
               the
               Laws
               ,
               I
               desire
               to
               know
               upon
               what
               Statute
               this
               indictment
               is
               grounded
               .
            
          
           
             
               L.
               ch
               .
               B.
               
            
             
               It
               is
               grounded
               upon
               the
               statute
               of
               the
               25th
               .
               of
               Edward
               the
               Third
               .
            
          
           
             
             
               Axt.
               
            
             
               My
               Lords
               ,
               I
               must
               acknowledg
               my
               ignorance
               of
               the
               Laws
               ,
               being
               a
               thing
               I
               never
               studied
               ,
               nor
               have
               the
               knowledg
               of
               ,
               but
               I
               have
               heard
               it
               is
               the
               duty
               of
               your
               Lordships
               and
               the
               Judges
               to
               be
               of
               Counsel
               for
               the
               Prisoner
               in
               things
               wherein
               he
               is
               ignorant
               in
               matters
               of
               law
               ,
               to
               make
               his
               just
               defence
               ;
               and
               therefore
               my
               Lord
               the
               Indictment
               it self
               being
               matter
               of
               law
               ,
               if
               your
               Lordships
               please
               not
               to
               grant
               me
               Counsel
               to
               speak
               to
               matrers
               of
               law
               ,
               I
               humbly
               pray
               that
               your
               Lordships
               will
               be
               pleased
               that
               for
               want
               of
               knowledg
               ,
               formalities
               ,
               punctilloes
               ,
               and
               niceties
               of
               the
               Law
               ,
               I
               might
               not
               undo
               my self
               :
               I
               have
               heard
               by
               a
               learned
               Judg
               ,
               that
               though
               the
               Judg
               be
               of
               Counsel
               to
               the
               King
               ,
               yet
               by
               his
               Oath
               he
               is
               also
               to
               be
               Counsellor
               to
               the
               Prisoner
               ,
               and
               stands
               as
               a
               Mediator
               between
               the
               King
               and
               Prisoner
               ,
               and
               therefore
               my
               Lord
               I
               shall
               beg
               that
               humble
               favour
               ,
               that
               wherein
               I
               shall
               fall
               short
               to
               make
               the
               best
               improvement
               of
               my
               Plea
               in
               matter
               of
               law
               ,
               that
               your
               Lordships
               will
               help
               me
               ,
               and
               not
               take
               advantages
               against
               me
               ,
               as
               to
               the
               niceties
               ,
               formalities
               ,
               and
               punctilloes
               of
               the
               Law
               ;
               and
               my
               Lord
               this
               is
               a
               resemblance
               of
               that
               Great
               day
               where
               Christ
               will
               be
               Judg
               ,
               and
               will
               judg
               the
               secrets
               of
               all
               hearts
               ,
               and
               of
               all
               words
               ,
               and
               of
               all
               persons
               ,
               and
               by
               him
               all
               Actions
               are
               weighed
               ,
               knows
               all
               our
               hearts
               whether
               there
               be
               malice
               ,
               or
               how
               it
               stands
               in
               the
               frame
               of
               each
               heart
               before
               him
               in
               this
               place
               ,
               and
               therefore
               I
               hope
               there
               will
               be
               nothing
               by
               prejudging
               ,
               or
               any
               thing
               by
               precluding
               to
               be
               so
               black
               a
               person
               as
               it
               seemed
               to
               be
               said
               against
               me
               .
               
                 My
                 Lords
              
               ,
               I
               must
               shorten
               the
               time
               and
               come
               to
               speak
               as
               to
               the
               Authority
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               As
               to
               what
               Sir
               ,
            
          
           
             
               Axt.
               
            
             
               I
               speak
               as
               to
               the
               Authority
               by
               which
               or
               under
               which
               I
               acted
               ,
               I
               humbly
               conceive
               ,
               my
               Lord
               ,
               under
               favour
               ,
               that
               I
               am
               not
               within
               the
               compass
               of
               that
               Statute
               of
               the
               25th
               of
               Edward
               the
               Third
               ,
               for
               that
               questionless
               must
               intend
               private
               persons
               ,
               
                 Counselling
                 ,
                 Compassing
                 ,
                 or
                 Imagining
                 the
                 death
                 of
                 the
                 King.
              
               But
               you
               know
               ,
               my
               Lords
               ,
               the
               War
               was
               first
               stated
               by
               the
               Lords
               and
               Commons
               the
               Parliament
               of
               England
               ,
               and
               by
               vertue
               of
               their
               Authority
               was
               forced
               to
               be
               raised
               ,
               and
               they
               pretended
               by
               law
               that
               the
               right
               of
               the
               Militia
               was
               in
               them
               ,
               
               and
               your
               Lordships
               will
               remember
               in
               several
               Declarations
               and
               Acts
               that
               was
               mutually
               exchanged
               between
               his
               Majesty
               and
               Parliament
               ,
               and
               ,
               my
               Lord
               ,
               that
               was
               the
               Authority
               the
               Lords
               and
               Commons
               assembled
               in
               Parliament
               ,
               raised
               a
               Force
               ,
               and
               made
               the
               Earl
               of
               Essex
               Ceneral
               ,
               and
               after
               him
               the
               Earl
               of
               Manchester
               ,
               of
               the
               Eastern
               Association
               ,
               and
               after
               that
               Sir
               
                 Tho.
                 Fairfax
              
               Lord
               General
               of
               the
               Forces
               ;
               by
               this
               Authority
               I
               acted
               ,
               and
               this
               Authority
               I
               humbly
               conceive
               to
               be
               legal
               ,
               because
               this
               Parliament
               was
               called
               by
               the
               Kings
               Writ
               ,
               chosen
               by
               the
               People
               ,
               and
               passed
               a
               Bill
               they
               should
               not
               be
               dissolved
               without
               their
               own
               consents
               ,
               that
               the
               Parliament
               was
               in
               being
               when
               the
               Tryal
               was
               ,
               and
               a
               question
               whether
               yet
               legally
               Dissolved
               .
            
             
               In
               the
               fourth
               place
               they
               were
               not
               only
               owned
               and
               obeyed
               at
               home
               but
               abroad
               ,
               to
               be
               the
               chief
               Authority
               of
               the
               Nation
               ,
               and
               also
               owned
               by
               Foreign
               States
               and
               Kingdoms
               ,
               sent
               Ambassadors
               to
               that
               purpose
               ,
               under
               them
               did
               all
               the
               Judges
               of
               the
               Land
               Act
               ,
               who
               ought
               to
               be
               the
               Eye
               of
               the
               Land
               and
               the
               very
               light
               of
               the
               People
               ,
               to
               Guide
               them
               in
               their
               right
               Actions
               ,
               and
               I
               remember
               the
               Judges
               upon
               Tryal
               (
               I
               have
               read
               it
               of
               High
               Treason
               ,
               )
               Judg
               
                 Thorp
                 ,
                 Nicholas
              
               and
               Jermin
               have
               declared
               it
               publickly
               ,
               That
               it
               was
               a
               lawful
               justifiable
               thing
               by
               the
               Law
               of
               the
               Land
               to
               obey
               the
               Parliament
               of
               England
               .
               My
               Lord
               ,
               it
               further
               appears
               ,
               as
               to
               their
               Authority
               over
               the
               People
               ,
               of
               this
               Nation
               petitioning
               them
               as
               the
               supreme
               and
               lawful
               Authority
               :
               and
               ,
               
                 My
                 Lords
              
               ,
               as
               I
               have
               heard
               it
               hath
               been
               objected
               ,
               that
               the
               Houses
               of
               Lords
               and
               Commons
               could
               make
               no
               Act.
               Truly
               ,
               my
               Lord
               ,
               if
               you
               will
               not
               allow
               them
               to
               be
               Acts
               ,
               though
               they
               intitle
               them
               so
               ,
               call
               them
               so
               ,
               and
               obeyed
               as
               so
               by
               the
               Judges
               ,
               Ministers
               ,
               and
               Officers
               of
               State
               ,
               and
               by
               all
               other
               persons
               in
               the
               Nation
               ,
               yet
               I
               hope
               they
               cannot
               be
               denied
               to
               be
               Orders
               of
               Parliament
               ;
               and
               were
               they
               no
               more
               but
               Orders
               ,
               yet
               were
               they
               sufficient
               ,
               as
               I
               humbly
               couceive
               ,
               to
               bear
               out
               such
               as
               acted
               thereby
               .
               And
               my
               Lord
               ,
               the
               Parliament
               thus
               constituted
               ,
               and
               having
               made
               their
               Generals
               ,
               he
               by
               their
               Authority
               did
               constitute
               and
               appoint
               me
               to
               be
               an
               Inferior
               Officer
               in
               the
               Army
               ,
               serving
               them
               in
               the
               quarters
               of
               the
               Parliament
               ,
               and
               under
               and
               within
               their
               power
               ;
               
               and
               what
               I
               have
               done
               ,
               my
               Lord
               ,
               it
               hath
               been
               done
               only
               as
               a
               Souldier
               ,
               deriving
               my
               power
               from
               the
               General
               ,
               he
               had
               his
               power
               from
               the
               Fountain
               ,
               to
               wit
               ,
               the
               Lords
               and
               Commons
               ;
               and
               ,
               my
               Lord
               ,
               this
               being
               done
               ,
               as
               hath
               been
               said
               by
               several
               ,
               that
               I
               was
               there
               ,
               and
               had
               command
               at
               Westminster-Hall
               ;
               truly
               ,
               my
               Lord
               ,
               if
               the
               Parliament
               command
               the
               General
               ,
               and
               the
               General
               the
               inferiour
               Officers
               ,
               I
               am
               bound
               by
               my
               Commission
               ,
               according
               to
               the
               Laws
               and
               Customs
               of
               War
               to
               be
               where
               the
               Regiment
               is
               ;
               I
               came
               not
               thither
               voluntarily
               ,
               but
               by
               command
               of
               the
               General
               ,
               who
               had
               a
               Commission
               (
               as
               I
               said
               before
               )
               from
               the
               Parliament
               .
               I
               was
               no
               Counsellor
               ,
               no
               Contriver
               ,
               I
               was
               no
               Parliament-man
               ,
               none
               of
               the
               Judges
               ,
               none
               that
               Sentenced
               ,
               Signed
               ,
               none
               that
               had
               any
               hand
               in
               the
               Execution
               ,
               onely
               that
               which
               is
               charged
               is
               that
               I
               was
               an
               Officer
               in
               the
               Army
               ,
               if
               that
               be
               so
               great
               a
               crime
               ,
               I
               conceive
               I
               am
               no
               more
               guilty
               than
               the
               Earl
               of
               
                 Essex
                 ,
                 Fairfax
              
               ,
               or
               the
               Lord
               of
               Manchester
               .
            
          
           
             
               Judg
               Mallet
               .
            
             
               You
               are
               not
               charged
               as
               you
               were
               an
               Officer
               of
               the
               Army
               .
            
          
           
             
               Axtell
               .
            
             
               My
               Lords
               ,
               That
               is
               the
               main
               thing
               they
               do
               insist
               upon
               :
               my
               Lord
               ,
               I
               am
               no
               more
               guilty
               than
               his
               Excellency
               the
               Lord
               General
               Monck
               ,
               who
               Acted
               by
               the
               same
               Authority
               ,
               and
               all
               the
               People
               in
               the
               three
               Nations
               ;
               and
               my
               Lord
               ,
               I
               do
               humbly
               suppose
               if
               the
               Authority
               had
               been
               only
               an
               Authority
               in
               Fact
               and
               not
               Right
               ,
               yet
               those
               that
               Acted
               under
               them
               ,
               ought
               not
               to
               be
               questioned
               ;
               but
               if
               the
               Authority
               commanded
               whatsoever
               offence
               they
               committed
               ,
               especially
               that
               that
               guided
               me
               was
               no
               less
               than
               the
               declared
               Judgment
               of
               the
               Lords
               and
               Commons
               sitting
               in
               Parliament
               ;
               they
               declared
               that
               was
               their
               right
               as
               to
               the
               Militia
               ,
               and
               having
               explained
               several
               Statutes
               of
               Henry
               the
               7th
               ,
               wherein
               the
               King
               having
               enterchanged
               Declarations
               with
               the
               Parliament
               ,
               the
               Parliament
               comes
               to
               make
               an
               Explanation
               on
               that
               Statute
               ;
               and
               ,
               my
               Lord
               it
               is
               in
               Folio
               280.
               wherein
               they
               do
               positively
               expound
               it
               ,
               and
               declare
               it
               as
               their
               allowed
               Judgment
               .
               To
               clear
               up
               all
               scruples
               to
               all
               that
               should
               take
               up
               Arms
               for
               them
               ;
               saith
               the
               Parliament
               there
               as
               to
               the
               Statute
               of
               11.
               of
               Henry
               the
               7th
               .
               Chapter
               the
               first
               ,
               which
               is
               printed
               at
               large
               ,
               comes
               there
               to
               
               explain
               it
               in
               general
               ,
               and
               comes
               here
               ,
               Folio
               281.
               and
               gives
               this
               Judgment
               ;
               
                 It
                 is
                 not
                 ,
                 say
                 they
                 ,
                 agreeable
                 to
                 Reason
                 or
                 Conscience
                 that
                 any
                 ones
                 duty
                 should
                 be
                 known
                 ,
                 if
                 the
                 Judgment
                 of
                 the
                 High
                 Court
                 of
                 Parliament
                 be
                 not
                 a
                 Rule
                 or
                 Guide
                 to
                 them
                 .
              
               In
               the
               next
               place
               ,
               this
               is
               the
               next
               Guidance
               ,
               Rule
               ,
               and
               Judgment
               of
               Parliament
               ,
               upon
               the
               Exposition
               of
               this
               Statute
               and
               as
               they
               have
               said
               in
               several
               places
               (
               was
               it
               not
               too
               much
               to
               take
               up
               your
               Lordships
               time
               )
               they
               are
               the
               proper
               
                 Judges
                 and
                 Expounders
                 of
                 the
                 Laws
                 .
              
               The
               High
               Court
               of
               Parliament
               have
               taken
               upon
               them
               to
               expound
               the
               Law
               ,
               and
               said
               ,
               that
               we
               Lawyers
               will
               give
               the
               meaning
               of
               the
               Text
               contrary
               to
               what
               they
               have
               expounded
               the
               meaning
               under
               their
               hands
               :
               in
               the
               same
               Declaration
               his
               Majesty
               is
               pleased
               to
               quit
               that
               Statute
               upon
               which
               I
               stand
               Indicted
               ,
               the
               25th
               .
               of
               Edward
               the
               Third
               ,
               where
               they
               do
               my
               Lord
               expound
               that
               very
               Statute
               in
               the
               Declaration
               made
               in
               1643.
               
               Folio
               722.
               
               I
               come
               to
               the
               declared
               Judgment
               ,
               wherein
               they
               did
               positively
               say
               ,
               that
               the
               persons
               that
               do
               Act
               under
               their
               Authority
               ,
               ought
               not
               to
               be
               questioned
               as
               persons
               Guilty
               Folio
               727.
               that
               is
               the
               Exposition
               that
               the
               Lords
               and
               Commons
               Assembled
               in
               Parliament
               doth
               make
               upon
               the
               statute
               .
            
          
           
             
               Councel
               .
            
             
               My
               Lord
               ,
               this
               is
               an
               Argumentation
               of
               Discourse
               in
               justification
               of
               his
               proceedings
               ,
               we
               desire
               to
               know
               what
               he
               will
               answer
               as
               to
               the
               Plea.
               
            
          
           
             
               Axtell
               .
            
             
               My
               Lords
               ,
               I
               have
               this
               further
               to
               say
               ,
               that
               if
               a
               House
               of
               Commons
               Assembled
               in
               Parliament
               may
               be
               Guilty
               of
               Treason
               ;
               (
               for
               the
               truth
               is
               ,
               if
               I
               Acted
               Treason
               that
               Acted
               under
               the
               Authority
               of
               the
               Lords
               and
               Commons
               in
               Parliament
               ,
               and
               of
               the
               Commons
               in
               Parliament
               )
               then
               doubtless
               they
               must
               begin
               the
               Treason
               :
               if
               the
               House
               of
               Commons
               ,
               who
               are
               the
               collective
               body
               and
               Representation
               of
               the
               Nation
               ,
               all
               the
               people
               of
               England
               ,
               who
               chose
               them
               ,
               are
               guilty
               too
               ;
               and
               then
               where
               will
               there
               be
               a
               Jury
               to
               try
               this
               ?
               concerning
               the
               Commons
               alone
               ,
               I
               have
               been
               over
               ruled
               .
            
          
           
             
               L.
               ch
               .
               Bar.
               
            
             
               If
               you
               have
               any
               thing
               to
               say
               to
               the
               Lords
               and
               Commons
               ,
               answer
               to
               your
               charge
               ;
               your
               charge
               is
               nothing
               of
               the
               Lords
               and
               Commons
               ;
               but
               what
               you
               Acted
               when
               the
               house
               was
               broke
               and
               Forced
               .
            
          
           
             
             
               Coun.
               
            
             
               You
               cannot
               but
               know
               that
               there
               is
               nothing
               charged
               against
               you
               ,
               for
               which
               you
               can
               so
               much
               as
               pretend
               an
               Authority
               of
               the
               Lords
               and
               Commons
               ,
               you
               know
               before
               you
               could
               do
               this
               Horrid
               Murther
               ,
               you
               were
               the
               persons
               that
               destroyed
               the
               Lords
               and
               Commons
               both
               ;
               indeed
               you
               Ravel
               in
               a
               business
               ,
               and
               to
               make
               people
               gaze
               upon
               you
               without
               any
               Ground
               .
            
          
           
             
               Axt.
               
            
             
               I
               am
               upon
               my
               life
               ,
               I
               hope
               you
               will
               hear
               me
               patiently
               .
            
          
           
             
               L.
               ch
               .
               Bar.
               
            
             
               God
               forbid
               but
               we
               should
               .
            
          
           
             
               Axt.
               
            
             
               I
               do
               desire
               to
               assert
               my
               Authority
               ;
               if
               any
               thing
               was
               done
               upon
               the
               House
               of
               Lords
               and
               Commons
               ,
               I
               do
               not
               come
               here
               to
               justifie
               their
               Actions
               ,
               I
               was
               not
               concerned
               in
               it
               .
               My
               next
               Plea
               is
               this
               ;
               that
               if
               a
               House
               of
               Commons
               can
               be
               charged
               Guilty
               of
               
                 High
                 Treason
              
               as
               a
               community
               ,
               the
               distributive
               Body
               must
               needs
               be
               Guilty
               .
            
          
           
             
               Court.
               
            
             
               If
               there
               should
               have
               been
               20
               or
               40
               men
               come
               out
               of
               the
               House
               of
               Commons
               ,
               and
               should
               Murther
               a
               man
               ,
               they
               must
               answer
               for
               that
               ;
               it
               is
               not
               the
               community
               that
               can
               do
               such
               an
               Act
               of
               Treason
               :
               these
               persons
               that
               you
               call
               a
               House
               of
               Commons
               ,
               there
               was
               but
               26
               of
               them
               ,
               and
               these
               must
               be
               the
               people
               ;
               this
               is
               the
               state
               of
               the
               case
               :
               and
               when
               you
               have
               thrust
               out
               thrice
               the
               number
               of
               those
               remaining
               ,
               only
               those
               can
               serve
               your
               turn
               .
            
          
           
             
               L.
               Annesly
               .
            
             
               Mr.
               Axtell
               .
               I
               am
               very
               sorry
               to
               see
               you
               in
               that
               place
               and
               it
               troubles
               me
               as
               much
               to
               hear
               you
               vent
               that
               for
               an
               Authority
               which
               you
               know
               your self
               was
               no
               Authority
               ;
               you
               would
               now
               for
               your
               defence
               for
               life
               (
               and
               it
               is
               reason
               you
               should
               make
               as
               full
               a
               defence
               for
               life
               as
               you
               can
               )
               you
               would
               shelter
               your self
               under
               that
               Authority
               ,
               which
               I
               am
               sorry
               I
               must
               say
               were
               one
               of
               the
               greatest
               Violators
               of
               :
               you
               cannot
               forget
               how
               near
               a
               close
               of
               this
               bloody
               war
               by
               the
               mercy
               of
               God
               ,
               this
               Nation
               was
               when
               the
               Army
               interposed
               ,
               whose
               Trade
               it
               was
               to
               live
               by
               War
               ,
               when
               they
               had
               felt
               so
               much
               of
               the
               sweet
               of
               War
               they
               would
               not
               suffer
               the
               people
               to
               enjoy
               peace
               ,
               though
               the
               Lords
               and
               Representatives
               in
               Parliament
               had
               agreed
               to
               it
               ;
               A
               Treaty
               was
               begun
               ,
               terms
               of
               peace
               propounded
               and
               agreed
               to
               ,
               this
               you
               cannot
               forget
               ,
               and
               will
               
               have
               no
               need
               of
               Notes
               or
               Books
               to
               help
               your
               Memory
               :
               when
               the
               people
               Groaned
               under
               the
               miseries
               of
               War
               ,
               and
               thirsted
               after
               Peace
               ,
               then
               came
               up
               the
               Army
               ,
               who
               were
               servants
               to
               the
               Parliament
               till
               that
               time
               ,
               taking
               upon
               them
               the
               Authority
               (
               you
               cannot
               forget
               that
               ,
               your self
               was
               one
               of
               the
               number
               that
               came
               to
               offer
               accusations
               against
               the
               majority
               of
               the
               Commons
               House
               ,
               calling
               them
               Rotten
               Members
               ;
               )
               the
               House
               of
               Lords
               was
               not
               then
               suffered
               to
               sit
               ,
               they
               would
               not
               joyn
               in
               that
               Ordinance
               that
               was
               preparing
               for
               the
               Tryal
               of
               the
               King
               ;
               when
               the
               Lords
               had
               refused
               ,
               they
               were
               no
               longer
               fit
               to
               be
               Lords
               neither
               ;
               then
               comes
               in
               a
               new
               Authority
               which
               we
               never
               heard
               of
               before
               ;
               a
               remnant
               of
               the
               House
               of
               Commons
               joyning
               with
               the
               Army
               ,
               that
               had
               driven
               away
               the
               greatest
               part
               of
               the
               House
               of
               Commons
               ;
               (
               for
               in
               all
               Assemblies
               and
               Courts
               the
               major
               part
               must
               determine
               ,
               or
               no
               determination
               )
               after
               this
               course
               was
               taken
               ,
               then
               is
               an
               Act
               set
               on
               foot
               ,
               they
               take
               upon
               them
               by
               Votes
               of
               their
               own
               to
               be
               the
               Parliament
               of
               England
               ,
               that
               the
               supreme
               power
               of
               the
               Nation
               is
               in
               the
               Representatives
               of
               the
               people
               ;
               who
               were
               they
               ?
               those
               few
               only
               that
               remained
               almost
               all
               the
               Cities
               ,
               Counties
               and
               Burroughs
               of
               England
               had
               none
               left
               to
               represent
               them
               ,
               they
               were
               driven
               away
               by
               Force
               ,
               then
               was
               this
               Act
               of
               Parliament
               (
               such
               an
               Act
               as
               was
               never
               heard
               of
               before
               )
               set
               on
               foot
               and
               passed
               as
               an
               Act
               by
               a
               few
               of
               the
               House
               of
               Commons
               ,
               if
               you
               can
               plead
               this
               for
               your
               defence
               ,
               this
               is
               the
               Act
               that
               you
               must
               shelter
               under
               .
               But
               you
               know
               the
               Lords
               and
               Commons
               had
               Unanimously
               resolved
               for
               peace
               ,
               and
               so
               agree
               with
               the
               King
               :
               if
               this
               Act
               will
               be
               any
               defence
               ,
               you
               may
               plead
               it
               to
               the
               full
               ;
               and
               this
               is
               all
               you
               have
               to
               say
               ;
               therefore
               go
               upon
               no
               Forreign
               matter
               .
            
          
           
             
               Axt.
               
            
             
               If
               it
               please
               your
               Lordship
               ,
               that
               worthy
               Lord
               that
               spoke
               last
               is
               pleased
               to
               say
               ,
               that
               I
               was
               one
               of
               the
               persons
               that
               did
               accuse
               some
               of
               those
               Members
               of
               Parliament
               ;
               truly
               my
               Lord
               ,
               I
               never
               did
               come
               to
               the
               Commons
               Bar
               but
               once
               ,
               presenting
               a
               petition
               ;
               and
               for
               my
               hand
               either
               in
               charging
               any
               of
               the
               Members
               ,
               or
               Secluding
               any
               of
               them
               ,
               I
               never
               had
               any
               hand
               in
               that
               matter
               ,
               this
               is
               all
               to
               that
               part
               .
               Next
               I
               Humbly
               conceive
               here
               I
               must
               ground
               my
               bottome
               ,
               and
               if
               I
               perish
               ,
               
               I
               perish
               by
               a
               Judgement
               in
               a
               Parliament
               ;
               My
               Commission
               that
               did
               Authorize
               me
               to
               obey
               my
               General
               ,
               was
               given
               me
               when
               the
               Lords
               and
               Commons
               sate
               in
               Parliament
               ,
               I
               had
               no
               other
               Commission
               then
               this
               :
               my
               Lord
               Fairfax
               commanded
               the
               Army
               after
               the
               Kings
               Death
               by
               the
               like
               Commission
               ,
               I
               did
               but
               my
               duty
               in
               going
               to
               my
               Regiment
               ,
               the
               General
               saith
               ,
               go
               to
               such
               a
               place
               ,
               stay
               there
               ,
               if
               I
               refuse
               ,
               by
               the
               law
               of
               War
               I
               Dye
               ,
               if
               I
               obey
               I
               am
               in
               danger
               likewise
               ;
               I
               say
               my
               Commission
               was
               given
               me
               by
               the
               Lords
               and
               Commons
               ,
               and
               therefore
               I
               hope
               my
               Lord
               that
               what
               I
               have
               said
               and
               offered
               in
               that
               particular
               ,
               is
               not
               Truthless
               but
               of
               Weight
               .
            
          
           
             
               Court.
               
            
             
               The
               Effect
               of
               your
               Commission
               is
               only
               to
               make
               you
               an
               Officer
               .
            
          
           
             
               Axtell
               .
            
             
               My
               Commission
               bears
               date
               the
               27th
               .
               of
               
                 March
                 1648.
              
               
               Ten
               months
               before
               the
               Kings
               Death
               ;
               we
               had
               no
               other
               Commissions
               ,
               therefore
               I
               humbly
               conceive
               the
               question
               will
               be
               this
               in
               point
               of
               law
               ,
               and
               I
               humbly
               desire
               it
               may
               be
               Truly
               and
               Fairly
               stated
               by
               your
               Lordship
               and
               these
               Honourable
               Jugdes
               ,
               that
               whether
               a
               man
               being
               guided
               by
               the
               Judgment
               of
               the
               Lords
               and
               Commons
               Assembled
               in
               Parliament
               ,
               and
               having
               declared
               their
               Judgments
               and
               Exposition
               of
               that
               Statute
               of
               the
               25th
               .
               of
               Edward
               the
               Third
               ,
               and
               Acting
               only
               by
               that
               Judgment
               of
               Parliament
               and
               under
               their
               Authority
               can
               be
               questioned
               for
               Treason
               .
               That
               my
               Lord
               is
               a
               question
               that
               I
               do
               humbly
               think
               is
               a
               point
               in
               law
               ,
               and
               that
               you
               will
               please
               fairly
               and
               truly
               to
               state
               it
               ,
               whether
               I
               am
               within
               the
               compass
               of
               that
               Statute
               whereupon
               I
               am
               indicted
               .
            
          
           
             
               Councel
               ,
            
             
               My
               Lord
               ,
               We
               do
               not
               charge
               him
               with
               any
               thing
               that
               he
               did
               Act
               under
               the
               colour
               of
               his
               Commission
               ,
               or
               with
               any
               thing
               he
               did
               before
               that
               ,
               but
               that
               which
               we
               charge
               him
               with
               are
               rhe
               Acts
               that
               he
               did
               at
               the
               Tryal
               of
               the
               King
               ,
               shew
               us
               your
               Commission
               from
               the
               Lords
               and
               Commons
               Assembled
               in
               Parliament
               for
               Tryal
               and
               Execution
               of
               the
               King
               ,
               you
               say
               something
               ;
               we
               do
               not
               charge
               him
               for
               any
               thing
               done
               by
               Vertue
               of
               that
               Commission
               ,
               but
               with
               those
               violent
               Acts
               that
               he
               did
               in
               encouraging
               the
               Souldiers
               to
               cry
               
                 Justice
                 ,
                 Justice
                 ,
                 Execution
                 ,
                 Execution
                 ,
              
               and
               all
               those
               other
               Violent
               Actions
               of
               his
               own
               malicious
               heart
               against
               the
               King.
               We
               humbly
               
               beseech
               you
               he
               may
               answer
               to
               that
               which
               is
               the
               charge
               against
               him
               ,
               and
               that
               is
               the
               
                 Compassing
                 and
                 Imagining
                 the
                 Death
                 of
                 the
                 late
                 King
                 ,
              
               and
               his
               declaring
               that
               by
               those
               overt-acts
               that
               we
               have
               proved
               .
               My
               Lords
               ,
               we
               desire
               that
               the
               Prisoner
               at
               the
               Bar
               may
               remember
               that
               he
               is
               not
               Indicted
               for
               levying
               War
               against
               the
               King
               ,
               if
               so
               ,
               then
               that
               Sir
               which
               you
               offer
               might
               be
               given
               as
               a
               Plea
               ,
               and
               we
               should
               have
               spoken
               to
               it
               ;
               but
               you
               are
               Indicted
               for
               
                 Compassing
                 and
                 Imagining
                 the
                 Death
                 of
                 the
                 King
              
               ;
               and
               that
               which
               we
               have
               given
               in
               ▪
               Evidence
               were
               the
               subsequent
               overtacts
               to
               prove
               the
               same
               .
            
          
           
             
               Axtell
               .
            
             
               I
               hope
               you
               will
               not
               think
               it
               much
               to
               give
               me
               some
               more
               freedom
               for
               my
               own
               defence
               for
               life
               ;
               My
               Lord
               ,
               I
               must
               needs
               say
               though
               there
               was
               a
               force
               on
               the
               Parliament
               ,
               I
               am
               not
               to
               justifie
               it
               ;
               I
               was
               no
               Lawyer
               ,
               no
               Statesman
               ,
               no
               Councellor
               ,
               but
               a
               Souldier
               ;
               and
               if
               the
               General
               who
               had
               a
               Commission
               from
               the
               Lords
               and
               Commons
               ,
               and
               that
               some
               years
               before
               and
               after
               the
               King's
               Death
               ,
               be
               not
               guilty
               of
               Treason
               ,
               what
               I
               did
               was
               by
               command
               from
               my
               General
               ;
               and
               though
               I
               am
               charged
               with
               being
               in
               Arms
               in
               Westminster-hall
               ,
               and
               at
               such
               and
               such
               a
               place
               ,
               yet
               it
               was
               not
               a
               Voluntary
               Act
               ;
               for
               I
               was
               bound
               to
               obey
               my
               General
               ;
               I
               do
               humbly
               pray
               that
               I
               may
               have
               your
               Lordships
               Judgment
               in
               this
               point
               ;
               I
               must
               say
               it
               was
               from
               the
               sense
               of
               their
               exposition
               of
               the
               Law
               and
               of
               the
               Statutes
               ,
               and
               from
               the
               Authority
               that
               every
               one
               took
               up
               Arms
               for
               and
               served
               them
               ,
               and
               obeyed
               either
               the
               one
               General
               or
               the
               other
               ;
               I
               say
               it
               was
               under
               this
               very
               Authority
               ,
               and
               this
               must
               needs
               acquit
               me
               from
               all
               the
               guilt
               that
               is
               laid
               upon
               me
               .
            
          
           
             
               L.
               ch
               .
               Bar.
               
            
             
               You
               put
               your self
               upon
               the
               Judgment
               of
               the
               Court
               upon
               this
               which
               you
               call
               a
               point
               in
               Law.
               First
               ,
               it
               is
               manifest
               that
               there
               is
               no
               excuse
               at
               all
               for
               Treason
               ,
               no
               man
               by
               his
               Commission
               can
               warrant
               the
               doing
               of
               an
               Act
               which
               is
               Treason
               :
               you
               must
               take
               notice
               of
               the
               Authority
               whether
               it
               be
               good
               or
               no
               ,
               your
               Commission
               was
               not
               to
               put
               the
               King
               to
               Death
               ,
               but
               on
               the
               contrary
               ,
               to
               preserve
               the
               Kings
               life
               .
               The
               Lords
               and
               Commons
               what
               they
               did
               ,
               we
               do
               not
               meddle
               with
               the
               Reason
               and
               Ground
               of
               what
               they
               did
               was
               the
               preservation
               of
               the
               Kings
               Person
               ,
               as
               well
               as
               the
               maintenance
               of
               the
               
               Laws
               and
               Liberties
               of
               this
               Nation
               ,
               they
               made
               Protestations
               ,
               Declarations
               ,
               and
               Oaths
               for
               the
               preservation
               of
               the
               King's
               Person
               ;
               and
               you
               could
               not
               but
               take
               notice
               of
               those
               things
               :
               Now
               whereas
               you
               go
               about
               to
               shroud
               your self
               under
               the
               Lord
               Fairfax
               ,
               he
               had
               no
               such
               Power
               ,
               and
               therefore
               you
               can
               challenge
               no
               more
               then
               he
               had
               :
               and
               to
               what
               you
               say
               concerning
               the
               Judgment
               of
               the
               Parliament
               ,
               there
               will
               be
               a
               great
               deal
               of
               difference
               between
               a
               particular
               Case
               ,
               and
               a
               Declaration
               of
               Lords
               and
               Commons
               ;
               there
               is
               nothing
               you
               have
               said
               that
               hath
               any
               thing
               of
               Force
               ,
               and
               God
               forbid
               you
               should
               make
               use
               of
               it
               ;
               But
               I
               must
               tell
               you
               ,
               you
               could
               not
               but
               notoriously
               know
               all
               those
               Transactions
               that
               were
               in
               the
               Army
               ,
               what
               the
               Army
               had
               done
               ,
               that
               they
               came
               up
               with
               Swords
               in
               their
               Hands
               ,
               and
               turn'd
               out
               whom
               they
               would
               ;
               you
               saw
               what
               the
               Lords
               and
               Commons
               had
               done
               ,
               that
               the
               Treaty
               was
               ready
               for
               his
               Birth
               ;
               And
               then
               you
               come
               up
               with
               your
               Mermidons
               ,
               with
               Force
               and
               Arms
               and
               Exclude
               the
               greatest
               part
               of
               the
               Members
               ,
               and
               then
               the
               Lords
               were
               laid
               aside
               :
               it
               is
               true
               ,
               the
               Lords
               were
               not
               wholly
               dissolved
               ,
               but
               they
               would
               not
               suffer
               them
               to
               Sit
               nor
               Act
               at
               all
               ,
               and
               this
               was
               apparent
               to
               the
               Nation
               .
               If
               men
               under
               colour
               and
               pretence
               of
               such
               things
               ,
               Namely
               ,
               that
               a
               few
               persons
               (
               for
               so
               they
               were
               )
               but
               an
               Eighth
               part
               of
               the
               House
               of
               Commons
               permitted
               to
               remain
               ,
               and
               of
               that
               Eighth
               part
               (
               which
               was
               but
               46
               in
               the
               whole
               )
               there
               were
               but
               26
               that
               Voted
               that
               Act
               which
               you
               say
               you
               obeyed
               :
               but
               you
               say
               you
               obeyed
               the
               General
               :
               you
               were
               not
               to
               obey
               the
               General
               in
               this
               Case
               ;
               for
               the
               Facts
               that
               you
               have
               committed
               ,
               are
               not
               charged
               as
               Acts
               of
               War
               ;
               you
               are
               not
               charged
               for
               bringing
               the
               Souldiers
               in
               ,
               but
               for
               those
               Violent
               Actions
               that
               you
               were
               guilty
               of
               there
               ;
               you
               made
               the
               Souldiers
               cry
               out
               ,
               
                 Justice
                 ,
                 Justice
                 ,
                 Execution
                 ,
                 Execution
                 ,
              
               you
               sent
               officiously
               for
               a
               Hang-man
               to
               come
               down
               to
               you
               ;
               your
               Commission
               gave
               you
               no
               power
               for
               this
               ,
               the
               Death
               of
               the
               King
               you
               know
               how
               it
               was
               designed
               ,
               you
               know
               the
               Act
               for
               the
               bringing
               in
               of
               that
               Commission
               (
               as
               they
               call'd
               it
               )
               to
               sit
               in
               justice
               was
               after
               the
               House
               of
               Commons
               was
               reduced
               to
               a
               very
               small
               Number
               ,
               and
               some
               of
               those
               dissenting
               too
               ,
               what
               you
               did
               Act
               under
               that
               Authority
               ,
               if
               you
               can
               justifie
               it
               ,
               in
               the
               Name
               of
               God
               say
               so
               ,
               but
               do
               not
               Engage
               the
               Nation
               in
               those
               
               things
               which
               they
               abhorred
               ,
               and
               by
               the
               mercy
               of
               God
               are
               laid
               asleep
               .
            
          
           
             
               Mr.
               Justice
               Foster
               .
            
             
               You
               begin
               at
               the
               wrong
               End
               ,
               you
               ought
               as
               all
               men
               ought
               to
               do
               First
               ,
               to
               answer
               the
               matter
               of
               Fact
               ,
               and
               not
               to
               put
               in
               these
               long
               dilatory
               Pleas
               till
               you
               have
               answered
               the
               matter
               of
               Fact
               ,
               whether
               those
               things
               charged
               on
               you
               be
               true
               or
               not
               ;
               then
               if
               you
               have
               any
               thing
               further
               to
               say
               for
               your self
               by
               way
               of
               excuse
               ,
               it
               will
               be
               the
               time
               to
               speak
               and
               not
               before
               .
            
          
           
             
               Axt.
               
            
             
               May
               it
               please
               your
               Lordships
               ,
               I
               humbly
               conceive
               I
               am
               upon
               that
               method
               to
               the
               first
               part
               of
               the
               witness
               ,
               they
               accuse
               me
               for
               commanding
               my
               Souldiers
               in
               Westminster-hall
               ,
               then
               I
               must
               prove
               my
               Authority
               ,
               which
               I
               have
               been
               about
               to
               do
               ,
               and
               declared
               the
               Judgment
               of
               Parliament
               .
            
          
           
             
               L.
               ch
               .
               B.
               
            
             
               The
               Court
               have
               heard
               you
               with
               a
               great
               deal
               of
               patience
               ,
               and
               that
               which
               is
               not
               at
               all
               to
               the
               business
               .
            
          
           
             
               Axtell
               .
            
             
               I
               only
               refer
               this
               as
               to
               the
               Authority
               (
               I
               humbly
               conceive
               you
               will
               give
               me
               leave
               to
               insist
               upon
               this
               ,
               and
               how
               far
               I
               may
               improve
               it
               for
               my
               own
               defence
               )
               here
               is
               the
               Commission
               by
               which
               my
               Lord
               Fairfax
               acted
               and
               that
               after
               the
               King's
               Death
               ,
               and
               I
               acted
               by
               the
               same
               Authority
               he
               did
               ,
               I
               had
               not
               been
               at
               Westminster-hall
               but
               on
               the
               command
               of
               the
               General
               .
            
          
           
             
               Court.
               
            
             
               Doth
               that
               Commission
               Authorize
               you
               to
               cry
               
                 Justice
                 ,
                 Justice
              
               ?
               and
               to
               look
               up
               and
               down
               to
               get
               Witnesses
               against
               the
               King
               ,
               is
               that
               in
               your
               Commission
               ?
            
          
           
             
               Axt.
               
            
             
               I
               am
               to
               serve
               and
               obey
               all
               my
               Superior
               Officers
               ,
               that
               is
               my
               Commission
               ;
               if
               I
               do
               not
               ,
               I
               die
               by
               the
               Law
               of
               War.
               
            
          
           
             
               Court.
               
            
             
               You
               are
               to
               obey
               them
               in
               their
               just
               commands
               ,
               all
               unjust
               commands
               are
               invalid
               .
               If
               our
               Superiors
               should
               command
               us
               to
               undue
               and
               irregular
               things
               (
               much
               more
               if
               to
               the
               committing
               of
               Treason
               )
               we
               are
               in
               each
               Case
               to
               make
               use
               of
               our
               passive
               not
               active
               Obedience
               .
            
          
           
             
               Axt.
               
            
             
               Under
               Favour
               ,
               it
               is
               not
               proved
               ,
               
                 that
                 I
                 did
                 either
                 Compass
                 or
                 Imagine
                 the
                 King's
                 Death
                 ,
              
               that
               is
               matter
               of
               Fact.
               
            
          
           
             
               Court.
               
            
             
               Let
               us
               try
               that
               .
            
          
           
             
               Axt.
               
            
             
               My
               Lord
               ,
               I
               did
               nothing
               but
               as
               a
               meer
               Souldier
               ,
               I
               had
               Authority
               from
               the
               General
               ,
               I
               would
               leave
               this
               before
               your
               Lordships
               and
               the
               Jury
               ,
               that
               what
               I
               have
               done
               hath
               been
               by
               Authority
               of
               the
               Genetal
               .
            
          
           
             
             
               L.
               Hollis
               .
            
             
               Sir
               a
               word
               to
               you
               .
               If
               you
               could
               satisfie
               the
               Court
               that
               you
               had
               received
               a
               Commission
               from
               the
               General
               to
               do
               those
               things
               with
               which
               you
               stand
               charged
               it
               were
               something
               ,
               then
               were
               it
               proper
               for
               you
               to
               plead
               it
               ,
               and
               the
               Court
               to
               judg
               .
               Pray
               take
               this
               along
               with
               you
               ,
               the
               General
               gave
               you
               no
               such
               command
               ,
               what
               you
               are
               charged
               with
               in
               the
               Indictment
               ,
               
                 is
                 for
                 Compassing
                 and
                 Imagining
                 the
                 Death
                 of
                 the
                 King
                 ,
              
               and
               that
               by
               such
               and
               such
               overt
               acts
               ,
               as
               making
               your
               Souldiers
               cry
               out
               
                 Justice
                 and
                 Execution
              
               ,
               for
               being
               active
               and
               forward
               in
               sending
               for
               the
               Executioner
               ,
               and
               such
               other
               Acts
               ,
               prove
               these
               are
               in
               your
               Commission
               ,
               and
               you
               say
               something
               :
               I
               am
               sure
               ,
               you
               cannot
               be
               ignorant
               ,
               that
               That
               very
               Authority
               that
               you
               do
               now
               urge
               to
               give
               life
               and
               power
               to
               your
               Actions
               ,
               that
               you
               destroyed
               it
               ,
               laid
               it
               in
               the
               dust
               ,
               acted
               contrary
               to
               it
               several
               ways
               when
               the
               Parliament
               protested
               against
               fetching
               the
               King
               from
               Holmby
               as
               they
               did
               ,
               when
               they
               went
               on
               proceeding
               in
               the
               way
               of
               peace
               ,
               then
               came
               you
               up
               to
               the
               Bar
               (
               I
               think
               you
               your self
               )
               and
               charged
               some
               of
               the
               Members
               ;
               first
               11
               as
               rotten
               Members
               ,
               and
               these
               Men
               were
               forced
               away
               ;
               this
               you
               know
               your
               General
               had
               no
               Commission
               to
               do
               ,
               and
               this
               you
               know
               was
               a
               Violation
               of
               that
               Power
               that
               gave
               our
               General
               the
               Commission
               .
               After
               that
               when
               the
               Treaty
               was
               brought
               on
               in
               the
               
                 Isle
                 of
                 Wight
              
               ,
               when
               there
               was
               great
               hopes
               of
               peace
               ,
               then
               you
               knew
               the
               King
               was
               hurried
               thence
               by
               Force
               ,
               which
               the
               Parliament
               protested
               against
               .
               After
               that
               when
               both
               the
               House
               of
               Commons
               and
               Lords
               came
               to
               consider
               of
               one
               particular
               that
               passed
               ,
               they
               resolved
               that
               it
               was
               sufficient
               ground
               to
               proceed
               on
               for
               the
               settlement
               of
               peace
               ;
               then
               did
               you
               fall
               upon
               these
               Houses
               and
               tear
               them
               in
               pieces
               ,
               and
               throwing
               out
               above
               200
               ,
               suffering
               only
               about
               40
               to
               remain
               ,
               and
               they
               were
               glad
               to
               send
               for
               one
               Member
               out
               of
               Prison
               to
               make
               up
               a
               House
               .
               That
               which
               you
               say
               of
               the
               Supreme
               Authority
               ,
               and
               that
               by
               Vertue
               of
               which
               you
               did
               Act
               ;
               it
               shews
               that
               you
               did
               not
               at
               all
               go
               by
               any
               Authority
               ,
               but
               you
               followed
               your
               own
               Lusts
               ;
               and
               therefore
               do
               not
               few
               these
               Fig-leaves
               together
               ,
               which
               will
               stand
               you
               in
               no
               stead
               ;
               if
               you
               would
               apply
               your self
               to
               answer
               that
               which
               you
               were
               charged
               with
               ,
               it
               were
               something
               .
            
          
           
             
               Axt.
               
            
             
               I
               do
               desire
               to
               have
               no
               more
               interruptions
               then
               is
               me●
               
               〈◊〉
               making
               my
               own
               Defence
               .
               My
               Lord
               ,
               here
               are
               many
               things
               by
               way
               of
               motive
               urged
               to
               the
               Jury
               ,
               which
               is
               not
               within
               the
               Charge
               ,
               I
               desire
               I
               may
               have
               that
               fair
               play
               ,
               
                 that
                 nothing
                 may
                 be
                 urg'd
                 but
                 what
                 is
                 in
                 the
                 charge
                 .
              
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               You
               give
               the
               occasion
               Mr.
               Axtell
               ,
               keep
               to
               the
               matter
               ,
               and
               you
               shall
               not
               be
               interrupted
               .
            
          
           
             
               Lord
               Hollis
               .
            
             
               I
               shall
               be
               very
               sorry
               to
               urge
               any
               thing
               against
               you
               which
               doth
               not
               necessarily
               follow
               ;
               for
               what
               you
               say
               touching
               your
               Authority
               ,
               I
               shall
               shew
               you
               have
               no
               Authority
               .
            
          
           
             
               Axtell
               .
            
             
               My
               Lord
               ,
               I
               have
               the
               same
               Commission
               as
               the
               General
               ;
               what
               I
               did
               was
               not
               of
               mine
               own
               head
               :
               I
               had
               a
               Command
               .
               As
               for
               all
               that
               hath
               been
               charged
               against
               me
               ,
               I
               shall
               say
               this
               ;
               I
               was
               none
               of
               the
               Court
               ,
               I
               did
               not
               fetch
               the
               King
               from
               the
               
                 Isle
                 of
                 Wight
              
               ,
               nor
               advised
               ,
               compassed
               ,
               or
               imagined
               his
               Death
               ,
               or
               sentenced
               him
               to
               Death
               ,
               or
               signed
               the
               Warrant
               for
               his
               Execution
               ,
               or
               Executed
               Him
               ;
               I
               am
               none
               of
               them
               .
               My
               Lords
               ,
               and
               therefore
               whoever
               did
               make
               any
               breach
               upon
               the
               House
               of
               Commons
               ,
               they
               were
               Grandees
               ,
               persons
               of
               a
               greater
               Quality
               ;
               I
               was
               an
               inferior
               Officer
               ,
               I
               was
               never
               at
               the
               House
               Bar
               ,
               but
               upon
               presenting
               one
               Petition
               to
               the
               Parliament
               from
               the
               Army
               .
               I
               shall
               now
               come
               to
               speak
               to
               the
               Evidence
               which
               hath
               been
               given
               particularly
               against
               me
               ;
               and
               the
               first
               ,
               my
               Lord
               ,
               is
               Mr.
               Simpson
               ,
               he
               saith
               ,
               I
               had
               the
               Commands
               of
               the
               Guards
               at
               Westminster-Hall
               .
               My
               Lords
               ,
               I
               have
               told
               you
               already
               ,
               shewn
               you
               by
               what
               Authority
               I
               came
               thither
               ,
               and
               that
               I
               ought
               not
               to
               refuse
               ;
               if
               I
               had
               ,
               according
               to
               the
               laws
               of
               War
               ,
               I
               must
               have
               suffer'd
               death
               ;
               and
               that
               is
               all
               as
               to
               Mr.
               Sympson
               ,
               only
               that
               a
               Lady
               (
               he
               knows
               not
               who
               )
               spake
               something
               there
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               He
               saith
               he
               heard
               you
               bid
               the
               Souldiers
               give
               fire
               against
               the
               Lady
               .
            
          
           
             
               Axt.
               
            
             
               My
               Lord
               ,
               I
               must
               say
               ,
               if
               there
               was
               any
               Lady
               that
               did
               speak
               ,
               who
               she
               was
               I
               know
               no
               more
               than
               the
               least
               child
               here
               :
               but
               my
               Lord
               ,
               to
               silence
               a
               Lady
               ,
               I
               suppose
               is
               no
               Treason
               .
               If
               a
               Lady
               will
               talk
               impertinently
               ,
               it
               is
               no
               Treason
               to
               bid
               her
               hold
               her
               tongue
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               A
               Lady
               was
               speaking
               pertinently
               enough
               ,
               when
               she
               heard
               Bradshaw
               say
               to
               the
               King
               ,
               such
               a
               Charge
               is
               exhibited
               
               a
               charge
               of
               High
               Treason
               against
               Him
               ,
               
                 in
                 the
                 Name
                 of
                 the
                 Commons
                 assembled
                 in
                 Parliament
                 ,
                 and
                 the
                 good
                 People
                 of
              
               England
               ;
               she
               said
               ,
               
                 That
                 was
                 a
                 lye
                 ,
                 not
                 half
                 ,
                 nor
                 a
                 quarter
                 of
                 the
                 people
                 of
                 England
                 ,
                 That
              
               Oliver
               Cromwel
               
                 was
                 a
                 Traytor
              
               ;
               Then
               you
               took
               upon
               you
               to
               command
               Souldiers
               to
               fire
               at
               her
               ;
               and
               accordingly
               they
               levelled
               the
               muzles
               of
               their
               Musquets
               towards
               her
               .
            
          
           
             
               Axtell
               .
            
             
               My
               Lord
               ,
               as
               to
               that
               particular
               concerning
               
                 Oliver
                 Cromwell
              
               ,
               or
               any
               other
               words
               concerning
               the
               Court
               ,
               I
               understand
               them
               not
               ;
               but
               if
               any
               interruption
               was
               made
               ,
               to
               preserve
               the
               peace
               ,
               to
               desire
               a
               Woman
               to
               hold
               her
               tongue
               is
               no
               Treason
               .
               To
               the
               next
               particular
               wherein
               
                 Col.
                 Huncks
              
               saith
               ,
               at
               a
               door
               at
               a
               certain
               lodging
               where
               Ireton
               and
               Harrison
               were
               in
               Bed
               together
               ,
               he
               saith
               ,
               that
               upon
               his
               refusal
               to
               sign
               the
               Warrant
               for
               executing
               the
               King
               ,
               I
               said
               to
               him
               ,
               Col.
               
                 Huncks
                 ,
                 I
                 am
                 ashamed
                 of
                 you
                 ,
                 the
                 Ship
                 is
                 now
                 coming
                 into
                 Harbour
                 ,
                 and
                 will
                 you
                 strike
                 Sayle
                 before
                 we
                 come
                 to
                 Anchor
                 ?
              
               truly
               my
               Lord
               I
               think
               all
               that
               amounts
               to
               nothing
               ,
               if
               it
               were
               so
               ,
               which
               I
               deny
               it
               ;
               for
               to
               bring
               the
               Ship
               into
               Harbor
               ,
               what
               is
               that
               ?
               there
               is
               no
               person
               named
               ,
               Fact
               named
               ,
               nor
               Design
               named
               ?
               and
               I
               appeal
               to
               my
               conscience
               ,
               I
               remember
               not
               the
               time
               ,
               place
               ,
               person
               ,
               or
               words
               ;
               and
               I
               can
               call
               for
               Col.
               Phayre
               and
               Col.
               Hacker
               ,
               who
               were
               there
               ;
               for
               I
               desire
               things
               may
               appear
               right
               ,
               I
               desire
               they
               two
               persons
               may
               be
               called
               for
               their
               Evidence
               in
               that
               point
               .
            
          
           
             
               L.
               ch
               .
               Bar.
               
            
             
               They
               both
               are
               in
               the
               same
               condition
               ,
               Col.
               Hacker
               in
               the
               prison
               behind
               you
               ,
               Col.
               Phayre
               ,
               in
               the
               Tower
               ;
               Mr.
               Axtell
               ,
               you
               know
               the
               strength
               of
               one
               Affirmative
               witness
               ,
               I
               saw
               such
               a
               man
               ,
               and
               heard
               such
               a
               man
               say
               ,
               &c.
               is
               more
               then
               if
               twenty
               should
               witness
               they
               stood
               by
               ,
               but
               did
               not
               see
               him
               ,
               or
               hear
               him
               speak
               .
            
          
           
             
               Axt.
               
            
             
               My
               Lord
               ,
               he
               saith
               only
               this
               ,
               I
               saw
               you
               at
               the
               door
               going
               unto
               Ireton's
               chamber
               ,
               and
               said
               ,
               
                 will
                 you
                 strike
                 Sayl
              
               ,
               &c.
               
               Truly
               my
               Lord
               he
               doth
               not
               say
               ,
               what
               ,
               or
               how
               ,
               or
               any
               thing
               I
               meant
               ;
               there
               must
               be
               according
               to
               Sir
               
                 Edward
                 Cook
                 's
              
               7th
               Book
               of
               his
               Institutes
               that
               Oracle
               of
               the
               Law
               :
               he
               saith
               ,
               
                 That
                 Evidence
                 ought
                 to
                 he
                 as
                 clear
                 as
                 the
                 Sun
                 at
                 noon
                 day
              
               ;
               All
               that
               you
               can
               say
               is
               this
               ;
               it
               must
               be
               a
               wide
               Inference
               ,
               a
               large
               Inference
               ,
               I
               conceive
               there
               is
               nothing
               in
               these
               two
               witnesses
               ,
               and
               if
               the
               two
               Prisoners
               were
               here
               ,
               they
               would
               clear
               me
               in
               this
               .
            
          
           
             
             
               L.
               ch
               .
               Bar.
               
            
             
               If
               by
               Law
               you
               could
               have
               had
               them
               ,
               you
               should
               ;
               but
               I
               fear
               if
               they
               could
               be
               admitted
               ,
               they
               would
               not
               be
               to
               your
               advantage
               .
            
          
           
             
               Axtell
               .
            
             
               Then
               my
               Lord
               ,
               in
               the
               next
               place
               Col.
               Temple
               is
               pleased
               to
               say
               ,
               that
               the
               Lady
               Fairfax
               saying
               something
               against
               the
               Court
               (
               which
               in
               truth
               as
               I
               said
               before
               ,
               I
               know
               not
               who
               it
               was
               ,
               or
               what
               the
               words
               were
               )
               he
               saith
               ,
               I
               bid
               Fire
               against
               them
               ,
               I
               did
               nothing
               but
               what
               I
               was
               commanded
               upon
               pain
               of
               Death
               to
               preserve
               peace
               ,
               and
               in
               pursuance
               of
               that
               command
               from
               the
               superior
               Officers
               of
               the
               Army
               ?
               silence
               was
               required
               ,
               and
               that
               was
               all
               that
               was
               done
               .
               I
               suppose
               where
               a
               man
               is
               commanded
               to
               keep
               silence
               ,
               as
               the
               Sheriff
               is
               required
               to
               keep
               all
               at
               peace
               in
               a
               Court
               ;
               if
               he
               restrain
               a
               person
               that
               will
               not
               be
               quiet
               ,
               it
               is
               not
               Treason
               in
               him
               ,
               nor
               in
               me
               in
               this
               particular
               .
               My
               Lord
               ,
               in
               the
               next
               place
               Mr.
               Temple
               is
               pleased
               to
               say
               ,
               that
               I
               stood
               upon
               the
               pavement
               laughing
               ,
               while
               others
               sighed
               ;
               Truly
               my
               Lord
               ,
               I
               know
               not
               whether
               I
               saw
               the
               Gentleman
               or
               no
               ;
               certainly
               smiling
               is
               no
               Treason
               ,
               if
               I
               did
               so
               ,
               though
               I
               believe
               I
               had
               as
               great
               a
               sense
               that
               day
               as
               many
               other
               persons
               there
               ;
               this
               is
               the
               sum
               of
               that
               he
               saith
               ,
               only
               he
               further
               adds
               that
               I
               bid
               the
               Souldiers
               cry
               for
               Justice
               ,
               truly
               my
               Lord
               —
            
          
           
             
               L.
               ch
               .
               Bar.
               
            
             
               Because
               it
               may
               be
               your
               Notes
               are
               short
               ,
               I
               will
               acquaint
               you
               there
               was
               a
               little
               more
               in
               it
               ,
               he
               said
               you
               bid
               the
               Souldiers
               cry
               out
               ,
               
                 Justice
                 ,
                 Justice
              
               ;
               and
               they
               coming
               not
               very
               readily
               to
               it
               ,
               you
               struck
               some
               of
               them
               till
               they
               with
               your self
               cryed
               out
               
                 Justice
                 ,
                 Justice
              
               ,
               till
               they
               with
               your self
               did
               it
               .
            
          
           
             
               Axt.
               
            
             
               My
               Lord
               ,
               To
               that
               I
               answer
               ,
               that
               in
               the
               Hall
               there
               was
               some
               kind
               of
               people
               did
               set
               up
               a
               crying
               some
               kind
               of
               words
               ,
               and
               may
               be
               some
               of
               the
               Souldiers
               might
               cry
               so
               too
               ,
               I
               might
               command
               them
               to
               hold
               their
               Tongues
               ,
               and
               to
               say
               ,
               
                 I
                 'le
                 teach
                 you
                 to
                 cry
                 Justice
                 ,
              
               and
               so
               the
               Gentleman
               standing
               by
               ,
               might
               believe
               I
               was
               the
               person
               that
               bid
               them
               do
               it
               :
               Truly
               my
               Lord
               ,
               is
               this
               all
               that
               the
               Gentleman
               says
               ,
               which
               I
               humbly
               conceive
               is
               nothing
               ,
               because
               he
               does
               not
               say
               against
               any
               person
               ;
               and
               therefore
               my
               Lord
               ,
               I
               do
               hold
               to
               that
               Maxim
               in
               the
               Law
               ,
               as
               Sir
               
                 Edward
                 Cooke
              
               holds
               (
               that
               man
               of
               great
               parts
               of
               learning
               and
               knowledg
               )
               
                 That
                 in
                 matters
                 of
                 Treason
                 wherein
                 a
                 man
                 is
                 the
                 most
                 highliest
                 concern'd
                 in
                 his
                 life
                 and
                 posterity
                 ,
                 there
                 
                 ought
                 not
                 to
                 be
                 construed
                 against
                 him
                 Inferences
                 or
                 presumptions
                 ,
                 or
                 strains
                 of
                 wit
              
               ;
               there
               is
               no
               more
               in
               this
               ,
               and
               this
               is
               all
               that
               I
               say
               in
               this
               particular
               .
               In
               the
               next
               place
               ,
               Mr.
               Temple
               is
               pleased
               to
               say
               ,
               that
               after
               the
               Court
               had
               sentenced
               his
               Majesty
               ,
               he
               was
               hurried
               away
               in
               a
               Cedan
               :
               Truly
               ,
               whether
               he
               was
               or
               not
               I
               know
               not
               ,
               There
               was
               a
               Guard
               of
               Halbertiers
               ,
               whereof
               Col.
               Huncks
               was
               one
               ,
               and
               several
               others
               as
               I
               have
               heard
               ;
               they
               were
               Select
               Guards
               of
               his
               Majesty
               ,
               Guarding
               him
               from
               St.
               
               Jame's
               to
               other
               places
               :
               how
               he
               came
               to
               be
               hurried
               I
               know
               not
               ,
               it
               was
               not
               by
               me
               :
               and
               whereas
               he
               say's
               ,
               during
               the
               whole
               Tryal
               ,
               I
               was
               there
               ,
               truly
               I
               think
               I
               was
               there
               by
               command
               of
               my
               General
               by
               Authority
               of
               the
               Lords
               and
               Commons
               .
            
          
           
             
               L.
               ch
               .
               Bar.
               
            
             
               You
               speak
               this
               ,
               that
               the
               Jury
               may
               understand
               you
               did
               it
               by
               command
               of
               your
               General
               .
               Do
               you
               mean
               by
               express
               command
               ?
            
          
           
             
               Axt.
               
            
             
               I
               did
               not
               move
               a
               day
               but
               by
               special
               command
               .
            
          
           
             
               L.
               ch
               .
               Bar.
               
            
             
               By
               whom
               !
            
          
           
             
               Axtell
               .
            
             
               The
               Lotd
               Fairfax
               gave
               his
               Orders
               every
               morning
               to
               his
               Adjutant
               General
               ,
               or
               Major
               General
               ,
               and
               they
               issued
               them
               out
               to
               such
               and
               such
               persons
               as
               he
               appoints
               .
            
          
           
             
               L.
               ch
               .
               Bar.
               
            
             
               Who
               gave
               these
               Orders
               out
               ?
            
          
           
             
               Axt.
               
            
             
               The
               Lord
               Fairfax
               ,
               we
               did
               all
               under
               him
               .
            
          
           
             
               L.
               ch
               .
               Bar.
               
            
             
               You
               had
               not
               the
               order
               immediately
               from
               him
               .
            
          
           
             
               Axtell
               .
            
             
               The
               Major
               General
               had
               .
            
          
           
             
               L.
               ch
               .
               Bar.
               
            
             
               What
               Major
               General
               gave
               you
               that
               Order
               ?
            
          
           
             
               Axtell
               .
            
             
               There
               was
               Cromwell
               and
               Ireton
               .
            
          
           
             
               L.
               ch
               .
               Bar.
               
            
             
               The
               Lord
               Fairfax
               gave
               you
               no
               immediate
               Commission
               .
            
          
           
             
               Axtell
               .
            
             
               He
               have
               my
               Superior
               Officers
               .
            
          
           
             
               L.
               ch
               .
               Bar.
               
            
             
               How
               do
               you
               know
               that
               ?
            
          
           
             
               Axtell
               .
            
             
               My
               Lord
               ,
               because
               they
               told
               me
               so
               ,
               it
               was
               by
               his
               command
               .
            
          
           
             
               L.
               ch
               .
               B.
               
            
             
               The
               question
               is
               now
               understood
               .
            
          
           
             
               Axt.
               
            
             
               The
               next
               person
               that
               speaks
               is
               Mr.
               Bodurdoe
               ;
               and
               he
               says
               ,
               that
               I
               commanded
               the
               Souldiers
               at
               the
               King's
               Tryal
               ,
               and
               that
               a
               Lady
               that
               was
               speaking
               ,
               was
               commanded
               silence
               ,
               to
               this
               purpose
               ;
               Truly
               (
               my
               Lord
               )
               this
               is
               but
               the
               same
               as
               before
               .
            
          
           
             
               L.
               ch
               .
               Bar.
               
            
             
               You
               said
               Shoot
               too
               .
            
          
           
             
             
               Axt.
               
            
             
               No
               (
               my
               Lord
               )
               I
               said
               not
               any
               such
               word
               ,
               or
               any
               thing
               like
               it
               ,
               I
               heard
               there
               was
               an
               Officer
               went
               up
               and
               intreated
               her
               to
               be
               silent
               ,
               I
               say
               it
               is
               the
               same
               with
               the
               former
               it
               is
               no
               Treason
               to
               desire
               one
               to
               be
               silent
               .
               My
               Lord
               ,
               the
               next
               Witness
               that
               speaks
               in
               Evidence
               against
               me
               is
               Mr.
               Young
               ;
               he
               says
               this
               ,
               I
               bid
               the
               Souldiers
               cry
               for
               justice
               :
               it
               is
               very
               like
               that
               person
               as
               well
               as
               Mr.
               Temple
               might
               see
               me
               in
               the
               croud
               speaking
               to
               make
               the
               Souldiers
               quiet
               ,
               I
               might
               repeat
               the
               words
               that
               the
               people
               said
               ,
               repeat
               the
               word
               justice
               ,
               or
               some
               such
               word
               ,
               as
               the
               peoples
               words
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               Remember
               how
               he
               repeats
               them
               ,
               he
               saw
               you
               active
               in
               setting
               on
               the
               Souldiers
               to
               cry
               justice
               .
            
          
           
             
               Axt.
               
            
             
               If
               I
               have
               taken
               them
               right
               ,
               one
               says
               he
               heard
               me
               say
               such
               words
               as
               justice
               ,
               and
               that
               he
               saw
               me
               strike
               two
               or
               three
               Souldiers
               ;
               if
               in
               the
               Tumult
               such
               a
               word
               should
               be
               started
               ,
               I
               hearing
               of
               them
               ,
               I
               might
               strike
               those
               Souldiers
               that
               said
               ,
               
                 justice
                 ,
                 justice
              
               ,
               and
               might
               repeat
               the
               words
               ,
               
                 I
                 'le
                 give
                 you
                 justice
              
               ,
               and
               so
               strike
               them
               ,
               that
               is
               a
               good
               Evidence
               that
               it
               might
               be
               a
               repetition
               of
               their
               words
               ,
               and
               not
               any
               of
               mine
               own
               :
               They
               both
               speak
               as
               to
               the
               word
               justice
               ,
               but
               here
               was
               not
               justice
               mentioned
               to
               any
               person
               ;
               I
               might
               repeat
               their
               own
               words
               ,
               and
               chastise
               them
               for
               those
               words
               ;
               besides
               this
               ,
               (
               though
               I
               do
               not
               say
               the
               word
               was
               spoken
               by
               me
               ,
               )
               if
               the
               word
               justice
               had
               been
               spoken
               ,
               my
               Lord
               I
               hope
               it
               is
               no
               Treason
               to
               say
               ,
               desire
               justice
               ,
               
                 it
                 is
                 Gods
                 great
                 Attribute
                 ,
                 it
                 is
                 God's
                 Ordinance
                 ,
                 and
                 that
                 can
                 be
                 no
                 Treason
                 .
              
               I
               have
               read
               in
               Law
               Books
               ,
               (
               though
               but
               lately
               )
               and
               I
               cannot
               find
               that
               the
               word
               Justice
               should
               be
               made
               Treason
               ,
               then
               there
               is
               no
               person
               to
               whom
               that
               adjunct
               doth
               belong
               .
               The
               next
               Evidence
               ,
               my
               Lord
               ,
               is
               Capt.
               Jeonar
               ,
               he
               saith
               ,
               I
               commanded
               a
               Guard
               ;
               truly
               several
               Regiments
               took
               their
               turns
               as
               they
               were
               commanded
               by
               the
               General
               ,
               and
               I
               as
               an
               inferior
               Officer
               was
               there
               ,
               but
               that
               is
               no
               more
               than
               what
               was
               said
               before
               ;
               it
               was
               done
               by
               the
               Authority
               of
               the
               General
               ;
               if
               I
               had
               not
               done
               it
               ,
               I
               had
               died
               by
               the
               Law
               of
               War
               :
               He
               saith
               ,
               there
               was
               a
               cry
               for
               Justice
               ▪
               I
               can
               say
               nothing
               more
               than
               I
               have
               formerly
               said
               ,
               it
               may
               be
               in
               the
               Tumult
               the
               Souldiers
               might
               say
               so
               ,
               and
               I
               chastising
               of
               them
               ,
               and
               repeating
               that
               in
               my
               chastisement
               ,
               they
               might
               think
               they
               were
               mine
               own
               words
               .
            
          
           
             
             
               L.
               Ch.
               Bar.
               
            
             
               Mr.
               Axtell
               ,
               I
               would
               help
               your
               memory
               ,
               he
               swears
               the
               last
               day
               you
               encouraged
               the
               Souldiers
               to
               cry
               
                 Execution
                 ,
                 Execution
              
               .
            
          
           
             
               Axt.
               
            
             
               For
               that
               particular
               I
               am
               coming
               to
               it
               
                 (
                 I
                 thank
                 your
                 Lordship
                 for
                 helping
                 me
                 )
              
               My
               Lord
               ,
               for
               that
               of
               Execution
               ,
               truly
               ,
               I
               cannot
               say
               whether
               I
               was
               there
               that
               day
               or
               no
               ;
               one
               day
               I
               was
               commanded
               to
               be
               there
               with
               some
               Companies
               in
               Westminster-Hall
               ,
               but
               whether
               I
               was
               there
               any
               more
               than
               that
               one
               time
               ,
               is
               the
               question
               :
               Admit
               I
               was
               there
               that
               day
               ,
               I
               was
               never
               there
               but
               when
               I
               was
               commanded
               ;
               when
               the
               Colonel
               that
               commanded
               the
               Regiment
               was
               there
               ,
               I
               as
               an
               inferior
               Officer
               ought
               to
               be
               there
               :
               I
               was
               there
               by
               a
               special
               Order
               ,
               and
               not
               by
               a
               voluntary
               Act
               of
               mine
               own
               ,
               and
               so
               it
               cannot
               be
               
                 Compassing
                 the
                 death
                 of
                 the
                 King.
              
               For
               to
               the
               word
               Execution
               ,
               what
               can
               be
               the
               sense
               of
               this
               word
               ?
               Execution
               is
               a
               single
               word
               ,
               those
               people
               that
               started
               the
               word
               justice
               ,
               might
               put
               it
               in
               the
               heads
               of
               the
               Souldiers
               ,
               which
               I
               might
               strike
               to
               command
               silence
               ;
               they
               likewise
               might
               upon
               the
               same
               account
               cry
               out
               Execution
               ,
               and
               so
               to
               hinder
               all
               Tumults
               and
               Hubbubs
               and
               the
               like
               in
               the
               place
               ,
               I
               might
               repeat
               their
               words
               in
               correcting
               of
               them
               for
               it
               ,
               I
               might
               say
               ,
               
                 I
                 'le
                 justice
                 you
                 ,
                 I
                 'le
                 execution
                 you
                 :
              
               But
               my
               Lord
               ,
               this
               word
               
                 Execution
                 of
                 justice
              
               ,
               it
               is
               a
               glorious
               word
               ,
               not
               that
               there
               can
               be
               an
               inference
               that
               what
               they
               did
               I
               should
               say
               was
               Justice
               ,
               or
               to
               approve
               of
               any
               thing
               that
               they
               did
               ,
               but
               only
               in
               general
               
                 Execution
                 of
                 justice
              
               ,
               which
               my
               Lord
               ,
               relates
               not
               to
               any
               person
               ,
               possibly
               the
               rude
               people
               might
               be
               speaking
               (
               as
               hath
               been
               said
               before
               )
               in
               that
               manner
               ,
               and
               the
               Souldiers
               might
               take
               it
               up
               ,
               and
               I
               might
               reprove
               them
               and
               make
               use
               of
               their
               own
               words
               by
               word
               of
               repetition
               
                 I
                 will
                 Justice
                 you
                 ,
                 I
                 will
                 Execution
                 you
                 .
              
            
             
               My
               Lord
               ,
               in
               the
               next
               place
               ,
               I
               do
               observe
               to
               speak
               that
               of
               Mr.
               Burden
               ,
               he
               did
               observe
               to
               your
               Lordships
               and
               the
               Jury
               ,
               my
               Country-men
               my
               Brethren
               ,
               with
               whom
               are
               the
               issues
               of
               life
               and
               death
               ,
               for
               whose
               life
               they
               must
               answer
               before
               the
               Lord
               as
               to
               Righteousness
               ,
               Judgment
               ,
               and
               Equity
               ;
               I
               say
               my
               Lord
               as
               to
               Mr.
               Burden
               ,
               he
               tells
               you
               ,
               that
               for
               my
               sake
               ,
               he
               was
               imprisoned
               ;
               saith
               he
               ,
               
                 I
                 have
                 suffered
                 much
                 by
                 him
                 ,
              
               and
               speaks
               it
               with
               much
               indignation
               of
               spirit
               ,
               I
               have
               suffered
               and
               been
               
               imprisoned
               by
               him
               ,
               and
               afterwards
               he
               comes
               to
               speak
               his
               Evidence
               ;
               how
               much
               his
               Evidence
               may
               be
               of
               Force
               ,
               I
               desire
               my
               Lord
               ,
               the
               Jury
               may
               consider
               of
               that
               ;
               and
               then
               he
               comes
               and
               saith
               ,
               I
               commanded
               a
               Guard
               at
               the
               Banqueting-house
               in
               Whitehall
               .
               Truly
               my
               Lord
               ,
               the
               Lord
               Fairfax
               commanded
               a
               Regiment
               to
               quarter
               there
               ,
               and
               I
               as
               an
               inferior
               Officer
               might
               be
               there
               :
               in
               the
               next
               place
               ,
               my
               Lord
               ,
               he
               saith
               ,
               I
               sent
               
                 Alisha
                 Axtell
              
               to
               fetch
               the
               Hang-man
               ;
               Truly
               my
               Lord
               ,
               I
               wonder
               this
               person
               is
               come
               from
               Ireland
               ,
               (
               if
               this
               were
               so
               )
               the
               Authority
               there
               would
               not
               send
               that
               person
               with
               his
               great
               Evidence
               as
               well
               as
               this
               person
               ;
               he
               may
               as
               well
               charge
               any
               person
               with
               this
               as
               me
               :
               It
               is
               evident
               ,
               
                 Ireton
                 ,
                 Harrison
              
               and
               Cromwell
               ,
               they
               did
               all
               amongst
               themselves
               ;
               I
               never
               was
               with
               them
               ,
               amongst
               them
               ,
               received
               no
               command
               from
               them
               ,
               nor
               obeyed
               them
               ;
               nor
               did
               any
               thing
               but
               what
               I
               had
               command
               for
               from
               the
               General
               ,
               who
               by
               the
               Law
               ,
               I
               was
               bound
               to
               obey
               as
               a
               Souldier
               .
               I
               shall
               only
               observe
               one
               thing
               more
               ;
               this
               person
               being
               so
               long
               a
               Prisoner
               ,
               to
               Extricate
               himself
               out
               of
               his
               imprisonment
               and
               chains
               ,
               poor
               man
               !
               he
               may
               say
               more
               than
               is
               true
               .
               I
               wonder
               he
               should
               say
               I
               sent
               for
               the
               Executioner
               ,
               I
               never
               knew
               of
               any
               circumstance
               touching
               consultation
               about
               his
               Death
               ,
               or
               took
               him
               Prisoner
               .
               When
               they
               sent
               to
               me
               to
               be
               one
               of
               his
               Gnard
               ,
               I
               never
               would
               go
               ;
               I
               humbly
               conceive
               there
               is
               nothing
               sticks
               upon
               me
               in
               this
               ,
               considering
               the
               circumstances
               and
               the
               words
               of
               he
               person
               that
               spoke
               them
               .
            
             
               My
               Lord
               ,
               the
               next
               person
               that
               speaks
               against
               me
               ,
               is
               Mr.
               Cooke
               ,
               and
               he
               saith
               he
               heard
               me
               say
               ,
               
                 Thrust
                 that
                 Lady
                 down
                 that
                 made
                 a
                 disturbance
                 in
                 the
                 Court
                 ,
              
               or
               words
               to
               that
               purpose
               :
               it
               is
               probable
               there
               might
               be
               a
               desire
               of
               silence
               .
               The
               next
               Evidence
               is
               Lt.
               Col.
               Nelson
               ,
               he
               saith
               that
               upon
               a
               Discourse
               —
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               I
               would
               put
               you
               in
               remembrance
               ,
               lest
               you
               should
               forget
               what
               Sir.
               
                 Purback
                 Temple
              
               said
               ,
               That
               by
               leave
               of
               persons
               under
               your
               command
               ,
               
                 he
                 saw
                 the
                 body
                 of
                 the
                 King.
              
               It
               is
               only
               a
               Circumstance
               .
            
          
           
             
               Axtell
               .
            
             
               I
               have
               heard
               there
               were
               Chirurgions
               ,
               Physitians
               and
               Halberteers
               ,
               appointed
               by
               whom
               I
               know
               not
               ,
               they
               had
               the
               care
               of
               such
               things
               ,
               and
               had
               the
               keeping
               of
               him
               ,
               he
               was
               locked
               up
               by
               them
               ,
               no
               body
               could
               come
               in
               but
               by
               them
               ;
               I
               
               never
               had
               a
               Key
               ;
               possibly
               Col.
               Temple
               might
               come
               to
               me
               ,
               quartering
               there
               ,
               and
               desire
               me
               to
               speak
               to
               some
               persons
               that
               had
               the
               charge
               of
               it
               to
               let
               him
               in
               ,
               whether
               I
               did
               or
               no
               I
               cannot
               remember
               ,
               but
               if
               it
               were
               so
               ,
               I
               hope
               it
               will
               not
               amount
               to
               Treason
               .
               The
               last
               thing
               given
               in
               Evidence
               against
               me
               is
               Mr.
               Nelson
               ,
               he
               saith
               that
               upon
               some
               discourse
               between
               us
               ,
               he
               was
               asking
               what
               person
               cut
               off
               the
               Kings
               head
               ,
               and
               that
               I
               should
               say
               Hewlet
               ,
               &c.
               
               Truly
               my
               Lord
               I
               was
               never
               privy
               ,
               and
               I
               appeal
               to
               Mr.
               Rushworth
               if
               he
               were
               here
               ,
               who
               was
               Secretary
               ,
               if
               ever
               he
               saw
               me
               in
               any
               Counsel
               ,
               to
               advise
               ,
               or
               Act
               ,
               or
               any
               thing
               in
               that
               kind
               in
               relation
               to
               the
               Kings
               Tryal
               ,
               Sentence
               or
               Execution
               ;
               for
               me
               to
               know
               the
               person
               that
               was
               imployed
               about
               the
               Execution
               ,
               it
               is
               strange
               when
               (
               as
               I
               said
               before
               )
               they
               did
               all
               within
               themselves
               .
               I
               had
               no
               knowledg
               thereof
               ,
               and
               medled
               not
               with
               any
               thing
               ,
               but
               within
               my
               own
               Sphear
               ,
               as
               a
               Souldier
               under
               my
               L.
               Fairfax
               ,
               by
               Authority
               of
               Parliament
               .
               For
               naming
               of
               any
               person
               ;
               truly
               my
               Lord
               it
               would
               be
               a
               wonder
               to
               me
               that
               I
               should
               name
               any
               person
               ,
               to
               go
               to
               do
               any
               person
               that
               wrong
               and
               injury
               to
               say
               he
               was
               the
               person
               ,
               I
               must
               invent
               it
               ,
               for
               I
               knew
               nothing
               of
               it
               .
               But
               by
               common
               fame
               up
               and
               down
               the
               City
               ,
               it
               was
               said
               to
               be
               another
               person
               ,
               but
               who
               it
               was
               I
               cannot
               say
               my
               Lord
               ,
               but
               to
               all
               this
               that
               hath
               been
               said
               against
               me
               ,
               there
               are
               but
               two
               things
               upon
               two
               Witnesses
               that
               are
               placed
               upon
               me
               ,
               the
               First
               my
               Lord
               here
               is
               two
               Witnesses
               for
               crying
               Justice
               ,
               and
               Execution
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               I
               think
               you
               have
               more
               than
               two
               to
               those
               words
               .
            
          
           
             
               Axtell
               .
            
             
               Not
               for
               both
               together
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               No
               but
               several
               for
               Justice
               .
            
          
           
             
               Axtell
               .
            
             
               There
               is
               three
               to
               that
               ,
               I
               shall
               only
               say
               this
               to
               your
               Lordship
               ,
               and
               this
               Jury
               in
               whose
               hand
               this
               life
               of
               mine
               is
               ,
               and
               is
               committed
               to
               them
               either
               to
               acquit
               or
               condemn
               me
               ,
               and
               God
               knows
               the
               hearts
               of
               all
               men
               ,
               and
               my
               innocency
               and
               integrity
               ,
               I
               shall
               say
               nothing
               to
               the
               Witnesses
               ,
               it
               is
               a
               day
               of
               Temptation
               ;
               and
               I
               desire
               the
               Jury
               my
               Countrymen
               ,
               my
               fellow
               Citizens
               ,
               my
               Brethren
               ,
               that
               they
               would
               well
               consider
               of
               it
               ,
               the
               word
               ,
               Execution
               and
               Justice
               ,
               admit
               I
               had
               said
               them
               (
               which
               my
               Lord
               I
               do
               not
               ,
               I
               must
               not
               Grant
               )
               there
               being
               an
               uprore
               of
               people
               ,
               there
               such
               words
               might
               be
               used
               ,
               and
               possibly
               
               Souldiers
               might
               take
               them
               up
               from
               them
               ,
               and
               chastising
               the
               Souldiers
               I
               might
               repeat
               the
               words
               ,
               
                 I
                 will
                 Justice
                 you
                 ,
                 I
                 will
                 Execution
                 you
                 .
              
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               The
               Evidence
               is
               that
               you
               beat
               them
               because
               they
               did
               not
               readily
               cry
               
                 Justice
                 ,
                 Justice
              
               .
            
          
           
             
               Axtel
               .
            
             
               It
               might
               be
               more
               probable
               I
               beat
               them
               because
               they
               did
               do
               it
               ,
               I
               might
               chastise
               them
               for
               doing
               of
               it
               ,
               and
               repeat
               it
               as
               a
               reason
               for
               their
               Chastisement
               ;
               and
               but
               admitting
               it
               was
               true
               ,
               which
               I
               grant
               not
               ,
               yet
               I
               hope
               Justice
               and
               Execution
               of
               Justice
               ,
               as
               it
               is
               so
               great
               an
               Attribute
               of
               God
               ,
               by
               Gods
               Laws
               nor
               Mans
               Laws
               is
               no
               where
               made
               Treason
               ,
               but
               Mercy
               attends
               it
               ,
               and
               Judgment
               attends
               the
               contrary
               ;
               I
               leave
               it
               upon
               the
               consciences
               of
               the
               Jury
               ,
               to
               weigh
               it
               carefully
               how
               I
               could
               be
               guilty
               of
               
                 Compassing
                 or
                 Imagining
                 the
                 Death
                 of
                 the
                 King
                 ,
              
               when
               nothing
               is
               charged
               against
               me
               to
               be
               either
               of
               Counsel
               ,
               Sentencing
               ,
               or
               Signing
               ,
               or
               to
               be
               at
               the
               Execution
               ,
               only
               one
               man
               ,
               as
               I
               told
               you
               before
               ,
               he
               spoke
               something
               wrathly
               ,
               and
               that
               he
               had
               suffered
               much
               ,
               and
               therefore
               he
               is
               come
               over
               now
               ,
               and
               saith
               I
               should
               send
               for
               the
               Executioner
               ,
               which
               I
               never
               knew
               of
               ,
               or
               had
               any
               hand
               in
               sending
               for
               ,
               how
               much
               validity
               that
               hath
               ,
               I
               leave
               to
               the
               Jury
               ,
               if
               it
               were
               so
               ,
               it
               is
               not
               treason
               ,
               for
               words
               may
               make
               a
               Heretick
               ,
               not
               a
               Traytor
               ;
               I
               speak
               that
               by
               way
               of
               preface
               ;
               I
               do
               humbly
               conceive
               that
               these
               being
               only
               noted
               words
               ,
               Execution
               and
               Justice
               ,
               the
               King
               not
               so
               much
               as
               named
               ,
               nor
               any
               thing
               done
               to
               it
               by
               me
               ,
               I
               say
               I
               conceive
               it
               doth
               not
               amount
               to
               Treason
               by
               the
               Law
               ;
               and
               besides
               ,
               it
               is
               against
               the
               Law
               of
               the
               great
               Judg
               ,
               the
               Judg
               of
               Judges
               ;
               all
               of
               us
               ,
               that
               are
               now
               ,
               and
               are
               to
               come
               shall
               stand
               before
               him
               to
               receive
               our
               deserts
               ,
               I
               say
               it
               is
               against
               the
               Law
               of
               God
               ,
               
                 to
                 make
                 me
                 an
                 Offender
                 for
                 a
                 word
              
               ;
               for
               a
               word
               ,
               I
               have
               heard
               the
               Judges
               say
               that
               the
               Laws
               of
               England
               are
               grounded
               upon
               the
               Laws
               of
               God
               ,
               and
               the
               Laws
               of
               England
               are
               Laws
               of
               mercy
               ,
               not
               of
               rigour
               :
               My
               Lord
               ,
               if
               a
               man
               shall
               be
               destroyed
               in
               his
               Life
               ,
               in
               his
               Posterity
               for
               a
               word
               (
               admit
               the
               thing
               had
               been
               so
               )
               I
               leave
               upon
               the
               consciences
               of
               my
               Jury
               ,
               before
               the
               presence
               of
               Jesus
               Christ
               ,
               and
               before
               whom
               they
               and
               I
               must
               come
               to
               be
               rejudged
               again
               at
               the
               Tribunal
               ;
               and
               besides
               it
               is
               only
               words
               ,
               and
               words
               uncertain
               ;
               
               and
               Sir
               
                 Edward
                 Cook
              
               saith
               ,
               he
               must
               declare
               plain
               truth
               in
               matter
               of
               Treason
               ,
               nothing
               must
               be
               taken
               for
               Evidence
               that
               may
               be
               a
               presumption
               or
               inference
               ,
               or
               strain
               of
               wit
               ,
               I
               hope
               upon
               this
               consideration
               that
               the
               word
               Justice
               fixed
               upon
               me
               by
               two
               Witnesses
               may
               be
               taken
               up
               at
               second
               or
               third
               hand
               from
               the
               People
               or
               Souldiers
               by
               chastising
               them
               for
               the
               Tumult
               Then
               my
               Lord
               in
               the
               next
               place
               these
               words
               were
               never
               put
               in
               writing
               ,
               and
               so
               not
               Treason
               ;
               then
               ,
               my
               Lord
               ,
               there
               was
               never
               an
               overt
               act
               done
               by
               me
               ;
               for
               that
               Act
               of
               Indemnity
               that
               his
               Majesty
               and
               both
               Houses
               of
               Parliament
               passed
               ,
               wherein
               they
               were
               pleased
               the
               very
               last
               to
               except
               me
               ,
               I
               wonder'd
               when
               I
               came
               to
               be
               excepted
               of
               that
               number
               ,
               I
               do
               come
               back
               to
               the
               place
               where
               I
               left
               ,
               and
               that
               is
               the
               overt
               act
               .
               My
               Lord
               ,
               I
               would
               only
               bring
               it
               in
               in
               this
               place
               ,
               when
               I
               was
               excepted
               by
               the
               House
               of
               Commons
               ,
               one
               of
               the
               twenty
               ,
               I
               was
               excepted
               thus
               not
               extending
               to
               life
               ,
               I
               went
               up
               and
               down
               free
               at
               noon
               day
               ,
               I
               did
               not
               hide
               my self
               ,
               ingaging
               a
               person
               that
               was
               one
               of
               his
               Majesties
               Servants
               to
               do
               me
               a
               courtesie
               ,
               he
               promised
               me
               he
               would
               do
               it
               ,
               and
               contrary
               to
               his
               promise
               he
               was
               pleased
               to
               bring
               the
               Kings
               Warrant
               to
               carry
               me
               to
               the
               Tower
               ,
               and
               after
               that
               I
               came
               to
               be
               excepted
               with
               that
               black
               Catalogue
               of
               excepted
               persons
               ,
               and
               to
               be
               brought
               to
               the
               Tryal
               of
               the
               Law.
               Now
               (
               my
               Lord
               )
               I
               return
               to
               that
               overt
               act
               as
               it
               was
               but
               words
               uncertain
               ,
               and
               they
               may
               be
               words
               repeated
               from
               the
               third
               or
               the
               fourth
               hand
               ,
               for
               they
               were
               not
               put
               in
               writing
               ;
               according
               to
               that
               Act
               of
               Indemnity
               which
               I
               understand
               the
               meaning
               of
               to
               be
               thus
               ,
               That
               for
               their
               Execrable
               Treasons
               in
               Sentencing
               ,
               Signing
               ,
               or
               otherwise
               Instrumental
               ,
               they
               are
               excepted
               out
               of
               this
               Act
               ,
               and
               to
               be
               Tryed
               according
               to
               the
               Laws
               of
               this
               Nation
               ;
               I
               understand
               that
               to
               be
               Instrumental
               ,
               to
               be
               Instrumentally
               the
               Executioner
               of
               the
               King
               ,
               I
               never
               had
               any
               hand
               in
               that
               .
               Upon
               the
               whole
               this
               is
               the
               Fact
               that
               is
               proved
               by
               two
               Witnesses
               ,
               they
               heard
               me
               say
               
                 Justice
                 and
                 Execution
              
               ,
               which
               must
               relate
               to
               the
               
                 Execution
                 of
                 Justice
              
               ,
               which
               by
               the
               Law
               of
               God
               is
               not
               Treason
               ,
               especially
               when
               there
               was
               not
               the
               word
               King
               ;
               for
               a
               word
               to
               take
               away
               and
               destroy
               so
               many
               ,
               my
               Life
               ,
               Wife
               ,
               Children
               and
               many
               Fatherless
               that
               are
               under
               the
               Charge
               of
               the
               Prisoner
               at
               the
               
               Bar
               is
               very
               sad
               ,
               the
               words
               I
               do
               not
               grant
               but
               upon
               such
               probabilities
               as
               I
               have
               said
               ;
               I
               might
               repeat
               them
               ,
               
                 I
                 will
                 Justice
                 you
                 ,
                 I
                 will
                 Execution
                 you
                 ,
              
               and
               then
               the
               words
               were
               not
               written
               ,
               I
               say
               as
               Sir
               
                 Edw.
                 Cook
              
               said
               ,
               they
               may
               make
               a
               Heretick
               but
               not
               a
               Traytor
               ,
               the
               other
               part
               of
               the
               Evidence
               is
               this
               ,
               that
               I
               was
               there
               with
               Souldiers
               at
               Westminster-Hall
               ,
               I
               must
               say
               if
               that
               be
               Treason
               to
               be
               guided
               by
               Judgment
               of
               Lords
               and
               Commons
               in
               Parliament
               ,
               I
               must
               say
               if
               that
               be
               Treason
               to
               take
               up
               Arms
               for
               a
               Parliament
               upon
               such
               Grounds
               and
               Expositions
               of
               the
               statute
               which
               they
               have
               made
               and
               published
               by
               their
               own
               Authority
               ,
               if
               I
               am
               Guilty
               under
               the
               General
               ,
               then
               the
               Parliament
               would
               be
               guilty
               of
               Treason
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               That
               you
               have
               spoke
               to
               —
               I
               am
               loath
               to
               interrupt
               you
               .
            
          
           
             
               Axt.
               
            
             
               I
               thank
               your
               Lordships
               for
               informing
               me
               ,
               but
               I
               was
               commanded
               to
               be
               there
               by
               my
               General
               ,
               if
               I
               had
               not
               gone
               I
               must
               have
               dyed
               ,
               I
               did
               only
               stand
               there
               for
               preservation
               of
               the
               peace
               ,
               in
               no
               other
               sense
               ,
               if
               the
               General
               order
               me
               to
               be
               at
               such
               a
               Rendezvous
               ,
               I
               must
               be
               there
               ;
               if
               I
               disobeyed
               he
               would
               have
               condemned
               me
               by
               the
               Law
               of
               War.
               The
               next
               thing
               against
               me
               material
               are
               these
               two
               things
               ,
               that
               is
               that
               I
               should
               send
               one
               
                 Elisha
                 Axtell
              
               for
               the
               Executioner
               ,
               I
               must
               say
               it
               is
               most
               Admirable
               such
               things
               should
               be
               laid
               to
               my
               charge
               ,
               I
               hope
               your
               Lordships
               and
               the
               Jury
               do
               observe
               ,
               he
               told
               you
               he
               suffered
               much
               ,
               and
               a
               poor
               man
               under
               his
               extremities
               and
               losses
               and
               sufferings
               ,
               perhaps
               might
               start
               some
               unadvised
               words
               ,
               and
               being
               now
               sent
               over
               may
               ascertain
               it
               .
               But
               doubtless
               this
               
                 Elisha
                 Axtell
              
               being
               in
               Ireland
               ,
               if
               by
               command
               it
               had
               been
               so
               ,
               would
               have
               been
               sent
               over
               ,
               truly
               I
               must
               say
               I
               had
               no
               hand
               in
               the
               business
               ,
               it
               was
               left
               wholly
               to
               them
               amongst
               themselves
               ,
               and
               what
               ever
               was
               done
               ,
               or
               whatever
               was
               said
               ,
               it
               was
               said
               and
               done
               by
               them
               ,
               I
               never
               was
               acquainted
               with
               any
               thing
               of
               that
               nature
               ,
               he
               said
               he
               heard
               I
               should
               send
               
                 Elisha
                 Axtell
              
               for
               an
               Executioner
               ,
               if
               hearsays
               may
               be
               Treason
               it
               will
               be
               a
               hard
               Lesson
               ;
               and
               my
               Lord
               ,
               Sir
               
                 Edw.
                 Cooke
              
               saith
               there
               must
               be
               two
               witnesses
               ,
               here
               is
               but
               one
               .
               It
               comes
               from
               such
               a
               man
               ,
               my
               Lord
               as
               the
               providence
               of
               God
               ,
               but
               I
               will
               say
               no
               more
               as
               to
               that
               ,
               but
               pray
               the
               Jury
               will
               take
               notice
               of
               it
               .
            
          
           
             
             
               L.
               Ch.
               Bar.
               
            
             
               You
               need
               not
               doubt
               of
               it
               ,
               it
               shall
               be
               taken
               notice
               of
               ,
               this
               of
               Burden
               .
            
          
           
             
               Axt.
               
            
             
               Now
               my
               Lord
               ,
               I
               have
               but
               two
               or
               three
               words
               more
               ,
               the
               Statute
               of
               the
               25th
               of
               Edward
               the
               Third
               ,
               it
               doth
               intend
               private
               persons
               ,
               my
               Lord
               here
               is
               my
               Commission
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               It
               is
               owned
               ,
               you
               had
               it
               from
               your
               General
               .
            
          
           
             
               Axt.
               
            
             
               
                 My
                 Lord
                 ,
                 his
                 Majesty
                 is
                 pleased
                 to
                 say
                 in
                 his
                 Gracious
                 Letter
                 ,
                 We
                 do
                 by
                 these
                 presents
                 declare
                 ,
              
               That
               we
               do
               grant
               a
               free
               and
               General
               Pardon
               to
               all
               our
               Subjects
               of
               what
               degree
               or
               quality
               whatsoever
               ,
               who
               within
               Four
               days
               after
               the
               publishing
               hereof
               shall
               lay
               hold
               upon
               this
               our
               grace
               and
               favour
               ,
               excepting
               only
               such
               persons
               as
               shall
               hereafter
               be
               excepted
               by
               Parliament
               ,
               that
               is
               a
               Parliament
               called
               by
               his
               own
               Writ
               .
               You
               know
               this
               Parliament
               —
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               Mr.
               Axtell
               ,
               I
               would
               not
               interrupt
               you
               to
               that
               ,
               but
               this
               very
               Objection
               was
               made
               by
               one
               of
               the
               Prisoners
               before
               ;
               this
               answer
               was
               given
               ;
               First
               the
               King's
               Declaration
               is
               not
               a
               Pardon
               in
               point
               of
               Law
               ,
               it
               must
               be
               under
               the
               Broad-Seal
               ;
               but
               God
               forbid
               but
               it
               should
               bind
               in
               honour
               .
               You
               instanced
               in
               the
               word
               Parliament
               ,
               what
               was
               meant
               by
               the
               word
               Parliament
               :
               you
               must
               know
               this
               ,
               the
               exigency
               of
               the
               Times
               were
               such
               ,
               that
               there
               were
               many
               Noble
               Persons
               that
               took
               the
               advantage
               to
               Assemble
               themselves
               together
               to
               reinstate
               the
               King
               ;
               they
               did
               that
               which
               was
               just
               and
               lawful
               ,
               according
               to
               the
               exigency
               of
               the
               Times
               :
               This
               Declaration
               he
               sent
               to
               the
               two
               Houses
               ,
               he
               called
               them
               His
               Two
               Houses
               ,
               so
               that
               it
               appears
               clearly
               and
               manifestly
               ,
               they
               were
               then
               sitting
               ,
               they
               being
               accepted
               by
               the
               King
               ,
               and
               owned
               by
               Him
               ;
               and
               they
               did
               sit
               in
               way
               of
               Convention
               ,
               according
               as
               a
               Parliament
               ,
               and
               his
               Majesty
               sent
               his
               Letter
               to
               them
               ;
               and
               these
               are
               the
               persons
               that
               have
               thought
               fit
               to
               except
               you
               out
               of
               that
               Act.
               
            
          
           
             
               Axtell
               .
            
             
               My
               Lord
               ,
               may
               I
               speak
               to
               that
               any
               further
               ?
            
          
           
             
               L.
               Ch.
               Car.
               
            
             
               If
               you
               do
               ,
               it
               will
               be
               over-ruled
               .
            
          
           
             
               Axt.
               
            
             
               I
               submit
               —
               with
               submission
               to
               the
               providence
               of
               God
               ;
               I
               did
               apply
               to
               Sir
               
                 Harbottle
                 Grimston
              
               for
               the
               Mercy
               and
               Favour
               of
               his
               Majesty
               according
               to
               his
               Declaration
               ;
               and
               here
               is
               Sir
               
               Harbottle's
               own
               hand
               for
               a
               Certificate
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               That
               is
               allowed
               you
               that
               you
               did
               claim
               that
               
               benefit
               within
               the
               time
               ,
               but
               you
               may
               remember
               that
               it
               was
               referred
               to
               those
               two
               Houses
               of
               Parliament
               ,
               they
               were
               to
               consider
               who
               was
               fit
               for
               the
               Pardon
               ,
               and
               you
               are
               by
               them
               Excepted
               out
               by
               Name
               :
               Your
               question
               now
               is
               no
               more
               ,
               but
               
                 whether
                 guilty
                 or
                 not
                 guilty
              
               ,
               and
               these
               are
               but
               extravagant
               Discourses
               that
               you
               say
               otherwise
               ,
               and
               rather
               do
               you
               harm
               then
               good
               .
            
          
           
             
               Axtell
               .
            
             
               I
               hope
               you
               will
               pardon
               me
               ,
               my
               Lord
               ,
               I
               hope
               I
               have
               spoken
               to
               clear
               the
               Point
               ;
               The
               Fact
               charged
               by
               your
               Lordships
               and
               before
               the
               Jury
               ;
               and
               I
               hope
               the
               Lord
               will
               give
               the
               Jury
               a
               Memory
               of
               it
               ,
               and
               a
               right
               Understanding
               in
               what
               I
               have
               said
               for
               my
               own
               Defence
               .
               My
               Lord
               ,
               the
               next
               thing
               I
               have
               to
               offer
               ,
               is
               this
               ,
               to
               Expound
               that
               Act
               of
               Parliament
               ,
               that
               it
               was
               the
               intention
               of
               his
               Majesty
               and
               Parliament
               ,
               that
               all
               should
               be
               excepted
               but
               those
               guilty
               of
               Councelling
               ,
               Signing
               or
               Sentencing
               .
               Truly
               my
               Lord
               ,
               I
               humbly
               conceive
               ,
               I
               being
               none
               of
               those
               ,
               am
               not
               guilty
               of
               Treason
               .
               I
               shall
               only
               speak
               one
               word
               to
               my
               Jury
               ,
               That
               they
               will
               remember
               what
               I
               have
               said
               ,
               that
               there
               is
               but
               two
               things
               ,
               two
               Witnesses
               ,
               as
               to
               
                 Justice
                 and
                 Execution
              
               ,
               that
               it
               relates
               to
               no
               person
               but
               in
               General
               ;
               and
               then
               I
               do
               not
               own
               the
               things
               ,
               but
               possibly
               they
               might
               hear
               such
               words
               ,
               I
               taking
               of
               them
               up
               upon
               a
               rebound
               ,
               reproved
               the
               Souldiers
               ;
               for
               the
               other
               that
               I
               should
               send
               one
               for
               the
               Executioner
               (
               he
               heard
               so
               )
               and
               that
               I
               should
               name
               who
               was
               the
               Executioner
               ,
               I
               would
               not
               have
               that
               person
               or
               any
               other
               to
               suffer
               for
               that
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               That
               is
               not
               at
               all
               pressed
               upon
               you
               ,
               not
               as
               to
               any
               Charge
               .
            
          
           
             
               Axtell
               .
            
             
               I
               thank
               your
               Lordship
               .
               I
               am
               very
               ignorant
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               Have
               you
               done
               Sir
               ?
            
          
           
             
               Axtell
               .
            
             
               I
               leave
               the
               matter
               to
               the
               Jury
               ,
               in
               whose
               hands
               I
               and
               my
               little
               Ones
               ,
               and
               Family
               are
               left
               ,
               I
               only
               say
               this
               to
               you
               ,
               Remember
               your
               Ancestors
               ,
               Remember
               your
               Posterity
               .
               I
               never
               heard
               it
               before
               that
               words
               were
               Treason
               .
               In
               Queen
               Maries
               time
               Throckmorton
               was
               acquitted
               for
               words
               ,
               by
               the
               Jury
               .
               Gentlemen
               of
               the
               Jury
               I
               leave
               my
               Case
               ,
               my
               Life
               ,
               my
               All
               ,
               in
               your
               Hands
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               Gentlemen
               of
               the
               Jury
               ,
               There
               hath
               been
               several
               
               things
               offered
               by
               the
               Prisoner
               at
               the
               Bar
               ,
               as
               near
               as
               my
               Memory
               will
               give
               me
               leave
               in
               so
               long
               a
               Discourse
               .
               I
               shall
               repeat
               all
               things
               which
               he
               saith
               for
               himself
               ,
               and
               which
               are
               said
               against
               him
               .
               There
               are
               some
               things
               that
               he
               seems
               to
               utter
               as
               tending
               to
               matter
               of
               Law
               ,
               and
               something
               meerly
               of
               Fact
               ,
               proper
               only
               for
               you
               of
               the
               Jury
               .
               For
               matter
               of
               Law
               ,
               he
               hath
               urged
               several
               things
               for
               himself
               ,
               not
               by
               way
               of
               justification
               of
               the
               Fact
               ,
               (
               I
               must
               do
               him
               that
               right
               ,
               )
               but
               in
               excuse
               of
               himself
               ,
               and
               I
               hope
               his
               conscience
               hath
               so
               wrought
               upon
               him
               ,
               that
               he
               is
               of
               opinion
               ,
               the
               Fact
               was
               a
               horrid
               Fact
               ,
               which
               was
               so
               indeed
               .
            
             
               For
               that
               which
               he
               hath
               said
               for
               himself
               ;
               First
               ,
               he
               doth
               alledge
               to
               have
               his
               Commission
               from
               the
               Lord
               Fairfax
               :
               My
               Lord
               Fairfax
               had
               his
               Commission
               from
               the
               two
               Houses
               of
               Parliament
               ,
               and
               this
               Gentlemans
               was
               in
               March
               the
               beginning
               of
               the
               year
               1648.
               he
               saith
               what
               he
               did
               was
               in
               obedience
               to
               his
               superiors
               ,
               as
               a
               Soldier
               ;
               that
               he
               never
               consulted
               or
               advised
               about
               any
               thing
               of
               the
               Tryal
               or
               execution
               of
               his
               Majesty
               .
               For
               this
               point
               it
               hath
               already
               been
               spoken
               to
               Gentlemen
               ,
               for
               that
               which
               hath
               been
               spoken
               to
               at
               large
               heretofore
               I
               must
               repeat
               it
               here
               that
               he
               may
               know
               it
               ,
               That
               no
               Person
               whatsoever
               ,
               no
               Community
               ,
               not
               the
               people
               either
               collectively
               or
               representatively
               have
               any
               coercive
               Power
               over
               the
               King
               ,
               neither
               the
               Lord
               Fairfax
               his
               General
               ,
               not
               he
               ,
               nor
               any
               other
               person
               could
               be
               excused
               for
               this
               horrid
               Fact
               of
               bringing
               the
               King
               to
               Trial
               ,
               No
               person
               ,
               as
               I
               said
               before
               ,
               nor
               Community
               have
               any
               such
               power
               .
               The
               Law-books
               which
               he
               hath
               lately
               seen
               (
               and
               truly
               he
               hath
               imployed
               his
               time
               well
               in
               that
               )
               the
               Law-books
               tell
               us
               ,
               that
               whereas
               the
               two
               Spenceers
               had
               broached
               a
               damnable
               and
               detestable
               principle
               ,
               that
               the
               homage
               was
               only
               due
               to
               the
               King
               in
               respect
               to
               his
               Crown
               ,
               that
               if
               he
               did
               not
               demean
               himself
               according
               to
               such
               and
               such
               rules
               his
               Subjects
               might
               rule
               him
               
                 per
                 aspertee
              
               by
               asperity
               and
               sharpness
               ;
               but
               this
               was
               condemned
               by
               two
               Acts
               of
               Parliament
               ,
               they
               both
               appear
               in
               my
               L.
               Cooke
               in
               Calvins
               case
               .
               I
               do
               not
               go
               to
               repeat
               all
               the
               evidence
               that
               might
               clear
               this
               truth
               ,
               I
               say
               ,
               had
               there
               been
               any
               such
               thing
               ,
               but
               it
               hath
               been
               told
               him
               there
               was
               no
               such
               thing
               in
               Fact.
               My
               Lord
               
               Fairfax's
               Commission
               
               was
               for
               the
               preservation
               of
               the
               King
               ,
               as
               well
               as
               for
               the
               liberties
               of
               the
               People
               .
               The
               11.
               of
               
                 Rich.
                 2.
                 
                 Robert
                 de
                 Vere
              
               and
               others
               for
               levying
               a
               War
               was
               punished
               ,
               but
               this
               Gent.
               was
               not
               charged
               for
               levying
               of
               War.
               If
               either
               of
               the
               Houses
               of
               Parliament
               should
               command
               such
               a
               thing
               as
               tends
               to
               the
               death
               of
               the
               King
               it
               would
               be
               void
               in
               it self
               .
               Something
               he
               let
               fall
               of
               the
               Parliament
               not
               being
               dissolved
               .
               My
               Masters
               ,
               for
               that
               you
               have
               heard
               some
               of
               my
               Lords
               declare
               how
               and
               in
               what
               manner
               this
               was
               an
               Authority
               of
               Parliament
               ,
               but
               it
               was
               clearly
               nothing
               at
               all
               ,
               this
               Gentlemen
               goes
               by
               Vertue
               of
               a
               Power
               from
               the
               Lord
               Fairfax
               .
               The
               next
               thing
               he
               urges
               in
               point
               of
               Law
               was
               this
               ,
               he
               comes
               by
               way
               of
               Dilemma
               ,
               saith
               he
               ,
               either
               I
               must
               obey
               my
               General
               or
               dye
               by
               the
               Law
               of
               War.
               He
               goes
               further
               ,
               and
               urges
               the
               statute
               of
               11.
               
               Hen.
               7.
               
               He
               comes
               further
               and
               saith
               in
               the
               25.
               
               Edw.
               3.
               that
               concerns
               single
               persons
               ,
               truly
               it
               concerns
               every
               man.
               The
               Indictment
               you
               see
               how
               it
               is
               laid
               ,
               
                 It
                 is
                 for
                 Imagining
                 and
                 Compassing
                 the
                 Death
                 of
                 the
                 King.
              
               The
               overtacts
               in
               the
               Indictment
               you
               have
               heard
               what
               they
               are
               ,
               there
               must
               be
               more
               than
               one
               Witness
               for
               Treason
               .
               It
               is
               very
               true
               ,
               but
               if
               one
               person
               prove
               one
               thing
               ,
               another
               person
               another
               ,
               if
               one
               swear
               he
               did
               cry
               
                 Justice
                 ,
                 Justice
                 ,
                 Execution
                 ,
                 Execution
                 ,
              
               and
               another
               swear
               some
               other
               part
               ,
               Gentlemen
               this
               was
               here
               before
               delivered
               to
               you
               for
               an
               overtact
               .
               It
               is
               any
               thing
               that
               opens
               and
               makes
               it
               appear
               to
               the
               Jury
               that
               he
               did
               do
               the
               things
               for
               which
               he
               is
               Indicted
               ,
               I
               say
               any
               one
               of
               these
               that
               they
               did
               meet
               together
               ,
               and
               did
               consult
               in
               order
               to
               the
               putting
               the
               King
               to
               Death
               .
               That
               they
               did
               meet
               in
               a
               Trayterous
               Assembly
               about
               the
               Kings
               Death
               I
               shall
               say
               no
               more
               ,
               you
               need
               not
               I
               think
               go
               from
               the
               Bar.
               
            
          
           
             The
             Jury
             go
             together
             ,
             and
             after
             a
             little
             consultation
             among
             themselves
             ,
             they
             returned
             to
             their
             places
             .
          
           
             
               Clerk
               of
               the
               Crown
               ,
            
             
               Gentlemen
               of
               the
               Jury
               ,
               are
               you
               agreed
               of
               your
               verdict
               ?
            
          
           
             
               Jury
               .
            
             
               Yes
               .
            
          
           
             
               Cl.
               
            
             
               Who
               shall
               say
               for
               you
               ?
            
          
           
             
               Jury
               .
            
             
               Foreman
               .
            
          
           
             
               Cl.
               
            
             
               
                 Daniel
                 Axtell
              
               hold
               up
               thy
               hand
               .
               Gent.
               look
               upon
               the
               Prisoner
               at
               the
               Bar
               :
               How
               say
               you
               ,
               is
               he
               guilty
               of
               the
               high
               
               Treason
               whereof
               he
               stands
               Indicted
               ,
               and
               hath
               been
               arraigned
               ,
               or
               not
               guilty
               .
            
          
           
             
               Foreman
               .
            
             
               Guilty
               .
            
          
           
             
               Cl.
               
            
             
               Look
               to
               him
               Keeper
               .
               What
               Goods
               and
               Chattels
               ?
            
          
           
             
               Jury
               .
            
             
               None
               to
               our
               knowledg
               .
            
          
           
             
               The
               Tryal
               of
               Colonel
               Hacker
               the
               same
               day
               ,
               
                 15.
                 
                 October
                 ,
                 1660.
                 
              
            
             
               
                 CLerk
                 of
                 the
                 Crown
                 .
              
               
                 Set
                 
                   Francis
                   Hacker
                
                 to
                 the
                 Bar
                 :
                 
                   (
                   which
                   was
                   done
                   accordingly
                   .
                
              
            
             
               
                 Cl.
                 
              
               
                 
                   Fr.
                   Hacker
                
                 ,
                 Hold
                 up
                 thy
                 hand
                 .
                 These
                 men
                 that
                 were
                 last
                 called
                 are
                 to
                 pass
                 upon
                 you
                 ,
                 &c.
                 
                 If
                 you
                 will
                 challenge
                 all
                 or
                 any
                 of
                 them
                 ,
                 you
                 must
                 challenge
                 them
                 when
                 they
                 come
                 to
                 the
                 Book
                 ,
                 before
                 they
                 are
                 sworn
                 .
              
            
             
               
                 Lord
                 Chief
                 Baron
                 ,
              
               
                 You
                 may
                 challenge
                 35
                 peremptorily
                 ,
                 but
                 no
                 more
                 .
              
            
             
               
                 Hacker
                 .
              
               
                 My
                 Lord
                 ,
                 I
                 shall
                 challenge
                 none
                 .
              
            
             
               Tho.
               Bide
               ,
               Rob.
               Sheppard
               ,
               Will.
               Dod
               ,
               Sir
               Tho.
               Allein
               ,
               Sir
               Hen.
               Wroth
               ,
               Tho.
               Morris
               ,
               Ralph
               Halsal
               ,
               John
               Galliard
               ,
               John
               Nicol
               ,
               Tho.
               Vfman
               ,
               Tho.
               Nicol
               ,
               Christopher
               Abdy
               ,
               
                 in
                 all
                 Twelve
                 .
                 The
                 Jury
                 called
                 and
                 sworn
                 .
              
            
             
               
                 Clerk
                 of
                 the
                 Crown
                 .
              
               
                 Proclamation
                 ,
                 if
                 any
                 man
                 can
                 inform
                 my
                 Lords
                 ,
                 the
                 Kings
                 Justices
                 ,
                 &c.
                 
              
            
             
               
                 Clerk.
                 
              
               
                 
                   Francis
                   Hacker
                
                 hold
                 up
                 thy
                 hand
                 ;
                 look
                 upon
                 the
                 Prisoner
                 ,
                 you
                 that
                 are
                 sworn
                 of
                 this
                 Jury
                 .
                 You
                 shall
                 understand
                 that
                 
                   Francis
                   Hacker
                
                 ,
                 Prisoner
                 at
                 the
                 Bar
                 ,
                 stands
                 indicted
                 ,
                 &c.
                 
              
            
             
               
                 Mr.
                 Serj.
                 Keeling
                 .
              
               
                 My
                 Lords
                 and
                 Gentlemen
                 of
                 this
                 Jury
                 ,
                 
                   Francis
                   Hacker
                
                 ,
                 the
                 Prisoner
                 at
                 the
                 Bar
                 ,
                 stands
                 indicted
                 ,
                 amongst
                 others
                 ,
                 for
                 Compassing
                 and
                 Imagining
                 the
                 death
                 of
                 the
                 late
                 King
                 Charles
                 the
                 First
                 of
                 happy
                 Memory
                 .
                 The
                 Compassing
                 and
                 Imagining
                 is
                 the
                 Treason
                 it self
                 ;
                 the
                 other
                 points
                 ,
                 as
                 
                   Convening
                   ,
                   Assembling
                   ,
                   Meeting
                   together
                   ,
                
                 and
                 the
                 actual
                 villany
                 that
                 followed
                 all
                 these
                 are
                 but
                 as
                 Evidences
                 of
                 that
                 Imagination
                 .
                 As
                 to
                 this
                 person
                 at
                 the
                 Bar
                 our
                 Evidence
                 will
                 be
                 thus
                 .
                 We
                 shall
                 make
                 it
                 appear
                 to
                 you
                 ,
                 that
                 he
                 was
                 one
                 of
                 
                 the
                 persons
                 that
                 were
                 upon
                 the
                 Guard
                 ,
                 and
                 kept
                 the
                 King
                 a
                 Prisoner
                 ,
                 that
                 he
                 might
                 be
                 sure
                 to
                 be
                 brought
                 to
                 that
                 
                   Mock
                   Court
                   of
                   Injustice
                
                 .
                 Then
                 it
                 will
                 appear
                 to
                 you
                 ,
                 That
                 this
                 Prisoner
                 at
                 the
                 Bar
                 was
                 highly
                 trusted
                 by
                 all
                 those
                 Miscreants
                 that
                 thirsted
                 for
                 the
                 Kings
                 blood
                 ,
                 by
                 their
                 bloody
                 Warrant
                 directed
                 to
                 him
                 and
                 others
                 ,
                 to
                 take
                 the
                 Kings
                 person
                 into
                 custody
                 ,
                 and
                 to
                 see
                 Execution
                 done
                 .
                 This
                 was
                 the
                 person
                 that
                 kept
                 him
                 till
                 he
                 brought
                 him
                 to
                 that
                 fatal
                 Stage
                 .
                 That
                 this
                 Warrant
                 was
                 lately
                 brought
                 from
                 his
                 own
                 house
                 by
                 his
                 own
                 Wife
                 to
                 the
                 House
                 of
                 Lords
                 ,
                 and
                 then
                 we
                 shall
                 shew
                 you
                 that
                 this
                 person
                 set
                 his
                 hand
                 to
                 the
                 Warrant
                 to
                 the
                 Executioner
                 for
                 Execution
                 .
                 That
                 he
                 did
                 not
                 do
                 it
                 ignorantly
                 nor
                 unwillingly
                 ,
                 for
                 he
                 heard
                 the
                 Warrant
                 read
                 :
                 we
                 shall
                 make
                 it
                 appear
                 that
                 he
                 was
                 upon
                 the
                 Scaffold
                 ,
                 and
                 had
                 the
                 Ax
                 in
                 his
                 hand
                 .
              
            
             
               
                 Councel
                 .
              
               
                 Cryer
                 ,
                 call
                 
                   Holland
                   ,
                   Sympson
                
                 ,
                 Col.
                 Tomlinson
                 ,
                 Mr.
                 Nunnelly
                 ,
                 Mr.
                 
                   Nutly
                   ,
                   Hercules
                   Huncks
                
                 ,
                 and
                 
                   Benjamin
                   Francis
                
                 ,
                 
                   who
                   were
                   all
                   sworn
                   as
                   Witnesses
                   .
                
              
            
             
               
                 Councel
                 .
              
               
                 Mr.
                 Sympson
                 ,
                 speak
                 your
                 knowledge
                 of
                 the
                 employment
                 of
                 the
                 Prisoner
                 touching
                 the
                 Tryal
                 and
                 Execution
                 of
                 the
                 King.
                 
              
            
             
               
                 Hacker
                 .
              
               
                 My
                 Lords
                 ,
                 I
                 will
                 confess
                 what
                 I
                 know
                 in
                 this
                 case
                 ,
                 to
                 save
                 your
                 Lordships
                 the
                 trouble
                 .
                 I
                 confess
                 I
                 was
                 upon
                 the
                 Guard
                 ,
                 and
                 had
                 a
                 Warrant
                 to
                 keep
                 the
                 King
                 for
                 his
                 Execution
              
            
             
               (
               the
               Warrant
               being
               shewn
               to
               the
               Prisoner
               ,
               he
               confessed
               that
               to
               be
               the
               Warrant
               .
               )
            
             
               
                 Councel
                 .
              
               
                 After
                 you
                 had
                 that
                 Warrant
                 brought
                 to
                 you
                 ,
                 did
                 you
                 by
                 virtue
                 of
                 that
                 direct
                 another
                 Warrant
                 for
                 Execution
                 of
                 the
                 King
                 ?
                 Did
                 you
                 not
                 take
                 the
                 King
                 (
                 then
                 prisoner
                 )
                 from
                 the
                 custody
                 of
                 Colonel
                 Tomlinson
                 ?
              
            
             
               
                 Hacker
                 .
              
               
                 No
                 Sir
                 ,
              
            
             
               
                 Councel
                 .
              
               
                 We
                 shall
                 prove
                 it
                 ,
                 the
                 Warrant
                 was
                 read
                 ,
                 
                   At
                   the
                   High
                   Court
                   of
                   Justice
                   for
                   Tryal
                   ,
                   &c.
                   
                
                 My
                 Lord
                 at
                 the
                 time
                 that
                 this
                 Warrant
                 was
                 signed
                 ,
                 the
                 person
                 of
                 the
                 King
                 was
                 in
                 the
                 custody
                 of
                 Col.
                 Tomlinson
                 ,
                 did
                 not
                 you
                 take
                 and
                 demand
                 from
                 Col.
                 Tomlinson
                 the
                 person
                 of
                 the
                 King
                 as
                 soon
                 as
                 you
                 received
                 that
                 Warrant
                 ?
              
            
             
               
                 Hacker
                 .
              
               
                 No
                 Sir
                 ,
                 I
                 demanded
                 him
                 not
                 .
              
            
             
               
               
                 Councel
                 .
              
               
                 Col.
                 Tomlinson
                 tell
                 my
                 Lords
                 the
                 manner
                 of
                 that
                 business
                 .
              
            
             
               
                 Tomlinson
                 .
              
               
                 My
                 Lords
                 and
                 Gentlemen
                 of
                 this
                 Jury
                 ,
                 I
                 shall
                 as
                 my
                 memory
                 enables
                 me
                 ,
                 make
                 a
                 faithful
                 Narrative
                 of
                 this
                 business
                 :
                 I
                 had
                 indeed
                 to
                 do
                 with
                 the
                 Guard
                 ,
                 that
                 had
                 to
                 do
                 with
                 the
                 person
                 of
                 the
                 King
                 about
                 St.
                 Jameses
                 .
                 Being
                 then
                 an
                 Officer
                 of
                 the
                 Army
                 ,
                 a
                 Colonel
                 of
                 Horse
                 ,
                 when
                 the
                 King
                 came
                 to
                 St.
                 Jameses
                 :
                 it
                 was
                 observed
                 by
                 some
                 ,
                 that
                 there
                 was
                 too
                 great
                 an
                 access
                 of
                 people
                 admitted
                 to
                 the
                 King
                 ,
                 and
                 within
                 one
                 day
                 or
                 two
                 after
                 ,
                 there
                 was
                 a
                 party
                 of
                 Halberteers
                 appointed
                 for
                 the
                 stricter
                 observing
                 the
                 Guard
                 ;
                 they
                 were
                 commanded
                 by
                 three
                 Gentlemen
                 ,
                 of
                 whom
                 this
                 Prisoner
                 at
                 the
                 Bar
                 was
                 one
                 ;
                 the
                 orders
                 every
                 day
                 for
                 removing
                 the
                 person
                 of
                 the
                 King
                 were
                 commonly
                 directed
                 to
                 four
                 persons
                 ,
                 and
                 those
                 were
                 my self
                 ,
                 Lieu.
                 Col.
                 Cobbet
                 ,
                 Capt.
                 Merryman
                 ,
                 and
                 one
                 more
                 :
                 but
                 the
                 Guards
                 that
                 still
                 went
                 along
                 were
                 the
                 Halberteers
                 .
                 So
                 that
                 every
                 day
                 when
                 the
                 King
                 did
                 go
                 to
                 Westminster
                 ,
                 he
                 went
                 to
                 Sir
                 
                   Robert
                   Cottons
                
                 House
                 ,
                 and
                 so
                 far
                 I
                 went
                 with
                 him
                 ,
                 and
                 no
                 farther
                 .
                 I
                 never
                 went
                 with
                 him
                 nor
                 saw
                 him
                 at
                 that
                 pretended
                 High
                 Court
                 of
                 Justice
                 .
                 When
                 he
                 used
                 to
                 go
                 to
                 the
                 High
                 Court
                 of
                 Justice
                 ,
                 commonly
                 (
                 every
                 time
                 indeed
                 )
                 the
                 Serjeant
                 ,
                 Serjeant
                 ,
                 Dendy
                 (
                 as
                 I
                 remember
                 his
                 name
                 was
                 )
                 he
                 used
                 to
                 come
                 and
                 demand
                 ,
                 that
                 the
                 King
                 should
                 go
                 to
                 the
                 High
                 Court
                 of
                 Justice
                 ,
                 and
                 Col.
                 Hacker
                 did
                 ordinarily
                 go
                 with
                 him
                 ,
                 with
                 the
                 Halberteers
                 .
                 It
                 was
                 my
                 custom
                 to
                 stay
                 in
                 the
                 room
                 till
                 he
                 came
                 back
                 again
                 :
                 these
                 Orders
                 continued
                 ,
                 during
                 the
                 time
                 of
                 his
                 Tryal
                 .
                 After
                 the
                 Sentence
                 was
                 given
                 ,
                 on
                 the
                 day
                 whereon
                 the
                 Execution
                 was
                 to
                 be
                 done
                 ,
                 it
                 was
                 ordered
                 which
                 order
                 may
                 be
                 produced
                 if
                 significant
                 )
                 that
                 the
                 Guards
                 that
                 were
                 for
                 the
                 security
                 of
                 the
                 person
                 of
                 the
                 King
                 should
                 cease
                 ,
                 when
                 a
                 Warrant
                 from
                 the
                 High
                 Court
                 of
                 Justice
                 for
                 the
                 Execution
                 should
                 be
                 produced
                 :
                 I
                 would
                 not
                 omit
                 any
                 thing
                 that
                 I
                 well
                 remember
                 ,
                 and
                 this
                 I
                 remember
                 ,
                 that
                 the
                 night
                 before
                 the
                 Execution
                 the
                 King
                 called
                 me
                 into
                 his
                 Chamber
                 and
                 told
                 me
                 several
                 things
                 ;
                 I
                 will
                 take
                 the
                 occasion
                 to
                 trouble
                 you
                 with
                 a
                 short
                 discourse
                 of
                 it
                 ,
                 he
                 told
                 me
                 of
                 some
                 Legacies
                 he
                 had
                 given
                 ,
                 he
                 told
                 me
                 he
                 had
                 prepared
                 something
                 that
                 he
                 would
                 speak
                 the
                 
                 next
                 day
                 ,
                 and
                 in
                 the
                 close
                 of
                 it
                 he
                 desired
                 me
                 ,
                 that
                 I
                 would
                 not
                 leave
                 him
                 (
                 for
                 I
                 speak
                 it
                 in
                 truth
                 )
                 there
                 were
                 many
                 times
                 several
                 incivilities
                 offered
                 to
                 him
                 ,
                 and
                 though
                 I
                 was
                 upon
                 a
                 duty
                 ,
                 that
                 was
                 of
                 a
                 harsh
                 and
                 unpleasing
                 nature
                 to
                 me
                 ,
                 and
                 did
                 desire
                 several
                 times
                 to
                 be
                 released
                 from
                 it
                 ,
                 (
                 as
                 I
                 believe
                 is
                 well
                 known
                 to
                 some
                 )
                 yet
                 I
                 did
                 not
                 admit
                 any
                 time
                 that
                 any
                 incivility
                 should
                 be
                 offered
                 to
                 him
                 ;
                 people
                 would
                 take
                 Tobacco
                 before
                 him
                 ,
                 and
                 keep
                 their
                 hats
                 on
                 before
                 him
                 ,
                 I
                 alwayes
                 checked
                 them
                 for
                 it
                 ;
                 he
                 was
                 pleased
                 to
                 have
                 a
                 consideration
                 of
                 that
                 care
                 ,
                 that
                 I
                 had
                 in
                 that
                 capacity
                 I
                 then
                 stood
                 .
                 That
                 very
                 night
                 before
                 his
                 death
                 he
                 was
                 pleased
                 to
                 give
                 me
                 a
                 Legacy
                 ,
                 which
                 was
                 a
                 gold
                 Tooth-picker
                 and
                 Case
                 ,
                 that
                 he
                 kept
                 in
                 his
                 pocket
                 .
                 The
                 next
                 day
                 when
                 the
                 Warrant
                 came
                 ,
                 the
                 Guard
                 of
                 Halberteers
                 went
                 with
                 him
                 through
                 St.
                 Jameses
                 Park
                 ,
                 I
                 was
                 present
                 walking
                 near
                 the
                 King
                 ,
                 the
                 Bishop
                 of
                 London
                 (
                 now
                 of
                 Canterbury
                 )
                 was
                 with
                 him
                 and
                 some
                 others
                 .
                 As
                 we
                 were
                 going
                 thorough
                 the
                 Park
                 ,
                 he
                 was
                 pleased
                 to
                 discourse
                 something
                 of
                 what
                 he
                 had
                 been
                 discoursing
                 before
                 touching
                 his
                 Burial
                 ,
                 he
                 wished
                 that
                 the
                 Duke
                 of
                 Richmond
                 and
                 some
                 others
                 that
                 he
                 should
                 bring
                 should
                 take
                 care
                 of
                 it
                 .
                 That
                 morning
                 in
                 the
                 Park
                 ,
                 he
                 told
                 me
                 he
                 had
                 been
                 thinking
                 of
                 what
                 he
                 had
                 said
                 the
                 night
                 before
                 .
                 He
                 told
                 me
                 he
                 had
                 some
                 thoughts
                 that
                 his
                 Son
                 might
                 come
                 to
                 bury
                 him
                 ,
                 and
                 desired
                 he
                 might
                 not
                 suddenly
                 be
                 buried
                 ;
                 I
                 gave
                 him
                 assurance
                 I
                 would
                 communicate
                 his
                 desire
                 ,
                 and
                 so
                 I
                 did
                 :
                 when
                 he
                 came
                 to
                 Whitehall
                 he
                 went
                 into
                 a
                 room
                 in
                 the
                 Gallery
                 (
                 I
                 know
                 not
                 the
                 name
                 )
                 the
                 Guard
                 stood
                 in
                 the
                 outer
                 room
                 there
                 .
                 There
                 was
                 a
                 Gentleman
                 that
                 came
                 to
                 me
                 there
                 ,
                 and
                 told
                 me
                 he
                 was
                 endeavouring
                 to
                 present
                 a
                 Letter
                 from
                 the
                 Prince
                 to
                 the
                 King
                 ,
                 and
                 told
                 me
                 he
                 could
                 not
                 get
                 an
                 opportunity
                 ,
                 I
                 said
                 he
                 should
                 not
                 want
                 an
                 opportunity
                 if
                 I
                 could
                 help
                 him
                 ;
                 it
                 was
                 Mr.
                 
                   Henry
                   Seymor
                
                 ;
                 it
                 was
                 delivered
                 and
                 the
                 King
                 read
                 it
                 ,
                 and
                 he
                 gave
                 several
                 things
                 in
                 charge
                 to
                 Mr.
                 Seymor
                 to
                 acquant
                 the
                 Prince
                 with
                 ,
                 and
                 was
                 pleased
                 to
                 mention
                 to
                 him
                 ,
                 something
                 of
                 civility
                 that
                 I
                 had
                 shewn
                 him
                 in
                 his
                 imprisonment
                 ,
                 the
                 effect
                 and
                 fruit
                 of
                 it
                 I
                 find
                 ,
                 and
                 do
                 most
                 humbly
                 acknowledg
                 before
                 all
                 the
                 world
                 my
                 thanks
                 to
                 his
                 most
                 gracious
                 Majesty
                 the
                 King
                 ,
                 and
                 to
                 the
                 Lords
                 and
                 Commons
                 .
                 
                 After
                 Mr.
                 Seymor
                 was
                 gone
                 from
                 him
                 ,
                 (
                 I
                 do
                 not
                 well
                 remember
                 the
                 time
                 ,
                 whether
                 it
                 was
                 twelve
                 ,
                 one
                 ,
                 or
                 two
                 a
                 clock
                 ,
                 )
                 Col.
                 Hacker
                 came
                 in
                 ,
                 and
                 there
                 was
                 present
                 with
                 him
                 the
                 two
                 other
                 Gentlemen
                 that
                 were
                 named
                 in
                 the
                 Warrant
                 (
                 as
                 I
                 remember
                 )
                 I
                 am
                 sure
                 Col.
                 Hacker
                 (
                 if
                 my
                 memory
                 fail
                 me
                 not
                 )
                 did
                 produce
                 the
                 Warrant
                 .
                 My self
                 and
                 those
                 Gentlemen
                 that
                 were
                 concerned
                 in
                 the
                 former
                 Orders
                 looked
                 upon
                 this
                 Warrant
                 ;
                 by
                 which
                 the
                 Orders
                 which
                 he
                 had
                 were
                 at
                 the
                 end
                 .
                 I
                 must
                 confess
                 I
                 did
                 not
                 ,
                 nor
                 none
                 of
                 those
                 did
                 tell
                 him
                 that
                 the
                 Orders
                 for
                 security
                 of
                 his
                 person
                 were
                 at
                 an
                 end
                 ,
                 but
                 Col.
                 Hacker
                 did
                 go
                 in
                 to
                 him
                 ,
                 and
                 after
                 a
                 little
                 while
                 Col.
                 Hacker
                 comes
                 to
                 the
                 door
                 ,
                 and
                 the
                 King
                 was
                 coming
                 forth
                 ,
                 and
                 he
                 told
                 me
                 that
                 the
                 King
                 desired
                 I
                 should
                 go
                 along
                 with
                 him
                 ;
                 and
                 indeed
                 the
                 night
                 before
                 when
                 the
                 King
                 told
                 me
                 that
                 he
                 had
                 prepared
                 something
                 to
                 speak
                 ,
                 he
                 desired
                 I
                 would
                 not
                 leave
                 him
                 .
                 So
                 Col.
                 Hacker
                 led
                 him
                 forth
                 ,
                 the
                 Bishop
                 of
                 London
                 followed
                 him
                 ,
                 and
                 I
                 followed
                 the
                 Bishop
                 of
                 London
                 ,
                 the
                 Guards
                 were
                 prepared
                 without
                 ,
                 and
                 they
                 went
                 on
                 to
                 the
                 Scaffold
                 ,
                 when
                 we
                 came
                 to
                 the
                 Scaffold
                 I
                 went
                 so
                 far
                 as
                 to
                 the
                 entrance
                 upon
                 it
                 ,
                 the
                 King
                 was
                 upon
                 it
                 ,
                 and
                 had
                 looked
                 a
                 little
                 while
                 about
                 it
                 ,
                 and
                 was
                 thinking
                 to
                 have
                 spoken
                 over
                 ,
                 but
                 he
                 turned
                 about
                 to
                 me
                 ,
                 and
                 began
                 to
                 direct
                 his
                 speech
                 to
                 me
                 .
                 I
                 cannot
                 trouble
                 you
                 with
                 what
                 the
                 King
                 said
                 ,
                 for
                 I
                 cannot
                 remember
                 it
                 ,
                 but
                 that
                 Colonel
                 Hacker
                 was
                 there
                 in
                 prosecution
                 of
                 that
                 Warrant
                 ,
                 and
                 upon
                 that
                 Warrant
                 our
                 Orders
                 were
                 at
                 an
                 end
                 I
                 do
                 aver
                 .
              
            
             
               
                 Coun.
                 
              
               
                 You
                 delivered
                 him
                 upon
                 that
                 Warrant
                 ,
                 did
                 you
                 ?
              
            
             
               
                 Toml
                 ,
              
               
                 He
                 went
                 and
                 received
                 the
                 King
                 upon
                 that
                 Warrant
                 ;
                 it
                 was
                 a
                 Chamber
                 that
                 was
                 known
                 then
                 by
                 the
                 name
                 of
                 the
                 Horn-Chamber
                 ,
                 and
                 there
                 the
                 King
                 was
                 in
                 the
                 inner
                 room
                 :
                 this
                 is
                 the
                 substrance
                 of
                 all
                 .
              
            
             
               
                 Coun.
                 
              
               
                 We
                 will
                 trouble
                 you
                 with
                 one
                 or
                 two
                 Witnesses
                 more
                 .
              
            
             
               
                 Coun.
                 
              
               
                 Mr.
                 Tomlinson
                 ,
                 did
                 Mr.
                 Hacker
                 or
                 his
                 Souldies
                 take
                 Tobacco
                 to
                 the
                 Offence
                 of
                 the
                 King
                 ?
              
            
             
               
                 Toml
                 .
              
               
                 I
                 do
                 not
                 say
                 that
                 any
                 Tobacco
                 was
                 taken
                 there
                 by
                 Mr.
                 Hacker
                 ,
                 but
                 the
                 Souldiers
                 would
                 be
                 stepping
                 in
                 ,
                 and
                 take
                 Tobacco
                 at
                 his
                 Chamber
                 in
                 St.
                 James's
                 ,
                 and
                 committed
                 other
                 incivilities
                 .
              
            
             
               
               
                 Councel
                 .
              
               
                 We
                 have
                 proved
                 ,
                 that
                 the
                 Prisoner
                 did
                 demand
                 ,
                 and
                 had
                 the
                 person
                 of
                 the
                 King
                 :
                 now
                 we
                 will
                 prove
                 to
                 you
                 that
                 himself
                 had
                 the
                 boldness
                 to
                 make
                 a
                 Warrant
                 in
                 pursuance
                 of
                 the
                 former
                 ,
                 for
                 the
                 Execution
                 of
                 the
                 King.
                 
              
            
             
               
                 Coun.
                 
              
               
                 Cryer
                 call
                 Mr.
                 Huncks
                 .
                 
                   (
                   He
                   being
                   sworn
                   said
                   .
                   )
                
              
            
             
               
                 Huncks
                 .
              
               
                 My
                 Lords
                 and
                 Gentlemen
                 of
                 the
                 Jury
                 ,
                 that
                 day
                 the
                 King
                 died
                 ,
                 a
                 little
                 before
                 the
                 hour
                 he
                 died
                 ,
                 I
                 was
                 in
                 
                 Ireton's
                 Chamber
                 ,
                 where
                 Ireton
                 and
                 Harrison
                 were
                 in
                 bed
                 together
                 ,
                 there
                 was
                 Cromwell
                 ,
                 Colonel
                 Hacker
                 ,
                 Lieut.
                 Col.
                 
                   Phayer
                   ,
                   Axtell
                
                 ,
                 and
                 my self
                 standing
                 at
                 the
                 door
                 ,
                 this
                 Warrant
                 for
                 the
                 Execution
                 was
                 there
                 produced
                 ,
                 and
                 you
                 (
                 looking
                 upon
                 Mr.
                 Hacker
                 at
                 the
                 Bar
                 )
                 were
                 reading
                 of
                 it
                 ,
                 but
                 Cromwell
                 addressed
                 himself
                 to
                 me
                 ,
                 commanding
                 me
                 by
                 vertue
                 of
                 that
                 Warrant
                 ,
                 to
                 draw
                 up
                 an
                 Order
                 for
                 the
                 Executioner
                 ;
                 I
                 refused
                 it
                 ,
                 and
                 upon
                 refusing
                 of
                 it
                 there
                 hapned
                 some
                 cross
                 passages
                 .
                 Cromwel
                 would
                 have
                 no
                 delay
                 .
                 There
                 was
                 a
                 little
                 Table
                 that
                 stood
                 by
                 the
                 door
                 ,
                 and
                 pen
                 ,
                 ink
                 and
                 paper
                 being
                 there
                 ,
                 Cromwell
                 stopped
                 and
                 writ
                 ,
                 (
                 I
                 conceive
                 he
                 wrot
                 that
                 which
                 he
                 would
                 have
                 had
                 me
                 to
                 write
                 :
                 )
                 as
                 soon
                 as
                 he
                 had
                 done
                 writing
                 ,
                 he
                 gives
                 the
                 pen
                 over
                 to
                 
                   Hacker
                   ,
                   Hacker
                
                 he
                 stoops
                 and
                 did
                 write
                 (
                 I
                 cannot
                 say
                 what
                 he
                 writ
                 ,
                 )
                 away
                 goes
                 Cromwel
                 and
                 then
                 Axtell
                 ;
                 we
                 all
                 went
                 out
                 ,
                 afterwards
                 they
                 went
                 into
                 another
                 room
                 .
              
            
             
               
                 Councel
                 .
              
               
                 What
                 followed
                 ?
              
            
             
               
                 Hunc
                 .
              
               
                 Immediately
                 the
                 King
                 came
                 out
                 and
                 was
                 murther'd
                 .
              
            
             
               
                 Mr.
                 Secretary
                 Morrice
                 .
              
               
                 Mr.
                 Huncks
                 ,
                 you
                 did
                 tell
                 us
                 in
                 the
                 Tower
                 (
                 when
                 we
                 were
                 sent
                 by
                 his
                 Majesties
                 Councel
                 to
                 examine
                 you
                 ,
                 and
                 others
                 there
                 )
                 that
                 Col.
                 Hacker
                 did
                 then
                 sign
                 that
                 Warrant
                 for
                 nominating
                 and
                 appointing
                 the
                 Execution
                 .
              
            
             
               
                 Huncks
                 .
              
               
                 My
                 Lord
                 ,
                 Cromwel
                 comes
                 to
                 me
                 ,
                 and
                 bids
                 me
                 write
                 a
                 Warrant
                 for
                 that
                 purpose
                 ;
                 I
                 refusing
                 of
                 it
                 ,
                 Cromwel
                 writes
                 himself
                 ,
                 and
                 Hacker
                 writing
                 to
                 the
                 same
                 paper
                 ,
                 what
                 should
                 I
                 conceive
                 ,
                 but
                 that
                 it
                 was
                 the
                 Warrant
                 ?
                 (
                 the
                 King
                 presently
                 after
                 coming
                 to
                 the
                 Scaffold
                 .
                 )
              
            
             
               
                 Councel
                 .
              
               
                 Did
                 Cromwel
                 give
                 you
                 no
                 bad
                 names
                 ,
                 because
                 you
                 would
                 not
                 write
                 that
                 Order
                 ;
                 Did
                 not
                 he
                 say
                 you
                 were
                 a
                 Coward
                 ?
              
            
             
               
                 Huncks
                 .
              
               
                 He
                 said
                 I
                 was
                 a
                 froward
                 peevish
                 fellow
                 .
              
            
             
               
               
                 Councel
                 .
              
               
                 Did
                 Hacker
                 only
                 write
                 his
                 name
                 ,
                 or
                 give
                 directions
                 in
                 the
                 drawing
                 up
                 of
                 the
                 Order
                 .
              
            
             
               
                 Huncks
                 .
              
               
                 I
                 conceive
                 he
                 only
                 writ
                 his
                 name
                 .
              
            
             
               
                 Councel
                 .
              
               
                 My
                 Lord
                 ,
                 we
                 have
                 only
                 that
                 Eye-witness
                 .
              
               
                 
                   H.
                   Hacker
                
                 confessed
                 to
                 the
                 Gentleman-Jaylor
                 of
                 the
                 Tower
                 ,
                 that
                 if
                 he
                 did
                 do
                 it
                 ,
                 he
                 did
                 it
                 by
                 order
                 .
              
            
             
               Mr.
               Secretary
               Morrice
               ,
               and
               the
               L.
               Annesly
               sworn
               .
            
             
               
                 Councel
                 .
              
               
                 Mr.
                 Secretary
                 ,
                 we
                 desire
                 you
                 would
                 be
                 pleased
                 to
                 tell
                 my
                 Lords
                 what
                 Col.
                 Hacker
                 ,
                 the
                 Prisoner
                 at
                 the
                 Bar
                 ,
                 did
                 confess
                 to
                 you
                 and
                 others
                 touching
                 this
                 business
                 .
              
            
             
               
                 Mr.
                 Secretary
                 .
              
               
                 When
                 Col.
                 Huncks
                 (
                 for
                 that
                 title
                 he
                 now
                 assumes
                 )
                 was
                 brought
                 over
                 out
                 of
                 Ireland
                 ,
                 and
                 committed
                 to
                 the
                 Tower
                 of
                 London
                 ,
                 there
                 was
                 three
                 of
                 the
                 Council
                 ,
                 by
                 order
                 of
                 the
                 Board
                 ,
                 sent
                 to
                 examin
                 him
                 ,
                 Sir
                 
                   Anthony
                   Ashly-Cooper
                
                 ,
                 Mr.
                 Annesly
                 and
                 my self
                 :
                 In
                 obedience
                 to
                 that
                 order
                 ,
                 we
                 repaired
                 to
                 the
                 Tower
                 ,
                 and
                 had
                 Col.
                 Huncks
                 brought
                 before
                 us
                 ,
                 we
                 told
                 him
                 ,
                 that
                 he
                 (
                 being
                 one
                 of
                 those
                 which
                 was
                 appointed
                 by
                 warant
                 from
                 the
                 supposititious
                 high
                 Court
                 of
                 Justice
                 ,
                 to
                 carry
                 on
                 the
                 Execution
                 of
                 the
                 King
                 ,
                 and
                 see
                 it
                 done
                 )
                 must
                 needs
                 know
                 who
                 was
                 the
                 Executioner
                 :
                 whereunto
                 he
                 answered
                 ,
                 that
                 he
                 for
                 his
                 part
                 did
                 not
                 know
                 who
                 was
                 the
                 Executioner
                 ;
                 for
                 the
                 Warrant
                 whereby
                 the
                 Executioner
                 was
                 nominated
                 &
                 appointed
                 ,
                 was
                 refused
                 to
                 be
                 signed
                 by
                 him
                 ,
                 but
                 Col.
                 Hacker
                 signed
                 it
                 ,
                 and
                 therefore
                 Col.
                 Hacker
                 must
                 know
                 it
                 .
                 Accordingly
                 upon
                 our
                 return
                 we
                 made
                 our
                 Report
                 to
                 the
                 Board
                 ,
                 and
                 upon
                 this
                 there
                 was
                 an
                 Order
                 ,
                 that
                 Col.
                 Hacker
                 should
                 be
                 sent
                 for
                 ,
                 taken
                 into
                 Custody
                 ,
                 and
                 brought
                 before
                 the
                 Lords
                 of
                 the
                 Council
                 :
                 Accordingly
                 he
                 was
                 apprehended
                 ,
                 and
                 the
                 same
                 three
                 Councellors
                 were
                 sent
                 down
                 to
                 examin
                 him
                 .
                 We
                 took
                 him
                 into
                 a
                 private
                 room
                 ,
                 and
                 examined
                 him
                 ,
                 and
                 told
                 him
                 (
                 amongst
                 other
                 things
                 )
                 that
                 he
                 being
                 the
                 man
                 that
                 (
                 as
                 we
                 are
                 informed
                 )
                 did
                 sign
                 the
                 Warrant
                 ,
                 for
                 the
                 nominating
                 and
                 appointing
                 the
                 Executioner
                 ,
                 doubtless
                 he
                 must
                 needs
                 know
                 who
                 that
                 was
                 ,
                 at
                 first
                 he
                 said
                 he
                 did
                 not
                 sign
                 this
                 Warrant
                 :
                 I
                 told
                 him
                 ,
                 I
                 would
                 have
                 him
                 well
                 advised
                 what
                 he
                 said
                 ;
                 for
                 if
                 you
                 deny
                 it
                 ,
                 it
                 will
                 be
                 proved
                 by
                 such
                 a
                 man
                 ,
                 naming
                 Col.
                 Huncks
                 ,
                 and
                 that
                 you
                 will
                 do
                 your self
                 a
                 great
                 prejudice
                 if
                 you
                 deny
                 that
                 ;
                 saith
                 he
                 ,
                 
                   I
                   do
                   believe
                   I
                   did
                   
                   sign
                   the
                   Warrant
                   for
                   appointing
                   the
                   Executioner
                   ,
                
                 that
                 is
                 all
                 I
                 can
                 say
                 .
              
            
             
               
                 L.
                 Annesly
                 .
              
               
                 Gentlemen
                 of
                 the
                 Jury
                 ,
                 it
                 is
                 very
                 true
                 as
                 you
                 have
                 been
                 told
                 already
                 ,
                 that
                 I
                 was
                 amongst
                 those
                 that
                 the
                 Council
                 sent
                 ,
                 to
                 the
                 Tower
                 of
                 London
                 ,
                 first
                 to
                 examine
                 Col.
                 Huncks
                 and
                 Mr.
                 Cook
                 ,
                 that
                 hath
                 been
                 condemned
                 ,
                 Hulet
                 and
                 some
                 other
                 Prisoners
                 .
                 We
                 did
                 examin
                 Colonel
                 Huncks
                 ,
                 and
                 he
                 did
                 by
                 his
                 Examination
                 acquit
                 himself
                 from
                 signing
                 that
                 Warrant
                 that
                 he
                 was
                 charged
                 with
                 ,
                 being
                 one
                 of
                 the
                 three
                 appointed
                 to
                 see
                 execution
                 done
                 ,
                 but
                 they
                 appointed
                 another
                 to
                 sign
                 the
                 Warrant
                 (
                 Col.
                 Huncks
                 refusing
                 )
                 and
                 upon
                 his
                 refusal
                 (
                 as
                 he
                 said
                 )
                 Cromwel
                 that
                 urged
                 him
                 to
                 it
                 ,
                 said
                 he
                 was
                 a
                 cowardly
                 fellow
                 ,
                 or
                 something
                 to
                 that
                 purpose
                 :
                 when
                 we
                 examined
                 him
                 about
                 the
                 person
                 in
                 the
                 Frock
                 ,
                 he
                 said
                 he
                 knew
                 nothing
                 of
                 that
                 ,
                 but
                 that
                 Col.
                 Hacker
                 signed
                 that
                 Warrant
                 for
                 Execution
                 ;
                 this
                 Examination
                 being
                 reported
                 to
                 the
                 Council
                 ,
                 the
                 Lords
                 sent
                 for
                 Hacker
                 .
                 I
                 think
                 upon
                 notice
                 Colonel
                 Hacker
                 came
                 ,
                 he
                 had
                 been
                 of
                 the
                 Army
                 ,
                 and
                 continued
                 till
                 that
                 time
                 an
                 Officer
                 :
                 when
                 he
                 came
                 thither
                 ,
                 the
                 Lords
                 of
                 the
                 Council
                 having
                 notice
                 of
                 it
                 ,
                 commanded
                 the
                 same
                 persons
                 formerly
                 appointed
                 ,
                 to
                 go
                 out
                 and
                 examine
                 him
                 ;
                 we
                 had
                 him
                 into
                 a
                 little
                 room
                 belonging
                 to
                 the
                 Clerks
                 of
                 the
                 Council
                 ,
                 and
                 examined
                 him
                 to
                 that
                 point
                 concerning
                 the
                 Man
                 that
                 cut
                 off
                 the
                 Kings
                 head
                 ,
                 whether
                 he
                 knew
                 any
                 thing
                 of
                 it
                 :
                 he
                 did
                 affirm
                 positively
                 he
                 did
                 not
                 know
                 ;
                 we
                 told
                 him
                 that
                 he
                 was
                 the
                 man
                 ,
                 by
                 testimony
                 ,
                 that
                 signed
                 a
                 Warrant
                 for
                 Execution
                 of
                 the
                 King
                 ,
                 and
                 then
                 certainly
                 he
                 must
                 know
                 the
                 person
                 that
                 he
                 appointed
                 by
                 his
                 Warrant
                 ;
                 he
                 said
                 ,
                 if
                 I
                 did
                 sign
                 any
                 Warrant
                 ,
                 it
                 was
                 by
                 command
                 of
                 the
                 General
                 ,
                 that
                 being
                 but
                 hypothetical
                 ,
                 we
                 thought
                 it
                 meet
                 to
                 make
                 it
                 more
                 positive
                 ,
                 whereupon
                 we
                 asked
                 him
                 whether
                 he
                 was
                 the
                 Man
                 that
                 signed
                 the
                 Warrant
                 or
                 no.
                 Thereupon
                 (
                 as
                 I
                 remember
                 ,
                 and
                 as
                 the
                 Examination
                 which
                 was
                 all
                 written
                 with
                 mine
                 own
                 hand
                 doth
                 help
                 my
                 memory
                 )
                 he
                 did
                 say
                 he
                 did
                 believe
                 he
                 did
                 sign
                 such
                 a
                 Warrant
                 ;
                 thereupon
                 he
                 was
                 asked
                 further
                 ,
                 how
                 could
                 it
                 be
                 possible
                 ,
                 that
                 he
                 could
                 forget
                 the
                 man
                 if
                 he
                 signed
                 the
                 Warrant
                 ,
                 he
                 knew
                 who
                 the
                 man
                 was
                 that
                 was
                 appointed
                 ,
                 he
                 said
                 for
                 that
                 ,
                 that
                 
                 he
                 did
                 believe
                 the
                 Warrant
                 was
                 read
                 to
                 him
                 ,
                 and
                 that
                 therein
                 the
                 mans
                 name
                 might
                 be
                 ,
                 but
                 he
                 could
                 not
                 now
                 remember
                 his
                 name
                 ,
                 this
                 was
                 the
                 effect
                 of
                 his
                 Examination
                 and
                 Confession
                 .
              
            
             
               
                 Councel
                 .
              
               
                 Mr.
                 Francis
                 ,
                 did
                 you
                 see
                 Colonel
                 Hacker
                 at
                 the
                 time
                 of
                 the
                 Execution
                 upon
                 the
                 Scaffold
                 ?
              
            
             
               
                 Francis.
                 
              
               
                 Yes
                 ,
                 I
                 did
                 see
                 him
                 as
                 a
                 principal
                 Commander
                 there
                 ,
                 I
                 was
                 coming
                 out
                 of
                 Westminster
                 into
                 London
                 ,
                 about
                 half
                 an
                 hour
                 before
                 the
                 King
                 came
                 upon
                 the
                 Scaffold
                 ;
                 coming
                 near
                 the
                 Scaffold
                 ,
                 as
                 soon
                 as
                 I
                 was
                 engaged
                 in
                 the
                 throng
                 ,
                 (
                 when
                 I
                 had
                 passed
                 about
                 eight
                 or
                 ten
                 yards
                 ,
                 )
                 I
                 could
                 not
                 pass
                 backward
                 nor
                 forward
                 ;
                 I
                 was
                 inforced
                 to
                 stand
                 there
                 :
                 during
                 that
                 time
                 ,
                 I
                 saw
                 the
                 Scaffold
                 and
                 the
                 Ax
                 ,
                 and
                 the
                 Block
                 taken
                 up
                 by
                 divers
                 people
                 ,
                 and
                 principally
                 I
                 saw
                 a
                 man
                 that
                 is
                 not
                 here
                 ,
                 he
                 is
                 in
                 custody
                 ,
                 I
                 saw
                 him
                 take
                 it
                 up
                 ,
                 and
                 try
                 it
                 with
                 his
                 Thumb
                 ,
                 and
                 lay
                 it
                 down
                 ,
                 this
                 was
                 
                   James
                   Berry
                
                 ,
                 he
                 came
                 off
                 ,
                 and
                 came
                 not
                 upon
                 the
                 Scaffold
                 again
                 unless
                 disguised
                 .
              
            
             
               
                 Councel
                 .
              
               
                 Did
                 you
                 see
                 ▪
                 Hacker
                 there
                 ,
                 did
                 you
                 see
                 him
                 upon
                 the
                 Scaffold
                 when
                 the
                 King
                 came
                 on
                 ?
              
            
             
               
                 Francis
                 ,
              
               
                 I
                 did
                 see
                 him
                 ,
                 he
                 was
                 there
                 ,
                 his
                 Majesty
                 came
                 to
                 the
                 side
                 of
                 the
                 Scaffold
                 next
                 to
                 St.
                 Jameses
                 ;
                 he
                 looked
                 that
                 way
                 and
                 smiled
                 ,
                 after
                 a
                 while
                 the
                 block
                 and
                 Ax
                 lying
                 down
                 about
                 the
                 middle
                 of
                 the
                 Scaffold
                 ,
                 there
                 was
                 a
                 black
                 Cloath
                 hung
                 about
                 the
                 rails
                 of
                 the
                 Scaffold
                 .
              
            
             
               
                 Councel
                 .
              
               
                 We
                 have
                 another
                 Evidence
                 ,
                 the
                 Prisoner
                 hath
                 confessed
                 enough
                 ,
                 but
                 we
                 have
                 proved
                 that
                 he
                 had
                 the
                 King
                 in
                 custody
                 ,
                 he
                 confessed
                 that
                 he
                 believed
                 he
                 did
                 sign
                 the
                 Warrant
                 ,
                 and
                 that
                 he
                 at
                 the
                 time
                 of
                 Execution
                 was
                 there
                 to
                 manage
                 it
                 .
                 What
                 do
                 you
                 say
                 for
                 your self
                 ?
              
            
             
               
                 Hacker
                 .
              
               
                 Truly
                 my
                 Lord
                 ,
                 I
                 have
                 no
                 more
                 to
                 say
                 for
                 my self
                 ,
                 but
                 that
                 I
                 was
                 a
                 Souldier
                 and
                 under
                 command
                 ,
                 and
                 what
                 I
                 did
                 was
                 by
                 that
                 Commission
                 you
                 have
                 read
                 .
              
            
             
               
                 L.
                 Ch.
                 Bar.
                 
              
               
                 Can
                 you
                 deny
                 any
                 thing
                 that
                 Mr.
                 Secretary
                 and
                 Mr.
                 Annesly
                 have
                 declared
                 ?
              
            
             
               
                 Hacker
                 .
              
               
                 I
                 cannot
                 tell
                 what
                 I
                 might
                 then
                 say
                 ,
                 the
                 Gentlemen
                 were
                 very
                 strict
                 with
                 me
                 ,
                 truly
                 I
                 have
                 been
                 no
                 Counsellor
                 nor
                 advisor
                 ,
                 nor
                 abettor
                 of
                 it
                 ,
                 but
                 in
                 obedience
                 to
                 the
                 command
                 over
                 me
                 I
                 did
                 act
                 .
                 My
                 desire
                 hath
                 been
                 ever
                 for
                 
                 the
                 welfare
                 of
                 my
                 Countrey
                 ,
                 and
                 that
                 Civil
                 power
                 might
                 stand
                 .
              
            
             
               
                 L.
                 Ch.
                 Bar.
                 
              
               
                 Have
                 you
                 yet
                 resolved
                 who
                 you
                 gave
                 the
                 Warrant
                 for
                 Execution
                 to
                 ?
              
            
             
               
                 Hacker
                 .
              
               
                 No
                 my
                 Lord
                 ,
                 I
                 delivered
                 none
                 .
              
            
             
               
                 L.
                 ch
                 .
                 B.
                 
              
               
                 But
                 you
                 know
                 who
                 it
                 was
                 directed
                 to
                 .
              
            
             
               
                 Hacker
                 .
              
               
                 No
                 indeed
                 my
                 Lord
                 ,
                 be
                 pleased
                 to
                 ask
                 Col.
                 Huncks
                 whether
                 I
                 read
                 this
                 Warrant
                 or
                 no.
                 
              
            
             
               
                 L.
                 ch
                 .
                 B.
                 
              
               
                 This
                 is
                 all
                 you
                 have
                 to
                 say
                 for
                 your self
                 ?
              
            
             
               
                 Hacker
                 .
              
               
                 Yea
                 my
                 Lord.
                 
              
            
             
               
                 L.
                 ch
                 .
                 B.
                 
              
               
                 Then
                 Col.
                 Hacker
                 ,
                 for
                 that
                 which
                 you
                 say
                 for
                 your self
                 ,
                 that
                 you
                 did
                 it
                 by
                 coommand
                 ,
                 you
                 must
                 understand
                 ,
                 that
                 no
                 power
                 on
                 earth
                 could
                 Authorize
                 such
                 a
                 thing
                 ,
                 No
                 command
                 in
                 such
                 a
                 case
                 can
                 excuse
                 you
                 .
                 There
                 is
                 a
                 twofold
                 obedience
                 ,
                 a
                 passive
                 obedience
                 ,
                 to
                 suffer
                 ,
                 rather
                 than
                 do
                 things
                 unlawful
                 ,
                 and
                 an
                 Active
                 obedience
                 ,
                 to
                 do
                 that
                 only
                 which
                 is
                 lawful
                 :
                 and
                 therefore
                 this
                 will
                 not
                 excuse
                 your
                 obedience
                 to
                 those
                 unlawful
                 commands
                 .
                 —
                 Gent.
                 of
                 the
                 Jury
                 you
                 see
                 the
                 Prisoner
                 at
                 the
                 Bar
                 stands
                 indicted
                 for
                 compassing
                 and
                 imagining
                 .
                 the
                 death
                 of
                 the
                 late
                 King
                 ,
                 and
                 there
                 are
                 several
                 open
                 Acts
                 set
                 forth
                 in
                 the
                 indictment
                 which
                 tend
                 to
                 prove
                 that
                 matter
                 :
                 one
                 is
                 assembling
                 and
                 meeting
                 together
                 ,
                 another
                 is
                 sitting
                 upon
                 the
                 King
                 ,
                 another
                 sentencing
                 ,
                 and
                 at
                 last
                 concludes
                 with
                 the
                 murther
                 of
                 the
                 King
                 ,
                 as
                 the
                 consequence
                 of
                 all
                 .
                 Any
                 thing
                 that
                 tends
                 to
                 the
                 proving
                 of
                 this
                 compassing
                 and
                 imagining
                 his
                 death
                 ,
                 in
                 any
                 one
                 of
                 these
                 particulars
                 ,
                 that
                 is
                 an
                 evidence
                 to
                 you
                 to
                 prove
                 the
                 whole
                 indictment
                 .
                 This
                 Gentleman
                 was
                 Commander
                 of
                 Halberteers
                 ,
                 Col.
                 Tomlinson
                 saith
                 ,
                 that
                 though
                 he
                 kept
                 the
                 Guards
                 that
                 were
                 about
                 the
                 Kings
                 person
                 ,
                 this
                 Gentleman
                 with
                 two
                 other
                 persons
                 ,
                 brought
                 Halberteers
                 ,
                 that
                 there
                 might
                 not
                 be
                 such
                 frequent
                 access
                 as
                 formerly
                 to
                 the
                 King
                 ,
                 there
                 is
                 one
                 Act.
                 He
                 commands
                 these
                 Halberteers
                 at
                 that
                 time
                 when
                 the
                 business
                 was
                 in
                 agitation
                 ,
                 before
                 that
                 High
                 Court
                 ,
                 as
                 they
                 called
                 it
                 .
                 You
                 see
                 after
                 the
                 sentence
                 was
                 given
                 ,
                 that
                 he
                 was
                 one
                 of
                 the
                 persons
                 to
                 whom
                 the
                 Warrant
                 for
                 Execution
                 was
                 directed
                 ,
                 you
                 see
                 afterwards
                 there
                 was
                 a
                 consulting
                 together
                 ,
                 
                   Cromwel
                   ,
                   Ireton
                   ,
                   Harrison
                
                 ,
                 and
                 Axtel
                 ,
                 were
                 in
                 
                 the
                 Chamber
                 ,
                 when
                 Col.
                 Huncks
                 refused
                 to
                 sign
                 :
                 the
                 prisoner
                 signed
                 the
                 Warrant
                 ,
                 but
                 knows
                 not
                 the
                 person
                 ,
                 to
                 whom
                 it
                 was
                 directed
                 :
                 you
                 see
                 besides
                 ,
                 Col.
                 
                 Tomlinson's
                 testimony
                 ,
                 who
                 saith
                 further
                 ,
                 that
                 when
                 they
                 were
                 discharged
                 ,
                 Col.
                 Hacker
                 went
                 in
                 and
                 the
                 King
                 was
                 brought
                 out
                 presently
                 after
                 to
                 that
                 fatal
                 place
                 .
                 Col.
                 Huncks
                 swears
                 ,
                 that
                 when
                 that
                 Warrant
                 was
                 offered
                 to
                 him
                 he
                 refused
                 it
                 ,
                 that
                 Hacker
                 the
                 Prisoner
                 at
                 the
                 Bar
                 ,
                 signed
                 a
                 Warrant
                 ,
                 though
                 he
                 doth
                 not
                 remember
                 the
                 name
                 of
                 the
                 person
                 to
                 whom
                 ;
                 it
                 appears
                 by
                 two
                 Witnesses
                 (
                 honourable
                 persons
                 )
                 he
                 confessed
                 he
                 signed
                 it
                 ,
                 but
                 he
                 did
                 not
                 know
                 the
                 person
                 to
                 whom
                 directed
                 .
                 You
                 see
                 another
                 Witness
                 ,
                 
                   Benjamin
                   Francis
                
                 ,
                 he
                 saith
                 he
                 saw
                 Hacker
                 upon
                 the
                 Scaffold
                 with
                 the
                 King.
                 
              
               
                 He
                 doth
                 not
                 deny
                 the
                 fact
                 ,
                 you
                 need
                 go
                 no
                 further
                 ,
                 it
                 is
                 very
                 plain
                 he
                 had
                 a
                 hand
                 in
                 this
                 business
                 ,
                 a
                 principal
                 agent
                 in
                 it
                 ,
                 he
                 that
                 brought
                 the
                 King
                 to
                 the
                 Scaffold
                 ,
                 he
                 that
                 had
                 the
                 care
                 in
                 managing
                 that
                 business
                 ,
                 he
                 that
                 signed
                 the
                 Warrant
                 to
                 the
                 Executioner
                 ,
                 either
                 he
                 is
                 guilty
                 of
                 compassing
                 the
                 death
                 of
                 the
                 King
                 ,
                 or
                 no
                 man
                 can
                 be
                 said
                 to
                 be
                 guilty
                 .
              
               
                 The
                 Jury
                 went
                 together
                 ,
                 and
                 after
                 some
                 little
                 consultation
                 ,
                 returned
                 to
                 their
                 places
                 .
              
               
                 
                   Clerk
                   of
                   the
                   Crown
                
                 ,
                 Gentlemen
                 of
                 the
                 Jury
                 ,
                 are
                 you
                 agreed
                 on
                 your
                 Verdict
                 ?
              
            
             
               
                 Jury
                 .
              
               
                 Yes
                 .
              
            
             
               
                 Clerk.
                 
              
               
                 Who
                 shall
                 say
                 for
                 you
                 ?
              
            
             
               
                 Jury
                 ,
              
               
                 Our
                 Foreman
                 .
              
            
             
               
                 Clerk.
                 
              
               
                 
                   Francis
                   Hacker
                
                 hold
                 up
                 thy
                 hand
                 ,
                 Gentlemen
                 look
                 upon
                 the
                 Prisoner
                 at
                 the
                 Bar
                 ,
                 how
                 say
                 you
                 ,
                 is
                 he
                 guilty
                 of
                 high
                 Treason
                 whereof
                 he
                 stands
                 indicted
                 ,
                 and
                 hath
                 been
                 arraigned
                 ,
                 or
                 not
                 guilty
                 ?
              
            
             
               
                 Foreman
                 .
              
               
                 Guilty
                 .
              
            
             
               
                 Clerk.
                 
              
               
                 Look
                 to
                 him
                 Keeper
                 .
              
            
             
               
                 Clerk.
                 
              
               
                 What
                 Goods
                 and
                 Chattels
                 ,
                 &c.
                 
              
            
             
               
                 Jury
                 .
              
               
                 None
                 that
                 we
                 know
                 of
                 .
              
            
          
        
         
           
           
             The
             Tryal
             of
             William
             Hulet
             .
             
               15.
               
               Octob.
               1660.
               
            
          
           
             
               CLerk
               of
               the
               Crown
               ,
            
             
               Set
               
                 William
                 Hulet
              
               to
               the
               Bar
               
                 (
                 who
                 was
                 brought
                 accordingly
                 .
                 )
              
               
                 William
                 Hulet
              
               alias
               Houlet
               ,
               hold
               up
               thy
               hand
               .
               Those
               persons
               that
               were
               last
               called
               of
               the
               Jury
               are
               to
               pass
               ,
               &c.
               
               If
               you
               will
               challenge
               them
               ,
               or
               any
               of
               them
               ,
               you
               must
               challenge
               them
               when
               they
               come
               to
               the
               Book
               before
               they
               be
               sworn
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               Understand
               you
               have
               power
               to
               challenge
               five
               and
               thirty
               men
               ,
               and
               not
               above
               ,
               You
               may
               challenge
               them
               without
               cause
               shewn
               .
               If
               you
               have
               cause
               for
               any
               other
               ,
               you
               may
               challenge
               them
               also
               .
               If
               you
               will
               have
               Pen
               ,
               Ink
               ,
               and
               Paper
               ,
               you
               may
               have
               them
               .
            
          
           
             
               Hulet
               ,
            
             
               Truly
               my
               Lord
               ,
               I
               cannot
               Write
               but
               a
               very
               little
               ,
               I
               shall
               not
               need
               them
               .
               I
               did
               not
               understand
               my
               Indictment
               well
               ,
               I
               desire
               to
               hear
               it
               again
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               You
               will
               hear
               it
               read
               again
               .
            
          
           
             
               Clerk.
               
            
             
               Sir
               Thomas
               Allen
               ,
               Sir
               Henry
               Wroth
               ,
               Thomas
               Bide
               ,
               Robert
               Sheppard
               ,
               Thomas
               Morris
               ,
               Ralph
               Halsal
               ,
               John
               Gallyard
               ,
               John
               Nicoll
               ,
               Thomas
               Vfman
               ,
               Christopher
               Abdy
               ,
               William
               Dod
               ,
               
                 in
                 all
                 twelve
                 .
                 Jury
                 called
                 and
                 sworn
                 .
              
            
          
           
             
               Cl.
               of
               the
               Cr.
               Will.
               
            
             
               Hulet
               ,
               alias
               Houlet
               ,
               hold
               up
               thy
               hand
               .
               You
               Gentlemen
               that
               are
               sworn
               ,
               look
               upon
               the
               Prisoner
               .
            
          
           
             
               Cl.
               
            
             
               You
               shall
               understand
               ,
               that
               he
               stands
               indicted
               of
               high
               Treason
               ,
               by
               the
               name
               of
               
                 Will.
                 Hulet
              
               alias
               Howlet
               ,
               late
               of
               Westminster
               in
               the
               County
               of
               Middlesex
               Gent.
               for
               that
               he
               as
               a
               false
               Traytor
               ,
               
                 &c.
                 (
                 here
                 the
                 indictment
                 was
                 read
                 )
              
               Unto
               which
               indictment
               he
               hath
               pleaded
               not
               guilty
               ,
               and
               for
               his
               Tryal
               hath
               put
               himself
               upon
               God
               and
               the
               Country
               ,
               which
               Country
               you
               are
               ;
               Now
               your
               charge
               is
               to
               inquire
               ,
               &c.
               
            
             
               Sir
               
                 Edward
                 Turner
              
               ,
               May
               it
               please
               your
               Lordships
               and
               you
               Gentlemen
               that
               are
               sworn
               of
               this
               Jury
               ,
               we
               are
               now
               entering
               upon
               the
               last
               Act
               in
               this
               sad
               tragedy
               of
               the
               Murther
               of
               the
               late
               King
               ,
               there
               have
               been
               before
               you
               some
               of
               the
               Judges
               ,
               the
               Councel
               ,
               the
               Chaplain
               ,
               and
               the
               Guard
               ,
               this
               Prisoner
               
               at
               the
               Bar
               ,
               in
               the
               last
               place
               was
               one
               of
               those
               which
               came
               with
               a
               frock
               on
               his
               body
               ,
               and
               a
               vizor
               on
               his
               face
               to
               do
               the
               work
               .
               The
               course
               of
               our
               evidence
               will
               be
               this
               ,
               first
               we
               shall
               prove
               by
               witnesses
               that
               saw
               him
               ,
               and
               knew
               him
               ,
               that
               he
               was
               thus
               disguised
               :
               he
               hath
               confest
               that
               he
               was
               upon
               the
               Scaffold
               ,
               that
               he
               hath
               had
               several
               preferments
               ,
               and
               I
               fear
               it
               will
               appear
               that
               it
               was
               he
               that
               gave
               that
               fatal
               blow
               ,
               for
               he
               hath
               confessed
               he
               had
               an
               hundred
               pounds
               given
               him
               for
               his
               service
               therein
               ,
               and
               we
               doubt
               not
               ,
               but
               to
               pluck
               off
               his
               vizor
               by
               and
               by
               .
               The
               indictment
               is
               for
               compassing
               and
               imagining
               the
               death
               of
               his
               late
               Majesty
               of
               glorious
               memory
               ;
               if
               we
               prove
               to
               you
               any
               circumstantial
               overtact
               ,
               whereby
               you
               shall
               be
               convinced
               of
               this
               ,
               you
               are
               to
               find
               him
               guilty
               .
            
          
           
             Richard
             Gittens
             sworn
             .
          
           
             
               Councel
               ,
            
             
               Mr.
               Gittens
               ,
               tell
               my
               Lord
               and
               the
               Jury
               what
               you
               know
               touching
               the
               prisoner
               at
               the
               Bar.
               
            
          
           
             
               Gittens
               .
            
             
               The
               thing
               is
               this
               my
               Lord
               ,
               this
               Gentleman
               at
               the
               Bar
               and
               my self
               were
               both
               in
               a
               Regiment
               in
               one
               company
               as
               Serjeants
               ,
               about
               twelve
               or
               thirteen
               years
               together
               .
               About
               a
               day
               or
               two
               before
               the
               King
               came
               to
               the
               Scaffold
               ,
               Colonel
               Hewson
               did
               give
               notice
               to
               a
               Lieutenant
               ,
               that
               we
               should
               come
               to
               him
               ,
               about
               38
               of
               us
               ;
               and
               he
               put
               us
               all
               to
               our
               Oaths
               ,
               that
               we
               should
               say
               nothing
               of
               what
               they
               did
               ;
               he
               swore
               us
               to
               the
               book
               ;
               after
               he
               had
               sworn
               us
               ,
               he
               asked
               us
               if
               we
               would
               undertake
               to
               do
               such
               an
               Act
               ,
               if
               we
               would
               ,
               we
               should
               have
               an
               hundred
               pounds
               down
               ,
               and
               preferment
               in
               the
               Army
               as
               long
               as
               that
               stood
               ,
               and
               the
               Parliament
               .
               Afterwards
               we
               refused
               every
               person
               ,
               we
               thought
               Captain
               Hulet
               did
               refuse
               :
               after
               all
               refused
               ,
               it
               seems
               ,
               he
               did
               undertake
               to
               do
               the
               deed
               .
               When
               the
               King
               was
               brought
               on
               the
               Scaffold
               ,
               we
               were
               in
               
                 Scotland
                 yard
              
               ,
               and
               they
               were
               upon
               the
               Guard
               in
               the
               Banqueting-Chamber
               :
               when
               they
               were
               there
               I
               laid
               down
               my
               Arms
               and
               got
               into
               the
               company
               ;
               Captain
               Webb
               kept
               the
               Guard
               ,
               with
               his
               Halbert
               in
               his
               hand
               ,
               by
               the
               Scaffold
               ,
               and
               I
               did
               bustle
               to
               come
               near
               to
               them
               ;
               then
               I
               returned
               back
               .
               Hulet
               (
               as
               far
               as
               I
               can
               guess
               )
               when
               the
               King
               came
               on
               the
               Scaffold
               for
               his
               
               execution
               ,
               and
               said
               ,
               Executioner
               is
               the
               block
               fast
               ?
               then
               he
               fell
               upon
               his
               knees
               .
            
          
           
             
               Coun.
               
            
             
               Who
               did
               ?
            
          
           
             
               Gittens
               ,
            
             
               Hulet
               ,
               to
               ask
               him
               forgiveness
               ,
               by
               his
               speech
               I
               thought
               it
               was
               he
               ;
               Captain
               Atkins
               ,
               who
               would
               not
               undertake
               to
               do
               this
               fact
               ,
               I
               told
               him
               ,
               I
               would
               not
               do
               it
               for
               all
               the
               City
               of
               London
               ,
               no
               nor
               I
               neither
               for
               all
               the
               World
               ,
               saith
               Atkins
               ;
               you
               shall
               see
               Hulet
               quickly
               come
               to
               preferment
               :
               and
               presently
               after
               he
               was
               made
               Captain
               Lieutenant
               .
            
          
           
             
               Councel
               .
            
             
               Was
               he
               with
               his
               Regiment
               that
               day
               ?
            
          
           
             
               Gittens
               .
            
             
               We
               could
               not
               see
               him
               with
               the
               Regiment
               all
               that
               day
               ,
               he
               was
               never
               absent
               at
               any
               time
               before
               .
            
          
           
             
               Councell
               .
            
             
               Did
               you
               know
               his
               voice
               ?
            
          
           
             
               Gittens
               .
            
             
               Yes
               Sir.
               
            
          
           
             
               Councell
               .
            
             
               Did
               you
               mark
               the
               proportion
               of
               his
               body
               ,
               or
               his
               habit
               ,
               what
               disguise
               he
               was
               in
               ?
            
          
           
             
               Gittens
               .
            
             
               He
               had
               a
               pair
               of
               freeze
               trunk
               breeches
               ,
               and
               a
               vizor
               ,
               with
               a
               gray
               beard
               ,
               and
               after
               that
               time
               Colonel
               Hewson
               called
               him
               Father
               Gray-beard
               ,
               and
               most
               of
               the
               Army
               besides
               ,
               ye
               cannot
               deny
               it
               .
            
          
           
             
               Hulet
               .
            
             
               I
               desire
               as
               to
               this
               witness
               ,
               he
               doth
               alledge
               that
               he
               and
               I
               were
               Serjeants
               in
               one
               company
               ,
               which
               I
               deny
               ,
               he
               was
               not
               in
               that
               company
               I
               was
               in
               ,
               I
               desire
               to
               know
               of
               him
               how
               he
               comes
               to
               know
               that
               I
               was
               there
               at
               that
               time
               .
            
          
           
             
               Gittens
               .
            
             
               By
               your
               voice
               .
            
          
           
             
               Hulet
               .
            
             
               I
               will
               swear
               that
               this
               man
               was
               with
               the
               Regiment
               ,
               under
               the
               Scaffold
               ,
               where
               were
               you
               at
               that
               time
               when
               the
               Act
               was
               done
               ?
            
          
           
             
               G.
               
            
             
               Where
               was
               I
               ,
               by
               Captain
               Web
               ?
            
          
           
             
               H.
               
            
             
               Where
               was
               he
               ?
            
          
           
             
               G.
               
            
             
               At
               the
               door
               of
               the
               Banquetting-house
               .
            
          
           
             
               H.
               
            
             
               Was
               you
               on
               the
               Scaffold
               or
               no
               Sir
               ?
            
          
           
             
               G.
               
            
             
               I
               was
               on
               the
               Scaffold
               end
               .
            
          
           
             
               H.
               
            
             
               My
               Lord
               I
               desire
               you
               to
               consider
               what
               this
               person
               saith
               ,
               he
               saith
               he
               was
               upon
               the
               Guard
               in
               Scotland
               yard
               ,
               and
               at
               the
               Scaffold
               with
               Captain
               Web.
               My
               Lord
               ,
               I
               desire
               again
               ,
               whereas
               he
               said
               I
               had
               a
               gray-beard
               ,
               let
               any
               man
               besides
               himself
               say
               ,
               that
               ever
               I
               was
               called
               by
               that
               name
               gray-beard
               throughout
               the
               Regiment
               .
            
          
           
             
             Stammers
             sworn
             .
          
           
             
               Council
               .
            
             
               What
               have
               you
               to
               say
               concerning
               the
               Prisoner
               at
               the
               Bar
               ?
            
          
           
             
               St.
               
            
             
               He
               was
               a
               Captain
               Lieutenant
               to
               Colonel
               Hewsons
               Troop
               ,
               when
               I
               had
               entred
               my self
               into
               that
               Troop
               ,
               I
               was
               a
               while
               in
               Dublin
               ,
               and
               I
               was
               commanded
               by
               the
               prisoner
               at
               the
               bar
               ,
               I
               and
               the
               rest
               ,
               to
               march
               to
               a
               place
               called
               Lutterells
               Town
               ,
               about
               5
               miles
               beyond
               Dublin
               ,
               the
               prisoner
               at
               the
               Bar
               came
               thither
               to
               us
               two
               dayes
               after
               ,
               then
               being
               in
               his
               chamber
               he
               sent
               for
               me
               up
               ,
               I
               went
               up
               and
               sate
               down
               ,
               he
               examined
               where
               I
               had
               served
               ,
               I
               told
               him
               I
               did
               sormerly
               belong
               to
               the
               Lord
               of
               Inchequin
               ;
               he
               asked
               me
               if
               I
               was
               ever
               in
               the
               Kings
               Army
               ,
               with
               that
               he
               walks
               about
               the
               room
               two
               or
               three
               turns
               ,
               saith
               he
               ,
               I
               was
               the
               man
               that
               beheaded
               King
               Charles
               ,
               and
               for
               doing
               of
               it
               ,
               I
               had
               an
               hundred
               pounds
               ,
               saying
               ,
               I
               was
               a
               Sergeant
               at
               that
               time
               .
            
          
           
             
               Hulet
               .
            
             
               I
               desire
               to
               ask
               him
               a
               question
               ,
               I
               confess
               (
               what
               is
               your
               name
               ?
               )
               —
            
          
           
             
               Councel
               ,
            
             
               Stammer
               his
               name
               is
               Stammers
               .
            
          
           
             
               H.
               
            
             
               Such
               a
               one
               was
               under
               my
               command
               .
               I
               think
               I
               have
               not
               seen
               you
               these
               eight
               Years
               ;
               I
               desire
               to
               know
               when
               these
               words
               were
               spoken
               and
               the
               place
               .
            
          
           
             
               St.
               
            
             
               I
               say
               in
               Lutterels
               town
               in
               your
               own
               chamber
               ,
               and
               that
               was
               nine
               or
               ten
               years
               ago
               .
            
          
           
             
               H.
               
            
             
               It
               is
               about
               eight
               years
               ago
               since
               I
               left
               that
               command
               ;
               who
               was
               by
               at
               that
               time
               ?
            
          
           
             
               St.
               
            
             
               No
               body
               .
            
          
           
             
               Hulet
               .
            
             
               'T
               is
               strange
               .
               How
               long
               had
               you
               been
               in
               the
               Troop
               before
               ?
            
          
           
             
               St.
               
            
             
               I
               was
               in
               Dublin
               about
               a
               fortnights
               time
               ,
               then
               you
               sent
               for
               me
               and
               I
               came
               to
               Lutterels
               Town
               ;
               the
               first
               time
               that
               I
               came
               to
               the
               Troop
               was
               at
               Dublin
               ,
               and
               then
               you
               came
               to
               me
               with
               two
               Orders
               from
               Hewson
               ,
               and
               then
               you
               did
               pretend
               you
               was
               brother
               to
               one
               Mr.
               Chambers
               ,
               and
               then
               we
               went
               and
               quartered
               in
               Lutterels
               Town
               .
            
          
           
             
               H.
               
            
             
               My
               Lord
               ,
               his
               examination
               in
               Ireland
               and
               this
               doth
               
               not
               agree
               ,
               you
               did
               deny
               this
               before
               Baldwin
               a
               Trooper
               ,
               I
               desire
               his
               examination
               may
               be
               read
               ;
               
                 (
                 which
                 was
                 accordingly
                 read
                 ,
                 and
                 agreed
                 with
                 the
                 testimony
                 now
                 given
                 )
              
               I
               desire
               he
               may
               mention
               what
               man
               that
               was
               that
               I
               sent
               for
               him
               .
            
          
           
             
               St.
               
            
             
               I
               cannot
               tell
               what
               man.
               
            
          
           
             
               H.
               
            
             
               My
               Lord
               ,
               I
               desire
               that
               servant
               may
               be
               either
               named
               or
               produced
               .
            
          
           
             
               St.
               
            
             
               I
               cannot
               remember
               the
               man
               ,
               it
               is
               seven
               years
               ago
               .
            
          
           
             
               H.
               
            
             
               Then
               again
               upon
               another
               accompt
               ,
               as
               he
               speaks
               before
               that
               I
               should
               examine
               him
               where
               he
               had
               been
               ,
               and
               that
               he
               should
               say
               at
               the
               Lord
               Inchequins
               .
            
          
           
             Captain
             Toogood
             sworn
             .
          
           
             
               Toogood
               ,
            
             
               I
               shall
               first
               give
               your
               Lordships
               and
               the
               Jury
               what
               I
               have
               heard
               others
               say
               concerning
               the
               prisoner
               at
               the
               bar
               ,
               and
               that
               is
               first
               Colonel
               Hewson
               :
               I
               was
               in
               the
               year
               1650.
               about
               September
               ,
               in
               Dublin
               Castle
               ,
               about
               some
               business
               with
               Hewson
               ,
               Captain
               Hulet
               the
               prisoner
               at
               the
               bar
               ,
               came
               into
               the
               room
               ,
               he
               talked
               with
               Colonel
               Hewson
               a
               little
               while
               ,
               I
               observed
               them
               very
               familiar
               ,
               and
               I
               asked
               Hewson
               what
               he
               was
               he
               told
               me
               he
               was
               his
               Captain
               Lieutenant
               of
               Horse
               ,
               I
               desire
               to
               know
               where
               he
               had
               him
               ,
               he
               told
               me
               he
               made
               him
               so
               from
               a
               Serjeant
               ,
               and
               a
               very
               mettled
               fellow
               he
               was
               ,
               it
               was
               ,
               he
               that
               did
               the
               Kings
               business
               for
               him
               upon
               the
               Scaffold
               .
               In
               the
               year
               1653.
               there
               was
               a
               disbanding
               of
               the
               Army
               in
               Ireland
               ,
               this
               Gentleman
               was
               then
               continued
               Captain
               Lieutenant
               in
               Pretties
               Regiment
               ,
               I
               discoursed
               with
               Pretty
               concerning
               him
               ,
               and
               one
               part
               of
               it
               I
               remember
               ,
               was
               about
               the
               Kings
               death
               ,
               and
               he
               did
               tell
               me
               that
               he
               was
               assured
               by
               Colonel
               Hewson
               ,
               that
               Hulet
               either
               cut
               off
               the
               Kings
               head
               or
               held
               it
               up
               ,
               and
               said
               ,
               
                 behold
                 the
                 head
                 of
                 a
                 Traytor
                 :
              
               Colonel
               Pretty
               would
               not
               tell
               me
               which
               of
               the
               two
               it
               was
               ,
               but
               I
               saw
               the
               person
               that
               did
               it
               ,
               and
               me
               thought
               he
               did
               resemble
               this
               person
               .
               About
               12.
               moneths
               after
               I
               came
               to
               live
               near
               the
               prisoner
               in
               Ireland
               ,
               once
               I
               remember
               at
               one
               Mr.
               Smiths
               at
               the
               White-horse
               in
               Carlow
               ,
               I
               met
               him
               there
               ,
               and
               I
               was
               asking
               the
               prisoner
               at
               the
               bar
               the
               question
               ,
               whether
               he
               was
               
               the
               man
               that
               cut
               off
               the
               Kings
               head
               or
               not
               ,
               saith
               he
               ,
               why
               do
               you
               ask
               me
               this
               question
               ?
               I
               told
               him
               I
               had
               heard
               by
               several
               ,
               namely
               by
               Hewson
               and
               Pretty
               ,
               upon
               that
               he
               said
               ,
               well
               ,
               
                 what
                 I
                 did
                 I
                 will
                 not
                 be
                 ashamed
                 of
                 ;
                 if
                 it
                 were
                 to
                 do
                 again
                 I
                 would
                 do
                 it
              
               ;
               once
               since
               that
               time
               ,
               about
               half
               a
               year
               afterwards
               ,
               I
               was
               in
               the
               same
               place
               ,
               and
               there
               talking
               with
               him
               about
               the
               Kings
               death
               ,
               he
               was
               telling
               me
               it
               was
               true
               ,
               he
               was
               one
               of
               the
               two
               persons
               that
               was
               disguised
               upon
               the
               Scaffold
               .
               I
               desired
               to
               know
               ,
               what
               if
               the
               King
               had
               refused
               to
               submit
               to
               the
               block
               ?
               saith
               he
               ,
               there
               were
               staples
               placed
               about
               the
               Scaffold
               ,
               and
               I
               had
               that
               about
               me
               that
               would
               have
               compelled
               him
               ,
               or
               words
               to
               that
               effect
               ;
               other
               times
               I
               have
               heard
               him
               speak
               something
               to
               this
               .
               November
               ,
               the
               last
               in
               the
               the
               Queens
               County
               at
               Maryborough
               ,
               Col.
               Jones
               took
               upon
               him
               to
               be
               Governour
               ,
               and
               to
               choose
               two
               out
               of
               a
               Regiment
               that
               might
               be
               the
               Rulers
               of
               the
               people
               ,
               Legislators
               ,
               I
               think
               they
               call'd
               them
               ,
               I
               did
               discourse
               about
               the
               business
               again
               ,
               and
               did
               oppose
               it
               all
               :
               after
               a
               while
               he
               began
               to
               be
               very
               hot
               in
               the
               business
               about
               Lambert
               :
               said
               I
               ,
               you
               were
               heretofore
               too
               forward
               ;
               sayes
               he
               ,
               if
               it
               be
               the
               business
               of
               the
               Kings
               head
               ,
               I
               will
               never
               deny
               it
               ,
               call
               me
               to
               an
               account
               when
               you
               will
               :
               I
               have
               observed
               in
               Ireland
               ,
               that
               it
               hath
               been
               generally
               reported
               ,
               that
               he
               was
               either
               the
               man
               that
               cut
               off
               the
               Kings
               Head
               ,
               or
               that
               held
               it
               up
               ,
               as
               I
               said
               before
               ,
               and
               I
               have
               heard
               them
               sometimes
               call
               him
               
                 Grandsire
                 Grey-beard
              
               .
            
          
           
             
               Hulet
               .
            
             
               My
               Lord
               ,
               I
               do
               confess
               I
               know
               the
               Gentleman
               very
               well
               ,
               we
               were
               in
               a
               Regiment
               together
               ,
               I
               never
               discoursed
               with
               any
               concerning
               this
               ,
               but
               only
               once
               at
               a
               place
               going
               from
               Cullen
               to
               Munster
               ,
               we
               did
               drink
               at
               a
               place
               called
               Goran
               ;
               we
               were
               discoursing
               about
               the
               business
               of
               the
               King
               ,
               the
               justification
               of
               the
               cutting
               off
               his
               head
               ;
               saith
               Stammers
               ,
               I
               did
               hear
               that
               you
               were
               one
               of
               the
               persons
               for
               that
               purpose
               ;
               said
               I
               ,
               they
               that
               say
               so
               do
               me
               wrong
               :
               saith
               he
               ,
               it
               is
               no
               matter
               if
               you
               were
               so
               ;
               for
               it
               was
               a
               just
               act
               :
               said
               I
               ,
               whether
               it
               was
               or
               no
               ,
               I
               have
               nothing
               to
               do
               to
               justifie
               it
               ,
               he
               was
               speaking
               as
               I
               hope
               to
               be
               saved
               I
               would
               have
               done
               it
               .
            
          
           
             
             Walter
             Davis
             Sworn
             .
          
           
             
               Councel
               .
            
             
               What
               can
               you
               say
               ,
               Mr.
               Davies
               ,
               to
               this
               business
               ?
            
          
           
             
               Davies
               .
            
             
               Gentlemen
               ,
               that
               which
               I
               can
               say
               is
               this
               :
               in
               January
               last
               was
               two
               years
               ,
               I
               was
               at
               Dublin
               ,
               I
               met
               Captain
               Hulet
               ,
               he
               invited
               me
               to
               take
               share
               of
               a
               pint
               of
               Wine
               ;
               I
               went
               with
               him
               to
               a
               Tavern
               ;
               when
               we
               were
               in
               the
               Tavern
               he
               called
               for
               a
               pint
               of
               wine
               ,
               and
               I
               called
               for
               another
               ;
               before
               we
               had
               drank
               out
               the
               last
               pint
               of
               wine
               ,
               said
               I
               to
               Captain
               Hulet
               ,
               I
               pray
               resolve
               me
               this
               one
               question
               ,
               it
               is
               reported
               that
               you
               took
               up
               the
               Kings
               head
               ,
               and
               said
               ,
               behold
               the
               head
               of
               a
               Traytor
               ;
               Sir
               ,
               said
               he
               ,
               it
               was
               a
               question
               I
               never
               resolved
               any
               man
               ,
               though
               often
               demanded
               ,
               yet
               saith
               he
               ,
               whosoever
               said
               it
               then
               it
               matters
               not
               ,
               I
               say
               it
               now
               ,
               it
               was
               the
               head
               of
               a
               Traytour
               .
            
          
           
             
               H.
               
            
             
               I
               confess
               we
               did
               meet
               together
               ,
               as
               you
               say
               ,
               but
               I
               must
               and
               do
               deny
               the
               words
               .
            
          
           
             Lieutenant
             Collonel
             Nelson
             sworn
             .
          
           
             
               Nelson
               ,
            
             
               My
               Lords
               and
               Gentlemen
               of
               the
               Jury
               ,
               upon
               a
               discourse
               with
               Col.
               Axtel
               as
               I
               related
               once
               this
               day
               ,
               about
               six
               years
               since
               ,
               in
               many
               other
               discourses
               we
               fell
               to
               discourse
               about
               the
               death
               of
               the
               late
               King
               ,
               I
               supposing
               he
               had
               been
               acquainted
               with
               that
               affair
               ,
               I
               desired
               him
               to
               tell
               me
               those
               two
               persons
               disguised
               upon
               the
               Scaffold
               ;
               he
               told
               me
               I
               knew
               the
               persons
               as
               well
               as
               himself
               ,
               saith
               he
               ,
               they
               have
               been
               upon
               service
               with
               you
               many
               a
               time
               :
               pray
               Sir
               ,
               said
               I
               ,
               let
               me
               know
               their
               names
               ;
               truly
               said
               he
               ,
               we
               would
               not
               imploy
               persons
               of
               low
               spirits
               that
               we
               did
               not
               know
               ,
               and
               therefore
               we
               pitcht
               upon
               two
               stout
               fellows
               ;
               who
               were
               those
               said
               I
               ?
               It
               was
               Walker
               and
               Hulet
               ,
               they
               were
               both
               Serjeants
               in
               Kent
               when
               you
               were
               there
               ,
               and
               stout
               men
               :
               Who
               gave
               the
               blow
               said
               ?
               saith
               he
               ,
               poor
               Walker
               ,
               and
               Hulet
               took
               up
               the
               head
               ;
               pray
               said
               I
               ,
               what
               reward
               had
               they
               ?
               I
               am
               not
               certain
               whether
               they
               had
               thirty
               pounds
               apiece
               ,
               or
               thirty
               pounds
               between
               them
               .
            
          
           
             
               Hulet
               ,
            
             
               Pray
               let
               Mr.
               Axtel
               speak
               to
               this
               ,
               he
               is
               hard
               by
               .
            
          
           
             Colonel
             Tomlinson
             sworn
             .
          
           
             
               Counsel
               ,
            
             
               Pray
               tell
               my
               Lords
               your
               knowledg
               in
               this
               business
               .
            
          
           
             
             
               Tomlinson
               ,
            
             
               My
               Lords
               and
               Gentlemen
               of
               this
               Jury
               ,
               I
               cannot
               punctually
               remember
               what
               their
               habits
               were
               ,
               but
               they
               had
               close
               garments
               to
               thier
               bodies
               ,
               they
               had
               hair
               on
               their
               faces
               ,
               one
               was
               gray
               to
               the
               best
               of
               my
               remembrance
               ,
               the
               other
               was
               flaxen
               colour
               .
            
          
           
             
               Councel
               ,
            
             
               Can
               you
               tell
               who
               struck
               the
               blow
               ?
            
          
           
             
               Tom.
               
            
             
               My
               Lord
               ,
               I
               cannot
               remember
               ,
               but
               I
               think
               he
               with
               the
               gray
               hair
               on
               his
               face
               did
               it
               .
            
          
           
             
               Nelson
               ,
            
             
               My
               Lord
               ,
               I
               will
               not
               positively
               say
               it
               ,
               but
               it
               came
               lately
               to
               my
               mind
               that
               I
               did
               hear
               in
               Ireland
               by
               Col.
               Pretty
               that
               Hulet
               did
               it
               ;
               my
               Lord
               ,
               this
               Col.
               Pretty
               is
               alive
               in
               Ireland
               .
            
          
           
             Ben.
             Francis
             sworn
             .
          
           
             
               Francis
               ,
            
             
               My
               Lords
               and
               Gentlemen
               of
               the
               Jury
               ,
               as
               to
               the
               Prisoner
               at
               the
               bar
               ,
               he
               was
               very
               active
               in
               that
               horrid
               act
               ,
               there
               was
               two
               of
               them
               had
               both
               clothes
               alike
               ,
               their
               frocks
               were
               close
               to
               their
               bodies
               (
               as
               I
               remember
               )
               they
               were
               rather
               in
               Butchers
               habits
               of
               woollen
               ,
               one
               had
               a
               black
               hat
               on
               his
               head
               cockt
               up
               ,
               and
               a
               black
               beard
               ,
               and
               the
               other
               had
               a
               grey
               grisled
               periwig
               hung
               down
               very
               low
               ,
               I
               affirm
               ,
               that
               he
               that
               cut
               off
               the
               Kings
               head
               was
               he
               in
               the
               gray
               periwig
               ,
               and
               I
               beleeve
               this
               was
               about
               that
               mans
               stature
               
                 (
                 pointing
                 to
                 Mr.
              
               Hulet
               )
               and
               his
               beard
               was
               of
               the
               same
               colour
               ,
               if
               he
               had
               any
               .
               I
               was
               coming
               from
               Westminster
               ,
               the
               Scaffold
               was
               encompassed
               within
               ,
               with
               a
               great
               Guard
               of
               Souldiers
               of
               Redcoats
               ,
               I
               think
               commanded
               by
               Biscoe
               .
            
          
           
             
               Hulet
               ,
            
             
               Was
               you
               upon
               the
               Scaffold
               ?
            
          
           
             
               Francis
               ,
            
             
               No
               Sir
               ,
               there
               was
               none
               of
               my
               constitution
               upon
               the
               Scaffold
               .
            
          
           
             
               Councel
               ,
            
             
               Fuller
               evidence
               I
               think
               cannot
               be
               expected
               ,
               you
               have
               heard
               all
               the
               Witnesses
               ,
               what
               can
               you
               say
               for
               your self
               ?
            
          
           
             
               Hulet
               ,
            
             
               My
               Lord
               ,
               here
               is
               several
               witnesses
               examined
               concerning
               the
               business
               ,
               and
               for
               my
               part
               I
               do
               not
               understand
               the
               Law
               :
               I
               must
               leave
               it
               to
               the
               Court.
               I
               can
               upon
               the
               other
               account
               prove
               where
               I
               was
               at
               that
               very
               time
               ,
               I
               can
               in
               the
               next
               place
               my
               Lord
               ,
               since
               I
               came
               into
               London
               ,
               for
               I
               did
               not
               hear
               it
               
               before
               ,
               I
               can
               tell
               you
               ,
               who
               was
               the
               person
               that
               did
               that
               act
               ,
               I
               can
               bring
               forty
               and
               forty
               witnesses
               that
               will
               prove
               who
               they
               were
               that
               did
               it
               ,
               as
               I
               have
               been
               informed
               by
               several
               Witnesses
               ,
               that
               they
               know
               who
               was
               the
               person
               that
               did
               it
               :
               upon
               the
               other
               accompt
               I
               can
               prove
               where
               I
               was
               that
               day
               ,
               but
               I
               did
               not
               know
               when
               I
               was
               arraigned
               ,
               what
               was
               laid
               to
               my
               charge
               :
               Here
               was
               some
               examinations
               taken
               before
               my
               Lord
               Mayor
               concerning
               the
               person
               or
               persons
               that
               did
               that
               act
               :
               
                 (
                 here
                 he
                 offered
                 a
                 paper
                 ,
                 a
                 copy
                 of
                 the
                 said
                 examinations
                 ,
                 subscribed
                 
                   Mary
                   Brandon
                
                 and
                 divers
                 others
                 .
                 )
              
            
          
           
             
               Mr.
               Secretary
               .
               Morrice
               .
            
             
               Was
               you
               not
               examined
               in
               the
               Tower
               ?
            
          
           
             
               Hulet
               ,
            
             
               Yes
               Sir.
               
            
          
           
             
               Mr.
               Secr.
               
            
             
               Morice
               ,
               Did
               not
               we
               tell
               you
               ,
               that
               you
               were
               charged
               with
               cutting
               off
               the
               head
               of
               the
               King
               ?
            
          
           
             
               Hulet
               ,
            
             
               Yes
               Sir
               ,
               you
               did
               tell
               me
               so
               .
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               Then
               you
               had
               time
               to
               provide
               your
               witnesses
               .
            
          
           
             
               H.
               
            
             
               I
               was
               a
               close
               prisoner
               .
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               Where
               were
               you
               on
               the
               day
               of
               execution
               ?
            
          
           
             
               H.
               
            
             
               I
               was
               a
               prisoner
               then
               at
               Whitehall
               .
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               For
               what
               ?
            
          
           
             
               H.
               
            
             
               Upon
               this
               accompt
               we
               were
               taken
               up
               ,
               about
               seven
               or
               nine
               of
               us
               were
               taken
               up
               ,
               we
               were
               all
               Serjeants
               ,
               three
               of
               Col.
               Hackers
               ,
               the
               rest
               of
               Prides
               and
               Fairfaxes
               ,
               and
               about
               ten
               of
               clock
               at
               night
               were
               discharged
               .
            
          
           
             
               L.
               Ch.
               
            
             
               Baron
               ,
               For
               what
               were
               you
               imprisoned
               ?
            
          
           
             
               H.
               
            
             
               For
               refusing
               to
               be
               upon
               the
               Scaffold
               .
            
          
           
             
               Burden
               ,
            
             
               It
               was
               a
               common
               speech
               among
               the
               Souldiers
               that
               Hulet
               cut
               off
               the
               Kings
               head
               .
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               How
               long
               before
               did
               you
               see
               Hulet
               upon
               the
               guard
               ?
            
          
           
             
               Burden
               ,
            
             
               The
               day
               before
               ,
               but
               not
               that
               day
               ,
               nor
               the
               day
               after
               .
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               
                 William
                 Hulet
              
               ,
               the
               evidence
               against
               you
               is
               twofold
               ,
               one
               concerning
               the
               cutting
               off
               the
               Kings
               head
               ,
               the
               other
               that
               you
               were
               in
               a
               frock
               .
               If
               it
               be
               proved
               that
               you
               did
               not
               cut
               off
               the
               Kings
               head
               ,
               yet
               if
               you
               were
               in
               a
               frock
               in
               that
               place
               it
               will
               not
               excuse
               you
               ,
               if
               you
               have
               any
               thing
               to
               say
               I
               will
               be
               glad
               to
               hear
               it
               .
            
          
           
             
             
               Hulet
               ,
            
             
               I
               desire
               the
               persons
               may
               be
               examined
               upon
               oath
               ,
               prisoners
               and
               others
               ,
               who
               was
               the
               person
               that
               did
               it
               ,
               I
               mean
               
                 Hacker
                 ,
                 Huncks
              
               ,
               and
               Phayer
               .
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               You
               that
               are
               the
               prisoner
               ,
               for
               that
               which
               concerns
               Hacker
               and
               Phayer
               ,
               you
               know
               what
               conditions
               they
               are
               in
               ,
               one
               already
               tryed
               for
               his
               life
               ,
               the
               other
               a
               prisoner
               in
               the
               Tower
               ;
               and
               Hacker
               saith
               himself
               ,
               he
               doth
               not
               know
               the
               person
               at
               all
               ;
               you
               that
               are
               prisoner
               at
               the
               bar
               ,
               the
               Court
               conceives
               you
               have
               had
               time
               to
               get
               your
               witnesses
               here
               ,
               you
               were
               informed
               of
               the
               business
               before
               you
               came
               here
               ,
               yet
               notwithstanding
               ,
               it
               is
               conceived
               there
               are
               some
               here
               that
               can
               say
               something
               tending
               to
               the
               information
               of
               the
               Jury
               ,
               but
               they
               are
               not
               to
               be
               admitted
               upon
               Oath
               against
               the
               King.
               
            
          
           
             Sheriffs
             Officer
             examined
             .
          
           
             
               Sheriffs
               Officer
               ,
            
             
               My
               Lord
               ,
               all
               that
               I
               can
               say
               in
               this
               business
               is
               this
               ,
               one
               of
               our
               fellows
               that
               belongs
               to
               our
               Master
               the
               Sheriff
               ,
               
                 John
                 Rooten
              
               by
               name
               ,
               he
               and
               I
               were
               talking
               about
               this
               very
               story
               ,
               and
               he
               did
               acquaint
               me
               with
               this
               .
               That
               he
               was
               in
               Rosemary-Lane
               a
               little
               after
               the
               Execution
               of
               the
               King
               ,
               drinking
               with
               the
               Hangman
               ,
               that
               he
               did
               urge
               him
               whether
               he
               did
               this
               fact
               .
               God
               forgive
               me
               saith
               the
               Hangman
               ,
               I
               did
               it
               ,
               and
               I
               had
               forty
               half
               Crowns
               for
               my
               pains
               .
            
          
           
             Abraham
             Smith
             examined
             .
          
           
             
               Smith
               ,
            
             
               My
               Lord
               ,
               assoon
               as
               that
               fatal
               blow
               was
               given
               ,
               I
               was
               walking
               about
               White-hall
               ,
               down
               came
               a
               file
               of
               Musketeers
               ,
               the
               first
               word
               they
               said
               was
               this
               ,
               where
               be
               the
               Bargemen
               .
               Answer
               was
               made
               ,
               here
               are
               none
               ,
               away
               they
               directed
               the
               Hangman
               into
               my
               Boat
               ,
               going
               into
               the
               Boat
               he
               gave
               one
               of
               the
               Souldiers
               a
               half
               Crown
               ,
               saith
               the
               Souldiers
               ,
               Waterman
               away
               with
               him
               ,
               be
               gone
               quickly
               ;
               but
               I
               fearing
               this
               Hangman
               had
               cut
               off
               the
               Kings
               Head
               ,
               I
               trembled
               that
               he
               should
               come
               into
               my
               Boat
               ,
               but
               dared
               not
               
               to
               examine
               him
               on
               shore
               for
               fear
               of
               the
               Souldiers
               ,
               so
               out
               I
               lanched
               ,
               and
               having
               got
               a
               little
               way
               in
               the
               water
               ,
               said
               I
               ,
               who
               the
               Devil
               have
               I
               got
               in
               my
               Boat
               ?
               says
               my
               fellow
               ,
               sayes
               he
               why
               ?
               I
               directed
               my
               speech
               to
               him
               saying
               ,
               are
               you
               the
               Hangman
               that
               cut
               off
               the
               Kings
               Head
               ?
               No
               as
               I
               am
               a
               sinner
               to
               God
               saith
               he
               ,
               not
               I
               ,
               he
               shook
               every
               joynt
               of
               him
               ,
               I
               knew
               not
               what
               to
               do
               ;
               I
               rowed
               away
               a
               little
               further
               and
               fell
               to
               a
               new
               examination
               of
               him
               ,
               when
               I
               had
               got
               him
               a
               little
               further
               :
               tell
               me
               true
               said
               I
               ,
               are
               you
               the
               Hangman
               that
               hath
               cut
               off
               the
               Kings
               Head
               ?
               I
               cannot
               carry
               you
               said
               I
               ,
               no
               saith
               he
               ,
               I
               was
               fetcht
               with
               a
               troop
               of
               Horse
               ,
               and
               I
               was
               kept
               a
               close
               prisoner
               at
               White-Hall
               ,
               and
               truly
               I
               did
               not
               do
               it
               ,
               I
               was
               kept
               a
               close
               prisoner
               all
               the
               while
               ,
               but
               they
               had
               my
               instruments
               .
               I
               said
               I
               would
               sink
               the
               boat
               if
               he
               would
               not
               tell
               me
               true
               ,
               but
               he
               denyed
               it
               with
               several
               protestations
               .
            
          
           
             William
             Cox
             examined
             .
          
           
             
               Cox.
               
            
             
               When
               my
               Lord
               Capell
               ,
               Duke
               Hamilton
               ,
               and
               the
               Earl
               of
               Holland
               were
               beheaded
               in
               the
               Palace
               yard
               in
               Westminster
               ,
               My
               Lord
               Capell
               asked
               the
               Common
               Hangman
               ,
               said
               he
               did
               you
               cut
               off
               my
               masters
               head
               ?
               yes
               saith
               he
               ,
               where
               is
               the
               instrument
               that
               did
               it
               ?
               He
               then
               brought
               the
               Ax
               :
               is
               this
               the
               same
               ax
               are
               you
               sure
               ,
               said
               my
               Lord
               ?
               Yes
               my
               Lord
               saith
               the
               Hangman
               ,
               I
               am
               very
               sure
               it
               is
               the
               same
               :
               my
               Lord
               Capell
               took
               the
               Ax
               and
               kissed
               it
               ,
               and
               gave
               him
               five
               pieces
               of
               Gold
               ,
               I
               heard
               him
               say
               ,
               sirrah
               ,
               wert
               thou
               not
               affraid
               ?
               saith
               the
               Hangman
               ,
               they
               made
               me
               cut
               it
               off
               ,
               and
               I
               had
               thirty
               pound
               for
               my
               pains
               .
            
          
           
             Richard
             Abell
             examined
             .
          
           
             
               Abell
               ,
            
             
               My
               Lord
               ,
               in
               the
               house
               of
               one
               Mr.
               Bramston
               I
               did
               hear
               Gregory
               himself
               confess
               that
               he
               cut
               off
               the
               Kings
               head
               .
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               You
               that
               are
               the
               prisoner
               at
               the
               bar
               ,
               the
               Court
               is
               willing
               to
               give
               all
               full
               scope
               as
               far
               as
               may
               be
               to
               examine
               the
               truth
               of
               the
               fact
               ;
               as
               they
               would
               not
               condemn
               the
               innocent
               ,
               
               so
               they
               would
               not
               acquit
               the
               guilty
               :
               do
               you
               desire
               further
               time
               to
               examine
               the
               truth
               of
               it
               ,
               before
               it
               be
               put
               upon
               the
               Jury
               .
            
          
           
             
               H.
               
            
             
               I
               do
               confess
               I
               do
               not
               understand
               the
               Laws
               ,
               I
               desire
               I
               may
               have
               a
               little
               further
               time
               :
               I
               desire
               the
               Jury
               may
               be
               withdrawn
               ,
               I
               desire
               a
               fortnights
               time
               ,
               but
               submit
               to
               the
               Court.
               
            
          
           
             A
             Stranger
             Examined
             .
          
           
             
               Stranger
               ,
            
             
               My
               Lord
               ,
               I
               was
               with
               my
               Master
               ,
               in
               the
               company
               of
               Brandon
               the
               Hangman
               ,
               and
               My
               Master
               asked
               Brandon
               ,
               whether
               he
               cut
               off
               the
               Kings
               head
               or
               no
               ?
               He
               confessed
               in
               my
               presence
               that
               he
               was
               the
               man
               that
               did
               cut
               off
               the
               Kings
               head
               .
            
          
           
             
               Lord
               Chief
               Baron
               ,
            
             
               You
               that
               are
               the
               Prisoner
               at
               the
               Bar
               ,
               the
               Court
               was
               willing
               to
               give
               you
               as
               much
               time
               as
               they
               could
               by
               Law
               :
               The
               Jury
               hath
               been
               charged
               ,
               and
               evidence
               given
               ,
               all
               those
               Witnesses
               have
               been
               examined
               that
               we
               could
               hear
               of
               now
               ,
               for
               your
               advantage
               ,
               I
               will
               say
               something
               to
               you
               ,
               It
               was
               here
               said
               ,
               and
               given
               in
               Evidence
               ,
               that
               Axtell
               did
               send
               a
               Boat
               to
               fetch
               the
               common
               Hangman
               ,
               if
               we
               knew
               more
               that
               might
               tend
               to
               your
               advantage
               it
               should
               be
               repeated
               .
               You
               Gentlemen
               of
               the
               Jury
               ,
               mark
               it
               ?
               There
               is
               first
               Gittens
               ,
               he
               swears
               that
               he
               was
               in
               the
               same
               Regiment
               that
               you
               were
               in
               ,
               twelve
               or
               thirteen
               years
               together
               ,
               he
               saith
               that
               he
               and
               others
               were
               called
               together
               upon
               their
               Oaths
               ,
               and
               you
               amongst
               the
               rest
               ,
               and
               there
               was
               an
               Oath
               of
               secrecy
               ,
               asking
               them
               if
               they
               would
               do
               such
               an
               Act
               ,
               they
               all
               refused
               to
               do
               it
               ,
               so
               did
               you
               :
               but
               he
               said
               ,
               the
               day
               of
               Execution
               of
               the
               King
               this
               Gittens
               got
               among
               them
               ,
               and
               one
               Captain
               Web
               kept
               the
               door
               ,
               and
               he
               saw
               you
               fall
               before
               the
               King
               ,
               and
               ask
               the
               King
               forgiveness
               ,
               he
               said
               he
               heard
               your
               voice
               ,
               and
               so
               knew
               you
               :
               and
               that
               the
               day
               after
               Captain
               Atkins
               said
               ,
               you
               shall
               see
               Hulet
               shortly
               come
               to
               preferment
               ,
               and
               he
               saith
               he
               did
               not
               see
               you
               in
               the
               Regiment
               that
               day
               ,
               and
               that
               Hewson
               and
               all
               the
               Regiment
               used
               to
               call
               you
               
                 Father
                 Gray-beard
                 .
                 Stammers
              
               he
               saith
               ,
               that
               you
               was
               Capt.
               Lieutenant
               to
               Col.
               Hewsons
               Troop
               ,
               and
               you
               coming
               to
               Lutterels
               town
               ,
               you
               asked
               him
               
               several
               particulars
               ,
               whether
               he
               had
               been
               in
               the
               Kings
               Army
               ,
               walking
               up
               and
               down
               you
               said
               ,
               you
               were
               the
               man
               beheaded
               King
               Charles
               ,
               and
               for
               that
               you
               had
               one
               hundred
               pounds
               ;
               this
               he
               swears
               positively
               .
               
                 Samson
                 Toogood
              
               he
               swears
               ,
               he
               saw
               you
               come
               to
               Col.
               Hewsons
               in
               1650.
               you
               talked
               to
               him
               very
               familiarly
               ;
               when
               you
               were
               gone
               he
               asked
               who
               you
               were
               ,
               he
               told
               him
               you
               were
               a
               Captain
               Lieutenant
               of
               Horse
               ,
               and
               he
               said
               ,
               that
               you
               were
               a
               very
               mettled
               fellow
               ,
               and
               did
               the
               Kings
               business
               upon
               the
               Scaffold
               :
               that
               afterwards
               ,
               Col.
               Hewsons
               Regiment
               being
               discharged
               ,
               you
               came
               to
               be
               of
               
               Pretty's
               Regiment
               ,
               and
               that
               he
               told
               this
               Gentleman
               ,
               that
               he
               was
               assured
               by
               Colonel
               Hewson
               ,
               that
               it
               was
               you
               ,
               that
               either
               cut
               off
               the
               Kings
               head
               ,
               or
               took
               it
               up
               and
               said
               ,
               
                 Behold
                 the
                 head
                 of
                 a
                 Traytor
                 .
              
               He
               saith
               afterwards
               ,
               that
               in
               1654.
               in
               Carloe
               ,
               he
               asked
               you
               the
               same
               question
               ,
               and
               you
               demanded
               of
               him
               who
               told
               him
               ?
               He
               answered
               he
               was
               told
               by
               several
               persons
               ,
               namely
               Hewson
               and
               Pretty
               .
               You
               said
               ,
               what
               I
               did
               I
               will
               not
               be
               ashamed
               of
               ,
               and
               if
               it
               were
               to
               do
               ,
               I
               would
               do
               it
               again
               .
               He
               says
               again
               at
               another
               time
               ,
               that
               you
               were
               one
               of
               the
               two
               persons
               who
               were
               then
               upon
               the
               Scaffold
               ,
               and
               that
               there
               were
               staples
               to
               enforce
               the
               King
               to
               submit
               ,
               if
               he
               strugled
               .
               
                 I
                 had
                 that
                 about
                 me
                 which
                 would
                 have
                 done
                 the
                 business
                 .
              
               And
               he
               says
               ,
               in
               November
               last
               you
               came
               to
               a
               meeting
               upon
               a
               summons
               of
               Colonel
               Jones
               ,
               and
               then
               did
               avouch
               Lamberts
               quarrel
               ,
               he
               said
               you
               were
               too
               forward
               heretofore
               :
               you
               said
               ,
               if
               it
               be
               the
               business
               of
               the
               Kings
               head
               ,
               I
               will
               never
               deny
               it
               ,
               call
               me
               to
               an
               account
               when
               you
               wil.
               He
               heard
               many
               call
               you
               
                 Grandsire
                 Gray-beard
              
               .
               Then
               there
               is
               another
               Witness
               ,
               I
               think
               his
               name
               is
               Davies
               ,
               he
               was
               in
               discourse
               with
               you
               ,
               drinking
               two
               pints
               of
               Wine
               ;
               It
               is
               reported
               (
               says
               he
               )
               you
               took
               up
               the
               Kings
               head
               ,
               and
               said
               ,
               
                 Behold
                 the
                 head
                 of
                 a
                 Traytor
                 :
              
               and
               he
               desired
               you
               to
               resolve
               him
               whether
               it
               was
               so
               or
               no
               :
               you
               said
               again
               ,
               it
               had
               been
               demanded
               often
               :
               but
               you
               never
               resolved
               any
               man
               :
               you
               said
               ,
               whosoever
               said
               it
               then
               ,
               I
               say
               now
               ,
               
                 It
                 was
                 the
                 head
                 of
                 a
                 Traytor
                 .
                 Nelson
              
               he
               swears
               ,
               that
               about
               six
               years
               since
               he
               was
               in
               discourse
               with
               Axtell
               about
               it
               ,
               and
               Axtell
               told
               him
               they
               were
               a
               couple
               of
               stout
               men
               to
               your
               knowledg
               (
               speaking
               to
               Nelson
               )
               I
               was
               one
               to
               do
               in
               
               that
               affair
               :
               we
               made
               choice
               of
               two
               ,
               Walker
               ,
               and
               Hulet
               ,
               who
               gave
               the
               Blow
               ?
               Walker
               ,
               but
               Hulet
               took
               up
               the
               head
               .
               Colonel
               Tomlinson
               he
               says
               ,
               that
               there
               were
               two
               on
               the
               Scaffold
               ,
               one
               that
               had
               a
               gray-beard
               ,
               and
               the
               other
               somewhat
               flaxen
               .
               Nelson
               also
               heard
               by
               Colonel
               Pretty
               that
               you
               did
               it
               :
               and
               then
               
                 Ben.
                 Francis
              
               he
               says
               ,
               they
               had
               both
               Frocks
               alike
               ,
               one
               a
               black
               beard
               ,
               one
               a
               gray
               grisled
               periwig
               ,
               and
               believes
               he
               was
               about
               your
               stature
               .
               This
               is
               the
               substance
               of
               what
               the
               witnesses
               have
               said
               against
               you
               ;
               Gentlemen
               you
               hear
               what
               has
               been
               proved
               on
               behalf
               of
               the
               Prisoner
               ,
               that
               is
               ,
               if
               you
               believe
               the
               Witnesses
               that
               are
               not
               upon
               Oath
               ,
               that
               Brandon
               confessed
               it
               ,
               and
               denyed
               he
               did
               it
               ,
               several
               Witnesses
               that
               say
               Brandon
               confessed
               he
               did
               it
               ,
               and
               that
               he
               told
               them
               of
               a
               sum
               of
               Money
               that
               was
               given
               him
               .
               Gentlemen
               of
               the
               Jury
               ,
               you
               see
               the
               whole
               point
               in
               this
               case
               ,
               the
               Indictment
               is
               for
               Compassing
               and
               Imagining
               the
               death
               of
               his
               late
               Majesty
               ;
               the
               Evidence
               goes
               two
               ways
               ,
               part
               of
               the
               Witnesses
               one
               way
               ,
               part
               another
               way
               ,
               if
               you
               believe
               either
               of
               them
               ,
               then
               you
               ought
               to
               find
               that
               the
               defendent
               is
               guilty
               :
               if
               either
               he
               was
               in
               the
               Frock
               ,
               though
               he
               was
               not
               the
               man
               that
               did
               it
               ,
               or
               if
               you
               find
               he
               did
               it
               ,
               it
               is
               a
               clear
               testimony
               of
               his
               Imagining
               and
               Compassing
               the
               death
               of
               the
               King.
               Now
               it
               rests
               upon
               you
               to
               consider
               the
               Evidence
               that
               is
               given
               for
               the
               Common
               Hangman
               ,
               that
               he
               should
               be
               the
               man
               that
               did
               it
               :
               that
               the
               Prisoner
               at
               the
               Bar
               did
               not
               cut
               off
               the
               head
               ;
               on
               the
               other
               side
               ,
               if
               you
               do
               believe
               he
               was
               one
               of
               the
               two
               in
               the
               Frocks
               ,
               upon
               the
               relations
               of
               these
               persons
               ,
               
                 Pretty
                 ,
                 Hewson
              
               and
               Axtell
               ,
               if
               you
               believe
               it
               upon
               these
               relations
               ,
               and
               after
               his
               own
               confession
               ,
               that
               if
               he
               was
               to
               do
               it
               again
               he
               would
               do
               it
               ;
               then
               upon
               this
               evidence
               that
               is
               given
               you
               ,
               he
               is
               to
               be
               found
               guilty
               ,
               though
               he
               did
               not
               cut
               off
               the
               Kings
               head
               .
               You
               have
               heard
               the
               Evidence
               on
               all
               sides
               ,
               it
               rests
               upon
               you
               ,
               pray
               go
               together
               and
               consider
               of
               your
               Verdict
               .
               I
               have
               forgotten
               one
               thing
               ,
               God
               forbid
               I
               should
               omit
               any
               thing
               that
               may
               be
               as
               well
               for
               advantage
               as
               against
               the
               Prisoner
               at
               the
               Bar
               :
               if
               you
               take
               it
               singly
               ,
               if
               you
               have
               nothing
               if
               other
               proof
               ,
               what
               another
               man
               says
               of
               me
               doth
               not
               charge
               ●e
               ,
               unless
               there
               be
               something
               of
               my
               own
               ,
               what
               you
               have
               
               heard
               from
               himself
               ,
               and
               what
               you
               have
               heard
               by
               relations
               from
               others
               ,
               that
               is
               to
               be
               left
               to
               you
               .
               It
               is
               my
               duty
               to
               tell
               you
               ,
               that
               which
               is
               said
               by
               another
               of
               me
               ,
               that
               alone
               is
               not
               a
               pregnant
               evidence
               ;
               you
               must
               remember
               withal
               ,
               what
               is
               sworn
               positively
               ,
               what
               he
               said
               himself
               :
               this
               being
               said
               ,
               I
               must
               leave
               it
               to
               you
               .
               Pray
               go
               together
               .
            
          
           
             After
             a
             more
             than
             ordinary
             time
             of
             consultation
             ,
             the
             Jury
             returned
             to
             their
             places
             .
          
           
             
               Clerk
               ,
            
             
               Are
               you
               agreed
               of
               your
               Verdict
               ?
            
          
           
             
               Jury
               ,
            
             
               Yes
               .
            
          
           
             
               Clerk
               ,
            
             
               Who
               shall
               say
               for
               you
               ?
            
          
           
             
               Jury
               ,
            
             
               Our
               Foreman
               .
            
          
           
             
               Clerk
               ,
            
             
               
                 Will.
                 Hulet
              
               alias
               Howlet
               ,
               hold
               up
               thy
               hand
               .
               Gentlemen
               look
               upon
               the
               Prisoner
               at
               the
               Bar
               ,
               how
               say
               you
               ,
               is
               he
               guilty
               of
               the
               high
               Treason
               ,
               
                 &
                 c
              
               ?
            
          
           
             
               Foreman
               ,
            
             
               Guilty
               .
            
          
           
             
               Clerk
               ,
            
             
               Look
               to
               him
               Keeper
               .
               What
               Goods
               and
               Chattels
               ?
            
          
           
             
               Jury
               ,
            
             
               None
               to
               our
               knowledg
               .
            
          
           
             And
             then
             the
             Court
             adjourned
             till
             to
             morrow
             morning
             seven
             a
             clock
             in
             this
             place
             .
          
        
         
           
             
               Octob.
               16th
               ,
               1660.
               
            
             Sessions-House
             Old-Baily
             .
          
           
             Proclamation
             of
             the
             Court.
             
          
           
             
               CLerk
               of
               the
               Crown
               .
            
             
               Set
               Isaac
               Penington
               ,
               Hen.
               Marten
               ,
               Gilb.
               Millington
               ,
               Rob.
               Tichburn
               ,
               Owen
               Roe
               ,
               Rob.
               Lilburn
               ,
               Hen.
               Smith
               ,
               Edm.
               Harvey
               ,
               John
               Downs
               ,
               Vincent
               Potter
               ,
               Aug.
               Garland
               ,
               Simon
               Meyne
               ,
               James
               Temple
               ,
               Pet.
               Temple
               ,
               and
               Tho
               Wayte
               ,
               (
               in
               all
               fifteen
               )
               to
               the
               Bar
               ,
               
                 which
                 was
                 accordingly
                 done
                 .
              
            
          
           
             
               Clerk
               of
               the
               Crown
               ,
            
             
               You
               the
               Prisoners
               at
               the
               Bar
               ,
               those
               of
               the
               Jury
               that
               were
               last
               called
               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
               .
            
          
           
           
             Charles
             Pitfield
             ,
             Christopher
             Abdy
             ,
             Richard
             Cheyney
             ,
             George
             Tirrey
             ,
             Daniel
             Cole
             ,
             Hall
             ,
             Richard
             Abell
             ,
             Edmund
             Starnel
             ,
             Edmund
             Pitt
             ,
             Will.
             Witcomb
             ,
             Fran.
             Dorrington
             ,
             and
             T.
             Nicoll
             ,
             
               called
               and
               sworn
               of
               the
               Jury
               .
            
          
           
             
               Cl.
               of
               the
               Crown
               ,
            
             
               
                 Isaac
                 Penington
                 ,
                 Henry
                 Marten
              
               ,
               &c.
               Hold
               up
               your
               hands
               .
               Gent.
               that
               are
               sworn
               look
               upon
               the
               Prisoners
               at
               the
               Bar.
               You
               shall
               understand
               that
               the
               said
               
                 Isaac
                 Penington
                 ,
                 &c.
              
               together
               with
               ,
               &c.
               
               
                 (
                 here
                 the
                 Indictment
                 was
                 read
                 )
              
               Unto
               which
               they
               and
               every
               of
               them
               have
               severally
               pleaded
               Not
               Guilty
               ,
               and
               for
               their
               tryal
               have
               put
               themselves
               upon
               God
               and
               the
               Country
               ,
               which
               Country
               you
               are
               :
               now
               your
               charge
               is
               to
               enquire
               ,
               &c.
               
            
          
           
             
               K.
               Coun.
               
            
             
               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
               Glorious
               Memory
               .
               The
               Indictment
               sets
               forth
               several
               Overt-acts
               ,
               by
               which
               that
               Imagination
               doth
               appear
               ,
               the
               Treason
               it self
               is
               the
               Compassing
               :
               Our
               Evidence
               will
               go
               on
               thus
               :
               We
               shall
               prove
               against
               them
               all
               ,
               that
               they
               did
               sit
               (
               in
               that
               which
               they
               called
               the
               High
               Court
               of
               Justice
               )
               upon
               the
               King
               ,
               whilst
               the
               King
               was
               a
               Prisoner
               at
               the
               Bar
               ,
               most
               of
               them
               did
               sentence
               him
               ,
               all
               but
               Harvy
               and
               Penington
               did
               sign
               that
               bloody
               Warrant
               for
               his
               Execution
               ,
               and
               that
               one
               of
               the
               Prisoners
               at
               the
               Bar
               was
               in
               before
               the
               High
               Court
               of
               Justice
               consulting
               of
               bringing
               it
               about
               .
               When
               we
               have
               proved
               this
               I
               think
               it
               is
               enough
               .
               Pray
               call
               the
               Witnesses
               .
            
          
           
             
               Harvey
               .
            
             
               My
               Lord
               ,
               according
               to
               my
               duty
               I
               shall
               save
               this
               honourable
               Court
               all
               their
               trouble
               .
               I
               do
               humbly
               acknowledg
               ,
               that
               I
               was
               and
               did
               sit
               in
               that
               Court
               ,
               but
               I
               did
               not
               Sign
               and
               Seal
               that
               Warrant
               .
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               It
               is
               very
               true
               Mr.
               Harvey
               .
            
          
           
             
               Har.
               
            
             
               I
               hope
               your
               Lordships
               and
               this
               honourable
               Bench
               will
               give
               me
               leave
               (
               in
               that
               time
               which
               you
               shall
               appoint
               )
               to
               shew
               you
               my
               reasons
               that
               I
               did
               it
               not
               of
               Malice
               ,
               and
               it
               was
               an
               error
               not
               of
               Will
               ,
               but
               of
               Judgment
               ;
               what
               I
               have
               to
               say
               will
               be
               (
               thought
               not
               for
               the
               annihilating
               )
               yet
               for
               the
               extenuation
               of
               my
               crimes
               .
            
          
           
             
             
               Lord
               Chief
               Baron
               .
            
             
               Say
               now
               what
               you
               will
               ,
               only
               consider
               with
               your self
               ,
               whether
               you
               have
               not
               already
               spoken
               as
               much
               as
               you
               can
               for
               the
               Extenuation
               of
               it
               ,
               say
               what
               you
               can
               further
               .
            
          
           
             
               Harvy
               .
            
             
               Let
               me
               speak
               a
               word
               .
            
          
           
             
               L.
               Ch.
               Bar.
               
            
             
               Go
               on
               Sir.
               
            
          
           
             
               Harvey
               .
            
             
               My
               Lord
               ,
               I
               do
               humbly
               conceive
               ,
               if
               I
               had
               conceived
               that
               I
               had
               then
               done
               any
               thing
               of
               Treason
               ,
               I
               would
               not
               for
               all
               the
               World
               have
               been
               there
               .
               I
               was
               present
               when
               his
               Majesty
               did
               not
               own
               the
               Court
               ,
               desiring
               that
               both
               his
               Houses
               might
               meet
               ,
               that
               he
               might
               have
               a
               Conference
               with
               them
               for
               setling
               of
               the
               peace
               :
               My
               Lord
               ,
               heartily
               and
               unfeignedly
               I
               did
               endeavour
               that
               that
               advice
               might
               be
               embraced
               ,
               and
               that
               no
               sentence
               might
               be
               pronounced
               .
               I
               was
               one
               of
               those
               (
               with
               some
               others
               )
               that
               did
               so
               far
               promote
               it
               ,
               that
               that
               which
               they
               called
               the
               High
               Court
               of
               Justice
               ,
               did
               withdraw
               to
               consider
               of
               it
               ,
               but
               the
               major
               part
               of
               it
               did
               dissent
               .
               But
               my
               Lord
               ,
               I
               was
               so
               unhappy
               as
               to
               return
               to
               the
               Court
               ,
               though
               with
               reluctancy
               ;
               I
               went
               with
               a
               resolution
               not
               to
               go
               more
               to
               them
               ,
               nor
               never
               did
               ;
               I
               was
               sommoned
               to
               come
               to
               the
               Court
               :
               I
               did
               declare
               I
               abhorred
               the
               thing
               ,
               that
               my
               Soul
               had
               reluctancy
               against
               it
               ,
               and
               I
               was
               greatly
               grieved
               and
               troubled
               at
               it
               ,
               and
               I
               did
               refuse
               any
               more
               to
               come
               ,
               or
               to
               consult
               about
               any
               thing
               that
               followed
               in
               order
               to
               his
               Majesties
               death
               ,
               and
               to
               Sign
               and
               to
               Seal
               .
               And
               that
               I
               may
               make
               it
               appear
               to
               your
               Lordships
               ,
               I
               pray
               I
               may
               have
               a
               Witness
               or
               two
               examined
               .
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               Name
               them
               .
               Did
               he
               sit
               upon
               the
               day
               of
               sentence
               ?
            
          
           
             
               Councel
               .
            
             
               Yes
               he
               did
               ,
               he
               followed
               it
               .
            
          
           
             Mr.
             
               Edw.
               Corbet
            
             examined
             .
          
           
             
               Mr.
               Corbet
               .
            
             
               My
               Lord
               ,
               the
               attestation
               which
               I
               this
               day
               make
               solemnly
               in
               the
               holy
               fear
               of
               Almighty
               God
               ,
               and
               in
               awful
               reverence
               of
               this
               great
               Tribunal
               ,
               hath
               only
               this
               great
               scope
               ,
               that
               Colonel
               Harvey
               the
               Prisoner
               at
               the
               Bar
               ,
               upon
               that
               day
               of
               signing
               the
               Warrant
               for
               that
               horrid
               Execution
               of
               His
               most
               Excellent
               Majesty
               ,
               not
               in
               title
               only
               ,
               but
               in
               reality
               ,
               he
               finding
               me
               as
               I
               was
               passing
               to
               the
               duty
               of
               my
               place
               in
               the
               Assembly
               
               of
               Divines
               then
               sitting
               ,
               he
               seized
               on
               me
               ,
               and
               desired
               privacy
               of
               time
               and
               place
               ,
               that
               he
               might
               disburthen
               his
               soul
               and
               spirit
               unto
               me
               ,
               it
               was
               then
               about
               nine
               a
               clock
               in
               the
               forenoon
               to
               the
               best
               of
               my
               remembrance
               .
            
          
           
             
               L.
               C.
               B.
               
            
             
               What
               day
               I
               beseech
               you
               ?
            
          
           
             
               Corbet
               .
            
             
               To
               the
               best
               of
               my
               remembrance
               upon
               the
               Monday
               ;
               Sir
               ,
               says
               he
               ,
               I
               desire
               to
               make
               known
               unto
               you
               the
               deep
               horrour
               that
               sits
               upon
               my
               spirit
               ,
               the
               sadness
               and
               grief
               above
               all
               expressions
               that
               my
               present
               case
               has
               cast
               me
               into
               ;
               I
               have
               endeavoured
               ,
               Sir
               ,
               says
               he
               ,
               in
               the
               sight
               of
               God
               all
               that
               possibly
               I
               could
               ,
               to
               divert
               them
               from
               the
               Sentence
               ,
               I
               could
               not
               prevail
               .
               Sir
               ,
               says
               he
               ,
               I
               have
               been
               this
               morning
               sollicited
               with
               very
               much
               earnestness
               ,
               that
               I
               would
               go
               and
               sign
               ,
               and
               seal
               ,
               and
               order
               ,
               that
               wicked
               Execution
               ,
               which
               my
               soul
               abhors
               ;
               and
               Sir
               ,
               that
               I
               might
               be
               removed
               and
               withdrawn
               from
               all
               temptations
               and
               sollicitations
               of
               such
               a
               wicked
               fact
               ,
               I
               beseech
               you
               spare
               me
               your
               time
               this
               day
               ,
               which
               I
               did
               ,
               in
               the
               presence
               of
               another
               Divine
               ,
               till
               four
               a
               clock
               that
               afternoon
               ,
               and
               then
               I
               parted
               and
               went
               to
               Westminster
               ,
               to
               sign
               and
               assist
               that
               which
               I
               did
               apprehend
               my
               bounden
               duty
               ,
               the
               Vindication
               of
               the
               Assembly
               of
               Divines
               ,
               wherein
               we
               did
               testifie
               ,
               that
               it
               was
               far
               from
               our
               thoughts
               to
               advise
               the
               Parliament
               to
               any
               such
               unheard
               of
               unnatural
               act
               .
            
          
           
             
               Councel
               .
            
             
               We
               do
               admit
               that
               after
               he
               sat
               and
               Sentence
               past
               ,
               that
               he
               did
               not
               sign
               .
            
          
           
             
               Harvey
               .
            
             
               Be
               pleased
               to
               call
               one
               Mr.
               
                 Tho.
                 Langham
              
               ,
               he
               hath
               heard
               me
               often
               declare
               against
               that
               act
               .
            
          
           
             Mr.
             
               Thomas
               Langham
            
             examined
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               What
               do
               you
               say
               Mr.
               Langham
               as
               to
               this
               business
               ?
            
          
           
             
               Langham
               .
            
             
               Sir
               ,
               about
               the
               time
               that
               his
               Majesty
               was
               executed
               in
               1648.
               
               I
               was
               then
               Servant
               to
               Alderman
               Sleigh
               ,
               who
               was
               formerly
               partner
               with
               this
               Colonel
               ,
               and
               he
               frequently
               came
               to
               Alderman
               
               Sleigh's
               every
               night
               ,
               and
               the
               Alderman
               
               having
               some
               business
               with
               him
               ,
               would
               ask
               him
               what
               News
               there
               was
               at
               the
               High
               Court
               of
               Justice
               ;
               he
               usually
               told
               him
               the
               passages
               upon
               any
               day
               ;
               the
               Alderman
               asked
               him
               if
               so
               be
               he
               thought
               his
               Majesty
               might
               escape
               ?
               he
               told
               him
               this
               ,
               that
               he
               would
               do
               what
               lay
               in
               his
               power
               that
               he
               might
               ;
               that
               he
               might
               not
               come
               to
               have
               Sentence
               past
               ,
               upon
               Saturday
               being
               also
               there
               ,
               he
               told
               him
               this
               ,
               that
               he
               had
               done
               what
               lay
               in
               his
               power
               to
               hinder
               the
               Sentence
               ,
               but
               could
               not
               attain
               his
               design
               ,
               but
               he
               was
               resolved
               he
               would
               never
               sign
               ,
               nor
               seal
               to
               his
               Majesties
               death
               ,
               for
               it
               was
               utterly
               against
               his
               Judgment
               .
            
          
           
             
               Harvey
               .
            
             
               There
               is
               another
               (
               my
               Lord
               )
               and
               but
               one
               more
               ,
               that
               is
               
                 George
                 Langham
              
               .
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               To
               what
               purpose
               ?
               This
               is
               believed
               .
            
          
           
             
               Harvey
               .
            
             
               I
               shall
               only
               crave
               and
               supplicate
               this
               favour
               of
               this
               Honourable
               Bench
               ,
               that
               this
               Honourable
               Bench
               will
               be
               pleased
               on
               my
               behalf
               (
               since
               I
               have
               endeavoured
               it
               two
               moneths
               before
               )
               to
               present
               my
               humble
               Petition
               to
               his
               Sacred
               Majesty
               ,
               and
               to
               intercede
               for
               mercy
               and
               favour
               on
               my
               behalf
               ,
               my self
               ,
               my
               wife
               ,
               and
               thirteen
               Children
               shall
               humbly
               pray
               .
            
          
           
             The
             Court
             received
             the
             said
             Petition
             ,
             and
             promised
             to
             present
             it
             to
             his
             Majesty
             .
          
           
             
               Millington
               .
            
             
               I
               do
               not
               know
               whether
               it
               will
               be
               seasonable
               for
               me
               to
               interpose
               now
               I
               would
               speak
               a
               little
               .
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               Is
               he
               next
               in
               order
               .
            
          
           
             
               Clerk.
               
            
             
               No
               my
               Lord
               ,
               Pennington
               is
               next
               .
            
          
           
             
               Pennington
               .
            
             
               I
               am
               unwilling
               to
               be
               troublesom
               to
               the
               Court.
               This
               I
               shall
               take
               the
               boldness
               to
               say
               ;
               (
               which
               shall
               be
               nothing
               but
               truth
               )
               I
               never
               had
               a
               hand
               in
               plotting
               ,
               contriving
               malicious
               practices
               against
               his
               Majesty
               ,
               demonstrated
               by
               my
               utterly
               refusing
               to
               sign
               the
               Warrant
               for
               his
               Execution
               ,
               though
               often
               sollicited
               thereunto
               ;
               I
               cannot
               deny
               but
               I
               sate
               amongst
               them
               that
               day
               of
               the
               Sentence
               ,
               but
               I
               cannot
               remember
               I
               was
               there
               when
               the
               Sentence
               passed
               .
               My
               sitting
               amongst
               them
               was
               out
               of
               ignorance
               ,
               I
               knew
               not
               what
               I
               did
               ,
               therefore
               I
               hope
               you
               wil
               believe
               there
               was
               nothing
               of
               malice
               in
               any
               thing
               I
               did
               ,
               I
               was
               misled
               to
               it
               .
            
          
           
             
             
               L.
               Ch.
               Baron
               .
            
             
               I
               cannot
               hear
               you
               
                 (
                 he
                 not
                 speaking
                 aloud
                 .
                 )
              
            
          
           
             
               Penington
               .
            
             
               It
               was
               Ignorance
               ,
               not
               Malice
               ,
               that
               lead
               me
               ;
               if
               I
               had
               known
               what
               I
               had
               done
               ,
               I
               would
               not
               have
               done
               it
               ;
               I
               humbly
               pray
               that
               there
               may
               be
               a
               favourable
               construction
               made
               of
               it
               ,
               I
               humbly
               leave
               it
               with
               you
               .
               I
               did
               my
               Duty
               to
               pray
               for
               the
               King
               ,
               but
               had
               no
               malice
               to
               act
               willingly
               against
               him
               .
            
          
           
             
               Clerk.
               
            
             
               Henry
               Marten
               .
            
          
           
             
               Counsel
               .
            
             
               He
               did
               both
               sign
               and
               seal
               the
               Precept
               for
               summoning
               the
               Court
               ,
               and
               the
               Warrant
               for
               Execution
               ;
               sat
               almost
               every
               day
               ,
               and
               particularly
               the
               day
               of
               Sentence
               .
            
          
           
             
               Marten
               .
            
             
               My
               Lord
               ,
               I
               do
               not
               decline
               a
               confession
               so
               as
               to
               the
               matter
               of
               Fact
               ,
               the
               malice
               set
               aside
               ,
               
                 maliciously
                 ,
                 murderously
                 ,
                 and
                 traiterously
                 .
              
            
          
           
             
               Counsel
               .
            
             
               If
               you
               have
               any
               thing
               to
               say
               to
               that
               ,
               we
               will
               prove
               it
               .
            
          
           
             
               L.
               Ch.
               Baron
               .
            
             
               That
               I
               may
               inform
               you
               in
               it
               ,
               there
               is
               malice
               implied
               by
               Law
               ,
               malice
               in
               the
               Act
               it self
               :
               that
               which
               you
               call
               malice
               ,
               that
               you
               had
               no
               particular
               intention
               or
               design
               against
               the
               King's
               Person
               ,
               but
               in
               relation
               to
               the
               Government
               ,
               that
               will
               not
               be
               to
               this
               present
               business
               ;
               if
               it
               should
               extenuate
               any
               thing
               ,
               that
               would
               be
               between
               God
               and
               your
               own
               Soul
               ;
               but
               as
               to
               that
               which
               is
               alledged
               in
               the
               Indictment
               ,
               
                 Maliciously
                 ,
                 Murderously
                 ,
                 and
                 Traiterously
                 ,
              
               they
               are
               the
               consequences
               of
               Law.
               If
               a
               Man
               meet
               another
               in
               the
               Street
               and
               run
               him
               through
               ,
               in
               this
               case
               the
               Law
               implies
               malice
               ,
               though
               but
               to
               an
               ordinary
               Watchman
               ,
               there
               is
               malice
               by
               the
               Law
               in
               the
               Fact
               ;
               if
               there
               was
               no
               such
               expressed
               personal
               malice
               as
               you
               conceive
               ,
               yet
               the
               Fact
               done
               ,
               implies
               malice
               in
               Law.
               
            
          
           
             
               Mr.
               Solicitor
               General
               .
            
             
               My
               Lord
               ,
               He
               does
               think
               a
               Man
               may
               sit
               upon
               the
               death
               of
               the
               King
               ,
               sentence
               him
               to
               death
               ,
               sign
               a
               Warrant
               for
               his
               Execution
               ,
               
                 meekly
                 ,
                 innocently
                 ,
                 charitably
                 ,
                 and
                 honestly
                 .
              
            
          
           
             
               Marten
               .
            
             
               I
               shall
               not
               presume
               to
               compare
               my
               knowledg
               in
               the
               Law
               ,
               with
               that
               of
               that
               Learned
               Gentleman
               ,
               but
               according
               
               to
               that
               poor
               understanding
               of
               the
               Law
               of
               England
               ,
               that
               I
               was
               capable
               of
               ,
               there
               is
               no
               Fact
               that
               he
               can
               name
               that
               is
               a
               Crime
               in
               it self
               ,
               but
               as
               it
               is
               circumstantiated
               .
               Of
               killing
               a
               Watchman
               ,
               as
               your
               Lordship
               instanced
               ,
               a
               Watchman
               may
               be
               killed
               in
               not
               doing
               his
               Office
               ,
               and
               yet
               no
               murder
               .
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               I
               instanced
               that
               of
               a
               Watchman
               ,
               to
               shew
               there
               may
               be
               a
               malice
               by
               Law
               ,
               though
               not
               expressed
               ;
               though
               a
               Man
               kill
               a
               Watchman
               ,
               intending
               to
               kill
               another
               Man
               ,
               in
               that
               case
               it
               is
               malice
               in
               Law
               against
               him
               :
               so
               in
               this
               case
               ,
               if
               you
               went
               to
               kill
               the
               King
               when
               he
               was
               not
               doing
               his
               Office
               ,
               because
               he
               was
               in
               Prison
               ,
               and
               you
               hindred
               him
               from
               it
               ,
               the
               Law
               implies
               malice
               in
               this
               .
               It
               is
               true
               ,
               all
               Actions
               are
               circumstantiated
               ,
               but
               the
               killing
               of
               the
               King
               is
               Treason
               of
               all
               Treasons
               .
            
          
           
             
               Justice
               Foster
               .
            
             
               If
               a
               Watchman
               be
               killed
               it
               is
               murder
               ,
               it
               is
               in
               contempt
               of
               Magistracy
               ,
               of
               the
               Powers
               Above
               ;
               the
               Law
               says
               ,
               that
               contempt
               adds
               to
               the
               malice
               .
            
          
           
             
               Counsel
               .
            
             
               We
               shall
               prove
               against
               the
               Prisoner
               at
               the
               Bar
               (
               because
               he
               would
               wipe
               off
               malice
               )
               he
               did
               this
               very
               merrily
               ,
               and
               was
               in
               great
               sport
               at
               the
               time
               of
               the
               signing
               the
               Warrant
               for
               the
               King's
               Execution
               .
            
          
           
             
               Marten
               .
            
             
               That
               does
               not
               imply
               malice
               .
            
          
           
             Ewer
             sworn
             .
          
           
             
               Councel
               .
            
             
               Come
               Sir
               ,
               you
               are
               here
               upon
               your
               Oath
               ,
               speak
               to
               my
               Lords
               and
               the
               Jury
               ;
               you
               know
               the
               Prisoner
               at
               the
               Bar
               very
               well
               ,
               you
               have
               sometimes
               served
               him
               ;
               Were
               you
               present
               in
               the
               
                 Painted
                 Chamber
                 ,
                 January
                 29.
              
               1648.
               at
               the
               signing
               the
               Warrant
               ,
               the
               Parchment
               against
               the
               King
               ?
            
          
           
             
               Ewer
               .
            
             
               The
               day
               I
               do
               not
               remember
               ,
               but
               I
               was
               in
               that
               Chamber
               to
               attend
               a
               Gentleman
               there
               ,
               I
               followed
               that
               Gentleman
               ,
               (
               looking
               at
               Mr.
               Marten
               )
               I
               followed
               that
               Gentleman
               into
               that
               Chamber
               .
            
          
           
             
               L.
               C.
               Baron
               .
            
             
               After
               what
               Gentleman
               ?
            
          
           
             
               Ewer
               .
            
             
               Mr.
               Marten
               ,
               my
               Lord
               ,
               I
               was
               pressing
               to
               come
               near
               ,
               but
               I
               was
               put
               off
               by
               an
               Officer
               or
               Souldier
               there
               ,
               who
               
               told
               me
               ,
               I
               should
               not
               be
               there
               ;
               I
               told
               him
               ,
               I
               was
               ordered
               to
               be
               by
               that
               Gentleman
               .
               My
               Lord
               ,
               I
               did
               see
               a
               Pen
               in
               Mr.
               
               Cromwel's
               hand
               ,
               and
               he
               marked
               Mr.
               Marten
               in
               the
               face
               with
               it
               ,
               and
               Mr.
               Marten
               did
               the
               like
               to
               him
               :
               but
               I
               did
               not
               see
               any
               one
               set
               his
               Hand
               ,
               though
               I
               did
               see
               a
               Parchment
               there
               with
               a
               great
               many
               Seals
               to
               it
               .
            
          
           
             Sir
             
               Purback
               Temple
            
             sworn
             .
          
           
             
               Counsel
               .
            
             
               What
               do
               you
               know
               of
               that
               Gentleman
               in
               his
               carriage
               of
               this
               Business
               .
            
          
           
             
               Sir
               Purback
               Temple
               .
            
             
               My
               Lords
               ,
               I
               being
               present
               in
               Town
               when
               that
               horrid
               Murder
               was
               contrived
               against
               the
               late
               King
               ,
               there
               came
               some
               Persons
               of
               Honour
               ,
               Servants
               to
               the
               late
               King
               ,
               to
               my
               Father's
               House
               ,
               Sir
               
                 Edward
                 Partridge
              
               ,
               to
               engage
               me
               to
               join
               with
               them
               to
               attempt
               the
               King's
               escape
               .
               In
               order
               whereunto
               ,
               they
               told
               me
               ,
               nothing
               would
               tend
               so
               much
               to
               his
               Majesty's
               Service
               ,
               as
               to
               endeavour
               to
               discover
               some
               part
               of
               their
               Counsels
               ,
               for
               that
               it
               was
               resolved
               by
               Cromwel
               to
               have
               the
               King
               tried
               at
               the
               
                 High
                 Court
                 of
                 Justice
              
               ,
               as
               they
               called
               it
               ,
               the
               next
               day
               ,
               and
               desired
               me
               (
               if
               possible
               )
               to
               be
               there
               to
               discover
               their
               Counsels
               ,
               whereby
               the
               King
               might
               have
               notice
               ,
               and
               those
               that
               were
               to
               attempt
               his
               escape
               .
               In
               order
               whereunto
               ,
               the
               next
               day
               by
               giving
               Mony
               to
               the
               Officer
               of
               the
               
                 Painted
                 Chamber
              
               ,
               I
               got
               in
               by
               day
               light
               in
               the
               Lobby
               to
               the
               Lords
               House
               ;
               I
               espied
               a
               Hole
               in
               the
               Wall
               under
               the
               Hangings
               ,
               where
               I
               placed
               my self
               till
               the
               Council
               came
               ;
               where
               they
               were
               contriving
               the
               manner
               of
               trying
               the
               King
               when
               he
               should
               come
               before
               them
               :
               and
               after
               the
               manner
               of
               praying
               and
               private
               consults
               amongst
               themselves
               ;
               when
               their
               Prayer
               was
               over
               ,
               there
               came
               news
               that
               the
               King
               was
               landed
               at
               Sir
               Robert
               Cotton's
               Stairs
               ;
               at
               which
               Cromwel
               run
               to
               a
               Window
               ,
               looking
               on
               the
               King
               as
               he
               came
               up
               the
               Garden
               ,
               he
               returned
               as
               white
               as
               the
               Wall
               :
               returning
               to
               the
               Board
               ,
               he
               speaks
               to
               Bradshaw
               and
               Sir
               
                 Henry
                 Mildmay
              
               ,
               how
               they
               and
               Sir
               
                 William
                 Breerton
              
               had
               concluded
               on
               such
               a
               Business
               ;
               Then
               turning
               to
               the
               Board
               ,
               said
               thus
               ;
               
                 My
                 Masters
                 ,
                 He
                 is
                 come
                 ,
                 He
                 is
                 come
                 ;
                 and
                 now
                 we
                 are
                 doing
                 
                 that
                 great
                 Work
                 that
                 the
                 whole
                 Nation
                 will
                 be
                 full
                 of
                 :
                 Therefore
                 I
                 desire
                 you
                 to
                 let
                 us
                 resolve
                 here
                 what
                 answer
                 we
                 shall
                 give
                 the
                 King
                 when
                 he
                 comes
                 before
                 us
                 ;
                 for
                 the
                 first
                 Question
                 that
                 he
                 will
                 ask
                 us
                 will
                 be
                 ,
                 By
                 what
                 Authority
                 and
                 Commission
                 do
                 we
                 try
                 him
                 ?
                 To
                 which
                 none
                 answered
                 presently
                 .
                 Then
                 after
                 a
                 little
                 space
                 ,
              
               Henry
               Marten
               ,
               
                 the
                 Prisoner
                 at
                 the
                 Bar
                 ,
                 rose
                 up
                 ,
                 and
                 said
                 ,
                 In
                 the
                 Name
                 of
                 the
                 Commons
                 and
                 Parliament
                 assembled
                 ,
                 and
                 all
                 the
                 good
                 People
                 of
              
               England
               ;
               which
               none
               contradicted
               ,
               so
               all
               rose
               up
               ,
               and
               then
               I
               saw
               every
               Officer
               that
               waited
               in
               the
               Room
               ,
               sent
               out
               by
               Cromwel
               to
               call
               away
               my
               Lord
               such
               a
               one
               (
               whose
               Name
               I
               have
               forgot
               )
               who
               was
               in
               the
               Court
               of
               Wards
               Chamber
               ,
               that
               he
               should
               send
               away
               the
               Instrument
               ,
               which
               came
               not
               ,
               and
               so
               they
               adjourned
               themselves
               to
               Westminster-Hall
               ,
               going
               into
               the
               Court
               of
               Wards
               themselves
               as
               they
               went
               thither
               .
               When
               they
               came
               to
               the
               Court
               in
               Westminster-Hall
               ,
               I
               heard
               the
               King
               ask
               them
               the
               very
               same
               Question
               that
               Cromwel
               had
               said
               to
               them
               .
            
          
           
             
               Mr.
               Solicitor
               .
            
             
               Gentlemen
               ,
               the
               Prisoner
               at
               the
               Bar
               confesses
               his
               Hand
               to
               the
               Warrant
               for
               Executing
               the
               King
               ;
               you
               see
               by
               his
               Servant
               how
               merry
               he
               was
               at
               the
               sport
               .
               You
               see
               by
               his
               Witness
               how
               serious
               he
               was
               at
               it
               ,
               and
               gave
               the
               foundation
               of
               that
               Advice
               upon
               which
               they
               all
               proceeded
               ;
               and
               now
               he
               says
               he
               did
               it
               not
               Traiterously
               ,
               I
               humbly
               conceive
               he
               means
               it
               was
               Justifiable
               .
            
          
           
             
               Sir
               P.
               Temple
               .
            
             
               At
               another
               time
               I
               was
               in
               Town
               on
               a
               Friday
               ,
               and
               wanting
               Horses
               ,
               I
               went
               to
               Smithfield
               ,
               where
               I
               saw
               the
               Horses
               of
               State
               of
               his
               late
               Majesty
               to
               be
               sold
               in
               the
               Common
               Market
               ;
               at
               which
               I
               called
               to
               the
               Rider
               ,
               said
               I
               ,
               What
               makes
               these
               Horses
               here
               ?
               says
               he
               ,
               I
               am
               to
               sell
               them
               ;
               Why
               ,
               said
               I
               ,
               there
               's
               the
               King's
               Brand
               upon
               them
               ,
               
                 C.
                 R.
              
               and
               he
               shew'd
               them
               me
               :
               said
               I
               ,
               Will
               you
               sell
               these
               Horses
               ?
               What
               price
               ?
               he
               asked
               me
               three
               or
               fourscore
               pound
               a
               piece
               ;
               said
               I
               ,
               Who
               warrants
               the
               sale
               of
               these
               Horses
               ?
               says
               he
               ,
               Mr.
               Marten
               and
               Sir
               
                 Wil.
                 Brereton
              
               .
               Afterwards
               I
               heard
               the
               Horses
               were
               taken
               into
               the
               Mews
               by
               the
               Prisoner
               at
               the
               Bar
               ,
               and
               Sir
               
                 Wil.
                 Brereton
              
               .
            
          
           
             
               Counsel
               .
            
             
               Was
               this
               before
               the
               Trial
               ?
            
          
           
             
               Sir
               P.
               Temple
               .
            
             
               It
               was
               in
               1642
               ,
               or
               1643.
               
            
          
           
             
             
               Counsel
               .
            
             
               That
               's
               nothing
               to
               this
               Business
               .
            
          
           
             
               Marten
               .
            
             
               My
               Lord
               ,
               the
               Commission
               went
               in
               the
               name
               of
               the
               Commons
               assembled
               in
               Parliament
               ,
               and
               the
               Good
               People
               of
               England
               ;
               and
               what
               a
               matter
               is
               it
               for
               one
               of
               the
               Commissioners
               to
               say
               ,
               Let
               it
               be
               acted
               by
               the
               
                 Good
                 People
                 of
              
               England
               ?
            
          
           
             
               Mr.
               Sol.
               Gen.
               
            
             
               You
               know
               all
               
                 good
                 People
              
               did
               abhor
               it
               ;
               I
               am
               sorry
               to
               see
               so
               little
               repentance
               .
            
          
           
             
               Marten
               .
            
             
               My
               Lord
               ,
               I
               hope
               that
               which
               is
               urged
               by
               the
               Learned
               Counsel
               ,
               will
               not
               have
               that
               impression
               upon
               the
               Court
               and
               Jury
               that
               it
               seems
               to
               have
               ,
               That
               I
               am
               so
               obstinate
               in
               a
               thing
               so
               apparently
               ill
               :
               My
               Lord
               ,
               if
               it
               were
               possible
               for
               that
               Blood
               to
               be
               in
               the
               Body
               again
               ,
               and
               every
               drop
               that
               was
               shed
               in
               the
               late
               Wars
               ,
               I
               could
               wish
               it
               with
               all
               my
               heart
               :
               But
               ,
               my
               Lord
               ,
               I
               hope
               it
               is
               lawful
               to
               offer
               in
               my
               own
               defence
               ,
               that
               which
               when
               I
               did
               it
               ,
               I
               thought
               I
               might
               do
               .
               My
               Lord
               ,
               there
               was
               the
               House
               of
               Commons
               ,
               as
               I
               understood
               it
               ,
               (
               perhaps
               your
               Lordships
               think
               it
               was
               not
               a
               House
               of
               Commons
               )
               but
               then
               it
               was
               the
               Supream
               Authority
               of
               England
               ,
               it
               was
               so
               reputed
               both
               at
               home
               and
               abroad
               .
               My
               Lord
               ,
               I
               suppose
               he
               that
               gives
               obedience
               to
               the
               Authority
               in
               being
               
                 de
                 facto
              
               ,
               whether
               
                 de
                 jure
              
               or
               no
               ,
               I
               think
               he
               is
               of
               a
               peaceable
               disposition
               ,
               and
               far
               from
               a
               Traitor
               .
               My
               Lord
               ,
               I
               think
               there
               was
               a
               Statute
               made
               in
               Henry
               the
               Seventh's
               time
               ,
               whereby
               it
               was
               provided
               ,
               That
               whosoever
               was
               in
               Arms
               for
               the
               King
               
                 de
                 facto
              
               ,
               he
               should
               be
               indempnified
               ,
               though
               that
               King
               
                 de
                 facto
              
               ,
               was
               not
               so
               
                 de
                 jure
              
               :
               And
               if
               the
               Supream
               Officers
               
                 de
                 facto
              
               can
               justifie
               a
               War
               ,
               (
               the
               most
               pernicious
               Remedy
               that
               was
               ever
               adjudged
               by
               Mankind
               ,
               be
               the
               Cause
               what
               it
               will
               )
               I
               presume
               the
               Supream
               Authority
               of
               England
               may
               justifie
               a
               Judicature
               ,
               though
               it
               be
               but
               an
               Authority
               
                 de
                 facto
              
               .
               My
               Lord
               ,
               if
               it
               be
               said
               that
               it
               is
               but
               a
               third
               estate
               ,
               and
               a
               small
               parcel
               of
               that
               ,
               my
               Lord
               ,
               it
               was
               all
               that
               was
               extant
               .
               I
               have
               heard
               Lawyers
               say
               ,
               That
               if
               there
               be
               Commons
               appurtenant
               to
               a
               Tenement
               ,
               and
               that
               Tenement
               be
               all
               burnt
               down
               except
               a
               small
               Stick
               ,
               the
               Commons
               belong
               to
               that
               one
               small
               piece
               ,
               as
               it
               did
               to
               the
               Tenement
               when
               all
               standing
               .
               My
               Lord
               ,
               I
               shall
               humbly
               
               offer
               to
               consideration
               ,
               whether
               the
               King
               were
               the
               King
               indeed
               ,
               such
               a
               one
               whose
               Peace
               ,
               Crowns
               and
               Dignities
               ,
               were
               concerned
               in
               Publick
               Matters
               :
               My
               Lord
               ,
               he
               was
               not
               in
               execution
               of
               his
               Offices
               ,
               he
               was
               a
               Prisoner
               .
               My
               Lord
               ,
               I
               will
               not
               defer
               you
               long
               ,
               neither
               would
               I
               be
               offensive
               ,
               I
               had
               then
               ,
               and
               I
               have
               now
               a
               peaceable
               inclination
               ,
               a
               resolution
               to
               submit
               to
               the
               Government
               that
               God
               hath
               set
               over
               me
               .
               I
               think
               his
               Majesty
               that
               now
               is
               ,
               is
               King
               upon
               the
               best
               Title
               under
               Heaven
               ,
               for
               he
               was
               called
               in
               by
               the
               Representative
               Body
               of
               England
               .
               I
               shall
               ,
               during
               my
               life
               ,
               long
               or
               short
               ,
               pay
               obedience
               to
               him
               :
               Besides
               ,
               my
               Lord
               ,
               I
               do
               owe
               my
               life
               to
               him
               ,
               if
               I
               am
               acquitted
               for
               this
               .
               I
               do
               confess
               ,
               I
               did
               adhere
               to
               the
               Parliaments
               Army
               heartily
               ,
               my
               life
               is
               at
               his
               mercy
               ;
               if
               his
               Grace
               be
               pleased
               to
               grant
               it
               ,
               I
               have
               a
               double
               obligation
               to
               him
               .
            
          
           
             
               Mr.
               Sol.
               Gen.
               
            
             
               My
               Lord
               ,
               this
               Gentleman
               ,
               the
               Prisoner
               at
               the
               Bar
               ,
               hath
               entred
               into
               a
               Discourse
               ,
               that
               I
               am
               afraid
               he
               must
               have
               an
               answer
               in
               Parliament
               for
               it
               .
               He
               hath
               owned
               the
               King
               ,
               but
               thinks
               his
               best
               title
               is
               the
               acknowledgment
               of
               the
               People
               ;
               and
               he
               that
               hath
               that
               ,
               let
               him
               be
               who
               he
               will
               ,
               hath
               the
               best
               Title
               :
               we
               have
               done
               with
               our
               Evidence
               .
            
          
           
             
               Marten
               .
            
             
               I
               have
               one
               word
               more
               ,
               my
               Lord
               ;
               I
               humbly
               desire
               that
               the
               Jury
               would
               take
               notice
               ,
               That
               though
               I
               am
               accused
               in
               the
               Name
               of
               the
               King
               ,
               that
               if
               I
               be
               acquitted
               the
               King
               is
               not
               Cast
               :
               It
               doth
               not
               concern
               the
               King
               that
               the
               Prisoner
               be
               Condemned
               ,
               it
               concerns
               him
               that
               the
               Prisoner
               be
               Tried
               ;
               it
               is
               as
               much
               to
               his
               Interest
               ,
               Crown
               ,
               and
               Dignity
               ,
               that
               the
               Innocent
               be
               acquitted
               ,
               as
               that
               the
               Nocent
               be
               condemned
               .
            
          
           
             
               Mr.
               Sol.
               Gen.
               
            
             
               My
               Lord
               ,
               this
               puts
               us
               now
               upon
               the
               reputation
               of
               our
               Evidence
               ;
               and
               you
               may
               see
               how
               necessary
               it
               is
               to
               distinguish
               between
               Confidence
               and
               Innocence
               ;
               for
               this
               very
               Person
               that
               desires
               you
               to
               have
               a
               care
               how
               you
               condemn
               the
               Innocent
               ,
               he
               doth
               seem
               to
               intimate
               to
               you
               ,
               that
               he
               is
               an
               innocent
               Person
               at
               the
               Bar
               ;
               and
               yet
               confesses
               he
               did
               sit
               upon
               the
               King
               ,
               did
               Sentence
               him
               to
               Death
               ,
               that
               he
               signed
               the
               Warrant
               for
               the
               Execution
               ,
               and
               yet
               here
               stands
               
               that
               Person
               that
               desires
               you
               to
               have
               a
               care
               of
               condemning
               Innocence
               :
               What
               is
               this
               at
               the
               bottom
               of
               it
               ,
               but
               that
               my
               Fact
               is
               such
               as
               I
               dare
               not
               call
               it
               Innocence
               ,
               but
               would
               have
               you
               to
               believe
               it
               such
               .
               Gentlemen
               of
               the
               Jury
               ,
               was
               it
               your
               intention
               the
               King
               should
               be
               so
               tried
               ,
               as
               this
               Prisoner
               moved
               ?
               It
               will
               concern
               you
               to
               declare
               ,
               That
               the
               People
               of
               England
               do
               abhor
               his
               Facts
               and
               Principles
               ,
               every
               Fact
               the
               Prisoner
               hath
               confessed
               himself
               ,
               the
               sitting
               in
               that
               Court
               ,
               which
               was
               Treason
               ;
               his
               Sentencing
               was
               Treason
               ;
               signing
               the
               Warrant
               for
               Execution
               was
               the
               highest
               of
               Treasons
               :
               Gentlemen
               ,
               all
               that
               he
               hath
               to
               say
               for
               himself
               is
               ,
               there
               was
               an
               Authority
               of
               his
               own
               making
               ,
               whereby
               he
               becomes
               innocent
               ;
               But
               we
               hope
               out
               of
               his
               own
               Mouth
               you
               will
               find
               him
               guilty
               .
            
          
           
             
               Gilbert
               Millington
               .
            
             
               I
               desire
               you
               to
               hear
               me
               ;
               I
               come
               not
               hither
               to
               dispute
               ,
               but
               to
               acknowledg
               ;
               I
               will
               not
               trouble
               you
               with
               long
               Discourses
               .
               My
               Lord
               ,
               it
               is
               not
               fit
               for
               wise
               Men
               to
               hear
               them
               ,
               I
               am
               not
               able
               to
               express
               them
               ,
               I
               will
               not
               justifie
               my self
               ,
               I
               will
               acknowledg
               my self
               Guilty
               .
               My
               Lord
               ,
               The
               reason
               why
               I
               said
               the
               last
               day
               
                 Not
                 Guilty
              
               ,
               was
               ,
               in
               respect
               of
               being
               upon
               the
               Scaffold
               ,
               and
               murthering
               the
               King
               ,
               and
               those
               things
               ;
               but
               I
               will
               wave
               all
               things
               if
               your
               Lordship
               will
               give
               me
               leave
               ,
               and
               will
               go
               unto
               the
               lowest
               strain
               that
               possible
               can
               be
               ;
               I
               will
               confess
               my self
               Guilty
               every
               way
               .
               I
               was
               awed
               by
               the
               present
               Power
               then
               in
               being
               .
               This
               I
               leave
               with
               you
               ,
               and
               lay
               my self
               at
               your
               feet
               ,
               and
               have
               no
               more
               at
               all
               to
               say
               ,
               but
               a
               few
               words
               in
               a
               Petition
               ,
               which
               I
               desire
               you
               will
               please
               to
               accept
               ,
               and
               so
               I
               conclude
               .
            
          
           
             
               Counsel
               .
            
             
               We
               do
               accept
               this
               honest
               and
               humble
               Confession
               ,
               —
               and
               shall
               give
               no
               evidence
               against
               him
               to
               aggravate
               the
               Matter
               .
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               Your
               Petition
               is
               accepted
               ,
               and
               shall
               be
               read
               .
            
          
           
             
               Robert
               Titchburne
               .
            
             
               My
               Lord
               ,
               when
               I
               first
               pleaded
               to
               the
               Indictment
               ,
               it
               was
               ,
               
                 Not
                 Guilty
                 in
                 manner
                 and
                 form
                 as
                 I
                 stood
                 Indicted
                 .
              
               My
               Lord
               ,
               it
               was
               not
               then
               in
               my
               Heart
               ,
               either
               to
               deny
               or
               justify
               any
               tittle
               of
               the
               matter
               of
               Fact
               :
               My
               Lord
               ,
               
               The
               Matter
               that
               I
               was
               led
               into
               by
               ignorance
               ,
               my
               Conscience
               leads
               me
               to
               acknowledg
               :
               But
               ,
               my
               Lord
               ,
               if
               I
               should
               have
               said
               Guilty
               in
               manner
               and
               form
               as
               I
               stood
               Indicted
               ,
               I
               was
               fearful
               I
               should
               have
               charged
               my
               own
               Conscience
               ,
               as
               then
               knowingly
               and
               maliciously
               to
               act
               it
               .
               My
               Lord
               ,
               it
               was
               my
               unhappiness
               to
               be
               call'd
               to
               
                 so
                 sad
                 a
                 Work
              
               ,
               when
               I
               had
               so
               few
               years
               over
               my
               head
               :
               A
               Person
               neither
               bred
               up
               in
               the
               Laws
               ,
               nor
               in
               Parliaments
               where
               Laws
               are
               made
               .
               I
               can
               say
               with
               a
               clear
               Conscience
               ,
               I
               had
               no
               more
               enmity
               in
               my
               heart
               to
               his
               Majesty
               ,
               than
               I
               had
               to
               my
               Wife
               that
               lay
               in
               my
               bosom
               .
               My
               Lord
               ,
               I
               shall
               deny
               nothing
               ;
               After
               I
               was
               summoned
               ,
               I
               think
               truly
               I
               was
               at
               most
               of
               the
               Meetings
               ;
               and
               I
               do
               not
               say
               this
               ,
               that
               I
               did
               not
               intend
               to
               say
               it
               before
               ,
               but
               preserving
               that
               Salvo
               to
               my
               own
               Conscience
               ,
               That
               I
               did
               not
               maliciously
               and
               knowingly
               do
               it
               ,
               I
               think
               I
               am
               bound
               in
               Conscience
               to
               own
               it
               :
               As
               I
               do
               not
               deny
               but
               I
               was
               there
               ,
               so
               truly
               I
               do
               believe
               I
               did
               sign
               the
               Instrument
               :
               And
               had
               I
               known
               that
               then
               which
               I
               do
               now
               ,
               (
               I
               do
               not
               mean
               ,
               my
               Lord
               ,
               my
               Afflictions
               and
               Sufferings
               ,
               it
               is
               not
               my
               Sufferings
               make
               me
               acknowledg
               )
               I
               would
               have
               chosen
               a
               red
               hot
               Oven
               to
               gone
               into
               as
               soon
               as
               that
               Meeting
               :
               I
               bless
               God
               ,
               I
               do
               this
               neither
               out
               of
               fear
               ,
               nor
               hopes
               of
               favour
               ,
               though
               the
               penalty
               that
               may
               attend
               this
               acknowledgment
               may
               be
               grievous
               :
               My
               Lord
               ,
               I
               do
               acknowledg
               the
               Matter
               of
               Fact
               ,
               and
               do
               solemnly
               profess
               ,
               I
               was
               led
               into
               it
               for
               want
               of
               years
               ,
               I
               do
               not
               justify
               either
               the
               Act
               or
               the
               Person
               ;
               I
               was
               so
               unhappy
               then
               as
               to
               be
               ignorant
               ,
               and
               I
               hope
               shall
               not
               now
               (
               since
               I
               have
               more
               light
               )
               justify
               that
               which
               I
               was
               ignorant
               of
               ,
               I
               am
               sure
               my
               Heart
               was
               without
               malice
               ;
               if
               I
               had
               been
               only
               asked
               in
               matter
               of
               Fact
               at
               first
               ,
               I
               should
               have
               said
               the
               same
               ,
               I
               have
               seen
               a
               little
               ;
               The
               Great
               God
               before
               whom
               we
               all
               stand
               ,
               hath
               shewn
               his
               tender
               mercy
               to
               Persons
               upon
               repentance
               ;
               Paul
               tells
               us
               ,
               Though
               a
               Blasphemer
               ,
               and
               a
               Persecuter
               of
               Christ
               ,
               it
               being
               done
               ignorantly
               ,
               upon
               repentance
               he
               found
               mercy
               :
               My
               Lord
               ,
               Mercy
               I
               have
               found
               ,
               and
               I
               do
               not
               doubt
               ,
               but
               mercy
               I
               shall
               find
               .
               My
               Lord
               ,
               I
               came
               in
               upon
               the
               Proclamation
               ,
               and
               now
               I
               am
               here
               ,
               I
               have
               in
               truth
               given
               your
               Lordship
               a
               clear
               and
               full
               account
               ,
               what
               ever
               that
               Law
               shall
               
               pronounce
               ,
               because
               I
               was
               ignorant
               ;
               yet
               I
               hope
               there
               will
               be
               room
               found
               for
               that
               Mercy
               and
               Grace
               that
               I
               think
               was
               intended
               by
               the
               Proclamation
               ,
               and
               I
               hope
               by
               the
               Parliament
               of
               England
               .
               I
               shall
               say
               no
               more
               ,
               but
               in
               pleading
               of
               that
               ,
               humbly
               beg
               that
               your
               Lordships
               will
               be
               instrumental
               to
               the
               King
               and
               Parliament
               on
               that
               behalf
               .
               —
            
          
           
             
               Counsel
               .
            
             
               We
               shall
               give
               no
               evidence
               against
               the
               Prisoner
               ;
               he
               says
               he
               did
               it
               ignorantly
               ,
               and
               I
               hope
               and
               do
               believe
               he
               is
               penitent
               ;
               and
               as
               far
               as
               the
               Parliament
               thinks
               fit
               to
               shew
               mercy
               ,
               I
               shall
               be
               very
               glad
               .
            
          
           
             
               Owen
               Rowe
               .
            
             
               I
               have
               not
               much
               to
               say
               ,
               I
               never
               had
               any
               ability
               ;
               therefore
               ,
               my
               Lord
               ,
               it
               was
               never
               my
               intent
               upon
               my
               Plea
               ,
               as
               was
               said
               before
               ,
               to
               deny
               any
               thing
               I
               have
               done
               ;
               for
               I
               was
               clearly
               convinced
               ,
               that
               I
               ought
               to
               confess
               it
               before
               ,
               and
               I
               do
               confess
               against
               my self
               ,
               that
               I
               did
               sit
               there
               several
               times
               ,
               and
               to
               the
               best
               of
               my
               remembrance
               ,
               I
               did
               sign
               and
               seal
               the
               Warrant
               for
               his
               Execution
               ;
               and
               truly
               ,
               my
               Lord
               ,
               it
               was
               never
               in
               my
               heart
               to
               contrive
               a
               Plot
               of
               this
               nature
               .
               How
               I
               came
               there
               I
               do
               not
               know
               ,
               I
               was
               very
               unfit
               for
               such
               a
               Business
               ,
               and
               I
               confess
               I
               did
               it
               ignorantly
               ,
               not
               understanding
               the
               Law
               ,
               so
               was
               carried
               away
               hidden
               in
               the
               Business
               ,
               not
               understanding
               what
               I
               did
               ;
               therefore
               ,
               my
               Lord
               ,
               I
               humbly
               intreat
               this
               honourable
               Court
               ,
               that
               you
               will
               consider
               of
               it
               ,
               and
               look
               upon
               me
               as
               one
               that
               out
               of
               ignorance
               did
               it
               ;
               and
               if
               I
               had
               known
               of
               my
               Act
               ,
               I
               would
               rather
               have
               been
               torn
               in
               pieces
               with
               a
               thousand
               Horses
               .
               When
               I
               heard
               of
               the
               Declaration
               and
               gracious
               Pardon
               of
               his
               Majesty
               ,
               I
               confess
               I
               went
               to
               my
               Lord
               Mayors
               &
               laid
               hold
               of
               it
               ;
               and
               I
               thought
               my
               life
               as
               secure
               as
               it
               is
               now
               in
               my
               own
               hands
               :
               But
               I
               do
               wholly
               cast
               my self
               upon
               the
               King's
               Mercy
               ;
               and
               as
               I
               have
               heard
               he
               is
               a
               gracious
               King
               ,
               full
               of
               lenity
               and
               mercy
               ,
               so
               I
               hope
               I
               shall
               find
               it
               .
               I
               was
               never
               against
               Government
               ,
               it
               is
               a
               blessed
               thing
               that
               we
               have
               it
               ,
               I
               hope
               all
               the
               Nations
               will
               be
               happy
               under
               it
               .
               I
               shall
               submit
               to
               his
               Majesty
               and
               Government
               ;
               I
               can
               say
               no
               more
               ,
               I
               was
               not
               brought
               up
               a
               Scholar
               ,
               but
               was
               a
               Tradesman
               ,
               and
               was
               meerly
               ignorant
               when
               I
               went
               on
               in
               that
               Business
               ;
               I
               do
               humbly
               intreat
               your
               
               Lordships
               ,
               that
               you
               would
               as
               tenderly
               as
               may
               be
               ,
               present
               my
               case
               to
               the
               King
               ,
               whom
               I
               rest
               upon
               ,
               and
               leave
               all
               to
               your
               Lordships
               wisdom
               and
               discretion
               to
               do
               what
               you
               will
               concerning
               me
               .
               —
            
          
           
             
               Counsel
               .
            
             
               We
               accept
               his
               Confession
               ,
               and
               do
               hope
               he
               is
               penitent
               before
               God
               ,
               as
               well
               as
               before
               the
               World.
               
            
          
           
             
               Robert
               Lilburn
               .
            
             
               Be
               pleased
               to
               give
               me
               leave
               to
               speak
               a
               few
               words
               ,
               I
               shall
               be
               ingenuous
               before
               your
               Lordships
               .
               I
               shall
               not
               wilfully
               nor
               obstinately
               deny
               the
               Matter
               of
               Fact
               ;
               But
               ,
               my
               Lord
               ,
               I
               must
               ,
               and
               I
               can
               with
               a
               very
               good
               Conscience
               say
               ,
               That
               what
               I
               did
               ,
               I
               did
               it
               very
               innocently
               ,
               without
               any
               intention
               of
               Murder
               ;
               nor
               was
               I
               ever
               Plotter
               or
               Contriver
               in
               that
               Murder
               ;
               I
               never
               read
               in
               the
               Law
               ,
               nor
               understood
               the
               Case
               throughly
               ;
               What-ever
               I
               have
               done
               ,
               I
               have
               done
               ignorantly
               .
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               Because
               you
               shall
               not
               be
               mistaken
               in
               your
               words
               ,
               God
               forbid
               that
               we
               should
               carp
               at
               your
               words
               ;
               the
               word
               Innocent
               hath
               a
               double
               acceptation
               ,
               Innocent
               in
               respect
               of
               Malice
               ,
               and
               Innocent
               in
               respect
               of
               the
               Fact.
               
            
          
           
             
               Lilburn
               .
            
             
               The
               truth
               is
               ,
               my
               Lord
               ,
               I
               was
               for
               the
               withdrawing
               of
               the
               Court
               ,
               when
               the
               King
               made
               the
               motion
               to
               have
               it
               withdrawn
               ;
               and
               upon
               the
               day
               (
               my
               Lord
               )
               that
               the
               King
               was
               put
               to
               death
               ,
               I
               was
               so
               sensible
               of
               it
               ,
               that
               I
               went
               to
               my
               Chamber
               and
               mourn'd
               ,
               and
               would
               ,
               if
               it
               had
               been
               in
               my
               power
               ,
               have
               preserved
               his
               life
               .
               My
               Lord
               ,
               I
               was
               not
               at
               all
               any
               disturber
               of
               the
               Government
               .
               I
               never
               interrupted
               the
               Parliament
               at
               all
               .
               I
               had
               no
               hand
               in
               those
               things
               ,
               neither
               in
               1648
               ,
               nor
               at
               any
               other
               time
               .
               I
               shall
               humbly
               beg
               the
               favour
               of
               the
               King
               ,
               that
               he
               would
               be
               pleased
               to
               grant
               me
               his
               Pardon
               ,
               according
               to
               his
               Declaration
               ,
               which
               I
               laid
               hold
               on
               ,
               and
               rendred
               my self
               according
               to
               the
               Proclamation
               .
            
          
           
             
               Counsel
               .
            
             
               We
               shall
               say
               nothing
               against
               him
               .
            
          
           
             
               Henry
               Smith
               .
            
             
               My
               Lord
               ,
               I
               shall
               not
               desire
               to
               spend
               your
               Lordships
               time
               ;
               what
               I
               have
               done
               ,
               I
               did
               it
               ignorantly
               ,
               not
               knowing
               what
               I
               did
               .
               I
               shall
               not
               deny
               the
               matter
               of
               
               Fact
               ,
               but
               as
               to
               that
               I
               pleaded
               
                 Not
                 Guilty
              
               before
               ,
               it
               was
               in
               relation
               to
               that
               which
               I
               was
               ignorant
               of
               ,
               the
               Law
               of
               the
               Nation
               ;
               I
               have
               not
               been
               bred
               to
               it
               ,
               I
               humbly
               desire
               your
               Lordships
               to
               consider
               ,
               that
               what
               I
               did
               was
               done
               ignorantly
               ,
               not
               knowing
               the
               Law.
               
            
          
           
             
               Counsel
               .
            
             
               What
               was
               that
               ?
            
          
           
             
               Smith
               .
            
             
               I
               do
               confess
               that
               I
               sat
               in
               the
               Court
               ,
               I
               do
               not
               remember
               that
               I
               signed
               or
               sealed
               ,
               (
               both
               the
               Warrants
               being
               shewed
               him
               )
               adds
               ,
               My
               Lord
               ,
               I
               confess
               the
               hands
               are
               like
               mine
               ,
               but
               whether
               they
               be
               so
               or
               no
               I
               know
               not
               .
            
          
           
             
               Counsel
               .
            
             
               Then
               we
               will
               prove
               it
               .
               Is
               the
               Seal
               yours
               ?
            
          
           
             
               Smith
               .
            
             
               I
               do
               not
               know
               .
            
          
           
             
               Counsel
               .
            
             
               Do
               you
               confess
               you
               were
               in
               the
               
                 Painted
                 Chamber
              
               the
               29th
               of
               January
               ?
               Do
               you
               remember
               any
               thing
               of
               that
               ?
            
          
           
             
               Smith
               .
            
             
               I
               do
               not
               certainly
               know
               that
               ?
            
          
           
             
               Counsel
               .
            
             
               My
               Lord
               ,
               he
               hath
               said
               enough
               ;
               Shall
               the
               Jury
               doubt
               of
               that
               which
               he
               believes
               ?
            
          
           
             
               Smith
               .
            
             
               I
               do
               not
               remember
               that
               I
               did
               write
               it
               .
            
          
           
             
               Counsel
               .
            
             
               My
               Lord
               ,
               we
               press
               it
               no
               farther
               ,
               he
               hath
               confessed
               enough
               .
            
          
           
             
               Smith
               .
            
             
               My
               Lord
               ,
               what
               I
               have
               don
               ?
               I
               beseech
               you
               consider
               ;
               I
               did
               it
               in
               ignorance
               ,
               not
               knowing
               the
               Law
               ;
               there
               were
               those
               about
               me
               that
               were
               able
               to
               call
               me
               ,
               who
               were
               then
               in
               Authority
               ,
               whom
               I
               dared
               not
               disobey
               ,
               if
               so
               ,
               I
               had
               been
               in
               danger
               also
               .
            
          
           
             
               Counsel
               .
            
             
               My
               Lords
               ,
               we
               have
               done
               ,
               be
               pleased
               to
               direct
               the
               Jury
               upon
               these
               several
               Evidences
               and
               Confessions
               .
            
          
           
             
               Smith
               .
            
             
               I
               beg
               one
               word
               ,
               I
               must
               declare
               this
               ,
               I
               can
               speak
               it
               seriously
               ,
               That
               from
               the
               first
               to
               the
               last
               of
               these
               unhappy
               Wars
               ,
               I
               have
               been
               a
               Man
               of
               trouble
               and
               sorrow
               ,
               I
               have
               been
               (
               as
               many
               wiser
               Men
               have
               been
               )
               run
               upon
               Error
               .
               My
               Lord
               ,
               I
               know
               not
               what
               I
               have
               done
               ,
               I
               pray
               that
               this
               Court
               will
               be
               pleased
               to
               be
               a
               Mediator
               for
               me
               ,
               that
               I
               may
               have
               his
               Majesties
               favour
               ,
               and
               that
               this
               Petition
               may
               be
               received
               on
               my
               behalf
               .
               
                 (
                 He
                 then
                 delivered
                 his
                 Petition
                 to
                 the
                 Court.
                 )
              
               I
               can
               rejoice
               for
               that
               happy
               settlement
               that
               is
               again
               in
               the
               Nations
               ,
               and
               declare
               chearfully
               my
               humble
               submission
               to
               that
               Government
               ;
               and
               desire
               the
               Lord
               will
               bless
               and
               
               prosper
               his
               Majesty
               and
               the
               Parliament
               in
               these
               Nations
               .
               My
               Lord
               ,
               I
               rendred
               my self
               according
               to
               the
               Proclamation
               ,
               I
               shall
               say
               no
               more
               .
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               Gentlemen
               you
               of
               the
               Jury
               ;
               These
               Prisoners
               that
               stand
               before
               you
               at
               the
               Bar
               ,
               that
               is
               ,
               Mr.
               
                 Harvy
                 ,
                 Pennington
                 ,
                 Marten
                 ,
                 Millington
                 ,
                 Titchburn
                 ,
                 Roe
                 ,
                 Lilburn
                 ,
              
               and
               Mr.
               Smith
               ,
               there
               are
               eight
               ;
               these
               are
               Persons
               who
               by
               the
               
                 Act
                 of
                 Indempnity
              
               are
               to
               be
               tried
               for
               their
               Lives
               for
               the
               Treasons
               they
               have
               committed
               ,
               but
               no
               Execution
               is
               to
               be
               until
               the
               Parliament
               have
               further
               considered
               the
               Matter
               that
               is
               before
               us
               ,
               and
               you
               are
               to
               find
               the
               Matter
               of
               Fact
               ;
               What
               Mercy
               they
               shall
               find
               hereafter
               ,
               that
               is
               to
               be
               left
               (
               as
               I
               told
               you
               )
               to
               the
               consideration
               of
               the
               Parliament
               ,
               we
               are
               to
               proceed
               according
               to
               Law
               and
               Justice
               .
               They
               are
               all
               Indicted
               for
               Compassing
               and
               Imagining
               the
               Death
               of
               our
               late
               Soveraign
               Lord
               Charles
               the
               First
               ,
               of
               most
               glorious
               memory
               :
               And
               for
               that
               that
               hath
               been
               opened
               to
               you
               ,
               there
               are
               so
               many
               Overt
               Acts
               ,
               which
               are
               as
               so
               many
               Evidences
               to
               prove
               that
               Indictment
               ,
               which
               is
               the
               compassing
               and
               imagination
               of
               their
               Hearts
               to
               put
               the
               King
               to
               Death
               .
               If
               any
               one
               of
               these
               be
               proved
               ,
               that
               is
               alone
               enough
               to
               prove
               the
               Indictment
               ,
               which
               is
               the
               compassing
               and
               imagining
               of
               the
               Heart
               ,
               that
               is
               the
               Treason
               ,
               the
               other
               are
               but
               Evidences
               .
               If
               any
               thing
               burst
               forth
               from
               the
               Mouth
               ,
               or
               from
               the
               Hand
               ,
               as
               here
               it
               is
               ,
               these
               are
               Evidences
               of
               the
               imagination
               of
               the
               Heart
               :
               for
               this
               you
               have
               heard
               by
               the
               confession
               of
               all
               of
               them
               ,
               that
               they
               did
               enough
               to
               find
               the
               Indictment
               ,
               they
               have
               all
               of
               them
               confessed
               their
               sitting
               upon
               the
               King
               in
               that
               traiterous
               Assembly
               ,
               which
               they
               called
               the
               
                 High
                 Court
                 of
                 Justice
              
               .
               There
               is
               one
               of
               the
               Overt
               Acts
               expresly
               laid
               down
               in
               the
               Indictment
               ,
               they
               took
               upon
               them
               an
               Authority
               to
               consider
               how
               to
               put
               the
               King
               to
               death
               ,
               and
               that
               they
               did
               put
               the
               King
               to
               death
               ;
               but
               they
               were
               mistaken
               ,
               as
               some
               of
               them
               said
               ,
               that
               the
               actual
               murdering
               of
               the
               King
               was
               not
               their
               meaning
               .
               But
               if
               they
               did
               that
               which
               tended
               towards
               it
               ,
               they
               are
               all
               guilty
               of
               Treason
               ;
               it
               is
               all
               one
               to
               you
               if
               they
               be
               guilty
               of
               any
               of
               these
               ;
               either
               Sitting
               ,
               Sentencing
               ,
               or
               Signing
               ,
               they
               are
               guilty
               ;
               and
               all
               of
               these
               ;
               except
               two
               ,
               are
               guilty
               of
               all
               these
               .
               The
               Matter
               
               is
               clear
               and
               pregnant
               ,
               there
               is
               something
               hath
               been
               said
               by
               many
               of
               them
               with
               a
               great
               deal
               of
               expression
               of
               sorrow
               ,
               they
               did
               confess
               (
               all
               but
               one
               )
               the
               Fact
               ;
               and
               that
               which
               tended
               to
               their
               defence
               was
               ignorance
               ;
               but
               that
               doth
               not
               at
               all
               concern
               you
               .
               It
               will
               be
               taken
               in
               its
               due
               time
               into
               consideration
               ;
               the
               several
               deportments
               of
               them
               all
               ,
               that
               is
               for
               another
               Judicature
               .
               Your
               business
               is
               to
               find
               the
               Matter
               of
               Fact
               ,
               only
               this
               let
               me
               repeat
               unto
               you
               ,
               There
               is
               Mr.
               Harvy
               who
               hath
               pleaded
               several
               Matters
               which
               are
               not
               proper
               for
               you
               ,
               expressing
               his
               sorrow
               and
               penitence
               ;
               We
               shall
               not
               trouble
               you
               with
               that
               ,
               because
               they
               are
               for
               the
               consideration
               of
               another
               Court
               ,
               We
               ought
               all
               to
               have
               a
               tender
               compassion
               ,
               ought
               to
               be
               sorry
               with
               and
               for
               them
               that
               are
               sorrowful
               .
               The
               like
               of
               Alderman
               
                 Pennington
                 .
                 Marten
              
               hath
               done
               that
               which
               looks
               forward
               more
               than
               backward
               ,
               I
               could
               wish
               with
               all
               my
               heart
               ,
               he
               had
               looked
               more
               backward
               ;
               that
               is
               ,
               to
               repentance
               of
               that
               which
               is
               past
               ,
               than
               obedience
               to
               that
               which
               is
               to
               come
               ;
               it
               is
               a
               trouble
               to
               repeat
               those
               things
               which
               he
               said
               himself
               ,
               and
               truly
               I
               hope
               in
               charity
               ,
               he
               meant
               better
               than
               his
               words
               were
               .
               Millington
               he
               hath
               done
               the
               like
               with
               the
               rest
               ,
               confessed
               the
               Fact
               ,
               put
               himself
               upon
               Mercy
               wholly
               ,
               and
               said
               ,
               He
               
                 was
                 over-awed
                 by
                 the
                 present
                 Power
                 .
              
               This
               I
               repeat
               not
               as
               any
               thing
               to
               you
               ,
               who
               are
               to
               consider
               only
               Matter
               of
               Fact.
               For
               Alderman
               Titchburn
               he
               hath
               spoken
               very
               fully
               ,
               and
               truly
               very
               conscienciously
               —
               upon
               the
               whole
               Matter
               ,
               acknowledges
               his
               ignorance
               ,
               his
               sorrow
               ,
               his
               conviction
               in
               point
               of
               Conscience
               ;
               and
               I
               beseech
               God
               Almighty
               to
               incline
               his
               heart
               more
               and
               more
               to
               repentance
               .
               
                 They
                 that
                 crucified
                 Christ
              
               (
               to
               use
               his
               own
               words
               )
               
                 through
                 ignorance
                 ,
                 found
                 mercy
              
               .
               Colonel
               Roe
               ,
               He
               confesses
               the
               same
               wholly
               ,
               and
               casts
               himself
               upon
               the
               King's
               Mercy
               ,
               and
               he
               thought
               it
               a
               blessed
               thing
               that
               the
               King
               was
               restored
               again
               ,
               and
               submitted
               wholly
               to
               mercy
               ;
               and
               so
               did
               Mr.
               Lilburn
               ,
               he
               said
               he
               went
               to
               his
               Chamber
               and
               mourned
               the
               day
               the
               King
               was
               beheaded
               ;
               I
               am
               very
               glad
               he
               had
               so
               early
               a
               sense
               of
               it
               .
               
                 William
                 Smith
              
               ,
               He
               did
               it
               ignorantly
               ,
               he
               was
               not
               guilty
               thus
               far
               ;
               that
               was
               ,
               he
               was
               led
               on
               ,
               even
               like
               one
               silly
               Sheep
               that
               follows
               another
               ,
               by
               what
               relation
               I
               have
               heard
               of
               
               the
               Person
               ,
               at
               that
               time
               he
               was
               not
               thought
               fit
               to
               be
               of
               the
               Privy
               Council
               .
               There
               is
               nothing
               more
               to
               say
               to
               you
               ,
               the
               Fact
               is
               confessed
               by
               them
               all
               .
               It
               is
               so
               clear
               you
               need
               not
               go
               from
               the
               Bar.
               
            
          
           
             After
             a
             little
             consultation
             between
             the
             Jurors
             ,
             they
             returned
             to
             their
             places
             .
             —
          
           
             
               Clerk
               of
               the
               Crown
               .
            
             
               Are
               you
               agreed
               of
               your
               Verdict
               ?
            
          
           
             
               Jurors
               .
            
             
               Yes
               .
            
          
           
             
               Clerk.
               
            
             
               Who
               shall
               say
               for
               you
               .
            
          
           
             
               Jury
               .
            
             
               Our
               Foreman
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Edmond
                 Harvey
              
               hold
               up
               thy
               hand
               .
               How
               say
               you
               ,
               Is
               the
               Prisoner
               Guilty
               of
               the
               Treason
               whereof
               he
               stands
               Indicted
               and
               hath
               been
               Arraigned
               ,
               or
               not
               Guilty
               ?
            
          
           
             
               Jury
               .
            
             
               Guilty
               .
               —
            
          
           
             
               Clerk.
               
            
             
               Look
               to
               him
               Keeper
               .
            
          
           
             
               Clerk.
               
            
             
               What
               Goods
               and
               Chattels
               ?
               &c.
               
            
          
           
             
               Jury
               .
            
             
               None
               to
               our
               knowledg
               .
            
          
           
             The
             same
             question
             being
             asked
             touching
             Alderman
             
               Penington
               ,
               Henry
               Marten
               ,
               Gilbert
               Millington
               ,
            
             Alderman
             Titchborne
             ,
             Col.
             Roe
             ,
             Col.
             Lilburn
             ,
             and
             
               Henry
               Smith
            
             ,
             they
             were
             severally
             found
             Guilty
             by
             the
             Jury
             in
             manner
             aforesaid
             .
             All
             which
             Prisoners
             finding
             the
             place
             where
             they
             stood
             to
             be
             cold
             and
             unwholsome
             ,
             prayed
             the
             Court
             they
             might
             have
             leave
             to
             be
             returned
             to
             the
             Prison
             ,
             till
             the
             Court
             shall
             be
             pleased
             to
             command
             their
             further
             attendance
             ;
             which
             was
             granted
             .
          
           
             The
             rest
             of
             the
             Prisoners
             aforenamed
             ,
             together
             with
             
               W.
               Heveningham
            
             ,
             brought
             to
             the
             Bar.
             
          
           
             
               Clerk.
               
            
             
               You
               the
               Prisoners
               at
               the
               Bar
               ,
               those
               Persons
               last
               called
               of
               the
               Jury
               are
               to
               pass
               ,
               &c.
               
               If
               you
               or
               any
               of
               you
               ,
               will
               challenge
               all
               or
               any
               of
               them
               ,
               you
               must
               challenge
               them
               when
               they
               come
               to
               the
               Book
               before
               they
               be
               sworn
               .
            
          
           
             
               Clerk.
               
            
             
               Charles
               Pilfield
               ,
               Christopher
               Abdy
               ,
               George
               Terry
               ,
               Daniel
               Cole
               ,
               Anthony
               Hall
               ,
               Richard
               Abel
               ,
               Edmond
               Starnel
               ,
               Edmond
               Pit
               ,
               William
               Whitcomb
               ,
               Francis
               Dorrington
               ,
               Thomas
               Nicoll
               ,
               Robert
               Sheppard
               ,
               
                 in
                 all
                 twelve
                 ,
                 admitted
                 and
                 sworn
                 of
                 the
                 Jury
                 .
              
            
          
           
             
             
               Clerk.
               
            
             
               If
               any
               Man
               can
               inform
               ,
               &c.
               
            
          
           
             
               Clerk.
               
            
             
               John
               Downs
               
                 hold
                 up
                 thy
                 hand
              
               ,
               &c.
               
               
                 and
                 the
                 like
                 were
                 said
                 to
                 to
                 all
                 the
                 other
                 Persons
                 following
                 ,
                 viz.
                 Vincent
                 Potter
                 ,
                 Augustine
                 Garland
                 ,
                 Simon
                 Meyne
                 ,
                 James
                 Temple
                 ,
                 Peter
                 Temple
                 ,
                 Thomas
                 Waite
                 ,
                 and
                 William
                 Heveningham
                 ;
              
               
                 Look
                 upon
                 the
                 Prisoners
                 at
                 the
                 Bar
                 you
                 that
                 are
                 sworn
                 ,
                 you
                 shall
                 understand
                 that
              
               John
               Downes
               
                 the
                 Prisoner
                 at
                 the
                 Bar
                 stands
                 Indicted
                 ,
              
               &c.
               
            
          
           
             
               Kings
               Counsel
               .
            
             
               May
               it
               please
               your
               Lordships
               ,
               and
               you
               Gentlemen
               of
               the
               Jury
               ;
               The
               Prisoners
               at
               the
               Bar
               stand
               indicted
               of
               High
               Treason
               ,
               for
               compassing
               and
               imagining
               the
               Death
               of
               the
               late
               King
               Charles
               the
               First
               ,
               of
               blessed
               memory
               ;
               The
               Evidence
               by
               which
               we
               shall
               make
               out
               against
               them
               this
               Treason
               of
               their
               Heart
               ,
               in
               compassing
               and
               imagining
               the
               King's
               Death
               ,
               (
               for
               that
               is
               the
               substance
               of
               the
               Indictment
               ,
               and
               all
               that
               follows
               is
               but
               Evidence
               )
               will
               be
               by
               proving
               that
               they
               did
               sit
               as
               Judges
               in
               that
               pretended
               Court
               of
               Justice
               ,
               when
               the
               King
               stood
               a
               Prisoner
               at
               the
               Bar
               ;
               That
               they
               did
               Sentence
               him
               to
               death
               every
               one
               of
               them
               ;
               and
               we
               shall
               prove
               against
               all
               but
               one
               of
               them
               ,
               that
               they
               did
               sign
               that
               bloody
               Warrant
               for
               murthering
               of
               the
               King
               ;
               and
               against
               one
               of
               them
               that
               stands
               at
               the
               Bar
               ,
               we
               shall
               prove
               (
               to
               his
               shame
               and
               confusion
               of
               face
               )
               that
               he
               did
               spit
               in
               the
               face
               of
               our
               late
               Sovereign
               Lord.
               
            
          
           
             
               John
               Downes
               .
            
             
               My
               Lord
               ,
               I
               have
               humbly
               pleaded
               
                 Not
                 Guilty
              
               ,
               not
               with
               any
               intention
               to
               justifie
               the
               Fact
               ,
               or
               to
               extenuate
               it
               ;
               but
               my
               Lord
               ,
               in
               regard
               there
               is
               that
               charged
               in
               the
               Indictment
               ,
               that
               my
               Conscience
               saith
               I
               am
               not
               guilty
               of
               ,
               I
               durst
               not
               plead
               guilty
               ;
               otherwise
               ,
               my
               Lord
               ,
               I
               should
               not
               have
               troubled
               you
               with
               
                 Not
                 Guilty
              
               ,
               but
               should
               have
               humbly
               taken
               the
               shame
               and
               confusion
               for
               it
               ;
               it
               is
               my
               intention
               to
               put
               the
               Court
               to
               as
               little
               trouble
               as
               possible
               I
               can
               ,
               therefore
               I
               do
               most
               humbly
               intreat
               of
               your
               Lordships
               and
               the
               Court
               ,
               that
               you
               will
               permit
               me
               to
               acknowledg
               that
               which
               will
               be
               a
               sufficient
               evidence
               of
               my
               Conviction
               ,
               if
               the
               Court
               so
               please
               ,
               and
               that
               you
               will
               be
               pleased
               to
               hear
               me
               on
               my
               behalf
               ;
               if
               I
               can
               humbly
               offer
               to
               you
               some
               special
               thing
               which
               is
               not
               in
               the
               Case
               of
               another
               ,
               (
               I
               could
               wish
               it
               had
               ,
               if
               it
               had
               ,
               we
               had
               
               none
               been
               here
               )
               I
               do
               humbly
               acknowledg
               ,
               that
               to
               sit
               upon
               that
               occasion
               in
               that
               place
               ,
               is
               evidence
               enough
               to
               convince
               what
               is
               in
               the
               Heart
               ,
               except
               by
               some
               signal
               Actions
               that
               might
               happen
               from
               some
               that
               might
               shew
               how
               it
               was
               his
               unhappiness
               to
               be
               put
               into
               such
               a
               business
               ,
               yet
               had
               neither
               Malice
               nor
               Treason
               in
               his
               Heart
               :
               I
               do
               humbly
               conceive
               ,
               that
               there
               is
               that
               goodness
               in
               you
               ,
               that
               this
               Plea
               ,
               this
               Allegation
               will
               be
               most
               welcome
               to
               you
               .
               My
               Lord
               ,
               though
               there
               was
               such
               a
               thing
               ,
               such
               an
               unparallel'd
               thing
               ,
               I
               was
               thrust
               into
               this
               number
               ,
               but
               never
               was
               in
               consultatin
               about
               the
               thing
               :
               God
               is
               witness
               ,
               I
               was
               not
               put
               in
               till
               the
               Act
               was
               ready
               to
               pass
               in
               a
               second
               Commitment
               ,
               by
               one
               of
               the
               same
               number
               ;
               I
               denied
               it
               ,
               yet
               they
               said
               I
               must
               make
               one
               ,
               I
               must
               take
               my
               share
               ,
               so
               I
               came
               in
               .
               Never
               did
               I
               know
               of
               his
               Majesty's
               being
               brought
               to
               London
               till
               he
               came
               .
               My
               Lords
               ,
               In
               this
               great
               unhappiness
               ,
               I
               think
               it
               is
               some
               mitigation
               ,
               and
               I
               judg
               it
               a
               happiness
               that
               so
               wise
               ,
               prudent
               Persons
               as
               this
               Court
               consists
               of
               ,
               that
               you
               are
               my
               Judges
               that
               can
               look
               back
               ,
               my
               Lord
               ,
               and
               consider
               what
               the
               Times
               were
               then
               ;
               and
               can
               ,
               my
               Lord
               ,
               account
               it
               a
               happiness
               that
               there
               is
               a
               special
               Wisdom
               in
               you
               ,
               that
               in
               nice
               Cases
               you
               will
               be
               able
               to
               make
               a
               distinction
               .
               I
               do
               indeed
               ,
               my
               Lords
               ,
               sadly
               and
               seriously
               confess
               ,
               That
               I
               was
               divers
               times
               with
               those
               Persons
               that
               were
               called
               Judges
               of
               the
               late
               King
               ,
               at
               several
               of
               their
               Meetings
               and
               Sittings
               ;
               it
               is
               long
               ago
               ,
               I
               cannot
               say
               how
               often
               ,
               I
               was
               several
               times
               there
               .
               My
               Lord
               ,
               I
               do
               humbly
               beg
               of
               your
               Lordships
               ,
               (
               I
               will
               trouble
               you
               as
               short
               as
               I
               can
               )
               that
               you
               would
               be
               pleased
               so
               far
               to
               favour
               me
               ,
               as
               to
               give
               me
               leave
               to
               give
               you
               a
               short
               account
               of
               the
               business
               ;
               The
               last
               day
               his
               Majesty
               came
               to
               that
               which
               was
               called
               then
               a
               Court
               ,
               several
               times
               he
               was
               brought
               ,
               (
               I
               think
               thrice
               )
               and
               his
               Charge
               was
               given
               in
               words
               high
               enough
               ,
               he
               said
               ,
               He
               
                 could
                 not
                 acknowledg
                 their
                 Jurisdiction
              
               ,
               that
               was
               the
               Answer
               ,
               my
               Lord
               ,
               till
               the
               last
               day
               ,
               then
               I
               confess
               I
               was
               there
               .
               He
               that
               was
               called
               President
               ,
               did
               again
               and
               again
               tell
               him
               the
               Heads
               of
               his
               Charge
               ;
               told
               him
               ,
               he
               had
               several
               days
               given
               for
               consideration
               ,
               That
               this
               was
               the
               last
               day
               that
               the
               Court
               (
               as
               they
               call'd
               themselves
               )
               would
               give
               him
               his
               final
               Answer
               ;
               
               if
               he
               stood
               still
               to
               day
               and
               move
               to
               the
               jurisdiction
               of
               the
               Court
               ,
               they
               must
               take
               all
               
                 pro
                 Confesso
              
               ,
               and
               would
               give
               sentence
               :
               My
               Lord
               ,
               to
               this
               his
               Majesty
               indeed
               with
               a
               great
               deal
               of
               composedness
               and
               wisdom
               told
               them
               to
               this
               effect
               ,
               I
               cannot
               own
               your
               Jurisdiction
               ,
               you
               have
               power
               enough
               indeed
               ,
               I
               wish
               you
               may
               use
               it
               well
               ,
               but
               because
               you
               are
               so
               ready
               to
               give
               a
               sentence
               which
               may
               be
               sooner
               given
               then
               avoided
               ,
               I
               think
               fit
               to
               let
               you
               know
               ,
               that
               I
               have
               something
               that
               I
               desire
               to
               speak
               to
               my
               Parliament
               ,
               for
               I
               have
               something
               to
               offer
               unto
               them
               that
               will
               be
               satisfactory
               to
               you
               all
               ,
               and
               will
               be
               for
               the
               immediate
               settlement
               of
               the
               Kingdom
               in
               peace
               —
               My
               Lord
               ,
               he
               that
               was
               called
               President
               ,
               answered
               ,
               that
               no
               notice
               could
               be
               taken
               of
               any
               thing
               but
               onely
               whether
               he
               would
               answer
               to
               his
               Charge
               :
               upon
               that
               my
               Lord
               ,
               his
               Majesty
               indeed
               (
               with
               the
               greatest
               earnestness
               that
               ever
               I
               beheld
               ,
               and
               yet
               in
               no
               unseemly
               passion
               )
               told
               them
               they
               might
               soon
               repent
               of
               such
               a
               sentence
               ;
               that
               he
               did
               conjure
               them
               to
               withdraw
               once
               again
               and
               to
               consider
               of
               it
               ,
               if
               it
               were
               but
               half
               an
               hour
               ,
               or
               (
               saith
               he
               ,
               if
               that
               be
               too
               much
               for
               you
               )
               I
               will
               withdraw
               .
               My
               Lord
               ,
               here
               I
               can
               make
               my
               appeal
               to
               him
               that
               must
               judg
               me
               when
               you
               have
               done
               with
               me
               ,
               I
               had
               not
               a
               murderous
               nor
               a
               trayterous
               thought
               against
               him
               ,
               but
               ,
               Sir
               ,
               I
               confess
               such
               deep
               passions
               did
               fall
               upon
               me
               ,
               that
               truly
               my self
               I
               was
               not
               .
               I
               remember
               the
               persons
               betwen
               whom
               I
               sate
               ,
               as
               it
               fell
               out
               ,
               were
               one
               Mr.
               Cawly
               ,
               and
               Col.
               Walton
               ,
               these
               two
               I
               sate
               betwixt
               ,
               these
               were
               the
               very
               words
               I
               speak
               to
               them
               ,
               
                 Have
                 we
                 hearts
                 of
                 stone
                 ,
                 are
                 we
                 men
                 ?
              
               they
               laboured
               to
               appease
               me
               ,
               they
               told
               me
               I
               would
               ruine
               both
               my self
               and
               them
               ;
               said
               I
               ,
               if
               I
               die
               for
               it
               ,
               I
               must
               do
               it
               .
               Cromwel
               sate
               just
               the
               seat
               below
               me
               ,
               the
               hearing
               of
               me
               make
               some
               stir
               ,
               whispering
               ,
               he
               looked
               up
               to
               me
               ,
               and
               asked
               me
               ,
               if
               I
               were
               my self
               ?
               what
               I
               meant
               to
               do
               ,
               that
               I
               could
               not
               be
               quiet
               ?
               Sir
               ,
               said
               I
               ,
               No
               ,
               I
               cannot
               be
               quiet
               :
               upon
               that
               I
               started
               up
               in
               the
               very
               nick
               ,
               when
               the
               President
               commanded
               the
               Clerk
               to
               read
               the
               Sentence
               ,
               I
               stepping
               up
               ,
               and
               as
               loud
               as
               I
               could
               speak
               ,
               spoke
               to
               this
               effect
               ,
               these
               words
               ,
               or
               to
               the
               like
               purpose
               ,
               My
               Lord
               ,
               (
               said
               I
               )
               I
               am
               not
               satisfied
               to
               give
               my
               consent
               
               to
               this
               Sentence
               ,
               but
               have
               Reasons
               to
               offer
               to
               you
               against
               it
               ,
               and
               I
               desire
               the
               Court
               may
               adjourn
               to
               hear
               me
               :
               presently
               he
               stept
               up
               and
               looked
               at
               me
               ;
               Nay
               ,
               saith
               he
               ,
               if
               any
               one
               of
               the
               Court
               be
               unsatisfied
               ,
               the
               Court
               must
               adjourn
               :
               Sir
               ,
               accordingly
               they
               did
               adjourn
               into
               the
               inner
               
                 Court
                 of
                 Wards
              
               ;
               when
               they
               came
               there
               ,
               I
               was
               called
               upon
               by
               Cromwel
               to
               give
               an
               account
               why
               I
               had
               put
               this
               trouble
               and
               disturbance
               upon
               the
               Court
               ?
               I
               did
               speak
               ,
               Sir
               ,
               to
               this
               effect
               ,
               (
               it
               is
               long
               ago
               ,
               the
               very
               words
               I
               think
               I
               cannot
               speak
               )
               but
               to
               this
               effect
               I
               did
               speak
               :
               My
               Lord
               ,
               I
               should
               have
               been
               exceeding
               glad
               if
               the
               Court
               had
               been
               pleased
               to
               condescend
               to
               this
               gracious
               Expression
               ;
               but
               it
               is
               not
               too
               late
               for
               me
               :
               I
               desire
               not
               his
               Death
               but
               his
               Life
               ,
               and
               that
               the
               Nations
               may
               be
               setled
               in
               Peace
               :
               The
               King
               now
               is
               pleased
               to
               offer
               ,
               That
               if
               he
               might
               but
               speak
               with
               his
               Parliament
               ,
               he
               would
               offer
               to
               them
               such
               things
               as
               should
               be
               satisfactory
               to
               us
               all
               .
               So
               (
               said
               I
               )
               what
               would
               you
               have
               ?
               Your
               pretence
               of
               bringing
               him
               to
               these
               Proceedings
               was
               ,
               That
               after
               such
               a
               long
               and
               bloody
               War
               ,
               his
               Majesty
               would
               not
               condescend
               to
               such
               Concessions
               as
               might
               secure
               the
               Parliaments
               Party
               ;
               but
               now
               you
               hear
               him
               ,
               that
               he
               will
               give
               every
               one
               of
               us
               satisfaction
               :
               I
               told
               them
               ,
               sadly
               told
               them
               ,
               (
               I
               think
               I
               may
               truly
               say
               ,
               more
               sadly
               then
               ,
               than
               at
               this
               time
               )
               that
               if
               they
               should
               go
               precipitantly
               on
               ,
               and
               give
               Judgment
               upon
               him
               ,
               before
               they
               had
               acquainted
               the
               Parliament
               with
               what
               the
               King
               was
               pleased
               to
               offer
               ,
               we
               should
               never
               be
               able
               answer
               it
               ;
               the
               rather
               ,
               my
               Lord
               ,
               (
               and
               that
               I
               did
               press
               with
               all
               the
               little
               understanding
               that
               I
               had
               )
               if
               they
               did
               but
               consider
               the
               last
               concluded
               Order
               that
               the
               Parliament
               made
               after
               the
               passing
               of
               the
               Act
               for
               Trial
               ,
               (
               that
               which
               was
               so
               called
               )
               I
               say
               there
               was
               this
               Order
               that
               shut
               up
               all
               ,
               That
               upon
               any
               Emergency
               that
               could
               not
               at
               that
               time
               be
               thought
               on
               in
               the
               House
               ,
               the
               Court
               should
               immediately
               acquaint
               the
               House
               with
               it
               .
               My
               Lord
               ,
               I
               did
               infer
               as
               strongly
               as
               I
               could
               to
               them
               ,
               That
               if
               this
               were
               not
               Emergent
               ,
               I
               could
               not
               tell
               what
               was
               :
               The
               King
               denied
               the
               Jurisdiction
               of
               the
               Court
               ,
               and
               yet
               with
               all
               vehemency
               desired
               to
               speak
               with
               his
               Parliament
               ;
               were
               not
               these
               Emergencies
               ?
               if
               not
               ,
               I
               knew
               not
               
               what
               were
               Emergences
               .
               My
               Lords
               ,
               Besides
               this
               ,
               there
               was
               another
               thing
               I
               did
               press
               ,
               that
               I
               thought
               was
               of
               greater
               consequence
               than
               this
               ,
               as
               to
               the
               satisfaction
               of
               every
               Man
               's
               particular
               Conscience
               ;
               that
               admitting
               (
               if
               it
               might
               be
               admitted
               )
               that
               the
               King
               was
               liable
               to
               his
               Subjects
               ,
               that
               they
               might
               call
               him
               to
               an
               account
               ,
               and
               might
               condemn
               him
               ,
               (
               I
               beg
               your
               pardon
               that
               I
               take
               the
               boldness
               to
               make
               such
               admissions
               )
               but
               if
               such
               a
               thing
               might
               be
               admitted
               ,
               certainly
               it
               did
               exceedingly
               become
               those
               Judges
               that
               were
               to
               give
               such
               a
               Sentence
               ,
               (
               not
               against
               a
               common
               Person
               ,
               but
               against
               the
               greatest
               )
               to
               be
               very
               well
               satisfied
               in
               Matter
               of
               Fact
               ,
               to
               a
               full
               Evidence
               before
               them
               ,
               that
               such
               and
               such
               things
               that
               were
               said
               were
               true
               .
               I
               do
               acknowledg
               this
               ,
               that
               to
               the
               best
               of
               my
               apprehension
               (
               I
               wish
               it
               had
               been
               so
               to
               others
               )
               there
               was
               a
               great
               shortness
               in
               this
               ;
               I
               do
               humbly
               affirm
               this
               ,
               That
               not
               one
               Member
               of
               the
               Court
               did
               hear
               one
               Witness
               ,
               
                 Viva
                 Voce
              
               ;
               I
               did
               press
               ,
               That
               if
               the
               Court
               did
               give
               Judgment
               against
               the
               King
               ,
               without
               a
               fair
               Examination
               ,
               I
               said
               it
               was
               such
               a
               thing
               ,
               as
               no
               Judg
               at
               any
               Assizes
               would
               do
               against
               a
               common
               Person
               ;
               what
               I
               had
               was
               from
               Peters
               ,
               and
               from
               some
               private
               Whispers
               from
               one
               of
               them
               that
               is
               gone
               ,
               and
               hath
               received
               his
               Sentence
               and
               Doom
               .
               Cromwel
               did
               answer
               with
               a
               great
               deal
               of
               storm
               ,
               He
               told
               the
               President
               ,
               that
               now
               he
               saw
               what
               great
               reason
               the
               Gentleman
               had
               to
               put
               such
               a
               trouble
               and
               disturbance
               upon
               them
               ;
               saith
               he
               ,
               Sure
               he
               doth
               not
               know
               that
               he
               hath
               to
               do
               with
               the
               hardest
               hearted
               Man
               that
               lives
               upon
               the
               Earth
               ;
               however
               it
               is
               not
               fit
               that
               the
               Court
               should
               be
               hindred
               from
               their
               Duty
               by
               one
               peevish
               Man
               ;
               he
               said
               ,
               the
               bottom
               was
               known
               ,
               that
               he
               would
               fain
               save
               his
               old
               Master
               ,
               and
               desired
               the
               Court
               ,
               without
               any
               more
               ado
               ,
               would
               go
               and
               do
               their
               Duty
               .
               Another
               that
               spoke
               to
               me
               in
               answer
               ,
               was
               one
               that
               hath
               been
               before
               you
               ,
               and
               hath
               rereived
               his
               Sentence
               ,
               but
               is
               not
               dead
               ,
               (
               and
               I
               desire
               I
               may
               not
               name
               his
               Name
               )
               his
               answer
               was
               to
               what
               I
               have
               said
               ,
               That
               some
               Men
               were
               either
               Scepticks
               or
               Infidels
               .
               After
               this
               I
               did
               go
               into
               the
               Speaker's
               Chamber
               ,
               and
               there
               I
               did
               ease
               my
               mind
               and
               heart
               with
               tears
               ,
               God
               only
               knows
               .
               I
               have
               an
               unhappy
               memory
               ,
               I
               have
               slipt
               many
               thin●s
               .
            
          
           
             
             
               Lord
               Chief
               Baron
               .
            
             
               Remember
               your self
               by
               Papers
               if
               you
               have
               any
               ,
               no
               man
               will
               hinder
               you
               .
            
          
           
             
               Downes
               .
            
             
               I
               have
               no
               papers
               ;
               but
               my
               Lord
               for
               the
               truth
               of
               this
               I
               have
               said
               ,
               there
               are
               some
               witnesses
               that
               will
               make
               the
               substance
               ,
               the
               effect
               of
               this
               appear
               .
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               Mr.
               Downes
               ,
               there
               is
               one
               particular
               before
               you
               come
               to
               the
               witnesses
               ,
               that
               after
               all
               these
               Convictions
               ,
               you
               signed
               the
               Warrant
               :
               you
               deny
               it
               ,
               the
               Council
               will
               prove
               it
               .
            
          
           
             
               Downes
               .
            
             
               I
               did
               never
               hope
               or
               think
               that
               any
               thing
               I
               can
               say
               ,
               should
               be
               so
               satisfactory
               to
               you
               ,
               but
               things
               might
               be
               retorted
               upon
               me
               ,
               and
               perhaps
               what
               I
               thought
               might
               be
               for
               extenuating
               my
               Crime
               ,
               my
               fall
               out
               to
               my
               disadvantage
               :
               I
               understand
               you
               do
               proceed
               upon
               three
               particulars
               ,
               either
               signing
               the
               first
               Warrant
               for
               constituting
               the
               Court
               ;
               To
               my
               remembrance
               I
               know
               not
               of
               it
               ,
               if
               my
               hand
               was
               to
               it
               ,
               I
               have
               forgot
               .
            
          
           
             
               Counsel
               .
            
             
               Your
               hand
               is
               not
               to
               that
               ,
               but
               we
               mean
               your
               hand
               is
               to
               the
               Warrant
               for
               execution
               —
               pray
               shew
               it
               him
               ,
               
                 (
                 It
                 was
                 shewn
                 him
                 .
                 )
              
            
          
           
             
               Downes
               .
            
             
               My
               Lord
               ,
               how
               to
               reconcile
               that
               which
               hath
               been
               said
               before
               ,
               with
               this
               that
               comes
               after
               ,
               I
               leave
               it
               to
               you
               ,
               I
               am
               totally
               at
               a
               loss
               .
               When
               those
               times
               were
               ,
               how
               impetuous
               the
               Soldiers
               ,
               how
               not
               a
               man
               that
               durst
               either
               disown
               them
               ,
               or
               speak
               against
               them
               .
               I
               was
               threatned
               with
               my
               very
               life
               ,
               by
               the
               threats
               of
               one
               that
               hath
               received
               his
               reward
               ,
               I
               was
               induced
               to
               it
               .
               Certainly
               ,
               my
               Lord
               it
               ,
               doth
               argue
               that
               there
               was
               not
               malice
               predommant
               ;
               Love
               and
               Hatred
               cannot
               be
               at
               the
               same
               time
               in
               one
               person
               .
               Design
               ,
               my
               Lord
               ,
               what
               should
               be
               my
               design
               ?
               a
               poor
               ordinary
               mean
               man.
               Surely
               my
               Lord
               ,
               I
               could
               not
               design
               any
               great
               matters
               or
               places
               .
               I
               knew
               my self
               unfit
               ,
               I
               humbly
               beg
               you
               would
               give
               me
               leave
               to
               tell
               you
               a
               little
               what
               I
               got
               .
               —
            
          
           
             
               Mr.
               Sol.
               Gen.
               
            
             
               By
               your
               favour
               ,
               my
               Lord
               ,
               the
               Prisoners
               at
               the
               Bar
               may
               say
               what
               they
               will
               ,
               by
               way
               of
               extenuation
               ,
               but
               we
               expect
               that
               when
               they
               enter
               upon
               these
               Discourses
               they
               will
               save
               your
               Lordships
               time
               and
               ours
               ,
               by
               a
               publick
               confession
               and
               evidence
               of
               sorrow
               .
               We
               cannot
               spend
               so
               long
               time
               to
               hear
               these
               long
               Discourses
               ,
               we
               will
               rather
               prove
               it
               against
               every
               man
               singly
               .
            
          
           
             
             
               Downes
               .
            
             
               I
               will
               trouble
               you
               no
               further
               ,
               I
               do
               acknowledge
               all
               ,
               I
               humbly
               submit
               and
               beg
               your
               favour
               ,
               and
               leave
               my self
               eupon
               my
               Countrymen
               the
               Jury
               ,
               and
               beg
               the
               King's
               mercy
               specially
               .
               —
               Pray
               spare
               me
               one
               word
               ,
               that
               you
               would
               hear
               but
               a
               Witness
               or
               two
               unto
               that
               business
               .
            
          
           
             
               Counsel
               .
            
             
               He
               doth
               confess
               he
               sate
               and
               signed
               ,
               we
               beleive
               he
               is
               sorrowful
               ,
               and
               against
               his
               Conscience
               he
               did
               sign
               ,
               and
               that
               he
               did
               it
               out
               of
               a
               fear
               and
               from
               a
               threat
               ,
               that
               he
               was
               over-awed
               (
               so
               was
               the
               Hangman
               too
               :
               )
               but
               after
               he
               had
               apprehended
               this
               sorrow
               ,
               and
               declared
               his
               Judgment
               upon
               the
               fact
               ,
               he
               signed
               the
               Warrant
               .
            
          
           
             
               Downes
               .
            
             
               My
               Lord
               ,
               I
               do
               humbly
               beg
               his
               Majesties
               mercy
               ,
               I
               came
               in
               upon
               the
               Proclamation
               .
            
          
           
             
               Vincent
               Potter
               .
            
             
               My
               Lord
               ,
               my
               condition
               requires
               ease
               for
               my
               Body
               ,
               
                 (
                 he
                 had
                 a
                 fit
                 of
                 the
                 Stone
                 upon
                 him
                 at
                 that
                 same
                 time
                 )
              
               I
               pray
               that
               the
               passing
               the
               Sentence
               for
               execution
               may
               be
               suspended
               .
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               The
               Execution
               must
               be
               suspended
               ,
               for
               you
               are
               within
               that
               Qualification
               .
            
          
           
             
               Potter
               .
            
             
               I
               desire
               only
               this
               ,
               I
               am
               not
               in
               a
               condition
               to
               declare
               what
               I
               know
               and
               would
               speak
               ,
               I
               am
               mighty
               ful
               of
               pain
               ,
               if
               I
               am
               under
               that
               Qualification
               ,
               let
               me
               rest
               under
               that
               .
            
          
           
             
               Counsel
               .
            
             
               Do
               you
               confess
               the
               Indictment
               ,
               or
               will
               you
               put
               us
               to
               prove
               it
               .
            
          
           
             
               Potter
               .
            
             
               I
               am
               one
               that
               came
               in
               .
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               It
               is
               thus
               with
               you
               ,
               whether
               or
               no
               did
               you
               sit
               ,
               sign
               ,
               or
               act
               in
               this
               High
               Court
               of
               Justice
               against
               the
               King
               ?
            
          
           
             
               Potter
               .
            
             
               I
               will
               deny
               nothing
               ,
               I
               confess
               the
               fact
               ,
               but
               did
               not
               contrive
               it
               .
               I
               am
               full
               of
               pain
               .
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               According
               to
               the
               demerit
               of
               the
               Case
               in
               Law
               ,
               you
               must
               receive
               Judgment
               here
               ,
               but
               no
               execution
               of
               that
               Judgment
               shall
               be
               ,
               until
               the
               King
               by
               advice
               and
               consent
               of
               Lords
               and
               Commons
               shall
               order
               the
               execution
               of
               it
               ,
               you
               are
               to
               be
               tried
               now
               .
               Do
               you
               confess
               you
               signed
               the
               Warrant
               for
               execution
               of
               the
               King
               ?
            
          
           
             
               Potter
               .
            
             
               I
               do
               confess
               it
               ,
               my
               Lord.
               
            
          
           
             
               Counsel
               .
            
             
               We
               do
               accept
               it
               .
            
          
           
             
             
               Potter
               .
            
             
               I
               beseech
               you
               let
               me
               go
               to
               ease
               my self
               .
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               Officer
               ,
               set
               a
               Chair
               for
               him
               .
               
                 (
                 which
                 was
                 done
                 )
              
               Mr
               Potter
               sit
               down
               .
            
          
           
             
               Aug.
               Garland
               .
            
             
               May
               it
               please
               your
               Lordship
               ,
               I
               came
               here
               this
               day
               intending
               to
               have
               waved
               my
               plea
               ,
               and
               referred
               my self
               to
               this
               honourable
               Court
               ,
               to
               be
               recommended
               to
               the
               Kings
               mercy
               and
               the
               Parliament
               :
               But
               hearing
               of
               some
               scandal
               up●●
               me
               more
               then
               ever
               I
               did
               hear
               ,
               till
               within
               these
               few
               dayes
               ,
               I
               shall
               desire
               your
               favour
               in
               hearing
               of
               my
               Trial.
               
            
          
           
             
               Mr.
               Sol.
               Gen.
               
            
             
               My
               Lord
               he
               saith
               well
               ,
               for
               if
               he
               had
               confessed
               the
               Indictment
               ,
               we
               should
               not
               have
               accepted
               it
               .
               [
               Call
               the
               Witnesses
               .
               ]
            
          
           
             
               Garland
               .
            
             
               I
               do
               confess
               this
               ,
               I
               sate
               ,
               and
               at
               the
               day
               of
               Sentence
               signed
               the
               Warrant
               for
               Execution
               .
            
          
           
             
               Mr.
               Sol.
               Gen.
               
            
             
               And
               we
               will
               prove
               that
               he
               spat
               in
               the
               Kings
               face
               .
            
          
           
             
               Gar.
               
            
             
               I
               pray
               let
               me
               hear
               that
               ,
               Otherwise
               I
               would
               not
               have
               put
               you
               to
               any
               trouble
               at
               all
               .
            
          
           
             —
             Clench
             sworn
             .
          
           
             
               Counsel
               .
            
             
               Do
               you
               know
               the
               prisoner
               at
               the
               Bar
               ,
               
                 Augustine
                 Garland
              
               .
            
          
           
             
               Clench
               .
            
             
               I
               know
               him
               very
               well
               .
            
          
           
             
               Counsel
               .
            
             
               Tell
               my
               Lords
               and
               the
               Jury
               how
               you
               saw
               him
               behave
               himself
               ,
               to
               our
               Sovereign
               Lord
               the
               King
               when
               he
               was
               at
               the
               Bar.
               
            
          
           
             
               Clench
               .
            
             
               I
               was
               that
               day
               at
               Westminstar-hall
               when
               the
               King
               had
               sentence
               they
               hurried
               the
               King
               down
               ,
               this
               Mr.
               Garland
               came
               down
               stairs
               by
               them
               ,
               towards
               the
               bottome
               of
               the
               stairs
               he
               spit
               in
               his
               face
               at
               a
               little
               distance
               .
            
          
           
             
               Couns
               .
            
             
               Do
               you
               believe
               he
               did
               it
               on
               purpose
               ,
               upon
               your
               oath
               ?
            
          
           
             
               Clench
               .
            
             
               I
               suppose
               he
               did
               it
               somewhat
               suspiciously
               in
               that
               way
               ;
               I
               did
               see
               the
               King
               put
               his
               hand
               in
               his
               left
               pocket
               ,
               but
               I
               do
               not
               know
               whether
               the
               king
               wiped
               it
               off
               .
            
          
           
             
               Mr.
               Sol.
               Gen.
               
            
             
               The
               King
               wiped
               it
               off
               ,
               but
               he
               will
               never
               wipe
               it
               off
               so
               long
               as
               he
               lives
               :
               He
               hath
               confessed
               that
               he
               sate
               ,
               that
               he
               sentenced
               ,
               and
               that
               he
               signed
               :
               We
               say
               he
               contrived
               it
               at
               the
               beginning
               ,
               and
               at
               last
               bid
               defiance
               to
               the
               King
               ,
               I
               shall
               desire
               he
               may
               be
               remembred
               in
               another
               place
            
          
           
             
             
               Garland
               .
            
             
               I
               do
               not
               know
               that
               I
               was
               near
               him
               at
               that
               time
               ,
               I
               do
               not
               remember
               this
               passage
               .
               I
               am
               afraid
               he
               is
               an
               Indigent
               person
               .
               If
               I
               was
               guilty
               of
               this
               inhumanity
               ,
               I
               desire
               no
               favour
               from
               God
               Almighty
               .
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               I
               will
               tell
               you
               this
               doth
               not
               at
               all
               concern
               the
               Jury
               ,
               but
               this
               Circumstance
               possibly
               may
               be
               considered
               in
               another
               place
               .
            
          
           
             
               Gar.
               
            
             
               I
               refer
               my self
               whether
               you
               be
               satisfied
               ,
               that
               I
               did
               such
               an
               Inhumane
               act
               ,
               I
               submit
               that
               to
               you
               ;
               I
               dare
               appeal
               to
               all
               these
               Gentlemen
               here
               (
               looking
               upon
               the
               prisoners
               )
               or
               any
               other
               whether
               they
               ever
               heard
               of
               it
               ,
               nor
               I
               was
               never
               accused
               for
               such
               a
               thing
               till
               a
               few
               dayes
               since
               ;
               but
               I
               wave
               my
               plea
               ,
               and
               refer
               my self
               to
               the
               Court
               :
               Now
               ,
               my
               Lord
               ,
               this
               is
               the
               truth
               of
               my
               Case
               ,
               there
               is
               that
               honorable
               Gentleman
               ,
               the
               Speaker
               of
               the
               House
               of
               Commons
               ,
               knows
               ,
               I
               lived
               in
               Essex
               in
               the
               beginning
               of
               these
               troubles
               ,
               and
               I
               was
               inforced
               to
               forsake
               my
               habitation
               ,
               I
               came
               from
               thence
               to
               London
               ,
               where
               I
               have
               behaved
               my self
               fairly
               in
               my
               way
               .
               Afterwards
               in
               1648
               I
               was
               chosen
               a
               member
               into
               the
               Parliament
               ;
               in
               June
               1648
               I
               came
               in
               a
               Member
               of
               the
               Parliament
               .
               My
               Lord
               ,
               after
               the
               division
               of
               the
               House
               ,
               by
               the
               insolency
               of
               the
               Soldiery
               ;
               some
               came
               to
               me
               ,
               and
               desired
               me
               ,
               that
               I
               would
               go
               to
               the
               House
               ,
               I
               was
               then
               at
               my
               Chamber
               at
               
               Lincolns-Inne
               ,
               I
               forbore
               a
               Week
               and
               more
               ;
               said
               I
               ,
               I
               do
               not
               expect
               to
               be
               admitted
               ,
               for
               they
               look
               upon
               me
               as
               another
               person
               ;
               said
               they
               ,
               If
               you
               will
               go
               ,
               you
               shall
               have
               no
               contradiction
               ;
               I
               went
               ,
               and
               went
               in
               ,
               when
               I
               was
               in
               ,
               the
               first
               business
               that
               came
               was
               the
               business
               of
               Tryal
               of
               the
               King
               ,
               and
               it
               was
               put
               on
               me
               to
               be
               Chair-man
               for
               bringing
               in
               this
               Act
               for
               Tryal
               ;
               I
               did
               not
               know
               how
               to
               contradict
               that
               power
               or
               authority
               (
               be
               it
               what
               it
               will
               )
               but
               I
               must
               obey
               (
               I
               fear
               my
               ruine
               will
               follow
               it
               :
               )
               in
               that
               respect
               my
               Lord
               ,
               when
               I
               came
               there
               ,
               I
               was
               forced
               to
               run
               through
               out
               ,
               what
               they
               had
               imposed
               upon
               me
               .
               —
               Having
               seen
               me
               ,
               I
               could
               not
               shrink
               from
               them
               for
               fear
               of
               my
               own
               destruction
               ,
               and
               thereupon
               I
               did
               go
               in
               ,
               and
               did
               that
               which
               I
               have
               confessed
               to
               your
               Lordships
               ,
               not
               out
               of
               any
               malignity
               to
               his
               Majesty
               .
               I
               had
               never
               any
               disrespect
               to
               him
               in
               my
               life
               ;
               
               My
               Lord
               ,
               I
               did
               not
               know
               which
               way
               to
               be
               safe
               in
               any
               thing
               :
               without
               Doors
               was
               misery
               ,
               within
               Doors
               was
               mischief
               .
               I
               do
               appeal
               to
               all
               that
               had
               any
               thing
               to
               do
               with
               me
               ,
               that
               I
               never
               did
               any
               wrong
               to
               any
               that
               was
               of
               the
               Kings
               party
               ,
               but
               helped
               them
               as
               I
               was
               able
               .
               My
               Lord
               ,
               when
               the
               Government
               was
               thus
               tossed
               ,
               and
               turned
               ,
               and
               tumbled
               ,
               and
               I
               know
               not
               what
               ,
               and
               the
               secluded
               Members
               came
               into
               the
               House
               ,
               I
               knew
               not
               what
               to
               do
               in
               that
               case
               neither
               .
               Assoon
               as
               this
               Parliament
               had
               declared
               the
               Treaty
               ,
               which
               was
               the
               eighth
               of
               May
               ,
               the
               ninth
               of
               May
               I
               appeared
               before
               the
               right
               honourable
               the
               Lord
               Mayor
               of
               London
               ,
               and
               did
               claim
               the
               benefit
               of
               his
               Majesties
               gracious
               Declaration
               ,
               and
               to
               become
               a
               Loyal
               Subject
               ,
               as
               in
               my
               heart
               I
               alwayes
               was
               ;
               and
               my
               Lord
               Mayor
               being
               there
               ,
               I
               hope
               he
               will
               testifie
               ,
               that
               assoon
               as
               I
               heard
               of
               the
               Proclamation
               ,
               I
               rendered
               my self
               according
               to
               the
               Proclamation
               ;
               My
               Lord
               ,
               this
               hath
               been
               the
               carriage
               of
               me
               ,
               being
               alwayes
               under
               fear
               and
               force
               ,
               I
               refer
               my self
               to
               your
               Lordships
               .
            
          
           
             
               Symon
               Meyne
               .
            
             
               When
               I
               was
               last
               here
               ,
               my
               Lord
               ,
               that
               I
               did
               then
               speak
               
                 Not
                 guilty
              
               ,
               was
               not
               as
               to
               the
               matter
               of
               fact
               ,
               but
               my
               Conscience
               telling
               of
               me
               ,
               that
               I
               had
               no
               malice
               or
               ill
               intention
               to
               his
               Majesty
               ,
               that
               was
               the
               reason
               .
               For
               Matter
               of
               fact
               I
               shall
               acknowledge
               what
               I
               have
               done
               ,
               and
               lye
               at
               his
               Majesties
               feet
               for
               mercy
               .
               I
               am
               an
               ignorant
               weak
               man
               in
               the
               Law
               ,
               I
               will
               confess
               the
               fact
               .
            
          
           
             
               Couns
               .
            
             
               Did
               you
               sign
               the
               Warrant
               for
               summoning
               that
               Court
               ,
               and
               did
               you
               sign
               the
               Warrant
               for
               Execution
               of
               the
               King
               ?
            
          
           
             
               Meyne
               .
            
             
               I
               did
               sit
               in
               Court
               ?
            
          
           
             
               Counsel
               .
            
             
               Did
               you
               sign
               the
               Warrant
               for
               Execution
               ?
            
          
           
             
               Meyne
               .
            
             
               My
               Lord
               ,
               I
               knew
               not
               of
               the
               King
               's
               bringing
               up
               ,
               I
               never
               was
               at
               any
               Committee
               .
            
          
           
             
               Counsel
               .
            
             
               We
               do
               not
               ask
               you
               that
               .
               Look
               upon
               the
               Warrant
               ,
               and
               see
               if
               your
               hand
               and
               seal
               be
               not
               to
               it
               ?
            
          
           
             
               Meyne
               .
            
             
               My
               Lord
               ,
               it
               is
               my
               hand
               .
            
          
           
             
               Counsel
               .
            
             
               Then
               my
               Lord
               we
               have
               done
               .
            
          
           
             
               Meyne
               .
            
             
               My
               Lord
               ,
               I
               acknowledge
               it
               is
               my
               hand
               .
               By
               what
               importunity
               it
               my
               be
               known
               to
               some
               here
               .
               I
               was
               very
               unwilling
               
               to
               it
               ,
               I
               was
               told
               ,
               What
               fear
               was
               there
               ,
               when
               forty
               were
               there
               before
               ,
               and
               twenty
               was
               of
               the
               Quorum
               ?
               I
               was
               thereupon
               drawn
               in
               to
               set
               my
               hand
               to
               it
               .
               My
               Lord
               I
               never
               plotted
               nor
               contrived
               the
               business
               .
               There
               was
               a
               Gentleman
               that
               told
               me
               ,
               if
               I
               did
               offer
               to
               speak
               in
               the
               House
               (
               pluckt
               me
               down
               by
               the
               Coat
               ,
               and
               he
               told
               me
               I
               should
               besequestred
               as
               a
               Delinquent
               (
               the
               name
               of
               this
               person
               I
               shall
               omit
               )
               saith
               he
               ,
               you
               will
               rather
               lose
               your
               estate
               ,
               then
               take
               away
               the
               King's
               life
               .
               I
               leave
               it
               with
               you
               .
            
          
           
             
               James
               Temple
               .
            
             
               At
               the
               last
               time
               I
               pleaded
               to
               the
               Indictment
               
                 Not
                 guilty
              
               ,
               but
               I
               shall
               now
               desire
               to
               see
               my
               hand
               ,
               and
               if
               it
               be
               my
               hand
               ,
               I
               must
               confess
               all
               ,
               circumstances
               must
               follow
               .
               
                 (
                 The
                 Warrants
                 being
                 shewn
                 him
                 )
              
               I
               do
               accknowledge
               it
               is
               my
               hand
               to
               both
               ,
               I
               never
               did
               consult
               concerning
               the
               Court.
               
            
          
           
             
               Counsel
               .
            
             
               There
               are
               some
               worse
               then
               he
               ,
               but
               he
               is
               bad
               enough
               .
            
          
           
             
               James
               Temple
               .
            
             
               I
               refer
               my self
               to
               the
               King
               and
               Parliament
               ,
               and
               presented
               a
               Petition
               ,
               which
               was
               received
               by
               the
               Court.
               
            
          
           
             
               Peter
               Temple
               .
            
             
               When
               I
               was
               here
               the
               last
               time
               ,
               I
               pleaded
               
                 Not
                 guilty
              
               —
               the
               reason
               was
               ,
               because
               there
               are
               divers
               things
               in
               the
               Indictment
               ,
               that
               my
               Conscience
               tells
               me
               I
               am
               not
               guilty
               of
               ,
               for
               I
               had
               not
               a
               malicious
               or
               trayterous
               heart
               against
               the
               King.
               To
               save
               your
               Lordships
               time
               ,
               I
               will
               confess
               what
               I
               am
               guilty
               of
               .
               I
               was
               in
               the
               Court
               ,
               sate
               there
               ,
               if
               I
               see
               my
               hand
               ,
               I
               shall
               confess
               it
               .
            
          
           
             
               Counsel
               .
            
             
               Were
               you
               there
               when
               Sentence
               was
               given
               ?
            
          
           
             
               Temple
               .
            
             
               Yes
               Sir.
               
            
          
           
             
               Counsel
               .
            
             
               Shew
               him
               the
               Warrants
               
                 (
                 which
                 being
                 shewed
                 him
                 )
              
               I
               acknowledge
               they
               are
               my
               hand
               ,
               and
               refer
               it
               to
               your
               Lordships
               .
            
          
           
             
               Counsel
               .
            
             
               Mr.
               Wayte
               ,
               you
               heard
               the
               Charge
               read
               against
               you
               ,
               what
               say
               you
               to
               it
               ?
            
          
           
             
             
               Thomas
               Waite
               .
            
             
               Truly
               my
               Lord
               ,
               when
               I
               was
               here
               last
               ,
               I
               pleaded
               not
               guilty
               ,
               I
               humbly
               desired
               then
               your
               Lordships
               to
               hear
               me
               a
               word
               or
               two
               .
               You
               promised
               me
               then
               I
               should
               be
               heard
               ,
               I
               shall
               desire
               to
               speak
               for
               my self
               .
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               God
               forbid
               but
               you
               should
               .
            
          
           
             
               Mr.
               Sol.
               G.
               
            
             
               By
               your
               Lordships
               favour
               we
               must
               speak
               first
               if
               he
               will
               confess
               the
               fact
               ,
               he
               my
               speak
               what
               he
               will.
               Did
               you
               sit
               in
               the
               Court
               ?
            
          
           
             
               Waite
               .
            
             
               Yes
               .
            
          
           
             
               Counsel
               .
            
             
               The
               day
               of
               Sentence
               ?
            
          
           
             
               Waite
               .
            
             
               Yes
               .
            
          
           
             
               Counsel
               .
            
             
               Is
               your
               hand
               to
               the
               Warrant
               for
               Execution
               ?
            
          
           
             
               Waite
               .
            
             
               I
               know
               not
               ,
               pray
               let
               me
               see
               it
               .
               
                 (
                 It
                 was
                 shewen
                 him
                 )
              
               My
               Lord
               I
               confess
               it
               is
               like
               my
               hand
               ,
               but
               I
               do
               not
               remember
               it
               .
            
          
           
             
               Counsel
               .
            
             
               If
               you
               do
               not
               acknowledge
               it
               ,
               it
               will
               be
               proved
               .
            
          
           
             
               Waite
               .
            
             
               Truly
               my
               Lord
               ,
               I
               do
               beleive
               it
               is
               my
               hand
               .
            
          
           
             
               Counsel
               .
            
             
               Then
               the
               Jury
               will
               not
               doubt
               it
               .
            
          
           
             
               Waite
               .
            
             
               But
               I
               desire
               to
               be
               heard
               .
               I
               am
               loath
               to
               trouble
               you
               much
               ,
               I
               will
               tell
               you
               how
               I
               was
               brought
               into
               this
               business
               .
               My
               Lord
               ,
               I
               was
               a
               Member
               of
               that
               House
               ,
               that
               erected
               this
               Court
               ,
               when
               the
               Treaty
               was
               in
               the
               Isle
               of
               Wight
               .
               Immediately
               after
               the
               Army
               came
               up
               ,
               I
               was
               utterly
               against
               that
               Act
               in
               the
               House
               .
               When
               the
               Army
               came
               up
               to
               purge
               the
               House
               ,
               I
               was
               much
               troubled
               at
               it
               ,
               I
               desired
               to
               know
               the
               Charge
               they
               had
               against
               them
               .
               Two
               or
               three
               dayes
               after
               I
               did
               move
               ,
               and
               there
               were
               other
               Gentlemen
               that
               did
               move
               to
               know
               what
               Charge
               there
               was
               .
               They
               sent
               word
               we
               should
               have
               a
               Charge
               in
               due
               time
               ,
               we
               sent
               and
               none
               came
               ,
               but
               said
               we
               should
               have
               it
               in
               due
               time
               :
               I
               went
               to
               those
               worthy
               Gent.
               to
               see
               them
               in
               prison
               ,
               and
               seeing
               nothing
               would
               be
               done
               ,
               I
               took
               my
               leave
               and
               made
               account
               to
               see
               them
               no
               more
               ,
               and
               went
               down
               into
               the
               Country
               to
               Leicester-shire
               :
               I
               was
               sent
               for
               up
               several
               times
               .
               I
               would
               not
               come
               with
               threats
               upon
               pain
               of
               Sequestration
               .
               My
               Lords
               ,
               there
               were
               Petitions
               going
               up
               
               and
               down
               in
               the
               Country
               for
               bringing
               the
               King
               to
               that
               business
               ,
               which
               was
               against
               my
               conscience
               .
               I
               went
               to
               Rutlandshire
               ,
               I
               heard
               there
               were
               some
               things
               working
               there
               ,
               I
               used
               my
               interest
               ,
               and
               I
               thank
               God
               I
               stopt
               it
               .
               I
               came
               then
               to
               London
               ,
               when
               all
               these
               things
               were
               destroyed
               I
               came
               to
               London
               :
               the
               day
               before
               the
               Sentence
               was
               given
               ,
               I
               went
               to
               the
               House
               (
               thought
               nothing
               )
               some
               were
               sent
               to
               the
               Tower
               ,
               and
               I
               was
               sent
               for
               to
               the
               House
               ,
               and
               my
               name
               was
               in
               the
               Act
               unknown
               to
               me
               ,
               but
               one
               sent
               a
               Note
               in
               my
               Lord
               Gray's
               Name
               ,
               that
               he
               would
               speak
               with
               me
               ;
               I
               went
               to
               him
               ,
               and
               I
               said
               ,
               my
               Lord
               ,
               what
               would
               you
               do
               with
               me
               ?
               saith
               he
               ,
               I
               did
               not
               send
               for
               you
               .
               Thereupon
               Cromwel
               and
               Ireton
               laid
               hold
               on
               me
               ,
               said
               they
               ,
               We
               sent
               for
               you
               ,
               you
               are
               one
               of
               the
               High
               Court.
               No
               ,
               said
               I
               ,
               not
               I
               ,
               my
               Judgement
               is
               against
               it
               :
               they
               carried
               me
               to
               the
               Court.
               When
               the
               King
               desired
               to
               speak
               with
               his
               Parliament
               ,
               I
               rising
               up
               ,
               one
               told
               me
               I
               must
               not
               be
               heard
               ,
               for
               the
               President
               was
               to
               give
               Judgement
               ,
               and
               said
               there
               was
               an
               order
               that
               none
               should
               speak
               in
               Court.
               Mr.
               Downes
               did
               move
               ,
               and
               they
               did
               adjourn
               the
               Court
               ,
               and
               I
               was
               glad
               I
               got
               out
               ,
               Cromwell
               laughed
               ,
               and
               smiled
               ,
               and
               jeared
               in
               the
               Court
               of
               Wards
               .
               I
               hope
               your
               Lordship
               will
               be
               pleased
               to
               consider
               ,
               I
               was
               no
               Contriver
               ,
               no
               Soldier
               that
               put
               the
               force
               upon
               the
               House
               ,
               that
               erected
               the
               Court
               ;
               None
               of
               the
               Law-makers
               ,
               or
               did
               any
               thing
               maliciously
               against
               the
               King.
               My
               Lord
               ,
               I
               was
               looked
               upon
               with
               an
               evil
               eye
               ,
               for
               regarding
               the
               King's
               friends
               in
               the
               Country
               :
               Gray
               he
               told
               me
               the
               King
               would
               not
               die
               ,
               I
               hope
               he
               will
               not
               ,
               said
               I.
               The
               next
               day
               on
               Monday
               ,
               I
               went
               to
               the
               House
               ,
               they
               were
               labouring
               to
               get
               hands
               for
               his
               Execution
               at
               the
               Door
               .
               I
               refused
               ,
               and
               went
               into
               the
               House
               ;
               saith
               Cromwell
               ,
               those
               that
               are
               gone
               in
               shall
               set
               their
               hands
               ,
               I
               will
               have
               their
               hands
               now
               .
               That
               night
               I
               went
               to
               the
               Lord
               Grays
               ,
               and
               he
               said
               ,
               I
               am
               afraid
               they
               will
               put
               him
               to
               death
               .
               I
               said
               so
               also
               .
               My
               Lord
               ,
               I
               have
               been
               a
               great
               sufferer
               ,
               I
               was
               drawn
               in
               ,
               trapan'd
               into
               it
               ,
               since
               being
               a
               friend
               to
               the
               Kings
               friends
               ,
               I
               am
               almost
               ruined
               in
               my
               estate
               ;
               I
               beseech
               your
               Lordships
               make
               the
               best
               interpretation
               .
               I
               hope
               you
               will
               believe
               I
               was
               no
               Contriver
               ,
               I
               humbly
               lay
               hold
               upon
               the
               Kings
               mercy
               and
               favour
               .
               I
               came
               in
               upon
               the
               Proclamation
               ,
               
               I
               pray
               that
               this
               Honourable
               Court
               ,
               will
               prefer
               my
               Petition
               to
               the
               King
               and
               both
               Houses
               of
               Parliament
               ,
               which
               the
               Court
               then
               received
               .
            
          
           
             
               William
               Heveningham
               .
            
             
               My
               Lord
               ,
               in
               1648.
               we
               were
               under
               a
               force
               ,
               under
               the
               tyranny
               of
               an
               Army
               ;
               they
               were
               our
               Masters
               :
               for
               a
               malicious
               and
               a
               traiterous
               heart
               I
               had
               not
               .
               I
               do
               absolutely
               deny
               the
               signing
               the
               Warrant
               for
               summoning
               the
               Court
               ;
               and
               also
               that
               Warrant
               for
               execution
               of
               the
               King
               ;
               at
               the
               time
               of
               sealing
               ,
               I
               had
               that
               Courage
               and
               Boldness
               that
               I
               protested
               against
               it
               .
            
          
           
             
               Counsel
               .
            
             
               We
               do
               not
               question
               him
               for
               that
               ,
               but
               for
               sitting
               in
               the
               high
               Court
               of
               Justice
               ,
               and
               that
               upon
               the
               day
               of
               the
               sentence
               ,
               do
               you
               deny
               that
               ?
            
          
           
             
               Heveningham
               .
            
             
               My
               Lord
               ,
               I
               cannot
               say
               positively
               .
            
          
           
             
               Counsel
               .
            
             
               If
               you
               deny
               the
               matter
               of
               fact
               ,
               it
               must
               be
               proved
               .
            
          
           
             
               Heveningham
               .
            
             
               I
               cannot
               say
               positively
               ,
               but
               it
               may
               be
               I
               might
               .
            
          
           
             
               Counsel
               .
            
             
               Either
               say
               positively
               you
               did
               ,
               or
               else
               let
               the
               Witnesses
               be
               call'd
               .
            
          
           
             
               Heveningham
               .
            
             
               Truly
               ,
               my
               Lord
               ,
               I
               think
               I
               did
               ,
               but
               my
               after-actions
               —
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               Mr.
               Heveningham
               ,
               that
               shall
               be
               considered
               .
            
          
           
             
               Counsel
               .
            
             
               My
               Lord
               ,
               to
               sit
               upon
               the
               day
               of
               Sentence
               was
               high
               Treason
               in
               it self
               ,
               and
               is
               an
               evidence
               of
               Compassing
               and
               Imagining
               the
               Kings
               death
               .
            
          
           
             
               Hev
               .
            
             
               I
               shall
               lay
               hold
               of
               the
               Declaration
               ,
               I
               came
               in
               upon
               the
               Proclamation
               ,
               I
               pray
               your
               Lordships
               to
               interceed
               for
               me
               to
               the
               King
               ,
               and
               both
               Houses
               of
               Parliament
               ,
               I
               pray
               the
               mercy
               of
               this
               Court.
               
            
          
           
             
               L.
               C.
               B.
               
            
             
               You
               of
               the
               Jury
               ,
               they
               have
               all
               confessed
               ,
               and
               therefore
               you
               may
               go
               together
               .
            
          
           
             
               Simon
               Meyne
               .
            
             
               My
               Lords
               ,
               I
               have
               forgot
               my
               Petition
               ,
               it
               is
               at
               my
               lodging
               ,
               I
               desire
               I
               may
               send
               it
               at
               night
               .
            
          
           
           
             
               John
               Downes
            
             and
             
               Peter
               Temple
            
             prayed
             the
             like
             favour
             .
          
           
             
               L.
               Ch.
               B.
               
            
             
               Do
               ,
               send
               them
               ,
               they
               shall
               be
               received
               .
            
          
           
             The
             Jury
             having
             consulted
             together
             a
             certain
             time
             ,
             they
             went
             to
             their
             places
             .
          
           
             
               Clerk.
               
            
             
               Gentlemen
               ,
               are
               you
               agreed
               of
               your
               verdict
               ?
            
          
           
             
               Jury
               .
            
             
               Yes
               .
            
          
           
             
               Clerk.
               
            
             
               Who
               shall
               say
               for
               you
               ?
            
          
           
             
               Jury
               .
            
             
               Our
               Fore-man
               .
            
          
           
             
               Clerk.
               
            
             
               
                 John
                 Downes
              
               ,
               hold
               up
               thy
               hand
               —
               Look
               upon
               the
               prisoner
               ,
               how
               say
               you
               ,
               is
               he
               guilty
               of
               High
               Treason
               whereof
               he
               stands
               indicted
               ,
               and
               hath
               been
               arraigned
               ,
               or
               not
               guilty
               ?
            
          
           
             
               Forem
               .
            
             
               Guilty
               .
            
          
           
             
               Clerk.
               
            
             
               Look
               to
               him
               Keeper
               .
               What
               Goods
               and
               Chattels
               ,
               &c.
               
            
          
           
             
               Forem
               .
            
             
               None
               to
               our
               knowledge
               .
            
          
           
             And
             the
             like
             verdicts
             at
             the
             same
             time
             passed
             in
             the
             same
             manner
             against
             
               Vincent
               Potter
               ,
               Augustine
               Garland
               ,
               Symon
               Meyne
               ,
               James
               Temple
               ,
               Peter
               Temple
               ,
               Thomas
               Waite
               ,
            
             and
             
               William
               Heveningham
            
             .
          
           
             
               Potter
               .
            
             
               I
               hope
               I
               may
               be
               freed
               from
               Irons
               ,
               I
               am
               in
               pain
               ,
               and
               a
               man
               of
               bulk
               .
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               We
               can
               give
               no
               order
               in
               it
               ,
               we
               must
               leave
               it
               to
               the
               Sheriff
               .
            
          
           
             
               Potter
               .
            
             
               I
               begg
               it
               of
               you
               ,
               my
               Lord.
               
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               We
               must
               leave
               it
               to
               the
               Sheriff
               .
               Mr.
               Heveningham
               ,
               You
               must
               withdraw
               from
               the
               Bar.
               
            
          
           
             
               Clerk.
               
            
             
               Officer
               ,
               bring
               down
               
                 VValler
                 ,
                 Fleetwood
                 ,
                 Hacker
                 ,
                 Axtel
                 ,
                 Hulet
                 ,
                 Penington
                 ,
                 Marten
                 ,
                 Millington
                 ,
                 Titchborne
                 ,
                 Roe
                 ,
                 Lilburne
                 ,
                 Smith
              
               and
               Harvey
               ,
               and
               set
               them
               to
               the
               Bar
               ,
               
                 which
                 was
                 done
                 accordingly
                 .
              
            
          
           
             
               Clerk.
               
            
             
               
                 Hardress
                 VValler
              
               ,
               hold
               up
               thy
               hand
               ,
               thou
               hast
               been
               Indicted
               and
               found
               guilty
               of
               High
               Treason
               ,
               what
               canst
               thou
               say
               ,
               why
               judgment
               should
               not
               pass
               on
               thee
               to
               dy
               according
               to
               Law
               ?
            
          
           
             
               VValler
               .
            
             
               My
               Lords
               ,
               I
               am
               now
               it
               seems
               Convicted
               by
               Law
               ,
               
               and
               so
               adjudged
               :
               Your
               Lordships
               the
               other
               day
               on
               my
               desire
               told
               me
               I
               might
               have
               liberty
               to
               speak
               upon
               my
               trial
               .
               I
               must
               now
               beg
               the
               like
               upon
               a
               condemned
               person
               .
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               You
               are
               Convicted
               ,
               not
               Condemned
               .
            
          
           
             
               Waller
               .
            
             
               My
               Lords
               I
               was
               the
               first
               that
               pleaded
               Guilty
               ,
               I
               bless
               God
               that
               he
               gave
               me
               a
               heart
               to
               do
               it
               ,
               I
               find
               most
               peace
               in
               the
               doing
               of
               it
               ;
               and
               since
               there
               is
               nothing
               left
               but
               hopes
               of
               Mercy
               ,
               I
               humbly
               submit
               it
               to
               your
               Lordships
               to
               hear
               me
               in
               this
               sad
               condition
               ,
               that
               that
               may
               make
               me
               seem
               more
               capable
               of
               mercy
               .
               I
               have
               ,
               my
               Lords
               ,
               been
               so
               unhappy
               to
               have
               been
               transplanted
               out
               of
               my
               Country
               these
               thirty
               years
               ,
               I
               have
               been
               but
               once
               these
               eleven
               years
               in
               England
               ,
               this
               must
               needs
               make
               me
               a
               stranger
               .
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               I
               must
               not
               hinder
               you
               ,
               because
               it
               is
               for
               mercy
               that
               you
               plead
               ,
               but
               consider
               with
               your self
               whether
               it
               will
               not
               be
               better
               to
               give
               it
               in
               a
               Petition
               :
               I
               leave
               it
               to
               you
               ,
               we
               can
               do
               nothing
               in
               point
               of
               Mercy
               ,
               but
               Judgment
               .
            
          
           
             
               Waller
               .
            
             
               Onely
               this
               (
               My
               Lord
               )
               whether
               I
               am
               not
               the
               more
               capable
               of
               your
               mercy
               ?
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               That
               you
               may
               understand
               it
               ,
               the
               Act
               of
               Indempnity
               of
               Parliament
               hath
               excepted
               you
               ;
               yet
               upon
               some
               qualifications
               ,
               we
               are
               to
               proceed
               according
               to
               Law
               ,
               that
               is
               ,
               to
               go
               to
               Conviction
               and
               Judgment
               .
               The
               Act
               sayes
               ,
               that
               after
               Judgment
               there
               shall
               be
               no
               execution
               ,
               but
               that
               it
               shall
               be
               suspended
               till
               a
               further
               Act
               of
               Parliament
               to
               be
               passed
               for
               that
               purpose
               ;
               so
               that
               in
               the
               mean
               time
               we
               are
               to
               proceed
               no
               further
               then
               Judgment
               .
               That
               which
               concerns
               Mercy
               ,
               is
               referred
               to
               another
               place
               .
               If
               you
               please
               to
               say
               any
               thing
               to
               satisfie
               us
               ,
               or
               to
               go
               by
               way
               of
               Petition
               ,
               it
               must
               be
               left
               to
               you
               ,
               but
               what
               you
               say
               for
               mercy
               is
               nothing
               to
               us
               .
            
          
           
             
               Waller
               .
            
             
               I
               humbly
               thank
               your
               Lordships
               for
               this
               clear
               and
               noble
               dealing
               ,
               and
               withall
               ,
               I
               would
               beg
               that
               these
               people
               that
               are
               witnesses
               of
               my
               shame
               and
               guilt
               ,
               may
               know
               that
               it
               was
               a
               force
               and
               temptation
               upon
               me
               ;
               I
               shall
               not
               insist
               much
               ,
               I
               have
               said
               ,
               that
               I
               did
               plead
               guilty
               ,
               which
               was
               most
               safe
               to
               my
               own
               Conscience
               ,
               yet
               I
               should
               make
               it
               appear
               ,
               that
               I
               did
               appear
               more
               to
               preserve
               the
               King
               from
               Tryal
               and
               Sentence
               ,
               then
               any
               other
               .
            
          
           
             
             
               Lord
               Finch
               .
            
             
               Sir
               
                 Hardress
                 Waller
              
               ,
               I
               have
               heard
               of
               late
               of
               your
               sorrow
               ,
               which
               I
               was
               glad
               to
               hear
               of
               ,
               because
               you
               are
               my
               kinsman
               ,
               both
               by
               your
               Father
               and
               Mothers
               side
               ,
               and
               also
               my
               Countrey-man
               ;
               I
               was
               glad
               to
               hear
               of
               your
               great
               penitence
               for
               that
               horrid
               crime
               ,
               and
               I
               would
               have
               been
               glad
               to
               have
               seen
               it
               now
               ;
               advise
               with
               your self
               whether
               you
               do
               your self
               any
               good
               in
               speaking
               to
               extenuate
               ,
               when
               you
               know
               there
               is
               no
               man
               against
               whom
               there
               are
               such
               circumstances
               of
               aggravation
               as
               against
               you
               ;
               consider
               whether
               a
               publick
               penitence
               would
               not
               be
               more
               proper
               .
            
          
           
             
               Waller
               .
            
             
               I
               beseech
               you
               report
               me
               both
               to
               his
               Majesty
               and
               Parliament
               ,
               and
               receive
               me
               into
               your
               grace
               ,
               as
               being
               penitent
               ,
               truly
               penitent
               :
               To
               say
               so
               now
               were
               a
               small
               thing
               ,
               for
               the
               fear
               of
               the
               punishment
               may
               procure
               it
               ,
               but
               I
               have
               been
               more
               penitent
               when
               no
               eye
               hath
               seen
               me
               but
               God
               ;
               when
               I
               never
               imagined
               to
               be
               questioned
               for
               this
               sin
               ,
               then
               my
               heart
               hath
               yerned
               in
               the
               business
               ;
               but
               I
               shal
               not
               trouble
               your
               Lordships
               ,
               God
               holds
               forth
               Mercy
               ,
               his
               Majesty
               holds
               forth
               Mercy
               ,
               the
               Parliament
               holds
               forth
               Mercy
               .
               My
               Lords
               ,
               let
               me
               say
               something
               to
               you
               (
               though
               it
               be
               but
               a
               word
               )
               of
               the
               violence
               ,
               and
               force
               of
               temptation
               ;
               you
               may
               have
               been
               under
               it
               ,
               or
               may
               come
               to
               it
               ;
               Christ
               himself
               was
               under
               it
               ;
               we
               find
               that
               faithful
               Abraham
               by
               the
               power
               of
               a
               Temptation
               delivered
               up
               his
               wife
               to
               commit
               Adultery
               ,
               which
               scarce
               a
               Heathen
               would
               ;
               we
               finde
               that
               valiant
               Peter
               denied
               his
               Master
               ,
               righteous
               Lot
               committed
               incest
               .
               None
               abhors
               this
               fact
               more
               then
               I
               do
               ;
               I
               have
               done
               it
               so
               long
               beforehand
               ,
               I
               need
               not
               be
               afraid
               to
               speak
               it
               in
               the
               face
               of
               the
               Judge
               of
               all
               men
               ,
               that
               is
               all
               I
               shall
               say
               .
               I
               rendred
               my self
               three
               times
               ;
               I
               had
               as
               much
               opportunity
               to
               make
               my
               escape
               as
               any
               person
               whatsoever
               .
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               It
               is
               understood
               ,
               Sir
               Hardress
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Isaac
                 Pennington
              
               hold
               up
               thy
               hand
               ,
               thou
               art
               in
               the
               same
               condition
               as
               the
               former
               ,
               what
               canst
               thou
               say
               for
               thy self
               why
               judgment
               ,
               &c.
               
            
          
           
             
               Pennington
               .
            
             
               My
               Lord
               I
               have
               said
               what
               I
               have
               to
               say
               ,
               and
               shall
               not
               trouble
               your
               Lordships
               any
               further
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Henry
                 Marten
              
               hold
               up
               thy
               hand
               ,
               thou
               art
               in
               the
               same
               condition
               ,
               what
               canst
               thou
               say
               for
               thy self
               why
               Judgment
               ,
               &c.
               
            
          
           
             
             
               Marten
               .
            
             
               I
               claim
               the
               benefit
               of
               the
               Proclamation
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Gilbert
                 Millington
              
               ,
               hold
               up
               thy
               hand
               ,
               thou
               art
               in
               the
               same
               condition
               ,
               what
               canst
               thou
               say
               for
               thy self
               why
               Judgment
               ,
               &c.
               
            
          
           
             
               Millington
               .
            
             
               I
               shall
               not
               trouble
               you
               with
               long
               discourses
               ,
               I
               will
               say
               no
               more
               but
               this
               ,
               I
               have
               made
               a
               publick
               resentment
               of
               my
               sorrow
               for
               this
               offence
               formerly
               ,
               and
               many
               times
               .
               I
               shall
               now
               desire
               no
               more
               ,
               but
               humbly
               beg
               that
               I
               may
               have
               the
               benefit
               of
               the
               Proclamation
               ,
               and
               pray
               his
               Majesties
               most
               gracious
               Pardon
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Robert
                 Tichborne
              
               ,
               hold
               up
               thy
               hand
               ,
               thou
               art
               in
               the
               same
               condition
               ,
               what
               canst
               thou
               say
               for
               thy self
               why
               Judgment
               ,
               &c
               ,
            
          
           
             
               Tichborne
               .
            
             
               My
               Lord
               ,
               I
               will
               not
               trouble
               you
               with
               any
               repititions
               ,
               I
               have
               made
               my
               humble
               request
               before
               ,
               I
               leave
               it
               with
               you
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Owen
                 Roe
              
               ,
               hold
               up
               thy
               hand
               ,
               thou
               art
               in
               the
               same
               condition
               ,
               what
               canst
               thou
               say
               for
               thy self
               why
               Judgment
               &c.
               
            
          
           
             
               Roe
               .
            
             
               My
               Lord
               ,
               I
               have
               no
               more
               to
               say
               then
               I
               said
               before
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Robert
                 Lilburn
              
               ,
               hold
               up
               thy
               hand
               ,
               thou
               art
               in
               the
               same
               condition
               ,
               what
               canst
               thou
               say
               for
               thy self
               why
               Judgment
               ,
               &c.
               
            
          
           
             
               Lilburn
               .
            
             
               I
               shall
               refer
               my self
               without
               further
               trouble
               to
               the
               Court
               ,
               my
               Lord
               ,
               I
               beg
               the
               benefit
               of
               the
               Proclamation
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Thomas
                 Waite
              
               ,
               hold
               up
               thy
               hand
               ,
               Thou
               art
               in
               the
               same
               condition
               ,
               what
               canst
               thou
               say
               for
               thy self
               why
               Judgment
               ,
               &c.
               
            
          
           
             
               Waite
               .
            
             
               I
               can
               declare
               no
               more
               than
               what
               already
               ,
               my
               heart
               is
               sorry
               for
               what
               I
               have
               done
               ,
               I
               beg
               the
               benefit
               of
               the
               Proclamation
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Edmond
                 Harvey
              
               ,
               hold
               up
               thy
               hand
               ,
               thou
               art
               in
               the
               same
               condition
               ,
               what
               canst
               thou
               say
               for
               thy self
               why
               Judgment
               ,
               &c.
               
            
          
           
             
               Harvey
               .
            
             
               My
               Lords
               ,
               I
               have
               no
               more
               then
               what
               I
               have
               said
               before
               .
            
          
           
             
             
               Clerk.
               
            
             
               
                 John
                 Downes
              
               ,
               Hold
               up
               thy
               hand
               ,
               thou
               art
               in
               the
               same
               condition
               ,
               what
               canst
               thou
               say
               for
               thy self
               why
               Judgment
               ,
               &c.
               
            
          
           
             
               Downes
               .
            
             
               I
               shall
               not
               trouble
               you
               any
               further
               ,
               I
               shall
               desire
               the
               benefit
               of
               his
               Majesties
               Proclamation
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Vincent
                 Potter
              
               ,
               hold
               up
               thy
               hand
               ,
               thou
               art
               in
               the
               same
               condition
               ,
               what
               canst
               thou
               say
               for
               thy self
               why
               Judgment
               ,
               &c.
               
            
          
           
             
               Potter
               .
            
             
               My
               Lord
               ,
               I
               do
               not
               know
               Law
               ,
               I
               understand
               it
               not
               ;
               I
               am
               not
               in
               a
               condition
               to
               speak
               what
               I
               would
               have
               willingly
               spoke
               ;
               I
               desire
               that
               God
               would
               have
               mercy
               ,
               and
               I
               look
               for
               mercy
               from
               God
               ,
               
                 and
                 wept
              
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Augustine
                 Garland
              
               ,
               Hold
               up
               thy
               hand
               ,
               thou
               art
               in
               the
               same
               condition
               ,
               what
               canst
               thou
               say
               for
               thy self
               why
               Judgment
               ,
               &c.
               
            
          
           
             
               Garland
               ,
            
             
               I
               humbly
               desire
               your
               Lordships
               charitable
               opinion
               of
               me
               :
               notwithstanding
               what
               has
               been
               objected
               against
               me
               ,
               I
               humbly
               refer
               my self
               to
               the
               Parliament
               .
            
          
           
             
               Clerk.
               
            
             
               
                 George
                 Fleetwood
              
               ,
               hold
               up
               thy
               hand
               ,
               thou
               art
               in
               the
               same
               condition
               ,
               what
               canst
               thou
               say
               for
               thy self
               why
               Judgment
               ,
               &c.
               
            
          
           
             
               Fleetwood
               .
            
             
               My
               Lord
               ,
               I
               have
               already
               confessed
               the
               fact
               ,
               I
               wish
               I
               could
               express
               my
               sorrow
               ,
               
                 and
                 wept
              
               .
            
          
           
             
               Clerk.
               
            
             
               
                 James
                 Temple
              
               ,
               hold
               up
               thy
               hand
               ,
               thou
               art
               in
               the
               same
               condition
               ,
               what
               canst
               thou
               say
               for
               thy self
               why
               Judgment
               &c.
               
            
          
           
             
               I.
               Temple
               .
            
             
               My
               Lord
               I
               can
               say
               no
               more
               ,
               I
               beg
               the
               benefit
               of
               the
               Proclamation
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Simon
                 Mayn
              
               ,
               hold
               up
               thy
               hand
               ,
               thou
               art
               in
               the
               same
               condition
               ,
               what
               canst
               thou
               say
               for
               thy self
               why
               Judgment
               ,
               &c.
               
            
          
           
             
               Mayne
               .
            
             
               I
               have
               told
               you
               before
               ,
               my
               Lord
               ,
               I
               have
               no
               more
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Peter
                 Temple
              
               ,
               hold
               up
               thy
               hand
               ,
               thou
               art
               in
               the
               same
               condition
               ,
               what
               canst
               thou
               say
               for
               thy self
               why
               Judgment
               ,
               &c.
               
            
          
           
             
             
               Peter
               Temple
               .
            
             
               My
               Lord
               I
               came
               in
               upon
               the
               Proclamation
               ,
               and
               I
               humbly
               beg
               the
               benefit
               of
               it
               .
            
          
           
             
               Cl.
               Tho.
               
            
             
               Waite
               hold
               up
               thy
               hand
               ,
               thou
               art
               in
               〈◊〉
               same
               condition
               ,
               what
               canst
               thou
               say
               for
               thy self
               ?
            
          
           
             
               Waite
               .
            
             
               My
               Lord
               ,
               I
               refer
               it
               to
               your
               Lordships
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Francis
                 Hacker
              
               ,
               hold
               up
               thy
               hand
               ,
               thou
               art
               in
               the
               same
               condition
               ,
               what
               canst
               thou
               say
               for
               thy self
               why
               Judgment
               ,
               &c.
               
            
          
           
             
               Hacker
               .
            
             
               My
               Lord.
               I
               have
               nothing
               to
               say
               ,
               but
               what
               has
               been
               before
               your
               Lordships
               .
            
          
           
             
               Clerk.
               
            
             
               
                 Daniel
                 Axtel
              
               ,
               hold
               up
               thy
               hand
               ,
               thou
               art
               in
               the
               same
               condition
               ,
               what
               canst
               thou
               say
               for
               thy self
               why
               Judgment
               &c.
               
            
          
           
             
               Axtell
               .
            
             
               May
               it
               please
               your
               Lordships
               ,
               my
               case
               differs
               from
               the
               rest
               of
               the
               Gentlemen
               .
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               I
               would
               be
               loth
               to
               hinder
               you
               ,
               but
               I
               must
               tell
               you
               ,
               that
               what
               hath
               been
               over-ruled
               must
               not
               be
               spoke
               to
               ,
               if
               you
               have
               any
               thing
               against
               the
               Indictment
               ,
               matter
               of
               Law
               ,
               go
               on
               .
            
          
           
             
               Axtell
               ,
            
             
               I
               have
               one
               thing
               more
               that
               I
               did
               not
               then
               mention
               .
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               If
               it
               tend
               not
               as
               an
               exception
               to
               the
               Indictment
               ,
               it
               is
               not
               to
               be
               heard
               .
            
          
           
             
               Axtell
               .
            
             
               My
               Lord
               ,
               then
               I
               shall
               apply
               my self
               to
               that
               point
               ,
               I
               humbly
               conceive
               my
               Lord
               ,
               that
               my
               overt
               acts
               were
               not
               sufficiently
               set
               down
               in
               the
               Indictment
               ,
               as
               might
               be
               sufficient
               in
               Law
               to
               attaint
               me
               of
               high
               Treason
               ,
               I
               do
               not
               remember
               that
               the
               Overt
               act
               that
               was
               applyed
               to
               me
               in
               evidence
               was
               charged
               in
               the
               Indictment
               ,
               I
               have
               onely
               that
               exception
               ,
               because
               of
               the
               insufficiency
               of
               that
               point
               .
               In
               the
               next
               place
               ,
               my
               Lord
               ,
               there
               is
               not
               the
               right
               additions
               to
               my
               name
               ,
               there
               are
               many
               persons
               of
               the
               same
               name
               ,
               I
               am
               arraigned
               by
               the
               name
               of
               
                 Daniel
                 Axtel
              
               of
               Westminster
               in
               the
               County
               of
               Middlesex
               ,
               Gentleman
               .
               I
               think
               none
               knew
               me
               to
               live
               there
               ,
               and
               inhabit
               there
               .
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               I
               would
               not
               interrupt
               you
               ,
               this
               is
               past
               ,
               you
               should
               have
               made
               your
               exception
               to
               that
               as
               Master
               Matten
               did
               before
               concerning
               his
               name
               ,
               that
               should
               have
               been
               
               first
               done
               ,
               you
               have
               appeared
               and
               pleaded
               to
               that
               name
               ,
               and
               it
               was
               ,
               
                 late
                 of
                 Westminster
              
               .
            
          
           
             
               Axtell
               .
            
             
               My
               Lord
               ,
               I
               have
               this
               to
               speak
               in
               arrest
               of
               Judgment
               ,
               that
               the
               Indictment
               being
               grounded
               upon
               that
               statute
               of
               the
               twenty
               fifth
               of
               Edward
               the
               third
               ,
               it
               is
               either
               mistaken
               or
               not
               pursued
               ;
               my
               Lords
               ,
               I
               did
               yesterday
               give
               you
               the
               Judgment
               of
               the
               Lords
               and
               Commons
               concerning
               the
               statute
               in
               relation
               to
               my
               case
               ,
               I
               say
               the
               Statute
               was
               mistaken
               ,
               or
               not
               pursued
               .
            
          
           
             
               Lord
               chief
               Baron
               .
            
             
               That
               was
               offered
               before
               Sir
               ,
               as
               to
               the
               matter
               of
               it
               .
            
          
           
             
               Axtell
               .
            
             
               My
               Lord
               ,
               I
               think
               not
               ,
               I
               am
               mistaken
               if
               it
               were
               .
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               Then
               open
               it
               .
            
          
           
             
               Axtell
               .
            
             
               My
               Lord
               ,
               I
               do
               not
               find
               in
               that
               statute
               ,
               that
               words
               are
               an
               overt
               act
               ,
               words
               only
               .
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               This
               was
               over-ruled
               .
               The
               things
               that
               you
               objected
               were
               these
               ,
               That
               there
               is
               not
               any
               overt
               act
               that
               is
               laid
               ,
               that
               could
               be
               applicable
               to
               your
               case
               :
               if
               it
               were
               not
               particularly
               applicable
               (
               you
               are
               found
               guilty
               by
               the
               Jury
               )
               it
               would
               be
               nothing
               :
               But
               there
               is
               an
               overt
               act
               ,
               you
               were
               present
               at
               the
               Court
               ,
               beating
               the
               Souldiers
               ,
               sending
               for
               an
               Executioner
               :
               but
               for
               words
               ,
               if
               one
               man
               should
               say
               ,
               here
               is
               the
               King
               ,
               go
               and
               kill
               him
               ,
               this
               is
               Treason
               ;
               but
               you
               were
               guilty
               in
               all
               according
               to
               Law.
               You
               being
               there
               and
               doing
               this
               ,
               you
               were
               not
               guilty
               onely
               of
               the
               words
               ,
               but
               of
               all
               that
               was
               done
               ,
               there
               is
               none
               but
               Principals
               in
               Treason
               .
               What
               we
               say
               and
               do
               to
               you
               ,
               we
               well
               know
               we
               must
               answer
               before
               God
               Almighty
               for
               it
               .
            
          
           
             
               Axtell
               .
            
             
               I
               have
               but
               one
               word
               more
               ,
               truly
               I
               do
               appeal
               to
               God
               before
               whom
               I
               shall
               have
               another
               tryall
               ,
               I
               do
               not
               find
               my self
               guilty
               either
               of
               consulting
               ,
               contriving
               ,
               or
               having
               a
               hand
               in
               the
               death
               of
               the
               King
               ,
               I
               am
               innocent
               ,
               and
               I
               pray
               God
               that
               my
               innocent
               blood
               —
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               Pray
               Sir
               —
            
          
           
             
               Axtell
               .
            
             
               May
               not
               cry
               —
            
          
           
             
               Lord
               Chief
               Baron
               .
            
             
               You
               are
               now
               to
               speak
               in
               arrest
               of
               Judgment
               .
            
          
           
             
             
               Axtell
               .
            
             
               I
               have
               no
               more
               ,
               I
               pray
               your
               Lordships
               favour
               and
               mercy
               to
               me
               .
            
          
           
             
               
                 William
                 Hulet
              
               ,
               alias
               Howlet
               ,
               hold
               up
               thy
               hand
               ,
               thou
               art
               in
               the
               same
               condition
               ,
               what
               canst
               thou
               say
               for
               thy self
               why
               Judgment
               &c.
               
            
          
           
             
               Hulet
               .
            
             
               Truly
               my
               Lord
               ,
               I
               have
               little
               further
               to
               say
               ,
               If
               you
               had
               been
               pleased
               to
               give
               me
               further
               time
               ,
               I
               should
               have
               cleared
               my self
               ,
               I
               call
               God
               above
               to
               witness
               upon
               this
               account
               ,
               that
               I
               am
               as
               clear
               as
               any
               man
               ,
               I
               submit
               to
               the
               mercy
               of
               the
               Court.
               
            
          
           
             
               L.
               Ch.
               B.
               
            
             
               For
               that
               I
               do
               (
               but
               cannot
               positively
               say
               it
               )
               that
               at
               your
               request
               (
               notwithstanding
               the
               Judgment
               will
               pass
               against
               you
               )
               there
               may
               be
               some
               time
               till
               his
               Majesties
               pleasure
               be
               known
               before
               any
               execution
               will
               be
               upon
               that
               Judgment
               against
               you
               ,
               in
               the
               mean
               time
               we
               must
               proceed
               according
               to
               Law
               and
               Justice
               .
            
          
           
             Proclamation
             for
             silence
             whilst
             Judgment
             is
             giving
             .
          
           
             
               The
               Lord
               Chief
               Barons
               speech
               
            
             
               before
               the
               Sentence
               pronounced
               against
               the
               aforenamed
               Prisoners
               found
               guilty
               .
            
             
               YOu
               that
               are
               Prisoners
               at
               the
               Bar
               ,
               you
               stand
               here
               in
               several
               Capacities
               ,
               yet
               all
               of
               you
               persons
               convicted
               of
               the
               detestable
               and
               execrable
               murder
               of
               our
               Soveraign
               Lord
               King
               Charles
               the
               first
               ,
               of
               blessed
               memory
               .
               Mistake
               me
               not
               ,
               I
               do
               not
               say
               that
               you
               are
               all
               of
               you
               guilty
               of
               executing
               the
               fact
               ,
               but
               in
               Law
               and
               in
               conscience
               
                 (
                 pro
                 tanto
              
               ,
               though
               not
               
                 pro
                 toto
              
               )
               you
               are
               guilty
               of
               it
               ,
               in
               that
               you
               prepared
               the
               way
               and
               means
               to
               it
               ,
               in
               that
               you
               brought
               his
               head
               to
               the
               block
               ,
               though
               you
               did
               not
               cut
               it
               off
               .
               You
               are
               here
               in
               three
               sorts
               ,
               and
               I
               must
               apply
               my
               words
               accordingly
               ,
               and
               truely
               I
               do
               it
               with
               as
               much
               sorrow
               of
               heart
               as
               you
               have
               ,
               many
               of
               you
               being
               persons
               of
               liberal
               education
               ,
               great
               parts
               ,
               I
               say
               you
               are
               of
               three
               sorts
               .
               There
               are
               some
               of
               you
               that
               though
               the
               Judgment
               of
               death
               is
               to
               pass
               against
               you
               ,
               by
               his
               Majesties
               grace
               and
               favour
               ,
               and
               the
               mercy
               under
               him
               ,
               of
               the
               two
               houses
               of
               Parliament
               ,
               Execution
               is
               to
               be
               suspended
               untill
               another
               Act
               of
               
               Parliament
               shall
               pass
               to
               that
               purpose
               ,
               that
               is
               ,
               all
               of
               you
               but
               three
               ;
               for
               those
               three
               ,
               the
               one
               of
               them
               that
               was
               last
               called
               ,
               
                 William
                 Heveningham
              
               ,
               he
               is
               in
               another
               capacity
               too
               ;
               for
               I
               presume
               some
               time
               will
               be
               given
               to
               him
               to
               consider
               of
               something
               relating
               to
               him
               ,
               before
               any
               order
               will
               be
               given
               for
               his
               execution
               ;
               there
               are
               two
               others
               of
               you
               ,
               and
               that
               is
               
                 Dan.
                 Axtel
              
               and
               
                 Francis
                 Hacker
              
               ,
               and
               for
               you
               ,
               as
               it
               yet
               stands
               before
               us
               ,
               there
               is
               no
               mercy
               ,
               there
               is
               no
               room
               for
               it
               :
               but
               though
               you
               be
               in
               these
               several
               Classes
               ,
               yet
               what
               I
               shall
               say
               will
               concern
               you
               all
               ,
               because
               I
               do
               not
               know
               how
               it
               may
               fall
               with
               you
               ,
               none
               of
               us
               know
               how
               soon
               we
               may
               come
               to
               our
               deaths
               ,
               some
               (
               probably
               )
               sooner
               then
               others
               ,
               all
               must
               come
               to
               it
               :
               you
               are
               now
               before
               the
               Tribunal
               of
               man
               ,
               but
               that
               is
               for
               Judgment
               for
               your
               offence
               here
               ,
               but
               there
               is
               another
               Judgment
               hereafter
               ,
               and
               a
               Tribunal
               before
               which
               both
               you
               and
               we
               must
               stand
               ,
               every
               man
               here
               ,
               and
               we
               must
               receive
               according
               to
               our
               work
               ;
               those
               that
               have
               done
               ignorantly
               ,
               by
               a
               serious
               and
               unfeigned
               repentance
               ,
               God
               Almighty
               may
               shew
               mercy
               unto
               them
               .
               He
               hath
               reserved
               mercy
               even
               for
               the
               greatest
               offenders
               .
               Saint
               Paul
               himself
               when
               he
               presecuted
               Christ
               ignorantly
               ,
               upon
               his
               repentance
               he
               found
               mercy
               ;
               those
               of
               you
               that
               are
               not
               yet
               convicted
               in
               your
               consciences
               of
               the
               foulness
               of
               this
               horrid
               fact
               ,
               look
               into
               your
               Consciences
               a
               little
               more
               ,
               and
               see
               if
               it
               be
               not
               a
               great
               Judgment
               for
               your
               former
               offence
               that
               you
               should
               be
               given
               over
               to
               a
               reprobate
               sense
               ;
               let
               me
               tell
               you
               ,
               a
               seared
               Conscience
               ,
               a
               bold
               confidence
               not
               upon
               good
               grounds
               ,
               is
               so
               far
               from
               securing
               the
               Conscience
               ,
               it
               may
               stifle
               perhaps
               the
               mouth
               of
               Conscience
               ,
               but
               it
               will
               rise
               up
               more
               in
               Judgment
               against
               you
               .
               Here
               you
               have
               made
               your
               defence
               ,
               and
               I
               do
               not
               blame
               you
               for
               it
               ;
               life
               is
               precious
               ,
               but
               remember
               the
               thoughts
               of
               your
               hearts
               are
               open
               ,
               whether
               you
               did
               it
               ignorantly
               ,
               covetously
               ,
               or
               to
               get
               the
               Government
               into
               your
               own
               hands
               ,
               that
               I
               am
               not
               able
               to
               search
               into
               ,
               God
               and
               you
               only
               know
               that
               ;
               give
               me
               leave
               to
               say
               something
               ,
               perhaps
               I
               have
               repeated
               it
               by
               parts
               before
               .
               God
               is
               my
               witness
               what
               I
               speak
               ,
               I
               speak
               from
               mine
               own
               Conscience
               ,
               and
               that
               is
               this
               ,
               Gentlemen
               ,
               because
               I
               saw
               it
               stuck
               with
               some
               of
               you
               ,
               
               that
               is
               ,
               that
               whatsoever
               the
               case
               was
               ,
               that
               by
               the
               Laws
               of
               these
               Nations
               ,
               the
               fundamental
               Laws
               ,
               there
               could
               not
               be
               any
               coercive
               power
               over
               your
               King.
               I
               speak
               it
               again
               ,
               because
               I
               would
               as
               near
               as
               I
               could
               ,
               speak
               the
               whole
               truth
               ,
               and
               would
               not
               mislead
               any
               man
               in
               such
               a
               case
               ;
               remember
               
                 that
                 no
                 power
                 ,
                 no
                 person
                 ,
                 no
                 Community
                 or
                 body
                 of
                 men
                 ,
                 (
                 not
                 the
                 people
                 ,
                 either
                 collectively
                 or
                 representatively
                 ,
                 have
                 any
                 coercive
                 power
                 over
                 the
                 person
                 of
                 the
                 King
                 by
                 the
                 fundamental
                 Laws
                 :
              
               for
               that
               ,
               Gentlemen
               ,
               I
               shall
               begin
               to
               shew
               you
               that
               which
               all
               of
               you
               might
               remember
               ,
               that
               is
               ,
               your
               oaths
               of
               Allegiance
               and
               Supremacy
               ,
               and
               to
               add
               to
               this
               that
               obligation
               which
               all
               this
               whole
               Nation
               did
               oblige
               themselves
               to
               ,
               by
               the
               Parliament
               ,
               without
               question
               then
               rightly
               represented
               and
               in
               being
               ,
               the
               first
               of
               K.
               James
               ;
               whereby
               to
               shew
               you
               ,
               that
               not
               only
               persons
               ,
               but
               the
               Body
               politick
               of
               the
               Nations
               ,
               not
               only
               the
               single
               Members
               ,
               but
               the
               Members
               in
               both
               houses
               of
               Parliament
               ,
               were
               loyal
               and
               obedient
               subjects
               to
               the
               King
               ,
               their
               head
               ,
               even
               to
               yeeld
               a
               natural
               and
               humble
               Obedience
               ,
               and
               Allegiance
               .
               I
               told
               you
               the
               Act
               of
               the
               1.
               of
               K.
               James
               ,
               when
               K.
               James
               came
               first
               into
               
                 Engl.
                 We
                 the
                 Lords
                 and
                 Com.
                 representing
                 the
                 whole
                 People
                 of
                 the
                 Nation
                 ,
              
               (
               the
               very
               words
               of
               the
               Act
               are
               so
               
                 primo
                 Jacobi
              
               ,
               Chapter
               the
               first
               ,
               )
               
                 Representing
                 the
                 whole
                 Body
                 of
                 the
                 Nation
                 ,
                 do
                 acknowledge
                 an
                 humble
                 natural
                 Leige
                 Obedience
                 to
                 the
                 King
                 ,
                 as
                 Supreme
                 ,
                 his
                 Heirs
                 and
                 Successors
                 .
                 And
                 in
                 the
                 name
                 of
                 themselves
                 and
                 all
                 the
                 people
                 ,
                 humbly
                 submit
                 themselves
                 ,
                 untill
                 the
                 last
                 drop
                 of
                 their
                 bloud
                 be
                 spent
                 in
                 defence
                 of
                 the
                 King
                 and
                 his
                 Royall
                 posterity
              
               ;
               and
               therefore
               they
               did
               oblige
               themselves
               ,
               and
               all
               the
               People
               of
               England
               ,
               as
               far
               as
               they
               could
               represent
               them
               ,
               (
               the
               words
               are
               more
               full
               then
               I
               can
               express
               them
               )
               and
               indeed
               it
               is
               so
               dark
               I
               cannot
               read
               them
               .
               They
               did
               acknowledg
               ,
               to
               be
               bound
               to
               him
               and
               his
               Imperial
               Crown
               .
               Remember
               these
               were
               not
               words
               of
               Complement
               ,
               you
               shall
               find
               that
               they
               all
               of
               them
               ,
               and
               so
               did
               so
               many
               of
               you
               as
               were
               Members
               of
               Parliament
               ,
               yea
               all
               of
               you
               ,
               before
               you
               came
               into
               the
               House
               of
               Commons
               ,
               did
               take
               the
               Oath
               of
               Allegiance
               ,
               which
               was
               made
               after
               this
               Recognition
               ,
               the
               third
               and
               fourth
               of
               King
               James
               ,
               or
               otherwise
               ,
               were
               not
               to
               be
               Members
               .
               
               What
               was
               that
               Oath
               of
               Allegiance
               that
               you
               took
               ?
               it
               was
               ,
               That
               you
               should
               defend
               the
               King
               his
               Person
               ,
               (
               that
               is
               in
               3
               Jacobi
               ,
               Chapter
               the
               fourth
               ,
               his
               Crown
               and
               Dignity
               )
               What
               was
               it
               ?
               Not
               only
               against
               the
               Pope's
               Power
               to
               depose
               ,
               but
               the
               words
               are
               ,
               
                 or
                 otherwise
              
               :
               look
               into
               the
               Act
               ,
               and
               reflect
               upon
               your
               Conscience
               ,
               and
               you
               shall
               find
               that
               all
               did
               swear
               to
               defend
               the
               King
               ,
               his
               Crown
               and
               Dignity
               ,
               and
               there
               it
               is
               called
               
                 Imperial
                 Crown
              
               .
               I
               would
               have
               you
               lay
               this
               to
               heart
               ,
               and
               see
               how
               far
               you
               have
               kept
               this
               Oath
               .
               Gentlemen
               ,
               In
               the
               Oath
               of
               Supremacy
               which
               you
               all
               took
               therein
               ,
               you
               did
               further
               acknowledg
               that
               the
               King
               was
               the
               only
               Supream
               Governour
               of
               this
               Realm
               :
               Mark
               the
               words
               ,
               I
               will
               repeat
               them
               that
               you
               may
               lay
               it
               to
               heart
               ,
               you
               that
               have
               more
               time
               to
               apply
               it
               to
               your
               Fact
               ;
               and
               you
               that
               have
               less
               time
               ,
               for
               ought
               I
               know
               ,
               you
               have
               reason
               to
               consider
               what
               I
               have
               to
               say
               ;
               you
               sware
               then
               ,
               That
               the
               King
               by
               the
               Oath
               of
               Supremacy
               ,
               which
               all
               of
               you
               have
               taken
               ,
               or
               ought
               to
               have
               taken
               ;
               if
               any
               of
               you
               have
               not
               taken
               it
               ,
               yet
               notwithstanding
               you
               are
               not
               absolved
               from
               the
               obligation
               of
               it
               ;
               but
               most
               of
               you
               did
               take
               it
               ,
               there
               you
               sware
               that
               the
               King
               is
               the
               only
               Supream
               Governor
               of
               this
               Realm
               ;
               and
               you
               sware
               there
               ,
               that
               you
               would
               defend
               all
               Jurisdictions
               ,
               Priviledges
               ,
               Preeminencies
               and
               Authorities
               granted
               or
               belonging
               to
               the
               King's
               Highness
               ,
               His
               Heirs
               and
               Successors
               ,
               or
               united
               and
               annexed
               unto
               the
               Imperial
               Crown
               of
               this
               Realm
               .
               For
               the
               first
               ;
               If
               the
               King
               be
               Supream
               ,
               then
               there
               is
               no
               co-ordination
               .
               
                 Non
                 habet
                 majorem
                 ,
                 non
                 habet
                 parem
                 ,
              
               that
               (
               word
               
                 Imperial
                 Crown
              
               )
               is
               at
               least
               in
               nine
               or
               ten
               several
               Statutes
               ;
               it
               is
               the
               very
               word
               in
               this
               Act
               that
               was
               made
               lately
               in
               pursuance
               of
               former
               Acts
               concerning
               Judicial
               Proceedings
               .
               And
               so
               in
               the
               time
               of
               King
               Charles
               ,
               they
               acknowledged
               him
               to
               be
               their
               Leige
               Sovereign
               ;
               I
               say
               that
               word
               Supream
               ,
               and
               so
               the
               word
               
                 Imperial
                 Crown
              
               ,
               is
               in
               the
               first
               of
               Queen
               Elizabeth
               ;
               the
               third
               ,
               and
               the
               eighth
               of
               Elizabeth
               ;
               the
               twenty
               fourth
               of
               Henry
               the
               Eighth
               ,
               Chap.
               12.
               there
               it
               is
               said
               this
               Kingdom
               is
               an
               
                 Imperial
                 Crown
                 ,
                 subject
                 to
                 none
                 but
                 God
                 Almighty
                 .
              
               Before
               these
               times
               ,
               you
               shall
               find
               
               in
               the
               sixteenth
               of
               Richard
               the
               Second
               ,
               the
               Statute
               of
               Praemunire
               ,
               the
               Crown
               of
               England
               subject
               to
               God
               alone
               .
               I
               will
               go
               higher
               ,
               
                 William
                 Rufus
              
               (
               some
               of
               you
               are
               Historians
               ,
               and
               you
               shall
               find
               the
               same
               in
               Eadmerus
               ,
               and
               also
               in
               
                 Matthew
                 Paris
              
               ,
               shortly
               after
               
                 William
                 Rufus
              
               his
               Time
               )
               when
               he
               wrote
               to
               the
               Pope
               ,
               he
               challenged
               ,
               and
               had
               the
               same
               liberty
               in
               this
               Kingdom
               of
               England
               ,
               as
               the
               Emperor
               had
               in
               his
               Empire
               ,
               (
               mistake
               me
               not
               ,
               I
               speak
               only
               as
               to
               the
               Person
               of
               the
               King
               )
               I
               do
               not
               meddle
               of
               Rights
               between
               the
               King
               and
               Subjects
               ,
               or
               Subject
               and
               Subject
               ;
               you
               see
               in
               this
               Case
               concerning
               the
               Death
               of
               his
               Majesty's
               dear
               Father
               ,
               and
               our
               Blessed
               Sovereign
               of
               happy
               memory
               ,
               he
               doth
               not
               judg
               himself
               but
               according
               to
               Law
               ,
               that
               which
               I
               assert
               is
               as
               to
               the
               Person
               of
               the
               King
               ,
               which
               was
               the
               priviledg
               of
               Emperors
               as
               to
               their
               Personal
               Priviledges
               ,
               if
               he
               had
               offended
               and
               committed
               an
               Offence
               ,
               he
               was
               only
               accountable
               to
               God
               himself
               .
               I
               will
               come
               back
               to
               what
               I
               have
               said
               ;
               You
               swore
               to
               be
               faithful
               to
               the
               King
               as
               Supreme
               .
               The
               King
               of
               Poland
               hath
               a
               Crown
               ,
               but
               at
               his
               Oath
               of
               Coronation
               ,
               it
               is
               conditioned
               with
               the
               People
               ,
               That
               if
               he
               shall
               not
               govern
               according
               to
               such
               and
               such
               Rules
               ,
               they
               shall
               be
               freed
               from
               their
               Homage
               and
               Allegiance
               .
               But
               it
               differs
               with
               our
               King
               ,
               for
               he
               was
               a
               King
               before
               Oath
               .
               The
               King
               takes
               his
               Oath
               ,
               but
               not
               upon
               any
               condition
               ;
               this
               I
               shew
               you
               ,
               to
               let
               you
               see
               that
               we
               have
               no
               coercive
               Power
               against
               the
               King.
               The
               King
               of
               England
               was
               anointed
               with
               Oil
               at
               his
               Coronation
               ,
               which
               was
               to
               shew
               that
               Absolute
               Power
               ,
               (
               I
               do
               not
               say
               of
               Government
               )
               but
               of
               being
               accountable
               to
               God
               for
               what
               he
               did
               :
               The
               Law
               saith
               ,
               
                 The
                 King
                 doth
                 no
                 injury
                 to
                 any
                 Man
              
               ;
               not
               but
               that
               the
               King
               may
               have
               the
               imbecilities
               and
               infirmities
               of
               other
               Men
               ,
               but
               the
               King
               in
               his
               single
               Person
               can
               do
               no
               wrong
               :
               but
               if
               the
               King
               command
               a
               Man
               to
               beat
               me
               ,
               or
               to
               disseize
               me
               of
               my
               Land
               ,
               I
               have
               my
               remedy
               against
               the
               Man
               ,
               though
               not
               against
               the
               King.
               The
               Law
               in
               all
               Cases
               preserves
               the
               Person
               of
               the
               King
               to
               be
               untouched
               ,
               but
               what
               is
               done
               by
               his
               Ministers
               unlawfully
               ,
               there
               is
               a
               remedy
               against
               his
               Ministers
               for
               it
               ;
               but
               in
               
               this
               Case
               ,
               when
               you
               come
               to
               the
               Person
               of
               the
               King
               ,
               what
               do
               our
               Law
               Books
               say
               he
               is
               ?
               they
               call
               it
               ,
               
                 Caput
                 Reipublicae
                 ,
                 salus
                 Populi
              
               ,
               the
               Leiutenant
               of
               God
               ;
               and
               let
               me
               tell
               you
               ,
               there
               was
               never
               such
               a
               blow
               given
               to
               the
               Church
               of
               England
               and
               the
               Protestant
               Religion
               .
               There
               was
               a
               Case
               ,
               and
               that
               of
               the
               Spencers
               ,
               you
               shall
               find
               in
               the
               7th
               Report
               of
               the
               Lord
               Cook
               ,
               in
               
               Calvin's
               Case
               ,
               that
               Homage
               is
               due
               to
               the
               King
               in
               his
               Politick
               Capacity
               ;
               and
               then
               they
               made
               this
               damnable
               Inference
               ,
               That
               therefore
               if
               the
               King
               did
               not
               demean
               himself
               as
               he
               ought
               ,
               that
               he
               should
               be
               reformed
               
                 pure
                 aspertee
              
               ,
               by
               asperity
               ,
               sharpness
               or
               Imprisonment
               :
               but
               these
               were
               condemned
               by
               two
               Acts
               of
               Parliament
               in
               Print
               ,
               that
               they
               could
               not
               do
               that
               even
               in
               that
               Case
               ,
               one
               was
               called
               the
               Banishment
               of
               
                 Hugh
                 Spencer
              
               ;
               and
               the
               other
               is
               in
               1.
               
               Edward
               3.
               upon
               the
               Roll.
               My
               Masters
               ,
               In
               the
               first
               of
               Henry
               the
               Seventh
               ,
               you
               shall
               find
               it
               in
               the
               printed
               seven
               Books
               ,
               he
               saith
               ,
               
                 That
                 as
                 to
                 the
                 Regality
                 of
                 his
                 Crown
                 ,
                 he
                 is
                 immediately
                 subject
                 unto
                 God.
              
               Mark
               the
               Doctrine
               of
               the
               Church
               of
               England
               ,
               Gentlemen
               ,
               I
               do
               not
               know
               with
               what
               Spirit
               of
               Equivocation
               any
               Man
               can
               take
               that
               Oath
               of
               Supremacy
               :
               You
               shall
               find
               in
               the
               Articles
               of
               the
               Church
               of
               England
               ,
               the
               last
               but
               one
               or
               two
               ;
               it
               is
               that
               Article
               which
               sets
               forth
               the
               Doctrine
               of
               the
               Church
               of
               England
               ;
               they
               say
               ,
               That
               the
               Queen
               ,
               and
               so
               the
               King
               ,
               hath
               the
               Supreme
               Power
               in
               this
               Realm
               ,
               and
               hath
               the
               chief
               Government
               over
               all
               the
               Estates
               of
               the
               Realm
               ,
               the
               very
               words
               are
               so
               ;
               this
               was
               shortly
               after
               making
               the
               Act
               ;
               the
               Articles
               were
               in
               1552
               ,
               and
               she
               came
               in
               1558
               ,
               or
               1559
               ;
               it
               is
               to
               shew
               you
               the
               King
               hath
               the
               chief
               Government
               over
               all
               the
               Estates
               within
               the
               Nation
               ;
               and
               if
               you
               look
               upon
               it
               ,
               you
               shall
               find
               it
               was
               not
               only
               the
               Judgment
               of
               the
               Church
               ,
               but
               of
               the
               Parliament
               at
               the
               same
               time
               .
               They
               did
               confirm
               this
               Article
               so
               far
               ,
               that
               they
               appointed
               that
               no
               Man
               should
               take
               or
               be
               capable
               of
               a
               Living
               ,
               but
               those
               that
               had
               taken
               that
               Oath
               .
               God
               forgive
               those
               Ministers
               that
               went
               against
               it
               .
               The
               Queen
               and
               the
               Church
               were
               willing
               that
               these
               should
               be
               put
               into
               Latin
               ,
               that
               all
               the
               
               World
               might
               see
               the
               Confession
               of
               the
               Church
               of
               England
               ,
               and
               of
               the
               People
               of
               England
               ,
               you
               may
               reade
               it
               in
               Cambden
               :
               I
               have
               told
               you
               how
               and
               wherein
               the
               chief
               Power
               consisted
               ,
               not
               in
               respect
               the
               King
               could
               do
               what
               he
               would
               ;
               no
               ,
               the
               Emperors
               themselves
               did
               not
               challenge
               that
               ,
               but
               this
               they
               challenge
               by
               it
               ,
               That
               they
               were
               not
               accountable
               to
               Man
               for
               what
               they
               did
               :
               No
               Man
               ought
               to
               touch
               the
               Person
               of
               the
               King
               ,
               I
               press
               it
               to
               you
               in
               point
               of
               Conscience
               ;
               you
               see
               in
               the
               Scripture
               ,
               in
               Psalm
               .
               51.
               the
               Psalm
               of
               Mercy
               ,
               whereby
               we
               ask
               pardon
               of
               God
               for
               our
               great
               Offences
               ;
               I
               think
               none
               of
               you
               in
               this
               condition
               ,
               but
               will
               join
               in
               this
               ;
               you
               know
               the
               Adultery
               and
               Murder
               that
               David
               committed
               ,
               this
               penitential
               Psalm
               was
               made
               for
               that
               ;
               What
               doth
               he
               say
               ?
               
                 Against
                 thee
                 ,
                 thee
                 only
                 have
                 I
                 sinned
                 ,
              
               &c.
               
                 tibi
                 soli
                 peccavi
                 ,
                 Domine
              
               ;
               not
               because
               he
               had
               not
               sinned
               against
               Man
               ,
               for
               't
               is
               plain
               ,
               he
               had
               sinned
               both
               against
               Bathsheba
               and
               Vriah
               too
               :
               But
               because
               he
               was
               not
               liable
               to
               the
               Tribunal
               of
               Man
               ,
               he
               was
               not
               bound
               nor
               accountable
               to
               any
               Man
               upon
               Earth
               .
               And
               now
               ,
               my
               Masters
               ,
               I
               beseech
               you
               consider
               ,
               that
               some
               of
               you
               for
               ought
               I
               know
               suddenly
               ,
               and
               some
               of
               you
               for
               ought
               I
               know
               not
               long
               after
               ,
               all
               of
               us
               we
               do
               not
               know
               how
               soon
               ,
               must
               come
               to
               make
               a
               right
               account
               to
               God
               of
               what
               we
               have
               done
               .
               After
               this
               Life
               you
               enter
               into
               an
               Eternity
               ,
               an
               Eternity
               of
               Happiness
               or
               of
               Woe
               ;
               God
               Almighty
               is
               merciful
               to
               those
               that
               are
               truly
               penitent
               ;
               the
               Thief
               upon
               the
               Cross
               ,
               and
               to
               all
               that
               are
               of
               a
               penitent
               heart
               .
               You
               are
               Persons
               of
               education
               ,
               do
               not
               you
               go
               on
               in
               an
               obstinate
               perverse
               course
               ,
               for
               shame
               of
               Men
               ,
               even
               this
               shame
               which
               you
               now
               have
               ,
               and
               which
               you
               may
               have
               when
               you
               come
               to
               die
               ,
               a
               sanctified
               use
               may
               be
               made
               of
               it
               ,
               you
               pay
               to
               God
               some
               part
               of
               that
               punishment
               which
               you
               owe
               to
               him
               for
               your
               sins
               .
               I
               have
               no
               more
               to
               say
               ,
               but
               the
               next
               thing
               I
               have
               to
               do
               is
               ,
               to
               give
               the
               Sentence
               ,
               the
               Judgment
               ;
               which
               truly
               I
               do
               with
               as
               unwilling
               a
               heart
               as
               you
               do
               receive
               it
               .
               You
               Prisoners
               at
               the
               Bar
               ,
               the
               Judgment
               of
               the
               Court
               is
               this
               ,
               and
               the
               Court
               doth
               award
               that
               ,
               &c.
               
               And
               the
               Lord
               have
               mercy
               on
               your
               Souls
               .
            
          
           
             Court
             adjourned
             till
             Friday
             morning
             seven
             a
             Clock
             .
          
        
         
           
           
             
               Friday
               ,
               Octob.
               19.
               1660.
               
            
          
           
             Set
             William
             Heveningham
             to
             the
             Bar.
             
          
           
             
               Serjeant
               Keeling
               .
            
             
               May
               it
               please
               your
               Lordships
               ,
               the
               Prisoner
               at
               the
               Bar
               ,
               
                 William
                 Heveningham
              
               ,
               hath
               been
               indicted
               of
               High-Treason
               ,
               for
               compassing
               and
               imagining
               the
               Death
               of
               the
               late
               King
               of
               blessed
               memory
               ;
               he
               has
               been
               tried
               ,
               the
               Jury
               has
               found
               him
               guilty
               :
               I
               do
               humbly
               move
               your
               Lordships
               in
               the
               behalf
               of
               the
               King
               ,
               that
               you
               will
               proceed
               to
               Judgment
               .
            
          
           
             
               Clerk.
               
            
             
               
                 William
                 Heveningham
              
               ,
               hold
               up
               thy
               hand
               ,
               what
               canst
               thou
               say
               for
               thy self
               ,
               why
               Judgment
               ,
               &c.
               
            
          
           
             
               Heveningham
               .
            
             
               My
               Lords
               ,
               I
               have
               nothing
               more
               to
               say
               than
               I
               said
               formerly
               ,
               only
               I
               plead
               the
               benefit
               of
               the
               Proclamation
               ,
               and
               cast
               my self
               upon
               the
               Mercy
               of
               our
               most
               gracious
               Sovereign
               ,
               and
               desire
               your
               Lordships
               to
               be
               Mediators
               on
               my
               behalf
               .
            
          
           
             
               Lord
               Ch.
               Baron
               .
            
             
               By
               the
               Act
               of
               Indempnity
               (
               of
               which
               you
               claim
               the
               Benefit
               ,
               and
               we
               ought
               to
               take
               notice
               of
               it
               )
               we
               are
               to
               proceed
               to
               Judgment
               ,
               but
               no
               Execution
               of
               this
               Judgment
               is
               to
               be
               until
               by
               another
               Act
               of
               Parliament
               by
               consent
               of
               the
               King
               it
               shall
               be
               ordered
               .
               And
               therefore
               I
               need
               not
               speak
               any
               more
               of
               that
               ,
               or
               any
               Exhortation
               to
               prepare
               your self
               for
               Death
               ;
               our
               work
               is
               only
               to
               give
               Judgment
               .
               The
               Judgment
               of
               the
               Court
               is
               this
               ,
               and
               the
               Court
               doth
               award
               ,
               that
               you
               the
               Prisoner
               at
               the
               Bar
               be
               led
               back
               to
               ,
               &c.
               
               And
               the
               Lord
               have
               mercy
               upon
               your
               Soul.
               
            
          
        
         
           
             THus
             having
             given
             the
             Reader
             a
             most
             impartial
             view
             of
             every
             Passage
             occurring
             in
             this
             so
             solemn
             and
             legal
             Indictment
             ,
             Arraignment
             ,
             Trial
             ,
             and
             Condemnation
             of
             these
             twenty
             nine
             black
             Regicides
             ,
             with
             their
             several
             Pleas
             and
             Defences
             in
             their
             own
             words
             .
             It
             may
             be
             also
             some
             additinal
             satisfaction
             ,
             to
             let
             the
             Reader
             know
             the
             time
             and
             manner
             
             of
             the
             Death
             of
             such
             of
             them
             who
             were
             according
             to
             the
             Sentence
             Executed
             .
             For
             their
             last
             Discourses
             and
             Prayers
             ,
             as
             they
             were
             made
             in
             a
             Croud
             ,
             and
             therefore
             not
             possible
             to
             be
             taken
             exactly
             ;
             so
             it
             was
             thought
             fit
             rather
             to
             say
             nothing
             ,
             than
             give
             an
             untrue
             account
             thereof
             ;
             chusing
             rather
             to
             appear
             lame
             ,
             than
             to
             be
             supported
             with
             imperfect
             assistances
             .
          
           
             ON
             Saturday
             the
             13th
             of
             
               October
               1660
            
             ,
             betwixt
             nine
             and
             ten
             of
             the
             clock
             in
             the
             Morning
             ,
             Mr.
             
               Tho.
               Harrison
            
             ,
             or
             ,
             Major
             General
             Harrison
             ,
             according
             to
             this
             Sentence
             ,
             was
             upon
             a
             Hurdle
             drawn
             from
             Newgate
             to
             the
             place
             called
             Charing-Cross
             ;
             where
             within
             certain
             Rails
             lately
             there
             made
             ,
             a
             Gibbet
             was
             erected
             ,
             and
             he
             hanged
             with
             his
             face
             looking
             towards
             the
             Banqueting-house
             at
             Whitehall
             ,
             (
             the
             place
             where
             our
             late
             Sovereign
             of
             eternal
             memory
             was
             sacrificed
             )
             being
             half
             dead
             ,
             he
             was
             cut
             down
             by
             the
             common
             Executioner
             ,
             his
             Privy
             Members
             cut
             off
             before
             his
             Eyes
             ,
             his
             Bowels
             burned
             ,
             his
             Head
             severed
             from
             his
             Body
             ,
             and
             his
             Body
             divided
             into
             Quarters
             ,
             which
             were
             returned
             back
             to
             Newgate
             upon
             the
             same
             Hurdle
             that
             carried
             it
             .
             His
             Head
             is
             since
             set
             on
             a
             Pole
             on
             the
             top
             of
             the
             South-East
             end
             of
             Westminster-Hall
             ,
             looking
             towards
             London
             .
             The
             Quarters
             of
             his
             Body
             are
             in
             like
             manner
             exposed
             upon
             some
             of
             the
             City
             Gates
             .
          
           
             Monday
             following
             ,
             being
             the
             sixteenth
             of
             October
             ,
             abou●
             the
             same
             hour
             ,
             Mr.
             
               John
               Carew
            
             was
             carried
             in
             like
             manner
             to
             the
             same
             place
             of
             Execution
             ;
             where
             having
             suffered
             like
             pains
             ,
             his
             Quarters
             were
             also
             returned
             to
             Newgate
             on
             the
             same
             Hurdle
             which
             carried
             him
             .
             His
             Majesty
             was
             pleased
             to
             give
             ,
             upon
             intercession
             made
             by
             his
             Friends
             ,
             his
             Body
             to
             be
             buried
             .
          
           
             Tuesday
             following
             ,
             being
             the
             sixteenth
             of
             October
             ,
             Master
             
               John
               Cook
            
             ,
             and
             Mr.
             
               Hugh
               Peters
            
             ,
             were
             about
             the
             same
             hour
             〈◊〉
             on
             two
             Hurdles
             to
             the
             same
             place
             ,
             and
             executed
             
             in
             the
             same
             manner
             ,
             and
             their
             Quarters
             returned
             in
             like
             manner
             to
             the
             place
             whence
             they
             came
             .
             The
             Head
             of
             
               John
               Cook
            
             is
             since
             set
             on
             a
             Pole
             on
             the
             North-East
             end
             of
             Westminster-Hall
             (
             on
             the
             left
             of
             Mr.
             
             Harrison's
             )
             looking
             towards
             London
             ;
             and
             the
             Head
             of
             Mr.
             Peters
             on
             London-Bridg
             .
             Their
             Quarters
             are
             exposed
             in
             like
             manner
             upon
             the
             tops
             of
             some
             of
             the
             City
             Gates
             .
          
           
             Wednesday
             ,
             
               October
               17
            
             ,
             about
             the
             hour
             of
             nine
             in
             the
             〈◊〉
             Mr.
             
               Thomas
               Scot
            
             ,
             and
             Mr.
             
               Gregory
               Clemen●
            
             ,
             were
             ●ought
             ●n
             several
             Hurdles
             ;
             and
             about
             one
             hour
             after
             Master
             
               Adri●n
               Scroop
            
             and
             Mr.
             
               John
               Jones
            
             together
             in
             one
             Hurdle
             were
             carried
             to
             the
             same
             place
             ,
             and
             suffered
             the
             same
             death
             ,
             and
             were
             returned
             and
             disposed
             of
             in
             like
             manner
             .
          
           
             Mr.
             
               Francis
               Hacker
            
             ,
             and
             Mr.
             
               Daniel
               Axtel
            
             ,
             were
             on
             Friday
             the
             19th
             of
             October
             ,
             about
             the
             same
             time
             of
             the
             morning
             ,
             drawn
             on
             one
             Hurdle
             from
             Newgate
             to
             Tiburn
             ,
             and
             there
             both
             Hanged
             ;
             Mr.
             Axtel
             was
             Quartered
             ,
             and
             returned
             back
             ,
             and
             disposed
             as
             the
             former
             ;
             but
             the
             Body
             of
             Mr.
             Hacker
             was
             ,
             by
             his
             Majesties
             great
             favour
             ,
             given
             entire
             to
             his
             Friends
             ,
             and
             buried
             .
          
        
         
           FINIS
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A52526-e310
           
             3.
             
             Jan.
             1647.