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43
INDICTMENT, ARRAIGNMENT, TRYAL,
and JUDGMENT, at large,
Of Twenty-Nine
R E GI CI DES,
Τ
MURTHER ERS
Τ Η Ε
Of His Moſt SACRED MAJESTI
King CHARLES I.
Of Glorious Memory.
Begun at Hicks's-Hall on Tueſday the Ninth of October, 166o. and
continued at the Seſſions-Houſe in the Old-Baily until Friday the
Nineteenth of the fame Month.
Nottinghawa Hene age Finchust earl. 1621-1682.
VMT
L O N D ON:
Printed for the BOOKSELLERS in Town and Country.
MDCCXXXIX.
5
i
(
111 )
HIHU
Τ Η Ε
P R E F A C E
5
12
T was thought convenient the Maid who ſuffered it was Unrighte-
to preſerve this Book of ous. So Two Thieves ſuffered the ſame
Trials from being utterly Pains of Crucifixion with our bleſſed
I
loft, becauſe it may be of Lord; but the Cauſe of his and their Suf-
great Uſe to Men of all ferings was vaſtly different.
Parties and Profeſions : The Prophet Iſaiah denounces a Woe a-
For here they will ſee by gainſt them who call evil good, and good
the cleareſt Light, how ſad a Thing it is evil ; who put darkneſs for light, and
to be abandond to a Spirit of Enthuſiaſm, light for darkneſs; who put bitter for
and be wholly aEted by the Impulſe of a ſweet, and ſweet for bitter. And in
falſe, miſguided Zeal. St. Peter adviſes the New Teſtament we read of ſome, whoſe
Cbriftians to take Care that none of them Mind and Conſcience is defiled, who
ſuffer as a Murderer, or as a Thief, or are led by the ſpirit of error, who think
as an Evil-doer, or as a Buſy-body in they do God good ſervice when they
other Men's Matters, 1 Pet. 4. 15. murder his ſervants. But is Chriſt at
And St. Auſtin tells fome Faktious People all pleaſed with ſuch Sacrifices as theſe
of his Time, that True Martyrs, who Men offer bim? Is be at all moved with
deſerve that honourable Name, are not their vehement Invocations of his Nanie
ſuch as ſuffer for their Irregularities, and in their Prayers and Preachings ?: Is he
impious Violations of Chriſtian Unity, fo liberal of his Comforts to them, wheit
but only ſuch as are perſecuted for Righ- they ſuffer for the fouleft: Iniquity, and
teouſnefs Sake. For you may ſay, that call it a Cauſe not to be repented of?
Hagar ſuffered Pérſecution at the Hands. By no means?! Far be it from us to think
of her Miſtreſs Sarah; but yet the Mi that he is any Patron or Comforter of in-
ſtreſs who inflicted it was Righteaus, and penitent Sinners. And that we may not
be
2.
.
.
1
iv
The P R E F A C E.
i
be fcandalized, and think the worſe of our Men, of ſo fingular a Zeal for a thorough
Religion for the Sake of ſuch unworthy Reformation, that all the reſt wha la-
Profeſors of it, he has told us before hand boured in this work were but Lukewarm
what their Doom Mall be, That after all in Compariſon of theſe. I believe they
their bold Appeals to him, and pre will be found much the ſame in Principles
fumptuous Claims of his Grace and Fa- and Praktice with the Enthuſiaſts of this
vour, he will drive them out of his Nation, eſpecially ſuch as are reprefented
Preſence, as Workers of Iniquity. in the following Book.
But let us examine a little into this
Theſe Men making it a general Rule to
Myſtery of Enthuſiaſm, and ſee by what themſelves, that whatever was not the
means People arrive to this Degree of In- expreſs Law of Chriſt, had Antichriſt for
fatuation, and what are the Steps which its Author; and whatever Antichrift, or
they take towards it.
bis Adherents, did in the World, was to
The main Foundation of it is, no doubt, be undone by all true Chriſtians, they
a large Stock of Pride, and a fingular concluded that many Things in Religion,
Fondneſs, which Men are apt to have for which others had ſuffered to remain, were
their own Sentiments and Opinions. No not to be endured, but utterly laid aſide.
thing is more common ihan for Men of this Hereupon they made ſad Complaints, that
Spirit to run into Parties and Factions, tho' People had begun to pull down the King-
ond ſtruggle hard for the Superiority. dom of Darkneſs, yet they did not bring forth
Whatever is propoſed to them, is ſure to Fruits worthy of Repentance ; and that
meet with the laſt Oppoſition, if they were if Men would repent as they ought they
not conſulted in the firſt place, and made muſt purge the Truth from all Manner og
Principals in the Design. 'Tis no Mat- Evil, that ſo there might be a new
ter boxe rational it is, or how uſeful to Earth, wherein Righteouſneſs only ſhould
the Publick'; if it turns not to their par- dwell. A Man's Repentance, they ſaid,
ticular Advantage or Reputation, they muſt appear by ordering his Life in all
will endeavour to ſerve themſelves of it, Things contrary to the Cuſtoms and Orders
by crying out againſt it. Thus they firſt of the World. Such as were polleſs'd of
get into By-ways, which when once they Riches or Honours, they exhorted 19 part
are engaged in, they think it very dino- with them, as a Proof of their unfeigned
nourable to relinquiſh ; eſpecially, if they Converſion to Chriſt.
bave drawn a great many to their Party, They called upon Men to faſt often, to
and are much confider'd by them.
ineditate much upon heavenly Things, and
'Tis well known to all, who are ac to bold Conferences with God in Prayer
quainted with the Hiſtory of the Reforma. with ſuch Fervency, as might even force
tion, how over zealous the Diſciples of bim to hear thems. Where they found
ſuch Teachers were in caſting out Popiſh Men obſerve Civility and Decency in their
Superſtitions, how far they ran into the Diet, Dreſs, or Furniture, they reproved
other Extreme, and from abhurring Idols, then as carnal, earthly-minded Men.
fell to committing Sacrilege: What Ha- Any Word which was not ſpoken with
vock they made of Churches, and how they greatSeverity and Gravity, ſeem'd to pierce
pillaged the Sacred Veſſels and Furniture. them like a sword. If any Man was
But in Germany, there ſprung up a ſet of pleaſant in their Company, they would
with
The P R E F A C E.
V
with Sighs repeat our Saviour's Words, they profeſſed they knew to be intruſted
Woe be to you which laugh now, for with the Eccleſiaſtical Laws, as well as
ye ſhall mourn and weep: They de the Temporal. In forty-two, they declar'd
lighted to be always in Trouble, and that they intended a new and neceſſary
thought thoſe Men in a moſt dangerous Reformation of the Government and Li-
Caſe, who led quiet Lives.
turgy of the Church, and to take away
They so much affected to croſs the ordi- nothing in the one or in the other, but
nary Cuſtom in every Thing, that on Days what was Evil, and juſtly Offenſive, or
when other Men put on their beſt Dreſs, at leaſt unneceſſary and burthenſome. In
they would be ſure to appear in their forty-three, they profeſſed that their Army
worſt. They thought it a kind of Pro. was deſigned to defend the King's Perſon,
phaneſs to call ihe Week-days by their Honour and Dignity, and to hinder all
ordinary Names ; and therefore diſtin- Change in Religion ; they proteſted, as
guiſhed them by their Order, the Firſt, in the Preſence of God, that they had no
Second, Third Day.
Intentions to offer Violence to his Majeſty's
By this sort Account you may obſerve Perſon, or to hurt bis juſt Power, or to
what a ſubtil Spirit it is which acts theſe deſtroy his Monarchy. In the third Arti-
Men: How innocent and heavenly it cle of the Solemn League and Covenant,
ſeems at firſt ; how much it pleads for they ſwore to preſerve and defend the
Lenity and Indulgence, even againſt legal King's Majeſty's Perſon and Authority,
and neceſſary Puniſhments ; till by theſe in the Preſervation and Defence of the
Arts it has got room to extend and ſtreng- true Religion ; and that they had no
then itſelf, and then it breaks out like the Thoughts to diminiſh his juſt Power and
Sea, and overturns all Religion and good Greatneſs. Ana in forty-fix they declar-
Government with the utmoſt Fury. In ed, that their fincere Intentions were to
the ſame Variety of Shapes has this Spirit uphold the ancient fundumental Govern-
walked among us. At firſt it appeared ment of this Realm, by Lords, and Com-
like a Lamb, very gentle and inoffenſive, mons.
and was thought worthy of Pity and Pro Preſently after the happy Reſtoration
tection ; but when it was grown up, it of the Royal Family and Government,
proved a roaring Lion, and tore out the ſome of the moſt notorious Regicides were
Hearts of thoſe who had nouriſhed it. I ſeized on, and tried for the Murder of
will not detain you with an Account of their Prince, and received the juſt Reward
its whole Progreſs ſince it was firſt im- of their Treaſons. Their Trials were
ported bither from Germany; but only immediately collected together, and pub-
take it as it was in thoſe unhappy Times, liſhed by Authority in the ſame Year.
when its Inſtruments (ſuch as are the Afterwards, when the Government was
Subječt of this Book) were publick Aktors in Danger to be overturned again by Men
in ihe Affairs of this Nation. In forty- of the ſame wicked Principles, about the
one they did remonſtrate, that they did not Time of the Popiſh-Plot, this Book of Tri-
purpoſe or deſire to aboliſh the Church- als was reprinted for the Sake of the Ar-
Government, and diſclaimed all Intentions guments, which the King's Learned Coun-
of abfolving Men from that Obedience cil uſed againſi the Rebels, as being
which they owed to his Majeſty, whom thought the beſt Defence of Monarchy.
Tbe
2
B
vi
The P R E F A CE.
FY
:
The Speeches and Prayers ſtole abroad in jould be ready to convey him to Wind-
1661, but were ſoon publickly reprinted for-Caſtle, and ſo to Weſtminſter, in
with animadverſions, under the Title of order to his Trial. He was one of the
Rebels no Saints; and came out again Committee that fat in the Exchequer to
in e Third Edition, with ſome Account of conſult about the Manner of trying the
The Regicides, their Authors, towards King; and when ſome found Fauli with
the latter End of King Charles the Second's the Length of the Impeachment, he was
Reign. We have, for the complealing of againſt shortening it, and ſaid, Gentle-
this Edition, and the Satisfaction of the men, it will be good for us to blacken
Curious, colleEted ſome ſort Memoirs of him what we can ; pray let us blacken
the Birth, Education, and Quality of theſe him, or Words to that Purpoſe. What
Men, as they are tranſmitted to us by farther Part be ested in the Murther of
good Writers, who lived in the ſame the King, will appear from his Trial.
Times.
For theſe bis Services be was ſoon after
made a Colonel, and then a Major-Gene-
Colonel Thomas Harriſon was the Son ral, and Governor of Wales; where,
of a Butcher, or Grafer, at Newcaſtle with the Aſiſtance of his Chaplain Vava-
Under-line in Staffordſhire. After he for Powell, he endeavoured so to model
bad been educated in ſome Grammar the Country, that none but Enthuſiaſts and
Learning, he was placed with one Hulk, hot-headed Perſons should have the In-
or Hulker, an Attorney in Clifford's Inn, ſtrucling of the People.
and when out of his Time became a Kind At length, when Cromwel was labour-
of Petty fogger: But finding little Profiling to make himſelf Sole Governor, he left
ariſe from that, be took Arms for the Par. him with great Scorn and Indignation,
liament at the breaking out of the Rebel and became the Ring leader of that dan.
lious War; and by his Enthuſiaſtical gerous Seet called the Fifth-Monarchy-
Preaching, and great Prelence to Piety, Men? and ſubmitted to be rebaptized to
be so far recommended himſelf to the delu- gain the Anabaptiſts to his Party.
ded Army, that he was advanced from one About the Time of the King's Reſtora-
Poft to another, till be became a Major. tion, he was very buſy in raiſing Forces to
He was Cromwell's great Friend and oppoſe it; but was prevented in his Deſign,
Confident in all D:figns. When the Lords and ſent Priſoner to the Tower, and from
and Commons were reſolving, that the thence removed to Newgate, and so
Treaty with the King in the Ine of Wight brought to his Trial; where bow be car-
was e Ground for Peace, this Man ried himſelf, you will find in the Account
brought Forces down to the Door of the of it.
Houſe of Cominons, and ſuffered none to At the Time of his Execution, it is ſaid,
go in but ſuch as renounced their Allegi. be took a ſtrong Cordial to heighten his
ance and Duty to their King, and declared Spirit, and endeavour'd to put on ſmiling
againſt the Vote which had been paſſed for Looks, and appear undaunted before the
Peace. He was the Perſon that went to Spectators ; but the exceſſive Sweat which
Hurſt-Caſtle, where the King was Pri run down, and the ſtrange Trembling and
foner, to require the Governor to deliver Shaking of bis Joints, diſcover'd him 10
up his Majeſty to a Party of Horſe, who be in no ſmall Agony,
Col.
The P R E F A C E.
vii
Col. Adrian Scroop was deſcended of a king God the Author of his moſt horrid
good Family in Buckinghamſhire. He Sin.
was a great Puritan, and Stickler againſt When he was carried to Execution, 'lis
Epiſcopacy, which made him take Arms ſaid, be prepared himſelf for it, by drink-
againſt the King
ing three Pints of Sack, which cauſed a
Though he was no Parliament- Man, more than ordinary fluſhing in his Face,
yet be was drawn in, as he pretended, by and put him into an exceſſive Sweat.
Oliver Cromwel, to be one in the Black
Liſt for trying the King.
Mr. Thomas Scot was born of obſcure
Little Mention is made of him during Parents in Buckinghamſhire: He was by
the Time of Cromwel's Uſurpation. When his Friends placed in London, and came
the King was reſtored, and had ſet forth in time to be Partner with a Brewver in
a Proclamation that all his Father's Bridewell Precinet. By the Interest
Judges ſhould appear, Scroop ſurrendered which be made in a Borough of his Coun-
himſelf to the Speaker of the Houſe of Com- try, he got himſelf choſe Parliament-man,
mons, and a Vote paſs'd the Houſe, that which gave him an Opportunity to do
he ſhould be only fined a Year's Value of his
much Miſchief.
Eſtate : But ſoon after, happening to diſ For being a violent Enemy to Epiſ-
courſe with General Brown, he ſeem'd to copacy and Monarchy, he had now a Pri-
juſtify the King's Murther; for which he vilege to ſtrike at them both by long Speech-
was complained of to the Houſe of Com es and Harangues which he often made in
mons, and wholly excepted out of the Ge- the Houſe. And be made no ſmall Ad-
neral Pardon.
vantage by their Ruin ; for upon the
aboliji. ing of Epiſcopacy, he procures the
Mr. John Carew was born in Corn- Palace at Lambeth for his own Manſion
wal, of a very Ancient Family there; Houſe ; and when there was a Sale of
but had the Misfortune to be educated in the Crowns Lands at Worceſter-Houſe
factious Principles, and was, like Harri. in the Strand, he got his Son-in-Law to
fon, a Fith-monarchy-man, as appears be one of the Truſtees and Managers of
in bis Trial. This made him an ulter
that Affair.
Enemy not only to the King, but to all I cannot injure his Memory in ſaying,
Government in a ſingle Perſon; so that That be was a furious Rebel againſt bis
Oliver's Ujurpation was as hateful to bim King, ſince he himſelf gloried in it, and
as the Royal Sovereignty, which he had openly in the Parliament Houſe declared,
deſtroyed.
That he hoped he ſhould never repent of
You find in his Trial, when he was it ; and deſired, that when he died, is
charged in his Indictment to have aɛted might be written upon his Tombſtone,
as not having the Fear of God before his Here lies Thomas Scot, who adjudged to
Eyes, but being led by the Inſtigation of Death the late King.
the Devil, that he pleads Error to the In- ., He was one of thoſe Members which
di&tment, Saying, That what he had. conſtituted themſelves a Council of State;
done was not in ſuch a Fear, but rather be ſerved them in the Nature of Secretary;
in the Fear of the moſt Holy and moſt be managed all their Intelligence Foreign
Righteous Lord; thus blaſphemouſly ma and Domeſtick ; he kept continual Spies
5
upon
viii
The P R E FACE.
upon all Printers and Book-ſellers, by will ſee ſtrange Things, and you muſt
which Means all true Intelligence was wait upon God. This diſcovers what
ſuppreſs'd.
Conſcience he acted with, and what Spirit
Many Things did be attempt to binder be was of.
the Reſtoration of the Government in For this, and other Services, bis Ma.
Church and State, which when he found ſters conferr'd on bim zool per Ann, in
coming on with an irreſiſtible Force, be the Kingdom of Ireland, and made him a
fied beyond Sea ; but was ſoon ſeized on in Chief Juſtice there ; In which Place be
Flanders, and ſent Priſoner into England, continued ſeveral years, and preached
where he ſuffered the Puniſhment he deſer- about the Country.
ved; but how obdurately and inſenſibly,
you'll find by the Account of his Trial and Hugh Peters was the moſt Notorious
Execution.
Incendiary of all the Rebels. The Place
of his Education (as 'tis faid) was Cam-
Mr. John Cook was a Man of mean bridge; after ſome Time ſpent there, he
Birth, and inconſiderable Fortune, but of turned Itinerant Preacher, ſettling in no
good natural Parts. The firſt Mention Cure, but was ſometimes in New-England,
we find of him is, That he was a Barriſter ſometimes in Holland, and ſometimes in
of Grays-Inn, where having but ſmall other parts. It appears in his Trial,
Praktice, it made him the more ready to from his own Account, that he was ſent
fall in with the Regicides, and make one over from New-England bither, to ſtir
in the High Court of Juſtice.
up and drive on the Rebellious War;
The Pretended Parliament, after they which he ceaſed not to do, by uttering the
had conſtituted that Court, directed an moſt bitter Invečlives againft the King and
Order to this Mr. Cook, togelber with Biſhops by calling the Rebellion the Lord's
Aſk and Doriſaus, to draw up a Charge Cauſe, and by telling the Soldiers that
againſt his Majeſty; which, when they Heaven was full of Red-coats that had
had done, this Cook ſubſcribed it in the been kill'd in it. It wou'd be too tedious
Name of the Commons of England, and to relate the many ridiculous and prophane
became Sollicitor for the Regicides againſt Compariſons, which this Pulpit Buffoon
the King ; in which Office he behaved him- (as he was juſtly called) made, and his
ſelf with great Virulence and Infolence abſurd and ſcandalous Interpretations of
towards bis Majeſty, as it was proved Holy Scripture, which commonly ſet the
upon him in bis Trial.
Auditors a laughing.
When ſome of his Brethren in the Law It is reported, that at the Time of his
expreſsid their Surprize, to hear that be Execution he was in great Amazement
was engaged in ſuch a Cauſe, his Anſwer and Confuſion, fitting upon the Hurdle like
was, I acknowledge it a very bale Bu a Sot all the way he went, and either
ſineſs, but they put it upon me, I can- plucking the Straws, or gnawing the Fin-
not avoid it, I am ferving the gers of his Gloves. He afcended the Lad-
People ; The King is as Wiſe der, not like a Miniſter, but like ſome
and Gracious a Prince as any in the ignorant Atheiſt, not knowing what to
World; but he muſt De, and Monar- ſay, or how to carry himſelf. After he
chy muſt Die with him. You had ſtood ſtupidly for a cobile, he put his
Hand
The P R E FACE.
ix
Hand before his Eyes, and prayed for a every Sunday before the Council of Ire-
Abort Space; and the Hangman often re land in Chriſt Church, Dublin. . After
membring him to make haſte by checking ſome Time he was recalled, and Married
him with the Rope, at laſt very un Cromwel's own Siſter, in Hopes of get-
willingly he was turned off the Ladder. ting more Preferment: But Oliver dying,
Sollicitor Cooke, who ſuffer'd with him, and his Hopes failing him, he made it his
wiſhed be might have been reprieved for Buſineſs to unhinge his Couſin Richard's
ſome time, as being not prepared, or fit Government. From hence-forward, bis
to dye.
Fortune played with him, one while
making him a Governor, and then a Cy-
Mr. John Jones came of a mean Family pher, till he ended his Courſe as the afore-
in Wales, and was a Man of no Repu- mentioned Regicides had done.
tation before the War. Ili was ſent up At his Execution he ingenuouſly ac-
to London to be put to a Trade, but was quitted the King, as having done nothing
placed as a Serving Man to a Gentleman, but the Part of a loving Son to a Father ;
and afterwards was preferr'd to Sir Tho and the Court, as ating by Law, accord-
mas Middleton, Lord-Mayor of London, ing to the beft of their Underſtanding s.
with whom he lived many years in the
Jame Capacity.
Gregory Clement is hardly worth
At the Beginning of the War he run mentioning : He was at firſt a Merchant,
with the Rebels, and had a Captain's but failing in that, he fought to thrive
Place of Foot for his firſt Post; but his by a New Trade in Biſhops Lands, where-
faktiousSpirit recommending him to Crom in he got a conſiderable Eſtate. He was
wel's Party, he was made a Member of turnd out of the Rump-Parliament for
Parliament, and an Inſtrument in all the lying with his Maid at Greenwich, but
Plots and Treaſons againſt the King : For was taken in again when they were re.
a Reward of which Service, he was raiſed ſtored after Oliver's Interruption. His
thro' ſeveral ſucceſſive Employments, till guilty Conſcience, and his Ignorance,
he was made one of the Commiſſioners of would not juffer him to make any Plea at
Parliament for the Government of Ireland. the Bar, or any Speech or Prayer at the
This Office he diſcharged with great Ty- Gallows. .
ranny, perſecuting all that were contrary
to his Principles, raking up old Laws Daniel Axtell was a Grocer's Appren-
concerning the Brewing of Ale and Beer, tice in London; when the Rebellion
plaguing all the Houſes in Dublin that broke out, he run along with the Fana-
Told Drink, and not ſuffering any one to tick Army; and being a Gifted Man, he
enjoy a publick Employment, who was was ſoon taken Notice of, and advanced
ſeen to go into an Alehouſe ; so that to go
into an Alehouſe or Regular Church were When the Army was in an Uproar and
Crimes equally dangerous and puniſha. Mutiny at New-Market againſt their
ble.
Maſters the Parliament, he was one of
His Favourite Chaplain was one Mr. thoſe Agitators who were choſen out of
Patients, formerly a Stocking.footer in every Company to repreſent tbeir pretended
London, whom he appointed to Preach Grievances, and to let the Parliament
3
с
know
among them.
X
The P R E FACE.
know that they refuſed to diſband, and tial, which had been executed upon him,
chat they were not ſatisfied with the Terms bad not tbe Anabaptiſts (bis own Seat)
of Peace
propoſed in the Ile of Wight. been the predominant Party, and ſuffered
At this Time be Mewed bimſelf very for the Buſineſs to drop.
ward in impeaching ſeveral Members of
the Houſe, calling them Rotten Members, Together with this Man ſuffered Coo
and was very active in ſecluding and in- lonel Francis Hacker, whoſe Principles
priſoning them
and Actions may be learned from his Trial.
What Part be asted in the Royal Tra. I can add nothing to his Hiſtory, but that
gedy, how he beat his Soldiers to make he is repreſented to have been a Man of
them cry Juſtice and Execution, when deſperate Fortune at the Beginning of the
the King paſs’d to his Trial through War, of greater Bulk of Body than Per-
Weſtminſter-Hall, and how he went off feétions of Mind.
the Stage at laſt, is told at large in his All the pernicious Principles which
Trial and Speeches.
theſe Regicides owned and aſſerted at
In that Expedition which was made to their Trials, are so excellently confuted by
reduce Ireland, be is charged with com the Court and Council, that the Reader
mitting belliſh Cruelties, not only upon can be in no Danger of receiving Infečtion
the Native Iriſh, whom he murdered like from them. And he will be the leſs ſtart-
Vermin, but upon the Proteſtants and led at ſome Expreſions in their Speeches
Engliſh alſo, ſparing none, even after and Prayers, as when they call their Re-
he had promiſed them fair Quarter. He bellion, The Cauſe of God, &c. when
hanged what Gentry of the Country he be remembers that they had always been
pleaſed, whether guilty or not; his own accuſtom'd to ſuch Enthuſiaſtick Language,
Will was his Law. This Barbarity was and had perverted every Page of the Sa-
so notorious, that his own mercileſs Bre- . cred Book, to juſtify their Impious and
thren of the Army reſented it, and drew
and drew Rebellious Proceedings.
up Articles againſt him in a Couri-Mar-
.
moeten
The
.
(11
?
The Proceedings at Hicks's-Hall
, Tueſday the 9th of October,
1660, in order to the Trial of the Pretended Judges of his
Late Sacred MAJESTY.
HE Court being fat, the Mr. Secretary Nicholas.
Commiſſion of Oyer and Mr. Secretary Morris.
Terminer, under the Great Sir Anthony Aſhley Cooper.
Seal of England, was firſt Arthur Anneſley, Eſq;.
read. It was directed to The Lord Chief Baron.
the Lords, and others hereafter named, Mr. Juſtice Foſter.
viz.
Mr. Juſtice Mallet.
Mr. Juſtice Hide.
Thomas Aleyn Knight and Baronet, Lord Mr. Baron Atkins.
Mayor of the City of London. Mr. Juſtice Twiſden.
The Lord Chancellor of England. Mr. Juſtice Tyrrel.
The Earl of Southampton, Lord Trea- Mr. Baron Turner.
ſurer of England.
Sir Harbottle Grimſton, Knight and
The Duke of Somerſet.
Barcnet.
The Duke of Albemarle.
Sir William Wild, Knight and Baronet,
The Marquis of Ormond, Steward of his Recorder of London.
Majeſty's Houſhold:
Mr. Serjeant Brown.
The Earl of Lindſey, Great Chamberlain Mr. Serjeant Hale.
of England.
John Howel, Efq;.
The Earl of Mancheſter, Chamberlain of
his Majeſty's Houſhold.
Sir Geoffry Palmer, his Majeſty's Altor-
The Earl of Dorſet.
The Earl of Berkſhire.
Sir Heneage Finch, his Majeſty's Sollici-
The Earl of Sandwich.
tor-General.
Viſcount Say and Seal.
Sir Edward Turner, Attorney to his
The Lord Roberts.
Highneſs the Duke of York.
The Lord Finch.
Wadham Windham, Eſq;.
Denzil Hollis, Eſquire.
Sir Frederick Cornwallis, Knt. and Bart. Edward Shelton, Eſq;,
Edward Shelton, Eſq;, Clerk of the
Treaſurer of his Majeſty's Houſhold. Crown.
Sir Charles Barkly, Knight, Comptroller
of his Majeſty's Houſhold.
The
ney-General.
+
The TRY A L of the REGICIDE S.
But becauſe this Commiſion is upon a
The Grand Jury Sworn, were, ſpecial Occaſion, the Execrable Murther
of the Bleſſed King, that is now a Saint
Sir William Darcy, Baronet, Foreman. in Heaven, King Charles the firft, we
Sir Robert Bolles, Baronet.
ſhall not trouble you with the Heads of
Sir Edward Ford, Knight.
a long Charge. The Ground of this
Sir Thomas Preſtwick.
Commiſſion was, and is, from the Aet of
Sir William Coney, Knight.
Oblivion and Indemnity. You ſhall find
Sir Charlis Sidley, Baronet.
in that Act there is an Exception of ſe-
Sir Lewis Kirk, Knight.
veral Perſons, who (for their execrable
Sir Henry Littleton, B.ironet.
Treaſons, in Sentencing to Death, and
Sir Ralph Bovey, Baronet.
Signing the Warrant for taking away
Edward Chard, Eſquire.
the Life of our faid Sovereign) are left
Robert Giddon, Eſquire.
to be proceeded againſt as Traytors,
Fohn Fotherly, Eſquire.
according to the Laws of England; and
Charles Gibbons, Eſquire.
are out of that Act wholly excepted and
Thomas Geree, Eſq;.
fore priz'd.
Richard Cox, Eſq;.
Gentlemen, Your ſee theſe Perſons are
Robert Bladwell, Eſq;.
to be proceeded with according to the
Henry Muftian, Eſq;.
Laws of the Land ; and I ſhall ſpeak
Fobn Markbam, Efq;.
nothing to you but what are the Words
-Edward Buckley, Gent.
of the Laws. By the Statute of the
Francis Bouchier, Gent.
Twenty-fifth of Edward the Third, (a
Edward Lole.
Statute or Declaration of Treaſon) it is
made High-Treaſon to compaſs and
Hart, Crier.
imagine the Death of the King. It was
the ancient Law of the Nation, In no
After Proclamation for Silence was Cafe elſe Imagination, or Compafling,
made, it pleaſed Sir Orlando Bridgman, without an actual Effect of it, was
Lord Chief-Baron of his Majeſty's High puniſhable by our Law. Nihil efficit
Court of Exchequer, to ſpeak to the Jury Conatus niſi ſequatur Effectus; that was
as followeth :
the Old Rule of Law: But in the Cafe
of the King, his Life was ſo precious,
The Lord Chief Baron's Speech.
that the Intent was Treaſon by the Com-
mon Law; and declared Treaſon by
this Statute. The Reaſon of it is this:
GENTLEMEN,
In the Caſe of the Death of the King,
OU are the Grand Inqueſt for the the Head of the Commonwealth that's
Body of this County of Middleſex: 'cut off; and what a Trunk, an inani-
You may perceive by this Commiſſion mate Lump, the Body is when the Head
that hath been read, that we are autho is gone, you all know. For the Life
fiz'd by the King's Majeſty to hear and of a ſingle Man, there's the Life of the
determine all Treaſons, Felonies, and
Offender; there's ſome Recompence,
other Offences, within this County: Life for Life: But for the Death of the
:
Y
King,
The TRIAL of the REGICI DE S. 13
King, what Recompence can be made? not the People Collectively, or Repreſen-
This Compaſſing and Imagining the tatively, have any coercive Power over the
cutting off the Head of the King is King of England. And I do not ſpeak
known by fome Overt-Act. Treaſon it mine own Senti, but the Words of the
is in the wicked Imagination, though Laws unto you. It was the Treaſon of
not Treaſon apparent ; but when this the Spencers in King Edward the Secona's
Poiſon ſwells out of the Heart, and Time, in Calvin's Cafe, Second Report.
breaks forth into Action, in that Cafe it's The Spencers had an Opinion, That all
High-Treaſon.
Homage and Allegiance was due to the
Then what is an Imagination or com- King, by Reaſon of the Crown, as they
paſſing of the King's Death? Truly, it call it. And thereupon (fay the Books
is any Thing which ſhews what the and Records) they drew out this execrable
Imagination is. Words, in many Caſes, Inference, (among others,) That if the
are Evidences of this Imagination ; King did not demean him!elf according
they are Evidences of the Heart. Se to Right, becauſe he could not be
condly, As Words ; ſo if a Man, if reform'd by Law, he might, per aſper,
Two Men do conſpire to levy War tee, that is, by jharp Impriſonment; buc
againſt the King, (and, by the way, this was adjudgid horrid Treaſon by
what I ſay of the King, is, as well of Two Acts of Parliament.
the King Dead, as Living; for, if a Gentlemen, Let ine tell you what our
Treaſon be committed in the Life of Law-Books fay; for there's the Ground,
One King, it is Treaſon, and punithable out of which (and the Statutes together)
in the Time of the Succeffor.) then, I we muſt draw all our Concluſions for
ſay, in Caſe, not only of Words, but Matter of Government.
if they confpire to levy War againſt the How do they ſtile the King? They
King, there's another Branch of this call him, The Lieutenant of God, and
Statute; the Levying of War, is Treaſon. many other Expreſſions in the Book of
But, if Men ſhall go and conſult toge Primo Henrici Septimi; fuys that Book
ther, and this is to kill the King, to there, The King is immediate from G di*
put him to Death, this Conſultation is and bath no Superior. The Statutes-lay,
clearly an Overt- Axt to prove this Ima That the Crown of England is imme,
gination, or Compalling of the King's diately ſubječt to God, and to no other
Death.
Power. The King (ſay our Books) He
B.1t what will you ſay then, if Men is not only Caput Populi, the Head of the
do not only go about to conſpire and People; but Caput Reipublicæ, the Hend
conſult, but take upon them to judge, of ibe Commonwealth, The Three Eſtates.
condemn, nay, put to Death, the King? And truly thus our Stalutes ſpeak very
Certainly, this is ſo much beyond the fully Common Experience tells you,
Imagination and Compaſſing, as 'cis not when we ſpeak of the King, and ſo the
only laying the Cockatrice's Egg, but Statutes of Edward the Third, we call
brooding upon it till it hach brought the King, Our Sovereign Lord the King:
forth a Serpent. I muſt deliver to you Sovereign, that is, Supreme. And when
for plain and true Law,That no Authority the Lords and Commons in Parliament
no fingle Perſon, no Cornmunity of Perſons, apply themſelves to the King, they uſe
4
D
this
..
14 The T-RYAL of the Regicidės.
you ſhall
this Expreſion, Your Lords and Com. perial Crown, and another Thing to go
silons, your faithful Subjects humbly beſeech. vern Abſolutely.
I do not ſpeak any Words of my own, Gentlemen, The Imperial Crown is a
but the Words of the Laws. Look Word that is ſignificative
upon the Statute, primo Jacobi, there's find in all Statutes, primo Eliz. and the
a Recognition, that the Crown of Eng. firſt of King James, nay, even in the
land was lawfully deſcended on the King Act of Judicial Proceedings of this Par-
and his Progeny.
liament, it is call's an Imperial Crown.
(The Statute itſelf was read, to which They that take the Oaths of Allegiance
it is deſired the Reader will be referrd.) and Supremacy, they ſwear, that they
Theſe are the Words of the Act. will, to their Power, aliſt and defend all
And this is not the firſt Precedent ; for Juriſdictions, Privileges, Pre-eminences,
you ſhall find it primo Eliz. cap. 3. and Authorities, granted or belonging
They do acknowledge the imperiał to the King, his Heirs, and Succeffors,
Crown lawfully deſcended on the Queen, or annex'd to the Imperial Crown of this
the ſame Recognition with this. Be- Realm. What is an Imperial Crown?
fore that (becauſe we ſhall New you we
It is that, which, as to the coercive Part,
go upon Grounds of Law in what we is ſubject to no Man under God. The
fay) Stat. 24. Hen. 8. cap. 12. Whereas King of Poland has a Crown; but what
hy fundry old authentick Hiſtories and is it? At his Coronation it is conditioned
Chronicles it is manifeſtly declared and with the People, That if he ſhall not
expreſſet, that this Realm of England is govern them according to ſuch Rules,
an Empire, and so bath been accepted in they ſhall be freed from their Homage
the World, govern’d by One Supreme and Allegiance; but the Crowr. of Eng.
Head and King, having the Dignity and land is, and always was, an Imperial
Royal Eſtate of the Imperial Crown of the Crown, and ſo ſworn.
Same, &c.
Gentlemen, As I told you even now,
25. Hen. 8. c. 21. There it is, the the Imperial Crown is a Word fignifica-
People ſpeaking of themſelves, That tive; that Crown, which, as to the
they do recognize no Superior under God, Coercive Part, is not ſubject to any hu-
but only the King's Grace.
man Tribunal, or Judicature, whatſo.
Gentlemen, You ſee, if the King be And truly that this is ſuch an
immediate under God, he derives his Inperial Crown, though I have cited
Authority from no body elſe; if the Authorities ancient enough, you may
King have an Imperial Power, if the find them much more ancient. I re-
King be Head of the Commonwealth, member in the Story of William Rufus
Head of the Body Politick, if the Body (you ſhall find it in Mathew Paris and
Politick owe him Obedience, truly I Eadmerus) fome Queſtion was about
think it is an undenied Conſequence, Inveſtiture of Biſhops, and the like, the
he muſt needs be Superior over them. King writes his Letter, That, &c.
Gentlemen, This is no new Thing to
God forbid I ſhould intend
any
abſo.
talk of an Emperor, or an Imperial lute Government by this. It is one
Crown. Do not miſtake me all this Thing to have an Abſolute Monarchy,
while: It is one Thing to have an 11- another Thing to have that Government
Abſolutely
ever.
::
The TRYAL of the ReGICIDE S.
15
Abſolutely without Laws, as to any Coer 22d of Edward the Fourth, Lord Coke,
cive Power over the Perſon of the King; and many others, If he can do no
for as to Things or Astions, they will Wrong, he cannot be puniſh'd for any
fall under another Conſideration, as I Wrong The King, he hath the In-
will tell you by and by.
firmities and Weakneſs of a Man; but
Gentlemen, Since this is ſo, conſider he cannot do any Injury, at leaſt not
the Oath of Supremacy, which moſt conſiderable, in Perſon; he muſt do it
Men have taken, or ſhould take. All by Miniſters, Agents, Inſtruments.
Men that enter into the Parliament Now the Law, though it provide for
Houſe, they are exprelly enjoined by the King, yet if any of his Miniſters do
Statute to take the Oath of Supremacy. wrong, though by his Command, they are
What fays that Oath? We ſwear that puniſhable. The King cannot arreſt a
the King is the only Supreme Governor Man,as he cannot be arreſted himſelf; but
within this Realm and Dominions. He if he arreſt me by another Man, I have
is Supreme, and the only Supreme; and Remedy againſt this Man, though not
truly if he be Supreme, there is neither againſt the King; and ſo he cannot take
Major nor Superior. I urge this the away my Eſtate. This as to the Perſon
more, leſt any Perſon, by any
Perſon, by any Miſcon- of the King: He is not to be touched,
ſtruction or Inference which they might Touch not mine Anointed.
make from ſomething that hath been I come to Things. If the King claim
acted by the higher Powers, they might a Right, the King muſt fue according
draw ſome dangerous Inferences or Con to his Laws; the King is ſubject to the
ſequences to colour or ſhadow over thoſe Laws in that Cafe, his Poffeffions - Íhall
Murtherous and Traiterous Acts, which be tried by Juries. If he will try a
afterwards they committed. They had Man for his Father's Death, you ſee he
no Authority. But as I told
you,
tho? will try them by the Laws. The Law
I do ſet forth this, and declare this to is the Rule and Square of his Actions,
yoll
, to let you know that the King was and by which he himſelf is judg'u.
immediately ſubject to God, and ſo was Then for Actions, that is, ſuch Ac-
not puniſhable by any Perſon; yet let tions whereby Rights and Titles are
me tell you, there is that excellent profecuted or recovered . The King,
Temperament in our Laws, that for all cannot judge in Perſon betwixt Man and
this the King cannot rule but by his Man, he does it by his Judges, and
Laws. It preſerves the King, and his upon Oath: And ſo in all Cafes whatſc.
Perſon, and the Peoples Rights. ever, if the King will have his Right, it
There are Three Things, touching muſt be brought before his Judges.
which the Law is converſant, Perfonæ, Though this is an Abſolute Monarchy,
Res, & Actiones ; Perſons, Things, yet this is ſo far from infringing the
and Actions. For the Perſon of the Peoples Rights, that the People, as to
King; he is the Supreme Head, he is their Properties, Liberties and Lives,
not puniſhable by any Coercive Power ; have as great a Privilege as the King:
the Laws provide for that. The King It is not the flaring of Government
can do no Irong; it is a Rule of Law, that is for the Liberty
. and Benefit of
it is in our L200 Books very frequent; the People; but it is bow. they may
have
16 'Thee TRY A L of the REGICIDE S.
have their Lives, and Liberties, and gion, but abſolutely or otherwiſe, that is,
Eſtates, fafely ſecured under Govern whatſoever Attenipts, by any Power,
nient.
.
And you know when the Fat- Authority, or Pretence whatſoever. I
neſs of the Olive was laid aſide, and ſay, when a few Members of the Houſe
we were governed by Brambles; theſe of Commons, not an eighth Part of them,
Brambles, they did not only tear the having taken thefe Oaths, ſhall aſſume
Skin, but tore the Fleſh to the very Bone. upon themſelves an Authority; an Au-
Gentlemen, I have done in this Pirti. thority, what to do? Shall aſſume to
cular, to let you ſee that the Supreme themſelves an Authority to make Laws,
Power being in the King, the King is which was never heard before. Autho.
immediately under Gori, owing his rity to make Laws: What Laws? A
Power to none but God. It is true, Law for an High Court of Juſtice, a
(bleſſed be God) we have as great Li Law for Lives, to ſentence Men's Lives;
berties as any People have in Chriſten. and whoſe Life? The Life of their So-
dom, in the World ; but let us own vereign : Upon ſuch a King, who, as
them where they are due; we have to them, had not only redreſſed long
them by the Conceſlions of our Princes. before, at the Beginning of the Parlia-
Our Princes have granted them; and ment, all Grievances that were, and
the King, now; he in then hath were inaginable, taken away the Star-
granted them likewife.
Chamber, High Commiſſion-Court, and
Gentlemen, I have been a little too about Shipping ; ſuch a King, and after
long in this, and yet I cannot ſay it is ſuch Conceſſions that he had made in
too long, becauſe it may clear Miſun the Iſle of Wight; when he had granted
derſtanding, ſo many poiſonous Opini- ſo much, that was more than the People
ons having gone abroad. To come a would have deſired. When theſe few
little nearer : If we conſider ; ſuppoſe Commons, not only without, but ex-
there were the higheſt Authority ; but cluding the reſt, and rejecting the Lords
when we ſhall conſider this horrid Mur too, that then fat: When theſe few
ther (truly I cannot almoſt ſpeak of it, Commons Thall take upon them this Au-
but --- Vox faucibus hæret.) When thority, and by Colour of this, their
we shall conſider, that a few Members King, Sovereign Liege Lord, ſhall be
of the House of Commons, thoſe that had ſentenc'd, put to Death; and that put
taken the Oath of Supremacy, and thoſe to Death, even as their King, and fen-
that had taken the Oath of Allegiance, that tenc'd as their King, put to Death as
was to defend the King and his Heirs, their King; and this before his own
againſt all Conſpiracies, and Attenipts Door, even before that Place where he
whatſoever, againſt his and their Perſon, uſed in Royal Majeſty to hear Ambaffa-
their Crowns and Dignities ; not only dors, to have his honourable Entertain-,
againſt the Pope's Sentence, as ſome ments; that this King ſhall be thus put
would pretend, but, as ctherwiſe, to Death at Noon-day, it is ſuch an
againſt all Attempts and Conſpiracies ; Aggravation of Villany, that truly I
not only againſt his Perſon, Crown, and cannot tell what to ſay. No Story,
Royal Dignity, nor Pope's Sentence, nor that ever was, 'I do not think any Re-
only in order to the Profeſſion of Reli mance, any fabulous Tragedy, can pro-
5
duce
i
.
The TRYAL of the REGICIDE S. 17
duce the like. Gentlemen, If any Per- cellors; if it be but againſt any particus
ſon ſhall now come, and ſhroud himſelf lar Laws, to reform Religion ; to pull
under this pretended Authority, or ſuch down Encloſures; in all theſe Caſes, if
a pretended Authority, you muſt know, Perſons have aſſembled themſelves in a
that this is ſo far from an Excuſe, that warlike Manner to do any of theſe Acts,
that it is an Height of Aggravation. this is Treaſon, and within that Branch
The Court of Common. Pleas is the com of Levying War againſt the King.
mon Shop for Juſtice; in that Court an This was adjudg'd in the late King's
Appeal is brought for Murther, which Time in Berſtead's Caſe, Queen Eliza-
ought to have been in the King's Bench; berb's, Henry the VIII, former Times,
the Court gives Judgment, the Party King James's Time;
King James's Time ; much more, if
is condemn’d, and executed: In this Men will go not only to Levy War
Caſe it is Murther in them that executed, againſt the King, but againſt the Laws,
becauſe they had no Lawful Authority. all the Laws, fubvert all the Laws, to
I ſpeak this to you, to ſhew you, that ſet up New Laws, Models of their own.
no Man can ſhroud himſelf by Colour Ifany of theſe Caſes come to be preſented
of any ſuch falſe or pretended Authori to you, you know what the Laws are.
ty.
Í have but one thing more to add To conclude, you are now to enquire
to you upon this Head, and that is, of Blood, of Royal Blood, of Sacred
(which I ſhould have ſaid at firſt) if Blood, Blood like that of the Saints un.
Two or more do compaſs or imagine der the Altar, crying, Quoufque Domine? "
the King's Death ; if ſome of them go How long, Lord, &c. This Blood cries
on ſo far as to Conſultation, if others of for Vengeance, and it will not be ap-
them go further, they ſentence, and peas'd without a bloody Sacrifice.
execute, put to Death ; in this Caſe they Remember but this, and I have done:
are all Guilty; the firſt Conſultation I ſhall not preſs you upon your
Oaths
was Treaſon. I have no more to add, you are Perſons of Honour ; you all
but one Particular, a few Words. know the Obligation of an Oath. This
As you will have Bills preſented I will ſay, that he that conceals and fa-
againſt theſe for Compaſſing, Imagining, vours the Guilt of Blood, takes it upon
Adjudging the King ; ſo poſſibly you himſelf, wilfully, knowingly, takes it
may have Bills preſented againſt ſome upon himſelf; and we know that when
of thoſe for Levying War againſt the the Jews ſaid, Let his Blood be on us,
King: Levying of War, which is ano and our Seed, it continued unto them
ther Branch of the Statute of 25th of and their Poſterity to this Day.
Edward the Third. It was but declara-
tive of the Common Law; it was no God ſave the King. Amen, Amen.
New Law. By that Law it was Treaſon
to Levy War againſt the King. But His Lordſhip's Speech being ended,
to Levy War againſt the King's Au- Thomas Lee of the Middle-Temple, Lon-
thority; you muſt know is Treaſon too. don, Gentleman, was call'd to give in
If Men will take up Arms upon any the Names of his Witneſſes. The
Publick Pretence ; if it be to expulſé Names of the Witneſſes then and there
Aliens ; if but to pull out Privy Coun: Sworn, follow :
5
E
William
3
18
The TRY AL of the REGICI DE S.
SIR
1
William Clark, Eſq;
The Grand Jury return'd the Indict-
James Nutley, Eſq;
ment Billa Vera.
Mr. George Maſterſon, Clerk, .
The Court adjourn'd to the Old-Baily,
George Farringdon.
loth of Otober.
Hercules Huncks.
Dr. William King.
The roth of October, 1660.
Martin Foſter.
John Baker.
IR John Robinſon, Knight, Lieu-
Stephen Kirk.
tenant of his Majeſties Tower of
Richard Nunnelly.
London, according to his Warrant re-
John Powel.
ceiv'd, delivered to Mr. Sheriff the
John Throgmurton.
Priſoners hereafter named, who were
John Blackwell.
(in ſeveral Coaches) with a ſtrong Guard
Ralph Hardwick.
of Horſe and Foot convey'd to Newgate,
Thomas Walkley, Gent.
and about Nine of the clock in the
Holland Simpſon.
Morning delivered to the Keepers of
Benjamin Francis.
that Priſon, and thence brought to the
Col. Mathew Tbomlinſon.
Seſſions-Houſe in the Old-Baily, London ;
Mr. Lee.
where the Commiſſioners of Oyer and
Robert Ewer.
Terminer were in Court Affembled, and
John King.
where their IndiEtment was publickly
Griffith Bodurdo, Eſq;
read by Edward Shelton, Eſq; Clerk of
Samuel Boardman.
the Crown.
Robert Carr, Eſq;
Richard Young.
Seffions-Houſe in the Old- Baily, Okto-
Sir Purbeck Temple.
ber 10, 1660.
John Ruſhworth, Eſq;
John Gerrard.
THE Court being Affembled, and
Fobn Hearn.
Silence Commanded, the Com-
Mr. Coilmore.
million of Oyer and Terminer was again
Mr. Cunningham.
read. After which, Sir Hardreſs Waller,
Mr. Clench.
Colonel Thomas Harriſon, and Mr.
William Fellop, Eſq;
Willam Feveningham, were brought to
Edward Auftin.
the Bar, and commanded to hold up
Darnal, Eſq;.
their Hands; which Sir Hardrels Wal-
Mr. Brown.
ler, and Mr. Heveningham did; but
Thomas Tongue.
Harriſon being commanded to hold up
John Bowler.
his Hand, anſwered, I am bere ; and
Mr. Sharp
ſaid,
Edward Folley.
My Lord, if you pleaſe, I will ſpeak a
Mr. Gouge.
Word-
Anthony Mildmay, Eſq;.
Court. Hold up your Hand; and
you ſhall be heard in due Time. Mr.
Harriſon,
when
T're TRYAL of the REGICIDE S.
19
.
-
ture.
Harriſon, the Courſe is, that
you
muſt Court. You ſhall have that Liberty
hold up your Hand firſt. And then be
that any Subject of the Nation can have
beld up bis Hand.
or can challenge. No Man, ſtanding
The Indictment was read ; purporting; at the Bar in that Condition you are,
That be, together with others, not ha muſt make any other Anſwer to the In-
ving the Fear of God before his Eyes, and dielment, than Guilly, or Not Guilty.
being inſtigated by the Devil, did malici. I's the common Caſe of all Men.
ouſly, treaſonably, and feloniouſly, con Your Confeffion muſt be Plain and Di-
trary to his due Allegiance, and bounden rect, either Guilty, or Not Guilty.
Duty, fit upon, and condemn our late So. Sir Hirdreſs Waller. My Lord, I do
vereign Lørd, King Charles the Firſt, of defire ſome Time to conſider of it, for it is
ever Bleſſed Memory; and alſo did upon a great Surprizal.
the Thirtieth of January, 1648. Sign Court. You have had Time enough
and Seal a Warrant for the Execution of to conſider of it, you muſt follow the
bis late Sacred and Sirene Majeſty, of Directions of the Court, Guilty, or Not
Bleſſed-Memory, Where alſo, &c. Guilty? You muſt not thus Diſcourſe of
Clerk of the Crown. How ſayeſt being ſurprized; for theſe Diſcourſes are
thou, Sir Hardreſs Waller ? Art thou
contrary to all Proceedings of this Na-
Guilty of that Treaſon whereof thou
ftandeft Indieted, and for which thou Clerk. How ſay you, Sir Hardreſs
haft now been Arraigned ? Or Not Waller ? Are you Guilty, or Not
Guilty ?
Guilty ?
Sir Hardreſs Waller. My Lords, I Sir Hardreſs Waller. I dare not ſay,
dare not Jay, Not Guilty ; but ſince that Not Guilty.
in a Buſineſs of this Nature, we have no Clerk. Will you confeſs then?
Council or Advice, and being not able to Sir Hardreſs Waller. I would be glad
Speak to Matter of Law
to be underſtood
Lord Chief Baron. I am loth to inter Court. Your Plea muſt be direct.
rupt you;
but this is the Courſe: You Guilty, or Not Guilty.
have heard the IndiEtment read, and the Sir Hardreſs Waller, Shall I be beard,
Courſe is, you muſt plead Guilty, or
Not Guilty. There is no
no Medium, Court. Yes, upon your Trial
. There
Guilty or Not Guilty: It is that which is are but two Ways, plead Not Guilty, or
the Law, and the Caſe of all Men. Are confeſs it. Sir Hardreſs Waller,
you Guilty ? Or Not Guilty?
would not have you to be deceived. If
Sir Hardreſs Waller. Í may confeſs you confeſs, and ſay, you are Guilty,
myſelf Guilty of Some Particulars in that there is nothing then but Judgment: If
Indictment, but not of all; for ſo, inſtead you ſay Not Guilly, then you ſhall be
of diſcharging, I fall wound my Con heard with your Evidence. Conſider
ſcience.
with yourſelf. Plead Not Guilly, or
Clerk.
Are you Guilty ? Or Not
Or Not confeſs, and ſay you are Guilty. ***
Guilty?
Sir Hard. Waller. · My Lord, It puts
Sir Hardrefs Waller. If I might have me upon a grear Conteft with myſelf. I
the Liberty to -
shall be very free to open my Heart.
4
Court,
my Lord?
we
20
The TRYAL of the RegiĈI DE S.
:
or if
Court. Sir, you muſt plead Guilty, Lord Chief Baron. There is no Anſwer
or Not Guilty.
but what the Law directs; it is the ſame
Sir Hard. Waller. My Lord, my Con with you as with all others, or as I
dition differs from others, I am a Stranger; would deſire if I were in your Condition.
I have been thirty years tranſplanted into You muſt. plead Not Guilty ;
Ireland, which has made me unacquainted you confeſs Guilty, there muſt be Judg-
with the Affairs of the Laws bere.
ment upon your Confeſſion. The ſame
Court. You muſt keep to the Courſe Rule for one, muſt be for another.
of the Law, either Guilty, or Not Tho. Harriſon. You expreſs your Rule
Guilty. There is but one of theſe two very fair, as well to me, as this Gentle-
Pleas to be made.
man, (pointing at Sir Hardreſs Waller)
Sir Hard. Waller. I dare not ſay, Not but I have ſomething to ſay to your Lord-
Guilty.
hips, which concerns your Lorihips as
Court. There are but theſe three well as myſelf.
Things to be conſidered. Either you Court. You muſt hold, and plead
muſt ſay Guilty, which is Confeffion; Guilty, or Not Guilty. If you go other-
and then there remains no more but wife (as I told you before, it will be as if
Judgment: Or Not Guilty, and then
you pleaded not at all, and then Judg-
you ſhall be heard ; or Judgment will ment will paſs againſt you. The Law
paſs for your ſtanding Mute, which is all gives the Words, frames your Anſwer ;
one as if you had confeffed.
it is none elſe but the Laws: Guiliy, or
Sir Hard. Waller. Inaſmuch as I have Not Guilty?
ſaid, I dare not ſay Not Guilty, I muſt Tho. Harriſon. My Lord, I have
Jay Guilty.
been kept clofe Priſoner near theſe three
Clerk. You ſay you are Guilty? You Montbs, that no body might have acceſs to
confeſs the Indi&tment?
Do you call me to give you a Legal
Sir Hardreſs Waller. Yes.
Anſwer, not knowing of my Trial till
Nine of the Clock lajt Night, and brought
Clerk. Thomas Harriſon, How ſayeſt away from the Tower, to this place, at
thou? Art thou Guilty of the Treaſon fix of the Clock this Morning?
whereof thou ftandeft IndiEted, and art Court. You muſt give your direct
how Arraigned? Or Not Guilty? Anſwer, Guilty, or Not Guilty. You
Thomas Harriſon. My Lords, have I cannot ſay it is ſudden, or unprovided.
Liberty to speak?
You ſpend Time in vain. You trouble
Court. No more (at this Time) than the Court. You muſt plead Guilty, or
Guilty, or Not Guilty. Mr. Harriſon,
Mr. Harriſon, Not Guilty. We muſt not ſuffer
you have heard the Direction before. make Diſcourſes here. You muſt plead
We can give you but the fame Rule. If either Guilty, or Not Guilty.
you plead not Guilty, you ſhall be heard Clerk. Are you Guilty? Or Not
at large; if Guilty, you know what Guilty?
remains.
Thomas Harriſon. I am speaking.
Tho. Harriſon. Will you give me Shall I not ſpeak two Words?
Leave to give you my Anſwer in my own Court. If you will not put yourſelf
Words,
upon
me.
you to
The TRYAL of the REGICIDE S.
21
typ
1
your Plea?
upon your Trial, you muſt expect that Court. Are you Guilty ? Or Noi
Courſe that the Law directs.
Guilty?
Tho. Harriſon. May it pleaſe your Tho. Harriſon. Will you give me your
Lordſhips, I am now —
Advice?
Clerk. Are you Guilty? or Not Guil Court. We do give you Advice.
The Advice is, there is no other Plea,
Tho. Harriſon. I deſire to be adviſed but Guilty, or Not Guilty. You ſhají
by the Law; this is a Special Cafe. be heard, when you have put yourſelf
Court. The Law allows nothing now,
upon your Trial.
but to plead Guilty, or Not Guilly.
Clerk. Are you Guilty ? Or Not
Court. You muſt plead to your In- Guilty ?
dictment. If it be Treaſon, it cannot be Tho. Harriſon. You do deny me Coun-
juſtiſied; if it be juſtifiable, it is not cil, then I do plead Not Guilty.
Treaſon : Therefore plead Guilty, or Clerk. You plead Not Guilty, Is this
Not Guilty.
Tho. Harriſon. Give me Advice in Tho. Harriſon. Yes.
this
Clerk. How will you be tried ?
Clerk. Tho. Harriſon, Are you Guilty? Tho. Harriſon. I will be tried accord.
Or Not Guilty ?
ing to the Laws of the Lord.
Tho, Harriſon.
I would willingly
Clerk. Whether by God and the
render an Account of all my Dzings Country?
Clerk. Are you Guilty? Or Not Lord Chief Baron. Now I muſt tell
Guilty ?
you, if you do not put yourſelf upon your
Court
. You have been acquainted with Country, you have ſaid nothing:
the Legal Proceedings.
You never
Clerk. How will you be tried ?
found in all your Experience, that any Tho. Harriſon. It is to put myſelf
Priſoner at the Bar, for Felony or Trea- upon what you pleaſe to put me upon.
fon, was ſuffered thus to diſcourſe, or Court. If you underſtand, (you are
to anſwer otherwiſe than Guilty, or Not not every Man, you are verſed in Pro-
Guilty.
ceedings of Law,) you know you muſt
Clerk. Are you Guilty? Or Not put yourſelf upon the Trial of God and
Guilty?
your Country, if you do nor, it is as
Mr. Sol. Gen. I do beſeech your Lord- good as if you had ſaid nothing.
hips be may plead; peradventure, be Tho. Harriſon. You have been miſin.
knows his Cafe ro well, that he thinks it formed of me
as cheap to defy the Court as ſubmit to Court. You have pleaded Not Guilty;
it.
that which remains is, that you muſt be
Court. We muſt enter your ſtanding tried by God and the Country, otherwiſe
Mute; that's Judgment.
we muft Record your ſtanding Mute.
Clerk. Are you Guilty ? Oi Not Clerk. How will you be tried ?
Guilty ?
Tho, Harriſon. I will be tried accorda
Tho. Harriſon Will you refuſe to give ing to the ordinary Courſe.
me any Satisfa&tion?
Clerk. Whether by God and the
6
F
Country?
22
The TRYAL of the REGICIDE s.
verance.
Country? You muſt ſpeak the Words. The Indictment was read again, as to
Thomas Harriſon. They are vain the former Perfons.
Words-
Clerk. Ifaac Pennington, Hold up
Court. We have given you a great thy Hand. How fayet thou? Art
deal of Liberty and Scope, which is not thou Guilty of the Treaſon whereof thou
uſual. It is the Courſe, and Proceedings ſtandeſt Indicted, and art now Arraigned?
of Law; if you will be tried, you mult Or Not Guilty?
put yourſelf upon God and the Coun Iſaac Pennington. Not Guilty, my
try.
Lord,
Clerk. How will you be tried ?
Clerk. How will you be tried ?
Tho. Harriſon. I do offer myſelf to be Iſaac Pennington. By God and the
tried in your own Way, by God and my country.
Country
Clerk. God ſend you a good Deli-
Clerk. God ſend you a good Deli-
verance.
Clerk. Henry Marten, How ſayeſt
thou? Art thou Guilty of the Treaſon
Clerk. William Heveningham, Hold whereof thou ſtandeſt IndiEted, and art
up your Hand. How ſayeſt thou ? Art now Arraigned? Or Not Guilty?
thou Guilty of the Treaſon whereof thou Hen. Marten. I defire the Benefit of
ſtandeſt Indieted, and art now Arraigned? the Aet of Oblivion
Or Not Guilty?
Clerk. Are you Guilty ? Or Nat
William Heveningham. Not Guilty.
Guilty?
Clerk. How will you be tried.
Court. You are to underſtand the
William Heveningham. By God and Law is this, the ſame to you and every
the Country.
one ; you are to plead Guilty, or Not
Clerk. God ſend you a good Deli- Guilty. If you will demand the Benefit
verance.
of the Aet of Oblivion, it is a Confeſſion
of being Guilty.
Sir Hardrefs Waller then preſented his Hen. Marten. I bumbly conceive the
Petition to the Court, directed to the Act of Indemnity-
King's Majeſty, and the Parliament, Court. You muſt plead Guilly, or
which was received, but not at this Court Not Guilty.
read; and then the three Perſons aforeſaiu Hen. Marten. If I plead, I loſe the
cvere diſmiſſed.
Benefit of that AET.
Court. You are totally excepted out
Clerk. Bring to the Bar Iſaac Pen- of the Act.
nington, Elq; Henry Marten, Eſq; Gil Hen. Marten. If it were jo I would
bert Millington, Gentleman; Robert plead. My Name is not in that As.
Fitchbourn, Eſq; Owen Roe, Eſq; and Court. Henry Martin is there.
Robert Lilburn, Gentleman; who were Mr., Soll. Gen.. Surely he hath been
called, and appeared at the Bar; and kept cloſe Priſoner indeed, if he hath not
being commanded ſeveraliy, held up ſeen the Act of Indeminity. Shew it
their Hands.
bim.
Mr
5
a
The TRYAL of the ReGICIDE S.
23
verance.
Mr. Shelton opening the Act. give any thing in Evidence that the Law
Court. How is it written?
warrants to be lawful Evidence.
Clerk. It is Henry Martin.
Clerk. Are you Guilty?
Or Not
And then the A&t was ewed to the ſaid Guilty ?
Mr. Marten.
Court. Underſtand one thing, be-
Hen. Marten. Henry Martin. My cauſe I would not have you miltaken;
Name is not ſo, it is Harry Marien. you cannot give in Evidence the Mif-
Court. The Difference of the Sound is
nomer, but any thing to the Matter of
very little. You are known by that Faet.
Name of Martin.
Hen. Marten. I ſubmit, and plead
Hen. Marten. I bumbly conceive all Not Guilty.
Penal Statutes ought to be underſtood Li Clerk. How will you be tried ?
terally.
Hen. Marten. By God and the Coun-
Clerk. Are you Guilty ? Or Not try.
Guilty ?
Clerk. God ſend you a good Deli-
Hen. Marten. I am not Henry Mar-
tin
Clerk. Are you Guilty ? Or Not Clerk. Gilbert Millington, Hold up
Guilty
your. Hand. How ſayeſt thou? Art
Court. Be adviſed ; the Effect of this thou Guilty of the Treaſon whereof thou:
Plea will be Judgment.
ſtandeſt Indieted, and art now Arraign-
Here Mr. Soll. Gen. cited ſomewhat ed? Or Not Guilty?
Parallel to this in a Cafe formerly of Gilb. Millington. My Lord I am an
Baxter, where the Name was Bagifter Ancient Man, and Deaf ; I huinbly crave
with an S, and adjudged all one, being your Lordſhip's Pardon to hear me a fece
of the ſame Sound.
Words; I will promiſe it Mall be perti-
Clerk, Are you Guilty ? Or Not nent enough.
Guilty?
Mr. sol. Gen. Impertinent enough,
Hen. Marten. My Lord, I deſire be means.
Council; there will ariſe Matter of Law, : Court. You muſt plead either Guiltys,
as well as Fact.
and ſo confeſs it, or Not Guilty, and
Court. You are Indicted for Treaſon, then you ſhall be heard any thing for
for a Malicious, Traiţerous Compaſſing your Juſtification.
and Imagining the King's Death; if Clerk. Are you Guilty Or Not
you have any Thing of Juſtification, Guilty ?
plead Not Guilty, and you ſhall be Gilb. Millington. I deſire I' may
heard; for if it be juſtifiable, it is not Court. There is nothing you can ſay,
Treaſon. The Rule is, either you muſt but Guilty, or Not Guilty; all, ocher
plead Guilty, and ſo confeſs; or Not Diſcourſes turn upon yourſelf.
Guilty, and put yourſelf upon your Trial; Clerk. Are you Guilty ? Or Not
there is no Medium.
Guilty ?
Hen. Marten. May I give any thing. • Gilb. Millington. You might enlighten:
in Evidence before Verdict ?
me in fome Scruples. Does my Pauſe
Gurt.. Yes, upon your Trial you may txouble you much a fhould not be long
Counti
24
The TRY AL of the REGICIDE S.
.
***
your Hand.
Court. Your particular Caſe cannot Point of Law with thoſe Noble Gentlemen.
differ from others.
To the Matter of fact this is my Plea,
Clerk. Are you Guilty ? Or Not In M.inner and Form that I ſtand In-
Guilly?
dicted, I am Not Guilty.
Giib. Millington. There are ſome Clerk. How will you be tried?
Things in the Indielment that I can fay Titchbourn. By God and the Coun-
Not Guilty to, there are others that I try.
muſt deal ingenouſly, and confeſs theni. Clerk. God ſend the a good Deli-
Clerk. Are you Guilty in Manner verance.
and Form as you are Indicted? Or Not
Guilty?
Clerk. Owen Roe, Hold up your
Gilb. Millington. Not Guilty.
Hind. How fayeft thou? Are thou
Clerk. How will you be tried ? Guiliy of the Treaſon whereof thou
Gilb. Millington. By God and the ſtandeſt Indieted, and art now Arraign-
Country.
ed? Or Not Guilty ?
Clerk. God ſend you a good Deli Owen Roe. My Lord, there bath
verance.
been so much ſaid already by others, I
think I need ſay no more.
In Manner
Clerk. Robert Titchheurn, Huld up and Form as I am now Indicted, I
How fayeft thou? Art plead Not Guilty.
thou Guilty of the Treaion whereof thou Clerk. How will you be tried ?
ftandelt Indicted, and art now Arraign Owen Roe. By God and the Country.
ed? Or Not Guilty ?
Clerk. God ſend you a good Deli-
Titchbourn. My Lord, I have been a
very cloſe Priſoner, without any Advice;
I am altogether unable in Law to speak. Clerk. Robert Lilburn, Hold up your
Court. You know the Courſe hath Hind. How ſayeſt thou? Art thou
been delivered to you by others, I will Guilty of the Treaſon whereof thou
not trouble you with it. It is neither ſtandeſt Indieted, and art now Arraign-
long nor ſhort; the Law requires your ed, or Not Guilty ?
Anſwer, Guilty, or Not Guilty ?
Robert Lilburn. I defire, in regard
Titchbourn. Spare me but one Word. that being so cloſe a Priſoner for twenty
If upon the Tryal there shall appear to be Days, that no body has been ſuffered to
Matter of Law, full I have the Liberly adviſe with me
of Council for it? If I ſhall be put in Lord Chief Baron. I muſt interrupt
my own Cafe to plead Matter of Law you. You muſt not miſ-ſpend the Time,
againſt thoſe Noble Perſons who plead on Underſtand the Law. You muſt plead
the other part, I all but prejudice
. my Guilty, or Not Guilty.
ſelf, and therefore I crave Council. Rob. Lilburn. Will you give me leave.
Court. You muſt plead Guilty, or to defire Council before I plead, to adviſe
Not Guilty.
me toucbing my Plea.
Tirchbourn. I bave no Reafon nor Clerk. Are you Guiliy, or Not
Deſign to diſpleaſe you. I am ſure I am
Guilty ?
no ways able to plead with Equaineſs in Robert Lilburn. I deſire Council
Court.
verance.
::
The TRIAL of the Re GICID B . 25
verance.
Court. Take heed; if that be your Guilty ofthe Treaſon whereof thou art
Anſwer, You defire Council, and do not Indifted and art now Arraign'd, or Not
plead, and that be Recorded, Judg. Guilty ?
ment will paſs againſt you. There is John Carew. There is some Special
nothing to plead, but Guilty, or Not Matter in that Indictment, that ought
Guilty. If Not Guilty, what you have not to be before--.
to ſay will be heard.
Court. Are you Guilty, or Not Guilty?
Rob. Lilburn. If you over-rule me, I John Carew. Saving to our Lord
muſt ſubmit.
Jeſus Chriſt his Right to the Government
Court. Do not let ſuch Language fall of theſe Kingdoms -
from you ; it is improper.
Clerk. Are you Guilty, or Not
The Law gives us a Rule. The Pri- Guilty ?
ſoner muſt plead Guilty, or Not Guilty. John Carew. I ſay I am Not Guilty?
Rob. Lilburn. I ſay then, In Manner Clerk. How will you be tried ?
and Form as I am IndiEted, I am Not John Carew. How would you have me?
Guilty.
Clerk. Will you be tried by God and
Clerk. How will you be tried ? the Country?
Rob. Lilburn. By God and the Coun John Carew. Ay, if you will.
try:
Clerk. You muſt ſay the Words.
Blerk. God ſend you a good Deli- How will you be tried ?
John Carew. By God and the Coun-
try.
Clerk. Bring to the Bar Adrian Scroop, Clerk. God ſend you a good Deliver-
John Carew, John Jones, Thomas Scot,
Gregory Clement, and John Cook.
Who were brought accordingly; and Clerk. John Jones, Hold up thy
being commanded, severally held up their Hand. How fayeſt thou? Are thou
Hands at tbe Bar.
Guilty of the Treaſon whereof thou
The Indictment was read to the Perfons ſtandeſt Indi&ted, and for which thou
at the Bar as before.
art now Arraigned, or Not Guilty ?
Clerk. Adrian Scroop, Hold up thy John Jones. Not Guilty, My Lord.
Hand. How ſayeſt thou ? Art thou Clerk. How will you be tried ?
Guilty of the Treaſon whereof thou John Jones. By God and the Coun-
ſtandeft Indicted, and art now Arraigned, try.
of Not Guilty ?
Clerk. God ſend you a good Deliver-
Adr. Scroop. My Lord, Not Guilty. ance.
Clerk. How will you be tried ?
Adr. Scroop. By God and the Coun Clerk. Thomas Scot, Hold up thy
try.
Hand. How fayeft thou? Art thou
Clerk. God ſend thee a good Deli- Guilty of the Treaſon whereof thou
ſtandeſt IndiEted, and for which chou
art now Arraigned, or Not Guilty ?
Clerk. John Carew, Hold up thy Th. Scot. Truly I cannot-call it Trea-
Hand. How ſayeſt thou? Art thou ſon, and therefore I plead Not Guilty.
7
G
Clerk
ance.
verance.
26
The TRY A L of the REGICIDE S.
6.
ance.
ance.
ance.
Clerk. How will you be tried ?
Clerk. Edmund Harvey; Hold up
Th. Scot. By God and the Country. your Hand. How fayeſt thou? Art
Clerk. God ſend you a good Deliver thou Guilty of the Treaſon whereof thou
ſtandeſt IndiEted, and for which thou
art now Arraigned, or Not Guilty?
Clerk. Gregory Clemnent, Hold up Edmund Harvey. Not Guilty my
your Hand, How ſayeſt thou? Are Lord.
thou Guilty of the Treaſon whereof thou Clerk. How will you be tried ?
ftandeft IndiEted, and for which thou
Edmund Harvey. By God and the
art now Arraigned, or Not Guilty?
Country.
Greg. Clement. My Lord, I cannot Clerk. God ſend you a good Deliver-
excuſe myſelf in many Particulars; but
as to my Indictment, as there it is, I
plead Not Guilty.
Clerk. Henry Smith, Hold up thy
Glerk. How will you be tried ? Hand. How ſayeſt thou? Art thou
Greg. Clement. By God and the Guilty of the Treaſon whereof thou art
Country
Indicted, and for which thou art now
Clerk. God ſend you a good Deliver- Arraigned, or Not Guilty ?
Henry Smith. Not Guilty, my Lord.
Clerk. How will you be tried?
Clerk John Cook, Hold up thy Henry Smith. By God and the Coun-
Hand. How fayeſt thou? Art thou try.
Guilty of the Treaſon whereof thou Clerk. God ſend you a good Deliver-
ſtandeſt Indi&ted, and for which thou
art now Arraigned, or Not Guilty ? John Downs, Vincent Potter, Au-
John Cook. I bumbly conceive that guſtine Garland, upon the Queſtion pre-
this is now Time to move for Council for ſently pleaded Not Guilty, and put them-
Matter of Law.---
ſelves on God and the Country to be
Court. You know too well the Man tried.
ner of the Court. Are you Guilty, or
Not Guilty?
Clerk. Set to the Bar George Fleetwvod,
John Cook. Not Guilty.
Simon Meyn, James Temple, Peter Tema
Clerk. How will you be tried? ple, Thomas Wait, Hugb Peters, Francis
John Cook. By God and the Country. Hacker, and Daniel Axtel
.
Clerk. God ſend you a good Deliver Who being at the Bar, held up their
Hands according to Order; afterward the
Clerk read the Indictment against the
Clerk. Bring Edmund Harvey, Henry Said Perſons ; which being ended, be pro-
Smith, John Downs, Vincent Potter, ceeded in this Manner.
and Auguſtine Garland, to the Bar. Clerk. George Fleetwood, Hold up
Who were brought accordingly, and thy Hand. What ſayeft thou? Art
being commanded, ſeverally held up their thou Guilty of this horrid Treaſon,
Hands. The Indictment was read to whereof thou ſtandeſt Indieted, and art.
theme
now Arraigned, or Not Guilty ?
George
ance.
일
​ance.
The TRYAL of the Re'GICIDE S.
27
ance.
George Fleetwood. My Lord, I came Peter Temple. By God and the Coun-
in upon his Majeſty's Proclamation.
try.
Clerk.. Art thou Guilty, or Not Clerk, God ſend you a good Deliver-
Guilty ?
George Fleetwood. I muſt confeſs I
am Guilty, (and thereupon be delivered a Clerk. Thomas Wait, Hold up your
Petition in to the Court, which he ſaid Hand. How ſayeſt thou? Art thou
was direčted to his Majeſty and the Par- Guilty of the Treaſon whereof thou
liament, and the Court did receive it ac ſtandeſt Indicted, and for which thou
cordingly.)
art Arraigned? Or, Not Guilty ?
Clerk. Set him aſide.
Tho. Wait. I deſire to be heard a Word
or two-
Clerk. Simon Meyn, Hold up thy Court. There is a Rule of Law which
Hand. What ſayeſt thou? Are thou is ſet to us and you, that in all thefe
Guilty of this horrid Treaſon whereof Caſes you are to plead Guilty, or Not
thou ftandeft Indi&ted, and art now Ar Guilty. When you have pleaded, if Not
raigned, or Not Guilty ?
Guilty, you may ſpeak what you will in
Simon Meyn. Not Guilty. I came in its proper Time.
upon bis Majeſty's Proclamation, my Clerk. Are you Guilty ? Or, Not
Lord.
Guilty ?
Clerk. How wilt thou be tried?
Tho, Wait. I pray let me be heard a'
Şim. Meyn. By God and the Country. Word. I am very unwilling to spend :
Clerk. God ſend the a good Deliver Time, knowing you have a great deal of
ance.
Buſineſs. I am very unwilling to deprive
myſelf of my native Right. I ſhall ſpeak.
Clerk. James Temple, Hold up thy nothing but that which is Truth.
Hand. What ſayeſt thou? Art-thou Court. Do not Preface then, but
Guilty of this horrid Treaſon, whereof ſpeak what you would ſay.
thou ſtandeſt Indicted, and art now Tho. Wait. My Lord, my Caſe is :
Arraigned? Or, Not Guilty ?
different from the rest.
James Temple
. Not Guilty,
Court. Whatſoever the Cafe be, you
Clerk. How wilt thou be tried ?: have no Plea to us, but Guilty, or Nat.
James Temple. By God and the Coun Guilty. We can go no other Way..
try.
The Law ſets out your Plea.
Clerk. God fend you a good Deliver Tho. Wait. My Lord, I would ſpeak
one Word. There was a great Peer af
this Nation indiêted at Northampton,
Clerk. Peter Temple, Hold up your within theſe two Years, for killinga:
Hand., How "fayeft thou? Are thou Man. The Judges therem ..
Guilty of the Treaſon whereof thou Court. You muſt plead Guilty, or
ſtandeſt Indicted, and for which thou Not Guilty. Pray, who are you that
art now Arraigned? Or, Not Guilty ? ſhould take this upon you more than :
Peter Temple. Not Guilty.
all the reſt? You muſt go to the ordi-
Clerk. How wilt thou be tried ?
nary. Way; : Guilty ? Or, Not Guilty?.
We
anco.
28 The TRIAL of the REGICI DE S.
ance.
14
We do not intend to prevent any Thing Clerk. Art thoa Guilty ? Or, Not
you have to ſay, but it muſt be proper. Guilty?
Clerk. Are you Guilty ? Or, Not Dan. Axtel. My Lordsă give me leave
Guilty?
to ſpeak. For the Matter of the Indiet-
Tho. Wait. I cannot ſay I am Guilty. ment I conceive is upon the King's Death;
Court. How then?
that there is a Commiſſion of Oyer and
Tho. Wait. I am Not Guilty. Terminer for you to fit: But in regard it
Clerk. How wilt thou be tried ? was in Purſuance of an Act of Parlia-
Tho. Wait. By God and the Country. ment, I conceive no Inferior Court ought
Clerk. God ſend thee a good Deliver- to judge of it. I deſire Council, it being
of great and eminent Concernment in Law,
That ever any Judges, or any Inferior
Clerk. Hugh Peters, . Hold up thy Court, ſhall judge of the Powers and Pri-
Hand. How ſayeſt thou? Art thou vileges of a Parliament; and I pray that
Guilty of the Treaſon whereof thou Council may be aligned me.
ſtandeft Indicted, and for which thou Clerk. Are you Guilly? Or, Not
art now Arraigned? Or, Not Guilty ? Guilty ?
Hugh Peters. I would not for ten Dan. Axtel. If the Court over-rule
thouſand Worlds ſay I am Guilty. I am me, and I fall not have my Liberty, as
Not Guilty.
an Engliſhman
Clerk. How will you be tried ?
Court. The Courſe of Law is this;
Hugh Peters. By the Word of God. No Man can juſtify Treaſon. If the
(Here the People laughed.)
Matter which you have to ſay be juſtifi-
Court. You muſt ſay, By God and the able, it is not Treaſon; if Treaſon, it
Country. Tell him you that ſtand by is not juſtifiable; therefore you muſt go
him, what he ſhould ſay, if he doth not to the ordinary Courſe of the Law.
know.
You muſt plead Guilty, or Not Guilty.
Clerk. How will you be tried ?
Dan. Axcel. I can produce many Pre-
Hugh Peters. By God and the Coun cedents
try.
Court. Are you Guilty ? Or Not
Clerk. God ſend thee a good Deliver- Guilty? The Language is put into your
ance.
Mouth. You have no other Words to
expreſs yourſelf by at this Time, but
Clerk. Daniel Axtel, hold up thy Guilty, or Not Guilty.
Hand. What ſayeſt thou? Art thou Dan. Axtel. Judge Heath bad Coun-
Guilty of the Treaſon whereof thou cil aſign'd him upon the fame Caſe.
ftandeft Indi&ted, and for which thou Court. That is very Strange; the
art now Arraigned? Or, Not Guilty ? Same Cafe? What, was it for killing
Dan. Axtel. May it pleaſe your Lord. King ?
ſhips, I deſire to have the Freedom of an Dan. Axtel. If the Court will over-
Engliſhman; that which is my Right rule me, I cannoi belp it.
by Law and Inberitance: I have some Mr. Sollicitor-Gen. It may be this
thing to offer in Point of Law.
Gentleman may be deceived by a Miſ-
take. It may be, he knows not the
a
2
Law,
The TRYAL of the REGICIDES.
29
Law, which your Lord ſhips way be Thomas Harriſon, Adrian Scroop,
pleas'd to acquaint him with: That to Yoon Carew, John Jones, Gregory Cle
ſtand Mute in High-Treaſon is all one ment, Thomas Scot, were brought to the
as to confeſs the Fact, and will have
Bar accordingly. After which Silence
the fame Sentence and Condemnation was commanded.
upon them, as if they had confeffed it.
Court. You that are the Priſoners at
Lord Chief Biron. Then I'll tell you the Bar, if you, or any of you, deſire
the Law: He that doch refuſe to put Pen, Ink, and Paper, you ſhall have it;
himſelf upon his Legal Trial of God and and if you, or any of you, will chal4 ·
the Country, is a Mute in Law; and lenge any of the Jury, you may when
therefore you muſt Plead Guilty, or Not they come to be Sworn, and that before
Guilty. Let his Language be what it they are Sworn.
will, he is a Mute in Law.
Sir Thomas Allen being call'd, was
Dan. Axtel. I do not refuſe it.
deſired to look on the Priſoner, and
Court. Then ſay.
lay his Hand on the Book : His Oath
Dan. Axtel. I am Not Guilty.
was then read to him, viz. You
Clerk. How will you be tried ?
fhall well and truly Try, and true
Dan. Axcel. By twelve Lawful Men, Deliverance make, between our
according to the Conſtitutions of the Sovereign Lord the King, and the
Law.
Priſoners at the Bar, whom you
Court. That is, by God and the Coun ſhall have in Charge, according to
try.
your Evidence. So help you God.
Dan. Axtel. That is not Lawful. Sir Joſhua Alh being next callid, Mr.
God is not locally here.
Scroop excepted againſt him.
Clerk. How wilt thou be tried ? you Sir Jeremy Whichcot, Baronet, be.
muſt ſay, By God and the Country. ing next to be sworn, Mr. Harriſon
Dan. Axtel. By God and the Country. excepted againſt him.
Clerk. God ſend you a good Deliver James Hally, Eſquire, being next to
ance.
be Sworn, Mr. Scot excepted againſt
Lord Chief Biron. Mr. Axtel, have him.
you your Papers again?
Court. If you will not agree (ſpeaking
Dan. Axtel. res, my Lord.
to the Priſoners) in your Challenges, we
Lord Chief Baron. When your Indiet muſt be forc'd to try you ſeverally.
ment is read the Second Time, when you Henry Mildmay, Eſq; being calld
come to your Trial, you may take what next, Mr. Scroop excepted againſt him.
Notes you pleaſe.
Court. We muſt needs try them fe-
The Court then adjourned to the ſame verally, therefore ſet them all aſide but
Place, till the next Morning Seven of the Harriſon.
Clock.
Court. Gentlemen, you that are ex-
San
cepted muſt not depart the Court.
O&tober 11th, 1660.
Sir Joſhua Aſh being again calid, was
The Court being aſſembled, the excepted againſt by Mr. Harriſon.
Keeper was commanded to ſet the Priſo Sir Jeremy Whichcot, Bart. James
ners to the Bar,
H
Halley,
8
30
The TRIAL of the RegicID E S.
Halley, Eſq; Henry Mildmay, Eſq; Thomas Franklin ſworn.
Chriſtopher Abdy, being called again, Thomas Winter challenged.
were ſeverally excepted against by the Richard Nichol Sworn.
Priſoner.
Moyce being ſick, prayed Excuſe,
Court. Mr. Harriſon, You know the which was granted accordingly.
Law. You muſt ſay, I Challenge him. Richard Cheyney challenged.
Mr. Harriſon. I jhall, Sir.
Allen Parſons challenged.
Ralph Hartly being next called, and Henry Edlin called.
being very fick, humbly prayed to be Mr. Harriſon. I challenge him.
excus'd by the Court,
which was
Mr. Harriſon. Let him be Sworn.
granted.
Court. No, No. (Whereupon he was
Arthur Newman was called next. ſet aſide.)
· Mr. Harriſon. May I not aſk of what Mr. Harriſon. If I have any Appre-
Quality he is
henſion or Knowledge of them, that's the
Court. No, Sir, you are to challenge Thing that leads me to it; as touching
him, or not to challenge him.
this Man, he may be Sworn.
Mr. Harriſon. I challenge him.
Court. When he is Challenged he
Thomas Blith was next called, and alſo cannot be recalled.
challenged.
Mr. Harriſon. I am content.
(Here the People ſeem'd to laugh.)
Samuel Greenbill Sworn.
Mr. Harriſon. My Lord, I muſt make Thomas Bide, Challenged.
uſe of my Liberty in this caſe.
John Page, Challenged.
Court. God forbid.
Richard Rider, Challenged.
Then Grover, Robert Clark, and Mr. Harriſon. Left I may run into any
Richard Whally, were called, and by Hazard, in making uſe of that Liberty
Mr. Harriſon challenged.
which the Law gives me in this caſe,
Court. Mr. Harriſon, you know how and having not taken Notice of any Per-
many to challenge ; if you go beyond fons challenged, I mean as to the Number;
the Number, at your own Peril be it. 1 defire your Officer that takes Notice,
Mr. Harriſon. My Lord, pray tell may acquaint me with the Number.
me what it is.
Court. You ſhall know it; God forbid
Court. You ſay very well ; God for-
the contrary,
bid but you ſhould know. You may Edward Rolph was called next.
challenge five and thirty peremptorily, Mr. Harriſon. Mr. Rolph is the
if
you go beyond,' you know the Dan Name? let bim be sworn.
ger.
Sworn
Mr. Harriſon. My Lord, I do not Francis Beal, Challenged,
this to keep you off from the Buſineſs. · John Kirk, Challenged.
William Vincent, and Henry Twiford, Charles Pitfield, Challenged.
were then called, and challenged. John Smith, Challenged.
John Lifle was next called.
Bell, Sworn.
Mr. Harriſon. I do not know him. Edw. Franklin, Challenged.
Mr. Life. Nor ) you, Mr, Harriſon. Will, Whitcomb, Challenged.
He was Sworn.
Samuel Harris, Sworn,
Yohn
The TRIAL of the REGICIDE S. 31
thy Hand.
John Collins, Challenged.
George Maſterfon, James Nutley;
Thomas Snow, Sworn.
Robert Coytmore, Holland Simfon, and
William Blunt, Challenged.
William Fellop, Witneſſes, were called.
George Rigth, Challenged.
Court. Gentlemen, that are not of the
John Nichol of Finchley, Sworn. Jury, pray clear the Paſſage. The
Timothy Taylor, Challenged.
Priſoner is here for Life and Death, ler
Thomas Fruin, Challenged.
him have Liberty to ſee the Jury.
Richard Abel, Challenged.
Clerk. Thomas Harriſon, Hold up
Thomas Morris, Sworn.
Ambroſe Scudamore, Challenged.
Clerk. Look upon the Priſoner, you
Ralph Halſey, Challenged.
that are Sworn. You ſhall underſtand,
George Tirry, Challenged.
that the Priſoner at the Bar ſtands indiet-
Court. You have challenged thirtyed by the Name of Thomas Harriſon,
three already,
late of Weſtminſter, in the County of
Mr. Harriſon. I pray the Names may Middleſex, Gentleman ; for that be,
be read to me, to ſee if it be fo.
together with John Liſe, & c. (here the
Court. When you come to thirty five, Indictment was read) upon which In-
you ſhall have the Names read.
dietment be bath been Arraigned, and
John Galliard, Challenged.
thereunto hath pleaded Not Guilty; and
Thomas Swallow, Challenged. for his Trial, bats put himſelf upon God
Court. Now read their Names to and the Country, which Country you are.
him.
Now your Charge is to enquire, whether
Which were read accordingly. In all,
In all, bebe Guilty of the High-Treaſon in Man-
thirty five challenged.
ner and Form as he ſtands Indieted, or
George Pickering was next called, and Not Guilty. If you find that he is Guilty.
Sworn.
you fall enquire what Goods and Chattels
Then they were called over who were be bad at ibe Time of committing the ſaid
admitted, viz.
Treaſon, or at any Time fitbence. If you
Sir Thomas Allen, John Life, Thomas find that he is Not Guilty, you ſhall en-
Franklin, Richard Nichol, Samuel Green- quire whether he did fly for it ; if you
bill, Edward Rolph, Bell, Samuel find that he fled for it, you hall enquire of
Harris, Thomas Snow, Fobn Nichol, bis Goods and Chattels, as if you had.
Thomas Morris, George Pickering and found him Guilty: If you find that he is
ſworn;
Not Guilty, nor that he did fly, you shall
Praclamation was then made ſay fo, and no more. And take beed to your
If any Man can inform my Lords the Evidence.
King's Juſtices, the King's Serjeant, or Mr. Keeling enforced the Charge at
the King's Attorney, before this Inqueft large: After whom Sir Heneage Finch,
' be taken, let them come forth, and they his Majeſty's Sollicitor General, in theſe
shall be beard, for now the Priſoner ſtands Words.
at the Bar upon bis Deliverance. And A Y it pleaſe your Lordſhips,
all thoſe bound by Recognizance to appear, We bring before your Lord-
let them come forth, and give their Evi- ſhips into Judgment this Day, the
dence, or elſe to forfeit their Recogni- Murtberers of a King. A Man would
zahce.
think
2
M
32
The TRYAL of the REGICI DE S.
:
*
think the Laws of God and Man had Law has been verified by a ſad Experi-
ſo fully ſecured theſe Sacred Perſons, ence: For when that Bleſed King (whoſe
that the Sons of Violence ſhould never Blood we are now making Inquiſition for)
approach to hurt them: For (my Lord) was untimely taken away, Religion and
the very Thoughts of ſuch an Attempt Juſtice both lay buried in the fame Grave
hath ever been repreſented by all Laws, with him ; and there they had Nept ſtill,
in all Ages, in all Nations of the World, if the miraculous Return of our gracious
as a moſt unpardonable Treaſon. My Sovereign had not given them a new
Lord, This is that that brought the two Reſurrection.
Eunuchs in the Perſian Court, to their My Lords, My Lord Coke in his
juſt Deſtruction ; Voluerunt inſurgere, Comment upon this Statute, has one Con-
ſays the Text ; and yet that was enough ceit, which is ſomewhat ſtrange ; I am
to Attaint them. And ſo (my Lords) it ſure it is very New: He ſeems to think,
was by the Roman Laws too, as Tacitus that it would have added to the Perfec-
obferves; Qui deliberant defciverunt: tion of this Law, if there had been a
To Doubt or Heſitate in a Point of Alle- Time limited for the Party to be accu-
giance, is direct Treaſon and Apoſtaſy. fed. But certainly the Work of this
And upon this Ground it is, that the Day has quite confuted that Imagination.
Statute upon which your Lordſhips are For here is a Treaſon that has ſo long
how to proceed, hath theſe expreſs out-fac'd the Law, and the Juſtice of
Words, If a Man do Compaſs or Imagine this Kingdom; that if there had been
the Death of the King, &c. Kings, who any Time of Limitation in the Statute,
are God's Vicegerents upon Earth, have there would have been no Time nor
thus far a kind of Reſemblance of the Place for Puniſhment. And if this
Divine Majeſty, that their Subjects Treaſon had but once grown up to an
ftand accountable to them for the very Impunity, it might perhaps have drawn
Thoughts of their Hearts. Not that
Not that the Guilt of that Innocent Blood, and
any Man can know the Heart, fave God with it, the Vengeance due to it, upon
alone; but becauſe when the Wicked the whole Nation.
Heart breaks out into any open Expreſ The Scope of this Indictment is, For
lions, by which it may be judged, 'tis Compaſſing the Death of the King ; the
the Thoughts of the Heart which makes reſt of the Indictment, as the Uſurping
the Treaton : the Overt- Aft is but the Authority over the King's Perfon, the
Evidence of it
Aſembling, Sitting, Judging, and Kill-
My Lords, This Care and Caution is ing of the King, are but ſo many feve-
not ſo to be underſtood, as if it were ral Overt-Aits, to prove the Intention
the Single Intereſt of one Royal Perſon of the Heart. We are not bound (under
only. The Law doth wiſely judge and Favour) to prove every one of theſe
foreſee, that upon the Life of the King, againſt every particular Perſon who is
depends the Laws and Liberties, the Indicted; for he that is in at one, is
Eſtates and Properties, the Wealth and Guilty in Law of all the reſt, as much as
Peace, the Religion, and in Sum, the if he had ſtruck the Fatal Stroke it felf:
Glory of the Nation.
Nay, (under Favour) if we can prove
My Lords, This Fudgment of the any other Overt- Aft beſides what is laid
in
!
The TRYAL of the REGICIDE S.
33
in the Indictment; as the encouraging Houſe of Commons, whom the Army liad
of the Soldiers to cry out:Juſtice, Juſtice; frighted into an awful and ſlaviſh D:-
or Preaching to them to go on in this pendance upon them. And when no.
Work, as Godly and Religious ; or anything elſe could be done for him, they
other Act of all that Catalogue of Villa were ſo true to che Obligations they lay
nies, for which the Story will be for urider, that they reſolved to fall with
ever Infamous; this may be given in him, and did ſo. For the Army, who
Evidence, to prove the Coinpaſing and forw the Treaty proceed fo faſt, made as
Imagining the King's Death. The great haſte to break it. They ſeize upon
Concluſion of this Indictment, alledges the Bleſſed Perſon of our Sacred King
the Fact done, to be to the grea! Dif- by Force, and bring him to London ;
pleaſure of Almighty God, and to the and here they force the Parliament, ſhut
great Diſgrace of the People of England. out fome Members, impriſon others ;
A Truth ſo clear and known, that it and then called this wretched little Com-
can neither be heightned by any Aggra- pany which was left, a Parliament. By
vation, or leſſened by any Excuſe. this, and before they had taken upon
As for the Faet itſelf, with the Man- them the Boldnels to diffolve the Houſe
ner of it, I ſhall not need to open it of Peers, they paſs a Law, and erect,
at large, for theſe Things were not done forſooth!. an
forſooth! an High Court of Juſtice, as
in a Corner ; every true Engliſh Heart they call it ; a Sliambles of Juſtice, ap-
ſtill keeps within itſelf, a bleeding Re- point Judges, Advocates, Officers, and
gifter of this Story: only (Iny Lords) in Miniſters, to fit upon the Life of the
the Way to our Evidence, with your King. Now they ſpeak out, and ex-
Lordſhip’s Favour, this I think may be pound their own Declarations; and tell
fit to be faid.
us what that was, which before they had
Firſt, For the Year 1648, (for that demanded in obſcure Terms, when they
was the fatal Year of this King, and called for Juſtice againſt all Delinquents.
beyond that Year we ſhall noc now en Now they ſpeak plainly what they mean,
quire,) I ſay, whatſoever in the Year and call this B'effe: King, this Glorious
1648, could have been done by a Par- Saint, the Grand Delinquent :
liament to ſave the Life of a King, was -Hec Acies vi&tum factura Nocentum eft.
done in this Caſe.
My Lords, When they had thus pro-
They opened the Way to the Treaty ceeded to appoint their Í udges, Officers,
in ſpight of the Army; and while theſe and Court, then they call this Perſon,
Sons of Zerviah, who were too hard for their only Liege Lord and Sovereign,
them, were engaged in Service in the to the Bar, and by a formal Pageantry
remoter Parts, they haftened the Treaty of Juſtice, proceed to Sit upon him,
as much as was poſible : The Debates Arraign, Try, Sentence, Condemn, and
upon his Majefties Conceſſions, were Kill (I had alınoſt ſaid Crucify) him,
Voted a good Cround for Peace; not whom they could not but know to be
withſtanding the Remonſtrances of the their King; and all this againſt the
Army ſtill flew about their Ears; and cleareſt Light, the ſharpeſt Checks, and
notwithſtanding the Oppoſitions of a moſt thorough Convictions of Conſci-
fearful and unbelieving Party of the ence, that ever Men refifted. And yet
9
I.
in
34
The TRIAL of the REGICI DE S.
in this moment of Time, ſuch was the Confuſion did overſpread the Face of
Majeſty and Innocence of our Gracious the Land; many poor Subjects at Home,
Sovereign, that the People followed him and ſome Proteſtants in foreign Nations,
with Tears in their Eyes, and Accla at the very News of it fell down dead;
mations in their Mouths, God ſave the as if this Excellent King had been in a
King ; even then, when the Soldiers Natural as well as a Religious Senſe, the
were ready to fire upon them who did Breath of our Noſtrils, the Anointed of
either look ſadly, or ſpeak affectionately the Lord, who was taken in their Pits.
And yet it will appear upon our Evi- The Judges, Officers, and other im-
dence too, that ſo few of the very com mediate Actors in this pretended Court,
mon Soldiers could be brought to ap were in Number about Fourſcore; of
prove theſe Proceedings, or to cry out theſe fome Four or Five and Twenty
Juftice, that their Officers were fain by are dead, and gone to their own Place.
Money, or Blows, or both, to bring a The God of Recompences hath taken
great many to it,
the Matter ſo far into his own Hands :
My Lords, The Actors in this Tra And who knows, but that it might be
gedy, were many, very many, ſo many, one dreadful Part of his Vengeance, that
that ſure their Name is Legion, or ra- they died in Peace? Some Six or Seven
ther many Legions. And certainly of them, who are thought to have ſinned
(my Lords) when we ſhall conſider the with leſs Malice, have their Lives fpa-
Thing that they have done, we cannot red indeed, but are like to be brought
but look upon it as a Villany, which had to a ſevere Repentance by future Penal-
in it all the Ingredients to make it de ties. Some Eighteen or Nineteen are
teſtable, that it was poſſible for the fled from Juſtice, and wander to and fro
Council of Men, or Devils either, to put about the World, with the Mark of Cain
together. Bit yet, if any Thing can upon them, are perpetually trembling
be of a deeper Dye than the Guilt of teſt every Eye that fees them, and every
that Sacred Blood, wherewith they ſtand Hand that meets them, ſhould fall upon
polluted, methinks their Impudence them. Twenty Nine Perſons do now
ihould make them more odious than expect your Juſtice. Amongſt them the
their. Treaſon. It was the Deſtruction firſt that is brought is the Priſoner at the
of God's Anointed, in the Name of the Bir; and he deſerves to be the firſt;
Lord. It was the Murther of a moſt for if any perſon now left alive ought to
Bleffed and Beloved Prince, in the be ſtild the Conduktor, Leader, and
Nume of his People. Him whom they Captain of all this Work, that's the
had taken the tranſcendant Boldneſs co Man. He, my Lord, brought the
impriſon, as the Author of the War, King up a Priſoner from Windſor ; but
they put to Death, becauſe he would how, and in what Manner, with how
have been the Author of our Peace; and little Duty, nay, with how little Civility
that with ſo much Scorn and Indignity, to a common Perſon, you will hear in
that ſome of them were not aſham'd to Time.' He Sate upon him, Sentenced
fpit in the Face of our Lord and Sove him ; he Sign'd the Warrant firſt to
reign. And when they had thuis quench- call that Court together, then the bloody
ed the Light of Iſrael, Darkneſs and Warrant to cut off his Sacred Head.
5
Againſt
:
AX
They pretendoba
The TRYAL of the Re'GICIDE S. 35
Againſt him, as againſt all the reſt; our Good and Gracious Sovereign hath done
Evidence will be of two Sorts; Wit. us that Hononr and Right to vindicate
neffes Viva voce, that ſhall firſt prove us in foreign Nations; and nose be is
to your Lordſhips that every Perſon now come Home in Power and Glory, be does
in Queſtion did ſit in that Court, when continue in the Same Mind: That's the
their King ſtood as a Priſoner at the B.ir. Reaſon we are not now hain by Thou-
We ſhall prove that the Precept, by Sands, but that thoſe Miſcreants are ga.
which this pretended Court was ſum thered up here and there that did commit
mon'd, was not obeyed and executed, the Offence, and would have involved the
till it had had the Hands and Seals of Nation in a common Infamy.
moſt of the pretended Judges ; among Gentlemen of the Jury, Your Time to
the reſt the Hand of the Priſoner at the enquire of this Matter is precious, more
Bir will be found there. We ſhall prove precious than my Words, elſe I would re-
his Hand to the Bloody Warrant for fe- peat to you the Hiſtory of that Tragedy ;
vering the ſacred Head of our bleſſed at leaſt that Summary that was entred in
Sovereign from the Body, and then ſome the Black Book, or ihe Journals of thet
Circumſtances of his Malice, and of his they then called a Parliament. It ſhall
Demeanor. And after we have done ſuffice to tell you, and that moſt truly,
with our Witneſſes Viva voce, if we that it was but a handful of Men in re-
have Occaſion to uſe Records of Parlia. Spect of the whole Nation, that did con-
ment, we ſhall ſhew them too; for we trive this damnable and traiterous Plot,
have the Originals, or Authentick Co to ſubriert the Laws, and change the Gɔ-
pies. And now we ſhall proceed to our vernment of this well.govern'd Nation.
Evidence.
In Proſecution of which they did cast
Proclamation was made for Silence. abroad, and spread forth, Jeſuitical
Sir Edward Turner. My Lords, The' Maxims, damnable and diabolical Prin-
Service of this Day doth call to my Me- ciples, to intoxicate the People, and when
mory the Story of good King Amaziah. their Heads were troubled, they were eaſily
We read in Holy Writ, that his Father, led into Arms, where after ſome Time they
King Joalh, was murthered, and mur- grew drunk with Succeſſes ; and when they
thered by his own Subjects; but we read bad drunk too much of the Loyal Blood of
further, that when Amaziah had regain’d the People, then they thirſted for the
the Crown, as ſettled in the Govern- Royal Blood alſo. I do confefs we read in
ment, he few thoſe that New his Father. Stories, that Kings have before this Time
He did go down into Edom, the Valley been murthered ; jome in our Nation, as
of Salt, and there he did Nay Ten Thou- King Richard the Second, and Edward
ſand. The Work of this Day doth very the Third ; and in other Nations. Bat
much reſemble tbat Aetion. O:4r Good and the Aztors of theſe Murthers were modest
Gracious King, his Father of Bleſſed Me to theſe. They did it in Private, theſe
mory, and our Father, bis Natural, and in the Fece of the Sun, and the People ;
our Political Father, to whom our natu but it was those People, Gentlemen, they
ral Allegiance was due, was murthered, bad corrupted with Shares in their Rob
this was not a National Crime ; and our was in a way of Juſtice; but you must
know,
36
The TRY A L of the REGISI DE S.
Mar
know, no Juſtice can be executed upon Afault upon him, and the Fatal Blow
the. Perſon of the King Touch not that was given him, are but ſo many De-
mine Anointed, Jaith God himſelf. monſtrations and open Axts, proving the
My Lords, I do read in the Ro- firſt treaſonable Deſign of the Heart.
man Slcry, that both amongſt them, and It will be enough for you, and ſo my
other Nations, there was no Law againſt Lords will tell you, if we prove the Trea-
Parricide. It was not thought that any ſon itſelf, which is the Compaſling and
Man was fo Unnatural and deviliſh to Imagining the Death of the King, though
deſtroy his Father. But we do find among we fail in ſome of the Circumſtances leid
the Romans ſuch a Faet was committed, in the Indi&tment. I do not ſpeak this as
enit then they were at a Lofs to puniſh it. ij we ſhould fail in any; but it is not ne-
The Way was this that was found out; ceſſary to prove them all; if we pruve any
the Offender they fewed into a Mail of you are to find the Priſoner Guilty. I am
Leather, so cloſe that no Water could get not willing to hold your Lordſhips too long
i;!; when they had done, they threw him in the Porch, but defire to deſcend into
into the Sca; by this, denoting the Offiii the Body of the Buſineſs ; and ſo we ſhall
der was not worthy to tread upon the call our Witnefles, and doubt not but to
Ground, nor 10 breetbe in the Air, ror to prove, that this Man at the Bar, was
kave the Benefit of any of the Four Ele- the Firſt, and not the least, of theſe Offen-
menes, nor ibe Uje of any of Gca's Crea- ders.
tiires, and to be ſterved.
Mr. George Maſterfon was called.
Genilemen, Parricide and Regicide Mr. Harriſon. When I was before
differ ust in Nalure, but in Degree. your Lordſhips Yeſterday, I offered ſome-
Parricide is the killing of the Father of thing very material, in reference to the
une or a few Perrous; Regicide, the Juriſdiction of the Court; bilt you told me,
killing the Father of a Country. What according to the Rule, I must plead Guilty
: Puniſhment then is fuitable to this Offence? cr Not Guilty; and what I had to offer
· Genilemen, The Priſoner at the Bir is pould be heard in its proper Place. I now
accus'd of this Offence, and now to be defire to know, whether it be proper now
tried by you : But before we enter upon to deliver myſelf, before you proceed to the
the Evidence, I muſt with the leave of Colling of Witnelles ; for I would go
the
the Court inform you, that tho' the In- beſt Way, and would not willingly dif-
dictment contains mary Circumſtances pleaſe you.
and Gradations in the Treaſon, yet the Lord Chief Baron. What was promi-
Imagining and Compafing ihe Death of fed you Yeſterday, God forbid but you
our late Sovereign, is the Treaſon to which ſhould have it. But I think it will be
we ſhall apply our Evidence ; this being, beſt for you to hear Evidence, and then
boibly the Comm n-Law, and by the Sta what you have to ſay, you ſhall be fully
tite of the 25th of Edward III. the prin- heard.
cipal Treaſon to be enquired of. And the Mr. Harriſon. I am content.
other Circumſtances in the Indictment are Whereupon George Maſterſon, Stephen
but so niony Matters to prove the Overt. Kirk, Francis Hearn, William Clark,
At; the Conſultations, the ſuming Robert Cortmore, and James Nutley,
Puwer to Try and Condemn the King, the were called, and ſworn.
Council. .
The TRYAL of the REGICIDE S. 37
Council. Mr. Maſterfon, whether did Mr. Clark. Yes, my Lord.
the Priſoner at the Bar fit in that which Council. What ſay you to that of the
they call the High Court of Juſtice, riſing of choſe Perſons in the Court?
to Sentence the King, or no? Pray tell Mr. Clark. I remember they all roſe,
my Lords, and the Jury thereof, and but I did not take particular Notice then
what elſe you know of the Matter.
of the Priſoner,
Mr. Mafterſon. Upon the Outh I Council. Mr. Kirk, You hear the
have taken, (iny Lords, and Gentle Queſtion. Did you ſee the Priſoner at
men of the Jury,) I ſaw the Priſoner, the Bar in Weſtminſter-Hall, ſitting upon
Thomas Harriſon, ſit in that which they the Bench, in that which they called
called the High Court of Juſtice, upon the High Court of Juſtice, when the King
the 27th Day of January in the Year ſtood Priſoner at the Bar there?
1648, to ſentence the King.
Mr. Kirk. My Lord, I did ſee the
Council. Was it the Day the Sentence Priſoner at the Bar ſit ſeveral Days in
was paſſed againſt the King ?
that which they called the High Court of
Mr. Maſterſon. It was the Day of the Juſtice : I was there every Day of their
Sentence, the 27th of January, 1648. Sitting
Council. Can you ſay any Thing elſe? Council. Do you remember he was
Mr. Maſterfon. I do, Sir, further there on the 27th of January 1648 ?
remember, that when the Clerk of the Mr. Kirk. I do, Sir.
Court (as he was called) read the Sen Council. Tell the Jury what was the
tence againſt the King, and faid, It Work done there.
was the Sentence of the whole Court, I Mr. Kirk. It was Sentence. I did
ſaw the Priſoner at the Bar, together take the Names of all thoſe Gentlemen
with others, ſtand up, to my Appre- that did appear in the Court on that
henſion, as aſſenting to it.
Day, the 27th of January 1648, and
Council. Was there not Direction, amongſt the reſt I took a Note of that
that all ſhould ſtand up as aſſenting ? Gentleman's Name, as being preſent.
Mr. Maſterfon. I do not know that; Council. Whereas theſe Gentlemen,
but when the Sentence was read, ſeveral (Mr. Maſterſon, and Mr. Clark) have
of them did ſtand up, and he among declared,
declared, That, as Affenting to the
the reſt, as aſſenting to the Sentence, as Sentence, they all ſtood up: Did you
the Spectators underſtood.
ſee them ſtand? And whether by Direc-
Council
. Mr. Clark, What do you tion or no?
ſay to the ſame Queſtion ?
Mr. Kirk. As for the Direction, I
Mr. Clark. My Lords, and Gentle know nothing of it; but the Members
men of the Jury, I remember I ſaw the then preſent in the Court, (after Sentence
Priſoner at the Bir ſit ſeveral Times in was read,) as far as my Eyes could per-
the Court of Juſtice, (as they called it) ceive, ſtood up unanimouſly, I ſuppoſe,
particularly on the 23d and 27th of Ja as aſſenting to the Sentence.
nuary 1648, as I took Nouice of it in a Court. Mr. Nultley, Did you know
Book.
the Priſoner at the Bar? Have you ſeen
Counc. Was that the Day of Sentence ? him fit in Weſtminſter - Hall at any Time
K
upon
ID
38
The TRYAL of the REGIĊI'D E s.
between
upon thé Bench, when the King was obſerved to fall from him in that Dira
brought as a Priſoner to the Bar ? courſe was this: He ſaid, that the King,
Mr. Nutley. My Lords, and Gen as he fate in the Coach with him, was
tlemen of the Jury, I faw the Priſoner importunate to know what they intend
at the Bar ſeveral Days fit there, amongſt ed to do with him.
the reſt of the Judges, as a Judge, I
Mr. Harriſon. In the Coach was it?
Yuppoſe. To the beſt of my Remem Mr. Nutley. Yea, Sir, it was in the
brance, he ſat there four Days toge- Coach. He told the reſt of the Con-
ther.
pany, (as I ſaid before) that the King
Court. Was he there upon the Day aſked, What do they intend to do with
of the Sentence
me? Whether to Murther me, or no?
Mr. Nutley. I did take Notes, my And I ſaid to him, There was no ſuch
Lord, that Day in the Court, and I Intention, as to kill him; we have no
find he did fit that Diy.
fuch Thoughts. But (faith he) the Lord
Court. Do you know any Thing bath reſerved you for a publick Example
more of the Priſoner at the Bar?
of Juſtice. There is one Word more,
Mr. Nutley. Thus much I know con my Lords, and that is this, which I
cerning the Priſoner at the Bar, my heard from this Priſoner at the Bar ;
Lord; the firſt Day that they fat in That the Reaſon and End of their
Publick was (as I remember) the 20th meeting together at that Committee was
of January, 1648. ſome few Days afore concerning the Charge. So much I
that, there was a Committee that ſat obferv’d: It was concerning the con-
in the Exchequer-Chamber, and of that tracting of the Impeachment. I obſerv'd
Committee the Priſoner at the Bar was that ſome found fault with the Length
one of the Members. I do remember of that, as it was drawn. They were
well, it was in the Evening, they were offering fome Reaſons to contract it;
lighting of Candles ; they were ſome and I heard this Priſoner at the Bar
what private. This Gentleman was vent this Expreſſion; Gentlemen it will
there, I ſaw him ; for through the be good for us to blacken him what we
Kindneſs of Mr. Phelps, who was then can; pray let us blacken bim: or Words
Clerk to that Committee, I was admit to that Purpoſe. I am ſure Blacken was ,
ted; pretending firſt, to ſpeak with his Word,
the faid Mr. Phelps, and that I had Mr.Windham. Mr. Nutley, you ſpeak
fome Buſineſs with him, and fo (as I of an Impeachment. Againſt whom
faid before) I was admitted into the was that Impeachment ?
Committee-Chamber : Being there, I Mr. Nutley. It was againſt his late
did obſerve fome Paſſages fall from the Majeſty the King.
Priſoner at the Bar; the Words were Council. And it was to draw up that
to this Purpoſe: He was making a Nar- Impeachment to as to blackex" him.
rative of fome Diſcourſes that paſſed Was it ſo?
Mr. Nætley. Yes, Sir,
in coming between Windſor and London,
Mr. Coytmore Sworn.
or Hurſt Caſtle, I know not well whe Mr. Wyndhan. Did you ſee the Pri-
ther, My Lord, that Paſſage that I ſoner at the Bar ſitting in that which
they
The TRYAL of the REGICIDE S. 39
they call'd the High Court of Juſtice on The Lord Newburgh Sworn.
the Day when the King was ſentenc'd, Council. Pray, my Lord, give your-
or at any other time? Pray tell my ſelf the Trouble to raiſe your Voice, and
Lords and the Jury.
to tell my Lords and the Jury what you
Mr. Coyt more. My Lords, and Gen- know of the Priſoner at the Bar; the
tlemen of the Jury, I was in that which Part that he acted in bringing up the
they called the High Court of Juſtice King.
three or four times. I ſaw this Gentle Lord Newburgh. I was then living
man either once or twice fitting there. at his Majeſty's Lodge at Bagſhot, when
Council. Do you know any thing the Priſoner at the Bar brought the King
more?
from Hurſt-Caſtle to London. He was
Mr. Cortmore. No, really: I came
No, really: I came the Perſon that commanded the whole
only to hear and ſee what they were do. Party; and when the King by the Way
ing; and I did there ſee him, I think, went to Dinner, by his Order there were
ſeveral Days ; I am ſure once.
Centries fet at every Door where he was.
Council. Did you ſee him on the Seven When the King bad dined, be carried
and twentieth of January 1648. ſitting him to Windſor, and appointed ſeveral
there, which was the Day of the Sen- of bis Officers to ride cloſe to the King, as
tence ?
he was riding, lejt be mould make his
Mr. Coyimore. I cannot call that to Eſcape from them.
Memory.
Council. That was an Impriſonment
Council
. Do you know of any Expreſ- itſelf, and fo a Treaſon.
fions, that the King ſhould be an Ex Mr. Windham. My Lords, we ſhall
ample of Judgment ?
now produce to you two Inſtruments
Mr. Coytmore. No, my Lords. which were made, the one for Convening
Mr. Wyndham. My Lord, in the and Summoning the Aſſembling of that
next Place we ſhall ſhew that Inſtrument which they called the High Court of
that was made under the Hand and Seal Juſtice, and thew this Priſoner's Hand
of the Priſoner at the Bar, as well as and Seal to that; and then ſhew you
others, for Execution of the King, that likewiſe that which was the conſum-
Bloody Warrant. But firſt we will aſk : mating of all, that Bloody Warrant for
this Witneſs another Queſtion.
Execution of his late: Majeſty of Bleſſed
Council. Did you ſee the Priſoner at Memory, with the Hand and Seal of
the Bar fit on the Bench as an ordinary the Priſoner at the Bar unto it amongſt
Spectator, or as one of the Judges? others.
Mr. Coytmore. He was in the Court, Mr. Sóllicitor. My Lords, It will
ſitting amongſt the reſt of the Judges, be fit before this, to give you an Ac-
as one of them.
count how we came by theſe Inftru-
Mr. Sollicitor. My Lords, we will ments.
prove that this Priſoner at the Bar was
Mr. Jeſiop Sworn.
one of them that took upon him the Council. Shew to Mr. Jelop the War.
conducting of the King, and that the rant for ſummoning that Court.
King was in his Cuſtody; and to the Mr. Sollicitor. Mr. Jellop, pray tell
High Court of Juftice alfo.
my Lords and the Jury, how you came
5
by
?
:
.
.
The TRIAL of the REGICIDE S.
40
.
by that Inſtrument you have in your write it, my Lords; but I believe it to
Hand.
be his, for I have often ſeen his Hand-
Mr. Fellop. May it pleaſe your Lord- writing. It is his Hand ſo far as poſſi-
ſhips, I have the Honour to attend the bly a Man can know any perſon's Hand
Houſe of Commons, the Houſe was pleaſed that did not ſee him write.
to make an Order, That Mr. Scobel Mr. Harriſon. I deſire to ſee the In-
ſhould deliver into my Hands all ſuch ſtrument.
ſtrument. Which being ſhew'd to him,
Books and Records, Papers, and other he ſaid, I believe it is my own Hand.
Things, as did belong to the flouſe of Council. That's the Warrant for fum-
Commons ; and in purſuance to that moning that Court that he owns his
Order, I did receive, amongſt other
Hond to.
Things, this Inſtrument, as a Thing that Court. Shew him the other Inftru-
had been formerly in his Hands, as Clerk ment.
of the Houſe of Commons.
That being for Execution of the Sen.
Mr. Sollicitor. We deſire it may be tence, it being bewed bim ;
read, my Lords.
Mr. Harriſon. I do think this is my
Court. Pray firſt prove his Hand.
Hand too.
Mr. Harriſon. I deſire to know what Council. If you think it, the Jury
is offered to be read.
will not doubt it. That's the Bloody
Court. It is a Warrant that you ſealed Warrant for Execution; and we deſire
amongſt other pretended Judges of your they may be both read.
High Court of Juſtice (as you call'd it) Mr. Harriſon. My Lords, De there
for Trial of the King, for fummoning Learned Gentlemen offer theſe as being any
that Court.
Records?
Council. Mr. Kirk, Have you ſeen Council. No, but as your own Hand-
the Hand-writing of the Priſoner at any writing,
time?
Mr. Harrifon. If you do not read it as
Mr. Kirk. I have very often ſeen it, a Record, I hope your Lordſhips will not
and am well acquainted with it ; and admit of any thing of that Kind againſt
ſo far as it is poſlible a Man can teſtify
touching the Hand of another Perſon, Council. He knows that a Letter
I do verily believe this to be his Hand. under his Hand and Seal may be read
Council. How came you to be ac-
in a Court. We do not offer it as a
quainted with his Hand?
Record, but prove it by Witneſſes that
Mr. Kirk. As he was a Member of it is your Hand-writing.
the Houſe of Commons, and my Employ-
Court. You have confeffed theſe to be
ment having relation thereto, I have your Hands. Whether they are Re-
ſeen him fet his Hand ſeveral times. cords, or no; whether Papers or Let-
Mr. Farrington Sworn.
ters, they may be read againſt you.
Council
. Do you believe that this is You ſign'd the Warrant for Convening
the Hand-writing of the Priſoner at the together thoſe which you call'd the
Bar? (The Inftrument being shewed High Court of Juſtice, and ſo lign’d the
bin.)
other Warrant for putting the King to
Mr. Farrington. I did not ſee him Death. You do confeſs theſe two
Things.
me.
The TRYAL of the REGICIDB 8.
41
Things. We do not ſee what farther Sentence Execution yet remaineth to be
Uſe may be made of them.
done. Theſe are therefore to will and
Court. You might obſerve how the to require you to ſee the ſaid Sentence
IndiElment was for the Imagining, Coma executed in the open Street before White-
paſſing, and Contriving the King's Death. ball upon the Morrow, being the 30th
To prove that, there muſt be ſome Day of this Inſtant Month of January,
Overt-Act, and a Letter under the Par between the Hours of Ten in the Morn-
ty's Hand is a ſufficient Overt-Act to ing and Five in the Afternoon of the
prove ſuch Imagination; to that End fame Day, with full Effect; and for ſo
theſe are uſed.
doing, this ſhall be your ſufficient War.
Mr. Harriſon. I do not come to be rant. And theſe are to require all Offi.
denying any thing that in my own Judg- cers and Soldiers, and other the good
ment or Conſcience I have done or com- People of this Nation of England,
mitted, but rather to be bringing it forth to be aſſiſtant unto you in this Service.
to the Light.
Given under our Hands and Seals.
Court. Sir, you muſt underſtand this
by the way; this you muſt take along
To Colonel Francis Hacker, Co.
with you, that theſe are read, not as
lonel Huncks, and Lieutenant-
any Thing of Authority in themſelves,
Colonel Phayre, and every of
them.
or as us'd to any other Purpoſe, but as
an Evidence of the Fact againſt you:
Take that along with you.
Sealed and Subſcribed by
(The Two Bloody Warrants for Trial, John Bradſhaw,
and for Execution of his Majeſty, Lord Preſident.
were here read; the latter of which 70. Hewſon.
is as followeth.)
Per. Pelham.
John Danvers.
At the High-Court of Juſtice Mich. Liveſay.
for the Trying and Judging Hen. Ireton.
of CHARLES STUART, Thomas Grey.
King of England, Jan. 29. Edward Whalley.
Oliver Cromwell.
1648.
John Okey.
Thomas Pride.
W
Hereas Charles Stuart, King Henry Smith.
of England, is and ſtandeth Peter Temple.
Convicted, Attainted, and Condemned Thomas Harriſon.
of High-Treaſon, and other High Ifaac Ewer.
Crimes ; and Sentence upon Saturday Val
. Wauton.
laſt was pronounced againſt him by this Simon Meyn.
Court, to be put to Death, by the Seve Tbomas. Horton.
ring his Head from his Body, of which 70. Jones,
L
70. Moor.
Hardreſs Waller.
Gilbert Millington.
George Fleetwood.
Jo. Alured.
Robert Lilburn.
William Say.
Richard Dean.
Robert Titchbourn.
Humphry Edwards.
Daniel Blagrave.
Owen Roe.
William Puefroy.
Thomas Maleverer.
70. Blakeſtone.
70. Hutchinſon.
William Gof.
Adrian Scroop.
James Temple.
Aug, Garland.
Edmund Ludlow.
Henry
II
42
The TRYAL of the REGICI D E S.
Tho. Wgyt.
bim;
Henry Marten,
Tbo. Wogan.
an Imagination. You ſee this Priſoner
Vincent Potter. 70. Ven.
was no ordinary Actor in it; his Hard
William Conſtable.
Greg. Clement.
is in it at all Games. Taking of him,
Richard Ingoldſby.
Jo. Downs.
Impriſoning of him, Bringing him to
William Cawley.
London, and Setting Guards on him.
Jobn Barkſtead. Tbo. Scot.
You ſee alſo his Malice, Let us blacken
Anth. Stapley.
Jo. Carew.
for they knew his Innocency
Greg. Norton. Miles Corbet.
would ſhine forth, unleſs it was blacken'd
Tho. Cballoner.
by their Imputations. He fate many
times, as you hear, and ſentenced him,
Mr. Windham. Gentlemen of the and afſented to that Sentence by ſtand-
Jury, We have done our Evidence; ing up, and likewiſe by concluding the
and you muſt know, Gentlemen, that Cataſtrophe of that fad Beginning of
the principal Point of the Indictment, Sufferings, his making a Warrant for
is for Compaſſing, Imagining, and his Execution ; and accordingly you
Contriving the Death of his late Sacred know what did follow. I think a clearer
Majeſty of glorious Memory: There Evidence of Fact can never be given,
lies the Treaſon; ſo ſays the Statute of than is for theſe Things.
the 25th Edward III, It hath nothing (Here the Spectators hummºd.)
of killing the King there, but of Ima Lord Chief Baron. Gentlemen, this
gining and compaſſing the Death of the Humming is not at all becoming the
King. The going about it, that's the Gravity of this Court. Let there be
Treaſon, as hath been learnedly opened free Speaking by the Priſoner and Coun-
to you; the reſt are but Overt- Ałts: If cil. It is more fitting for a Stage-Play
there be ſuch an Imagination or com than for a Court of Juſtice.
paffing the Death of the King once Mr. Harriſon. It is now time, my
declared, though no Fruit at all follow, Lords, to offer what I have to ſay.
it is Treaſon. Here certainly you have Have theſe Learned Gentlemen offered
a very full Evidence given. We ſhew what they will ſay ?
you a Conſultation, this is one Overt Council. We have no more till he hath
A&T which would do the Work, if there given us Occaſion; not for Evidence of
were nothing elſe. I muſt tell you, the Fact.
(and that with Submiſſion to my Lords Mr. Harriſon. My Lords, the Matter
the Juſtices) if they had adviſed, and that hath been offer'd to you, as it was
gone no farther, that had been Treaſon touch'd, was not a Thing done in a
in the Letter of the Law. They con Corner. I believe the Sound of it hath
ven'd and met together, and ſuppoſe been in moſt Nations. I believe the
then they had abſolved and acquitted Hearts of ſome have felt the Terrors of
him, do you think they had abſolved that Prefence of God that was with his
themſelves from Treaſon? With Reve Servants in thoſe Days, (however it
rence be it ſpoken, if they had acquitted ſeemeth good to him to ſuffer this Turn
him, they had been guilty of Treaſon. to come on us) and are Witneſſes that
Affuming a Power to put the King to the Things were not done in a Corner.
Death, is an Overt-Act declaring ſuch I have deſired, as in the Sight of him
4
that
The TRIAL of the REGICIDE S.
43
that ſearcheth all Hearts, whilſt this Holy Scriptures as a Guide to me. I
hath been done, to wait, and receive humbly conceive, that what was done,
from him Convictions upon my own was done in the Name of the Parliament
Conſcience, tho’I have fought it with of England ; that what was done, was
Tears many a time, and Prayers over done by their Power and Authority ;
and over, to that God to whom you and and I do humbly conceive, it is my Duty
all Nations are leſs than a Drop of Wa to offer unto you in the Beginning, that
ter of the Bucket ; and to this Moment this Court, or any Court below the
I have receiv'd rather Aſſurance of it, High Court of Parliament, hath no
and that the Things that have been Juriſdiction of their Actions. Here are
done, as aſtoniſhing on one Hand, I do many Learned in the Law; and to
believe e'er it be long it will be made ſhorten the Work, I deſire I may have
known from Heaven, there was more the Help of Council Learned in the
from God than Men are aware of. I do Laws, that may in this Matter give me
profeſs, that I would not offer of myſelf a little Aſſiſtance to offer thoſe Grounds
the leaſt Injury to the pooreſt Man or that the Law of the Land doth offer.
Woman that goes upon the Earth. I ſay, what was done, was done by
That I have humbly to offer is this to the Authority of the Parliament, which
your Lordſhips: You know what a Con was then the Supreme Authority; and
teft hath been in theſe Nations for many that thoſe that have acted under them,
Years. Divers of thoſe that ſit upon the are not to be queſtion’d by any Power
Bench were formerly as active — leſs than them. And for that, I con-
Court. Pray, Mr. Harriſon, do not ceive, there is much out of the Laws to
thus reflect on the Court. This is not be ſhewed to you, and many Precedents
the Buſineſs.
alſo in the Cafe. Much is to be offerid
Mr. Harriſon. I followed not my own to you in that; according to the Laws
Judgment; I did what I did, as out of of the Nation, that was a due Parlia-
Conſcience to the Lord; for when I ment.
Thoſe Commiſſions were iſſued
found thoſe that were as the Apple of forth, and what was done was done by
mine Eye to turn aſide, I did loath them, their Power : And whereas it hath been
and ſuffer'd Impriſonment many Years. faid, we did aſſume and uſurp an Au-
Rather then to turn, as many did, that thority, I ſay this was done rather in the
did put their Hands to this Plough, I I Fear of the Lord.
choſe rather to be feparated from Wife Court. Away with him. Know where
and Family, than to have compliance you are, Sir ; you are in the Affembly
with them; though it was ſaid, Sit at of Chriftians: Will you make God the
my Right Hand, and ſuch kind of Ex- Author of your Treaſons and Murthers ?
preſſions. Thus I have given a little Take heed where you are ; Chriſtians
poor Teſtimony, that I have not been muſt not hear this: We will allow
you
doing Things in a Corner, or from my to ſay for your own Defence what you
ſelf. May be, I might be a little mi can ; and we have with a great deal of
ftaken; but I did all according to the Patience ſuffer*d you to fally out, •wherein
beſt of my Underſtanding, defiring to you have not gone about ſo much for
make the Revealed Will of God in his Extenuation of your Crimes, as to juſtify
them si
44 The TRY A L of the REGICI DE S.
not.
them; to fall upon others, and to it, I need not urge in it: I hope it will
blafpheme God, and commit a new ſeem good to you, that Council may be
Treaſon. For your having of Council, aſſigned, for it concerns all my Coun-
this is the Reaſon for allowing of Coun trymen.
cil: When a Man would plead a thing,
Council. You are miſtaken, if you
becauſe he would plead it in Formality, appeal to your Countrymen ; they will
Council is allowed. But you muſt firſt cry you out, and ſhame you.
ſay in what the Matter ſhall be, and Mr. Harriſon. May be ſo, my Lords;
then you ſhall have the Court's An- ſome will, but I am ſure others will
ſwer.
Lord Finch. Though my Lords here Mr. Sollicitor Gen. Theſe two Points,
have been pleaſed to give you a great my Lords, are but one; and they are a
Latitude, this muſt not be ſuffer'd, that new Treaſon at the Bar, for which he
you ſhould run into thoſe damnable Ex deſerves to dye, if there were no other
curſions, to make God the Author of Indictment. It is the Malice of his
this damnable Treaſon committed. Heart to the Dignity and Crown of
Mr. Harriſon. I have two Things to England, I ſay this is not Matter for
offer to you, to ſay for my Defence in which Council can be aſſigned. Coun-
matter of Law: One is, That this that cil cannot put into Form that which is
hath been done, was done by a Parlia not Matter pleadable itſelf. It is ſo far
ment of England, by the Commons of from being true, that this was the Act
England aſſembled in Parliament; and of the Supreme Parliament of the People
that being ſo, whatever was done by of England, that there was nothing re-
their Commands or their Authority, is ceiv'd with more Heart-bleeding than
not queſtionable by your Lordſhips, as this bloody Buſineſs. But that the
being (as I humbly conceive) a Power World may not be abuſed by the Inſi-
inferior to that of an High Court of nuations of a Man, who acts as if he had
Parliament ; that's one. A Second is a Spirit, and in truth is poſſeſs'd ; I
this, That what therefore any did in will ſay, that the Lords and Commons
Obedience to that Power and Authority, are not a Parliament; that the King and
they are not to be queſtion'd for it; Lords cannot do any thing without the
otherwiſe we are in a moſt miſerable Commons; nor the King and Commons
Condition, bound to obey them that are without the Lords; nor the Lords and
in Authority, and yet to be puniſhed if Commons without the King, eſpecially
obeyed. We are not to judge what is againſt the King. If they do, they
lawful, or what is unlawful. My Lords, muſt anſwer it with their Heads; for
Upon theſe two Points I do deſire that the King is not accountable to any Co-
thoſe that are Learned in the Laws may ercive Power. And for the Priſoner to
ſpeak to on my Behalf: It concerns all juſtify his Act, as if it were the Act of
my Countrymen. There are Caſes alike the Commons of England, he is very
to this. You know, in King Richard much to be reproved. Shall he pretend
the Second's Time, wherein ſome Quem that One Houſe, nay, the Eighth Part
ſtion had been of what had been done by of a Houſe, (for ſo it was) can condenin
a Parliament; and what followed upon a King, when both Houſes cannot con-
demn
{
The TRYAL of the REGTCI'DE 3.
45
demn one Man in ſpite of the King? I pretend it upon Authority'; a Thing
deſire, my Lords, it may paſs with a never known or feen under the Sun,
due Reproach, and a Sentence upon it. that the Commons, nay, a few Com-
Lord Chief Baron. It is true, your mons alone, ſhould take upon them,
Queſtions are but one Point. You pre and call themſelves the Parliament of
tend the Parliament's Authority; and England. We have been cheated enough
when you come to ſpeak of it, you ſay by Names and Words; there is no Co-
the Commons of England. They were lour for what you ſay. I do think and
but One Houſe of Parliament. The hope my Brethren will ſpeak to this Cafe,
Parliament, what is that? It is the King, that none of us do own that Convention,
the Lords, and the Commons. I would whatſoever it be, to be the Parliament
fain know of you, where ever you read, of England. There was another Ag-
by the Light you ſay you have in your gravation ; at this Time that this pre-
Conſcience, that the Commons of Eng- tended Authority uſurped that Power,
land were a Parliament of England; that the Lords were then ſitting : You had
the Commons in Parliament us'd a Le not taken the uſurp'd Power to diffolve
giſlative Power alone? Do you call that theſe Lords: No; you did this Act in
a Parliament that fat when the Houſe deſpite of the Lords ; you had fenolup
was Purged, as they call it, and was ſo an Ordinance to the Lords, and they
much under the Awe of the Army, who rejected it, and thereupon theſe Mem-
were then but Forty, or Forty-five at bers took it upon themſelves: Amongſt
moſt? Then you ſay it was done by Au theſe there were ſome Negatives, and
thority of them. You muſt know, thoſe Members were under the Awe and
where there is ſuch an Authority, (which Power of your Forces at that time.
indeed is no Authority) he that confirms What you plead, the Court are of Opi.
ſuch an Authority, he commits a double nion tends to the Subverſion of the Laws.
Offence; therefore conſider what your for you to uſurp Power over the People
Plea is. If your Plea were doubtful, we without their Conſents, to call this the
ſhould, and ought, and would ourſelves People, we never knew the like before's
be of Council for you. That which you but the Parliament of England was the
fpeak concerning Conviétion of your own King, Lords and Commons. For you
Gonſcience, remember that it is ſaid in to ſpeak of this Power, and juſtify this
Scripture, that they ſhall think that they Power, is an Aggravation, adding one
did God good ſervice when they Nay you, as
Sin and Treaſon to another. We ſhall
it is in St.John. He hath a great deal of tell you, that neither both Houſes of
Charity, that thinks that what you did Parliament, if they had been there, noc
was out of a conſcientious Principle-; it any ſingle Perſon, Community, not
was againſt the Light of Noon-day and the People, either collectively or repre-
common Practice. You make yourſelf
You make yourſelf fentatively, had any Colour to have any
a Sollicitor in the Buſineſs: Let us Coercive Power over their King. And
blacken bim as much as we can. I have this plea which you have ſpoken of,
not touched at all upon the Evidence; ought to be over-ruled, and not ſtand
I will not urge it now. I ſay you juſtify good.
it upon Convictions of Conſcience, and Mr. Annef I do the more willingly
M
ſpeak
I 2
46
The TRPAL of the REGICI D E S.
:
ſpeak to this Buſineſs, becauſe I was of the Land. For the Häuſe of Commons
one of thoſe that ſhould have made up alone cannot fo-much as give an Oath:
that Parliament that this Priſoner pre. It hath not Power of Judicature of Life
tends to: I was one of that corrupt and Death: This he knows well to be
Majority (as they call'd it) that were according to the Laws of England. He
put out of the Houſe.
He cannot forknows-that no Authority leſs than an Ait
get, that at that Time there were Guards of Parliament, can make a Law ; and
upon both Houſes of Parliament, to at: he knows an As of Parliament muſt be
tend them, that were of their own paffed by the King, Lords, and Com-
Appointment, and that thoſe Guards mons. I wonder much to hear a Juſti-
were forcibly removed by-the Priſoner fication in this kind, by one that knows
at the Bar, and his Fellows, and other the Laws of England ſo well
: There
Guards put there ; who inſtead of being will none of the Court allow that that
a Defence unto them when thoſe Com was a Parliament: The Majority of the
mons ſtood at the Door, were by them Houſe did all difavow it. Theſe things
threatned. Yet the Lords and Com have been already diſcourſed of: I fhuil
mons of England in Parliament aſſembled, only fay, that lre knowing the Laws ro
a full Houſe of Commons, did reſolve; well, I hope he ſhall-ſuffer for Tranſ-
notwithſtanding what was aforeſaid, that greſſion thereof.
the Treaty in the Idle of Wight was a Mr. Hollis. You do very well know;
Ground for Peace. Aferwards the Major that this that you did, this horrid, des
Part of the Houſe of Commons, having teſtable Act which you committed,
reſolved on this, ſent it up to the Lords; could never be perfected by you, till
that very Day when they were adjourn'd, you had broken the Parliament: That
there were Forces drawn down to the Houſe of Commons, which you ſay gave
Houſe of Commons Door,, and none you Authority; you know what your
ſuffered to come into the Houſe, but ſelf made of it, when you pulled out
thoſe that they pleaſed. All thoſe that the Speaker ; therefore do not make the
had a Mind, for Peace; that minded Parliament to be the Author- of your
their Duty, and Truſt, and Allegiance black Crimes. It was innocent of it.
to their King, were ſeiz'd on by this You know yourſelf what Eſteem you had
Gentleman and his Fellows. When of it, when you broke and tore it aſun ...
this was done, what did he and thoſe der, when you ſcattered, and made
Fellows do? They ſat and put a Check them hide themſelves, to preſerve themt ,
upon all that ſhould come in. None from your Fury and Violence: Do not
muſt come in, but thoſe that would make the Parlianient to be the Author
renounce their Allegiance and Duty to of your Crimes. The Parliament are
tbeir King, and the People, for whom the Three Eftates: It muſt not be ads
they ſerved ; and then declar'd againſt mitted, that one Houſe, part of the
that Vote which had been paffed upon Parliament, ſhould be called the Sus
Debate of Twelve or »Fourteen Hours; preme Authority.-- You know what the
and then fos call this an Houſe of Como Ramp that you left-did; what Laws
mens, nay, the Supreme Autbority of the they made. Did you go Hone to ad
Nasion, he kņows is against the Laws viſe yith your Country, that choſe you
for
*
Thie TKY A'L of the R e GICIDE S. 47
for that Place? You know that no Act murtherous Aft; for the Houſe of Comra
of Parliament is binding, but what is nons to do ſuch an Act, it was void ini
acted by King, Lords, and Commons: itſelf; nay, any Authority without the
And now as you would make God the Houſe of Lords and King, is void.
Author of your Offence, fo likewiſe you You plead to the Juriſdiction of the
would make the People guilty of your Court, whether we ſhould judge it, or
Opinion; but your Plea is over-ruled. no. Yes, I tell you, and proper too :
To which the Court olented.
We ſhall not ſpeak whát Power we have;
Mr. Harriſon. I was miſtaken a little. the Judges have Power after Laws are
Whereas it was faid, the Points were one, made, to go upon the Interpretation of
I'do humbly conceive they were not ſo. them. We are not to judge of thoſe
I lay, what was done, was done in Obe- Things that the Parlianient do. Bic
dience to the Authority. If it were but when the Parliament is purged, (as you
an Order of the Houſe of Commons call it) for the Commons alone to act;
thus under a Force, yet this Court is not for you to ſay, that this is the Authority
Judge of that Force. I ſay, if it was
of Parliament, it is that which every
done by one Eſtate of Parliament, it is Man will fay, intrenches highly upon his
not to be queſtioned.
Liberty and Privilege: And what you
Court. It was not done by one Eſtate, have ſaid to your Juſtification, what doth
they were but a Part, nay, but an it tend to, but as much as this, I did
Eighth Part.
it, juſtify it, and would do it again?
Denz. Hollis. It was not an Hơuſe of which is a new Treaſon. The greateſt
Commons; they kept up a Company Right that ever the Houſe of Commons
by the Power of the Sword : Do not did claim, is but over the Commons
abuſe the People, in ſaying it was done Do they claim a particularRight over the
by the Supreme Power:
Lords? - Nay, over the King? Make it
Council. My Lord, if it were an out if you can ; but”it cannot poſfibly
Houſe of Commons; neither Houſe of be made out. What you have ſaid doth
Commons, nor Houſe of Lords, nor aggravate your Crimes : It is ſuch an
Houſe of Lords and Commons together; Improvement of your Treaſon, that all
no Authority upon Earth, can give Evidences "come fhört of it: King,
Authority for nurthering the King: Lords, and Commons, is the Ground
This that he alledgeth is Treaſon; my of the Engliſh Läw , without that, no
Lord, This that is ſaid is a clear Evi: Act of Parliament binds."
dence of that which is charged ; there is Juſtice Mallet. I have been a Par-
only this more in it, he hath done it, -- liament-Man as long as any Man here
and if he were to do it again, he would preſent, and I did never know or hear
do it.
that the Houſe of Commons had Jurif-
Lord Chief Baron. It is clear as the diction over any, ſaving their own
Noon-day, that this was not the Houfe Members; which is as much as I will
of Commons. Suppoſe it had been an ſay concerning the Parliament. I have
Houſe of Commons, and full; and ſup- heard a Story of a Mute, that was born
poſe (which far be it from me to ſuppote) Mute, whoſe Father was Nain by:
theg jhould have agreed upon ſuch a Stranger, a Man unkrown. After twenty
Years,
48
**The TRY AL of the REGICI D E S.
ED
Years, or thereabouts, this Mute Man if it had been put in never ſo good formi
fortuned to ſee the Murtherer of his Fa- and Manner.
ther; and there were his Words; Ob! Earl of Mancheſter. I beſeech you,
bere is be that few my Father. Sir, the
Sir, the my Lords, let us go ſome other Way
King is the Father of the Country, Pater
to work
Patrie, fo faith Sir Edward Coke. He Sir William Wild. That which is be-
.
is Caput Reipublicæ, the Head of the fore us, is, whether it be a Matter of
Commonwealth. Sir, what have you Law or Fact : For the Matter of Law,
done? Here you have cut off the Head your Lordſhips have declared what it is;
of the whole Commonwealth, and taken his Juftification is as high a Treaſon as
away him that was our Father, the Go the former: For Matter of Fact, he
vernor of the whole Country. This you hath confeſs'd it. I beſeech you, my
ſhall find printed and publiſhed in a Lord, direct the Jury for their Verdict.
Book of the greateſt Lawyer, Sir Ed This Gentleman has forgot their Bar-
ward Coke. I ſhall not need, my Lord, baroulneſs; they would not hear the
to ſay more of this Buſineſs. I do hold King.
the Priſoner's Plea vain and unreaſon Court. No Council can be allowed to
able, and to be rejected.
juſtify a Treaſon; that this is a Treaſon,
Juſtice Hide. I ſhall not trouble you. you are Indicted by an Act of the 25th
with many Words. I am ſorry that any of Edward III. That which you ſpeak
Man ſhould have the Face and Boldnels of the Houſe of Commons, is but part
to deliver ſuch Words as you have. You, of the Houſe of Commons; they never
and all muſt know, that the King is did, nor had any Power to make a
above the Two Houſes. They muſt pro- Law, but by King, Lords, and Com-
poſe their Laws to him: The Laws are mons; and therefore your Plea is naught,
made by him, and not by them ; by and all the Court here is of the ſame O.
their conſenting, but they are his Laws. pinion; if they were not, they would
That which you ſpeak as to the Juriſ: ſay ſo; therefore what you have faid is
diction, you are here: Indicted for High- over-ruld by the Court. Have you any
Treaſon, for you come to talk of Juſti- Thing elſe to offer.?
fication of this by Pretence of Autho Mr. Harriſon. Notwithſtanding the
rity; your Plea is naught, illegal, and Judgment of ſo many Learned ones,
wicked, and ought not to be allowed. that the Kings of England are no ways
As to having of Council, the Court un accountable to the Parliaments ; the
derſtand what you are upon; Council Lords and Commons, in the Beginning
is not to be allowed in that Cafe, of this War, having declared the King's
and therefore your Plea muſt be over- beginning War upon them; the God of
ruled.
Gods
Mr. Juſtice Twiſden. I fall agree Court. Do you render your ſelf fo
«With that which many have already ſaid; deſperate, that you care not what Lan-
only this, you have eas'd the Jury, you guage you let fall? It muft not be
have confeffed the Fact. I am of the ſuffered.
fame Opinion, that you can have no
Mr. Harriſon. I would not willingly
Council, therefore I over-rule your Plea, ſpeak to offend any Man; but I know
Heinir
NEET
6
God
The TRYAL of the REGICIDE S.
49
God is no Reſpecter of Perſons. His ſec not hàve Liberty as an Engliſhman
ting up his Standard againſt the Peo Court. Pray do not reflect thus; you
ple-
have had Liberty, and more than any
Court. Truly, Mr. Harriſon, this Priſoner in your Condition can expect,
muſt not be ſuffered: This doth not at and I wiſh you had made a good uſe of
all belong to you.
it. Keep to the Buſineſs, ſay what you
Mr. Harriſon. Under Favour, this will.
doth belong to me. I would have ab Mr. Harriſon. My Lords, thus :
horrid to brought him to Account, had There was a Diſcourſe by one of the
not the Blood of Engliſhmen, that had Witneſſes, that I was at the Committee
been ſhed
preparing the Charge; and that I ſhould
Council. Methinks he ſhould be ſent fay, Let us blacken him. The Thing is
to Bedlam, till he comes to the Gallows, utterly untrue ; I abhorred the doing of
to render an Account of this. This
This any Thing touching the blackening of
muſt not be ſuffered. It is in a Manner the King. There was a little Diſcourſe
a New Impeachment of this King, to berween the King and myſelf. The
juſtify their Treaſons againſt his late King had told me, that he had heard
Majeſty.
that I ſhould come privately to the Iſle
Mr. Sol. Gen. My Lords, I pray that of Wight, to offer ſome Injury to him ;
the Jury may go together upon the Evi but I told him, I abhorred the Thoughts
dence.
of it. And whereas it is ſaid, that my
Sir Edward Turner. My Lords, This Carriage was hard to him when I
Man hath the Plague all over him ; it is brought him to London ; it was not i
pity any ſhould ſtand near him, for he that brought him to London, I was com-
will infect them. Let us ſay to him, manded by the General to fetch him
as they uſed to write over an Houſe in from Hurſt-Caſtle. I do not remember
fected, The Lord have Mercy upon him; any hard Carriage towards him.
and ſo let the Officer take him away. Court. Mr. Harriſon, You have ſaid,
Lord Chief Baron. Mr. Harriſon, we that you deny that of Blackening, which
are ready to hear you again ; but to hear the Witneſs hath Sworn; and ſomewhat
ſuch Stuff, it cannot be ſuffered. You elſe touching the King in his Way to
have ſpoken that which is as high a De- London, that the Witneſs hath Sworn to
gree of Blaſphemy, next to that againſt alſo. The Jury muſt conſider of it,
God, as I have heard. You have made both of their Oaths, and your Contra-
very ill ufe of theſe Favours that have dictions. If you have nothing more to
been allowed you to ſpeak; your own fay, which tends to your Juſtification,
Conſcience cannot but tell you the Con we muſt direct the Jury. The End of
tradiction of your Adions againſt this, your Speech is nothing but to infect the
that you have heard as the Opinion of People.
the Court. To extenuate your Crimes, Mr. Harriſon. You are uncharitable
you may go on, but you muſt not go as in that.
before.
Juſtice Foſter, My Lords, This ough?
Mr. Harriſon. I muſt not ſpeak ſo as not to come from the Bar to the Bench;
to be pleaſing to Men; but if I muſt if you fally out thus by your Conſcience;
13
N
if
50
The TRIAL of the RegICI D E Ś.
1.
if
your
Conſcience ſhould be a darkened that, they will not help you: You have
Conſcience, that muſt not be the Rule heard the Opinion of the Court touch-
of other Mens Actions. What you ing that Authority. They all unani-
ſpeak of that Nature, is nothing to the mouſly concur in it.
Bufineſs. If you have any thing to ſay, Gentlemen of the Jury. You ſee that
by way
of Excuſe for yourſelf for Mat- this Priſoner åt the Bar is Indicted for
ter of Fact, you may ſpeak : But if you compaſſing, Imagining, and Contriving
" will go on as before, it muſt not be ſuf the Death of our late Sovereign Lord
fered.
King Charles the Firſt, of Bleſſed Me-
Mr. Harriſon. The Things that have mory. In this Indictment there are
been done, have been done upon the ſeveral Things given but as Evidences of
Scage, in the sight of the Sun
it; they are but the Overt Asts of it.
Court. All this is a Continuation of The one is, firſt, That they did meet
the Juſtification and Confeſſion of the and conſult together about the putting
Fact. We need no other Evidence. the King to Death; and that alone, if
Council. He hath confeffed his Fact, nothing elſe had been proved in the
niy Lords. The.Matter it ſelf is Trea- Caſe, was enough for you to find the
ſon upon Treaſon ; therefore we pray Indiement ; for the Imagination alone
Direction to the Jury.
is Treaſon by the Law. But becauſe
Lord Chief Baron. Mr. Harriſon, I the Compaſſing and Imagining the
muſt give Direction to the Jury, if you Death of the King is ſecret in the Heart,
will not go farther touching the Fact. and no Man knows it but God Almighty;
Mr. Harriſon. My Lords, I ſay, I ſay, That the Imagination is Treaſon
what I did was by the Supreme Autho yet it is not ſuch as the Law can lay hold
rity. I have ſaid it before, and appeal of, unleſs it appears by ſome Overt-Al.
to your own Conſciences, that this Court Then the firſt Overt- Ast is their Meeting,
cannot call me to Queſtion,
Conſulting, and Propoſing to put the
Lord Chief Baron. Mr. Harriſon, you King to Death.
King to Death. The ſecond is more
have appealed to our Conſciences. We open; namely, their Sitting together,
ſhall do that, which, by the Bleſſing of and aſſuming an Authority to put the
God ſhall be juſt ; for which we ſhall King to Death. The third is Sentencing
anſwer before the Tribunal of God.
the King. And I muſt tell you that
Pray take heed of an Obdurate, Hurd any one of theſe Acts proves the Indict-
Heart, and a Seared Conſcience.
If you find him guilty but of
Mr. Harriſon. My Lords, I have any one of them, either Conſulting,
been kept Six Months a cloſe Priſoner, Propoſing, Sitting, or Sentencing,
and could not prepare myſelf for this (though there is full Proof for all, ) yet
Trial by Council. I have got here ſome notwithſtanding you ought to find the
Acts of Parliament of that Houſe of Indictment. You have heard what the
Commons, which your Lordſhips will Witneffes have ſaid, and the Priſoner's
not own; and the Proceedings of that own Confeffion. Witneſſes have Sworn
Houſe, whoſe Authority I did own. their Sitting together; and that he was
Lord Chief Paron. This you have ſaid one : One Twears he ſate Four Times,
already. If you ſhew never ſo many of another Twice; ſome ſeveral Times.
5
There
nient,
The TRIAL of the REGICIDE S. 5.1
the Priſoner
There are ſeveral Witneſſes for this ; as
Foreman. Guilty.
Mr. Maſterfon, Mr. Clark, Mr. Kirk, Then the Keeper was charged to lock 10
and Mr. Nutley. And then you have
another Thing too, which truly the Clerk. What Goods and Chattels had
Priſoner did not ſpeak of. Witneſs he at the Time of committing this Trea-
was given againſt him, that he was the ſon, or any Time fithence?
Perſon that conducted the King; this Foremais. None, to our Knowledge.
was before that, which he would have Which Verdict being repeated to the
to be done by a Legiſative Power, and Jury by Mr. Clerk of the Crown, the
that is another Overt-Act. If a Min Jury owned it unanimouſly.
will
go about to impriſon the King, the Mr. Sillicitor.Gen. My Lords, upon
Law knows what is the ſad Effect of this Verdict that hach been given againſt
ſuch Impriſonment. That hath often the Priſoner at the Bır, I humbly move
been adjudged to be an Evidence of that we may have Judgment given.
Imagining and Compaſſing the Death of Your Seſſions will be long, and your
the King. That Man, the Priſoner at Work will be great; his Domneanour
the Bır, it hath been proved to you, hath been ſuch, that he doth not deſerve
did impriſon the King; and it appears a Reprieve for ſo many Days that you
by his own Hand to the Warrant for are like to ſpend in this Sellion.
fummoning of that Traiterous Aſſembly, Court. Mr. Harriſon, they deſire
The High Court of Juſtice, as they called Judgment upon the Verdict. What do
it. And alſo it appears by his Hand to you ſay for yourſelf, why Judgment
the Warrant for Execution, that bloody ſhould not paſs againſt you ?
Warrant. He hath been ſo far froni Clerk. Thomas Ilarriſon, Hold up
denying, that he hath juſtified theſe thy Hand. What haft ihou to ſay for
Actions. The Evidence is ſo clear and thyſelf why Judgment fhould not paſs
pregnant as nothing more. I think againſt thee, to die according to Law ?
you need not go out.
Mr. Harriſon. I have nothing further
The Jury went together at the Bar, to ſay, becauſe the Court have not ſeen
and preſently unanimouſly agreed on their meet to hear what was in my Heart to
Verdict, whereupon they were demanded fpeak, I ſubmit to it.
by the Clerk,
The Crier made Proclamation for Si-
Clerk. Are you agreed upon your lence, whilſt Judgment was in giving.
Verdict ?
Lord Chief Baron. You that are the
Jury. Yes.
Priſoner at the Bar, you are to paſs the
Clerk. Who ſhall ſay for you.
Sentence of Death, which Sentence is
Jury. Our Foreman. (Which was this. The Judgment of this Court is,
Sir Thomas Allen.)
and the Court doth award, That
you be
Clerk. Thomas Harriſon, Hold up led back to the Place from whence you came,
thy Hande - Gentlemen of the Jury, and from thence to be drawn upon an Huru
look upon the Priſoner. How ſay ye? dle to the Place of Execution, and there
Is he Guilty of the Treaſon whereof he you ſhall be banged by the Neck, and being
ſtands indicted, and hath been arraigned, Alive, shall be cut down, and your Privy-
or Not guilty ?
Members to be cut off, your Entrails to
be
52
The TRY AL of the REGICIDE S.
be taken out of your Body, and ( jou living) Mr. Scroop, you may challenge particu-
the ſame to be burnt before your Eyes ; larly whom you will, till you come to
and your Head to be cut off, your Body to
35;
if you go beyond that Number you
be divided into Four Q116.rters, and Head will loſe the Benefit of the Law.
and Quarters to be diſpoſed of at the Plea. Scroop. I deſiré, my Lord, that who
ſure of the King's Majeſty, and the Lord foever was challenged Yeſterday may
bave Mercy upon your Soul.
not be called again.
Court. No, that cannot be ; that is
And then Proclamation was made for nothing to you. The Court thereupon
Adjournment of the Court to this Place, proceeded, and called-
till Seven of the Clock To-Morrow
Challenged, John Liſe, Nic. Rayn-
Morning; and all Jury.Men and Wit-
ton, Thomas Wynter, Thomas Frankelys,
neſſes were commanded to be at the Randal Nichol, 10. Kirke, Ambroſe Sc44.
laid Place and Time, upon Forfeiture damore, George Tirrey, who were all
of an Hundred Pounds a-piece.
challenged.
Jury. Thomas Willet, Hen. Marſh,
Tirol
2
Charles Pitfield, Chr. Abdy, Rich. Cheny,
Tho. Bid, Jo. Smith, Richard Abel,
Ralph Halſal, yo. Gallyard, Tbo. Swal.
October 12. 1660.
low, Sam. Starnal, were admitted and
ſworn on the Jury.
THE Proclamation for Silence. Clerk. Cryer, make Proclamation.
The Jury called.
IE
any Man can inform my Lords the
Priſoners brought to the Bar, viz. King's Juſtices, the King's Serjeant, or
John Jones, Adrian Siroop, Thomas the King's Attorney, before this Inqueſt
Sot, Gregory Clement, and John Can be taken between our Sovereign Lord
the King, and the Priſoner at the Bar,
Crier. Sir Thomas Allen.
let them come forth, and they ſhall be
Clerk. Sir Tho. Allen, lay your Hand heard; for now the Priſoner ſtands at
upon the Book, look upon the Priſoner the Bar upon his Delivery; and all
at the Bar.
others bound by Recognizance to give
Scroop. I challenge him, my Lord. Evidence againſt the Priſoner at the
Lord Chief Baron. That you may not Bar, let them come forth and give Evi-
miſtake, if you challenge in this Man- dence, or elſe they ſhall forfeit their
ner, and do not join in your Challenges, Recognizance.
we niuſt try you ſeverally one after ano Clerk. Adrian Scroop, Hold up thy
ther; I muſt tell you the Courſe of the Hand; you Gentlemen that are ſworn,
Law, if one challenge one, and another look upon the Priſoner, and hearken to
challenge another, we muſt ſever, and his Charge: You ſhall underſtand, &c.
go Trial one by one.
Call the next.
upon this Indictment he hath pleaded
Clerk. Sir Henry Wroth.
Not Guilty.
Scroop: I challenge him.
Mr. Soll. May it pleaſe your Lord-
L. Ch. Bar. Then we muſt go on ſe ſhips, and you Gentlemen of the Jury,
verally, let all alide but Mr. Scroop. this Priſoner at the Bar ſtands indicted
for
reco.
The TRYAL of the REGICIDE S.
53
for Compaſſing and Imagining the Death and gave the Sentence. When they
of the late King of Bleffed Memory. had done, that they might compleat
The Indictment ſets out, That to that their Villany, they made a bloody
End and Purpoſe the Priſoner at the Bir Warrant for fevering the Head of his
did, with others, aſſemble and fit coge late Majeſty from his Body, ard the
ther at Weſtminſter-Hall, taking upon Hand of the Priſoner is to that Warrant
him an uſurped Authority to proceed alſo ; and this is the Scope of our In-
againſt the Life of our faid late Sove- dictment.
reign, and in Purſuance of that our late Scroop. My Lords, may I have Liber.
Sovereign was brought to his Death. ty to ſpeak ?
Theſe Things are alledged in the In Court. If you do confeſs that wliich
dictment as ſeveral Overt-Aets, to ſhew is opened in Evidence againſt you, we
the Treaſon of his Heart, which was ſhall not need to examine any Witnel-
the Compaſſing and Imagining the ſes.
Death of the King. Compaſſing and Scroop. Examine what you think fit.
Imagining are the Words of the Statute, If I underſtand that worthy Gentleman
the reſt of the Indictment is but as ſo that ſpake laſt, he ſaid that my Hund
many Overt-Acts, Evidences and Ma was to the Warrant for Execution ; my
nifeſtations of that corrupt and wicked Lord, if I can ſee my Hand I can tell,
Heart of his, by which he firſt thought and I will not deny my Hand.
ſuch a Thought againſt his Sovereign. Court, Shew it him; Which was done
The Manner of our Evidence ſhall be accordingly.
this: Before they could come to accom Scroop. My Lords, I will not deny
pliſh this damnable Deſign, it was ne biu that it is my Hand, but it is not
ceſſary to meet in a Traiterous Affembly, my Seal.
which they called the High Court of Council. Crier, call Mr. Maſterfon,
Juſtice, that under the Pageantry and Mr. Kirke, Mr. Clark, Mr. Carr, who
Mockery of that, they might pretend were all Sworn.
to Murder him by a Sentence; and Mr. Mafterſon, pray tell my Lords
before that Affembly could come to fit, and the Jury, whether you did ſee the
there was a Precept fent forth very for Priſoner at the Bir in that which they
mally to ſummon them to fit. This called the High Court of Juſtice, ſitting
Priſoner at the Bar is one of thoſe Per as a Judge upon the late King.
fons, who under his Hand and Seal did Mr. Maft. My Lords, and Gentle-
fummon that Court to fit upon the Life men of the Jury, I ſaw upon the 22d
of our late Sovereign. When the Court or 23d of January in the Year 1648,
in Obedience to that Summons (as they the Priſoner at the Bar, fitting upon the
call'd it) did meet, they fate ſeveral Bench as one of the Judges in that wliích
Times, and he among them; they did they called the High Court of Juſtice,
proceed with a wonderful Impudence the King ſtanding a Priſoner at the Bari
(as they had begun) to pronounce Sen 1 lay, either the 22d or 23d. But, I
tence of Death upon our late, Sovereign: ſay, particularly upon the 27th of Ja-
My Lords, this Priſoner at the Bar was nuary 1648, in which the Sentence was
amongſt them, and was at that Court, paſſed upon the late King, I ſaw the
14
0
Priloper
54 The TRIAL of the RegicID E S.
".
Priſoner at the Bar ſitting upon the many Times at Committees, more than
Bench, in that which they call the High Twenty Times ſince that Buſineſs.
Court of Juſtice.
Mr, Clark called.
Council. How did he demean himſelf Council. Mr. Clark, you have heard
when the Sentence was read?
the Queſtion, did you ever ſee the Pri-
Mr. Maſt. When the Sentence was ſoner at the Bar, in that which they
read, it was by the Preſident (as he was called High Court of Juſtice ?
called) of that Court, ſaid to be the Mr. Clark. I do remember in the
Sentence and Judgment of the whole Year 1648. I ſaw the Priſoner ſitting
Court; upon which the Priſoner at the in that which they call'd the High Court
Bar roſe up, as to my Apprehenſion, of Juſtice, upon the Trial of the King.
teftifying his Affent. All their Affenis Scroop. My Lords, you may deſiſt in
were taken ſo, and no otherwiſe, to us examining Witneſſes touching my Sit-
that were as Spectators.
ting.
Scroop. I beſeech your Lordſhips that Court. Do you acknowledge you did
I may ſpeak without Offence, and an fit in that which they called the High
Iwer to this.
Court of Juſtice?
Court. Mr. Scroop, you may pleaſe Scroop. Yes, I fee it proved ; and I
to have Paper, and Pens, and Ink, co ſee a Gentleman here in my Eyes that I
take Notes, or to aſk any Queſtions. know very well ; I will not deny it.
Scroop. My Lords, give me Leave to Court. Did you ſit upon the Sentence
aſk him this Queſtion; Whereabouts Day, that is the Evidence, which was
did he fee me fit in the Court?
the 27th of January? You are not
Court. Mr. Maſt. you hear the Que bound to anſwer me; but if
ftion, pray anſwer to it.
not, we muſt prove it. Do you confeſs
Maft. My Lords, I cannot particu- that?
larly, ſay, where he ſate, but I ſaw him Scroop. I do not confeſs that I ſtood
in the Court, and to the beſt of my Re up as aſſenting to the Sentence.
membrance it was on the Second Seat,
Mr. Clark called.
on the Left-hand of Bradſhaw.
Council. Mr. Clark, what ſay you to
Scr. I would not give Offence to the that?
Court in any Kind; I am now pleading Clark. I did not take particular No-
for my Life, I deſire to take a little tice of him that Day that he ſtood up;
Liberty to aſk this Gentleman, if ever but the whole Court ſtood up to my Ap-
he and I were in Company together, prehenſion, but I took notice that he
that he knows me ſo well.
was there then preſent.
Maft. For my Part, I do not remem Council. Mr. Clark, do you remember
ber I ſaw his Face before the Sitting of that you ſaw any of them fit?
that Court: If this Gentleman aſk me, Clark. I did not take notice of any
if I were ever in his Company, I know that fate then ; but all ſtood up to my ,
not how I may conſtrue the Word Com- Thoughts.
pany; but I am ſure I never eat nor
Mr. Carr called:
drank with him; I have ſeen him very Council. Mr. Carr, tell my Lords
and
5
you will
The TRYAL of the Re GICIDE s. 55
when he gave
and the Jury, whether you did ſee the Carr. My Lords, upon the calling
Priſoner at the Bar fitting in that which of thoſe that were Judges in that Court,
they called the High Court of Juſtice. which they called the High Court of
Carr. My Lords, and Gentlemen of Juſtice then ſitting, this Gentleman the
the Jury; the 22d, 23d, and 27th of Priſoner at the B.r did anſwer to his
Jan. 1648. I was preſent when the Name then called.
Names of that they called the High Scroop. Did you ſee me?
Court of Juſtice were called ; and Carr. I heard you anſwer, and ſaw
amongſt others that were
you.
Mr. Carr looked
in that Paper, Judges of that Court, as
Scroop. I pray he may be aſked where-
was printed in a Paper about I fate in that Court?
this Evidence.
which I then had in my Council. Mr. Carr, you hear the
Hand, I found the Name Queſtion, anſwer to it.
of Mr. A. Scroop, who I ſaw did there Carr. I am not able particularly to
ſit and appear.
tell now, it being many Years ſince.
Scroop. I hope you will not take any Scroop. My Lord, obſerve of what
Evidence from a printed Liſt.
Value this Evidence is; I am ſure I ne-
Council. The Manner of his Evidence ver was in his Company; I do not know
is, he faith, this; That he had this that ever he ſaw me in his Life: I be-
printed Paper in his Hand when the ſeech you give me Leave to plead for
Names of that Court were called, and myſelf in all Humbleneſs and Modeſty,
marking the Perſons in that Paper who my Lord.
were prelent, and that you were one of L. C. Bar. Notice is taken of it, Mr.
them who did appear.
Scroop: God forbid you ſhould be de-
Scroop. My Lord, I ſhall not diſpute barrd of it.
in regard of my Want of Skill in the Scroop. I ſay he comes with Evidence
Law, the Lawfulneſs of bringing in any of a Paper; he heard my Name calid,
Paper in Evidence into the Court; I and marked it: It is ſtrange, that a
ſhall not diſpute againſt your Lordſhips; Gentleman whom I never ſaw, I know
but by your Favour, I do fuppoſe there not his Name, nor I do not think he
is no Witneſs ought to uſe any Paper, knew my Name if he had met me.
or look upon any. Paper, when he gives L. C. Bar. I told you that he was
Evidence; but I ſhall ſubmit it to your laid aſide, and you heard him ſpeak
Lordſhips.
Viva voce without a Paper.
Mr. Soll. Aſk him the Queſtion with Court. Mr. Kirk, did you ſee the
out his Paper; but yet nothing is more Priſoner at the Bar in that Court which
uſual than for a Witneſs to make Uſe of they called the High Court of Juſtice for
a Paper to help his Memory.
Trial of the late King ?
Scroop. The Gentleman that fpake Kirk. My Lords, and Gentlemen of
laſt, I cannot hear him.
the Jury; I did ſee the Priſoner there,
Mr. Soll. We do not need his Paper and I did wonder to ſee him there, which
in this Cafe; he will tell it without a was the Reaſon I took the more ſpecial
Paper. Mr. Carr, ſpeak without a Notice of his being there.
Paper..
Scroop. Pray, my Lord, let me in-
creato
;
:
56
The TRYAL of the ReGICIDE S.
you to
you will
treat one thing before he ſpeaks, That Years before this Buſineſs; and ſeeing
your Lordſhips will be pleas’d to ſpeak him there, I did the more particularly
to him to give in his Evidence without take Notice of him.
any Speech.
Scroop. Have you done, Sir? I be-
Council. How can that be? Can he ſeech your Lordſnip aſk him what Em-
give Evidence without ſpeaking ? ployment he had there himſelf, when he
Scroop. I beſeech you, my Lords, ſaw me there?
give me Leave to ſay this: Let him give Kirk. My Lord, I was there to hear
in this Evidence in plain Words, with the Trial.
out any Speech.
L. C. Bar. Mr. Scroop, I am not
L. Ć. Bar. Mr. Scroop, he muſt be willing you ſhould have any thing of
excuſed ; there are Circumſtances induc- Interruption, unleſs you reflect upon
ing, which are as much as the Principal: any Perſon that concerns not you: Mr.
This that he hath faid is very material; Scroop, do not think it will be for your
faith he, I did ſee the Priſoner at the Bar Advantage, nor is it proper for
there: I did not expect it, and wondred aſk.
at it, and therefore took the more Notice Scroop. In all Humbleneſs I do ſpeak
Let him go on; aſk him what Queſtion it to your Lordſhips, That your
Lord-
ſhips will pleaſe to conſider, that if he
Scroop. My Lord, I ſubmit.
had any Employment in that Buſineſs
L.C. Bar. Mr. Kirk, you muſt ſpeak himſelf, how unfit a Witneſs he is againſt
the Truth, and the whole Truth: Go
Court. Much fitter.
Kirk. I ſay, as I ſaid before, I faw Scroop. If it be ſo, I have done.
this Gentleman ſitting in that which Kirk. My Lord, I was there only as
they called the High Court of Juſtice ; a Spectator; I went only there to ſee
and I did therefore wonder at it, becauſe and hear what was there to be ſeen and
I did not expect him there: I came to heard : I ſtood there and took Notes in
know him formerly, as he was called Characters of the Proceedings, and ſe-
Captain Scroop.
veral others with myſelf did the like,
Council. Go on.
and we compared them together : That
Kirk. And, as I ſaid before, I ſaw was all my Buſineſs at that Time; and
this Perſon, this Priſoner at the Bar, fit I ſaw him fit there the 27th Day of Jan.
amongſt the reſt of thoſe Perſons, 1648, which was the Day of Sentence
Judges, as they called themſelves, of againſt the King.
the High Court of Juſtice for the Trial Scro-p. Whereabouts did you ſee me
of the King: I did more particularly fit there?
take Notice of this perſon, becauſe I Kirk. It is not, I think, imaginable
did not expect him there : I knew him that any Perſon ſhou'd be able, after
formerly upon this Report, being an ſo many Years, poſſibly to ſay where
Eminent Man, by the Name of Captain any Perfon fate; but, to the beſt of my
Scroop, and at that time was an Affociate Remembrance, you ſate upon the Second
of one Captain Vivers, and Captain
and Captain Bench next the Preſident. But I dare
Wingham: I had not ſeen him fome not be poſitive in that ; I dare not juſtify
me.
on.
.
it
cercay
The TRIAL of the RegICIDE S.
57
near bim.
it upon my Oath ; it is but my Remem- there; that was the laſt Day when Judg.
brance.
ment was given.
Here Mr. Scroop talked to one that ſtood
Mr. Baker Sworn.
Council. Mr. Baker, what ſay you ?
L. C. Bar. We muſt defirə that of Did you ſee the Priſoner at the Bar ſitting
you, Mr. Scroop, that you will not ſpeak in that which they called the High Court
to any here but what the Court may of Juſtice ?
hear.
Baker. Yes; I did ſee Coll. Scroop on
Scroop. I fhall obſerve your Com. Tueſday the 23d of Jan. 1648. very
mands.
particularly ſtand up and anſwer to his
Mr. Coytmore Sworn.
Name.
Council. Did you ſee the Priſoner at Council. Mr. Coytmore, Are you ac-
the Bar ſitting in that which they called quainted with Coll. Scroop's Hand?
the High Court of Juſtice, as a Judge Coyt. I have had ſeveral Letters from
upon the King?
him.
Coyt. I did ſee him.
Council. Mr. Scroop, Have you a mind
Council. When? What Day? to ſee the Warrant for ſummoning the
Coyt. I cannot remember.
Court
Council. Did he fit there as a Judge Scroop. I deſire to ſee it; I do not
upon the Kiug?
remember I ſet my Hand to it.
Coyt. He ſate amongſt the reſt as a Court: Shew it him.
Judge.
[It being ſhewed him.
Scroop. Give me Leave to aſk him, Scroop. I cannot ſay it is my Hand.
whereabouts he ſaw me fit.
Council. It is too true: we ſhall prove
Council. Where did you ſee him fit?
Coyt. I cannot remember the Place ; Court. Shew it to Mr. Coytmore,
he was among them; I ſaw him either
Scroop. Be pleas'd to let me ſee it once
one or two Days, there was a great more: Which was again shew'd bim:
Company of them together.
Truly, my Lord, I will ſave him the
Council. Mr. Nuiley, Did you ſee Labour.
the Priſoner at the Bar ſitting in that Council. You do acknowledge it was
which they called the High Court of your Hand?
Juſtice ?
Scroop. I'll ſave him the Labour: for
Nut. If it pleaſe your Lordſhips, II confeſs I do not love Men ſhould be
was there in the Court thoſe four ſeveral put to their Oaths more than needs,
Days that they ſate in Judgment; I (Here likewiſe the Warrant for Execution
heard the Priſoner at the Bar called by
was read.]
his Name: I did take notice he was Council. My Lords, we ſhall conclude
there ; truly I think he was there twice our Evidence with Major-General Brown
or thrice to my Remembrance.
the Lord Mayor Elect.
Council. Can
you tell what Day, whe The Lord Mayor Ele&t Sworn.
ther the 27th of Jan. 1648.
Council. MA Lord, Be pleaſed to tell
Nut. I cannot ſay poſitively, but to my Lords what Diſcourſe hath lately
the beſt of my Remembrance he was paſſed between the Priſoner at the Bar
15
Р
and
it to you.
58
The TrYAL of the REGIGID E S.
wayor Elect.
and you, concerning the Death of the you will give me. Leave to make fonie
King.
Defence for myſelf
.
Lord Elect. My Lords, Upon ſome L. C. Bar. God forbid otherwiſe,
Occaſion I was accidentally at the Cham- but that you ſhould have free Liberty.
ber of the Speaker ; there I met this Scroop. Truly, my Lords, though
Gentleman, whom indeed I knew not: my Breeding hath not been in the Way
He told me who he was; and when I of the Laws, and therefore I have a great
underſtood who he was, I ſaid to him, Diſadvantage, when there be ſuch
(or Words to this Purpoſe ; I cannot tell Learned Gentlemen as theſe are to plead
the Words) becauſe I would not diſtate againſt me; I muſt confeſs to you, I
him, and ſay you have done this, there I have ſomething for Matter of Law to
fore I put it thus, We have done this; plead for the Juſtification of the Fact,
What a fad Cafe have we, ſaid I, tho' I would not undertake to juſtify the
brought this Kingdom unto? Why? Perſon; this I humbly intrect, if it may
Taith he. You fee, faid I, how it is be granted, that I may have ſome Time
ruind now the King is murthered, &c. given me, and fome Council, that I
Saith he, Some are of one Opinion, and may anſwer Matter of Law.
some of another. Sir, Said I, Do you L. C. Bar. Mr. Scroop, If you have
think it was well done to murther the
any thing of Matter of Law for which
King ? Saith he, I will not muke you my you would have Council, you muſt
Confeſſor, Sir: It was much to this Pur- alledge that Matter firſt : The Uſe of
pole.
Council is only to put in Certainty what
Council. When was this ſpoken? you have of Matter of Law, and then
Lord Eleat. Truly, I do not know the Court and Judges muſt judge of it.
the Day; but it was, that Day that Sir If you have Matter of Law, you muſt
H. M. render'd himſelf to the Speaker ; tell what it is; if it be Matter that there
it was fince the Coming in of the King. is Cauſe to over-rule it, there is no Cauſe
Mr. Soll. Neither Time, nor the of making farther Uſe of Council. If
Hand of God appearing in this Buſineſs, one be indicted for Murther, when he
nor the Condition he was in, was ever comes to Trial he will ſay, I have Mat-
able to bring this Gentleman to be ſorry ter of Law to plead : What is that?"
for his Offence; but we do 'not give it That Murther is no Felony : Do you
as any Evidence of his Crimes. You think Council will be admitted in this?
have heard the Priſoner confeſs the two
If you do alledge what this Matter is
Warrants : You have heard by ſeveral wherein you defire Council, you ſhall
Witneſſes produced, that he did fit in have your Anſwer.
that which they called the High Court of Scroop. My Lords, as well as I am
Juftice;, by Three, that he fat particu- able to do it I ſhall do it; my Lord, I
farly on that Day they called the Day of was not in the Parliament ; take Notice
their Judgment: You have heard how
You have heard how of that; and that which was done in the
little Penitence he hath had, by his De- High Court of Juſtice, it was done by
a Commiſſion from the Parliament. My
Scroop.. I hope now, that you have Lord, it was that Authority which was
heard the Evidence againſt me, that then; I will not ſay it was fo, becauſe I
6
would
.
The TRIAL of the ReGICIDE S. 59
would not give Offence ; it was that profeſs it rather tends to the Aggravation
Authority then which was accounted the than Extenuation of what you did.
Supreme Authority of the Nation; and
Firſt, you ſay you did it by Authority of
that Authority, my Lord, that a great Parliament; I am afraid you have been
many of the Generality of the Nation
miſtaken as well as others, by the Word
ſubmitted to. My Lord, I having Parliament, what doth that mean? I
received a Command from that Autho am ſure you, and every one knows, that
thority, what I did was in Obedience to there was not one Preſident ever heard
that Authority: My Lord, I have not of till this, That the Houſe of Commons
had Time to conſider of theſe Things, ſhould take upon them the Legiſlative
becauſe I have been for theſe Six Weeks Power, and make ſuch an Act as this
Time ſhut up a clofe Priſoner, and that was, there was no Colour for it. Then
I could neither come at Counſel, nor for Men upon their own Heads, never
any Thing elſe, nor to get any Thing heard of before, and againſt the Liberty
to prepare for it; therefore I deſire and Freedom of the People, that they
your Lordſhips to do me the Favour, if ſhould call it the Parliament, when
you fee Weight in it, to let me have there was but Forty Six fate, whereas
Time and Council aſligned nie.
there was above Two Hundred and Forty
L. C. Bar. Have you done Sir? excluded ; and how you can call this a
Scroop. Yes.
Houſe of Commons, is a great wonder
L. C. Bar. Then I take it, this is the to me. But I tell you this, take it for
Effect of what you have ſaid ; if I have granted, that if they were the moſt per-
not taken it aright, tell me fo: You fect Houſe of Commons that could be,
fay you juſtify the Fact, though not did ever the Houſe of Commons, before
your Perſon ; that you were not of the this ſingle Act, take upon them the Le-
Parliament; that what was done was by giſlative Power without the Lords ? The
Commiſſion from the Parliament: Be Acts are begun in the Commons Houſe
pleaſed not to miſtake me, for I ſay you when they have done, if the Lords do
ſaid this: That that which I have to not paſs it, it is Abortive; if it be done
plead in Juſtification of it, I do not ſay by both Houſes, there ought to be a
that I juſtify myſelf, but that which I Royal Affent : But the Lords had re-
have to ſay, is for Juſtification of the jected this Act; then they muſt take
Fact: I was firſt no Contriver of the
upon them, theſe Forty Six Men, where-
Buſineſs ; and then, ſecondly, I did it of I do believe there was not above
by Virtue of the Command, and in Obe Twenty Five" or Twenty Six Men that
dience to the Authority of the Parlia did vote this, and this muſt be cal-
ment: That that Authority was then led the Parliament, the Commons of
accounted the Supreme Authority of the Engiand. I would fain know, whether
Nation, and that the Generality of the any Man hath heard that the Houſe of
Nation did ſubmit to their Authority; Commons took upon them the Legiſla-
I think I have repeated all you have ſaid. tive Power before this Alt; but this
Then Mr. Scroop, you muſt know this, hath been over-ruled in the like Cafe,
that there is no Cauſe at all why Council and I ſhall ſay no more to it. What is
Mould be given for what you ſpeak; I the Oath of Allegiance? Is it not, that
you
5
60 The TRY AL of the REGICI DE S.
you would defend the King, his Crown, without Vizors; I ſay, ſhall aſſume an
Rights, and Liberties, againſt all Per- Authority never heard of before ; if Men
ſons whatſoever? It was not only againſt will countenance their Acts by obeying
the Pope (as ſome would have it) But the of them, it is an Aggravation: We have
Word is, or otherwiſe: They broke the already declared this in this Caſe of the
Oath of Supremacy, which was, That Priſoner Yeſterday; we are all ſatisfied
the King was Supreme Governour of theſe in the Law in that Cafe: It is ſo clear
Nations. They ſwore, that they would a Point in Law, that my Brethren here
maintain and keep all Privileges, Im- and we did over-rule it Yeſterday in the
munities, Pre eminences, annexed to the like Caſe, and ſo we muſt now, and I
Imperial Crown of this Realm ; there hope that all do concur in this Opinion
is Difference between fome Crowns, and that hath been delivered.
Imperial Crowns: An Imperial Crown, Lord Finch. I hope all do concur in
it was that which was not to be touched this Opinion delivered by my Lord Chief
in the Perſon: We do not ſpeak any Baron : You ſhelter your ſelf under a
Thing of the Abſolute Power of the Command of the Houſe of Commons
King, for you ſee he cannot judge con but let me tell you, and all the World,
cerning the Death of his Father, but by That if the Houſe of Commons ( let it
Laws. When you ſwore this Allegiance, have been never ſo compleat) had given
all thoſe Members to break all this at a Command, it had been a Thing no
once, this would be ſo far from having ways juſtifiable; the Juſtification is an
any
Colour of Authority, that he that Aggravation.
juftifies it, juſtifies it againſt the Light Scroop. My Lord, I do fee that every
of Conſcience and Laws. You ſay you Thing I ſpeak, though it be for clear-
did it by Commandment from them ; ing of my ſelf from your ill Opinion, I
he that doth a Command by ſuch an ſee it is taken in an ill Senſe (I humbly
Authority, it is his Guilt: Our Law- beſeech Pardon for the Expreſſion) if I
Book fay, That if a Court at Common err I will crave your Lordſhip’s Pardon ;
Law exceed their Juriſdiction, in that but, my Lord, I ſay this, If I have been
Cafe he that obeys that Command is pu- miſled, I am not a ſingle Perſon that
niſhable. In the Court of Common have been miſled. My Lord, I could
Pleas, if there be an Appeal there for fay, (but I think it doth not become me
Murther, it is only proper to the Upper to ſay ſo) That I fee a great many Faces
Bench; and therefore if the Party be at this Time that were inifled as well as
condemned, fentenced, and executed my ſelf; but that I will not inſiſt upon :
thereupon, the Executioner in that Caſe I ſay this, That I hope an Error in
is guilty of Murther, for obeying that Judgment ſhall not be accounted Ma-
Authority, which was indeed no Autho- lice, or an Error of the Will: Truly,
rity : And therefore whereas you would my Lord, I never went to the Work
go about to juſtify the Fact, becauſe with a malicious Heart ; I humbly de-
you did it by Command of that Authority fire your Lordſhips to take notice of it,
that is an Aggravation: That when That I never bore any Malice at all a-
Men ſnall aſſume an Authority, which gainſt his late Majeſty.
is a Devil at the Noon-day, appearing L. C. Bar. Mr. Scroop have you done?
Scroop.
.:
The TRIAL of the RegICIDE S.
61
My
Scroop. My Lord, I do beſeech
your ſome are of one Opinion, and ſome are of
Lordſhips to take notice, That an Error anotber.
in Judgment is not an Error in the
Scroop. Upon the Death of the King,
Will.
my Lord, I muſt confeſs to you, that
1. C. Bar. Mr.
Mr. Scroop, I am very ſomewhat I ſaid to him, but I cannot
glad to hear you ſay ſo; but let me tell own that I faid thoſe words.
you what the Law faith; The Law in Lords, He is 'a worthy Perſon, I do
this Caſe creates the Malice. If a Man not deſire to ſpeak any Thing to dege-
do an Act of this Nature, that
may
be nerate in the leaſt kind from him ; it is
ſome Kind of Excuſe to God, but to but his Yea, and my No; there was no
wards Man you are to look to the Fact, body there.
the Law implies the Malice. If there L. C. Bar. Have you any thing more
be any Thing you will ſay in the Exte to ſay for yourſelf?
nuation of your Offence, we will be very Scroop. My Lord, if your Lordſhip
glad to hear what may tend to your do over-rule it, ſo that I may not have
Help.
Council, I have little more to ſay.
Scroop. My Lord, there is one Evi L. C. Bar. You have heard the Senſe
dence comes in againſt me, that I muſt of the Court in that Particular, you can-
confeſs I am very ſorry to fee; and, not have Council allowed you, as to the
my Lord, there was a Saying, and it is Matter you have pleaded.
by my Lord Mayor Eleft : Truly he is Scroop. I have done; but only this,
a worthy Gentleman; but I deſire the my Lords, I know not whether it be
Lord may forgive that which he hath ſeaſonable to mention it ; I came in upon
ſpoken : Truly, my Lord, I did never the Proclamation ; and, my Lords, by
intend any Thing in this, neither can ! Means of theſe unhappy Words that
directly remember that I ſpake thoſe have been reported of me in the Houſe
Words directly, as my Lord Mayor of Commons, whereas before I was no
Eleat doth ſpeak: I do believe my Lord excepted Perſon, I came to be excepted,
Mayor cannot well remember them and upon the very laſt Day of paſſing
himſelf; for he faith, fo far as he can that Act, never was excepted before the
remember: I muſt confeſs that when I very laſt Day: I beſeech you take Notice
was there, and had appeared according of this.
to the Proclamation, that ſuch Diſcourſe L. C. Bar. Mr. Scroop, That is a
ſomewhat like it was raiſed, not of my Thing that is not before us, but there
procuring: I did not procure the Dif- will be a proper Time to conſider of it
courſe; I never intended the Juftification in another Place; that is nothing to the
of the Fact; but it was my ill Succeſs Trial. Have you any more to ſay,
that I ſhould meet with that worthy Sir ?
Gentleman to have ſo much Diſcourſe Scroop. No, my Lord; Will your
with him.
Lordſhip pleaſe to let me ſpeak a Word
L. C. Bar. Mr. Scroop, my Lord to the Jury.
Mayor Elect faith no further than this, L. C. Bar. If you ſpeak to the Court;
so far as be remembers; and the Words the Jury will hear it.
that you ſhould ſay, were theſe, That Scroop. Truly, my Lord, this I do
16
perceive,
Q
62
The TRYAL of the REGICIDE S.
purceive, that I am under a very great Statute. But the Compaſſing and Imit-
Prejudice as to this Fact. It hath been gining the Death of the King is made
the Cale with many Gentlemen beſides Treaſon : Then to apply it, this Fact,
mylelf; I deſire that thefi: Gentlemen to the Gentleman, it appears to you
would take my Care into Confideration, here by the Proofs againſt him. Here
as they would their own; and I deſire is Mr. Maſterfon, he ſwears he law him
that the Lord would give them Direction, fit in that pretended Court, there was
that they may do that which is according your Evidence of the firſt ; the firſt was
to Juſtice and Mercy. That is all that their Meeting together; and of the Se.
I have to lay, my Lords.
cond too, they did aſſume Authority
L.C. Bar. You Gentleinen, that are upon them; and he ſwears further to the
worn of this Jury, you ſee the Priſoner, Sentencing, That the Priſoner was there.
Mr. Siroop, hath been indicted for Ima Here were the Three Overt- Axts all
gining and Contriving the Death of his proved. He confeffes he did Sign the
late Majeſty, of Bleſſed Memory, King Warrant for putting the King to Death:
Charles the Firſt. You ſee there are fe This, without any Witneſs at all, was
veral Things in this Indictment; the a ſufficient Proof, a Proof of Proofs.
Charge is the Imagining and Compal. The ot' er Witneſſes, you hear what
ſing the Death of the King. In the In- they fay; you heard Mr. Kirk, Mr.
dictment there are ſeveral Matters of Clark, Mr. Nutley, ſwear all to his fit-
Fict to prove this Imagination. The ting there. It is true, when this comes
Imagination is the Treaſon, the Matters to the Particulars where he fate, you
of Fact to prove it are but the Evidences muſt remember it was Twelve Years ago :
of that Imagination: If any one of them When a Man fees a mixt Number of
be proved to you, it is ſufficient; the about Eighty Perſons, it is impoffible a
one is Conſulting and Meeting together Man ſhould be able to anſwer this Par-
how to put him to Death ; the other ticular after Twelve Years where ſuch a
Sitting and Affuming Authority to bring one late ; but you may fee by his Sen-
him to Trial. Then you have a Sen tencing what he did. They all witneſs
tence by the Court to put the King to they faw him poſitively; and one tells
Death thereupon ; afterwards he was you, He wondered he ſaw him there ; and
put to Death: And one of theſe Matters indeed it might be a Wonder; for Mr.
are Evidence enough for you to prove Scroop (to give him his Right) was not a
the Indictments for though the Indiet Perſon as fome of the reſt, but he was
ment concludes that fo they did Ima- unhappily engaged in that bloody Buſi-
gine and Compaſs the Death of the King, neſs, I hope miſtakenly ; but when it
and the King was put to Death in the comes to ſo high a Crime as this, Men
Manner and Form as aforeſaid ; the muſt not excuſe themſelves by Ignorance,
Manner and Form aforeſaid goes to this, or iniſguided Confcience.
As to God,
to the Imagination of the Heart; for for this horrid Murther of the King fome-
the Law did not think any one would what may be, but there is no Excuſe or
put the King to Death, they thought Extenuation before Man; there may be,
it fo heinous a Crime, that they thought I ſay, before the Lord. You ſee the
it not convenient to bring it into the Proof is full againſt this Gentleman, as
6
full
The TRYAL of the REGICID E s.
63
lull as may be; Witneſſes law him fit, L. C. Bar. Are you agreed as to your
and he himſelf confeífed he ſigned the Challenges?
Warrants. I have no more to ſay to Pril. No, my Lord,
you, but, Gentlemen, you ſee what it L. C. Ber. Then we muſt do as be-
is; I think, for Matter of fact, you fore, ſever you, and go to Trial leve-
need not go from the Bar; but I leave it rally: Take the Three away, and let .
10 you.
Mr. Carew ſtand at the Bır.
Scroop. My Lord-
Challenged, Charles Pitfield,--.Wille,
L. C. Bar. Mr. Scroop, If you have William Smiths, Richard Rider, Edivard.
any thing to ſay when the Jury have Rolph, James Shercroft
, Thomas Uffman,
brought in their Verdict; if you will Francis Beal, William Whitcombe, Sa-
lay any Thing for Matter of Mercy, muel Harris, John Nicol of Finchley,
the Court will hear you.
George Rigth, Thomas Fruen, A). New-
Scroop, I thank your Lord Mhip.
mon,
Tho. Blilhe, William Vincent,
The Jury went together, and preſently James Hawley, Chr. Abdy, Thomas Bide,
Jettled themſelves in their Places. Fohn Smith, Abr. Skudamore, Ralph
Clerk. A. Scroop, Hold up thy Hand. Halſel, John Galliard. In all 23.
Look upon the Priſoner. How ſay Jury Sworn. Robert Clarke, Thomas.
you? Is he Guilty of the Treaſon where-
Grover, Rich, Whaley, Sam. Greenhil,
of he ſtands Indicted, and hath been Nicholas Raynton, Tbo. Winter, Rich. :
Arraigned, or Not Guilty?
Cheney, John Kirk, Rich. Abel, Thomas
Jury. Guilty.
Morris, George Tirrey, Thomas Swallow.
Clerk. What Goods and Chattels, &c.
In all 12.
Jury. None that we know:
If a Man can inform my Lords the
L. C. Bar. If you will ſay any thing, King's Juſtices, &c.
the Court will hear you.
Clerk. John Carew, Hold up thy
Scroop. I have no more, my Lord, Hand.
to ſay, but refer myſelf to this Honour You that are ſworn, look upon the
able Court.
Priſoner : You ſhall underſtand,&c.
Sir Edward Turner. May it pleaſe
12
your Lordſhips, our Hue and Cry ſtill
proceeds againſt the Murtherers of our
late Sovereign Lord King Charles the
Clerk. ET John Carew, Thomas Scot, Firſt of Bleſſed Memory, and this Gen-
John Jones, and Gregory tleman, the Priſoner at the Bar, is
ap-
Clement, to the Bar: Who were fet ac prehended as one, among others, for
cordingly, and being commanded, ſhedding that precious Blood. Gentle
they ſeverally held up their Hands. men of the Jury, he ſtands indicted
Theſe Men that were faſt before you, for that he (I cannot expreſs
called, &c.
it better) not having the Fear of God
Sir Thomas Allen, Lay your Hand before his Eyes, but being ſeduced by
on the Book : Look, &c.
the Inſtigation of the Devil, he did
Cerew. I challenge him,
Imagine and Compaſs the Death of bis,
filic
SE
64
The TRY A L of the REGICI D E S.
ſaid late Majeſty. In Proſecution of L. C. Bar. Mr. Corew, if you will
this, Gentlemen, there be ſeveral Things have Pen, Ink, and Paper, you inay
that are mentioned in the Indictment, have it ; pray call for it.
which are the open Acts to diſcover to Carew. I have no need of it.
you theſe ſecret and private Imaginations. C uncil. Mr. Maſterfon, did you
He did meet and conſult with divers fee, &c.
Perſons touching the Death of the King, Maſterfon. My Lords, and Gurtle-
that did uſurp and take upon them to men of the Jury, I was preſent at that
exerciſe a Power and Juriſdiction to try Aſſembly, which they called the High
the King: And finally, moſt horribly Court of Juſtice, for Trial of the King,
put him to Death. The Treaſon by the upon the 22d, 23d, and 27th Days of
Statute of 25 Edward III. and which Fanuary 1648. and there I ſaw the
yoli are to enquire of, is, The Imagina. King ſtand a Priſoner at the Bar. I ſaw
tion and Compalling the Death of the this Gentleman, the Priſoner at the Bar,
King; the reſt of the Indictment are ſit upon the Bench in that Court, as one
but Particulars, to prove that he did ſo of his Majeſties Judges; particularly
immagine and compaſs the Death of the
upon the 27th of January, which was
King. If we ſhall prove theſe, or any the Day of Sentence, I ſaw him fitting
of theſe Facts, you have then ſuficient there.
to convict 'him. There was a Thing Council. Mr. Clark, You hear the
they called a High Court of Juſtice, Queſtion: Do you remember that you
that was ſet up, wherein they did intend ſaw the Priſoner at the Bar ſitting in
to try our late Sovereign Lord, and a that which they called the High Court
Precept made, and that under the Hand of Juitice ?
and Seal of the Priſoner at the Bar, a Mr. Clark. I remember I ſaw the
mongſt others, for ſummoning and con Priſoner at the Bar fitting in that which
vening that bloody Court : where they called the High Court of Juſtice,
(amongſt the reſt of the Miſcreants) the for the Trial of the late King; and
par-
Priſoner at the Bar did ſit, and had ticularly I took Notice upon the 23d
Confidence, nay, Impudence, to pro- and 27th of January, 1648. that he
nounce Judgment againſt his Sovereign. was preſent.
In this he reſted not, but he, among Council. What was done upon that
them, ſet his Hand and Seal to that 27th Day?
bloody Roll or Warrant, for putting Mr. Clark. The 27th Day the late
him to Death; which accordingly was King was ſentenced to Death.
done: And to theſe ſeveral open Acts Jury. What is your Name, Sir?
we ſhall call our Witneſſes, and fo pro Council. His Name is William Kirk.
ceed.
Council. Mr. Kirk, What ſay you to
Mr. Maſterfon, Mr. Clark, and Mr. the former Queſtion touching the Priſo-
Kirk, ſworn.
ner, his being at that which
they called
Council. Mr. Maſterfon, look upon the High Court of Juſtice ?
the Priſoner, did you ſee him fit in that Mr. Kirk. My Lords, and Gentle-
chey called the High Court of Juſtice ? men of the Jury, I was preſent at the
Trial
that
The TRYAL of the REGIÇIDE S.
65
Trial of his late Majeſty of Bleſſed Me- poſſibly a Man can know another's
mory; I ſaw that Gentleman, the Pri- Writing, I do believe theſe to be his.
ſoner at the Bar, ſeveral Days there, Court. If you will aſk to ſee them,
particularly the Day of the Sentence, you may ſee them, Mr. Carew.
which was the 27th Day of Jan. 1648 ; Carew. Pleaſe you to go on.
Flere
when the Sentence was paſied, he roſe they were both read.
up, aſſenting to it. Then the Warrant Council. May it pleaſe your Lordſhips,
for ſummoning that pretended Court, we Mhall not need to trouble the Jury
was ſhewed to Mr. Kirk.
any further ; we have proved that the
Council. Do you believe that Hand Priſoner did Sign that Warrant for ſum.
to be the Hand of Mr. Jo. Carew, Pri- moning that Court of Injuſtice ; that he
foner at the Bar!
fate there, and ſentenced the King to
Kirk. My Lords, I do believe it to Death among others, and that he ſigned
be his Hand, I have ſeen his Hand to the Warrant for Execution.
ſeveral Orders, and being very well ac Lord Chief Baron. Mr. Carew, you
quainted with his Hand-writing, I be have heard the Evidence, you may
lieve it to be his Hand, as much as any pleaſe to ſpeak what you think fit for
Man can poſſibly know another Man's yourſelf.
Hand. Then the Warrant for Execu-
Carewe. My Lord, the Crimes that
tion of the King was likewiſe thewn are here laid to my Charge in this In-
him.
dictment, are Treaſon and Murther.
Coun. Is that the Hand alſo of the Lord Chief Baron. I would not have
Priſoner at the Bar ?
you to be mif-informed, it is Treaſon
Kirk. It is the ſame Hand, my only, but it carries the other in with it,
Lord.
Murther.
Court. Was Mr. Carew a Member of
Curew. Becauſe you ſay it carries the
the Long Parliament?
other incluſively.
Kirk. Yes, my Lord.
Lord Chief Baron. It doth; the Charge
Court. Had you Occafion to be ac is the Compaſſing and Imagining the
quainted with his Hand.
Death of the King, the other is but Evi-
Kirk. My Lord, I have ſeen him ſet dence.
his Hand ſeveral times to Orders and Carew. Then the Thing that I ſtand
other Papers.
upon before the Lord, and before you
Mr. Farrington ſworn.
all, I ſay before the Lord, before whom
Council. Do you know (the Warrants we muſt all ſtand, and give an Account
being shewn him,) thoſe Hands to be the of this Action, which is a very great and
Writing of the Priſoner at the Bar? weighty one: And whereas it is charged
Far. My Lords, really I believe theſe there, for I ſnall not trouble you with
are his Hands.
many Words as to the Particulars, or as
Court. Are you acquainted with his to the Proofs, but I ſhall ingenuouſly
Hand?
acknowledge what the Truth is, and
Far. Yes, my Lord, and I do believe how far I can believe it; and therefore
thefe to be his Hand-Writing; I did I ſay, as to the Beginning of what was
not ſee him write them, but ſo far as charged by the Council, and according
17
R
to
66 The TRYAL of the REGICID E S.
to the Courſe of the Indictment; that was very unwilling, becauſe of their be-
what was done in thoſe Things, that it ing enow, which I thought had more
was not having the Fear of God before Experience every Way for ſo great a
niine Eyes, but being moved by the Concernment as that was, to be em-
Devil, and that it was done with a trai- ployed rather than I; yet being ſatis-
terous, malicious, and deviliſh Heart; fied with that Authority that did it :
and all thoſe Things mentioned in the This is to Mew you, how that I had the
Indictment: As for that, I can ſay in Fear of the Lord, and did weigh the
the Preſence of the Lord, who is the Things. After that, when the Bill was
Scarcier of all Hearts, that what I did brought into the Houſe, my Name was
was in his Fear, and I did it in Obedi put in there with ſeveral others, ſo I
ence to his Holy and Righteous Laws. came to be in; and what I did, was up-
Here the People humn'd-
on theſe Two Accounts : Firſt in Obe-
L. C. Bar. Go on, he ſtands for his dience (as I told you) to the Lord,
Life, let him have Liberty.
which was the chief Thing; and in O.
Carew. It is Part of my Charge not bedience to that which was then the
to have the Fear of God, &c. I did Supreme Authority of this Nation : And
fuch and ſuch Things. I hope I may therefore I ſhall mention theſe Grounds
have Liberty.
very briefly; becauſe indeed the Things
L. C. Bar. Go on, you ſhall not be that are controverted here at this Time,
interrupted.
they have been controverted in the Face
Carew. I ſay that I did it in the Fear of the whole World, in ſeveral Nations ;
of the Lord, and I will begin with that and the Lord hath given an Anſwer up-
and confeſs ingenuouſly the Truth of it. on folemn Appeals to theſe Things : I
When this came into Queſtion there ſhall therefore mention them very brief-
was an Ordinance brought in to try the ly, becauſe they have been fo publick.
King, where my Name was not as one The Declarations and Remonſtrances
of the Judges. There was another af- that have paſied between the King and
terwards, an Act which I ſhall mention Parliament, concerning the Beginning
upon what Ground by and by, what of the Wars
that was, and that Act was brought in L. C. Bar. Mr. Carew, I would be
and committed, and Names brought in, very loth to interrupt you; but I fee
and my Name was not brought in, and what Courſe is taken, and the Peoples
ſo afterwards my Name was put in; and Eyes are upon you. You ſeek Delays,
feeing it, I did ſtrike it out: After the and againſt the Courſe of Priſoners you
Committee was up, I told them, I did ſay you will confeſs; but you do confeſs
deſire to be excuſed in ſuch a Buſineſs. the Fact, after you have ſpent the Time;
I have told you how, wherein, and the and all the Witneſſes are heard: For
Ground that I did it; which I ſhall leave this, that you ſpeak of now, you go
with the Lord, in whoſe Hand your about to juſtify as in the Fear of the
and my Breath, and all our Breaths are; Lord, or any Thing of that Nature,
and therefore when it was ſo, I did, be that we cannot allow of; but we do al-
cauſe of the Weight of it, as being a low you to ſpeak and give the Heads
very great and ſpecial Thing; and fo I of what you will ſay, as to the Matter
of
2
The TRYAL of the REGICIDE S.
67
of Fact : But to hear you make Dif L. C. B3r. · Mr. Carew, If that be
courſes and Debates which are a Juſtifi your Ground, the Parliament did it, the
cation of a horrid and notorious Trea Houſe of Commons did it; I have
fon, we cannot hear it; we ought not ſomething to offer (not to interrupt you)
to bear the maintaining of open Trea to the then Commons --
fon; cannot hear you to fpeak that upon Carew. In my humble Opinion for
your opening, which is Treafon: We the maintaining of this, it was by Au.
are willing that you open the Heads thority, the Supreme Authority,by which
what you have to ſay; we are upon our it was done.
Conſciences, and to appear before God L. C. Bar. Did you Sign the Warrant
for what we do; and ſo are you too: for the Sunmoning and Warning of that
But remember the Devil fometimes ap Court? And did you Sign the Warrant
pears in the Habit of an Angel of Light. for Executing the late King ?
If you will couch your Matter in a few Carew. I deſire I may go on with
Words, the Court affords you Liberty, my Defence.
which is indeed beyond the ſtrict Rules L. C. Bar. We would not have you
of Law.
be miſtaken : You ſeem to confeſs the
Carew. You ſay you ſit here by the Fact, and now you justify it; you can-
Laws of the Land, and are ſworn to not ſpeak any thing for your Juſtifica.
maintain the Laws. We ought not that tion, till you confcis the Fact.
we ſhoula plead to this Indictment, for Carew. I ſhall ſpeak to that in its
what we did was by an Act of Parlia- Time.
L. C. Bar. You muſt ſpeak to that
Court. Pray, Sir, this muſt not be firſt, that is Matter of fact, whereupon
let fall withoui Reproof, or rather Pu the Jury are to go
niſhment.
Carew. There is Matter of Law.
Carew. I believe there is no Prece Court. You muſt ſpeak to Matter of
dent for it.
Fact firſt.
Court, Sir, We know the Act of Carew. I ſay, this is what I was
Parliament as well as you, and moſt of about to ſay, That the Supremne Au-
the Standers-by: You go upon a falle thority
Ground, there was no ſuch Act of the Court. You muſt ſpeak to the Fact
Supreme Authority as you pretend to; firſt, Whether you did Compaſs, &c.
there are but Phantafms of your own the King's Death, or not? That is the
Brain, and muſt not be ſuffered; theſe first Ground : If you did nos, there's
Things have been controverted and de an End of the Buſineſs: It is proved
cided many a Time, again and again. againſt you that you did it; if you come
Carew. I deſire to have Time to to juſtify it, it muſt be when you have
ſpeak how it was begun and carried on, firſt agreed the Matter of Fact.
or elſe how ſhall I be able to make my Carew. I deſire I may have Liberty
Defence, or to tell you what are the to proceed, either for Matter of fact,
Heads I will inſiſt upon? I ſhall declare or Law, as I lift.
the Grounds
upon
which the Parliament Court. No, no, you muſt firſt ſpeak
to the Fact; you may be after heard.
You
ment.
did proceed.
68 The TRY A L of the REGICI D E S.
You know in all Caſes they muſt begin Printed in 1642. and thereupon the
with the Fact, either denying or exte Lords and Commons did declare
nuating; for Matter of Law in this L. C. Bar. Mr. Carece, The Court
Caſe muſt ariſe from the Fact.
are of Opinion not to ſuffer you to go
Carew. But I humbly conceive there on in this; they ſay it tends not only to
is a Matter of Law in this Cafe, and it juſtify your Act, but you caſt in Bones
is : Matter of Law that is above the Ju- here to make ſome Difference. You
riſdiction of this Inferior Court.
talk of the Lords and Commons; you
Mr. Sol. Finch. I pray that he may have nothing to do with that Buſineſs;
be held to the Iſſue, Guilty, or Not your Authority that you pretend to was
Guilty : If he deny the Fact, let us rely an Act of Parliament, (as they called
upon our Evidence, and he upon his; themſelves) and that where there was
he cannot come to Law till he liath con 46 Commcns in the Houſe, and but
feff«d the Fact. The Queſtion is, whe-
26 Voted it.
ther you did, or not? There is the Carew. I fay, that the Lords and
Fact; if you have any Thing to juſtify, Commons by their Declaration
that follows.
Mr. 7. Foſter. Hold up your Hand
Carew. I was upon that, and going a-while, Sir; not ſo faſt, you go to
on to ſhew the Reaſons and Grounds of raile up thoſe Differences which I hope
it.
are aſleep; new Troubles ; to revive
Court. Firſt you muſt confeſs it, if thoſe Things which by the Grace of God
you will ſhew the Reaſons why you did are extinct: You are not ſuffered in
it.
this; it is not the ſingling out of a few
Carew. I told you there was ſome Perſons that makes a Parliament. We
Things I did.
ſee as before, ſo ſtill, it is your Courſe
Court. What are thoſe fome?
to blow the Trumpet of Sedition. Did
Carew. I do acknowledge that I was you ever hear, or can you produce, In-
there at the Court.
ſtances of an Act of Parliament made
Council. Did you Sign the Warrants by the Houſe of Commons alone, tho
for ſummoning that Court, and for this was not the Houſe of Commons, as
Execution of the King ?
you heard before?
Carew. Yes, I did Sign them both. Carew. Neither was there ever ſuch
Council. Then ſay what you will. a War, or ſuch a Precedent.
L. C. Bar. Now, go on.
Court. Nor we hope never will be :
Carew. In the Year 1640. there was Pray remember, you were returned to
a Parliament called, according to the ſerve in the Houſe, what was that Writ
Laws and Conftitutions of this Nation that ſummoned your Appearance ? You
and after that, there was ſome Difference had no Manner of Ground in the World
between the King and the Parliament, to go that Way you did.
the Two Houſes of Parliament, Lords Council. We pray that the Priſoner
and Commons; and thereupon the at the Bar give us Patience a little, to
King did withdraw from the Two Houſes repeat that to him, which your Lord-
of Parliament, as appears by their own ſhips have been ſo often troubled with
Declaration, The Great Remonſtrance, declaring: This is not the firſt or ſecond
Time
;
*The TRYAL of the REGICIDE S.
69
Time that in this Publick Aſſembly it fent in the Houſe of Commons, when
hath been ſaid, That neither the Lords that Vote paſted for Agreement with the
nor the Commons, jointly nor ſeverally, King in the Treaty at the Iſle of Ilight.
have any Power at all to proceed upon You know the King having conde-
the Perſon of the King; that it is not
ſcended to moſt of the Deſires of his
in their Power to condemn any Man in Parliament, there was a Debate in the
England, without the good Pleaſure of Houſe, and a Concluſion that they were
the King, much leſs the King himſelf; Grounds for Peace. You know the
and that this is the great Liberty of the
Lords and Commons did refolve to a-
People of England that it Thould be fo; gree with their King; when that was
and it was the Firſt Breach and Invaſion done, that would not ſatisfy you and
of our Liberty that that Firſt Parliament other Members of the Houſe; then
made, and which you juſtify in the you go and contrive new Ways ; you
Name of the Lord. In this Cafe, to contrive a new-faſhion’d Parliament; the
throw us upon Debates of the War, and driving away many Members by Power,
to talk here of the Cauſes and Reaſons of which you could not do by the Law of
that Quarrel which ended in ſuch a Tra- the Land; nay, the Parliament had de-
gedy; for this Perſon to come here with clared againſt ; that which you pretend
this Confidence, and to juſtify it; but is by Authority, is no Authority; for
that he knows he cannot be in a worſe a few of you ſet up an Arbitrary Parlia-
Condition, one would wonder it ſhould ment of a few of yourſelves, when you
fall from any Man that hath any regard had driven away the reſt: This kind of
to himſelf; it is all one to them that pe Parliament gives you the Authority you
riſh, whether they fall by one Sin, or pretend to. You were ſaying, that the
Multitudes. He makes no Scruple to Parliament was called at firſt the Lords
multiply Treaſons: I do beſeech your and Commons by the King, according
Lordſhip he may not offer as he hath be to the ancient Conftitutions of the Laws:
gun, but that the Jury may proceed. Did ſuch a Parliament give you ſuch
Court. All the Court are of the ſame Authority as you pretend to, an Act of
Opinion not to hear any Thing like the Parliament, as you call it, which was
former Diſcourſes.
but an Order of ſome of the Commons,
Carew. I deſire I may be heard; I and but a few of them; you can have
have not compafled the Death of the no Manner of Juſtification ; and there-
late King, contrived the Death of the fore
your
Plea muſt be over-ruled as Ye-
late King; what I did, I did by Autho- ſterday it was in the like Caſe. You are
rity.
Indicted upon a clear Act of Parliament
Court. This is not to be heard ; you of 25 Edw. III. and you defend your
have heard what hach been ſaid to you ; ſelf upon Pretence of an Act of Parlia-
there could be no ſuch Authority, nei ment, which has been over-ruled as no
ther was, nor could be ; but you would Act.
by a Wire-lace bring it in by this ; you Carew. I am a Stranger to many of
have confefled the Fact, which muſt be theſe Things which you have offered ;
left to the Jury.
and this is ſtrange, you give Evidence,
Lord Annelley. I think you were pre- fitting as a Judge.
18
S
L. G. Bar
70
The TRY AL of the REGICI DE S.
King's Death. That which you are to
L. C. Bar. You are miſtaken, it is Miſchiefs have been done ; that hath
not Evidence; he ſhews you what Au been an Old Rule. I muſt now give
thority that was, an Authority of 26 Directions to the Jury.
Members: How is this Evidence ? Mr. L. C. Bar. Gentlemen of the Jury.--
Carew, if you
have any Thing more of Carew. I have deſired to ſpeak the
Fact, go on : If you have nothing, but Words of Truth and Soberneſs, but have
according to this kind of Diſcourſe, I been hindered.
am commanded ro direct the Jury.
L. C. Bar. Gentlemen of the Jury,
Carew. I am very willing to leave it you ſee the Priſoner here at the Bar hath
with the Lord, if you will ſtop me, that been Indicted of Treaſon ; and this was
I cannot open the true Nature of thoſe for compaſſing and imagining the Death
Things that did give me Ground of Si of our Sovereign Lord King Charles
tisfaction in my Conſcience, that I did the Firſt, of Bleſted Memory. This
it from the Lord.
Indictment ſets forth ſeveral Overt-Acts
Mr. Sol. I do pray for the Honour of to prove this Imagination, for otherwiſe
God and our King, that he may not be it is Secret in the Heart; the Fact itſelf,
ſuffered to go on in this manner.
You the Treaſon itſelf, is the Imagination of
have been ſuffered to ſpeak; you have the Heart: The Overt-Acts that are
frid but little, only Sedition ; you pre-
laid down in the Indictment to prove
tend a Conſcience, and the Fear of the this, That they did conſult and meet toge-
Lord, when all the World knows you tber, how to put the King to Death; That
did it againſt the Law of the Lord, your they did fit upon him: And Thirdly,
oun Conſcience, the Light of Nature, That they did ſentence him to Death, and
and the Laws of the Land ; againſt the afterwds be died. You heard what was
Oaths you have taken of Allegiance and proved againſt the Gentleman, the Pri-
Supremacy.
ſoner at the Bar, by ſeveral Witneſſes :
Carew. Gentlemen of the Jury, I ſay His own Confeſſion, That he ſigned the
I ſhall leave it with you. This Autho Warrant for Summoning and Conve-
rity I ſpeak of, is right, which was the ning that Court together, whereby the
Supreme Power; it is well known what King was to be brought to his Trial;
they were.
and that he fate at his Sentence, and if-
Council. It is ſo indeed, many have ſued the Warrant for his. Execution :
known what they were.
You ſaw that this Gentleman did the
L. C. Bar. Mr. Carew, You have Fact, did Compaſs and Imagine the
tay in your own Defence; that which try is this Iflue, being indicted for High
you have ſaid, the Heads of it you ſee Treaſon, and pleading Not Guilty ;
the whole Court hath over-ruled. To whether this Gentleman that went ſo far,
fuffer you to expatiate againſt God, and Sate lipon him, Condemned him, Signed
the King, by Blaſphemy, is not to be the Warrant for his Execution, did not
endured; it is ſuffering Poiſon to go Compaſs and Imagine the King's Death?
about to infect People ; but they know I think you need not ſtir from the Bar
now too well the Old Saying, In Nomine where you are ; but I leave that to you.
Domini, In the Name of the Lord, all After a very ſmall time of Conſultatio:1
6
by
Tise TRY AL of the R EGICIDE s. ni
by the Jury amongſt themſelves at dinary Way of Excepting and Challeng-
the Bar, they agreed iir a l'irdict. ing.
Silence was commanded.
Sir Hen. Worth, Sir yer. Whitchcole,
Clerk. Johan Carew, Hold up thy James Hawley, Rich. Rider, Fra. Beale,
Hand: Gentlemen of the Jury, look Chr. Abdy, Nich. Raynton, Tho.Winter,
upon the Priſoner: How fay you? Is John Kirke, Rich. Abel, Sir Tho. Aileyn,
he Guilty of the horrid Treaſon where- Avraham Scudamore, Ralph Haljall,
of he ſtands indicted, or not Guilty ? George Tirrey, Tho. Swallowe, Charles
Foreman. Guilty.
Pickerne, Arthur Newman, Tho. Blithe,
Clerk. What Goods and Chattels, William Vincent, Rich. Whaley, were
&c.?
called and challenged.
Jury. None that we know of.
Thomas Grover, Edw. Rolfe, Thomas
Ufman, Williain Wbilcombe, Richard
Cheney, Thomas Bide, Charles Pifcild,
65
John Smith, Tho. Morris, Thu. Fruen,
Henry Twyford, Samuel Starnel, were the
Jury ſworn.
Mi. Scot's Trial, on Friday, Clerk. Cryer, Make Proclamation.
October, 12. 1660. at the Cryer. O Yes, Ifany Man can informa
my Lords the King's Juſtices, &c.
Seſſions-Houſe aforenamed. Clerk. Tho. Scot, Hold up thy Hand.
You that are ſworn of the Jury, you
Clerk. ET Thomas Scot to the Bar, ſhall underſtand that the Priſoner at the
(which was accordingly done.) Bar ſtands Indicted by the Name of
Thomas Scot, Hold up thy Hand. Theſe
thy Hand. Theſe Tho. Scot, late of Weſtminſter, in the
Men that have been of the laſt Jury are Country of Middleſex, Gent. For that
to try, &c. If you will Challenge all, he, together with John Life, &c.
or any of them, you muſt Challenge [Here the Indi&tment was read.] Unto
them before they are ſworn.
which Indictment he hath been arraign-
Scot. I deſire that thoſe Men who ed, and thereunto hath pleaded not
have been of the former Jury, may not Guilty, and for his Tryal hath put him.
be named. I know my Liberty of ex ſelf upon God and the Country; which
cepring againſt my Number.
Country you are.
Now your Charge is
L. C. Bar. Mr. Scot, That which you to enquire, &c.
do deſire is a 'Thing not right; the Of Mr. Soll. Gen. You that are ſworn of
fence with one is not the ſame with o this Jury, this Inquiſition for Blood,
thers: I ſpeak not but that the Court Royal Blood, goes on againſt the Pri-
will do you all Right; the Court will foner at the Bar: He ſtands Indicted for
grant it, if you will wave your Chal. Compaſſing, Imagining, and Contriv-
lenges ; but if you mean thoſe that have ing the Death of the late King, of Bleſ-
been by others challenged, it is againſt ſed Memory. It is laid to his Charge
Law.
in the Indictment, That he did aſſemble
Scot. I am willing to bring my ſelf at Weſtminſter, and that he, with other
upon my Trial, and I will take the or Perſons, uſurped the Authority of Sit-
ting
my 2
* The TRYAL of the REGICID E S.
ting and Sentencing to Death his faid againſt his late Majeſty, I ſaw the Pri-
late Majelly ; and that in Conſequence ſoner at the B.ir preſent.
and Purſuance of that the King came to Council. As one of the Judges, do
his Death. The Treaſon he ſtands
you mean?
charged with, is the Compaſſing and Mr. Ma. As one of the Judges fitting
Imagining the King's Death; the other upon the Bench.
Parts of the Indictment are but Overt Scot. Do you know whereabouts I
Acts, that do but evidence and prove ſate?
the Corruption of his Heart. If we Mr. Ma. I cannot ſatisfy you in that;
prove but ſome of theſe Overt-Acts, but I ſaw you fitting upon one of the
then you muſt find him Guilty. Our Benches.
Evidence againſt this Gentleman will be Council. Mr. Clark, You hear the
thus: We Thall call Witneſſes to prove Queſtion, pray anſwer what you know
his Sitting in the Court, Sentencing his touching it.
King, while his King ſtood a Priſoner at Mr. Clark. My Lords, and you Gen-
the Bar ; the Warrant for Execution of tlemen of the Jury, I was preſent in the
the King, directed to certain Perſons to Year 1648. when his late Majeſty ſtood
fee Execution done accordingly, was a Priſoner at the Bar in that which they
under Hands and Seals; and among called the High Court of Jujtice; and
thoſe Hands and Seals, the Hand and among other Perſons there preſent in
Seal of the Priſoner at the Bur is one: that Buſineſs, I obſerved Mr. Scot, the
And then we ſhall produce to your Lord- Priſoner at the Bar, to fit as one of the
ſhips Witneſſes to thew you with what a Judges ;' and particularly upon the 23d
hard and impenitent Heart this hath been and 27th of Days of January, in the
committed; for he to gloried in the faid Year ; upon which laſt Day the
Act, that he deſired it might be wrote Court pronounced Judgment upon the
late King
Mr. Nutley, Mr. Kirke, Mr. Maſter Council. Did he ſtand up, as affenting
Jon, and Mr. Clerk, ſworn.
to the Sentence ?
Council. Mr. Maſterfon, B: pleaſed Mr. Clerk. They all ſtood up to my
to tell my Lords and the Jury, if you Apprehenſion ; I know not particularly
have ſeen the Priſoner at the Bar fit in whether the Priſoner at the Bar did.
that which they called the High Court of Council. Mr. Kirke, Tell my Lords
Juſtice.
and the Jury your Knowledge in this
Mr. Ma. My Lords, and Gentlemen Buſineſs touching the Priſoner at the
of the Jury, I ſaw the Priſoner at the Pur Bair.
preſent at the High Court of Juſtice (as Mr. Kirke. I was preſent at the Trial
they call'd it) for the Tryal of the late of his late Majeſty ſeveral Days: Among
King fome Days; that is to ſay, either the reſt of the Perfons that fate in the
upon the 22d or 23d Day of Jan. 1648. Court as Judges, I ſaw the Priſoner at
but particularly upon the 27th Day of the Bir ; and particularly upon the Day
that Month in the ſaid Year, when the of the Sentence, the 27th of Jan. 1648.
Sentence of Death was pronounced the Court ſtood up unanimouſly as affent-
ing.
Councilo
upon his Tomb
The TRYAL of the REGICIDE S. 73
him.]
Council. Shew him the Warrant for Council. Where did he ſay this?
Execution.
Sir Th. Bid. In the Parliament-
Mr. Kirke. This is his Hand.
Houſe.
Council. Have you ſeen his Hand Colonel Copley, Eig; ſworn.
often?
Council. Pray, Mr. Copley, rell iny
Mr. Kirke. Yes, Sir; and am well Lords what you know of this Buſineſs.
acquainted with it.
Mr. Cop. My Lord, I was one of the
George Farrington ſworn.
Secluded Members; when we were ciella
Council. Shew Mr. Farrington the ed to fit in the Houſe again, the Pri-
Warrant: Do you know that to be Mr. foner at the Bar, Mr. Thomas Scot, (and
Scot's Hand-writing?
I think it was the laſt Day we fate) there
Far. I did not ſee him write it ; but being ſome ſpeaking of the horridneſs
I do verily believe it to be his: I have of the Fact, he made a long harangue
often feen his Hand-writing.
about that horrid Act; and he faid, He
Council. Mr. Nutley, Do you know hoped he should never repent of it; and
Mr. Scor's Hand-writing? Is that Mr. deſired that when he died, it might be
Scor's Writing? [The Warrant fewn written upon his Tomb-ſtone, Here lies
Thomas Scot, who adjudged to D:ath the
Mr. Nutley. I do verily believe it late King.
is.
Council. We have done with our Evi-
Council. Have you been acquainted dence.
with the writing of his Name?
Court. Sir Theophilus Biddolph, When
Mr. Nutley. I have ſeen him write
was it you heard him fpeak thoſe
his Name, and do verily believe it to be Words?
his Hand.
Sir Th. Bid. To my beſt Remem-
Council, Clerk, Read the Warrant. brance, it was in Richard's Parliament;
He read it accordingly.
it was about January or February was
Council. That which remains of our Twelve-month.
Evidence, is to prove his boaſting of Council. Were not you a Member
this Villany: We ſhall deſire you to hear for the City of London in that Parlia-
Sir Theophilus Biddolph.
ment?
Sir Theophilus Biddolph ſworn.
Sir Tb. Bid. Yes.
Council, Pray tell my Lords and the Council. Mr. Copley, When was it that
Jury, what you have heard the Priſoner
you heard it?
tay touching this Buſineſs of putting the Mr. Cop. It was in April laſt.
King to Death.
Mr. Soll. Gen. It was a fettled Per.
Sir Tb. Bid. I did hear him confefs, ſuaſion of his Heart; and he thought it
that he did ſit as one of the Judges of fit to be gloried in.
the late King; anú that he was to far The Lord Mayor EleEt
" ſworn.
from repenting of the Act, that lie did Ccuncil. Pray, my Lord, tell my
deſire when he died, that a Tomb-ſtone Lords what you know concerning the
might be laid over him with this Inſcrip- Priſoner at the Bar.
tion: Here lies Thomas Scot, wobo ad Lord M. Elečt. My Lords, I was ore
judged to Death the late King.
of thefe Secluded Members that were re-
19
T.
turned
ha
3
5
74
The TRYAL of the REGICIDE s.
turned again a little before the Coming L. M. Ele&t. My Lords, the Conclu.
in of his Majeſty. Upon the laſt Day ſion of his Speech endeth thus ; Being
of our Sitting, Mr. Scot, ſeeing the it is your Pleaſure to have it ſo, (the
Houſe muſt break, faid, There Heads Houſe diſolved,) I know not how to
muſt be laid to the Block, if there were a binder it; but when that is done I know
new Parliament; for, ſaid you, (look not where to hide this hated Head of
ing on Mr. Scot) I confeſs I had a Hand mine.
1:1 putting the King to Death; and I de Council. We deſire to hear what the
fire all the World may take notice of it; Priſoner will ſay for himſelf.
and I dijire, when I dye, it may be writ Scot. I have no Certainty from the
ten on my Tomb : I do not repent of any Witneſſes that I was there, but in a
thing I have done ; if it were to do, I wandring Way, they know not where
could do it again.
I ſate, nor my Poſture.
Mr. Soll. Gen. Do it again! He fol-
Mr. Barker ſworn.
lows his blows home.
Council. We do not, call this Witneſs
William Lenthal ſworn.
as material, for we muſt inſiſt upon it
Council. Mr. Lenthal, Pray be pleaſed quite through, that after 12 Years time
to tell my Lords and the Jury, what it is not poſſible a Witneſs ſhould re-
you do remember of any Diſcourſe of member where every particular Perſon
Mr. Tb. Scot, (the Priſoner at the Bar) fate. Pray hear this Witneſs.
tending to the glorying in this Act, Mr. Barker. I do perfectly remember
or any thing in Juftification of that that Mr. Scot fate two Rows above Mr.
Act.
Bradſhaw on his Left Hand, in that
Mr. Lenth. My Lords, the laſt Day, which they called the High Court of
it was the laſt Inſtant of Time, we were Juſtice.
reſolving of breaking the Houſe, there Scot. As to the Warrant you ſpeak of,
was ſome Oppoſition in it, not very I know not what it ſignifies; I deſire to
much; the general Conſent of the know what the Nature of it is.
Houſe was to diffolve it: I muſt confeſs, Council. The Warrant hath been read,
at that time I did hear Mr. Scot much it is not produced againſt him as a Re-
juſtify that Act of the Death of the King, cord, for then it needed not be proved :
(which truly I was much offended at,) I But it is produced againſt him as an Evi-
confeſs to you upon Oath touching his dence in writing under his own Hand,
Speech of the Inſcription upon his Tomb, that he was confenting to the Death of
I did not hear that : Juſtifying the Death
the King:
of the King he made a a long harangue Scot. They may very much miſtake
about, and he fate at the upper End of my Hand; you ſpeak of Words that I
the Gallery ; but theſe Words, Of ha ſhould utter in Parlianient, I do humbly
ving it written upon his Tomb, and to inſiſt upon it, that I am not to anſwer,
have all ibe World take Notice of it, I do nor they alledge, any Thing of that na-
not remember.
ture : It is a high Breach of Privi-
Council. My Lords, my Lord Mayor lege.
Eleit onnitted fomething ; pray let him Council. There is no Privilege of
ſpeak to it.
Parliament-for Treaſon. Firſt, fonie of
the
The TRYAL of the REGICIDE S.
75
prove that.
the Words were ſpoken in Richard's criminally for ſpeaking thoſe Words
Parliament, and that you do not own that have been teſtified againſt you, but
to be a Parliament; then another Thing for Compaſſing and Imagining the King's
(a known Rule in Law) there is no Pri Death, of which there are other Evi-
vilege of Parliament for Treaſon. dences, and this but an Evidence to
Scot. I have heard the Rule, but do
not ſo well underſtand it, of that ſpoken Scot. My Lord, I never did ſay theſe
in Richard's Parliament: It will be a Words with that Aggravation which is
nice Thing for me to diſtinguiſh be put upon them; I have a great deal of
tween that and another Parliament ; but hard Meaſure ; as to ſay, I hope I fall
this I think, that Convention of the never repent, I take God to witneſs I
People ought to have the Privilege of have often, becauſe it was ſpoken well
the Parliament as well as any other. I of by ſome, and ill by others, I have
humbly conceive it was Teſtimony ought by Prayers and Tears often fought the
not to be given to you ; whatever I ſay Lord, that if there were Iniquity in it,
in Parliament, the Privilege extends to he would ſhew it me: I do affirm I did
no more than this, that I may be law .
not ſay ſo.
fully ſecured till the Parliament hath been Mr. Baker. My Lord, I omitted
acquainted with it, but not finally con ſomething, which was this; I had oc .
cluded till the Parliament have heard it. caſion to ſpeak with Mr. Scot, whilft
L. C. Bar. You are indicted for Com Richard's Parliament was ſitting, and
paſſing and Imagining the Death of the among other Diſcourſe, inſiſting upon
King: I would have you underſtand, ſome Things that Richard had done,
that in cafe a Min ſhould commit an faith he, I have cut off one Tyrant's Heai,
Act of Treaſon, be it in what Place fo and I hope to cut off another'.
ever, there is no Place of Sanctuary for Scot. My Lord, this is but a ſingle
Treaſon. In Caſe of Felony, if a Man Witneſs,
be indicted for Felony in the Parliament Mr. Soll. Gen. I ſuppoſe he means
Houſe, during the Time of Parliament, Richard, for he was a Tyrant.
this is not to be tried in Parliament, but L.C. Bar. Speak on, Mr. Scot, wlaat-
according to the Rule of Common-Law; ever you have to ſay.
fo in Care of Treaſon, the Houſe of Scut. If that be laid aſide as an Imus
Commons in Parliament doth not try pertinency, I have the leſs to fuy.
Treaſon : That Diſtinction which you L. C. Bar. The next Thing you have
make is nothing
to do, is to anfwer the Fact, whether
Scot. I humbly conceive there is ſuch you did it, or did it not.
a Privilege, that no Man ſhall ever be Scot. I ſay this, whatever I did, ba
called to Account for any Thing ſpoken it more or leis, I did it by the Command
in Parliament; if he be not called to AC and Authority of a Parliamentary Power;
count by the Houſe before any other I did fit as one of the Judges of the King,
Member be ſuffered to ſpeak.
and that doth juſtify me; whatever the
L. C. Bar. That is, the Houſe will not Nature of the Fact was.
determine ; but that doth not extend to L. C. Bar. We have had theſe Things
your Cafe; you are not charged here alledged before us again and again : Tn
4
Courg
76 The TRYAL of the REGICIDE S.
or no.
Court are clearly ſatisfied in themſelves, clare, whether it were a Parliameni
that this Act could not be done by any
Parliamentary Power whatſoever. I muſt L. C. Bar. That was objected too;
tell you what hath been delivered, that and we muſt acquaint you, That firſt of
there is no Power on Earth that hath all, it is no Derogation to Parliaments,
any Coercive Power over the King, nei that what is a Statute, or not a Statute,
ther ſingle Perſons, nor a Community; ſhould be adjudged by the common
neither the People Collectively, nor Re Laws, We have often brought it into
preſentatively. In the next Place, that Queſtion, Whether ſuch and ſuch a
which you offer to be done as by Autho. Thing was an Act of Parliament, or not;
rity of Parliament, it was done by a few any Man may pretend to an Authority
Members of the Houſe of Commons; of Parliament: If Forty Men ſhould
there were but 46 there at that Time; meet at Shooters-Hill, as the Little Con-
and of theſe forty-ſix, not above 26 that vention did at Weſtminſter, and ſay, We
voted it. At that Time the Houſe of do declare our felves a Parliament of Eng.
Lords was ſitting, who had rejected it ; land ; becauſe they do ſo, Shall not this
and without them there was no Parlia be judged what is a Statute, and what is
ment, there was a Force upon the Par not? It is every Day's Practice, we do
liament; there were excluded Seven judge upon it ; the Fact is ſo known to
Parts of Eight: Suppoſing you were a every Body, they did aſſume to them-
full Houſe of Commons, and that with ſelves a Royal Authority; it hath been
out Exception, there was not Authority over-ruled already ; it hath been the
enough : And it is known to you, (no Miſtake of many, the vulgar Acception
Man better that there never was a Houſe of the Word Parliament. A Parliament
of Commons before this Time, that this conſiſts of the King, Lords, and Com-
foul Act was made for erecting that High mons: It is not the Houſe of Commons
Court of Juſtice, (as you call it) aſſumed alone, and ſo it is not by Authority of
that Authority of making a Law: You Parliament: It is not, unleſs it be by
cannot pretend to act by Authority of that Authority which makes up the Par-
Parliament; and becauſe you would ex liament. You cannot give one Inſtance,
cuſe it, you did it by Authority of Par that ever the Houſe of Commons did
liament, whether it were good or no. affume the King's Authority.
If any Man do that which is unlawful Scot. I can many, where there was
by an unlawful Authority, the aſſuming nothing but a Houſe of Commons.
to do it by that Authority is an Aggra Court. When was that?
vation, not an Extenuation of the Fact: Siot. In the Saxons Time.
It was over-suled; I think my Lords Court. You ſay it was in the Saxons
will tell you, That they do not allow of Time ; you do not come to any Time
that Authority at all, either to be for within 600 Years: You ſpeak of thoſe
Juſtification or Plea.
Times wherein Things were cbfcure.
Scot. My Lords, I humbly pray Scot. I know not but that it might be
leave to ſay, that without Odence to the as lawful for them to make Laws as this
Court, (every Perſon whereof I honour) late Parliament, being called by the
this Court hach not Cognizance to de- Keepers of the Liberties of England:
My
tore
1
The TRYAL of the RBGICIDE S. 77
My Lords, I have no Seditious Deſign, vernment, which is the higheſt Treaſon
but to ſubmit to the Providence of next to the murthering of the King, in
God.
the World, to ſubvert the Laws, and to
Court. This is notorious to every Man: make a few of the Commons, nay, if
This we have already heard and over they had been the whole, to make them
ruled.
to have the Legiſlative Power. Mr. Scot,
L. Finch. That that I hope is, That if you have any Thing in Extenuation of
Mr. Scot will contradict that which he the Fact we ſhall hear you, further we
hath ſaid before ; that is, that he hopes cannot.
he ſhould not repent. I hope he doth L. Finch. If you ſpeak to this purpoſe
deſire to repent. Mr. Scot, for this we again, for my Part I will profeſs myſelf,
muft over-rule it, as we have done be. I dare not hear further of it ; it is ſo
fore; there is nothing at all to be pleaded Poiſonous Blafpheinous a Doctrine, con-
to the Juriſdiction ; and this Point hath trary to the Laws. If you go upon this
been determined before.
Point, I ſhall (and I hope my Lords
Scot. The Parliament, in former will be of that Opinion too) deſire the
Times, conſiſted not ſo much of King, Jury may be directed.
Lords, and Commons, but King and Scot. I thought, my Lord, you would
Parliament. In the Beginning of the rather be my Council; it is not iny
Parliament in 1641, the Biſhops were one ſingle Opinion, I am not alone in this
of the Three Eſtates ; if it be not pro- Cafe, therefore I think I may juſtify my
perly to be called a Parliament, a Legi- felf in it: It was the Judgment of many
Native Power, though it be not a Parlic of the ſecluded Members to own us to be
ament, it is binding: If two Eſtates a Parliament.
may take away the Third, if the Second Lord Anneſley. What you ſaid laſt,
do not continue to execute their Truſt, doth occaſion my Riſing: You ſeem to
he that is in Occupancy may have a Title deliver my Opinion, who you know
to the whole : I do afirm I have a could never agree to what you have al-
Parliamentary Authority, a Legiſlative ledged. Truly, I have been heartily
Power to juſtify me.
forry to hear the Defence you have made
L. C. Bar. Mr. Scot, what you ſpeak to Day; becauſe you know I have had
concerning the Lords Spiritual is nothing Letters from you of another Nature.
to your Cafe; be it either one Way or I was very confident to have heard
other, it was done by an Act of Parlia you an humble Penitent this Day, in-
ment, with Conſent of the King, Lords, ſtead of juſtifying yourſelf. As to that
and Commons; though you will bring which you ſay of the Secluded Members
it down to make theſe Commons have a owning you to be a Parliament, they
Legiſlative Power, I told you it was are ſo far from it, that you know for
over-ruled before. We have ſuffered how many Years they lay under Suffer-
you to expatiate into that which was a ings and Obſcurity, becauſe they could
Thing not intended by many of my not acknowledge that an Authority,
Lords, that you ſhould have any ſuch which was not ſo. You cannot forget
Power to expatiate into that which is no the Declaration of both Houſes, that
thing but indeed to make a new Go was publiſhed upon a Jealouſy that the
U
People
20
78 The TRIAL of the REGICID E s.
&
People had; they would change the Go to God and the Kingdom, if we had
verninent of King, Lords, and Con not then appeared in Parliament to
mons, it was far from their Thoughts; have diſolved that Parliament; and ſo
it was called in that Declaracion, A Black by our joint Affent put an End to all
Scandal caſt upon them: This Declaration, your Pretences; which if we had not
you know, was by Order of both Houſes done, we had not fo foon come to our
affixed in all Churches of England, that Happineſs, nor you to your Miſeries.
People might take Notice what they L. C. Bar. The Court hath told
you
held to be the Fundamental Govern- before their Opinions in the Thing, and
ment of this Kingdom, King, Lords, no further Debate is to be allowed in
and Commons : After this, for you to this; the Juftification of it doth con-
fet up another Governments and under prehend Treaſon; we ourſelves are not
them, to act ſuch Things that one would by Law to allow the Hearing of it. If
think ſhould hardly enter into the Heart you have nothing to ſay for yourſelf, I
of any Man. You know very well all muſt give Direction to the Jury. .
along, they declared themſelves faithful Scot. I humbly crave Leave to move
Subjects to the King, and ſo would have the Jury, that they bethink themſelves,
lived and died; and you might have and confider of it rather as a ſpecial Ver-
had your Share of the Happineſs of that dict, than of a definitive One; I think
Peace, if you could have had an Incli- there is Cauſe of a Special Verdict.
nation to ſubmit to that which both Court. If there was need of a Special
Houſes had reſolved, when you and o Verdict, (we are upon our Oaths,) I
thers could not bring your Hearts to fhould give Direction to the Jury.
ſtoop to your Fellow. Subjects, when What we do, we do upon our Oaths,
you could not ſubmit to that equal Rule and muſt anſwer it before God Almighty.
to take your Share with them. When The Court hath delivered their Opinions
Pride carried ſome ſo high, then was before ; that in this Cafe, the pretended
the beginning of your Fall and others; Authority under which
Authority under which you derive that
and none could expect other than what Power which you did execure, that ic is
is now come to paſs, that they ſhould no Authority, it is void in Law, it is a
come to the Shame and Sorrow that this Foundation (if it were true) of fubvert-
Day hath brought upon you: I could ing all Liws, and indeed, of all Reli-
have wiſhed to have heard nothing but gion, a Power that you affumed to your
an humble Confeffion of the Faule that felves of Judging and Condemning your
hath been clearly proved, and no juſti. King, that you would countenance ſuch
fication of it: You have ſworn, among an Authority is a great Aggravation of
others, to preſerve the Laws and People the Fault. They are Judges whether
of the Kingdom; but you drove away you did Imagine or Compals the King's
not only the Houſe of Lords, but moſt Death, that is all the Jurors have to do.
of the Commons, and then to give the Gentlemen of the Jury
Name of a Parliament to the Remainder, Scot. I would know what particular
this is a great Aggravation of your Trea Law I have tranſgreſſed in this Thing.
for. I think we of the Secluded Memi. Court. The Law of God and Man,
bers could not have diſcharged our Duty 25. Edw. III.
Scor.
-
The TRYAL of the REGICIDE 8.
79
ment.
tute.
å
Scot. I humbly conceive that reaches Scot. I may do it in Arreſt of Judg-
not to this Cafe.
.
Court. To ſatisfy you in that, the very L. C. Bar. Mr. Scot, for that of the
Words of the Statute are, If any Man King's Proclamation, if
King's Proclamation, if you be within
do Compaſs or Imagine the King's Death the Benefit and Compaſs of it, according
it is Treaſon: The Indictment is, That to his Royal Word and Honour in it,
you did imagine and compaſs the Death you will have the Benefit of it; but it is
of the King; if the Fact be proved not a Plea in Law, but it mult be a
againſt you, you are within the Sta: Pardon under Seal; whatſoever concerns
that Proclamation will be conſidered,
Scot. You will not fay the King ſhall it is nothing to the Matter whereupon
be a Traytor if he ſhall Compaſs the the Jury are to go.
Death of the Queen.
L. C. Bar. Gentlemen of the Jury,
Court. The Queen is a Subject. you
ſee the Priſoner, Taomas Scot, itands
Scot. I am not yet convinced. indicted for Compaſſing and Imagining
L.. C. Bar. Gentlemen of the Jury. the Death of our dread Sovereign King
Scot. I do plead and claim, that I am Charles the Firſt, of moſt Glorious and
within the Compaſs of ſeveral Pardons, Bleffed Memory: He is indicted for
and deſire Council in that Particular; I Compaſſing and Imagining his Death,
do come within the Compaſs of his Ma. there is the Treaſon; and what is ſet
jeſty's Pardon.
afrerwards in this Indictment is only
L. C. Bar. If you had not gone on to to manifeſt this Compaſſing and Imagi-
Matter of Juſtification you might have ning, becauſe that being in the Heart
been more heard to this of Pardon ; but alone, without ſome Overt-Act no Body
after a Juſtification, then to come to a can prove it: There are feveral Overt
Pardon, which implies a Confeflion of Acts laid in the Indictment: One is, A
Guilt, they are contradictory; I muſt traiterous Confulting and Meeting to-
tell
you, we are now upon Point of Law; gether how to put the King to Death:
that Proclamation I doubt not but his Then a Sitting upon the King as a Pri-
Majeſty will inviolably make good; but foner, being before them, about his Life
we are not to judge of that, it is nothing and Death. The Third is Sentencing
to a Legal Proceeding: You are now in to Death; that which followed, is,
a Court of Law, it is not to be pleaded That he was Murthered. Ifany of theſe
in a Court of Law; the King's Pardon Acts ſhould be proved, the Indictment
in Law muſt be under his Broad Seal: is proved : For the Proof, there are ſe-
How far you are under that Proclama- veral Witneſſes have fully proved that
tion Care will be taken, and what is he did fit there ſeveral Times' ; particu-
ficting to be done, will be done ; but it larly upon Jan. 27. which was the Day
is nothing in the Matter of the Charge of the Sentence ; that he did fit there
to this Jury.
all of them agree to that; it is true, as
Scot. I deſire Council touching the to the Circumſtance where he face, one
Statute 23 Edw. III.
Gentlenien faich he fate in the Second
Court. You ſhould have done it before Row, on the left Hand of Brad/baw ;
you had confeffed the Fact.
you will remember it is Twelve Years
ago i
2
8 •
The TRY AL of the ReGICI D es.
5
G
. Sebabne Some Band Gregory
0
ago; how any Man upon the View, and Clerk. Look to him, Keeper.
after ſo long a Diſtance of Time, ſhould Clerk. You ſay the Priſoner is Guil-
be able to remember in what Poſture ty, &c. and ſo you ſay all.
one Man was from the reſt ; I think
Jury. Yes.
neither you nor I can remember: Here Clerk: Set Mr. Scot a fide.
is one proved to you, that he did Sign
that Warrant for executing the King:
He faith, How can another know bis
幾​紫​紫
​Hland ? You ſee what the Witneſſes ſay,
they knew it; a Man can prove nothing Clerk.
ET
more of another Man's Hand than that,
unleſs they fee it written ; there is no-
Which was done accordingly.
thing to put upon you but his Words:
You ſee what Words are aggravated preferred his Petition to the Court.
Thereupon the ſaid Gregory Clement
againſt Mr. Scot; whereas he faith, it
IndiEtment read againſt them both.
is a Breach of the Privileges of Parlia-
Lord Chief Baron. If you do confeſs
ment; if it were ſo, it is nothing to this
Fact ; though another Man ſhould break your Offence, your Petition will be
read.
the Privileges of Parliament, it is nothing
Clem. I do, my Lord.
to you; but beſides, it is not a Breach
L. C. Bar. Mr. Clement, if you do
of the Privilege of Parliament. You
have heard the Witneſſes what they have
confeſs (that you may underſtand it)
faid againſt him. Mr. Lenthall ſwears,
you muſt, when you are called, and
when the Jury are to be charged; you
that he did ſpeak at large fully in own-
ing that Buſineſs of the King's Death ;
muſt ſay, (if you will have it go by way
of Confeſſion,) that you wave your for-
the reſt ſwear poſitively to the fame
mer Plea, and confeſs the Fact.
Effect, and that at ſeveral Times: What
Clerk. Gregory Clement, you have
was that? He gloried in it, defended it,
and ſaid, He could wiſh it were engraven
been Indicted of High-Treaſon, for
on his Tombſtone ; he hath denied this Compaſſing and Imagining the Death
that the Witneſſes have proved : That
of his late Majeſty, and you have plead-
which is left to you, is, Whether upon
ed Not Guilty ? Are you contented to
all this Matter that you have heard,
wave that Plea, and confeſs it?
whether the Priſoner at the Bar is Guilty
Clem. I do confeſs myſelf to be Guil-
of Compaſſing and Imagining the King's ty, my, Lord,
Clerk. Set him aſide.
Death ; and ſo go together After
a little Conſultation together, they ſettled
in their Places again.
Clerk. Tho. Scot, Hold up thy Hand.
Look upon the Priſoner at the Bar ;
how fay you, is he Guilty of the Trea: Clerk. OHN Jones, Hold up thy
fon whereof he ſtands Indicted, or not
Hand.' Theſe Men that
guilty?
were lait called, &c. if you will chal-
Jury. Guilty.
lenge all, or any of them, you muſt
XY
JE
2
chal
The TRYAL of the REGICIDE S. 81
challenge them when they come to the Symp. I did ſee Mr. Jones ſit divers
Book, and before they are ſworn. Times, both there and in the Painted
Zones. I confeſs I fate amongſt them Chamber.
ſome Days, but not maliciouſly contri Jones. I do confeſs I fate divers
ved the Death of the King.
Times.
Council. He is troubled at the Form, Council. Did he fit the Day of Sen-
he confeffeth the Matter, that he was
tence
there ſitting in the High Court of Juſtice. Syın. I cannot ſay it.
If he will not confeſs it, he knows we Council. Mr. Clark, you hear the
can prove his Hand and Seal to the Queſtion, pray anſwer my Lord.
bloody Warrant. He is troubled that Clark. My Lord, and Gentlemen of
he is faid to have Traiterouſly and Ma- the Jury, I was there the 27th of
liciouſly contrived the King's Death: Jan. 1648. I ſaw Col. Jones there le-
He that doth theſe Acts towards it, is veral Days before, but I did not ſee him
by Law reſponſible as to the Malice. that Day; his Name was called, but I
Jury Sworn.
do not know whether he was preſent.
Sir Tho; Allen, Sir Henry Wroth, Sir Council. Mr. Carr, did you ſee him
Jer. Whichcott, James Hawley, Henry fit on the 27th Day, which was the Day
Mildmay, Chriſt. Abdy, Nich. Raynton, of Sentence?
Richard Cheney, Tho. Bide, Charles Pit Carr. My Lords, he anſwered to his
field, Abraham Scudamore, Pickerne. Name ſome Days; I am not able to tell
In all 12.
what Day.
Clerk. Crier, make a Proclamation.
Mr. Nutley ſworn,
Crier. If any Man can inform, &c. Council. Can you tell whether the
Clerk. John Jones, Hold up thy Priſoner at the Bar was preſent in that
Hand. Look upon the Priſoner, &c. which they called the High Court of
Mr. Soll. Gen. My Lords and Gen- Juſtice ?
tlemen of the Jury, I muſt open to you,
Nutley. The Priſoner at the Bar was
as to other Juries, that the ſhort Point ſeveral Times in the Court which was
of this long Indictment is but this, that called the High Court of Juſtice ; truly,
the Priſoner at the Bar did Imagine and I cannot ſay whether he was there the
Compaſs the Death of the King, which 27th Day, the Day of the Sentence.
is
your
Iffue to try.
We ſhall prove it (The Warrant for fummoning the Court
by thoſe Overt-Acts which the Law
being Jewed.]
doth require. To prove the Sitting, Council. Is that Mr. Jones's Hand
Sentencing, and Signing the Warrant (the Priſoner at the Bar) ſet to that
for Execution by the Priſoner at the Warrant?
Bar.
Nutley. I have been acquainted with
Council. Call Mr. Clark, and Mr. his Hand, I do believe it is.
Carr, and Holl. Sympſon, who were [The Warrant for Execution was alfo
fworn.
Jewed.]
Mr. Sympſon, did you ſee the Priſo . Counc. Is that the ſame Hand-writing?
ner at the Bar ſitting in that which they Nutley. Yes, I believe it is: He hath
called the High Court of Juſtice ? written ſeveral Letters to me.
x
Mr.
:
21
82 The TRY A L of the R EGICID E 3.
Mr. Harilib ſworn.
whole Subſtance is, Whether he did
Court. Mr. Hartlib, do you know Compaſs and Imagine the King's Deach.
Mr. Jones's Hand ?
If any one of theſe Particulars that are
Hart. I never did ſee him write, but alledged for the Overt-Acts be proved,
I have ſeen ſeveral Letters out of Ire. you are to find the Indictment. He
land, and other Papers which have been hath confeſſed very ingenuouſly, That
ſuppoſed to be his Hand-writing: This he did fit upon the King, that he did
ſeems to be like that which was reputed ſit in that Court; and ſo there is an
to be his Hand.
Overt-Act proved ; if nothing elſe, you
Council. Mr. Clerk, do you know ought to find him Guilty of this Treaſon.
Mr. Jones's Hand-writing?
There is farther Evidence (though not
Clerk. I have ſeen ſeveral Letters of any Evidence of his ſitting the laſt Day
Col. Jones; and theſe are like his Hand- of the Sentence) you have had three
writing; I do believe they are his Hand- comparing Similitudes of Hands to prove
writing.
that he did ſign that Sentence, that hor-
[Mr. Jones looks upon them both, and con rid liſtrument, whereby the King was
feſſes they are like bis Hand-writing.) order'd to be put to Death ; one of them
Council. We have given ourEvidence: having received Letters from Ireland,
What do you ſay for your ſelf before the and others. acquainted with his Hand,
Charge be given to the Jury?
ſay, that it is like his Hand; he hath
Jones. I have little to ſay ; your ſo confeſſed the Likeneſs of his Hand,
Lordſhips have already heard what is to but he faith he doth not remember he
be ſaid in this Caſe; I have nothing to ſigned it.
ſigned it. As to you of the Jury, there
fay to the Point; I am not fit to plead is no more to be conſider'd ; if any one
any Thing, eſpecially in Matter of Law; of the Acts do appear true to you, that
I muſt wholly put my ſelf upon the is ſufficient to find him guilty, (though
Lord, and this Honourable Court and he were not guilty of all ;) but that he
Jury.
did Compaſs and Imagine the King's
L. C. Bar. Gentlemen of the Jury, Death is clear, in ſitting and ſigning
here is this Priſoner, John Jones, ſtands the Warrant; for the other,
indicted, for that he, with others, did you ſhall find that he did ſentence the
Compaſs and Imagine the King's Death, King, that muſt be left to you. What-
that is the Subſtance of the Indictment. foever it is, ſtill it is the ſame ;
The Indictment ſets forth ſeveral Acts, one be proved, you ought to find him
each proving the Compaſſing and Ima- guilty of the Indictment, which is the
gining the King's Death: One of them Compaſſing and Imagining the King's
is, that he did conſult and meet toge Death. I think you need not ſtir from
sher, propound how the King ſhould the Bar, for he hath confeſſed it.
be put to Death: The ſecond is, they The Jury went together, and after
did affume a Power to judge the King: a litile Conſultation returned to
The third is, that they did actually ſit
their Places.
upon him: And the laſt of them is, Clerk. Are you agreed of your Ver-
that they Sentenced the King; and af- dict?
terwards the King was murthered. The Jury. Yes,
Clerk
if any.
The TRYAL of the REGICIDE 3.
83
Clerk. Who ſhall ſay for you? with the former, What canſt thou
Jury. Our Foreman.
ſay? &C.
Clerk. John Jones, Hold up thy Scot. I Mall only ſay, I do caſt my
Hand. Look upon the Priſoner at the ſelf upon his Majeſty, and pray Mercy.
Bar. How ſay ye? Is he guilty, &c.? Clerk. John Jones, Hold up thy
Foreman. Guilty.
Hand.. Thou art in the like.Condition
Clerk. You ſay the Priſoner at the with the former ; What haft thou to
Bar is guilty, &c. and ſo you ſay all ? fay? &c.
Jury. Yes.
Jones. I pray his Majeſty's Clemency.
Clerk. Set all that have been tried Clerk. George Clement, Hold up thy
this Day to the Bar.
Hand. Thou ſtandeſt Indicted of High
L. C Bar. Mr. Scot, I muſt ſpeak a Treaſon, and thereupon haft pleaded
word to you: You made mention of the Guilty; What canſt thou ſay? &c.
King's Proclamation for Pardon, and Clem. I pray Mercy from the King.
you did deſire the Benefit of it: As I L. C.Bar. You that are Priſoners at
told you before, ſo now again, that it the Bar, Ye ſee the Sentence of Death
was not proper for us upon that Procla- is to paſs againſt you; and for ought
mation to give any Allowance by way you know, or we know yet, may be
of Plea, becauſe the Pardon ought to be nearer than you are aware; how ſoon it
under the Broad Seal; but God forbid will be executed we know not. When
but juſt and due Conſideration ſhould be you have reflected upon your own Con-
had of it with Honour, ſo far as you ſciences, many of you could not chule
are comprehended within it; though but look there, and ſee, as in a Glaſs.
Judgment ſhall paſs, no Warrant for the Foulneſs of this horrid Ofence : It
Execution ſhall go out againſt you, till is the Murder of our moſt Gracious Sove..
Conſideration be had, how far you are reign King Charles the Firſt of Bleſſed.
within the Compaſs of that Proclamation; Memory ; a Prince whom we (ſuch of
and the like to you, Mr. Scroop. us as had the Honour perſonally to at-
Clerk. Adrian Scroop, Hold up thy tend him) knew was of ſuch Parts and
Hand. Thou haft been Indicted of Virtues, if he had been a private Man
High Treaſon, and haſt thereof been more could not have been deſired; truly,
found guilty: What canſt thou ſay for what he did as a King, his Clemency,
thyſelf, why Judgment ſhould not paſs how it appeared at firſt in this Prince's
for thee to dye according to Law? Time: If you look what Peace and
Scroop. I do humbly ſubmit to his Proſperity we enjoyed in his Days, you
Majeſty's Mercy.
will not find it in other King's Times :
Clerk. John Carew, Hold up thy you had not a Nobleman put to Deatlı
Hand. Thou art in the like Condition fave one, and that for an Offence which
with the former; What canſt thou muſt not be named. A Prince that had
fay? &c.
granted ſo much : You may remember
Carew. I commit my Cauſe unto the what was granted before the Beginning
Lord.
of this War; Grievances complained of,
Clerk. Thomas Scot, Hold up thy Star-Chamber, High Commiſſion Court, ,
Hand, Thou art in the ſame Condition Ship-money, the Claim of Stannery,
&c.
5
84 The TR Y AL of the ReGICIDE S.
:
&c. all theſe were taken away. What wilfully: Others might do it by a miſ.
Concellions he made after in the Iſle of guided Conſcience ; there is a Spiritual
Wight; how much he wooed and court Pride; Men may over-run themſelves
ed the People for Peace. I urge this by their own Holineſs, and they may
unto you, only that you would lay it to go by pretended Revelations: Men may
your Hearts, that you would conſider ſay I have prayed about ſuch a thing, Í
what it is to kill a King, and to kill ſuch do not ſpeak it with Reproach to any ;
a King. If any of you ſhall ſay, that if a Man ſhould commit a Robbery, or
we had no Hand in the actual Murther
Murther, merely becauſe he will, and
of the King, remember that they that should come and ſay, I have prayed
brought him to the Bar were all one as againſt it, and cannot underſtand it to
if they had brought him to the Block ; be a Sin; as one in Shropſhire did, and
as St. Paul confeſſed, though he held yet notwithſtanding killed his own Fa-
but the Cloaths, he killed the Martyr ther and Mother. Try your own Spirits;
Stephen. You are ſhortly to appear be you muſt not think that every Fancy and
fore God's Tribunal; and I beſeech Imagination is Conſcience: Men may
God Almighty, that he will give you, have a ſtrange Fancy and Preſumption,
and us all, thoſe Hearts, that we may and that they may call Conſcience.
look into ourſelves; no Fig-leaves will Take heed, there is a Spiritual Pride;
ſerve the turn ; whatſoever you have the Devil doth many times appear like
ſaid now as Priſoners, or been allowed an Angel of Light: Do not reft upon
to ſay for your own Preſervation in Point felf-Confidence ; examine your Hearts,
of Fact ; 110twithſtanding it will not conſider the Fact by the Word of God;
ſerve before God Almighty: All Things that is the Rule, the Law is to be ap-
are naked before him. Lay it to your plied to it, Ecclef. 8. Where the Word
Hearts; God Almighty, though you of a King is, there is Power ; and who
have committed theſe foul and horrid can ſay unto him, What doeſt tbou?
Sins, yet he can pardon you, as he par That is to ſhew the Power of Kings in
doned that Murther of David. I ſpeak Scripture. Remember withal that of
it to you, that you may lay it to your David in Pſalm 51. that Penitential
Hearts: I am heartily forry, in reſpect Pfalm, when he had committed that
you are Perſons of great Civility, and horrid Sin againſt Uriah; remember
(thoſe that I know) of very good Parts ; what he ſaid, being a King, Tibi foli
and this I muſt ſay, That you will.con- peccavi, Againſt thee only have I finned;
ſider with yourſelves, if any of you have truly, it being in ſuch a Caſe, I ſpeak
been led away, though it were with his it as before God Almighty, according
own Conſcience; if any of you did it, to my Duty and Conſcience, I wiſh
as you conceived in .Conſcience; re moſt heartily as to your Perſons: I pray
member that our Saviour faith, The God to give you that Grace that you
time ſhall come when they will perſecute may ſeriouſly conſider it, and lay it to
you, and kill you, and think they do Gud Heart, and to have Mercy upon you,
good Service. I have the Judgment of and to forgive you ; and this is all that
Charity'; poſſibly ſome of you did it in I have to ſay : And now not I, but the
this Kind, and this is leſs than doing it Sentence of the Law, the Judgment
4
which
}
The TRYAL of the REGICIDE S.
8.5
A
and Paper.
which I have to give againſt you is this: thereupon I have not challenged any.
You Priſoners at the Bar, the Judgment L. C. Bar. Sir, the Officer reads
of the Court is, and the Court doth award, their Names out of his Papers; I ſuppoſe
that you be led back, &c. and the Lord he doth not pick and chuſe them; I
have Mercy on your Souls.
would not have him; and I am ſure lie
Clerk. Cryer, Make Proclamation. will not do you any Wrong in that Par-
Cryer. O Yes, &c. All manner of ticular,
Perſons, &c. Jurors and Witneſſes, to Cook. My Lord, I am fatisfied.
appear to Morrow Morning at Seven of Clerk. If any Man can inform, &c.
the Clock at this place; ſo God ſave his Clerk. John Cook, Hold up thy
Majeſty.
Hand.
Cook. My Lords, I deſire Pen, Ink
con
L. C. Bar. Give it him.
Clerk. John Cook, Hold up thy
Seſſions - Houſe, Old-Baily, Hand: You that are ſworn, look upon
the Priſoner ; you ſhall underſtand, &c.
Oktob. 14. 1660. The Court (Here the Indiétment was read as before.)
being aſſembled, Proclama-
Mr. Soll. Gen. May it pleaſe your
tion was made.
Lordſhips, and you Gentlemen that are
ſworn of this Jury; the Priſoner at the
Bar ſtands Indicted for High Treaſon,
Clerk of the Court. ET Cook, Peters, for Compaſſing and Imagining the Death
Hacker, and Ax of the late King of Bleſſed Meinory.
tel, to the Bar. They being brought, The Indictment ſets forth, That he,
the Keeper was afterwards order'd to together with others, did aſſemble at
take back all, except Mr. Cook.
Wejtminſter-Hall; and ſets forth many
Clerk. John Cook, Hold up thy other Particulars, of Sitting, Senten-
Hand, C.
cing, and of the conſequent Death and
Jury. Sir J. Whitchcot, James Har Murder of the King. The Matter and
ley, 70. Nichol of Hendon, Tho. Nichol, Charge of the Indictment is, for Com-
F. Thorn, Edw. Wilford, Will. Gumble- paſſing and Imagining the Death of the
ton, 70. Shelbary, Tho. Jenney, Tho. King; the reſt of the Circumſtances of
Willet, Sir H. Wroth, Richard Cheney, the Indictment are but alledged as
of the Jury called and ſworn.
Overt-Acts to prove the Imagination,
Mr. Cook. May it pleaſe your Lord which only is the Treaſon. This Priſo-
ſhip, I do not know any of theſe Perſons; ner at the Bar ſtands here Indicted for
I beſeech your Lordfhip, that in regard this Treaſon of Compaſſing and Imagi-
the Safety of my Life depends upon the ning the late King's Death. My Lord,
Indifferency of theſe Perſons, that your his Part and Portion in this Matter will
Lordſhip may demand of the Sheriff to be different from thoſe that have been
know, whether he hath not heard them tried before you ; they fate as Judges to
ſay, or any of them, that they are pre Sentence the King, and he, my Lord,
engaged: I hope they are not, and ſtood as a wicked Inſtrument of that
Y
Matter
SET
22
8
The TRYAL of the ReGICI DE S.
Matter at the Bar ; and there he doth did obſerve that there was one Price a
with his own Hand ſubſcribe and exhibit Scrivener, that was writing of a Charge;
a Charge of High Treaſon, a ſcanda I ſtood at a great Diſtance and ſaw him
lous-Libel againſt our Sovereign, to that write, and I ſaw this Gentleman, the
pretended Court, to be read againſt Priſoner at the Bar, near thereabouts
Înim, as an Accuſation in the Name of where it was writing, I think it was at
all the People of England: When he the Court of Wards. This Charge after-
had done that, he makes large Dif- wards (a Parchment Writing) I did ſee
courſes and Aggravations to prove (if in the Hands of this Gentleman, the
it had been poſſible) Innocency itſelf to Priſoner at the Bar. A very little after
be Treaſon. When he had done, he that, they called their Names; they did
would not fuffer his Majeſty to ſpeak in adjourn from the Painted Chamber into
his Defence, but ſtill took him up, and Weſtminſter-Hall, the great Hall. The
faid, that he did ſpin out Delays, and Method that they obſerved, the firſt
deſired that the Charge might be taken thing was to call the Commiſſioners by
as if he had confeffed it: He preſſed the Name in the Act; the pretended Act
Court that Judgment might be given for trying the King was read; that is,
againſt the King; he was the Man that when the Court was fat, the Com-
did demand that wicked Judgment be miſſioners were called by their Names;
fore the Court pronounced it ; and he and as I remember, they ſtood up as
was the Man that did againſt his own their Names were called : The next
Conſcience, after he had acknowledged thing, was reading the Act for the try-
that he was a Wife and Gracious King, ing his late Majeſty. After that was
yet, ſays he, That he muſt dye, and Mo- read, then this Gentleman, the Priſo.
narchy with him ;. there in truth was the ner at the Bar, preſented the Parchment
Treaſon, and the Cauſe of that fatal Writing, which was called the Impeach-
Blow that fell upon the King. This ment, or Charge againſt his Majeſty:
was his Part to carry on; how he did it Mr. Bradſhaw was then Preſident of
as a wicked Counſellor, we ſhall prove that Court, and ſo called Lord Preſt-
to you; and the Wages and Reward of dent; he commanded that the Priſoner
the Iniquity that he did receive.
ſhould be ſent for, ſaying, Serjeant
James Nutley, Sworn.
Denby, ſend for your Priſoner; thereupon
Council. Pray tell the Circumſtances the King was brought up as a Priſoner
of the Priſoner's Proceedings at Weſt- and put within a Bar: And when the
minſter-Hall, when he did exhibit a Court was filenced, and ſettled, this
Charge againſt the King.
Gentleman, the Priſoner at the Bar, did
Mr. Nutley. My Lords, the firſt deliver the Charge, the Impeachment
Day of bringing his Majeſty to his Trial, to the Court, and it was read ; the King
was Saturday, Jan. 20. 1648. Before was demanded to plead to it preſently.
they fate in publick, they that were of Here I ſhould firſt tell you, that upon
the Committee of that which they called the King's firſt coming in, there was a
the High Court of Juftice, did meet in kind of a Speech made by Mr. Bradſhaw,
the Painted Chamber, which was in the to the King, in this Manner: I think I
Forenoon of that Day. Being there, I ſhall repeat the very Words ; Charles
Stuart,
The TRYAL of the REGICIDE S.
87
Stuart, King of England, the Commons told him, Sir, faich he, you muſt at-
of England, aſſembled in Parliament, tend the Buſineſs of the Court; to that
taking Notice of the Effufion of Blood in Purpoſe you are brought hither, and
the Land, which is fixed on you, as the you muſt give a poſitive Anſwer to the
Author of it, and whereof you are Guilty; Charge: Saith the King, you will hear
have reſolved to bring you to a Trial, and me to ſpeak, I have ſomething to ſay
Judgment, and for this Cauſe, this Tri before I anſwer; after much ado, be
bunal is ereEted. There was little Reve-
was permitted to go on in the Diſcourſe
rence given to his Majeſty then, which he was in, ſo far as they pleaſed. His
I was troubled at: He added this fur- Majeſty ſaid, I was in the Iſle of Wight,
ther, That there was a Charge exhibited and there I was treated with by divers
againſt him by the Sollicitor General ;-I honourable Perſons, Lords and Com-
think this Gentleman was ſo called at mons, a Treaty of Peace between me
that Time, and he called to him to ex and my People; the Treaty was ſo far
hibit the Charge ; and this Gentleman, proceeded in, that it was near a Perfec-
the Priſoner at the Bar, did deliver an tion : Truly, ſaith he, I muſt needs ſay:
Impeachment, a Parchment Writing, they treated with me honourably, and
which was called a Charge againſt the uprightly'; and when the Buſineſs was
King at that Time, which was received come almoſt to an End, then, faith he,
and read againſt him.
was I hurried away from them hither, I
Council. Did you ever ſee the Charge? know not by what Authority; now I
(which was now Mewn to Mr. Nutley.) deſire to know by what Authority I was
Mr. Nutley. My Lords, I do be called to this place? That's the firſt Que-
lieve that this is the very Charge ; I am ſtion I ſhall aſk you, before I anſwer the
confident it is the ſame Writing : I have Charge. It was told him by Mr. Brad-
often ſeen him write, and by the Cha- jaw, the Preſident, that the Authority
racter of his Hand this is the fame. that called him hither was a lawful Au-
Council. Go on with your Story. thority; he aſked him what Authority
Mr. Nutley. My Lords, immediately it was the Second Time ; it was anſwered
upon the Delivery of this Charge of Im him by the Preſident, that it was the
peachment, which was delivered in the Authority of the Commons of England,
King's Preſence, after it was read, the aſſembled in Parliament, which he af-
King was demanded to give an Anſwer firmed then to be the Supreme Authority
to it: His Majeſty deſired to ſpeak of this Nation : The King ſaid, I do
ſomething, before he did anſwer to the not acknowledge its Authority : Autho-
pretended Impeachment ; (for ſo his rity, if taken in the beſt Senſe, it muſt
Majeſty was.pleaſed to call it) he did uſe be of Neceſity underſtood to be lawful,
Words to this purpoſe : Saith he, I do therefore I cannot affent to that; I am:
wonder for what Cauſe you do convene under a Power, but not under an Au-
me here before you : He looked about thority; and there are many unlawful
him.; faith he, I ſee no Lords here, Powers, a Power that is on the High-
where are the Lords ? Upon this, Mr. way : I think I am under a Power, but
Bradſhaw, the Preſident, for ſo he was not under an Authority; you cannot
called, did interrupt his Majeſty, and judge me by the Laws of the Land, nor
the...
.
88
The TRYAL of the REGICIDE S.
the meaneſt Subject ; I wonder you will it with Tears in my Eyes, for I had a
take the Boldneſs to Impeach me, your very good Reſpect to the Gentleman for
lawful King. To this purpoſe his Ma his Profeſſion fake, being learned there-
jeſty was pleaſed to expreſs himſelf at in: Truly, my Lord, he did anſwer
that Time, with more Words to that me thus, I acknowledge it is a very bale
Purpoſe. The King went on with fur- Buſineſs, but they put it upon me; I can.
ther Diſcourſe concerning the Juriſdic- not avoid it, you ſee they put it upon me,
.
tion of the Court. Bradſhaw, the Pre- I had ſome Diſcourſe with him concern.
fident, was pleaſed to interrupt him, ing the Oath of Allegiance ; truly he
and told him ſeveral times, that he tri was ſatisfied that this Oath was againſt
fled out the Court's Time, and he ought the Buſineſs in Queſtion; I ſaw he was
not to endure to have their Juriſdiction troubled at it.
so much as queſtioned.
Council. Can ye fpeak of the Manner
Court. Pray go on.
of calling for Judgment againſt the
Mr. Nutley. This Gentleman at the King ?
Bar, I did hear himn demand the King's Nutley. That (I have already anſwer-
Anſwer ſeveral Times; a poſitive An- ed) was ſeveral times done ; the King
(wer was required of the King; the was brought ſeveral Times to the Bar,
King often deſired to be heard, and he and at every time he was brought, he
interrupted him again and again, feve was preſſed to Anſwer whether Guilty,
ral Times; and at length it was pray'd, or Not Guilty ?
that the Charge that was exhibited againſt Court. By whom?
him might be taken pro confeſſo.
Nutley. By the Sollicitor then, the
Court. By whom?
Priſoner now at the Bar. My Lord, I
Nutley. By the Priſoner at the Bar, if remember his Majeſty was pleaſed,
fo be that he would not Anſwer. This, when he ſaw he could not be heard to
my Lords, is the Subſtance of what i the Diſcourſe that he did intend to make
have to ſay againſt him.
of the whole Buſineſs: Saith the King.
Council. Mr. Nutley, pray what Dif- if you will needs preſs me to Anſwer, I
courſe have you had at any Time with muft Demur to your Juriſdiction. My
the Priſoner at the Bar concerning Lord, the Anſwer that was given to that
this Impeachment ?
was this; Mr. Bradſhaw, their then
Nutley. Truly, my Lord, I knew Preſident, did ſay, Sir, faith he, If you
the Gentleman well, I was well ac Demurr to the Juriſdiction of this Court,
quainted with him, and for the Satisfac- I muſt let you know, that the Court
tion of my own Conſcience, (for I was doth over-rule your Demurrer; this
very tender in the Buſineſs, and ſorry he was ſaid, my Lord, and Judgment was
was engaged in it) I went to him, and preſſed very often.
did deſire him to deſiſt; I had Diſcourſe Court. By whom !
with him, (for I was then a young Nutley. By the Priſoner at the Bar,
Student in the Temple, and had a little Cook. My Lord, may I aſk him a
Knowledge in the Laws :) I deſired him Queſtion ?
'to conſider the Dangerous Conſequences Court. Yes.
of ſuch a Proceeding; I may fay, I did Cook. The firſt Queſtion is, Whether
4
the
The TRYAL of the RegicIDE S.
89
the Parchment was delivered by me Court. By whom?
unto the Court, or brought into the Nut, by this Perſon.
Court by Mr. Broughton, the Clerk. Cook. i ſaid the Judgment of the
Mr. Nutley. I do incline to believe, Court, not againſt him, I meant Judg-
my Lord, that it was brought into the ment for his Acquittal.
Court, and delivered by ſome Hand or Court. Did you ever hear him deſire
other to the Priſoner at the Bar; I do the Court, that the Charge might be
believe it was, for I do remember it was taken pro confeſso?
written by one Price; I was told that Nut. That I have ſaid, my Lord;
was his Name; that may be true ; I be- it was urged by the Priſoner at the Bar
lieve it was brought into the Court, and againſt his Majeſty, that it he would not
delivered to the Priſoner now at the Bar. plead to the Charge, that then the
Council. Bur. did he exhibit it? Matter charged in it might be taken
Nutley. Yes, my Lord.
pro confello. But, my Lord, if you
Cook. Did you ſee me ſet my Hand pleaſe to give me leave to add this one
to that Parchment?
word more, my Lord, I did hear him
Nutley. No, my Lord, but I believe fay at that time; he ſhewed me a Paper,
it to be his Hand.
that contained an Order of the Court,
Cook. Another Queſtion, Whether that did direct the very Words that he
Mr. Nutley did hear me ſay concerning ſhould uſe, when he came to deliver the
the Opinions of thoſe Gentlemen, what Charge ; whether thoſe words were in
they intended to do in that Buſineſs? the Order, I do not know.
Nutley. My Lord, I do remember Cook. Whether was I not directed by
that I had often Conference with the thoſe Gentlemen, the very Words I
Gentleman at the Bar.
ſhould ſpeak?
I deſired him to deſiſt from the Buſi Court. We are ſatisfied in that; he
neſs, conſidering the dangerous Confe- faith by an Order that you ſhewed him,
quences of it: Truly, my Lord, I do you were ſo directed. If you have any
well remember, that he did ſay, he did Thing more aſk it him.
hope they did not intend to take away
Mr. Farrington ſworn,
the King's Life: Said l, if they go Mr. Sollicitor Gen. Pray tell my Lord,
about any ſuch Thing, do you uſe your and the Jury, what was the Carriage of
utmoſt Endeavour to preſerve his Life; the Priſoner at the Bar at Weſtminſter,
faith he, I did labour to that Purpoſe, at the Place they called the High Court
but they tell me, they only intend to of Juſtice.
bring him to ſubmit to the Parliament. Fur. My Lord, I was preſent about
Cook. It is ſaid, that I demanded the 20th of Jan. 1648. at that which
Judgment of his Life: Mr. Nutley, I they called the High Court of Juſtice,
demand of you whether I uſed the and Mr. Bradſhaw ſat then as Preſident,
Words of Judgment againſt his Life, ſo much as I remember concerning the
but only I demanded their Judgment. Priſoner at the Bar, I ſhall acquaint
Nut. My Lords, for that I cannot your Lordſhip. This Gentleman at the
remember poſſibly to a Syllable, but Bar, after the reading of the Commiſſion,
Judgment was demanded.
and Directions by the Preſident, to
23
Z
bring
90 The TRYAL of the REGICI DE S.
;
you fee it?
bring his Majeſty (the Priſoner they Far. I remember that the King laid
called him) to the Bar ; the King being his Cane upon your Shoulders.
brought, after Silence made, and ſome Cook. Whether did I the firſt or the
Speeches made by the Preſident, this laſt Day demand Judgment; or that
Gentleman, the Priſoner at the Bar, ha any Thing might be taken pro Confelo?
ving then a Parchment in his Hand, the Far. The firſt Day ? No, but after
Subſtance of it was levying War againſt the firſt Day he did ſeveral Days: You
the Kingdom, he prayed that it might did the laſt Day.
be read, and excepted as a Charge, in Griffith Bodurdo, Eſq; ſworn.
Behalf of the good People of England. Council
. Sir, you heard the Queſtion,
It was accordingly read, and afterwards give an Account to my Lord, and Gen.
being demanded to anſwer, after his tlemen of the Jury, of the Carriage of
Majeſty having given ſeveral Reaſons as the Priſoner at the Bar towards his Ma-
to the Juriſdiction of the Court four jeſty, during the Time of the Trial.
Days, every Day the. Priſoner at the Mr. Bod. My Lord, I was all the
Bar demanded the Judgment of the Time that the King was brought there
Court. And if his Majeſty would not before the Court as a Priſoner; I was
anſwer to the Charge, it might be taken preſent all the Day, having a Conveni-
pro confelo.
ency out of my Houſe into a Gallery,
Council. Do you know his Hand if that was ſome part of it over that Court.
?
I do remember that the Priſoner at the
Farring. I have not ſeen his Hand a Bar (whom I never ſaw before that
long Time. Then the Impeachment was Time) did exhibit a Charge the firſt
Mewn to the Witneſs.
Day againſt the Priſoner at the Bar,
Far. Truly, Sir, this is like his which was the King, in theſe Terms,
Hand.
The Priſoner at the Bar : The Charge I
Council. Do you believe it?
heard it read then, I have not ſeen it
Far. It is very like it, I do not know ſince; the Subſtance was this: That for
poſitively.
levying War againſt the Parliament
Council
. Did you hear the Words pro and People of England, and namely, at
Confeſo?
ſuch and ſuch a Place killing of the
Far. Yes, my Lord, ſeveral Times People of England, (I think Naſeby and
after the firſt Day.
Keinton Field was named in it, and di.
Council. Did he interrupt the King vers other Places were nam'd in the
in his Difcourſe, as to ſay theſe Words, Charge,) and the Concluſion was,
That the Charge might be taken pro Con That he had done thoſe Things as a
feflo ?
Tyrant, Traitor, Murtherer, and a
Far. I do remember one Day there Públick and Implacable Enemy of the
was ſome Interruption between the King Commonwealth. But this Priſoner at the
and him ; the King laying his Cane Bar did exhibit the Charge, and the
upon his Shoulder, defiring him to for- King did then, as you have heard he
bear.
did, plead to the Juriſdiction of the
Cook. You cannot ſay, that I inter- Court.
Court. The King would fain have been
rupted his Majeſty.
heard ; but I think they did adjourn for
that
The TRIAL of the REGICIDE s.
91
that Time. The next Day he pleaded the Priſoner at the Bar upon his Shoul.
the ſame Thing ; I remember the An- der; and the Priſoner looking back
ſwer that was ſeveral Times given ; with a great deal of Indignation, turned
twice given by Bradſhaw to the King about: I did hear Bradſhaw ſpeaking to
thus, That the Court did aſſert their own him in theſe Words, Mr. Sollicitor,
Juriſdi&tion ; the Second and third Day. have you any Thing to demand of the
I do not remember any Day after the Court? Whereupon the Priſoner at the
Firſt, but that the Priſoner at the Bar Bar did uſe theſe or the like Words;
did demand Judgment for the King's May it pleaſe your Lordſhips, I have
not Pleading; and did ſeveral Times formerly in the Name of the Commons
make Complaints to the Court of the aſſembled in Parliament, and the good
King's Delays; that he intended De. People of England, exhibited a Charge
lays, and nothing elſe.
of High-Treaſon, and other High
Cook. Pray, my Lord, one Queſtion, Crimes, againſt Charles Stuart, the Pri.
Whether, my Lord, before he heard ſoner at the Bar, Ainging his Head back
me ſpeak of demanding Judgment againſt in this manner to him ; he had there
the King, whether he did not hear Mr. further to require of the Court, that he
Bradſhaw ſeveral Times ſay, that the might be demanded to make poſitive
Court own their Authority, and that Anſwer by Confeſſion or Denial; if not,
the Matter would be taken pro confelo? that the Court would take it pro confeſſo,
Mr. Bodurdo. I did hear the Priſoner and proceed according to Juſtice: This
at the Bar deſire of the Court, that it was on the firſt Day I was in the Court,
might be ſo: And I heard the Priſoner The Preſident Bradſhaw told his Majeſty,
tell the King, that it muſt be ſo.
that he heard what was craved in the
Joſeph Herne Sworn.
Name of the Commons afſembled in
Council. Mr. Herne. Upon Saturday Parliament, and the good People of
the 20th of Jan. 1648, it was the Firſt England, againſt him, by the now Pri-
Day his Majeſty was convened before ſoner at the Bar. Tne King ſtood up,
them, I could not come near the Court, but Bradſhaw prevented him in what he
only I ſaw him at a Diſtance; I heard had to ſay, telling of hin, that the
nothing but the Acclamations of the
Court had given him Time to that Day,
People, crying out, God ſave your Ma. to know when he would plead to the
jeſty: What was done in Court I know Charge. His Majeſty proceeded to ob-
nothing of. On Monday 1 was there, ject againſt the Juriſdiction, and faid,
and had a Conveniency to ſee and hear he did demur to the Juriſdiction of the
what was acted ; and ſo his Majeſty be Court ; upon which the Prefident an-
ing come to the Seat appointed for him, ſwered him, If you demur to the Jurif-
the Priſoner at the Bar being called upon diction of the Court, you muſt know
by the then Preſident Bradſhaw, he de that the Court hath over-ruled your de-
manded of him what he had to aſk of murrer; and you muſt plead to your
the Court. He was then talking with Charge, Guilty, or Not Guilty. Upon
Doriſlaus, and ſeem'd not to mind the that, the King aſked their Authority,
Buſineſs of the Court. His Majeſty and deſired he might give Reaſons
fitting near, takes his Stick and thruſts againſt it; he was denied it by the Pre-
fident:
92
The TRYAL of the REGICIDE S.
ſident: The Preſident at laſt was con- held to his Plea, Confeſſion or Denial,
tent to tell him, That though he was that he might not be ſuffered to uſe any
not ſatisfied with their Authority, they Words to the Juriſdiction of the Court.
were, and he muſt; but to ſatisfy him, Cook. Whether he heard the Charge
he told him in ſhort, they face there by read?
the Supreme Authority of the Nation, Herne. I did not hear the Charge
the Commons Afſembled in Parliament, read; I was not there the Firſt Day. I
by whom his Anceſtors ever were, and heard
heard you confeſs you had exhibited a
to whom he was accountable. Then Charge of High-Treaſon againſt the
the King ſtood up; By your Favour Priſoner at the Bar, which was then the
thew me One Precedent. Bradſhaw fits King's Majeſty.
down in an angry manner ; Sir, faith Cook. Whether I did not in the Charge
he, we ſit not here to anſwer your Que- conclude that all Proceedings might be
ſtions; plead to your Charge, Guilty, according to Juſtice ?
or Not Guilty : Clerk, do your Duty ; Court. Read the Title and laſt Arti.
whereupon Broughton ftood up, and cle of that Charge: Which was accord..
aſked what he had to ſay, whether ingly read, and follows in hæc verba :
Guilty, or Not Guilty? And Preſident
Bradſhaw ſaid, That if he would not The Title of the Charge.
plead, they muſt record his Contempt.
His Majeſty turned about to the People, The Charge of the Commons of Eng-
and ſaid, Then remember that the King land againſt CHARLES STUART,
of England ſuffers, being not permitted KING of England, of High-Trea-
to give his Reaſons for the Liberty of Son, and other Crimes, exhibited to
the People. With that a great Shout the High Court of Juſtice.
came from the People, crying, God
ſave the King ; but there was an Awe The laſt Clauſe in the Charge.
upon them, that they could not expreſs
themſelves as they would have done, I And the ſaid John Cook by Proteſta-
believe.
tion (ſaving on the Behalf of the People
Council. What did Cook ſay to Judg- of England, the Liberty of exhibiting at
ment? Did you hear him preſs for Judg- any Time hereafter, any other Charge
ment :
againſt the ſaid Charles Stuart'; and alſo
Mr. Herne. Yes, I heard theſe Words of replying to the Anſwers which the ſaid
from the Priſoner at the Bar, That if Charles Stuart Mall make to the Premiſes,
the King would not plead, his Charge or any of them, or any other Charge that
might be taken. pro confeſo, and that mall be ſo exhibited, ) doth for the ſaid
the Court might proceed according to Treaſons and Crimes on the Behalf of the
Juſtice.
ſaid People of England Impeach the fait
Cook. One Queſtion more, Whether Charles Stuart, as a Tyrant, Traitor,
he often heard me ſpeak thoſe Words, Murderer, Publick and Implacable Ene-
That it might be taken pro Confeffo, and my to the Commonwealth of England, and
to proieed according to Juſtice ?
prayeth that the ſaid Charles Stuart,
Mr. Herne. You delired he might be King of England; may be put to anſwer
A
5
all
The TRYAL of the REGICIDE S.
93,
all and every the Premiſes; that ſuch had delayed them; and then he charged
Proceedings, Examinations, Trials, Sen him with the Higheſt Treaſons and
tences, and Judgment, may be hereupon Crimes that ever were acted upon the
bad, as Mall be agreeable to Yuſtice. Theatre of England, and then preſſed
that Judgment might be given againſt
Court. Mr. Cook, will you have any him : And another Expreſſion was,
Witneſſes examined touching the Que. That it was not fo much he, but the
ſtion you laſt aſked ?
Innocent and Precious Blood that was
Cook. No; be pleaſed to go on.
ſhed, that did cry for Judgment againſt
Mr. Baker Sworn.
the Priſoner at the Bir: This, my Lord,
Mr. Baker. My Lords and Gentlemen in Subſtance. There were other Parli.
of the Jury, I was at the High Court ges.
of Juſtice, as they called it, the Firſt, Cook. Whether before this Time he
Second and Third Days. Not to trou had not heard ſomething of an Act or
ble you with the Proceedings of Brad Order proclaimed at Weſtminſter? Whe-
thaw, I will tell you what I obſerved of ther there was any other Word in Effect
this Gentleman ; I have the Notes that uſed in that Charge more than in the
I took there, and pray that I may read Proclamation
them to help my Memory. Which was Mr. Baker. I did hear of the Procla-
granted, and then proceeded in this Man mation and Charge, and the Subſtance of
ner: That Day, my Lord, Mr. Cook it ; I have given an Account of it, and
told the Court, that he charged the I did hear you preſs upon it very much.
Priſoner at the Bar (meaning the King) The Proclamation, I heard of it, that
with Treaſon and High Miſdemeanors, it was made for the Summoning of the
and delired that the Charge might be Court; but I did not hear the Procla-
read: The Charge was this, That he mation inade.
had upheld a Tyrannical Government, Cook. That that was called the Aet of
&c. and for that Cauſe was adjudg'd to the Commons for Trying of the King.
be a Tyrant, &C. and did then preſs, Mr. Baker. I did hear of the Act,
that the Priſoner might give an Anſwer but did not take Notice of it.
to that, and that very earneſtly. The Mr. George Maſterſon Sworn.
Second Day, my Lord, he told the Council. Mr. Maſterſon, pray inform
Court, that he did the laſt Day exhibit my Lords and the Jury what you know
a Charge of High-Treaſon againſt the touching the Carriage of the Priſoner at
Priſoner at the Bar, (meaning the King) the Bar, at the Trial of his late Ma-
and that he did deſire he might make jeſty.
Anſwer to it; and he told them alſo, Mr. Masterſon. My Lord, and you
that inſtead of making an Anſwer to Gentlemen of the Jury, I was preſent
the Court, the King had delayed the in that they called the High Court of
Court, buť deſired the King might Juſtice upon the 22d, 23d, and 27th
make a poſitive Anſwer, or otherwiſe Days of January, in the Year 1648. I
that it might be taken pro Confeſſo. The ſhall wave thoſe Circumſtances which
Third Day, my Lord, he came and you have heard, and many of which I
told the Court as before, That the King well remember, and what I heard like
24
Аа
wiſe
is
04
The TRY A L of the REGICI DE S.
wiſe between the King, who was then Cook. Who was there beſides me ?:
a Priſoner, and the then Preſident Burden. I cannot tell ; Axtel, he was
Bradſhaw : But concerning the Priſoner there, and I am ſure Cook was there.
at the Bar, this I very well remember, Council. Mr. Burden, pray tell my
that upon Monday I heard him ſay, he Lord and the Jury what Queſtions you
had exhibited a Charge of High-Treaſon were examined upon, and what they
againſt the Priſoner, (then the King,) tended to do.
and demanded how that he might plead Burden. He examined me, and gave
to his Charge; I do very well remember, me my Oath; there was Eight or Nine
that after ſome Paſſages between the of us, we had been in the King's Army
King and the Court, the Priſoner at in former Times ;, this Gentleman (Col.
the Bar deſired the King might plead to Axtel brought us in, commanded us out
his Charge, or elſe it might be taken of our Company; I was in his Company,
pro Confello. I remember upon the laſt and this Gentleman) himſelf gave us our
Day, the Day of that fatal Sentence, I Oaths
Oaths; he aſked us where we ſaw the
heard the Priſoner at the Bar demand, King in Action ? I did reply to him,
in the Name of the Commons Affem- and told him, I ſaw him in the Fieid
bled in Parliament, and all the good with his Army: He aſked me many
People of England, Judgment upon the other Queſtions that I could not tell him;
Priſoner at the Bır, pointing to the he aſked me, whether I did ſee the King
King. This is all. .
at Nottingham ſet up his Standard?
Mr. Burden Sworn.
And I was never at Nottingham in my
Council.. Do you know who did exa Life. Theſe were the Queſtions.
mine the Witneſſes againſt the King ?
Mr. Starkey (worn.
And were you examined? And by Court. Pray inform my Lord and
whom?
Gentlemen of the Jury, what paſſed
Burden. By Judge Cook, for ſo he between you and the Priſoner at the
was called in Ireland.
Bar concerning the Trial of his late Ma-
Council. Did he examine you as a jeſty.
Witneſs againſt the King ? Did he give Mr. Starkey. My Lord, This Gentle-
man, now Priſoner, and niyſelf, have
Burden. Yes, my Lord, and many been acquainted a great while, being of
others,
the ſame Society of Gray's- Inn; and
Cook. This is a new Thing, I never trúly, my Lord, I confeſs, I owe all my
heard of this before. Where was it Knowledge in the Laws to that Gentle-
shat I exainined him? I had no Power. 'nian. When I came firſt, he was ac-
Council. No, we know that, but you cus'd for Debt, and was pleaſed to do
were active.
me, and ſeveral other Gentlemen, now
Court. Where was it?
and then the Favour to read the Law
Cook. Whether there were not any with us, and affiſt us in the Beginning
others with me in the Room ? And of the Long Parliament, that is, to
where it was?
give you an Account of his being in-
Burden. It was at Weſtminſter-Hall
, debted, he did deſire I would do my
within the High Court of Juſtice. Endeavour to get his Protection. Near
you an Oath?
4
the
The TRYAL of the RegiCIDE S. 95
tence.
the Time of the King's Trial, there was did aſk him, but firſt he ſaid this of
a Gentleman with myſelf, one Samuel himſelf, faith he, he was as Gracious and
Palmer of Gray's-Inn, which frequented Wife a Prince as any in the World;
his Company, had ſeveral Nights the which made me reflect upon hini again,
Opportunity of underſtanding the Af- and aſked how he could preſs thoſe
fairs at Weſtminſter; and truly, he him- Things as I have heard? What Anſwer
ſelf did ſeem to us to count that a very he made to that, I cannot tell; I did
ridiculous Council. I remember what by the way enquire what he thought
he ſaid one Night, I think they are all concerning the King, whether he muſt
mad, which was within two or three ſuffer or no? He told me, He inuſt dye,
Days before the King's Trial; and in and Monarchy muſt dye with him.
ſtanced how a Fellow cried out to the Cook. Whether was this after or be-
Lord Fairfax, that if he did not con fore the Sentence ?
ſent to the Proceedings, he would kill Mr. Starkey. It was before the Sen-
Chriſt and him. After that I did not tence ; for it was either the ſecond or
think he did go to this Council for Em third Trial, or rather in ſome Interim
ployment, but out of Curioſity. When of Time before the Sentence ;. for there
the King came to Trial, we heard that was an Adjournment for a Day or two;
Mr. Cook was the Perſon that was Solli but I am ſure it was before the Sen-
citor, and acted that Part that you have
heard of; and that during that Trial, Court. Mr. Cook, They have con-
whether the ſecond or third Day, I can cluded their Evidence ; plead for your
not ſay that certainly, Mr. Cook came ſelf what you think fitting.
10 Gray's-Inn that Evening about Ten Cook. My Lord, I have been Priſo-
or Eleven of the Clock at Night, only ner three Months ; I humbly deſire to
upon ſome particular Occaſion, as he acknowledge his Majeſty's and his Coun “
faid ; I being walking in the Court in cil's Favour, that I was not put into a
the Walk before my Chamber with ano- Jeremy's Priſon, but in the Tower, and
ther Gentleman, I did ſee him paſs out not in Irons ;: I give your Lordſhip
of a Houſe to go back again ; I thought humble 'Thanks for that ; and truly,
it was he, called after him ; Mr. Cook, conſidering the Nature of the Charge,
ſaid I ; upon that he turned back and had it been in ſome other Kingdom
met me; I took him by the Hand; they would have ſerved us as John Bap..
ſaid I, I hear you are up to the Ears in tiſt in Priſon : I thank you, that I have
this Buſineſs ; No, faith he, I am fer a fair Trial with the Judges of the Law,
ving the People ; truly, ſaid I, I believe who are upon their Oaths to do equal
there's a thouſand to one will not give Right and Juſtice between our Sovereign
you Thanks; ſaid I, I hear you charge Lord the King, and every Priſoner,
the King for the Levying War againſt concerning Matters of Life and Death:
the Parliament; how can you rationally and likewiſe thoſe Noble Lords, that
do this, when you have pulld out the though they are not put upon their Oaths
Parliament to make Way to his Trial? but upon their Honour, if they know
He anſwered me, you will ſee ſtrange any Law to preſerve my Life, I truit
Tbings, and you muſt wait upon God. I they will rather ſave than deſtroy. My
Lords,
96 The TRIAL of the REGICIDE S.
Lords, I do therefore ſay, as Paul ſaid, Trial
Trial; and upon the Tenth, Mr. Steel,
My Plea is much of that Nature, Dr. Doriſaus, and Mr. Aſk, and myſelf
,
Againſt the Law, and againſt Cæſar, I were appointed, and ordered to be of
hope I have not offended at all; and ſo I Council to draw up a Charge: Here I
have pleaded Not Guilty. The Learned have the Order atteſted by Mr. Yellop,
Council have examined ſeveral Witneſſes and pray it may be read.
againſt me; and I humbly conceive, Court. They do admit the Thing, that
that the Matter will reſt in a very nar you were ſo aſſigned.
row Compaſs; the Subſtance of the Cook. Then I humbly conceive, that
Charge (ſo far as my Memory will ſerve) that cannot be ſaid to be done malici .
doth reit in theſe three Things, the ouſly or adviſedly, or with any wicked
other being but Matter of Form : That Intention in me, which I was required
I, with others, ſhould Propound, Conſult, and commanded to do; acting only
Contrive and Imagine, the Death of the within my Sphere and Element as a
late King. Secondly, That to the per. Counſellor, and no otherwiſe. The
feating and bringing about this wicked next thing is this, my Lord, That by
horrid Conſpiracy, that I, with others, Law Words will not amount unto Trea.
did aſſume a Power and Authority, (as I ſon ; we uſually ſay, that Words may
remember) Power I am ſure, then to kill declare an Heretick, but not a Traytor :
and murther the King ; and Thirdly, There were ſome Statutes formerly,
That there was a Perlon unknown that I Edw. 6. where Words are made Trea-
did cut off the King's Head, and that we fon, but they are all repealled by
were abetting, aiding, aſiſting, counte i Mariæ, that nothing ſhall be Treaſon
nancing and procuring the Perſon, (or but what is expreſſed in 25 Edw. 3.
Words to that Effect) againſt the Form This Objection will ſeem to lye, that
of the Statutes, and ſo forth. I have theſe were Words put in Writing, and
twelve poor Words to offer for myſelf that I humbly conceive to be the greateſt
in this Buſineſs, wherein, if I do not Matter objected; to which I anſwer, 1.
anſwer every Thing that hath been par- Whether there be any full, certain,
ticularly objected, I hope you will give clear Proof, that this is my Hand to the
me Leave afterwards to offer it. Firſt, Charge, I muſt leave to you: two or
I humbly propound this, that if it was three Witneſſes ſay they believe it, and
not made appear to your Lordihips, that it is like my Hand; that I leave to
that I did ever propound, conſult, ad you, if that appear ; yet (my Lord) that
viſe, contrive, attempt, or any way that is put in Writing as done by ano-
plot or counſel the Death of his Ma. ther that is the Dictator, and does dic-
jeſty, then I hope I cannot be found tate unto me; I humbly conceive, that
guilty within the Statute of 25 Edward for any Man to write Words, which in
the Third; for the naked Truth Mr. their own Nature
their own Nature may be treaſonable, if
Nutley. hath in a great Part ſpoke to:I he doth but write them by the Command
was appointed upon the Tenth of Janit- of another, by ſpeaking them after ano-
rry, 1648. for to give my Adviſe con ther, taking them upon Rebound, that
cerning a Charge, there having been is not Treaſon, becauſe they do not diſ-
upon the Ninth a Proclamation for the cover a traiterous Heart ; thoſe Words
of
The TRYAL of the REGICIDE S.
97
be
nothinen
of compaſſing the Death of the King, Juſtice. I do humbly hope (my Lord)
in the 25 Edw. 3. they are fecret Ima- that if by Law, when Words may
ginations in the Heart, and they muſt taken in a double Senſe, they ſhall always
be manifeſt by ſome Overt-Act; that have the more favourable Interpretation,
which was dictated (my Lord) unto me, much more when the Words in the le-
that I had expreſsly preſcribed me, gal Senſe will bear it ; when it is prayed
what I ſhould ſay, what Words I ſhould they will proceed according to Juſtice,
fay. That I did not invent any Thing I hope it will not be inferred there was
of mine own Head, of my own Conceit, any Intention of doing Injuſtice, when
and therefore cannot properly be faid to Juſtice was required. And therefore,
be malicious. The next thing that I (my Lord) the next Word that I would
crave Leave to offer is this, That the offer is this; If, my Lord, in all Tra-
pure and plain demandirg and praying gedies which are, as we call them, ju-
of Juſtice, though Injuſtice be done dicially or colourably, there are bur
upon it, cannot poſſibly be called Trea- theſe four Actors, Accuſers or Wit-
fon within the Statute. Then I hope neſſes, the Jury, Judges, and Execu-
tioner; if I be none of theſe, I cannot
will amount to Treaſon: For the Words be guilty of Treaſon. I hope I may
in the Natural, Grammatical, Plain, fafely ſay according to Law, That I had
Genuine, and Legal Senſe, will bear no not a Hand at all in his Majeſty's Death.
other Conſtruction, as I humbly con- My Lord, the Court and Council, it is
ceive, but (that whereas thoſe Gentlemen very true, they do aim at the ſame
had his Majeſty then in their Power a thing; the Council Requirendo Juftitiam,
Priſoner) that it was prayed by me, that the other Exequendo fuftitiam, the End
they would do him Juſtice; I do hope being the fame, to have Juſtice. If
that it will appear that I did give bonum when Juſtice be demanded, and Inju-
& fidele Conſilium. It will appear, I ftice be done, what is that to the Coun-
hope, that ſome would have had a very cil? We read in the 19th of John con-
voluminous and long Charge; that I cerning Pilate, Knowejt thou not (ſpeak-
was utterly againſt it, as conceiving that ing to Christ) that I have Power to cru-
it was not fit and requiſite that any thing cify thee, and have power to releaſe thee?
ſhould be put in ; at leaſt I durft not in- My Lord, I humbly anſwer this to that
vent one Word myſelf, but what was which ſeems to be the moſt material
expreſſed in the Act for Trial; if your Part in the Indictment, That we did af-
Lordſhips will not admit it an Act, you ſume a Power ; my Lords, I did not
will an Order, and ſo it will bear me aſſume a Power; I hope it will not be
forth, at leaſt to excule me from Treaſon, ſaid that the Council had any Power,
becauſe I kept myſelf to the Words ; Eloquentia in the Council, Judicium in
whereas in that it was ſaid, that they the Judges, and Veritas in the Witneſ-
ſhould proceed according to the Merits fes. 25th of Afts, Tertullus, that Elo-
of the Cauſe, I was againſt that; that I quent Orator, accuſed Paul; Paul an-
did not underſtand that, but according fwered for himſelf; and it is ſaid, Feſt15
to Juſtice, and that is but according to being willing to do the Jews a Courteſy',
Law, becauſe the Law is the Rule of he left Paul hound: It was not the Coun.
Bb ,
cil
25
98
The TRY AL of the REGICI DE S.
cil that left him bound. His Majeſty before the Sentence of the King, (to
was never a Priſoner to me, and I never the beſt of my Knowledge) a Word [po-
laid any Hands upon him; if any Wit- ken by any, that they did intend to put
neſſes have ſpoke of any irreverence, I him to Death ; I ſay to my knowledge;
muſt appeal to God, in that I did not and my Lord, when Judgment is de.
in the leaſt manner carry myſelf unduti- manded, is it not Two-fold, of Acquit-
fully to his Majeſty, though one of the tal and Condemnation? If thoſe that
Witneſſes was pleaſed to ſay, that I ſaid then were entruſted with the Power of
theſe Words, That there is a Charge Judicature, if they did not know any
againſt the Priſoner at the Bar ; it was Law to proceed by to take away his
not faid the Priſoner at the Bar ; there Majeſty, then I demanding their Judg-
was not one diſreſpectful Word from me. ment, it doth not appear to be my Judg-
There is a Caſe in the Third Inſtitutes ment; and I refer it to the Learned
of my Lord Coke, it is to this Purpoſe; Council, that Council many Times at
That one wilfully and knowingly for the Aflizes and other Courts, have been
ſwore himſelf: The Cafe was put to ſorry that the Verdict hath been given
inveigle the Court: and though the for their Clients, when they have known
Court does Injuſtice upon a falſe Oath, the Right lay on the other Side, and ſo
it is not Injuſtice at all in the Witneſs, it I might in this. The next Thing I
is Perjury in him ; if there can be no In- humbly offer, is, That if in right Rea.
juſtice in a Witneſs, much leſs a Coun- fon, conſidering the Condition his Ma-
fellor can be ſaid to have his Hand in jeſty was then in, the adviſing to draw
the Death of any, becauſe he has no up the Charge, was rather to be looked
Power at all; this muſt needs follow, upon as a Matter of Service, rather
that if it ſhall be conceived to be Treaſon than Diſſervice, then it cannot be called
for a Counſellor to plead againſt his Ma- Treaſon; it is very true, my Lord, that
jeſty, then it will be Felony to plead a very ſmall Overt-Aet will amount to a
againſt any Man that is condemned un Treaſon ; and, my Lord, had this been
juſtly for Felony. The Counſellor is to in Times of Peace, and had his Majeſty
make the beſt of his Client's Cauſe, then been no Priſoner, (now he was under the
to leave it to the Court. It is ſaid, I Power of an Army, ) this had been a
ſhould demand Judgment, I do not re great Treaſon ; but he being a Priſoner,
member that, I leave ic to you, but ſtill not by my Means, (for ) was no Sword-
to demand Juſtice. Counſellors they man) what can a Man that knows him-
do engage in Buſineſs, before they do ſelf Innocent, being a Priſoner, deſire
rightly underſtand the true Matter of more than a ſpeedy Trial? So that
the Fact; it is Part of a Serjeant's Oath, making the Trial more ſpeedy, cannot
that ſo ſoon as he does diſcover the Fal be ſaid to be done traiterouſly. A Trial
ſity of the Cauſe, he ſhould forſake the doth follow Impriſonment as naturally
Cauſe. My Lord, by what Mr. Nutley and neceſſarily, as the Shadow doth the
hath ſaid, it appears, and I have many Body. If any Man fhall deſire and be
Witneſſes in the Country, Three or four inſtrumental in bringing him to a Trial,
in Leiceſterſhire, would have ſpoken full which might acquit, rather then con-
to this, that, my Lord, there was not demn him, and ſo humbly pray Pro-
5
ceedings
The TRY A L of the ReGICIDE S.
90
or-
ceedings according to Juſtice; this will ble Court will fix it : If it had been the
have, I hope, a better Name than Trea Intention that Counſellors, Adviſers,
fon. I am much beholden to his Ma and ſuch as ſpoke their Minds ſometimes
jeſty and this honourable Parliament, for in the Buſineſs, (you know that was
the Penning of the Act of Indemnity, Epidemical, many Words were ſpoken
which I do hope, my Lord, you will which cannot be juſtified) whether natu,
give me leave to take Notice of.
rally it would not have followed, that
Court. Open as much as you will of all ſuch Perſons for their Counſelling, ,
it.
Adviſing, or being Inſtrumental, are
Cook. My Lord, the words that I left to be proceeded againſt as Traitors;
would make uſe of, are in the Begin- I hope you will take that into Confide-
ning; Treaſon, Murcher, and other ration ; concerning the Werds, or being
Felonies that are ſpoken of, they are Inſtrumental ; obferve it is not ſaid, or
ſaid to be counſelled, commanded, acted being any other ways Inſtrumental; but
or done ; in the Preamble, which is as Sentencing, Signing, or being Inſtru-
the Key to open the Mind and Meaning mental ; if therefore the Word Inſtrlis
of the Law-makers, it is ſaid, that all mental be not of a general comprehen-
Perſons ſhall be pardoned for all, ex five Nicure, then all this Evidence
cepring ſuch as ſhall be named, and in which hath been given in againſt me,
ſuch manner as they ſhall be excepted; being before the Sentencing and Signing,
and then it comes, Provided that this will fall to the Ground; that this is the
A&t ſhall not extend to Pardon ſuch and legal, genuine, and grammatical Senſe,
ſuch Perſons, and by Name I am one; and cannot be any otherwiſe than as
and it is ſaid, all which Perſons, for their particular, as if it were the Sentencer,
execrable Treaſon, in ſentencing to Signer, and Executioner ; which it it
Death, or ſigning the Inſtrument for had been ſo, nothing of the Evidence
the horrid Murther, or being Inſtru would have reached me. My Argumene
mental in taking away the precious Life is this, ſuch a Ule is to be made of an
of our late Sovereign Lord Charles the Act of Parliament, that no Word may
Firſt, of Glorious Memory, are to be be fruſtrate and inſignificant ; but if this
proceeded againſt as Traytors to his late Interpretation ſhall be put upon it, Sen-
Majeſty, according to the Laws of Eng. tencing, Signing, or being any way In-
land, and are out of the ſaid Act wholly ſtrumental, then the Words Sentencing
excepted and foreprized. There is not and Signing need not have been. If
any thing offered againſt me, upon the Inſtrumental will carry the Words Sen-
Two Firſt great Words, which are Sen- tencing and Signing, then theſe Words
tencing and Signing ; that which I have will carry no Force at all; eſpecially,
to do to endeavour to clear myſelf, is my Lord, when there is no need of any
this, being Inſtrumental in taking away Retroſpect at all; if it be ſo, I know not
the Life of his faid Majeſty : Firſt, I how far it may look back; there is no
humbly offer this to the Juries Conſide Neceſſity of putting any comprehenſive
ration, That where the Parliament doth Generality upon this Word Inſtrumental,
begin to fix the treaſonable Part, there, but that the plain natural Senſe will be
I hope, and no otherwiſe, this honoura- this, That thoſe that did Sentence and
Sign
22
V
IOO The TRYAL of the R EGICIDE s.
.
Sign, and thoſe that were Inſtrumental Oath; I might be there, but I had no
in taking away his Life ; that is, thoſe
that is, thoſe Power to give an Oath; but whether I
that did abet and comfort that Perſon might aſk any Queſtion, I do not re-
unknown, or juſtify, or countenance member, but that I fhould give an Oath,
him, which is after the Sentencing, and that is a Falſity; then, my Lord, for
not before, in the legal Senſe. Next 1 Proditorie, I hope there is nothing at all
conceive, that a Counſellor cannot be that appears to the Jury; ſo that there
faid to do any Thing, vi & arinis. was no Malice nor traiterous Intention
It is ſaid, that by Force and Arms I in the Thing.
in the Thing. There are ſome Matters
did abet, &c. Rhetorical to ſay, that of Law which I deſire your Lordſhips
Words may be as Swords, but Legal it will give me Leave to ſpeak to, and
is not, unleſs there be ſomething vi & that your Lordfhips will be of Council
armis ; in the Grammatical Sente, In with me, I would offer ſomething con-
ſtrumental is taking away the King's cerning his Majeſties gracious Declara-
Life ; it is not ſaid Inſtrumental in or tion from Breda to the Parliament; (I
der to take away the King's Life, or was then in Ireland,) I did put in a Pe.
Inſtrumental in adviſing to take away tition to the honourable Commiſſioners,
the King's Life, but Inſtrumental in before any Exception was, that I might
tıking away the King's Life. My have the Benefit of that Declaration; I
Lord, the next Thing is, that there did lay hold of it : My Lord, there are
cannot be any Thing ſaid to be done by Two Things in that Declaration that I
me; firſt, not falſo, becauſe in that would offer.
would offer. His Majeſty faith, that
Senſe it muſt have the Operation of for the reſtoring of the King's Peers and
Mendacity; that there muit be a Lie People of the Kingdom to their juft
told in it; I did nothing but what I Rights and Liberties, he will grant a
was required to do, to ſet down ſuch free and General Pardon to all, except-
and ſuch Words; I did not invent noring ſuch as ſhall be by Parliament ex-
contrive them, I heard nothing of it till cepted ; and within three or four Lines
the roth Day of Jan. My Lord, for
My Lord, for after it is ſaid a Free Parliament.
malitioſe, that I did not any Thing ma Though I do not in the leaſt queſtion
liciouſly, I hope it will appear in this ; the Legality of this Parliament, yet my
what I then ſpoke it was for my Fee; Lords, to this particular Purpoſe, whe-
ic may
be called avaritia, but not mali- ther the Parliament that was to except,
tia ; for the Law will not imply a Ma- ought not to be a Parliament that was
lice, but when there is no other expreſs to be called according to his Majeſty's
Ground or Reaſon why the Thing was Writ, according to the Laws of the
done ; but here was an expreſs Ground Kingdom ; I humbly conceive it will
to ſpeak for my Fee; I hope the Jury bear that ; though his Majeſty is pleas'd
will take that into Conſideration. Then. to confirm this, yet it is not ſuch a Par-
Secondly, I was not Judicial in the liament that was to except ; that I offer
Cafe, I was not Magiſterial as any Offi to your Lordſhip. My Lord, that that
cer, but Miniſterial. As touching ex I would humbly make bold to put for
amining of Witneſits, it is a great Mi- myſelf, becauſe it is the Privilege of one
ſtake; the Court had Power to give an in my Condition, is this, There is, my
Lord,
The TRYAL of the REGICIDE S.
IOI
1
Lord, many Lords, the Earl of Eſſex, a tyrannical and unlawful Court, is a Court
the Earl of Southampton, and others, de facto, though not de jure ; if a Court
that were adjudged in the 44 of Eliz. 3. be not a juſt and lawful Court, it cannot
Inſtitutes, they did traiterouſly and ma be faid but that it is a Court.
is a Court. We ſay
liciouſly conſpire to take her Majeſty a Thief is a true Man, though morally
Priſoner, and to remove her Counſellors he is not ſo ; this was a Court; Officers
from her, which were found Guilty, attending on them ; ſome ſay they had
and ſuffered accordingly: The Reaſon Authority; and therefore for one to
is, That becauſe thereby if it had been come and act within this Sphere, not to
done, they had deſpoiled her Majeſty of act out of that, not to do any Thing
her regal Government. And the Cafe but what he had a preſcript.Form ap-
is Inſtant in Philip, who was a Nomi- pointed him, I hope that will not be
native King, that it was not Treaſon to found to be within the Letter of the
have attempted any Thing againſt him. Law; I have been told, (how true I
My Lord, his Majeſty being a Priſoner cannot tell) that there have been ſome
without any Hand of mine, I giving Votes in the honourable Parliament, that
Advice according to what was dictated thoſe that did only counſel or adviſe,
to me, to bring to that Trial whereby thoſe were not to be looked upon as
he might have been acquitted, and ſo Traitors ; I have been told ſo, that thoſe
ſet at Liberty; I hope that will not be that did only ſpeak as Council for their
ſaid as Inſtrumental. My Lord, I hum Fee, who were not the Contrivers of it,
bly ſhall offer but Two Words: Firſt, the Parliament did not intend they
To the honourable Court; then to the ſhould be left to be proceeded againſt.
Jury; the Words of 25 E. 3. and ſo Court. That Letter that was ſent from
the Expoſition of the learned Judges the Commons to the King at Breda,
have been from Time to Time, that they ſpeak firſt of the Violatation that
there ſhall be no Semblable Treaſons was put upon the Parliament, and of
made by Preſumptions or Strains of the baſe horrid Murther of his late Ma-
Wit, but thoſe Treaſons ſpecified there. jeſty. It is ſaid, that the Parliament
It is ſaid, if a Huſband do kill his Wife, (I conceive they meant of the remaining
or a Wife kill her Huſband; a Maſter Part) they were not Guilty, but ſome
ſhould kill his Servant, or the Servant few ambitious, bloody, guilty Perſons,
ſhould kill his Maſter; that that ſhall be who contrived the fame, and others
Petty. Treaſon. A Child did kill his miſled by them.
Father : though that was looked upon Cook. The other Matter of Law is
as a great Sin, yet the Judges do not this; I ſay, that I do hope, that though
preſume that to be Treaſon, becauſe it that Order which I was about to produce
was not the very Words: This being an concerning my acting, that if it may
extraordinary Caſe, to write a Thing, not in a legal Senſe any way be ſaid to
after another, doth not appear that there be an Act of the Parliament and Com .
was a malicious Heart in him that did
mons, yet it may be faid to be ſuch an
write. There hath been the Act of Par Order to bear out thoſe that did Act ac-
liament that doth call theſe Courts tyran- cording to it, becauſe there was then no
nical and unlawful Courts; but, my Lord, other Authority de factó ; otherwiſe it
26
were
Cc
clear, that every one that hears it may
IO2 The TRYAL of the REGICI DE S.
were not lawful for any Man to exerciſe a Debt due to human Juſtice, ſo politi-
his Profeffion during ſuch a Power. I cal, if the Lord ſhould have ſuffered me
hope Counſellors might then exerciſe to have been Drunk, and kill'd a Man,
their Profeſſion as well as others. My for which I ought to have died, inſtead
Lord, though I ſhould ſuffer myſelf in of ſpeaking for myſelf, I would have
this Cafe, I ſhould be loth the honoura rather intreated the Jury to have found
ble Profeffion of the Law ſhould. I think me Guilty ; I think theſe Things ought
I was in my Share,acting as a Counſellor. to be anſwered, political Debts. When
Now Gentlemen of the Jury, that which I was in Ireland, and had Opportunity
I have to fay to you is an Evidence con of going away ; if I thought I had been
cerning Matter of Life ; it muſt be ſo Guilty, I might have done it: My
Name is put into his Majeſty's Procla-
underſtand. It is called an Evidence, mation, it is true. I was a Priſoner
becauſe it is evident ; it is one Reaſon Three or Four Months before, ſo that I
why Priſoners for their Lives are not al could not render myſelf; To what End
lowed Council for Matter of Fact, be ſhould that Proclamation mention my
cauſe the Evidence is, and ought to be Name? It was ſaid I obſcured myſelf,
ſo clear and plain, that every one ſhould but I did not : Human Juſtice doth ne-
be ſatisfied, both Jury and Standers-by; ver puniſh ſo much for Expiation as for
and it is a proper Word to ſay the Pri Prevention. The Judgments of the
foner is convicted, that is, as much as Learned Aquinas, Grotius, and Amefius,
his Mouth is ſtopped : And therefore I and many others, that if a Man doth kill
fay truly, as I hope I may ſpeak it to a Man, commit any Thing worthy of
you without Offence, as Jeremy in ano Death, though he doth repent never ſo
ther Cafe, when ſome of the People much; yet that others may be deterred
would have had them put him to Death; from committing ſuch Acts, the Magi..
As for me, behold I am in your Hand, do ſtrate is bound to put him to Death.
with me as ſeemeth good and meet unto you, But where there is not ſuch a Thing,
Jer. 26. ver. 14. 15, faith he, But know there it is different ; though it is ſaid,
ye for certain, that if ye put me to Death, the Land is defiled, that is, where there
ye hall ſurely bring innocent Blood upon is Danger that the like may be com-
yourſelves
. I hope you will not willingly mitted again. Now all Things are ſee-
be guilty of any ſuch Thing; I muſt tled, there is no Danger at all; now
leave it to your Confciences, whether there can never come ſuch a Cafe as this
you believe that I had an Hand in the again ; I ſay, my Lord, what I acted
King's Death, when I did write but only I did as a Counſellor ; I had no malici.
that which others did dictate unto me, ous Intention in it. Mr. Nutley. bare
and when I ſpoke only for my Fee. Teſtimony ſo far, that I told him, there
And this I would be bold to ſay, though was not Intention of putting his Majeſty
the Argument is not ſo directly
confeſſed, to Death ; I only did ſay, that I deſired
that human Juſtice, (I do firſt ſay as them to do Juſtice: And I hope what
this my Principle and Opinion is,) that was done was their Act, rotinine, and
as.every Man ought to pay his moral ſo I leave myſelf to your Lordſhips.
Debis, ſo all political Debts: There is Court. Silence commanded.
Mr.
4
The TRIAL of the REGICID E 6. 103
Mr. Soll. Gen. My Lords, this Gen- Concluſion of the Charge was a Proteſta-
tleman, who is the Priſoner at the Bar, tion, by which he ſaved to himſelf a
requires ſuch an Evidence of the Fact as Liberty to put in a new Charge, if that
may be evident; he ſaith ſo evident as was not ſufficient : Upon the whole, he
may
be as clear as the Sun: I think that deſires, that the King, as a Traytor,
Evidence is not to ſeek : But if he muſt may be brought to Juſtice. Judge you
never be convicted till he be ſo far con now, Gentlemen, upon the Nature of
vinced as to be ſpeechleſs, I believe we this Demand, whether this were ſuch a
may ſtay long enough ; nevertheleſs, if Demand of Juſtice as might end in Ac-
he be willing (as he ſaith he is) to pay quital: Whether he that preſſes that this
his Debts to political Juſtice, we ſhall Charge may be taken pro Confeſſo, did
quickly give him the total Sum. That mean that when the Court ha I recorded
which he hath faid hath been like a it, they ſhould Acquit hiin when they
Lawyer, the beſt that his Caſe will bear; had done. My Lord, to ſay there are
but withal it is a great Aggravation to Four Actors in this caſe, the Witneſs or
his Crime, that he that knew the Law Accuſer, the Judge, the Jury, and the
ſo well, ſhould ſo much tranfgreſs it. Executioner, and that he is none of them,
He began, Words do not make Treaſon: and therefore in this Caſe he cannot be
He miſtakes, his Charge is not for Words, a Traytor ; ftill, my Lord, this is to
Gentlemen, his Charge is for Compaſ- beg the Queſtion ; for if he be one of
ſing and Imagining the Death of the them that did aſſemble in the Place,
King, and the Evidence of that Charge and were any Inſtrument of that Affem-
is meeting in that Affembly, and the bly, he hath thereby given an Evidence
Part that he bore in that Aſſembly of an Overt-Act of his wicked Heart:
And yet, my Lords, he will be much And when all is done, this poor Gloſs
miſtaken too (under Favour, and with amounts but to this, I am none of thoſe
Submiſſion to your Lordſhips Judgment, Four. Ranks, that is, there were others
and thoſe that hear him,) if they think worſe than myſelf, and therefore I am
that in all Cafes it is a general Rule that none at all. My Lord, the Thing that
Words are no Treaſon; for when a he hath mainly inſiſted upon is the Act
Man ſhall proceed to declare the Imagi- of Indemnity ; my Lord, he doth ob-
nation of his Heart, as to exhort and ſerve, that his Name is excepted in that
perſuade Men to effect that wicked Act; that he doth bope that it is ſo
Thing, the killing of the King, cer- penn'd, as by the Savour of the Parlia-
tainly there cannot be a greater Overt ament it may reach his Caſe; and he
Act 'than theſe Words, nor a clearer hath argued very much upon ic; and he
Evidence of ſuch Imagination, for out ſpeaks as if he did believe it himſelf.
of the abundance of the beart, the mouth But ſurely there is no Colour for that In-
Speaks
. My Lord, to ſay that the de- terpretation, that he ſhould ſtep out of
manding of Juſtice is not Treaſon, this Proviſo, by the very Act of Indem-
though Injuſtice do follow, is a very nity, that was made on purpoſe to bring
weak Gloſs upon a wicked Action. him in by Name; the Words are, Pro-
The Subject Matter was a Charge of vided that this Act, nor any Thing therein
High-Treaſon againſt the King; the
the contained, mall extend to Pardon, or give
ally
104
The TRYAL of the REGICI DE S.
'any Benefit to John Cook, &c. all which racy, let him begin at what End he will,
Perſons, for their execrable Treaſons in he ſtands reſponſible for the utmoſt Con
ſentencing to Death, or ſigning the In- ſequence of it ; and in Effect the very
ſtrument for the horrid Murder, or beirg penning of this Proviſo, is an expreſs
Inſtrumental in taking away the Precious Judgment of Parliament that he was In-
Life of our late Sovereign Lord King ſtrumental, but that is not to be preſſed.
Charles the Firſt, of Glorious Memory, The next Thing he doth inſiſt upon,
are left to be proceeded againſt as Tray- is the Declaration of his Majeſty that he
tors, & C. Firſt, my Lord, this gene- fent from Breda, which he faith he laid
ral and clear Anſwer, I conceive, is to hold upon : Here lies the Weight of his
be given, that the Priſoner at the Bar Anſwer, The King writes his Letter to
being by Náme excepted out of the Act the Parliament now Sitting, that he doth
of Indemnity, by the Proviſo mentioned purpoſe, for the quieting of the Hearts
in it, although the ſubſequent Lines of Men that may be in doubt, to par-
that follow be the Reaſon why the Par- don all Perſons all Crimes of wiat Na-
liament do except ; yet if he be within ture ſoever, either againſt himſelf or
the very Words of the Exception, whe- Royal Father, excepting thoſe which
ther he be in the Reaſons that moved ſhall be by Act of Parliament excepted;
them to that Exception, is not material. and, my Lord, he doth ſay, and mo-
If he could diſtinguiſh that he was not deſtly preſies, that he doth conceive the
Inſtrumental in that Senſe, to which he Meaning of that is, to pardon all Per-
Jabours to reſtrain this Proviſo, he can fons, what Crimes foever they have com-
but ſay this, the Parliament was miſtaken mitted, except ſuch as by a Free Parlia-
- in their Reaſon, but not in their Con ment ſhall be excepted ; a Legal Parlia-
cluſion ; but he is directly within the ment, called by the Writ of the King,
Exception, and the Reaſon of it too, which this Parliament is not. To that
for the Word Inſtrumental goes as far I give theſe Anſwers: Firſt, my Lord,
as can be, and he is properly and lite- I do ſay that this Letter of our Gracious
rally in the ſtrict Notion of the Word, Sovereign from Breda in itſelf undoubt-
an Inſtrument of the Death of the King: edly is no Pardon in Law for Treaſon,
The King could never have been brought that cannot be without the Broad-Seal.
to Death, if not to the Bar ; never had Next, a Pardon under the Great-Seal
been Sentenced, if he had not been Im in ſuch a Form of Words as this is would
peached; that Impeachment could ne not be a Pardon for Treaſon, for that
ver have been taken pro Confeſſo, nor muſt not be pardoned by Implication,
the Impeachment itſelf delivered, if he but by poſitive Words: So in the Caſe
had not delivered the one, and preſſed of Sir Walter Rawleigh, a Commiſſion
the other: He that brought the Axe directed to our Well-beloved Subject
from the Tower was not more Inftru would not pardon the Treaſon of which
mental than he ; and beſides, a Lawyer, he was condemned. In the next Place,
as he, of great Underſtanding, and of this Letter at the moſt is but a Pardon in
good Parts, he knows very well there Honour, which muſt always be taken
are no Acceſſaries in Treaſon ; but he according to the Meaning; and that
that acts any part in ſo wicked a confpi- the King's Honour may be for ever Sa-
cred,
The TRYAL of the RÈGICIDE S. 105
cred, I ſay this Letter doth no Way help as they ſhould except: What can be more
the Priſoner at the Bar.
clear and evident, than that this is the
Firſt, It is plain by the very Super Parliament which the King did mean to
ſcription of this Letter in which the De- be the very Parliament to which the
claration was enclos'd, that it is directed Letter ſhould have Reference till the Act
to the Speaker of our Houſe of Com- of Oblivion was paſſed again? The late
mons in Parliament Aſſembled, which Tranſactions of theſe Twelve Years paſt
cannot poſſibly be expounded of any o had involved ſo many Perſons, that we
ther Parliament, than that which wasthen could ſcarce find a Man but he had need
Sitting, to whole Speaker it was written. of Mercy; nay, this very Parliament,
Secondly, The Letter itſelf fays, we to which this Letter was written, had
have left it to you to provide for Security need of Indemnity. And is it probable
and Indemnily: And again, If there be in the Nature of the Thing, or can it be
a Crying Sin, for which the Nation may underſtood by any Mart, that the King
be involved in Infamy, we cannot doubt writing to this Parliament, and offering
but you will be as ſolicitous tovindicate it them Pardon and Indemnity, ſhould
as we can be. And then in this very mean ſuch a Pardon and Indemnity as
Letter encloſeth that Declaration, upon a future Parliament to be called by his
the Penning of which, the Priſoner ſo own Writ ſhould be willing to afford
much relies. Now lay all together, and them? Whoſe Hearts would have been
it is clear the Parliament meant by the ſatisfied with fo contingent a Security ?
Declaration, muſt be the fame Parlia My Lord, upon the whole Matter,
ment which was meant by the Letter; by what the King hath ſaid in this Let-
and that was this very Parliament whom ter, and by what the Parliament hath
the King intended to truſt, both with done in Purſuance thereof, and by what
Indemnity, and with the Vindication of the King hath proclaimed, it is, to my
his Father's Death, and to be the Dif- Underſtanding, as clear as the Noon-
penſers both of Mercy and Juſtice in this day, that the Honour of the King is not
Particular. Another Thing is this, This concern'd at all in the Exemption of the
very Parliament, as the Priſoner ob Priſoner at the Bar : And for the Caſes
ſerves, they did go to the King accord- of my Lord of Elex and Southampton,
ing to his Gracious Letter, and in the which he hath cited, they make againſt
Behalf of all the good People of England, him; they were condemned becauſe they
they did lay hold of the King's Mercy endeavoured to impriſon the Queen,
in his Letter and Declaration, and prayed and to remove her Counſellers, of which
that this Claim by their Speaker, in Be. very
Fact the Priſoner is in Law Guilty
half of all the reſt of the Commons of too ; and then the Caſe of King Philip
England, might be Effectual to all Pur the Huſband of Queen Mary, makes
poſes, and for all Perſons other than nothing for him neither, unleſs he will
thoſe that ſhould be by themſelves after- ſpeak out, and tell us plainly, that be-
ward excepted. According to their cauſe by a former Violence the King was
Requeſts, his Majeſty accepts their Pe made a Priſoner, he became but like a
tition, and makes Proclamation, that Titular King, as King Philip.
his Purdon ſhould extend to all but ſuch In the next Place he faith, My Cafe
27
D d
is
106 The TRYAL of the REGICIDE S.
is out of the Law, I acted as a Counſel true what he hath faid; but I hope you
lor in my own Particular for my Fee ; meet here to tell this Nation, and all
it was Avaritia, but not Malitia, nor the World, that the People of England
Felſo, Malitioſe, or Proditorie: But he had no Hand in that Charge; do but
muſt know, that no Man hath, or can conſider how that this Priſoner at the
have, a Lawful Calling to purſue the Bar had hunted the Life of the King;
Life of his King; and the Law im plies how he did fiſh out and examine Evi-
Malice ; for Malitieſe and Proditorie are dence, whether the King ſet up his Stan-
not only Words of Courſe, but of Truth dard at Nottingham, was at ſuch a Place,
too, in this Caſe, elle it were as much and ſuch a Place; to what End is all
as to ſay, that no Council can be Guilty this, but with Deſign of Blood ? Were
of High-Treaſon, than which nothing theſe Things to be produced againſt the
can be more abſurd : My Lord, for King, and then Judgment to be de-
that which he ſaid laſt, (for I muſt omit manded that he may be ſaved ? Is it
fome Things, and give him leave to take not plainly proved to you by Witneſſes,
the Advantage of it,) to ſtand upon it, how he did exhibit the Charge, preſs it,
that the Place was a Court, ſuch a one aggravate it, deſired it might be taken
it was, that he was not anſwerable for pro Confello, was afflicted with the De-
the Conſtitution of it ; if it were not in a lays, how
lays, how angry he was when he was in-
legal Senſe, it was ſuch an Order as terrupted? Is it not proved to you, that
might bear him out, that is, with Mo he was at firſt againſt the Thing, and
deſty and good Manners to juſtify High- faid, It was a baſe Buſineſs? When he
Treaſon ; it is not with ſuch Infolency was engaged in it, ſaid, that he was, a
as ſome others before him did it, but it Servant of the People of this Kingdom?
amounts to that, That an Order of a few What doth he do at laſt when the Thing
Perſons that firſt made themſelves a Par. had gone far? He ſpeaks that which is
liament, and then made a Court of Ju. the only Truth which I have heard yet
ftice, and Officers, and met together, from him, He muſt die, and Monarchy
and perfected ſo great a Treaſon, I ſay, then muſt periſh with bim ; from which
that this Order to bear him out is im Event, Good Lord deliver us.
poſſible. He that is a Lawyer, he muſt Sir Edward Turner. My Lord, the
account to the Laws for what he hath Subſtance of the Difference that the Prin
done ; if the Authority were not lawful, føner hath made at the Bır, with much
he cannot but know that this which he Skill and Cunning, may be referred to
calls the Parliament was ſo far from a Two Heads. The Firſt to the Statute
Legal Authority, that it was one Part of of the 25th of Edward the 3d; the Se-
the Treaſon that he did affiſt ſuch an Al cond to the late Act of Oblivion : For
fembly.
the Firſt, my Lord, he ſaith, That his
Gentlemen of the Jury, This is your Fact is not comprized within that Statute;
own Caſe, here is a Charge that is ex faith he, I did never conſpire or imagine
hibited by the Priſoner at the Bar, as he the D-ath of the King, nor did believe
faith, in the Name of all the People of that would be a Conſequent of their
England. Look to it, for you are ſome Actings. It was expreſy proved that
of them if you own it; then it may be himſelf did ſay, that the King muſt die,
and
The TRY AL of the REGICIDE S.
107
and Monarchy with him; but, Gentle- repent, the Magiſtrate muſt do Juſtice,
men, though he had ſaid true, that it in Terrorem. Though he do repent, (I
had not been proved, or that he did not hope in God he doth fo,) the Magi-
believe that would be a Conſequent, ftrates, your Lordſhips, muſt do Juſtice,
yet, my Lord, I muſt tell you, that in Terrorem; I deſire that Juſtice may
every step of this Tragedy was Treaſon ; be done upon that Man. He ſaid, it
the Summoning themſelves, that was was no Treaſon to demand Juſtice a-
Treaſon; every Proceeding upon that gainſt the King, becauſe he did but de-
was Treaſon; the Summoning of their mand it; I hope he will think it no
Meetings in the Painted Chamber ; com Unkindneſs in me to defire Judgment
ing into Weſtminſter-Hall; every Perſon againſt him, becauſe it is Juſt.
as Inſtrumental, thoſe that came to act Mr. Wadham Windban. As I under-
the laſt part in that Tragedy, were ſtand the Priſoner at the Bar, the chief
every one Guilty of Treaſon. What, Argument which he ſhelters himſelf un-
faith he, I acted as a Counſellor for my der, was his Profeſſion, which gives a
Fee: It was that Fee that yudas had, Blaſt to all of us of the Long Robe: I
the Thirty Pieces of Silver, that made will not mince his Arguments ; faith he,
him hang himſelf. He goes further, here was a Court, I was appointed Sol-
and tells you, there muſt be no Sem licitor; and faith he, for Men to pra-
blable Treaſons; this is clear, the con etiſe before thoſe that have not a proper
ſpiring and imagining the Death of the Judicature, it is not Felony, Murther,
King, that's the Treaſon that is men or Treaſon, (I would not willingly mince
tioned in the Act; Treaſon by the Com his Argument) and that I was appoint
mon Law; though this be not named ed, and the Words dictated to me, and
the killing of the King; yet all thefe a Counſellor carrying himſelf within
Proceedings are Demonſtrations to you, the Compaſs of his Profeſſion, is not an-
there was a ſecret Imagination to kill ſwerable ; but if he will exceed his
him. Then to the Act of Oblivion, his Bounds, his Profeſſion is ſo far from
Argument is, That becauſe the Act faith, ſheltering him, that, as it hath been
that if they had Sentenced, Signed, or opened, it is very much an Aggrava-
been Inſtrumental in the Death of the tion: It is the Duty of a Counſellor to
King, that they ſhould be excepted; give Counſel. If a Man ſhall come to
but it is not faid, or otherwiſe Inſtru me and afk Counſel, and I ſhall counſel
mental; that this therefore ſhould refer him to kill a Man, am not I acceſſary
to ſubfequent, not precedene Acts, that's to that Murder ? Words, by his Argu-
a ſtrange Expofition ; take it Gramma ment, will not amount to Treaſon, if
tically, it hath the moſt large Con the Fact follows, I am as Guilty as if
ſtruction, Inſtrumental, more large than did the Fact; in point of Treafon it is
if they had faid, or otherwiſe, for it doth all one, as if I had done that very Act.
comprehend every Thing. There hav If Mr. Cook did advife that Act, or was
ing been fo full an Anſwer already, 1 Inftrumental, he is as much a Traitor,
will be ſhort; I will not meddle with as the Man in the Frock that did the
his Civil Debts, but with his Political. Execution : For his Profeſſion, truly,
If a Man kill another, though he do my Lord, I do not think thar a Coun
5
108 The TRY AL of the REGICIDE S.
!
ſellor is always bound to know the with him; I humbly beg, that the Jury
Patent of him that fits as Judge, that would take notice of what Mr. Nutley
will not be his Caſe: Here was no or ſaid, that I told him there was no In-
dinary Warrant of Law to carry on Ju- tention of taking away the King's Life;
ſtice. Grotius faith, in caſe of Neceſ and beſides, it is but a ſingle Witneſs ;
ſity for carrying on Juſtice, there may I hope there muſt be two Witnelles in
be many Things allowed: I pray, where Point of Law, to convicta Man of
did Mr. Cook read of ſuch a Court as High Treaſon.
a High Court of Juſtice? There was L. C. Bar. Mr. Cook, you ſaid right
never ſuch a High Court of Juſtice read but even now, that if there was any
of in the Law: Then as this was a Thing in Matter of Law which the
Mock Court, ſo under good Favour it Court knows of, which may be of Ad-
was a Mock Juriſdiction. Was there
Was there vantage to you, they are of Counſel to
any Law under Heaven to put the King you, and ſo they ought to be.
to Death? Is it not out of the Compals Cook. I thank your Lordſhip.
of all Courts whatſoever to do it? And L. C. Bar. I ſhall repeat the whole
under good Favour, my Lord, this is Evidence, and begin with that firſt: (we
but to ſhelter a Man's ſelf under Colour
are upon our Oaths ;) The Witnelles
of Juſtice, to do the moſt execrable
that are againſt you, I took Notice of
Treaſon in the World: I have no more them; you have had a great deal of
to ſay to you.
Liberty, which you have made uſe of
L. C. Bar. I would repeat the Evi- civilly: But, Sir, for the Fact, I think
dence and your Anſwer to you, if you it is a great deal more full than as you
have any Thing new ſpeak to it. have anſwered. Firſt, The firſt Wit-
Coo?. This is new; it was ſaid by one, neſs produced againſt you, was Mr.
that if there had been no Charge, there Nutley, (I ſhall ſpeak only the material
had been no Sentence given in the Cafe; Parts that concern your Charge,) he
I ſay, that the Indictment or Charge is ſwears exprefly, that he faw Price a
no Part of the Trial, by the Statute of Scrivener, writing a Charge in the Court
Magna Charta : The Peers of the Land of Wards, that he ſaw his Charge in
Thall be tried by Peers, but are Indicted your Hand; he ſaw afterwards, when
by the Country; I conceive by what the King of bleſſed Memory was brought
they have ſaid, they do make me caſual as a Priſoner, that there you delivered
of the King's Death. It is ſaid in the the Charge in ; there is more than
Indictment, there was a Power ; I ſay Words, you delivered the Charge in,
this, I did not aſſume any Power ; it that alone is an Overt-Act; then if
cannot be ſaid, if Council be come into there was nothing elſe in that Caſe, that
an unlawful Power, that he takes the a Man in a Paper ſhould call the King
Power, bur ftands with Reſpect at the Traitor, Tyrant, Murtherer, and im
Bar. At Aflizes, Judgment pafles; the placable Enemy, as there the Words
Clerk of the Alizes he is not Inſtrumen are, and he deliver this Paper, and this
tal in taking away Life ; for that which be read, if this be not an Overt-Aft of
Mr. Starkey ſhould ſay, that I ſhould imagining and comparing the King's
King must die, and Monarcby Duath, I do not know what an Overt-
Act
fay, The
Tye TrYAL of the ReGICIDE Š. 109
rupt me.
Act is; and he gives further Evidence; Nutley himſelf, it is a baſe Buſineſs, but
if I miſtake, take free Liberty to inter- they put it upon me. He did diſcourſe
further to him of the Oaths of Allegiance
Cook. Sir, they were not my Words, and Supremacy, which he knew very
but their Words that commanded me. well, no Man better ; this Gentleman,
L. C. Bar. This I fay, that this very he very ingenuouſly confeſſed it; ſaying,
Thing alone, ſuch a Paper approved by I confeſs it is ſo, they put me upon it,
you, delivering this paper to an Affem I cannot avoid it; but then excuſes it,
bly, and requiring it may be read, this I am the Servant of the People. After-
is an Overt-Act to prove the Imagination wards he preſſed the King to anſwer po-
of
your
Heart for the Death of the King: fitively, whether Guilty, or not Guilty;
The Reaſon is, if the King Siould be a the preſſing of the King to anſwer, what
Tyrant, a Traitor, &c. it ſtirs up Ha was it in Effect, but to haften Judg-
tred in the People, and the Conſequen- ment? And that was to haſten his Death;
ces of that Hatred is the Death of the ſo that that is the Subſtarce of Mr. Nut-
Prince. The Next Thing that Mr. ley's Teſtimony, that he preſſed Judg-
Nutley' ſaid, was this, he ſaid that you ment; Judgment was demanded by the
demanded poſitively Judgment againſt Priſoner 'now at the Bır: it is not only
him, againſt the Bleſſed King, then Pri- demanded, but preſſed, and all the Cur-
ſoner at the Bar. I remember you ſaid, rent of the Witncffes at ſeveral Days are
that you did demand Judgment, but to this purpoſe: It is true, (that I may
that you did not demand Judgment repeat the whole for you, and againſt
againſt the King ; take it ſo, whether you, ) that this Gentleman, the Priſoner
you did or not, (though you ſhall find at the Bar, when Mr. Nutley did urge
in ſome other Witneſſes that I ſhall re this to him, ſaid, he hoped they did
peat that you ſaid Judgment againſt the not intend to take away the King's Life;
King,) the Conſequence will be the ſame; I verily believe they do not intend to
who could you demand Judgment againſt take away the King's Life ; I hope they
but the King ?. He was the Priſoner ;
do not.
But, Mr. Cook, it is no excuſe
becauſe he did demand a further Hearing to ſay you hope, or you believe they
by the Parliament, you urged that his will not, 86. How far it may be in
Charge might be taken pro confeſo, then ſuch a Crime, ſomething in Extenuation
it mult needs be Judgment againſt the in Foro Cæli, but not in Foro Civili;
King; it is effectively and implicitly the you opened it yourſelf, that if a Man
fame. He went further, and that was, ſhould go about to take the King Priſo-
that being your Friend and Acquaintance, ner, it is Treaſon; the Law adjudgʻd
and acknowledging your Parts as a Law that to be Treaſon; when you knew
yer, (which truly I do very much know they would condemn him as a Tyrant,
myſelf, and do know this Gentleman to Murtherer, &c. you muit eaſily believe
be a Man of very great Parts in his Pro what would follow ſuch a Condemnation,
feſfion,) he had familiar. Acquaintance t.uly Death ; this is' no Colour of Ex-
with you; he told you what a baſe Bu-
what a baſe Bu- cuſe in Foro Civili. Farrington ſwear's
ſineſs it was, and you did yourſelf to the fame Purpoſe, that he ſaw you,
acknowledge ; ſaid the Priſoner to Mr. having a Parchment in your Hands, de - 1
28
Е е
livering
IFO The TRYAL of the ReGICID E S.
livering it in, and praying it might be charge are ſo; but before you come to
read as a Charge of the People; you Concluſion, you Charge him as a Trai-
did not ſpeak, I deliver this in, as from tor, Tyrant, &c. Communis Hoftis ; af-
thoſe that deliver'd it to me; that was ter you had given that Charge, you de-
not in the Paper, that you ſaid of your manded Juſtice ; thoſe that fpit in his
ſelf; my Brethren will tell you all this Face, they demanded Juſtice ; every
is an apparent Point of the Imagination one knew what belonged to that Juſtice.
of your Heart ; at that Time he ſwears Then Baker, he ſwears poſitively that
the fame Thing, that you did deſire it you did exhibit the Charge in this Man-
might be taken pro confeſſo. Mr. Bo ner; he ſaid this, that you ſaid, you
durdo is the Third, he ſwears the ſame had exhibited a Charge of High-Trea-
Thing too; that you exhibited a Charge ſon, Bc. and that the King fought de-
of High-Treaſon againſt the Priſoner lays; there is your inſiſting upon it:
then at the Bar, and tells you the Sub He ſays further, that you ſaid theſe
ftance of it; he ſaith, that all but the Words, That you did deſire Judgment
Firſt Day you demanded Judgment for ſhould be given againſt him, and not ſo
not pleading to the Charge ; he adds,' much you, as the Blood that had been
that you complained of the Delays; I ſhed that cried for Judgment; truly,
am ſure that was not dictated to you; whether that was a Judgment that you
that could not be thought that you intended for Acquittal, that muſt be left
would defire Judgment for the Pri to the Jury. You aſked (becauſe I will
foner: It is very true which you ſay for repeat it in Order as my Memory will
your ſelf in that, that you did not de- give me Leave) whether there was any
mand it firſt, till it was demanded of other Words in the Charge than was in
the Court. Mr. Bodurdo tells you, and the Proclamation ? Mr. Cook, Whether
fo it was granted the Firſt Day, that there was any other Words or no, that
Bradbaw only ſaid it, but afterwards differed in the Proclamation; as it was
that you always demanded it. The next a great Sin and foul Fact in the Procla-
was Mr. Herne, he ſwears the ſame mation, ſo it was as foul in the Charge.
Words again, that you did in the Name Maſter Maſterfon ſwears the ſame too ;
of the Commons affembled in Parlia he heard you ſay the ſecond Day, you
ment, and the People of England, ex you had delivered a Charge (the Day
hibit a Charge, &C. Theſe are your before) againſt the King, and that he
own Words ; if you did exhibit a Charge had delayed his Anſwer ; you deſired he
againſt the King, to exhibit a Charge of might plead guilty, or not guilty; the
High-Treaſon, the very Thing followed; laſt Day, that you did in the Names of
if it were lo, there was Death, fo cer the Commons aſſembled in Parliament,
tainly there cannot be a greater Expref- and the People of England, demand
fion of the Imagination of a Man's Judgment againſt the King; and then
Heart than that is. It is true, you aſked another ſwears thoſe Words, Judgment
then a Queſtion, and that was, whether againſt the Priſoner at the Bar, which
that that you concluded, was not that was the King. Burden fwears
you deſired them to proceed according min'd him as a Witneſs againſt the King,
to Juſtice? It is true, the Words of the in what Place he was with the King ; it
"
you exa-
fcenis
The TRYAL of the REGICIDE S.
III
A
j
feems he was in the King's Army; he about the Charge ; that he did propound
fwears you gave him an Oath ; (it is it; he deliver'd the Charge ; and it ap-
Teſtimony fit to be believed ;) but how pears withal, that he demanded Judg-
ever, if you did not give the Oath, by ment; he deſired the King might
what you ſay yourſelf you may be by, anſwer, or that it might be taken pro
and aſked him the Queſtion. Maſter Confelo. Theſe are Overt-Acts to de.
Starkey, he tells you, that during the clare the Imagination of his Heart.
Trial, and before the Sentence, that The Anſwer of Mr. Cook, I will repeat
you, being an old Acquaintance of his it as clearly as I can ; becauſe nothing
in Gray's- Inn, and ſpeaking with him, ſhall go to the extenuating of the Fact,
he ſpake like a Friend to you; I bear but it ſhall be ſpoken. Mr. Cook, in
you are up to the Ears in this Buſineſs ; your Anſwer, your Defence that you
and whereas you talk of the People, there
talk of the People, there make, you ſet forth the Heads of this
is a thouſand for one againſt it; that you Indictment, and you ſet them forth
ſhould tell him again, You will ſeeſtrange very truly; the Heads are the Aggra-
Things, but you muſt wait upon God. vations of the Indictment, the Indict-
Theſe Words of waiting upon God, are ment was the Compaſſing and Imagining
Words of that Nature, People do uſe the Death of the King, you faid it was
them now-a-days when they would do upon theſe Grounds, that you did Pro-
ſome horrid Impiety, which hath been pound, Abet, and Conſult the Death of
the Sin of too many; it is but a Canting the King ; that you with others did al-
Language, that is the beſt Term I can fume Power and Authority to kill the
You told him then He muſt dye; King, and that thereupon a Perſon un-
this was before the Sentence ; (that is to known in a Frock did accordingly kill
be obſerved, Gentlemen of the Jury. )' the King. You ſay to the firſt Part, if
You ſay you did not know of the Sen- it did not appear that you did adviſe the
tence; you ſaid, He muſt dye, and Mo Death of the King, that you were not
narchy with him ; you muſt hear know, guilty : For that, Sir, as I told you be-
that ſome of thoſe Perſons that fate upon fore, taking them either complexly or
him ſaid, the King was a Gracious and ſingly, if any of the Particulars reached
Wiſe King ; and as Mr. Cook did ſay, to one of theſe Acts, it was enough ;
and they were the beſt Words they ſpoke, but it reaches to all: You required
and I think he thinks ſo in his Conſci- Judgment againſt the King as a Traitor,
ence; but in Concluſion, He muſt dye, and that with a Reaſon, and certainly
and Monarchy muſt dye with him ; others Death muſt follow: You ſay you were
ſaid, they did not hate King Charles, appointed to give your Advice ; you
but they hated Monarchy and Govern had a Proclamation firſt for Trial of the
ment; but Monarchy was the Thing King; you had the Order of Jan. 1o.
that they would behead. I think I have whereby you were appointed to give
done with the Evidence that was given your Advice ; if it were fo, it will be
againſt you; the Indictment itſelf was no Excuſe at all; the Proclamation
read ; the Overt-Act was the Meeting, gives you no Warrant at all ; he that
Propounding, and Conſulting about it. obeys' ſo wicked a Proclamation, it
It appears, he was in the Chamber will not fave him ; it appears that
5
you
I I2
The TRY A L of the REGICI D E S.
;
put
::
you were privy to this before the Coke's 3 Inſtitutes, the Caſe of Williams
Proclamation if
you were not at all, of the Temple ; there was a Book of
when ſuch a thing as this is, ſuch a Pro Treaſon in his own Study of his making:
clamation and Act, and ſuch a manner and he was indicted for it. Words
of Trial, as, I believe, though you in Writing is an expreſs Evidence of the
have read very much, you never heard Imagination of the Heart. You ſay it
of ſuch a thing in our Law, or foreign was dictated to you ; but when Words
Nations; that you thereupon ſhould take are written in a Charge, and your Name
upon you to be of Council againſt the to it, (which I had almoſt forgotten)
King, it aggravates the Fact: Other that's more than Words ; the Witneſſes
Men may be impudent and ignorant, ſwear the Likeneſs of your Hand ; no
but you that were a learned Lawyer, Man can ſwear more, unleſs he was
your being of Council doth aggravate preſent and ſee it; but you own-
the Thing. You ſay, Secondly, Byed the Charge, and there your Name
Law Words will not amount to Trea is; that beſides the two Witneſſes
fon; for that I would not have that go there is your own Action to prove
for Law by no means, though it be not it. When two Witneſſes ſhall ſwear it
your Caſe ; for you are not indicted for is like your Hand, and you own that
Words, but Words are Treaſon, and Charge, I muſt leave it to the Jury.
Indictments are often for it; but the You ſay you did this after Command,
Difference is this, the Indictment is not the Words were dictated to you ; the
of Words, but Compaſſing and Imagin- Words were conceptis Verbis, appointed
ing the Death of the King; Words are and ordered by the Court; but the
Evidences of the Compaſſing and Imagin preſſing was yours : He ſtands upon
De-
ing the King's Death ; it is the greateſt lays; let it be taken pro confeſſo, de-
Evidence ofthe Imagination of the Heart: manding Judgment; theſe were your
Words do not make a Treaſon, that is, if Words; another Man may dictate a
it be by Inference or Conſequence, but Thing, but you are not forced to ſpeak
reductively; but if it be immediately, I it: you urged it, owned it; you de-
fhall ſay to a Man, Go kill the King, manded not in the Name of the Court,
by that which is an abſolute, immediate, but in the Name of all the People of
neceſſary Conſequence, to ſay this is no England, you ſay farther, that your de-
Treaſon, I would not have that go for manding Juſtice is not within the Sta-
Law; your Caſe is not for Words, but tute; as I ſaid before, what can be the
for delivering a Charge; the Ground Effect of demanding Juſtice, but that
that you ſpeak of, Words may make a the King ſhoald dye upon thoſe Pre-
Heretick, but not a Traitor ; it was a miſes? You ſay farther, that it was in
witty Saying, but you have no ſufficient Behoof of the King, as you would urge
Authority for it; theſe are Words put it; to do the King a Courteſy, in aſk-
in Writing; we all know, if a Man ing the King might have Juſtice; but
put his Words in Writing, if a Man you did not name what Juſtice it was ;
ſpeak Treaſonable Words, and put them but you did him a Courteſy ; truly, the
in Writing, they have been ſeveral times King was but a little beholden to you
ad udged Treaſon: and fo in ny Lord for that Requeſt; all the World knows
what
The TRIAL of the RegicID E S.
113
li
what that demanding of Juſtice was, it at the Bar ; you faid; that before Sen.
was to have the King's Head cut off ; tence there was not an Intention to put
you went as far as you could ; it ended the King to Death ; to that Mr. Starkey
with you when you demanded Juſtice;
demanded Juſtice; ſwears, that you expreſsly faid, the King
that is, as, as far as you could, you cut muſt dye, and Monarchy with him, and
off the Head St. Paul, when the Wit this before the Sentence: Whereas yo
neffes laid down the Cloaths at his Feet, ſay this is but one Witneſs, that there is
he ſaid, I killed Stephen the Martyr. to be in Treaſon two Witneſſes; but
You ſay farther, That in all Tragedies that there ſhould be two Witneſſes to
the Accuſer or Witneſs, the Jury, the every Particular that is an Evidence of
Judge, and Executioner, are the only the Fact, that is not Law; if to one
Perſons; and you are none of theſe ; Particular that is an Evidence there be
you are only of Council ; if Juſtice was one Witneſs, another to another, here
not done, what was it to you? You faid are two Witneſſes within the Meaning
you did not aſſume a Power, there was of the Statute; two Witneſſes to the In-
only Eloquence required in the Council; dictment; Compaſſing and Imagining
it hath been truly ſaid, that this is a the Death of the King, being accompa-
great Aggravation to be of Council nied with other Circumſtances, this one
againſt the King; you ſaid his Majeſty Witneſs, if you believe him, is as good
was then a Priſoner, and accuſed : Coun. as twenty Witneſſes, becauſe other o.
cil cannot be heard againſt the King; vert-Acts are expreſsly proved by ſeveral
you undertake to be Council againſt the Witneſſes. You ſay next, for the draw-
King in his own Perſon, and in the ing of the Charge, in right Reaſon it
higheſt Crime; if the Council at the Bar ought to be counted for the Service of
in Behalf of his Client ſhould ſpeak the King: Firſt you do acknowledge,
Treaſon, he went beyond his Sphere: and truly very ingenuouſly, that in the
But you did not only ſpeak, but acted Time of Peace to bring him to the Bır,
Treaſon; you ſaid, you uſed not a dif not being a Priſoner, it is Treaſon,
reſpective Word to the King; truly, (you ſay it) according to the Law, and
for that you hear what the Witneſſes that you delivered the Charge for the
have ſaid ; you preſſed upon him ; you accelerating of the Charge ; and that it
called it a Delay; you termed him not was not done by you traiterouſly, you
the King, but the Priſoner at the Bar, ſay the King was a Priſoner before; and
at every word : You ſay, you did not you ſay what Hands he was in, in the
affume an Authority ; it is an Affump- Hands of Men of Power and Violence;
tion of Authority, if you countenance it had been your Duty to have delayed
and allow of their Authority: You ſay, it, not accelerated it, that there might
you do not remember you demanded have been fome Means of Prevention of
Judgment againſt the King; that is fully that Bloody Act that followed ; if you
proved againſt you; you yourſelf aſked knew that to be Treaſon to make him a
the Queſtion ; whether you did ſay Priſoner, Subjects do not uſe to make
againſt the King, he did not remember; Kings Priſoners, but Death follows.
but others poſitively, that you demanded You urge, in the next place, the Ad auf
Judgment againſt the King and Priſoner Indemnity, and that you are not except-
29
Ff
ed;
I LA
The TRYÅL of the REGICIDE S.
܀
ed; for that, you have made as much without that, if it were not fo; we ſay
of it as the Matter will bear; yet you when a Sentence is, or ſuch a one, or
muſt conſider, firſt, as a Rule in Law, ſuch a one, the third Or makes all dis-
that where they are General Words, junctive. Here are three Or's, firſt in
when they come to be explained by the ſentencing to Death, or ſigning the In-
Particulars, you ſhall not include them ſtrument, then comes this, or being
within the General: Mark the very inſtrumental in taking away the precious
Words, they are theſe; Provided that Life of our late Sovereign, &c. this Or
this Aet, nor any thing therein contained, doth clearly exclude the other two, or
shall extend to Pardon, Diſcharge, or inſtrumental not only in Point of Death;
give uszy other Benefits whaifoever unto but farther, being neither a Sentencer,
ſuch and fi:ch, (among whom you are Signer, or being Inſtrumental in taking
named) nor any of them, nor thoſe two away the King's Life; that is, being
Perjons, or either of them, who being any way Inſtrumental Truly, whether it
diſguiſed by Frocks and Vizards, did ap- be not Inſtrumental to exhibit a Charge
pear upon the Scaffold erected befcre White- againſt him, or complain of his Delays;
hall, upon the Thiriieth of January, 1648. aſk Juſtice againſt him in the Name
Al which Perſons, theſe are the Words of the People ; to do all this, and deſire
Firſt, It ſhall not extend to you; then that the Charge might be taken pro con-
it comes, All which Perſons for their felu; if this be not Inſtrumental, I
execrable Treaſon in ſentencing to Death, know nothing elſe but Sentencing and
or ſigning the Inſtrument for the horrid Signing : Some ſigned the Sentence,
Murther, or being inſtrumental in taking ſome the Inſtrument for Death. The
away the precious Life of our late Sove next Degree of being Inſtrumental, the
reign Lord CHARLES the Firſt of higheſt Degree of that, is to accuſe him,
Glorious Memory, are left to be proceeded to deliver in the Charge againſt him in
againſt as Traytors to his late Majeſty ac the Name of the People, do it again and
cording to the Laws of England, and are again, be angry at the Delays. The
out of this preſent Akt wholly excepted and next Thing is this, that you did not do
foreprized. Firſt, as I told you before, this falfo or malitioſe, but for your Fee;
and as it was very well faid by Maſter and that though there might be avaritia,
Sollicitor, admitting the Reaſon had there was no malitia in it; it was done
been miſtaken, and that you had not by your Profeſſion ;. you were not Ma-
been comprehended in the Reaſon, you giſterial in it; you thought the Confe-
are excepted out of the Body; Provided
quences that did follow, would not fol-
it Thall not extend, &c. Many times low. If a Man does but intend to beat
Laws do make Recitals, which in them a Man, and he die upon it, you know
felves are ſometimes falſe in Point of in Law it is all one : You muſt under-
Fact; that which is the Law is pofitive ftand there is a Malice in the Law; if
Words, the other Words are for the
a Man beat one in the Streets, and kill
Reaſon ; excepting all which, that is, him, though not maliciouſly in him, But
Maſter Cook, which Perſons are excepted, it is ſo in Law. That you deſire to
not for doing of it, but for his execrable have the Benefit of the King's Declara-
Crimes in being inftrumental. It is clear tion; that you did put it in your Petition
proving
The TRYAL of the REGICIDE S.
115
proving the ſame; that you were a Pri- is very true, you ſay if it be any Sembla-
foner before ; that the Commons in ble Treaſon we were not to judge upon
behalf of themſelves and the People of that, unleſs they were the Trcalons in.
England, they craved the Benefit of it, the Act
the Act, and it is moſt true ; now you
which was granted, excepting ſuch as would urge this, that this is but a Sem-
ſhould be by Parliament excepted; and blable Treaſon ; but you are Indicted
that the King ſhould mention a free
mention a free for the Compaſſing and Imagining the
Parliament; for this, it hath been fully Death of the King: If theſe Acts did
anſwered to you, and clearly by Mr. not tend to the Compaſſing and Imagi-
Sollicitor, that you are not at all concer- ning the King's Death, I know not what
ned in the King's Declaration at Breda. does; I am ſatisfied you are convicteil
For Firſt, it is nothing in Law, it binds in your Conſcience. The next Thing
in Honour ; and we have given the fame (for you have ſaid as much as any Man
Directions Yeſterday, upon the like can in ſuch a Cauſe, it is pity you have
Occaſion ; that is, that the King's De not a better, ) you ſay, though it was a
claration binds him in Honour and in tyrannical Court, as it is called, but
Conſcience, but it does not bind him in ſuch a Court it was, and there were Offi-
Point of Law, unleſs there were a Par cers you ſay, it had figuram judicii ; that
don granted by the Broad Seal; the aggravates the Fact to you, to your Pro-
Thing is cleared to you what Parliament feffion. There is a Difference between
the King meant by it; they were ſitting a ſtanding Court, and that which is but
at that Time, had acknowledged their named to be a Court ; this was but one
Duty and Allegiance to their King: they of a Day or Two's growth before, and
went ad uliimum potentiæ, for a free and you know by whom ; by fome that pre
abfolute Parliament, whilſt the King tended to be only the Commons; your
was abſent, though the King was away; Knowledge can tell you that there was
yet notwithſtanding the King declared never an Act made by the Commons af-
whom he meant; he directed one of ſembled in Parliament alone; and
you
thoſe Declarations, To our Speaker of may find it in my Lord Cook, that an
the Houſe of Commons; and another, Act by the Lords and Commons alone
To the Speaker of our Peers ; in this was naught, as appeared by the Records,
Cafe it was loquendum vt vulgus; it was Sir James Ormond was Attainted of
owned by him, as having the Name of Treaſon; the Act was a private Act, by
a Parliament; it was done with great the King and Commons alone, the
Wiſdom and Prudence, and ſo as it Lords were forgot; when the Judges
could be no otherwiſe; they that were came to try it, it was void
;
and another
Loyal Subjects ; acting in the King's in Henry the Vith’s Time ; you know
Abſence ; he conſenting to it; the King this was no Court at all ; you know by
owning that Authority; ſo he was obli a Printed Authority, that where a ſettled
ged in Honour; no further than his own Couri, a true Court, if that Court meda.
Meaning and Words: But there is ano dle with that which is not in their Cog-
ther Clauſe in that Act, excludes all theſe nizance, it is purely void ; the Miniſter
Perſons. The next Thing is this, you that obeys them is puniſhable; if it be
ſay the Statute of 25 Edward III, and it reaſonable Matter, it is Treaſon if
Mur-
Á
116 The TRYAL of the Regicide .
Murder, it is Murder. So in the Caſe not for an Antimonarchical Government;
of Marſhalſea and in the Common-Pleas, you proceeded againſt your own King,
if a Man ſhall begin an Appeal of Death and as your King, called him in your
which is of a criminal Nature, and ought Charge, Charles Stuart King of England.
to be in the King's-Bench, if they pro I think there is no Colour you
ſhould
ceed in it, it is void ; if this Court ſhould have any Benefit of the Letter, or of
condemn the Party convicted, and he the Equity of the Act. They had not
be executed, it is Murder in the Exe- all the Authority at that Time, they
cutioner, the Court had no Power over were but a few of the People that did it;
ſuch Things. You ſpeak of a Court: they had ſome Part of the Army with
Firſt, It was not a Court: Secondly, them; the Lords were not diffolved
No Court whatſoever could have any then ; when they had adjourn'd ſome
Power over a King in a coercive Way, Time, they did ſit afterwards ; ſo that
as to his Perſon. The laſt Thing that all the Particulars you alledge are againſt
you have ſaid for your ſelf is this, that you. The laſt Thing was this
, you ſay,
a łmitting there was nothing to be con that it having pleaſed God to reſtore the
frued of an Act or an Order, yet there King, Judgment ſhould be given for
was a Difference; it was an Act de facto Example, for Terror to others, that this
that you urged rightly upon the Statute could not be drawn into Example a-
of 11 Henry VII. which was denied to gain ; why? Becauſe by the Bleſſing of
fome, God forbid it ſhould be denied God, Peace was reſtored; no Probabi-
you: If a Man ſerve the King in the lity that if your Life was ſpared, that it
War, he ſhall not be puniſhed, let the would be drawn again into Example ;
Fact be what it will. King Henry VII. this is the weakeſt Thing you have
took care for him that was King de facto, urged; you muſt know the Reaſon.
that his Subjects might be encouraged There are two Things, the Puniſhment
to follow him, to preſerve them, what and Example: Puniſhment goes to the
ever the Event of the King was. Mr. Priſoner, but Example to the Docu-
Cook, you ſay, to have the Equity of ments of all others; God knows what
that Act, that here was an Authority de ſuch Things may be in After-Ages, if
fasto ; theſe Perſons had gotten the Su there ſhould be Impunity for them; it
pream Power, and therefore what you would rather make Men Impudent and
did under them, you do deſire the E Confident afterwards : If you have any
quity of that Act; for that, clearly the more to ſay, I will hear you ; if not, I
Intent and Meaning of that Act is againſt muſt conclude to the Jury. You hear
you, it was to preſerve the King de facto, the Evidence is clear for Compaſſing
how much more to preſerve the King and Imagining the Death of the King;
de jure? he was owned by theſe Men, you have heard what he has faid, and
and you, as King.; you charged him as what he hath done; he has examined
King, and he was ſentenced as King. Witneſſes againſt the King, that he was
That that King Henry the VIlth did, by at the drawing of the Charge where
was to take care of the King de foeto, it was drawn ; you hear that he exhibited
againſt the King de jure; it was for a this Charge in the Name of the Com-
King and kingly Government, it was mons afſembled in Parliament, and the
4
good
The TRIAL of the REGICIDE S. 117
.
good People of England; and what this Cook. Do not miſtake me, my Lord,
Charge is; it is High Treaſon, and I mean ſo far as to excuſe me in the Point
other High Miſdemeanors; you find of High-Treaſon.
that he does complain of Delays, does L. C. Bar. We delivered our Opini-
again and again ſpeak of 'this Charge, ons as to that formerly; we were of Opi-
degre it may be taken pro confeſo: In nion, that the acting by Colour of that
the cloſe of all, it was not ſo much he, pretended Authority was ſo far from
as Innocent Blood that demanded Juſtice; any Extenuation, that it was an Aggra-
this was more than was dictated to him. vation of the Thing;
vation of the Thing; the meeting by
You have heard the Witneſſes; he was that Authority was Treaſon, and in them
perſwaded to forbear; acknowledged the that acted under them, and approving
King to be a gracious and wiſe King; of it, the making of that traiterous pre-
the Oaths alledged againſt him, and you tended Act, making the Proclamation,
have heard his Excuſe: I have nothing fitting upon it, they were all ſo many
more to ſay; I ſhall be very willing to Treaſons; that was the Reaſon why thar
hear you further; I have not abfolutely was urged againſt you, aſſuming upon
directed the Jury.
you the Power, that was your approving
Cook. I do humbly acknowledge your of their Power by acting under them
Patience in hearing me, and that your ſo that there is nothing more to be faid.
Lordſhip hath truly and juſtly ſtated Gentlemen of the Fury, you have heard
both Proofs and my Anſwer. If your the Indictment was for Compaſſing and
Lordſhips are pleaſed to lay aſide theſe imagining the Death of the King ; you
Acts, or Orders, or Authority, whereby have heard the ſeveral Overt-Acts repeat-
I did at that Time, truly, conſcientiouſly ed, and whether theſe are guilty of
Act, and did think that it would bear Treaſon to deliver in a Charge againſt
me out, if you lay aſide that, and look the King, ſuch a one as that was in theſe
upon it as ſo many Men got together Words, As againſt a Traitor, Tyrant,
without Authority; and as well thoſe Murderer, and implacable Enemy to the
that were Inſtrumental, though not Sen Commonwealth; in theſe very Words, to
tencers or Signers; and that Clauſe in deſire Judgment againſt the Priſoner
the Act, I confeſs I humbly make bold (then the King) at the Bar, angry at
to ſay, I have not received Satisfaction Delays, to deſire the Charge might be
in my Judgment; thoſe very Words of taken pro confello, to have it expreſy
not ſo much I, as the. Innocent Blood cries again and again to demand Judgment,
for Juſtice, were dictated to me; there if theſe be not Overt-Acts of Compaſſing
was nothing at all left to me, becauſe and Imagining the Death of the King,
his Majeſty did not plead; there was no and that which hath been ſaid by the
Trial; that which I did was according Witneſſes, it muſt be left to you: I
to the beſt, though it may be according think you need not go from the Bar.
to the weakeſt Part of my Judgment : 1 Jury went together. Silence is 2003-
have no new Matter.
manded.
L. C. Bar. You have ſaid no new Clerk. Are you agreed of your Ver-
Matter, unleſs it be worſe than before, dict?
for now you warrant that Authority. Fury. Yes.
30
Clerik,
Gg
118 The TRYAL of the R EGICIDE 8.
Clerk. Who ſhall ſpeak for you? Hand. Look on the Priſoner, you that
Jury. The Foreman.
are ſworn, 6c.
Clerk. John Cook, Hold up thy Sir Edw. Turner to the Jury. You
Hand. Look upon the Priſoner at the have often heard repeated to you, that
Bar, how ſay you, is he Guilty of the the ſubſtantial Part of the Charge is the
Treaſon in Manner and Form as he Compaſſing and Imagining the Death
stands Indicted, or Not Guilty ? of the King; and all the reſt will be
Foreman. Guilty.
but Evidence to prove that Imagination
Clerk. Look to him, Keeper. againſt the Priſoner at the Bar, whom
Clerk, What Goods and Chartels? we will prove to be a principal Actor in
Jury. None that we know of. this ſad Tragedy, and next to him whom
God hath taken away, and reſerved to
his own Judgment; and we ſhall en-
deavour to prove, that he was a chief
Conſpirator with Cromwel at ſeveral
Times, and in ſeveral Places; and that
The Trial of Hugh Peters, the it was deſigned by them: We ſhall
Same Thirteenth of October, prove, that he was the principal Perſon
and at the ſame Bar.
to procure the Soldiery to cry out, Juf-
tice, Juſtice, or aſſiſt or deſire thoſe for
the taking away the Life of the King.
Clerk of the ET Hugh Peters to thre He did make uſe of his Profeſſion,
Crown. Bir he was brought wherein he ſhould have been the Mi-
accordingly.
niſter of Peace, to make himſelf a
Hugh Peters, Hold up thy Hand; Trumpeter of War, of Treaſon and Se-
thou ſtandeſt Indicted, &c. if you will dition, in the Kingdom: He preached
challenge any of the Jury, you muſt many Sermons to the Soldiery, in direct
challenge them when they come to the Terms for taking away his King, com-
Book, before they are Sworn.
paring the King to Barabbas: He was
L. C. Bar. Mr. Peters, you may chals inſtrumental when the Proclamation for
lenge to the Number of 35 peremptorily, the High Court of Juſtice (as they cal-
bụt beyond that you cannot, without led it) was proclaimed, directing where
good Cauſe ſhewn; and you may have it ſhould be proclaimed, and in what
Pen, Ink, and Paper.
Place. When the King was brought
Peters. My Lord, I ſhall challenge upon the Stage, that Mock-work, he
was the Perſon that ſtirred up the Sol-
Jury ſworn 12, Sir Jer. Whitchot, diery below to cry for Juſtice. We
James Hally, Chriſt. Abdy, Nich. Rain ſhall fnew you, as he preached at fe-
ton, Rich. Cheyney, Jo. Smith, Rich. veral Times upon ſeveral Occaſions,
Abel, G. Terry, Char. Pickern, Jl. ſtill he was in the Pulpit to promote
Nichol, Fran. Dorrington, Anthony this Buſineſs; the next Day after be
Hall.
was brought to Trial, he commends it:
Clerk. Hugb Peters, Hold up thy You ſhall hear all out of the Mouth of
che.
I
SBT
;
· none.
The TRY AL of the REGICIDE 6.
1.19
the Priſoner, therefore I ſay no more ; the Blood Royal ; not only againſt our
call the Witneſſes.
Martyred King, but againſt his Royal
Dr. William Young ſworn. Offspring. Still as we continued our
Council. Tell my Lord and Jury what Acquaintance, he became more and
the Priſoner at the Bar has declared to
more open to me;
ſo we would ſit up
you concerning the Contrivance of bring diſcourſing (till about Twelve or One
ing the King to Trial.
of the Clock at Night very often) about
Dr. Young. My Lords, and Gentle. theſe unhappy Wars late in England,
men of the Jury, it was near about (and At laſt, my Lord, I found him that he
chat the Priſoner may remember) the began to tell me, how he came into
Month of July 1648, ſince we came England, and upon what Account he
firſt acquainted, when he went over to came out of New England. I ſhall de-
Ireland; it was about the Siege of Pem- fire, in regard that his Diſcourſes were
broke Caſtle; but afterwards, in the various, that I may deliver them or-
Year 1649, we renewed our Acquaint- derly; they were delivered to me with-
ance: He went over into Ireland with in the Compaſs of Ten Weeks, but the
that Ulurper, the late Protector, as he Days and Weeks I cannot remember.
was called, after the Town of Wexford Firſt, he told me (diſcourſing of New-
was taken; coming over he fell fick of England and the Clergy there, and
the Flux, and ſaid he received it by In much of the Clergy here in England,
fection, praying over Captain Horton : and of the Buſineſs here of Reforma-
Coming into Milford, that Captain ſends tion) he told me, that for the driving
a. Summons to me to come on board; on of this Intereſt of this Reformation,
that was to fetch this Priſoner at the he was employed out of New-England
Bar, who was ſick. I found him there for the ſtirring up of this War, and
groveling upon the Deck, and fick he driving of it on; this I ſhall, my Lord,
was indeed : With much Difficulty we ſpeak to in the firſt place, and that up-
got him on Shore; within a very few on the Oath I have taken: And, fe.
Days (to the beſt of my Remembrance condly, he was pleaſed at another Time
five Days) I perfected his Cure: We to acquaint me, and that by way of
became very familiar; I obſerved in. Compliment, complaining then againſt
him, that he had ſome ſecret Thoughts the Parliament, ſaying, That ſome Time
that I could not well diſcover, neither after he was come into England, he was
well underſtand; whereupon I thought fent over into Ireland by the Parliament
it might tend to my Security, that I 'to receive farther Inſtructions to drive
ſhould ſo much fympathize with him, on the Deſign to extirpate Monarchy;
to get within him to know his Inten- faith he, I did diſpend a great deal of
tions. After ſome Weeks, (for he con my Money, yet never had that Satis-
tinued with me ten Weeks, or near faćtion from tham which they promiſed
thereabouts, ſome few Days rather over me; that was, they promiſed ine 2 or
than under) we grew ſo familiar, that 3000l. for my Journey; and yet they
at laſt I found he began to enlarge his have given me no more but only a ſmall
Heart to me.
Many times I ſhould Pittance of Land out of my Lord of
hear himn rail moſt inſufferably againſt Worceſter’s Eftate in Worcejlerſhire. I
have
120 'The TRY AL of the R EGICI D'E S.
have reen his Letters directed to this and at laſt came up to this: When he
Kinſman here in London, as I take it was taken away frorn Holmby Houſe,
his Name was Parker, adviſing him for the Parliament had then a Deſign to
the ſettling of this Land, and ſelling it. have ſecured Oliver Cromwel and my
Thirdly, My Lord, I have obſerved, ſelf, being then in London ; faith he,
that by way of Vilification of the Mo we having Intelligence of it, eſcaped
parchical Government, I have found out of London, and rode hard for it:
him jocundarily ſcoffing at it, and would and as we rode to Ware we made a
ordinarily quibble in this manner, ſay- Halt, and adviſed how we ſhould ſettle
ing, This Commonwealth will never be this Kingdom in Peace, and diſpoſe of
at Peace till 150 be put down. I aſked
down. I aſked the King; the Reſult was this, They
him what this 150 was, he told me fhould bring him to Juſtice, try him
three ['s, and afterwards interpreted for his Life, and cut off his Head. Whe-
the Meaning to be the Lords, the Le ther this was the Expreſſion of Crom-
vites, and the Lawyers: With that, well, I cannot tell; but to the utmoſt
ſaid I, we ſhall be like Switzers, Tin- of my Remembrance, and I am miſ-
kers, and Traytors. Now, my Lord, taken, if it was not the Advice of Mr.
..We are come to the laſt particular: We Peters to Cromwell; and I believe it.
diſcourſing thus frequently, and withal becauſe his former Relation, of his In-
he was then a Colonel, and had a Com- ftructions out of Ireland did tend to
miffion under that Uſurper Oliver, and that Effect.
brought over his Commiſſion for raiſing Mr. Soll. Gen. I will aſk you this Que-
of Soldiers to foment that War in Ire- ftion; we will not preſs you particularly
land; that it was ſo, I appeal to the upon your Memory; Whether Cromwel
Dictates of his own Conſcience, and or Peiers ſaid the Words ? Do you re-
whether he did not preſs me very im- member he confeſſed to you they were
portunately to accept of a Commiſſion agreed upon that Matter ?
of a Major, or a Captain : He did iſſue Young. They did conſult and agree
forth two Commiffions under his own
Hand, one of them to bring over from Peters. My Lord, I deſire to ſpeak a
Devonſhire two Foot Companies unto · Word, (his Voice being so low, he was
Cork. My Lord, Becauſe we were Mi- brought to the ſecond Bar:) I am the bol-
litarily affected, amongſt the Diſcourſes der to ſpeak to your Lordſhip at this
of our unhappy Wars, I know not how: time a word, and it is high cime to ſa-
it came from him, it being near Eleven tisfy my Conſcience ; if theſe Things
Years ſince, and I have had many Suf were true, there is enough ſaid to deſtroy
ferings incumbent on me, ſo that I may me: I deſire Leave to tell you what
fail in ſome Particulars, but in general Offence I take at the Witneſs, thus, my
thus it was : We were diſcourſing con Lord. This Gentlemen I do know-
cerning our Martyr'd King, as then Council. What ſay you to him?
we call'd him, and of his impriſonment Peters. That which I have to ſay is
in Holmby Houſe, which I wondred at: this, That in his Story he hath told that
Thus we diſcours'd; he told me the which is not true ; but I will not find
Story how they had us’d him at Holmby; fault with him, becauſe he was my Hoft:
upon it.
I will
The TRIAL of the REGICIDE S. I 2.1
1
you have
I will not reflect and recriminate ; I Communication this way than I have
Thall give your Lordſhip in Simplicity been ; it is marvelous, here I profeſs the
as much Satisfaction myſelf as any Wit- things Untruth's ; I call God and Angels
neſs; this I ſay to the Man that ſpeaks; to witneſs they are not true. .
I will give
and this is certain, I did ſpend ſome you an Account of my whole Condition
time at this Gentleman's Houſe; he is by and by, if I may be heard.
called there Dr. Young ; and iny Trou Court. You Thall be heard at large";
ble at this Diſcourſe is this; I do not that which you have been heard now, is
know, my Lord, that I found a more concerning the Competency or Incom-
violent Man for the Parliament than
petency of the Witneſs: The Incompe-
himſelf; ſo far he undertook to be a tency againſt him is this, That when
Spy on one side ; this I find to be fo, you came thither none more violent for
he will not deny it; he was very fierce the Parliament than himſelf, and that
in that Way ; I think Words of ſuch a he was a great Spy, and you ſay it is
Man ought to be little attended to. The uſual with him to take ſuch Courſes ;
Second is this, This Gentleman is not a there are but Words: If
any
competent Witneſs, and that upon a Witneffes, we will hear them ; the Min
twofold Ground. Firſt, becauſe I know
Firſt, becauſe I know may be traduced and Nandered, and fo
he is under a very great Temptation and all Witneſſes may be taken away.
Trouble in this very thing, and it is Court. Mr. Peters, If you take this
upon this Account he was put out of his Courſe, God knows when this Buſineſs
Living in the Country, and here he wilt end; if you have a mind, take
caine to me to help him in again, and Pen, Ink, and Paper, and take Nores
was very highly offended becauſe I did of the Witneſſes, and make Exceptions
not do it. Secondly, It is not that I to them one after another ; but inter-
would invalidate bis Witneſs, but give rupting one, and ſo another, we ſhall:
me Leave to tell you, it is his way to never have done.
înap and catch at every Man, which is Young. I do recolleet myſelf of ſome
the Complaint of the People in his own
other Conferences between us; as to my
Country. I know that ſame which is being malicious, I know he never did
ſpoken is falſe ; I ſpeak it in the Preſence me any Wrong, and therefore I cannot
of God, I proefs I never had any near be malicious; and as for my Reputation,
Converſe with 0. Cromwell about ſuch having reſided two Years in London, I
Things; I ſpeak this to the Jury, that can have Certificates both from my
that they would have a care of the Wit. Country, and ſome of this City, to vin-
I was in Sickneſs then; thoſe dicate me in that Particular ::-But, my
that have known me, do know likewiſe Lord, that whichI would inform your
I have much Weakneſs in my Head Lordſhip is this; He told me, he took
when I am ſick, and to take Words that Duke Hamilton a Priſoner him felf in his
are ſpoken in a fick Condition, he ought own Chamber, ſeized on his Gouds, and
not to do it ; for the words themſelves, took his George and Blue Ribband off
I do here profeſs againſt them, for the his Shoulder, and this George. he ſhewed
Generality of them ; and that he hath me,
been freer, in my Judgment, in any
31
Hh:
Wybern:
.
neſs.
I 22
The TRYAL of the R EGICI D E s.
Wybern Gunter Sworn.
Peters. I never wore a great Sword in
Council. Mr. Gunter, What can you my Life.
ſay concerning a Meeting and Conſul-
Mr. Starkey Sworn.
tation at the Star in Coleman-ſtreet? Starkey. My Lord, in the Month of
Gunter. My Lord, I was a Servant December, before the King died, in the
at the Star in Coleman-ſtreet with one Beginning of that Month, and ſo to.
Mr. Hildeſley; that Houſe was a Houſe wards the 12th of January following,
where Oliver Cromwell and ſeveral of the Head Quarters of the Army were at
that Party did uſe to meet in Conſulta- Windfor, and Mr. Ireton, that is dead,
tion; they had ſeveral Meetings: I do (who was General Officer of the Army,
remember very well one among the reſt, was quarter'd at my Father's Houſe there,
in particular that Mr. Peters was there; and by Reaſon of his long Reſidence
he came in the Afternoon, about Four there, being about Two Months, (his
a-Clock, and was there till Ten or E Wife was there too,) my Lord, this
leven at Night: I being but a Drawer, Gentleman, Mr. Peters, he likewiſe
could not hear much of the Diſcourſe; quartered in another Place in that Town,
but the Subject was tending towards the and Cromwell himſelf was quarter'd at
King, after he was a Priſoner, for they one Mr. Baker's that lay low in the
called him by the Name of Charles Town; ſo that in Truth, my Father's
Stuart: I heard not much of the Dif Houſe being near the Caſtle, and there
courſe; they were writing, but what I being in it a large Room, and in reſpect
know not, but I gueſſed it to be ſome that Mr. Ireton was quartered there,
thing drawn up againſt the King, I per- uſually the Council of War fate there.
ceived that Mr. Peters was privy to it, My Lord, I was then in the Houſe con-
and pleaſant in the Company.
ftantly; beſides this Council of War,
Court. How old were you at that which did commonly fit there, I did
Time?
obſerve, that Cromwell, Ireton, and this
Gunter. I am now Thirty Years the Gentleman, Mr. Peters, and one Co-
laſt Bartholomew-Day, and this was lonel Rich, and a fifth Perſon, whoſe
in 1648.
Name I have forgot, did uſually meet
Court. How long before the King and conſult together, and would ſit up
was put to Death?
till Two or Three a-Clock in the Morn-
Gunter. A good while; it was ſud- ing, very privately together; this was
denly, as I remember, Three Days be their uſual Courſe when their Council of
fore Oliver Cromwell went out of Town. War ſate. Mr. Ireton came in to Sup-
Péters. I was never there but once per, but went out again : There were
with Mr. Nathaniel Fiennes.
Guards upon them.
them. After this Time it
Court. Was Cromwell there?
happened ſo, that I was often in Mr.
Gunter. Yes.
Ireton's Company, where Mr. Peters
Council. Was Mr. Peters there any coming to him, was very often at Meals
oftner than once?
there, but eſpecially at Nights, by Oc-
Gunter. I know not, but once I am caſion of that.
certain of it; this is the Gentleman, for Mr. Ireton, being civil in Carriage,
then he wore a long Sword.
would uſually entertain Diſcourſes with
***
!
Ms.
i'
The TRY AL. of the Regicides. 123
Mr. Peters, likewiſe would favour me Wife, and another Officer being at
fometimes with Diſcourſe ; and in that Supper, and afterwards my Father ſaid
Diſcourſe I did many Times take Occa- Grace, and as he uſually did, though
ſion to aſſert the Laws in Point of the they were there, he ſaid that uſual and
King; and diſcourſing about the King, honeſt Expreſſion, praying for the King
as being a Capital Inſtrument in the late in theſe ufual Words, God ſave the King,
Inconveniences as they called it, in the Prince, and Realm: Sometimes they did
Times of the War, Mr. Ireton would laugh at it, but never did reflect upon
diſcourſe this ordinarily; I was bold to hin; but this Night he made this Ex-
tell them, that the Perſon of the King preſſion, God ſave the King's moft Excel-
was folutus legibus : This Gentleman, lent Majeſty, and preſerve him out of the
the Priſoner at the Bar, told me, it was Hands of all bis Enemies. Peters, who
an unequal Law. I did obſerve Mr. was then at the Table, turns about to
Peters, that he did bend his Diſcourſe, him, and ſaid, Old Gentleman, your Idol
not by Way of Argument only, but in will not ſtand long : I do conceive, he
Point of Reſolution of Judgment, fully meant it of the King. For a Matter of
againſt the Perſon and Government of Two Months of the conſtant Reſidence
the King. I remember fome of his Ex- and being of the Army there, and in
preſſions were theſe, That he was a Ty- this private Cabal, (after the Buſineſs
rant, that he was a Fool, that he was was broke out, and when the King was
not fit to be a King, or bear that Office: taken Priſoner, and carried to Windſor,)
I have heard him ſay, That for the Of Mr. Peters was the conſtant Man: And
fice itſelf (in thoſe very Words which when the Buſineſs broke out, I looked
fhortly after came into Print,) that it upon it in Reaſon, that Cromwell, Iren
was a Dangerous, Chargeable, and Uſeleſs ton, and this Gentleman at the Bar, and
Office. My Lord, the conſtant Dif- Rich, and that other Gentleman whoſe
courſe of this Gentleman at that Time Name I have forgot, that they were the
was ſuch, as he did believe would never Perſons that did the Buſineſs. My
be call'd into Queſtion; ſo that it was Lord, Mr. Peters he continued at Wind-
not a Thing that a Man was neceſitated for: I remember very well, that after
to obſerve by an Accident, but it was the Body of the Army, the General, and
their full and whole Diſcourſe. I will the Officers of the Army, were gone to
put you in Mind of a particular Paſſage: London, he continued in Windſor : I
When the News came to Windſor, that remember a Paſſage of one Bacon, who
the King was in Priſon at the Iſle of was a Sectary; Mr. Peters being in
Wight, my Father, whoſe Houſe that Diſcourſe of the King, Mr. Bacon took
was, was very much troubled at it; and great Diſtafte at Mr. Peters for ſome
being an ancient Man, was not able to Affront put upon the King; Mr. Peters
controul his Paſſions with Reaſon, told falls upon him, and rails at hin, and
my Mother, That they (meaning Mr. was ready to beat him : We underſtood
Ireton, &c.) ſhould have no Entertain- it ſo, becauſe he did tell him of his af-
ment there, and took the Key of the fronting the King.
Cellar and put it in his Pocket : His Council. Mr. Peters, if you have any
Paſſion being leſſened, Mr. Ireton, his Thing to aſk this Witneſs, you may.
4
Peters.
124
The TRY A L of the REGICIDE S.
::
· Peters. I have many Things to aſk he, He is coming on this Side Brentford.
him. Did I ever lie there?
I went to the farther End of St. James's
Starkey. No.
· Corner, and there I met ſome of the
Peters. Did you ſee me there at Three Army coming, and then I faw his Ma.
a-Clock in the Morning ?
jeſty in his Coach with Six Horſes, and
Starkey. I have ſeen you go up at Peters, like Biſhop Almoner, riding
Ten a'Clock at Night to Mr. Ireton's before the King triumphing; then after
Chamber; and ſometimes I underſtood that, in St. James's Park, I ſaw Piters
you did not go away till Pour a-Clock marſhalling the Soldiers, and I was for-
in the Morning: I went to Bed, it's ced to go about.
ced to go about. My Lord, this is all
true, but I underſtood it fo.
I can ſay concerning that: I remember
Thomas Walkeley Sworn.
one Thing fürcher of him, I heard him
Council. Give your Teſtimony what in Weſtminſter-Hell ſay, within a Year
Conſultation you have had with the Pri or Two after the Army was railed, If
foner at the Bar.
we can keep up our Army but Seven Years
Walkeley. I came out of Eſex in at longer, we need not care for the King and
Aldgate ; juſt as I came in, a Procla all bis Poſterity.,
mation was read for Trial of his late
Mr. Proctor Sworn.
Majeſty: I went down the next Day Proctor. I having Occaſion to go from
to the Painted Chamber at Weſtminſter, London to Windfor the Day that the King
where I ſaw Oliver Cromwell, John was brought from thence a Priſoner ; a
Goodwin, and Peters, and others; John little on this Side Brentford I ſaw a great
Goodwin ſate in the Middle of the Ta- Troop of Horſe; I did conceive what
ble, and he made a long Speech or the Cauſe was, having heard the King
Prayer, I know not whether ; but Mr. was to be brought up to his Trial. A-
Peters ſtood there : After John Goodwin ter I had paſſed fome Number of Hor-
had done his Prayer, it was deſired that fes, at laſt I eſpied the Priloner at the
Strangers might avoid the Room; then Bar immediately before the King's Coach,
came up Cook and Duriſlaus, and Hum- fingly riding before the Coach-Horſes,
phreys, and Aſke, and Dendy, and fore- and the King fitting alone in the Coach.
ral others, and ſtood by Brodſhaw, at My Lord, I did put off my Hat, and
End of the Table; but Cr012. he was Graciouſly pleaſed to put off his
well ſtood up and told them, it was not Hat. The Troopers ſeeing this, they
neceffery that the People ſhould go out; threw me into the Ditch Horſe and all,
but that was over-ruled; and fo I went where I ſtaid till they paffed by, and
out, and ſtaid their Riſing, and ſaw this was glad I eſcaped lo.
Gentleman, Mr; Feters, come out with
Hardwick Sworn.
them. After that, when the King was Council. When the Proclamation was
brought to Town a Priſoner, the Lord read in Weſtminſter. Hall for Trial of the
Carew, a very honourable Perſon, meet- King, did you ſee Mr. Peters there?
ing with me, faith he, Walkeley, if you
Hard; I was in the Hall when that
will fee your Old Maſter, go now, or uglyProclamation was proclaimed, where
elſe it may be, you will never ſee him. I law Dendy, King, and that Gentleman,
Where is be, my Lord? faith l; faith the Priſoner at the Bar, in the Hall:
After
*
The TRIAL of the REGICIDE S.
125
2
After the Proclamation was proclaimed, Chamber, at Sir William Brereton's, at
the Priſoner at the Bar came out into the Deanery, in Conſultation with
the Palace-Yard, and told them, Gentle- Bradſhaw, and you were admitted, and
men, faith he, (a great many Officers no Man elle, as I know, unleſs Sir
and Soldiers being there,) all this is William Brereton, who came along with
worth Nothing, unleſs you proclaim it in you.
Cheapſide, and at the Old Exchange.
Thomas Richardſon Sworn.
Council. Explain yourſelf, What Pro Richardſon. My Lord, the Firſt Day
clamation do yo mean?
that this Court of Juſtice (as they called
Hard. The Proclamation for the High it) did adjourn, I went up into the Court,
Court of Juſtice.
and I ſaw the Priſoner at the Bir with
Holland Simpſon Sivorn. ſome more ſtanding in the Court, and I
Council. What do you know concer came and ſtood clofe by him, and ſome
ning the Priſoner at the Bir?
with hin, whom I did not know; I
Simpſon. I do know Mr. Peters very heard him commend Bradſhaw, the
well, I have known him theſe II or 12 Carriage of him in the Trial of the King;
Years : When the High Court of Juſtice and another, Cook's Carriage; to be
was ſitting, both in the Court and ſhort, Mr. Peters, holding up his Hands,
Painted-Chamber, I ſaw this Gentlenian faid, This is a moſt Glorious Beginning of
in Conſultation there, and at ſeveral the Work.
other Places; at Sir William Brereton's, Sir Jeremy Whichcot Sworn.
and otherwhere.
Whichcot. My Lord, I have by Ac-
Council. Did you ſee him at the cident, not by Choice, been ſeveral
Trial ?
Times in Mr. Peters's Company: truly,
Simpſon. I ſaw him, but not as a -I have heard him ſpeak very fcurrilouſly
Judge. There was one Day in the Hall of the King; amongſt the reſt, he was
Col.
Stubbards, who was Adjutant-Ge- making fome Kind of Narration of
neral, (he was a very buſy Man,) and Cromwell making an Eſcape, and that
Col. Axtel; Mr. Peters going down the he was intended to be ſurpriz'd; That if
Stairs, comes to him, and bids Stubbards he had not preſently gone away, he had
to command the Soldiers to cry out been clapt up in the Tower, and declared
Juſtice, Juſtice, againſt the Traitor at a Traytor: He ſaid there was a Meeting
the Bar,
of the Officers of the Army, where he usd
Council. Who did he mean?
this Expreſſion,
" And there we did re-
Sim. The King was at the Bar at the “ Solve" to ſet aſide the King.", My
ſame Time; whereupon, My Lord, the Lord, after this (it was at another Time)
Soldiers did cry out upon the ſame; and he was ſpeaking of that which they
as the King was taken away to Sir Robert called the High Court of Juſtice ; and I
Cotton's, ſome of them ſpit in the King's do very well remember this was his
Face, but he took his Handkerchief, Expreſſion of it ; I cannot but look upoir
wiped it off, and ſmiled.
this Court with a great Reverence, for .
Peters. I do not know this Gentle- it doth reſemble, in ſome Meaſure, the
man ; did he ever ſee me?
Trial that ſhall be at the End of the World
Sim. Yes, divers Times in the Painted by the Saints. This is all that I perfectly
32
I i
re.
I 26
The TRYAL of the R EGICID e s.
remember ; it was a great while ago ; II take it) with the Hangman. I am
cannot ſpeak more punctually; I have ſure I did ſee him go along with the
ſeldom heard him ſpeak of the King, Hangman to take Water. This is all I
but of the Tyrant: I remember one can remember, it being many Years
Time he was ſaying, he would have ſince.
preached before the King, but, ſaid he, Peters. I humbly beg I may be heard
the poor Wretch would not bear me. in this Cafe ; I have here a Witneſs,
Richard Nunnelly Sworn.
and I deſire he may be examined : It is
Council. Was Peters upon the Scaffold noiſed I was upon the Scaffold, I here
at the Time of Execution, or before? call God to witneſs, I was not out of
Nun. On that unhappy Day, 30th of my Chamber that Day: I was ſick that
January, 1648. this Hugh Peters came Day: I ſpeak it in the Preſence of the
an Hour before the King came to White Lord.
ball; I came with a Warrant of 40 or Court. If your Witneſs will ſtay he
50000 l. to Oliver Cromwell, being ſhall be heard. There are more Wit.
Door-keeper to the Committee of the neſſes to the ſame Thing, and ſo he may
Army: Nunnelly, ſays Oliver Crom- ſpeak to all together.
well, will you go to Whitehall ? Surely,
Dr. Mortimer Sworn.
you will ſee the Bebeading of the King. Mortimer. Me Lar, me ha ferd de
And he let me into Whitehall; coming King, &c.
into the Boarded Gallery, I met Hugh Court. We cannot underſtand a
Peters, and he was in the Gallery: And Word.
then I got with Hugh Peters into the Council. He is a Frenchman, my
Banqueting. Houſe; being there, Hugh Lord.
Peters met one Tench of Hounſditch, that Court. Pray let there be an Interpre-
was a Joiner ; meeting him, he ſpeaks ter.
to him, and whiſpers in his Ear, and One Mr. Young was Sworn to inter-
told him ſomewhat, I do not know what pret truly his Evidenge. But it being
it was; but Tench preſently went and afterwards found difficult and troubleſome,
knocked Four Staples upon the Scaffold : the Council waved bis Evidence, and
I meeting Tench again ; What art thou prayed another Witneſs might be called.
doing, ſaid I? What will you turn Harg Dr. Mortimer. „Me Lar, me can peak
man? Says he, This Day will be a happy
happy Englis
Day ; faid I, Pray God fend it be not a Court. No, no, pray ſit down, we
bloody Day. Upon that Hugh Peters will examine other Witneſſes; call
went upon the Scaffold juſt an Hour be- Stephen Clough.
fore the King came, and then he went
Stephen Clough Sworn.
off again. I watched at the Window Council. What do you know of Hugh
when the King's Head was cut off, and Peters.
afterwards I ſaw the Vizards going into Clough. My Lord, and Gentlemen of
a Chamber there. About an Hour af the Jury, in 1648 I heard of a Meeting
terwards (I ſtaying at the Door) there of the Council of Officers at Wej? minſter,
comes Hugh Peters in his black Cloak I think in the Painted-Chamber, and I,
and Broad Hat out of that Chamber, (as willing, my Lord, to hear what their
I
Con-
The TRYAL of the ReGICIDE S.
:
I 27
Conſultations were, I went thither, and Hall, and finding none of my Friends to
was there as one of them, (but I was dine with me, I went to that place called
not one,) amongſt the reſt Hugh Peters Heaven, and dined there: After I had
was one; when the Room was pretty dined, I paſſed through St, Margaret's
full, the Door was ſhut, Mr. Peters de Church-yard to go home again, (I lay
fired to call for a Bleſſing upon their in the Strand,) I perceived all the Church-
Buſineſs ; in his Prayer he uttered theſe yard full of Muſkets and Pikes
upon
the
Words, O Lord, faith he, what a Mer- Ground, and aſked ſome Soldiers, that
cy is it to ſee this great City fall down bea were there, What was the Buſineſs?
fore us? And what a Slir is there to bring They told me they were guarding the
this Great Man to Trial, without whore Parliament that were keeping a Falt at
Blood he will turn us all into Blood, if he St. Margaret's ; Who preaches, ſaid I?
reign again?
They told me Mr. Peters is juſt now
Peters. What Day was this?
gone up into the Pulpit; faid I, I muſt
Clough. It was about Three Weeks needs have the Curioſity to hear that
or a Month before the King died. Man, having heard many Stories of the
Peters. Where was this?
Manner of his Preaching: (God knows,
Clough. In the Painted Chamber. I did not do it out of any Manner of
Peters. You have been very bold. Devotion ;) I crouded near the Pulpit,
Clough. I ſpeak upon my Oath. and came near the Speaker's Pew, and
Peters. How long was this ago? I ſaw a great many of the Members there,
Clough. In 1648.
whom I knew well: I could not gueſs
Peters. How many Years ſince is what his Texi might be, but hearing
that?
him talk much of Barabbas, and our
Clough. You know yourſelf ſure how Saviour, an inſiſting altogether upon
many Years ſince 1648.
that, I gueff his Text was that Paſſage,
Peters. How long before the King wherein the Jews did deſire the Releale
died, do you ſay?
of Barabbas, and Crucifying of Chriſt
Clough. About Three Weeks or a and ſo it proved : The firſt Thing I
Month before the King was murthered. heard him ſay, was, It was a very lad
Council. We ſhall call a Witneſs to Thing, that this should be a Queſtion
prove, that in December, 1648. there
1648. there amongſt us, as among the old Jews, Whee
was a ſolemn Faft appointed to ſeek God ther our Saviour Heſus Chriſt muſt be crus
in what they were about; and Mr. Pe- cified, or that Barabbas Apould be releaſed;
ters was appointed to preach before the Oppreſor of the People : 0 Jeſus,
them.
faith he, where are we, that that should
Mr. Beaver Sworn,
be a Queſtion amongſt us? Says he. And
Mr. Beaver's Evidence. My Lord, becauſe that you jould think, 18y Lords
and you Gentlemen of the Jury, upon a and Gentlemen, that it is a Queſtion, I
Day that was appointed for a Faſt for will new you it is a Queſtion ; I have
ihole that fate then as a Parliament, I been in the City, which may very well be
went to Weſt minjter to find out ſome compared to Hieruſalem in this Conjunc-
Company to dine with me: and having ture of Time ; and I profeſs thoſe fooliſh
walked about an Hour in Westminſter- Citizens for a little Trading and Profit
they..
9
128
192 T' R Y AL of the REGICID E S.
3
will have Chriſt (pointing to the Redlcoats ſure you ſaw me at that Time? Do you
on the Pulpit-Stairs,) crucified, and that know me?
great Birabbas at Windſor releaſed, ſays Bcaver. Yes, Sir.
he: But I do not much beed what the Peers. I did not preach there at that
Rabble ſays. I hope, ſays he, that my
Time,
Brethren of the Clergy will be wiſer ; the Council. Pray, my Lord, will you
Lips of the Prieſts do uſe to preſerve call Mr. Fellop, who hath the Records
Knowledge. I have been with them too of the Parliament, and can produce the
in the Aſembly, and having ſeen and heard Order, whereby you were appointed to
what they ſaid, I perceive they are for carry on the Work of that Faſt; there
crucifying of Chriſt, and releaſing of Ba was the Order for his Preaching, and
rabbas ; OʻJeſus, what ſpall we do now? Order for Thanks for his work.
With ſuch like ſtrange Expreſſions, and Mr. Jeſſop produced the Journal,
fhrugging of his Shoulders in the Pul wherein was ihe Order following ; which
pit.
was read.
Council. How long was this before Clerk reads. Die Jovis 7. Septemb.
the King was Murthered ?
1648. Reſolved, That there be a Day of
Beaver. It was a few Days before the Publick Humiliation for this Houſe to ſeek
Houſe of Commons made that Thing God in theſe Times of Difficulty; and that
called an Act for his Trial.
To-Morrow be the Day, and kept here i73
Council. What did he ſay to the this Houſe. Reſolved, That Mr. Peters,
Members?
Mr. Marſhall, and Mr. Caryl, be deſired
Beaver. I am coming to it. Says he, to perform the Duty til the Day of Humni-
My Lords, and you Noble Gentlemen of liation with the Houſe To-Morrow.
the Houſe of Commons, you are the Sanhe Council. That is not it we intend,
drim, and the great Council of the Na there was one after that in December
tion ; therefore you mujt be ſure to do 1648.
Juftice ; and it is from y oil we expe&t it. Clerk reads. 20. Decemb. 1648. Or-
You muſt not only be Inbcriturs of your dered, That Mr. Peters be deſired to
Anceſtors, but you muſt do os they did; preach on Friday next, the Day of Publick
they have oppoſed Tyrannical Kings, they Humiliation, at Margaret's, Weſtmin-
have deſtroyed them : it is you! chiefly that fler, in the Place of
que look for Juſtice from. Do not prefer Council. Call Mr. Chace. After this,
the great Barabbas, Murtherer, Tyrant, the Work went on, and the High Court
and Traycor, before thejo poor Hearts, of Juſtice fate; and the Firſt Day they
(pointing to the Redcoats,) and the Ar fate was Saturday Jan.20. in Weſtminſter-
any, who are our Saviours. And thus Hall, the 21ſt being the Sunday follow-
for Two or Three Hours Time that he ing. I think this Gentleman was at
fpent, he nothing but rak'd up all the Whitehall; he will tell you what he
Reaſons, Arguments, and Examples he preached.
could, to perſuade them to bring the
Mr. Chaſe Sworn.
King to condign, ſpeedy and capital Pu Chaſe. My Lord, I heard the Priſo-
niſhment.
ner at che B.ir preachiqg before Oliver
Peters. I do not know you ; are you Cromwell and Bradſhaw, who was called
Lord
The TRYAL of the REGICIDE S. IZO
66
Lord Preſident of the High Court of of it. I came to my Brother's Houſe at
Juſtice ; and he took his Text out of Shoe-Lane, and told him, ſaid I, Bro-
the Pſalms, in theſe Words: Bind your ther, I have been at Whitehall, and
Kings with Chains, and your Nobles with have heard the most Execrable Buſineſs
Fetters of Iron; that was Part of the that ever was heard in the World, by a
Text : But ſays he in his Sermon, Be- Miniſter of the Goſpel
.
Miniſter of the Goſpel. And I told him
loved, it is the laſt Plalm but one, and the Words. I obſerved that Oliver.
the next Plalm bath Six Verſes, and Cromwell did laugh at that Time when
Twelve Hallelujabs, Praiſe ye the Lord, you were preaching.
praiſe God in his Sanétuary,” and so
Tho. Tongue Sworn.
on ; for what? Says he, Look into my Council. What do you know of the
Text, there is the Reaſon of it, “That Priſoner?s Preaching?
Kings were bound in Chains,” & c. Tongue. Upon Jan. 21. 1648. I was
He went on with a Story of a Mayor, at Whitehall, where this Gentleman
and a Biſhop, and his Man : The Biſhop's preached, and he preached upon this
Man, faith he, being drunk, the Mayor Text, Pſalm 149. v. 8. To bind their
laid him by the Heels
. The Biſhop ſends Kings in Chains, and their Nobles in
to the Mayor, to know by what Authority Links of Iron. In which Text this De-
he impriſoned his Servant; the Mayor's ters did much applaud the Soldiers there.
Anſwer was, “ There is an Act of Par He ſaid he hoped to ſee ſuch another
“ Tiament for it ; and neither the Bin Day following as the Day before : Aind
ſhop nor his Man are excepted out of that Bleſſed be God, (ſays this Parſon
“ it." And applied it thus: Here is, Peters,) the Houſe, the Lower Houſe is
faith he, a great Diſcourſe and Talk in purged, and the Houſe of Lords themſelves
the World; What?? Will ye cut off the they will down ſuddenly. This is all that
King's Head, the Head of a Proteſtant I well remember at that Time. Upon
Prince and King? Turn to your Bibles, the 28th of January, 1648. next Day
and you ſhall find it there, " Whoſoever after Sentence of the King, I heard :
" ſheds man's blood, by man ſhall his Peters preach upon this Text in St.
“ blood be lhed.” Says he, I will even fumes's Chapel, Pſalm 149.6, 7, 8, 9
anſwer them as the Mayer did the Biſhop, Verſes. Let the high Praiſes of Gud be
Here is on Aet of God, “ Whoſoever in their Mouth, end a Two-edged Sword
ſheds man's blood, by man ſhall his in their Hands, to execute Vengeance upon
16 blood be ſhed.' And I see neither the Heathen, and Puniſhment upon the
King Charles, nor Prince Charles, nor People; to bind their Kings with Chains,
Prince Rupert, nor Prince Maurice, nor and their Nalles with Fetters of Tron;
any of that Rabble excepted out of it. to execute upon them the Judgment written,
And further he ſaid, This is the Day that This Honour have all bis Saints. Preiſe
I end many Saints of God beſides, have g'e the Lord. And there he did ſo Saint
been praying for theſe many Years. the Redcoars, and ſo Reprobate the poor
Peters. Alk him, whether he took King's Friends. And in the Middle of
hi Sermon he took Occaſion to produce
Chile. No, Sir, but it being ſo me a Text, Pſalsı2 14. 18, 19, 20,
morable a Sermon I took ſpecial Notice the Kings of the Nations, even all of them
33
Kk.
lye
Notes?
130
The TRYAL of the REGICIDE S.
he in Glory, every one in his own Houſe. Rider. I was at the ſame Time at
But thou art caſt out of thy Grave like an Church in St. Sepulchre's.
abominable Branch, and as the Raiment Council. How long was that before
of thoſe that are pain, thruſt through with the King died ?
a Sword, that go down to the Stones of Rider. It was very near the King's
the Pit, as ai Carcaſs trodden under Feet; Death.
thou ſhall not be joined with them in Bu Council. Was it after the High Court
rial; becauſe thou haſt deſtroyed thy Land, of Juſtice fate, as they called it?
ond Nain thy People; the Seed of Evil-do Rider. About that Time it was. My
er's Mall never be renowned. Says he, Lord, as ſoon as ever he had read the
This I did intend to infijt and preach upon
Words of his Text, which was, He
before the poor Wretch, and the poor mall call his Name Emanuel; he pre-
Wretch would not bear me.
fently ſhook Hands with his Text, and
Council. Who did he mean?
fell as he was wont) to News; and
Tongue. His Majeſty who was the there he ſaid, The great Enquiry now is
Day before condemned. Saith he, Look to know what would become of the King ;
in your leffer Bibles, and you ſhall find the let that alone, faith he. And preſently
Title is, The Tyrant's Fall.
he falls to it again, and was pleaſed to
Council. That that was ſpoken of the ſtile the King Barabbas ; faith he, There
King of Babylon, the Ignominy that was is a great many of the People had ra-
caft upon him, he applies it to the King ther Chriſt Mould be crucified than Ba-
of England.
rabbas. And here he was applauding
Peters. Aſk him where it was? the Soldiers, and ſaid, That Emanuel
Tongue. It was in St. James's Chapel, was written upon the Bridles of their
Sunday the 28th of Jan. 1648. in the Horſes. And he was ſpeaking of the
Forenoon.
King's Soldiers, faith he, I have known
Reynold Bowdler Sworn.
Eighty Thouſand of them, and not one of
Bowdler. That which I have now to them a gracious Perſon.
ſay is this, I did hear him a few Days Council. Now we expect the Anſwer
before the King was murthered, preach of the Priſoner at the Bar; the Indict-
in St. Sepulcbre's Church: There he ment hath been fully proved.
compared the King that was then to dye, Peters, 1 deſire that Witneſs may be
to Barabbas a Murtherer, and in this admitted which I ſpoke of; his Name is
Manner: Suith he, There is a great Cornelius Glover.
Company amongſt us, like the Jews, they Council. We have omitted one Evi-
cry out, Les Chritt be crucified, and let dence, we deſire Maſter Walker may be
Barabbas be releaſed. Still comparing called.
the King to Barabbas the Murtherer;
Mr. Walker Sworn.
theſe were his Words, with many more Walker. On Sunday after the King
to the ſame Purpoſe.
was firſt brought to his Trial, out of
William Rider. Sworn.
Curioſity I went to hear Mr. Peters at
Council. Speak what you know con Whitehall; after he had made a long
cerning the Priſoner
Prayer, faith he, I have prayed and
preached
The TRYAL of the ReGICIDE S.
131
:
preached theſe Twenty Years, and now I L. C. Bar. What ſay you to that?
may ſay with bold Simeon,
“ Lord, now
Glover. I was come to Mr. Peter's a
« letteſt thou thy Servant depart in little before that Time to live with him
" Peace, for mine Eyes have ſeen thy as a Servant, it fell out that Day he was
“ Salvation.” Afterwards he ſpeaks of ill in his Chamber all the Morning; the
the Text, of binding their Kings in Soldiers in St. James's Houſe were all
Chains, &c. then much reviled the
gone away; I had a deſire to go ſee the
King. But ſoft there, faith he, I muſt Meeting where they were at Whitehall;
not talk so here, I am in the King's Cha faith he, thou ſeemeft to have a great
pel. There is a very remarkable Pallage deſire to go and look about thee, it is
in Amos; Amos went to preach, and very fad, but if you will go you may. I
Amaziah would not let him, but Amos did go over the Park.
would preach. The poor Wrerch would Council. What Time?
not hear me, but yet I will preach. Af Glover. About Noon.
terwards he ſpeaks of the Mayor of Ex Council. What Hour ?
eter that committed the Biſhop's Servant Glover. I do not know; I did not
for being Drunk. Saith the Mayor, ſtay there ; the Soldiers and the People
Here is an Ast of Parliament for it; and filld the Place, and I went back again
I do not ſee that the Biſhop nor his Man, to the Chamber; I came back again
are either of them, excepted out of the Act. within a Matter of an Hour's Time.
And, ſaith he, in Scripture it is ſaid, Council. Was the King dead before
" Whoſoever ſheddeth man's blood, by you came back again?
man ſhall his blood be ſhed.” And Glover. They ſaid he was not : When
I do not find that either King Charles, I went Home, he aſked me what was
Prince Charles, Prince Rupert, Prince doing? I told him there was a great
Maurice, or any of that Rabble are ex Croud, I could not come near ; I ſtaid
cepted.
there an Hour, and then went out a-
Council. Now Mr. Peters you may gain, and ſtill there was a Croud ; and
call your Witneſs.
I came back again, and Mr. Peters was
Cornelius Glover, not ſworn.
in his Chamber then,
L. C. Bar. Where do
Council. Was he a-Red, or up ?
Glover. In Paul's Churchyard.
Glover, I do not remember.
L. C. Bar. What is your Quality of Council. How Old were you then?
Life?
Council. I am not above 32 or 33
Peiers. A Servant of the King's. Years old.
L. C. Bar. I do not aſk you Mr. Pe Council. Was Mr. Peters Sick?
ters,
Glover. Yes, he was melancholy Sick,
Glover. I belong to the Poſt-Houſe. as he uſed to be.
Peters. Pray hear him ſpeak.
L. C. Bar. How long have you been
L. C. Bar. What would you have him at the Post-Houſe ?
aſked
Glover. About Five Years.
Peters. Whether I was out of
iny
L. C. Bar. Mr. Peters, have you any
Chamber the Day the King ſuffered.
more to aſk him?
Pians,
>
you dwell?
132
The TRYAL of the REGICI DE S.
Palers. I brought him to teſtify that Things, to this End and Purpoſe. There
I was not out of my Chamber that Day, was a Noife in all Parts, of ſome Mil-
and that I was Sick.
carriages in Religion ; after it was ſet-
L. C. Bar. Did you deſire to go, or tled, I lived in Ireland; I muſt profeſs
did he ſend you?
for my own Part folemnly, that my
Glover. I did' deſire to go, being Carriage hath been upon theſe Heads.
newly come to London,
For Religion, I have, through God's
L. C. Bar. This Gentleman, though Mercies, ſpoke the Truths of the Pro-
not upon Oath, is examined, and it is teſtant Church; upon this Account !
only to one Particular, nothing at all to did ſtay to ſee what God might do; I.
the main Proofs.
was ſent over to his Majeſty that we
Peters. I bring him only to vindicate might have a little Help in Point of
my ſelf from that Aſperſion of my being Excile and Cuſtoms, and Encourage-
upon the Scaffold.
ment in Learning. My Lord, this is
L. C. Bar. They do not lay the true, that I being here in the Natior,
Weight of their Evidence upon that. and being lent over upon the Occaſions
The King's Council have done with of the Country, and not upon any De-
their Evidence, if you have any thing fign; but this I ſay, I cannot deny it,
to ſay, you have your Liberty.
that after I came over, and had ſeen the
Peters. May it pleaſe your Lordſhip, State of England, in ſome Mcafure I
I will give you an Account of the Bu did ftir, but by ſtrong Importunities;
fineſs. I lived Fourteen Years out of the Miniſters of London des per than I.
England; when I came over, I found I am very ſorry to hear of my Carriage
the Wars begun ; I began no War, my towards the King; it is my great Trou-
Lord, nor have been the Trumpeter. ble; I beg Pardon for my own Folly
When I came out of the West-Indies, I and Weakneſs; I thought God had a
fed from the War into Ireland, to the great Controverſy with the Nation, and
Weſtern Part there; and it was after the the Lord was difpleaſed on all Hands;
Rebellion, when ſome of the Iriſh had that which ſome People took to, I did
been ſtirring there; I went and ſpent take unto; I went into the Army; I
my Time there. I was neither at Edge-
I was neither at Edge- faw at the Beginning of it, that Cor-
bill, nor Naſeby; but, my Lord, afterruptions grew among them; I ſuppoſe
I came over there was War, that the none can lay I have gone aſide from any
People were engaged in ; I was not here Orthodox Truth of th: Lord: And now
in the Beginning of it, but was a Stran to take off the Scandal upon me, and to
ger to the Carriage of it. When I came the Buſineſs, let me beg of your Lord-
into the Nations, I looked after Three ship, to conſider whatever Prejudices or
Things: One was, That there might Revenge may take up Men's Hearts,
be found Religion; the Second was, there is a God that knows all; God
That Learning and Laws might be hath a Regard to the People of England;
maintained; the Third, That the Poor I look upon this Nation as the Cabinet
might be cared for; and I muſt confeſs, of the World. That that doth concern
I have ſpent moſt of my Time in theſe the Buſineſs, is this, my Lord, that
after
>>
The TRIAL of the ReGICID S. 133
after this Time hither I came, and did Malice: It is concerning the Marquis
bear Witneſs to all the World, that of Worceſter, under his Lady's Hand,
there was amongſt us ſomething that was beginning with theſe Words, I do here
for better, and ſomething worſe, for teſtify, that in all the Sufferings of my
the Nation; I took Advice of ſome great Huſband, Mr. Peters was my great
Perſons concerning the Weightineſs of Friend, &c. I have here a Seal, (and
it; I had neither Malice nor Miſchief then produced it) that the Earl of Nor- !
in my Heart againſt the King ; upon wich gave me to keep for his Sake for
this I did engage ſo far, being invited. ſaving his Life, which I will keep as
I went into the Wars, and there I found long as I live.
very ſtrange and ſeveral Kinds of Provi L. C. Bar. I am not willing at all to
dences, as this Day hath been ſeen; I interrupt you, or hinder you, that which
do not deny but that I was active, but you ſpeak of doing good Services is not
not to ſtir in a way that was not ho at all to the Point; we do not queſtion
nourable. I challenge a great Part of you for what Good you have done, but
the Nation to manifeſt my Carriage for the Evil you have done ;, I hope
among them ; I ſhall make it good di- there is no Malice in your Heart, nor
vers ways; I had ſo much Reſpect to upon the Court nor Jury; we and they
his Majeſty, particularly at Windſor, are upon our Oaths; and you hear the
that I propounded to his Majeſty my Matter alledged againſt you ; pray come
Thoughts, Three ways to preſerve him to the Matter.
ſelf from Danger, which were good as Peters. My Lord, I cannot remem-
he was pleaſed to think, though they did ber them.
not ſucceed, and the Work died; as L. C. Bar. Then I will remember
for Malice, I had none in me. It is you; you are charged by this Indict-
true, there was a Difference amonft
us, ment for Compaſſing and Imagining the
an Army, and an Army; I never had Death of the King; and there is ſet
Groat or Penny from Oliver Cromwell forth ſundry Particulars to prove the
ſince I knew this Place; I profeſs I have Overt-Act; that you, with other Per-
had no Ends for Honour and Gain ſince fons named in that Indictment, did con-
I ſet Foot upon this Shore ; I challenge fult and meet together how to bring
any Man that belonged to that Party, about the King's Death. Then you are
whether they had not the ſame Reſpect charged with ſeveral Acts, of contriving
from me as my own Party; I have not and endeavouring the King's Death;
perſecuted any with Malice ; I will only Overt-Acts, that tend to the Compaſſing
take off Malice.
and Imagining the King's Death, or any
L. C. Bar. Your Buſineſs is Matter of one of theſe, to encourage the bringing
Fact.
on the King to his Death, the conſult-
Peters. I am unſkilful in the Law, ing or meeting together about it, tho®
this that I offer is to ſhew that I had no you did nor fit or ſentence, yet if you
Malice in me ; I was ſo far from Malice, did any Thing tending to that Encou-
that I have a Certificate, if worth the ragement, or otherwiſe aber it, comfort,
Reading, from one of the eminenteſt or any wiſe aid thoſe traiterous Perſons
Perſons in the Nation, to thew I had no that did it, in the doing of it you are
34
LI
by
a
134 The TRYAL of the REGICIDE S.
by Law guilty of the whole Fact: The had an Intent to ſecure Cromwell and
propoſing and determining the King yourſelf, but that you rid hard for it ;
Thall die, though you were not he that and then you confeffed you agreed then
actually put him to Death, yet notwith-
upon his Death, to bring him to Trial,
ftanding if you did the other, you are
did the other, you are and to cut off his Head
and to cut off his Head ; you did agree
guilty of all; if you ſhall ſpeak any Se together, and he believes it was your
ditious Speeches, be they in the Pulpit, Advice to Cromwell; your Anſwer was
or out of the Pulpit, if you ſhall utter this, that he was more violent than your
any Thing that tends to Sedition, theſe ſelf; that he took upon him to be a
are open Acts, which prove the Imagi. Spy; and that he was no competent
nation of the Heart; though Imagina- Witneſs, becauſe he was under a Temp-
tion of the Heart be Treaſon, yet it tation, becauſe you did not help him to
cannot be proved but by open Acts, yet the Living, and ſo conceived it to be
the Imagination itſelf is Treaſon. Firſt, Malice ; you ſay he was uſed to take up
you did conſpire, all the Witneſſes go fuch Courſes in his own Country ; the
along to prove this. Dr. Young faith, Matter is, whether you had Malice to
you came over from Ireland to his the King's Life or Monarchy. For the
Houſe, and after five Days that you next, one Gunter, he ſwears, that he
were recovered of the Flux, you ſtaid was a Servant to Mr. Hildeſley, at the
there Ten Weeks; you ſaid yourſelf Star in Coleman-ftreet, and this was ir
there was enough, if it were true, to 1648. he faith, that many of the Party
condemn you or any Man: I ſhall repeat of Cromwell did uſe to reſort thither:
it to you; you told him a Narrative, among the reſt he ſaw you; he ſaid he
that you came from New England, from came in to them, and their Diſcourſe
thence to Ireland, and then you came to was about Charles Stuart, and the Priſo.
Holland, with an Intent to ſee how you
and did gueſs it was about the
might bring on the Kingdom to be a King; that you were privy to it then ;
Commonwealth. Next he faith, you he faith, this was Three Days before
ſpoke very often againſt the King by Cromwell went out of Town; the Effect
way of Diſgrace, againſt him and his of that is urged no further than this,
Family, againſt the King and his Off- that you were ſo far of the Cabal, that
ſpring; this you ſaid very often : Then you were preſent with thofe Perſons,
you ſpoke in Vilification of Monarchical Cromwell
, Ireton, Rich, and others.
Government, that this Commonwealth You ſaid, I was there once with Mr.
would never be at Peace, till a Hundred Nathaniel Fiennes : Starkey, he faith,
and Fifty, or Three L's, Lords, Le that at his Father's Houſe Irelon lay,
vites, and Lawyers, were taken away; and was quartered there at Windſor, be-
at which he replied, then they muſt be fore and when the King was Priſoner";
all Switzers, Tinkers, or Traitors; he that you had your Quarters there, and
fwears you were a Colonel, and had a Cromwell too, in that Town: The ge-
Coinmillion; that you
would have had neral Meeting of the Council of War
him accept of a Commiſſion, and that was at his Father's Houſe ; there Ireton
you had Two Companies come from
and his Wife lying there, you came and
ihe Welt; you told him the Parliament reſorted thither very often; he faith
then,
ner
:
The TRYAL of the ReGICIDE S. '
135
then, that it appeared that after the and he ſwears this againſt you, That he
Council of War had done, many times was in the Painted-Chamber the next
Rich, and you, and Cromwell, and Day after the Proclamation was made,
Ireton, were there together, ſometimes and there he ſaw John Goodwin and you;
till Two a Clock in the Morning; he and there was an Aſſembly, and at the
faith then, that he did obſerve there was Middle of the Table y obn Goodwin was,
a Fifth Perſon, (he did not remember and made a long Speech or Prayer ;
his Name) and you ſat up uſually till that Cromwell would have had the Peo-
Two or Three in the Morning; you had ple ſtay there, but it was order'd they
Guards about you ; he faith further, ſhould be turned out; at the End he
that Ireton being a Domeſtick, he often ſaw you come out with the reſt ; there
diſcourſed with him, and you came it appeared you were in the Conſulta-
fometimes to be there too; that there tion : He faith, he met the Army at St.
being ſome Diſcourſe concerning the James's, and there, when they were
King, many times he did aſſert the Law
half paſt, he ſaw the King in his Coach; ·
concerning him, that he was ſolutus legi- and there he ſaw Mr. Peters, like. Biſhop
bus, as to his Perſon ; that you ſhould Almoner, riding immediately before the
ſay, that it was an unequal Law, and King; and at St. James's Park he ſaw
that you did then diſcourſe fully againſt you marſhalling the Soldiers ; that
the King's Government ; you ſaid he he was forced thereupon to go about:
was a Tyrant, not fit for that Office He faith farther, that within a Year
that the Office was uſeleſs, chargeable, or two after the Army was raiſed,
and dangerous ; theſe very Words he he heard you ſay theſe Words ; If we
obſerved, which afterwards were Printed can keep up our Army ſeven Years longer,
when they took away Monarchy. He we need not care for the King and all bis
faith further, that was their full and Pofterity.
whole Diſcourfe; he faith, that his Fa Peters. My Lord, I muſt deny abun-
ther at Supper uſed to ſay that uſual dance of this ; the King commanded
Grace, God ſave the King, Prince and me to ride before him, that the Biſhop
Realm, but afterwards that he heard of London might come to him.
the King was made a Priſoner, that his L. C. Bar. But this was three Weeks
Father altering the Grace, he ſaid, God after - The next Witneſs againſt you
fave bis moft Excellent Majeſty, and deli is one Proktor; he faith, that Day (as
ver him out of all bis Enemies Hands; the other Witneſs did) he ſaw you riding:
you roſe up, and ſaid, Old Gentleman, juſt before the King's Coach; and be-
your Idol will not ſtand long ; that he did cauſe he did his Duty the Soldiers-threw
obſerve you often with them. He faith him Horſe and all into a Dicch. The
farther, When Bacon was coming out, next Witneſs is one Hardwick; he faich,
and ſpeaking ſome Words concerning That when the Proclamation was read,
your frequent affronting the King, you he ſaw you in Weſtminſter-Hall, and that
took up a Staff, and were ready to beat you ſaid, they had done as good as no-
him, and made an Uproar. It appears. thing, unleſs it was proclaimed in Cheap-
alſo of your being privy to Cromwell's fide, and at the Old Exchange : This you:
Actions. The next Witneſs is Walkeley, ſaid to ſome of the Officers there.
Petersi
136
The TRIAL of the REGICI D E S.
:
SAN
Peters. My Lord, I cannot acknow- poſſibly remember the Places, Things,
ledge it.
or Words, that are alledged. Then
L. C. Bar. The next Witneſs againſt you have another Witneſs, Nunnelly;
you is Simpſon; he ſwears he ſaw you in he faith, he came with a Warrant to
Conſultation with Oliver Cromwell, and Oliver Cromwell for ſome Money, and
take Sir William Brereton by the Hand, that he ſhould ſay, Go and ſee the Be-
and come to Bradſhaw's, and this during heading of the King at Whitehall; he
the Time of the King's Trial: He far- ſaith, there he met with you (though
ther faith, That one Day when the King you ſay you were not there that Day)
was at his Trial, you commanded Colonel going to the Banqueting-houſe ;, that you
Stubbards to bid his Soldiers cry out, ſpoke to Tench, and whiſper'd in his
Juftice, Juſtice ; which they cried, and Ear, and that Tench went and knocked
afterwards ſome the Soldiers ſpit upon Staples on the Scaffold; he meeting
the King
Tench, faid, What, are you a Hangman?
Peters. I do believe he that ſwore Saith Tench, This Day will be a happy
that, cannot ſay I was there.
Day; he faith, after all this, Hugh Pe-
L. C. Bar. Another Witneſs is one
ters was upon the Scaffold, and that he
Richardſon, who ſaw you the firſt Day went out with the Hangman
in the Court; and he ſaid farther, that Peters. I profeſs to your Lordſhip be-
you commended Bradſhaw and another, fore Angels and Men, that I did not
to wit, Cook, for their Carriage in the ftir out of my Charnber that Day.
Trial of the King ; that you held up L. C. Bar. The Council doth not put
your Hands, and ſaid, This is a moft Reliance upon that, becauſe of what your
glorious Beginning of the Work.
Witneſs faith, tho' his Evidence is not
Peters. Whereabouts in the Court ? at all ſatisfactory. The next is Clough,
Richardſon. In the Body of the Court, and he ſwears this, That he ſaw you in
called then the High Court of Juſtice. the Painted Chamber with the Council of
Peters. My Lord, I do not know that Officers, and there you deſired then to
ever I was in the Body of the Court. call on God for a Bleſſing upon their
L. C. Bar. The next Witneſs is Sir Buſineſs; and there you faid, O Lord,
Jeremy Whichcot; he faith he heard you what a Mercy it is to ſee this great City
often ſpeak fcurrilouſly of the King; fall down before us! And what a Stir is
and making a Narrative of Cromwell's there to bring this Great Min to Trial,
Eſcape, you ſaid there was a Meeting, without whoſe Blood he will turn us all
and there we reſolved to ſet cſide the King: into Blood, if he reign again! And this
Remember what the other Witneſs ſaid, was about a Month before the King was
We agreed, and here we reſolved: You murthered.
ſaid, I cannot but reverence the High L. C. Bar. You hear it, Mr. Peters.
Court of Juſtice, it cath reſemble the judg Peters. Some Part I did, but it is
ing of the World at the Laſt Day by the impoſſible for me to bear down many
Saints : So it was the Saints that fat there. Witneſſes : Indeed, my Lord, I ſay this,
I would have preached before the Wretch, They are marvellous uncharitable, and
but the poor Wretch would not bear me. ſpeak many falſe Things.
You often called him Tyrant: I cannot L. C. Bar. The next is this, the Te.
ftimony
The TRIAL of the REGICIDE S. 137
:
Aimony concerning ſeveral Sermons of ſhop's Man; the Biſhop's Man being
yours; and let me tell you, the Pulpit drunk, the Mayor committed him to
ought not to be a Place where Men with Priſon ; the Bishop being angry, akked
Impunity may ſpeak anything, what by what Authority? The Mayor ſaid,
they lift, of Sedition and Treaſon. there was an Act of Parliament for it ;
Peters. I am of the ſame Judgment he did not find that either the Biſhop or
myſelf, my Lord.
his Man was excepted : You applied
1. C. Bar. And there was a Solemn that to the King ; ſaid you, I will ſhew
Day to ſeek God, then you preach'd at you an Act of the Bible, Whofoever meds
St. Margaret's Church: This was Mr. Man's Blood, by Man Mall bis Blood be
Bever. In he came, and heard you med; this doth not except the King,
talk much of Barabbas and our Saviour; Prince, Prince Rupert, Prince Maurice,
there you fell upon this, ſpeaking of
or any of that Rabble.
the King, It is a fad thing that it ſhould Peters. It is falſe.
now be a Queſtion, whether we should L. C. Bar. You ſaid farther, This is
crucify our Saviour Jeſus Chriſt, or that the Day that I and many other Saints of
great Barabbas ? Speaking of the King, God have prayed for theſe many Years ;
you called him Traytor, Tyrant, Mur and Oliver Cromwell laughed at that
therer of his Subjects, and the like. Time. The next Witneſs was Tongue ;
You went on in a way of a Story; Theſe he heard you preach, and he fwears the
Citizens for a little Trading they will fame with the former ; that you applaud-
have Chriſt crucified, and the great Barab. ed the Soldiers, and that you hoped to
bas at Windſor releaſed ; and, ſaid you, ſee ſuch another Day following as the
the Clergy, the Aſembly, they are all for Day before ; and that, bleſſed be God,
crucifying of Chriſt, and releaſing Barab the Houſe is purged, and the Lords will
bas." You made that Expreſſion, Oge- be ſhortly pullid out ; and the twenty-
fus, what ſhall we do? The King was eighth Day of January, which was the
a Priſoner then at Windſor ; you made Day after the King was ſentenced, at
your Application to the Parliament that St. James's Chapel, you took for your
was then preſent; you told them, the Text, the 149th Pſalm, 6, 7, 8, and
People did expect Juſtice from them ; 9th Verſes, whereof theſe Words were
You muſt not prefer the great Tyrant and a Part, To bind their Kings in Chains,
Traytor, naming the King, to theſe poor and their Nobles with Fetters of Iron;
Hearts, (the Redcoats ſtanding by.) there in the Middle of that Sermon, ha-
Peters. I muſt profeſs againſt moſt of ving ſpoken before of the King, you
ſaid you did intend to preach before the
L. C. Bar. The next thing is this; poor Wretch upon the 14th of Iſaiah,
There was one Mr. Chaſe, this was du 18, 19, and 20th Verſes; ſpeaking of
ring the Trial, le faith you preached at all the Kings of the Nations, Thou art
Whitehall upon this Text, Pſalm 149. caſt out of ihy Grave like an abominable
To bind their Kings in Chains, and their Branch, &c. He faith farther, you ſaid,
Nobles in Fetters of Iron. You had two Look upon your lefſer Bibles, and you
or three other Verſes more.
will find the Title is: The Tyrant's Fall.
made a Diſcourſe of a Mayor and a Bi- There is another Witneſs, that is one
35
Bowdler ;
that.
Then you
M m
3
s
138
The TxYAL of the R e GICID E 8.
,
Bowdler; a few Days before the King's L. C. Bar. One is Sir Jeremy Which.
Death, at St. Sepulchre's, tliere you fell cot, the other is Dr. Young : You ſhall
upon the old Compariſon ; all along do well, if you have any thing to ſay to
you compared the King to Barabbas; invalidate theſe Witneſſes, to ſpeak to
and that a great many would have it, elſe the Jury will be ſent together to
Chriſt crucified, and Barabbas releaſed; deliver up their Verdict.
all along comparing the King to Barab Peters. My Lord, If I had Time and
bas. One more, and that was Ryder; Opportunity, I cou'd take off many of
he heard this Text, He shall call his the Witneſſes ; but becauſe their Tefti.
Name Emanuel; you fell to ſpeak of mony is without Controul, I cannot fa.
News. What ſhall become of the King? tisfy myſelf; I have no Skill in the Law,
And you ſaid the King was Barabbas, elſe I might have ſpoke for myſelf: 1
and a great many would rather have do not know what to ſay more, unleſs I
Chriſt crucified, than Barabbas. And had more Time and Counſel.
then Mr. Walker he faith, That after Mr. Soll. Gen. If the Priſoner can ſay
the King was firſt brought to his Trial no more, here is this in it; here are five
he heard you ſay this, I have prayed Places where he did conſult about the
and preached theſe Twenty Years, and King's Death, at Windſor, at Ware, in
now may I ſay with old Simeon, Lord, Coleman-street, in the Painted Chamber,
now letteſt thou thy ſervant depart in peace, and in Bradi aw's Houſe; and four
for mine Eyes have ſeen thy ſalvation. WitneſYes to prove this ; there are two
He mentions, that you made uſe of the Witneſſes to his Compariſon of the King
other Compariſon of the Mayor and the and Barabbas, and two Witneſſes to his
Biſhop's Man, and inferred from thence, Text of binding their Kings in Chains,
that the King and Prince, &c. were not &c. "Proof that he hath been in Action
excepted out of the Scripture, where it in New England; that he came from it
is ſaid, Whoſoever ſheds man's blood, &c. with that Intent, and then went to Hol
You have heard all this witneſſed againſt land; that he had been in Arnis ; that
you, what have you to ſay for your he called the Day of his Majeſty's Trul,
felf?
a Glorious Day, reſembling the Judging
Peters. Theſe are but ſingle Witneſ. of the World by Saints ; he prays for
fes.
this in the Painted-Chamber, preaches
L. C. Bar. The Statute is two Wit for it at Whitehall, St. James's Chapel,
neſſes for Treaſon, but not two to one Sepulchre's ; what Man could more con-
individual thing; though there are ſeve trive the Death of the King, than this
tal Witneſſes have proved the ſame miſerable Prieſt hath done? The Ho-
thing about Barabbas and our Saviour, nour of the Pulpit is to be vindicated;
bind their Kings with Chains, and of and the Death of this Man will preach
your other Actions there is a whole Jury better than his Life did ; it may be a
of Witneſſes, two Witneſfes expreſly, Means to convert many a miſerable Per-
we agreed upon the King's Death, and fon, whom the Preaching of this perſon
we reſolved to ſet the King aſide. hath ſeduced ; for many come here and
Peters. I do not know the Witneſſes. fay, they did it in the Fear of the Lord;
4
and
The TRYAL of the REGICIDE 8.
139
and now you ſee who taught them; and L. C. Bar, That hath been over-ruled
I hope you will make an Example of already; we have delivered your Opini-
this Carnal Prophet.
ons ; the Profeſſion of a Lawyer will
The Jury went together, and after a not excuſe them, or any of them, from
little Conſultation, ſettled in their Places. Treaſon ; and this hath been over-ruled,
Clerk. Are you agreed upon your and is over-ruled again.
Verdiet?
Cook. I humbly conceive that the re-
Jury. Yes.
maining Part of the Houſe of Commons
Clerk. Who ſhall ſay for you?
were to be Judges, whether there was a
Jury. The Foreman.
Force or not.
Clerk. How lay you? Is the Priſoner L. C. Bar. This is all paſt and over-
at the Bar Guilty of the Treaſon whereof
ruled.
he ſtands indicted, or Not Guilty?
Cook. Then I have no more.
Foreman. Guilty.
Clerk. Hugh Peters, Hold up thy
Clerk. And fo you ſay all ?
Hand; what haſt thou to ſay for thyſelf,
Fury. Yes.
why Judgment ſhould not paſs againſt
Clerk. Look to him, Keeper.
thee to die according to Law?
Council. We deſire Mr. Cook may be Peters. I will ſubmit myſelf to God,
brought to the Bar, and that they may and if I have ſpoken any Thing againſt
both have their Judgment pronounced the Goſpel of Chriſt, I am heartily ſor-
Clerk. John Cook, Hold up thy ry.
Hand; what halt thou to ſay why she
Silence.. commanded.
Court ſhould not pronounce Judgment L. C. Bar. You are both Perſons of
for thee to die accerding to Law. that Ingenuous and Liberal Education,
Cook. I have a few Words, Matter as I hope I ſhall not need to tell you
of Law: Firſt, there is ro Averment what it is to die; you have had a great
in the Indictment, that John Cook men deal of Time to think of it ; you could
tioned in the Act of Indemnity, is the not but think of this iſſue of your doings
ſame with the John Cook mentioned in long ago, and therefore I ſhall ſpare my
the Indictment, and that I am the Labour of telling you what it is to die,
Yohn Cook inentioned in both.
and of that Eternity that you are to en-
L. C. Bar. This will not help you in ter into; only give me leave in a few
this Cafe, you have owned, and have Words, in relation to both your Pro-
pleaded by the Name of John Cook. feſſions, to ſay fomething to ſhew the
Cook. The Second is this, that the Nature and Heinouſneſs of this Offence,
Overt-Acts ſhould be particularly ex the Murther of the King: If you were
preſſed in the Indictment.
not actually guilty of putting the King
L. C. Bar. This cannot be alledged to Death ; nay, admitting (in Charity)
in Arreſt of Judgment; the Jury have you had no Intent to go as far as you
found you Guilty of Compaſſing and did, you are by the Laws of Chriſt, and
Imagining the Death of the King, by this Nation, guilty of High-Treaſon, in
the Statute of 25 Edw. III. and this can that you that are a Lawyer know very
not help you.
well; (and I ſpeak it that you may lay
Cook. I ſay it was profeſſionately, it to your Heart in the Convictions of
your
1.40
The TRY A L of the ReGICI DE s.
ܝܪ
your Conſcience. I muſt ſay to you, as
I muſt ſay to you, as puli, but ſalus Reipublice, The Law
Joſhua faid to Achar, My Son, give hath taken Care that the People ſhall
Glory to God, and confeſs; and it would have Juſtice and Right; the King's
become you fo to do,) you know very Perſon ought not to be touched; the
well it is the Law of this Nation, that King himſelf is pleaſed to judge by the
no one Houſe, nor both Houſes of Par- Law; you ſee he doth by Law queſtion
liament, have any coercive Power over the Death of his Father ;, he doth not
the Kirg, much leſs to put him to Death; judge it himſelf, but the Law judges it.
you know, (as you cited very well,) that Mr. Peters knows very well he ſubſcribed
the impriſoning of the King is Treaſon. the 39 Articles of Religion ; look upon
You know both of you, this is an un them that were made in 1552, and upon
doubted Truth ; the Rule of Law is, thoſe Articles that were confirmed in
that the King can do no Wrong; that 13 Eliz, the King is there acknowledged
is, the King can do no Wrong in the to have the chief Power in theſe Nations;
Eſtimation of Law; he may do ſome the meddling with the King was a Jeſu-
particular Acts as a private Perſon, but itical Doctrine : This I ſpeak, not that
he can do little Prejudice in his own the King ſhould or ought to Govern but
Perſon ; if he would hurt any, it muſt by the Fundamental Laws of the Land;
be by Miniſters, in that Caſe the Law they that keep within the Bounds of the
provides a Remedy ; if he doth it by Law are happy; you that are a Lawyer,
Miniſters, they muſt anſwer for it. The know this in Point of Law; and you
King of England is one of thoſe Princes that are a Divine, know this in Point of
who hath an Imperial Crown; what is Divinity: You both know the Truth of
that? It is not to do what he will; no, it, and when you have thought upon it,
but it is that he ſhall not be puniſhed in I hope you will reflect upon that horrid
his own Perſon, if he doth that which Crime, the ſhedding of Royal Blood. .
in itſelf is unlawful. Now remember You ſee he had granted all thoſe Grie-
this, when you took the Oaths of Alle vances of the People ; taken them away;
giance and Supremacy ; (I preſume you ſecured them for the future ; and at
both did ſo ;) What was your Oath of this very Time, when this horrid Act
Supremacy? It was this, that the King was done, you ſee he had granted all at
was the only Supreme Governor of theſe the Deſire of the People; he had made
Realıns ; it goes farther, as he was Su thoſe Conceſſions, ſuch, as (were it not
preme Governor, ſo he was the only in the reſpect of others more than thoſe
Supreme Governor, that excludes Co that treated themſelves) they thought was
ordination : You ſwear farther, that njore than could be expected by the Na-
you will to the utmoſt of your Power tion. You that had a Hand in the
defend the King againſt all Conſpiracies King's Death, it falls upon you, the
and Attempts whatſoever ; truly, you . Guilt of it, becauſe you were ſome of
that were a Lawyer when you had thus thoſe Inſtruments that affifted thoſe Per-
ſworn, your Fee could be no excuſe fons that broke the Treaty; prepare
againſt what you had ſworn to...We
We yourſelves for that Death which you are
know that the King in his politick or to die ; it is a Debt which we all owe to
natural Capacity, is not only ſalus Po Nature ; if in this Caſe there is ſonie-
3
thing
The TRY AL of the RegiCID E S. 141
verance.
SE
thing of Shame comes to you, it is that Hewlet, alias Howlet, for that thou, &c.
you
muſt take as part of the Reward of How ſayeſt thou, art thou Guilty of the
your Sin. The only Work I have now High-Treaſon whereof thou haſt been
to do, is to pronounce the Judgment; Indicted, and are now Arraigned, or
and this is the Judgment of the Court, Not Guilty ?
and the Court doth award, That both Hewlet. I am Not Guilty, my Lord.
of you be led back to the Place from Clerk. How wilt thou be tried ?
whence you came, and from thence ſhall Hewlet. By God and the Country.
be drawn upon a Hurdle, &c. and the Clerk. God ſend you a good Deli-
Lord have Mercy upon your Souls.
Clerk. Crier, Make Proclamation, Set him aſide.
Crier. O Yes, &C. All Manner of
Perſons, &c. and all Jurors and Wit-
neſſes, are to appear at this place to
Morrow Morning, at Seven a Clock in
the Morning, upon Pain of One Hun-
dred Pounds apiece. So God bleſs King
Odober 15. 1660.
Charles, &c.
Clerk of the CET Daniel Axtell to the
Crown.
Bir; which was done
紫​紫​總體​慧慧慧
​accordingly.
Clerk. Daniel Axtell, Hold up thy
Hand.
The 15th of October, 1660.
Axtell. Pray, my Lord, let me have
At the Seſſions-Houſe in the Pen and Ink.
Old Bailey.
L. C. Bar. Give Mr. Axtell Pen and
Ink.
Clerk. Daniel Axtell, theſe Men that
The Trial of WILLIAM HOWLET. were laſt called of the Jury, are to paſs,
&c. If you will challenge them, or any
Memorandum. That the Bill of Indiet- of them, you muſt challenge them' when
ment against William Hewlet, alias they come to the Book; before they are
Howlet, was found at Hick's-Hall, - ſworn.
October 12. Inſtant.
L. C. Bar. Do you know how many
you have Liberty to challenge? Becauſe
Proclamation of the Court being made. I would not have you miſinformed, 35
you may Challenge peremptorily, and
Clerk of the CET William Hewlet, a no more.
Crown,
lias Howlet, to the Bar, Axtell. I thank your Lord thip.
which was done accordingly,
L. C. Bar. Unleſs you have any par-
Clerk. William Hewlet, alias Howlet, ticular Cauſe; if ſo, you may challenge
hold up thy Hand. Thou ſtandeft In-
dicted of High Treaſon in the County Ax:ell. I confeſs I am wholly igno-
of Middleſex, by ohe Name of William rant of the Law.
John
*
SET
nore.
36
Nn
i
142 The TRIAE of the ReGICIDE S.
.
Jobn Birke, John Smith, Thomas be this, that during the Time of the
Morris, Ralph Halfell, John Sherecroft, Trial, the Priſoner at the Bar did Com-
Francis Beale, Robert Cromwell, John mand the Soldiers in Weſtminſter-Hall,
Gallyerd, John Shelbury, George Rithe, himſelf did keep the Entrance into the
were called, and by the Priſoner chal Court; and when Bradſhaw did ſpeak to
lenged.
the King, and told him, he trifled away
Thomas Bide, Charles Pitfield, Robert Time, and required his Anſwer to the
Sheppard, William Dod, Thomas Ulman, Charge exhibited in the Name of the
William Maynerd, George Plucknet, Sa Commons of England aſſembled in Par-
muel Harris, John Nicoll of Hendon, liament, and the good People of Eng-
Henry Marſh, Thomas Biſhop, Thomas land; that a noble Perſon in the Gallery
Snow, in all Twelve, were admitted, there cried out, It was a Lie ; ſaying,
and ſworn of the Jury.
that above half the Commons diſowned it';
Clerk of the Crown. If any Man can faying, where are theſe gond People? it
inform my Lords the King's Juſtices is a Lie, Oliver Cromwell is e Traytor.
&c.
This bloody Fellow commanded the
Clerk. Dan. Axtell, Hold up thy Soldiers to ſhoot her; he did ſeveral
Hand. Look upon the Priſoner you times command and encourage the Sol-
that are ſworn, and hearken to your diers to cry out Juftice, Juſtice; and
Charge ; you ſhill underſtand that the the laſt Day of that horrid Trial, called
Priſoner ſtands indicted, &c.
by them the Day of Judgment, he like-
King's Council. May it pleaſe your wiſe command them to cry out, Execu.
Lordſhips, and you Gentlemen that tion, Execution ; and when ſome of them
are ſworn of this Jury, the High Court would not do it, he had the Valour to
of Injuſtice that was erected for Trial of beat them. My Lords, and Gentlemen
the late King, it had all the Formalities of the Jury, if we prove any of theſe
of a Court to put in Execution that bloody Particulars to demonſtrate unto you that
Act, they had their Preſident, their he was Guilty of Compaſſing and Ima-
Council, their Chaplain, and their gining the King's Death, it is equal as
Guards; ſome of their Judges have been if we had proved he did actually cut off
already tried, one of their Council, and the King's Head.
their Chaplain. Now, my Lord, we Mr. Bidurdoe, Mr. Natley, Mr.
come to the Guards ; and this Gentle- Harrington, Sir Purbeck Temple, Mr.
man at the Bır, that is now ihe Prifoner, Symploir, Mr. Baker, Mr. Huncks; and
he was Commander of that Black Guard, Mr. Jeonar, Sworn.
that cruel and bloody Guard. The In Council. Mr. Sympſon, tell my Lord,
dictment is, That he did Imagine and and the Jury, who had the Command of
Compaſs ibe Death of the King ; there be the Soldiers during the Trial of the King
leveral Overt. Acts that are mentioned in Wifimiiuſter-Fall.
in the Indictment, as Evidences of that
Sympſon. My Lord (as I ſaid before
Imagination; as the Conſultation to in the Caſe of Mr. Peters, ) Col. Siubberd,
bring him to Trial, the actual bringing and Col. Axtel, had the Command of
hini to Trial, and the bloody Execution the Soldiers below Stairs, near that which
upon the Scaffold : Our Evidence finall as called the High
Vas-called the High Court of Juſtice.
Axtal.
2
E
The TRYAL of the REGICIDB S. 143
SA
my Lord ?
Axtell. I deſire to know his Name, the Ship is now coming into the Harbour,
and will you ſtrike Sail before we come to
Sympſon. My Name is Holland Symp Anchor? This I appeal to yourſelf; but
son.
for crying out, Knock them down,
Council. Did you ſee him there com Shoot them, I know not who it was:
manding the Soldiers ?
The Officers cried Juſtice, and ſome of
Sympſon. There was a kind of Hubbub the Soldiers, but I profeſs I know not
in the Court; there was a Lady (they who it was particularly ; but they cried,
faid it was the Lady Fairfax) who at the Juſtice; and then I fell a trembling,
exhibiting of 'the Charge againſt the for I was afraid of the King. But theſe
King, ſaid to be in the Name of the were the Words he uſed to me, Will
Commons and People of England, ſhe you ſtrike Sail, &c ?
ſpoke out aloud, and ſaid, It was a Axtell. My Lord, I deſire to aſk him
Lie, that not half, nor a quarter of the a Queſtion.
People ; Oliver Cromwell is a Rogue, L. C. B. Ask him what you will. .
and a Traylor ; they called for a Guard, Axtell. If I am not in the right, I
this Gentleman he was called, and hope your Lordſhip will direct me.
brought up ſome Muſqueteers, and com L. C. B. Go on.
manded his Soldiers to preſent and give Axtell, Col. Huncks, where was it?
Fire againſt the Lady, and commanded Huncks. In a little Room in white-
her to Unmaſk,
hall, where Ireton and Harriſon lay in
Axtell. What Lady was it? I deſire Bed together.
to know.
Axiell. Do you know whereabouts ?
Sympſon. She went by the Name of Huncks. I think I can go to the Room
the Lady Fairfax“; I know not whether again ; I appeal to your own Conſcience
it was ſo or no, it was the common Re before all this People.
port it was ſhe.
Axtell. By your Favour, Sir, the
Clerk. Mr. Huncks, pray tell my Room I perceive you know not; and
Lord what you know of the Priſoner at truly, My Lord, if you pleaſe to give
the Bir.
me Leave, becauſe he appeals to my
Huncks. My Lord, to ſay poſitively Conſcience, I do appeal to the Great
any Thing of the Man touching his God, before whom, it may be, I may
be
Command I cannot, but only that Morn- arraigned to give an Account of all my
ing the King died, he came into the Words, Thoughts, and Actions, I do.
Door of the Room where Col. Phayre, not remember that ever I had any Con..
Colonel Hacker, Cromwell, and myſelf, verſe with this Man there, or met him
were, (Ireton and Harriſon lying in Bed there, or any of that Company, that
together in the fame Room,) and then Day: he was a Stranger to me; but I
he ſtood at the Door half in and half with that you (to ſave your ſelf being in
out; I'refuſing to ſign an Order for Ex the Warrint for Execution) do not make
cuting the King, as Cromwell ordered orhers a Peace-offering to ſave your ſelf.
me, and ſome little crois Language ha The Lord that knows my Heart, I ap-:
ving paffect, faith the Priſoner at the Bar, peal to him : I appeal to your own Con-
Colonel Huncks, I 013-aſhamed of you, fcience, becaule you appeal to my Con-
ſcience,
i
144 The TRIAL of the REGICIDE s.
ſcience, I never met you, nor faw you Hacker was reading of it; my Lord,
there.
Cromwell he comes to me, and by Vir-
Huncks. Have you done? Then give tue of that Commiſſion he would have
me Leave: You ſay you do not know me to write a Warrant for Executing
me. I appeal to the ſame God, when the King. I refuſing to write that War-
Cromwell took upon him to have the rant, (upon this which he ſpeaks of that
Crown, have not I ſaid, What have you ſtanding at the Door, if God bleſs me,
got by being Jehu-like ? Lord, Itrike me I will fearch all the Doors ac Whiteball,
dead here if it be not true.
but I will find it out ;) I not doing it, I
Axtell. I will not reflect upon him: faid, Why ſhould it be offered to me?
becauſe he hath appeal'd to my Con- Says Cromwell, Thou art a Peeviſh Fel-
ſcience, therefore I ſpeak it; it is known low: Cromwell fell a writing; as ſoon
notoriouſly how Jehu-like you were, as ever he had done that Writing, lie
when you were one of the Chief Guards gave Hacker the Pen; what Hacker
of his Majeſty, One of the Forey Hal- writes, I know not; and upon my re-
berdiers that did oppoſe every perſon fuſing, this Priſoner at the Bar faid, Col.
then for the King. Had I had Time, Huncks, I am now ahamed of you : The
and had not been a cloſe Priſoner as I Ship is now coming into the Harbour, and
was, there were Witneſſes enough. will you now ſtrike Sail before you caft
Council. This after our Evidence is Anchor ?
more proper.
Council. You obſerve the Courſe of
Huncks. Spare me not, Col. Axtell. this Evidence; there was a Warrant of
L. C. Bar. Take the old and ancient Commiſſion directed to Three Perſons,
Courſe, let the Witneſſes that are pro Hacker, Huncks, and Phaire, for Exe-
duced for the King be all heard, then cution of the King ; Cromwell demanded
give your Anſwer to all of them toge of this Gentleman (Col. Huncks) that he
ther.
ſhould ſign a Warrant by Virtue of that
Axtell. My Memory is not very other Warrant, and this Gentleman re-
good.
fuſed it. The Priſoner objects this,
L. C. Bar. You have Pen, Ink, and That he to ſave himſelf doth Witneſs
Paper.
this againſt the Priſoner ; Gentlemen,
L. C. Bar. Mr. Axtell, is this all that he did refuſe the thing. Have you any
you deſire to ſpeak to Col. Huncks ? thing to aſk Col. Huncks?
Axtell. Yes, my Lord.
Axtell. He ſays, Colonel Phayre and
L. C. Bar. Have you any other Que Hacker were there; I do not doubt but
flions!
they will be ſo conſcientious to vindicate
Council. My Lord, We have a few me from all this Charge.
Words: He objects as if Col. Huncks L. C. Bar. If it be any thing that
were under a Danger ; he is pardoned. tends to your Defence, that you will be
Axtell. I deſire to aſk him, upon what heard afterwards: But have you any
Account theſe Words were ſpcke? Queſtions to aſk Colonel Huncks?
Huncks. My Lord, It was this ; Axtell. No more; I know nothing of
Cronwell having a Conmiſiun, (which it, if I were to dye at this Bar preſently:
I think I heard read here, ) Colonel Csuncil. Sir Púrbeck Temple, Pray tell
4
my
A
The TKAL of the ReGICID B S. 145
my Lord and the Jury, your Knowledge are ſome fitting here (fixing his Eyes
of the Carriage of this Gentleman touch upon ſome Perſons near Bradſhaw) that
ing the Trial of his late Majeſty.
well knew, that if I would have for-
Sir P. Tem. My Lord, Being pre feited or betrayed the Liberties and
ſent, and engaged by ſome Perſons of Rights of the People, I need not have
Honour, Servants of his late Majeſty, come hither, (or Words to this Effect)
to be preſent when that horrid Murther but their Liberties and Rights are dearer
was acting before this Court of Juſtice, and nearer to me than my Three King-
(as they called it,) I was preſent at all doms, nay than my Life it ſelf; there-
the Trials of the King, and very near fore I deſire you to hear me, and re-
him ; I heard the King demand from member that I am your Lawful King,
Bradſhaw, by what Authority and Com that have done you many Acts of Grace
million they proceeded thus ſtrangely to and Favour.
try him? Then I heard the Lady Fair After which, this Perſon, Mr. Axtell,
fax, and one Mrs. Nelſon, (my Siſter,) Priſoner at the Bar, commanded the Sol-
after the exhibiting the Charge in the diers to cry out Juſtice; which the Sol.
Name of the Commons aſſembled in Par diers not readily obeying of him,. I ſaw
liament, and the good People of this King- him beat four or five of them with his
dom, against Charles Stuart, King of Cane until they cried out, (with him .
England; I ſay, I heard the Lady cry ſelf) Juſtice, Juſtice, Execution, Execu-
out from a Gallery over the Court, Not tion; which made me turn to a Noble
Half the People: It is falſe : Where are Lord, by whom I then ſtood, and faid,
they or their Conſents? Oliver Cromwel Pray, my Lord, take notice ; there is
is a Traytor. Upon which I heard the not above four or five that cry out fu-
Priſoner at the Bar cry out, Down with stice, Juſtice. I heard alſo of their ſpit-
the Whores, ſhoot them; which made me ting in the King's Face; and I think
take farther Notice of him. Seeing him no body's Sufferings have been ſo like
in Weſtminſter-Hall commanding the thoſe of our Saviour Christ Jeſus, as his
Soldiers there, I ſaw him the moſt active Majeſty's were. After this Perſon's
Perſon there ; and during the Time that crying Juſtice, Juſtice, Execution, Exe-
the King was urging to be heard, he cution, a ſecond time, the Court pro-
was then laughing, entertaining his Sol. ceeded to paſs a Sentence ; the which his
diers, ſcoffing aloud, whilſt ſome of the Majeſty preſſed hard againſt, and told
Soldiers, by his ſuffering, and (I be- him, Sir, before you paſs that ugly Sen-
lieve) Procurement, did fire Powder in tence, (which I very well underſtand you
the Palms of their Hands, that they did are intended to do) I defire you to hear
not only offend his Majeſty's Smell, but me ; hear me, hear me, paſſionately and
enforced him to riſe up out of his Chair, moſt affectionately expreſſing it; which
and with his Hand to turn away the they denying the King, and the Noiſe
Smoke; and after this he turned about of Juſtice, Juftice, Execution, Execution,
to the People, and ſmiled upon them, being repeated, they proceeded, and
and thoſe Soldiers that fo rudely treated read that ugly Sentence of Death, Af-
him: Then turning himſelf to Brad ter which, his Majeſty was immediately
faw, ſaid to him and the Court, There hurried away from the Bar inte a com-
Qo
I
37
146
The TRYAL of the ReGICIDE S.
.
a
mon Sedan, where he was carried by that I bid the Soldiers cry out for Juſtice;
two. common Porters; which Sedan I he doth not at all ſay I was there in
followed to the Middle of King-ſtreet, Command, but he faith a Lady, by
where I ſaw the two Porters in Reve- Report the Lady Fairfax, ſpake ſome
rence go bare, till the Soldiers (under Words, and that I ſhould bid the Sol-
the Command of the Priſoner at the diers ſilence her ; truly, I deſire to know
Bar) beat them, and would not ſuffer the Certainty of the Place where I
them to go bare when they carried him, ſtood ?
After this the People cried out, What! Sir P. T. My Lords, and Gentlemen
do you carry the King in a common Sedan, of the Jury, I ſaw this Perſon ſtanding
as they carry ſuch as have the Plague ? within a Pike or two's Length, as I can
God deliver your Majeſty out of ſuch Ene- gueſs it; (I remember the Place within
mies Hands. In which Streer I was for Yard ofthe Ground in Weſtminſterhull;]
ced to leave the sight of his Majeſty, I do not lay this Perſon fate in the Court
occaſioned by the Injuries and Hurts I as a principal Officer that did then hold
received in my Perſon from the Soldiers his Majeſty Priſoner at the Bar ; I did
under Axtell's Command, they carrying noc ſay it was a Lady unknown, or re-
him through the Streets ſhouting in Tri- ported to be ſuch a cne; but I ſaid it
umph. A ſhort Time after, I received was the Lady Fairfax, and my own
an importunate Command from a Lady Siſter, Mrs. Nelſon, and he cried, Shock
of great Honour, (a Servant of his Ma the Whores.
jeſty's) that I would endeavour to find Axtell. He ſeems now to ſay, I com-
out where the Body of the Martyr'd manded the Guards : I never was a
King was, and to give her an Account Guard to his Majeſty, or had any thing
where it then was. Applying myſelf to do in that Buſineſs, but it was wholly
to Whitehall, after two or three Intrea- committed to a Company of Men I
ties, I was denied ; but underſtanding knew not of. That Gentleman that
that Money would do it, I gave the ſpoke, I have no Acquaintance with
Perſons then under the Command of him; I think he did not know me at
Mr. Axtell, that then kept it, to ſhew that time.
it me, half a Piece, who in a ſcoffing L. C. Bar. Have you any thing to aſk
manner took me by the Hand, and ſaid him?
If thou thinkeft there is any Sanétity or Sir P. T. My Lord, Another Paſſage
Holineſs in it, look bere; where I ſaw he puts into my Memory; when I did
the Head of that Bleſſed Martyr'd King obſerve a thouſand of fad Faces, I ſaw
lye in a Coffin with his Body, which none laughing but yourſelf, as if you
ſmileti as perfectly as if it had been alive:
as if it had been alive: had been carouſing and entertaining the
This is the fad Account of the Martyrd Soldiers. I do not charge you, that
King, and this fad horrid Priloner, Mr. you commanded thoſe Halberdiers, but
Axtel.
thoſe Redcoats; you were all in Red:
Axtell. My Lord, May I aſk that I ſaw you cane thoſe four or five Soldiers
Gentleman fome Queſtions?
I mention'd, till they cried, Jufiice,
L. C. Bar. Yes, yes.
Fujiice, with you ; and that with the
Axiell. My Lord, He ſeems to ſay, Powder in the Palms of their Hands
clicy
The TRYAL of the REGICIDE S.
147
you?
they forced the King to riſe out of his that, immediately within half a Quarter
Chair, which you were much pleaſed of an Hour, Dendy came to the Gallery
with, and laughed at.
from the Court, to know who it was
Axtell. I ſay before the Lord, before that made that Diſturbance, but the
whom I muſt be judged again for this, Lady was withdrawn into my Chamber,
I do deny this whole Evidence.
and did not come out afterwards.
Griffith Bodurdoe, Eſq; Sworn.
Axtell. Where was this, Sir?
Gr. Bod. My Lord, and you Gentle L. C. Bar. What is it you deſire ?
men of the Jury, I was at the Time of Axtell. My Lord, Where he ſaw me
this ſad Trial in Weſtminſter-ball.
then ?
Axtell. Your Name, Sir, I beſeech L. C. Bar, Mr. Bodurdoe, you hear
the Queſtion.
Council. His Name is Bodurdoe.
Mr. Bod. There was a Gallery, which
Gr. Bod. I ſay, I was all the Time of I do believe is yet ftanding, and the
the King's Trial in Weſtminſter-ball; I Court was juſt underneath the Gallery,
was in at Gallery that I had out of my and you were juſt underneath the Galle-
Houſe where I then lived, juſt under ry, and five or ſix Soldiers with you.
and beſides the Houſe of Commons, and
Richard Young ſworn.
I do remember I ſaw this Gentleman Council. What do you know of the
there ; I do think he was then called Carriage of the Priſoner at the Time of
Lieutenant-Colonel Axtell, ſo far as I the Trial.
remember ; truly I have not ſeen hin Young. I was upona Scaffold, whereby
ſince before this Day, nor had any Rea I did ſee what was done in the Hall; I
ſon to have known him, but that I ſaw ſaw that Lieutenant-Colonel Axtell was
him very active in giving Commands to buſy and very active in encouraging the
the Soldiers there : This Gentleman was Soldiers to ſay, Let us have Juſtice againſt
keeping the Court, letting ſome in, and the King.
putting others out; he ſeemed to have Axiell. I deſire to aſk Mr. Young one
Command of it; one Day (whether it Queſtion; others ſay the Word was,
was about ſome Paſſage of their Preſi- Cry for Juſtice ; this Gentleman is plea-
dent's Speech, I know not) there was a fed to make ſome Addition, Let us have
Lady in the ſame Gallery where I ſtood, Justice against the King.
and ſome muttering, It is a Lye, not Young. No, not againſt the King ;
half ihe People, or Words to this Effect; but I conceived you meant againſt the
he the now Priſoner at the Bar ſtandirg King.
below in the Court within the Bar, not Axiell. I cry your Mercy ; you do
far from Dendy, with ſome five or fix but conceive fo.
Soldiers, upon this Muttering and Di Young. You were upon the Right
turbance (as he apprehended) to the Hand of the Hall, almoſt at the Corner
Court, hè called to the Soldiers, ſaying, near the Pavement ; it could not be
Shoot them if they' ſpeak one word otherwiſe applied.
more; they did alſo preſent the Muzzles
John Jeonar ſworn.
of iheir Muſkets up to the Gallery ; my Council. Speak your Knowledge of
Lord, by this we were very huſh; after Colonel Axtell's Carriage at the High.
5
Court
G
)
V..
148
The TRYAL of the REGICI DE S.
Court of Juſtice.
Axtell. Are you certain ? I have heard
Jeonar. I had the Honour to wait other Men, I confeſs, accuſed for this,
upon the King as a Domeſtick Servant ſome other Officers.
to the Time of his Death ; that Day, Jeonar. I did hear you ; I do know
which was the firſt Day the King was you by Sight.
brought to his Trial, I did wait upon Council. You know him now to be
him among other Servants; we ſtood the ſame Perſon.
cloſe to the Bar where the King was, Feonar. Yes.
ſome three or four of us Colonel Axtell
Samuel Burden ſworn.
was upon the Right Hand of us, com Council. Tell my Lord, and the Jury,
manding the Guard to keep Things in what you know of the Carriage of the
Order; when the Court was to be with. Priſoner.
drawn, (the many Circumſtances about Burden. My Lord, and Gentlemen,
the Lady Fairfax ſhall be omitted ;) the I do believe Colonel Axtell knows me
Preſident commanded the Priſoner to be well enough ; I was then under his own
withdrawn; with that Colonel Axtell Command at Whitehall; there were
ſteps down before me to draw out his fome Cavaliers then in the Regiment ;
Guard; this I heard him fay, Soldiers, it was my Fortune I came into your
cry for Justice, Juſtice; I was the next Company, I wiſh I never had : You
Man to him ; and upon the laſt Day of commanded more beſides my ſelf to be
the Trial he did come down in the ſame a Witneſs againſt the King, and Juſtice
manner, and bid the Soldiers cry out for Cook took my Examination; you brought
Execution, Execution.
me in, you commanded the Guards that
Axtell. I do deſire a Queſtion may be Time at Whitehall, when the King was
aſked of that Gentleman;
I muſt confeſs upon his Trial.
I did not know the Gentleman at that Axtell. What more?
time, though he ſaid he knew me; he Burden. And you commanded Eliſha
feems to ſay, that at the firſt Day I en Axtell with a File of Soldiers to take a
couraged the Soldiers to cry, Juſtice, Boat and go down to the Common
Juſtice ; and, the laſt Day, Execution, Hangman, that liv'd beyond the Tower,
Execution; What Place was this in, to execute the King ; he is now She-
Sir?
pard's Serjeant in Ireland.
Jeonar. I tell you, the King was Axtell. My Lord, I deſire to aſk himn
brought from Cotton-Houſe through a a Queſtion; he was pleaſed to ſay, I
Guard that you managed of Muſqueteers, deſired him to be a Witneſs.
and with a Guard of Partizáns, beſides, Burden. Yes.
there was myſelf and others there : When Axtell. Where was it?
the Court was diffolved, you ſtept down Burden. In the Court at Whitehall.
juſt before to draw your Guard to make Axtell, My Lord, I have ſeen the
ready, and to cry, Juſtice, Juſtice ; and printed Liſt of Witneſſes againſt the
the fecond time, Execution, Execution ; King; and in that Liſt you ſhall find
you were very near me, and then you no ſuch Name.
cried, Juſtice, Juſtice, Execution, Exe Burden. I have been a Priſoner in
aution.
Dublin by your means.
Axtell.
The TRIAL of the RegiCIDE S.
149
2
Axtell
. My Lord, I hope you will Council. Tell my Lords, and Gentle-
take notice of that.
men of the Jury, touching the Diſcourſe
Gouncil. Burden, Do you remember between you and the Priſoner at the Bir
any of his Commands to Web, to draw in Dublin.
up in the Banqueting - Houſe?
Nelſon. My Lords, and Gentlemen
Burden. He commanded Web to draw of the Jury, Upon a Diſcourſe with the
up in the Banqueting Houſe, during the - Priſoner at the Bar in Dublin, five or ſix
Time of Execution, his own Company. Years ſince, upon the Platform in that
I was one of his own Company then. Caſtle, we diſcourſed of the late King's
Council. In Order to what?
having had ſeveral Reports, I deſired to
Burden. For Execution.
know of him who it was that executed
Axtell. My Lord, Is Web here? the King, thinking he might inform
Burden. He is in Dublin.
me; he was pleaſed to tell me this :
Axtell. I wiſh he were here.
Saith he, the Perſons that were employ.
Edward Cook ſworn.
ed in that Service, you know them as
Cook. And it pleaſe your Honour, well as I do; truly, 'Sir, not I, ſaid I ;
my Lord; the laſt Day of the Trial of I ſaw them in Vizards, but not their
his Majeſty I came into Weſtminſter. Viſage, as I know of; yes, faith he,
Hall; coming where the Court was, I you do know them ; it is true, faith he,
did ſee Colonel Axtell, the Priſoner at
my
ſelf and others were employed in
the Bar, there with ſome Muſqueteers. that Affair, in order to the Execution ;
Council. What Day was this?
but there were ſeveral Perſons came and
Cook. The laſt Day of his Majeſty's offered themſelves, out of a kind Zeal,
Trial.
to do the Thing, but we did not think
L. C. Bar. Go on, Sir.
it proper to employ Perſons whom we
Cook. Standing there a little while, did not know; but we made choice of
his Majeſty came guarded with ſome a Couple of ſtout Perſons. Pray let me
Halberdiers; when he came by the hear their Names, faith I; faith he, it
Soldiers that ſtood with Colonel Axtell, was Heulet and Walker; I deſired to
his Majeſty bowed, and afterwards put know their Reward ; truly, faith he, I
off his Hat, and went up to the Court; do not know whether 301. apiece, or
I cou'd not know what Bradſhaw ſaid between them: I ſaid, it was a finall
to him, I ſtood below; I heard him Reward for a Work of that Nature ;
fay, he was brought by the Conſent of truly, faith he, that was all.
the Commons and people of England; Axtell. You named one Man, I did
there food a Lady above in a Gallery, not hear the other named.
crying out, It is a Lye; Where are the Nelſon. I named Heulet and Walker j
People, or their conſents? Cromwell is he was one that managed the Execution;
a Traitor : Whereupon Colonel Axtell he told me ſo, and it pleaſed you, Sir,
ſtanding by, faith he, What Drab is Axiell. He is pleaſed to ſay, that in
that that difturbs the Court ? Come Ireland there was ſuch Conference, was
down, or I will fetch you down.
any Body by!
Mr. Nelſon (worn.
Nelſon. No, Sir.
38
Рp
A
150 The TRY A L of the R EGICIDE s.
Axtell. Did I name any Body to you? ſoner ; and therefore, my Lord, I ſhall
Nelſon. You named thoſe two Pere beg that humble Favour, that wherein
ſous.
I ſhall fall ſhort to make the beſt Im-
Axtell. Certainly I muſt invent them provement of my Plea in Matter of Law,
then, for I had no more Knowledge of that your Lordſhip will help me, and
them then any one here.
not take Advantages againſt me, as to
Nelſon. You told me, you were one the Niceties, Formalities, and Punctilios
of them that had the managing of that of the Law; and, my Lord, this is a
Affair.
Reſemblance of that Great Day, where
Council. My Lord, We have done Chriſt will be Judge, and will judge the
with our Evidence; thoſe Particulars Secrets of all Hearts, and of all Words,
that were firſt opened to you, have ren and of all Perſons, and by hiin all Ac-
dred the Priſoner much a blacker Perſon tions are weighed; he knows all our
chan we thought: We leave him to his Hearts, whether there be Malice, or
Defence.
how it ſtands in the Frame of each Heart
Axtell. May it pleaſe your Lordſhip, before him in this place ; and therefore
in the firſt place, becauſe I am ignorant I hope there will be nothing by prejudg.
in the Laws, I deſire to know upon ing, or any thing by precluding me to
what Statute this Indictment is ground- be ſo black a Perſon as it ſeemed to be
ed.
againſt me. My Lords, I muſt ſhorten
L. C. Bar. It is grounded upon the the Time, and come to ſpeak as to the
Statute of the 25th of Edward the Authority.
Third.
L. C. Bar. As to what, Sir ?
Axtell. My Lords, I muſt acknow. Axtell. I ſpeak as to the Authority by
lelge my Ignorance of the Laws, being which, or under which, I acted : 1
a Thing I never ſtudied, nor have the humbly conceive, my Lord, under Fa-
Knowledge of; but I have heard it is vour, that I am not within the Compaſs
the Duty of your Lordſhips and the of that Statute of the 25th of Edward
Judges to be of Council for the Priſoner the Third, for that queſtionleſs muſt
in Things wherein he is ignorant in intend private Perſons, Counſelling,
Matters of Law, to make his juſt De Compoſing, or Imagining the Death of the
fence ; and therefore, my Lord, the King. But you know, my Lords, the
Indictment itſelf being Matter of Law, War was firſt ſtared by the Lords and
if your Lordſhips pleaſe not to grant me Commons, the Parliament of England,
Council to ſpeak to Matters of Law, 1 and by Virtue of their Authority was
humbly pray that your Lordſhips will forced to be raiſed, and they pretended
be pleaſed, that for want of Knowledge, by Law that the Right of the Milicia
Forınalities, Punctilio's, and Niceties was in them; and your Lordſhips will
of the Law, I might not undo myſelf: remember in ſeveral' Declarations and
I have heard that by a Learned Judge, Aets that were mutually exchanged be-
that thougii the Judge be of Council to tween his Majeſty and Parliament; and,
the King, yet by his Oath he is alſo to my Lord, that was the Authority, the
be Counſellor to the Priſoner, and ſtands " 'Lords and Commons allembled in Par-
as Mediator between the King and Prin liament raiſed a Force, and made the
5
Earl
The TRYAL of the REGICIDE S. 151
Earl of Eſſex General, and after him bly conceive, to bear out ſuch as acted
the Earl of Mancheſter, of the Eaſtern thereby. And, my Lord, the Parlia-
Aſſociation ; and after that, Sir Thomas ment thus conſtituted, and having made
Fairfax, Lord General of the Forces : their General, he, by their Authority,
By this Authority I acted, and this Au did conſtitute and appoint me to be an
thority I humbly conceive to be legal, inferior Officer in the Army, ſerving
becauſe this Parliament was called by them in the Quarters of the Parliament,
the King's Writ, choſen by the People, and under and within their Power ; and
and paſſed a Bill they ſhould not be dif what I have done, my Lord, it hath
folved without their own Conſents ; that been done only as a Soldier, deriving
the Parliament was in Being when the my Power from the General; he had
Trial wis, and a Queſtion whether yet his Power from the Fountain, to wit,
legally diffolved.
the Lords and Commons; and, my
In the Fourth place, They were not Lord, this being done, as hath been
only owned and obeyed at Home, but faid by ſeveral, that I was there, and
Abroad, to be the chief Authority of had Command at Wijtminſter-hull, tru-
the Nation, and allo owned by Foreign ly, my Lord, if the Parliament com-
States and Kingdoms, ſent Ambaffadors manded the General, and the General
to that purpoſe: Under them did all the inferior Officers, I am bound by
the Judges of that Lard act, who ought my Commiſſion, according to the L:1w3
to be the Eye of the Land, and the very and Cuſtoms of War, to be where the
Light of the People, to guide them in Regiment is; I came not thither volun-
their right Actions; and I remember tarily, but by Command of the Generalı:
the Judges upon á Trial, (I have read who had a Commiſſion (as I laid before)
it of High Treaſon) Judge Thorp, Nin from the Purliament. I was no Couniel.
cholas and Jermin have declared it pub- lor, no Contriver, I was no Parliament,
lickly, That it was a lawful juſtifiable man, none of the Judges, none that
Thing by the Law of the Land to obey Sentenced, Signed; none that had any .
the Parliament of England.: My Lord, Hand in the Execution ; only that which
It farther appears as to their Authority is charged is, that I was an Officer in
over the People of this Nation, Peticion the Army; if that be lo greit a Crimne,
ing them as the Supreme and Lawful I conceive I am no more guilty than the
Authority : And, my Lords, as I have Earl of Ellex, Fairfax, or the Lord of
heard it hath been objected, that the Mancheſter.
Houſes of Lords and Commons could Judge Mallet. You are not charged
make no A&t; truly, my Lord, if you as you were an Officer of the Army.
will not allow them to be Acts, though Axtell. My Lord, This is the main
they entitle them fo, call them ſo, and Thing they do inſiſt upon : My Lord,
,
obeyed as ſo, by the Judges, Miniſters, I ain no more guilty than his Excellency
and Officers of State, and by all other the Lord General Monk, who acted by
Perſons in the Nation, yet I hope they the ſame Authority, and all the People
cannot be denied to be Orders of Parlia in the Three Nations; and my Loril, I
ment; and were they no more but Or do humbly ſuppoſe, if the Authority
ders, yet were they ſufficient, as I hum- had been only an Authority in fact,
and
+
* 1
152 The TRYAL of the REGICI DE S.
?
-
and not Right, yet thoſe that acted un where they do, my Lord, expound that
der them ought not to be queſtion'd; very Statute in the Declaration made
but if the Authority commanded, what in 1643, Folio 722. I come to the de-
focver Offence they committed, eſpeci- clared Judgment, wherein they did po.
ally that that guided me, was no leſs fitively fay, That the Perſons that do
than the declared Judgment of the Lords act under their Authority ought not to
and Commons ſitting in Parliament: be queſtioned as Perſons guilty, Fol. 727.
They declared, that was their Right as that is the Expoſition that the Lords and
to the Militia ; and having explain'd Commons aſſembled in Parliament doth
ſeveral Statutes of Henry the 7th, wherein make upon the Statute.
the King having interchanged Declara Council. My Lord, This is an Argu-
tions with the Parliament, the Parlia mentation of Diſcourſe in Juſtification
ment comes to make an Explanation on of his Proceedings; we deſire to know
that Statute ; and, my Lord, it is in what he will anſwer as to the Plea?
Folio 280, wherein they do poſitively Axtell. My Lords, I have this. far-
expound it, and declare it as their al. ther to ſay, That if a Houſe of Com.
lowed Judgment. To clear up all Scru. mons aſſembled in Parliament may be
ples to all that ſhould take up Arms for guilty of Treaſon, (for the Truth is, if
them, faith the Parliament there, as to I acted Treaſon that acted under the
the Statute of uith of Henry the 7th, Authority of the Lords and Commons
Chapter the firſt, which is printed at in Parliament, and of the Commons in
large, comes there to explain it in ge Parliament,) then doubtleſs they muſt
neral, and comes here, Folio 281. and begin the Treaſon: If the Houſe of
gives this Judgment: It is not, ſay they, Commons, who are the Collective Body
agreeable to Reaſon or Conſcience, that and Repreſentation of the Nation, all
any one's Duty ſhould be known, if the the People of England, who choſe then,
Judgment of ihe High Court of Parlia are guilty too; and then where will
ment be not a Rule or Guide to them. In be a Jury to try this ? Concerning the
the next place, This is the next Gui. Commons alone, I have been over-
dance, Rule, and Judgment of Parlia ruled.
ment, upon the Expoſition of this Sta-
L. C. Bar. If you have any thing to
tute, and as they have ſaid in ſeveral ſay to the Lords and Commons, anſwer
Places, (was it not too much to take up to your Charge: Your Charge is nothing
your Lordſhip's Time) they are the of the Lords and Commons, but what
proper Judges and Expounders of the you acted when the Houſe was broke
Law. The High Court of Parliament and forced.
have taken upon them to expound the Council. You cannot but know, that
Law, and ſaid, That we Lawyers will there is nothing charged againſt you,
give the Meaning of the Text contrary for which you can ſo much as pretend
to what they have expounded the Mean an Authority of the Lords and Coni-
ing under their Hands. In the ſame
You know, before you could
Declaration, his Majelty is pleaſed to do this horrid Murther, you were the
quit that Statute upon which I ſtand in Perſons that deſtroyed the Lords and
dicted, the 25th of Edward the Third, Commons both. Indeed you ravel in a
Buſineſs,
ch
mons:
.
The TRYAL of the REGICIDÈ S. 153
you
War, by the Mercy of God, this Na.
Bi fineſs, and to make People gaze upon and Repreſentatives in Parliament had
u without any Ground.
agreed to it; a Treaty was begun, Terms
Axtell
. I am upon my Life; I hope of Peace propounded and agreed to ;
you will hear me patiently.
this you cannot forget, and will have no
L. C. Bar. God forbid but we ſhould. Need of Notes and Books to help your
Axtell. I do deſire to affert my Au- Memory: When the People groaned
thority: If any thing was done upon the under the Miſeries of War, and thirſted
Houſe of Lords and Commons, I do after Peace, then came up the Army,
not come here to juſtify their Actions, I who were Servants to the Parliament till
was not concerned in it. My next Plea that Time, taking upon them the Au-
is this; That if a Houſe of Commons thority ; (you cannot forget, that you
can be charged guilty of High Treaſon yourſelf was one of the Number that
as a Cominunity, the diſtributive Body came to offer Accuſations againſt the
muſt needs be guilty.
Majority of the Commons Houſe, call-
Court. If there ſhould have been 20 ing them Rotten Members ;) the Houſe
or 40 Men come out of the Houſe of of Lords was not then ſuffered to fit,
Coinmons, and ſhould murther a Man, they would not join in that Ordinance
they muſt anſwer for that ; it is not the that was preparing for the Trial of the
Community that can do ſuch an Act of King; when the Lords had refuſed,
Treaſon : Theſe Perſons that you call a they were no longer fit to be Lords nei-
Houſe of Commons, there was but 26 ther; then comes in a new Authority,
of them, and theſe muſt be the People ; which we never heard of before ; a
this is the State of the Cafe ; ard when Remnant of the Houſe of Commons
you have thruſt out thrice the Number joining with the Army, that had driven
of thoſe remaining, only thoſe can ſerve away the greateſt Part of the Houſe of
your turn.
Commons; (for in all Affemblies and
Lord Anneſly. Mr. Axtell, I am very Courts the Major muſt determine, or
forry to ſee you in that Place, and it no Determination,) after this Courſe
troubles me as much to hear you vent was taken, then is an Act ſet on Foot,
that for an Authority, which you know they take upon them by Votes of their
yourſelf was no Authority; you would own to be the Parliament of England ;
now, for your Defence for Life, (and it that the Supreme Power of the Nation is
is Reaſon you ſhould make as full a De in the Repreſentatives of the People:
fence for Life as you can,) you would Who were they? Thoſe few only that
Thelter yourſelf under that Authority, remained ; almoſt all the Cities, Coun-
which I am ſorry I muſt ſay were one of ties and Boroughs of England had none
the greateſt Violators of. You cannot left to repreſent them, they were driven
forget how near a Cloſe of this bloody away by Force, then was this Act of
Parliament (ſuch an Act as was never
tion was, when the Army interpoſed, heard of before) ſet on Foot and paſſed
whoſe Trade it was to live by War; as an Act by a few of the Houſe of Com-
when they had felt ſo much of the Sweet mons;
if you can plead this for your
of War, they would not ſuffer the Peo Defence, this is the Act that you muſt
ple to enjoy Peace, though the Lords · Thelter under. But you know, the Lords
39
Qa
and
***
Ile TRYAL of the R.LGICID B 3.
:
stod Cominona unanimouſly reſolved truly and fairly ſtated by your Lordſhip,
for Peace, and ſo agree with the King, and theſe Honourable Judges, that
If this Act will be any Defence, you whether a Man being guided by the
miy plead it to the full ; and this is all Judgment of the Lords and Commons
you have to ſay, therefore go upon no aſſembled in Parliament, and having de-
foreign Matter.
clared theii Judgments and Expolition
Axtell. If it plcaſe your Lordſhip, of that Statute of the 25th of Edward
that worthy Lord that ſpoke laſt is the Third, and acting only by that Judg.
pleaſed to ſay, that I was one of the ment of Parliament, and under their
Perſons that did accuſe ſome of thofe Authority, can be queſtioned for Trea-
Members of Parliament; truly, my ſon. That, my Lord, is a Queſtion
Lord, I never did come to the Com that I do humbly think is a Point in
mons Bar but once, preſenting a Peti. Law; and that you will pleaſe fairly
tion; and for my Hand either in charg- and truly to ſtate it, whether I am
ing any of the Members, or ſecluding within the Compaſs of that Statute
any of them, I never had any Hand whereupon I am indicted.
in that Matter; this is all to that Part. Council. My Lord, we do not charge
Next, I humbly conceive here I muſt him with any thing that he did act un-
ground my Bottom, and if I periſh, I der the Colour of his Commiſſion, or
periſh by a Judgment in a Parliament ; with any thing he did before that; but
my
Commiſſion that did authorize me that which we charge him with, are the
to obey my General, was given me when Acts that he did at the Trial of the King,
the Lords and Commons fate in Parlia- ſhew us your Commiſſion from the Lords
ment: I had no other Commiſſion than and Commons aſſembled in Parliament
this: My Lord Fairfax commanded the for Trial and Execution of the King,
Army after the King's Death by the like you ſay ſomething; we do not charge
Commiſſion ; I did but my Duty in go- him for any thing done by Vertue of
ing to my Regiment; the General faith, that Commiſſion, but with thoſe violent
Go to ſuch a Place, ſtay there; if I re Acts that he did in encouraging the Sol-
fuſe, by the Law of War I dye ; if I diers to cry, Juſtice, Juſtice, Execution,
obey, I am in Danger likewiſe: I ſay, Execution, and all thoſe other violent
my Commiſſion was given me by the Actions of his own malicious Heart a.
Lords and Commons, and therefore I gainſ the King. We humbly beſeech
hope, my Lord, that what I have ſaid you, he may anſwer to that which is
and offered in that Particular is not the Charge againſt him, and that is,
truthleſs, but of Weight.
the Compaſſing and Imagining the Death
Court. The Effect of your Commiſſion of the late King, and his declaring that
is only to make you an Officer.
by thoſe Overt-Acts that we have pro-
Axtell
. My Commiſſion bears Date the ved. My Lords, we deſire that the
27th of March, 1648. ten Months be- Priſoner at the Bar may remember that
fore the King's Death ; we had no other he is not indicted for Levying War
Commiſſions; therefore I humbly con- againſt the King; if ſo, then that, Sir,
ceive the Queſtion will be this in Point which you offer" might be given as a
of Law, and I humbly deſire it may be Plea, and we ſhould have ſpoken to it ;
but
.
The TRYAL of the REGICIDE 8. 1 55
you ſay
but you are indicted for Compelling and we do not meddle with ; the Reaſon
Imagining the Deail of the King; and and Ground of what they did, was the
that which we have given in Evidence Preſervation of the King's Perſon, as
.
were the ſubſequent Overt-Acts to prove well as the Maintenance of the Liws
the fame.
and Liberties of this Nation ; they made
Axtell. I hope you will not think it Proteſtations, Declarations, and Oaths, ,
much to give me ſome more Freedom for the Preſervation of the King's Per-
for my own Defence for Life: My fon; and you could not but take notice
Lord, I muſt needs ſay, though there of thoſe Things. Now, whereas you
was a Force on the Parliament, I am go about to ſhroud yourſelf, under the
not to juſtify it ; I was no Lawyer, no Lord Fairfax; he had no ſuch Power, ,
Stateſman, no Counſellor, but a Soldier; and therefore you can challenge no
and if the General, who had a Com more than he had; and to what
miffion from the Lords and Commons, concerning the Judgment of the Parlia-
and that ſome Years before and after the ment, there will be a great deal of dif-
King's Death, be not guilty of Treaſon, ference between a particular Caſe, and
what I did was by Command from my a Declaration of Lords and Commons ;
General ; and though I am charged there is nothing you have ſaid that hath
with being in Arms in Weſtminſter-ball, any thing of Force, and God forbid
and at ſuch and ſuch a Place, yet it was you ſhould make uſe of it ; but I muſt
not a voluntary Act, for I was bound to tell you, you could not but notoriouſly
obey my General ; I do humbly pray,
I do humbly pray, know all thoſe Tranſactions that were
that I may have your Lordſhip's Judg- . in the Army, what the Army had done,
ment in this Point ; I muſt ſay, it was that they caine up with Swords in their
from the Senſe of their Expoſition of the Hands, and turn'd out whom they
Law, and of the Statutes, and from would ; you ſaw what the Lords and
the Authority, that every one took up Commons had done, that the Treaty
Arms for, and ſerved them, and obeyed was ready for its Birth; and then you
either the one General, or the other; came up with your Mirmidons, with
I ſay, it was under this very Authority, Force and Arms, and exclude the great-
and this muſt needs acquit me from all eft Part of the Members, and then the
the Guilt that is laid upon nie.
Lords were laid aſide: It is true, the
L. C. Bar. You put yourſelf upon Lords were not wholly diſſolved, but
the Judgment of the Court, upon this they would not ſuffer them to ſit, nor
which you call a Point'in Law. Firſt, Act at all, and this was apparent to the
It is manifeſt that there is no Excuſe at Nation. If Men, under Colour and
all for Treaſon; no Man by his Com- pretence of ſuch Things, namely, that
miſlion can warrant the doing of an Act a few Perſons, (for ſo they were ) but an
which is Treaſon : You muſt take notice Eighth Pare of the Houſe of Commons
of the Authority, whether it be good permitted to remain, and of that Eighth
or no; your Commiſſion was not to Part, (which was but Forty Six in the
put the King to Death, but on the con whole) there was but Twenty Six that
frary, to preſerve the King's Life. The Voted that Act which you ſay you
Lords and Commons, what they did obeyed. But you ſay you' obeyed the.
General;
9
156
The TRYAL of the ReGICIDE S.
General; you are not to obey the Gene Axtell. I only refer this as to the Au.
ral in this Caſe; for the Facts which you thority; (I humbly conceive you will
have committed are not charged as Acts give me Leave to infift upon this, and
of War ; you are not charged for bring- how far I may improve it for my own
ing the Soldiers in, but for thoſe violent Defence ;) here is the Commiſion by
Actions that you were guilty of there ; which my Lord Fairfax acted, and
you made the Soldiers cry out Juſtice, that after the King's Death, and I acted
Juſtice, Execution, Execution ; you ſent by the ſame Authority he did; I had
officiouſly for a Hangman to come down not been at Weſtminſter-Hall, but on the
to you; your Commiſſion gave you Command of the General.
no Power for this; the Death of the Court. Doth that Commiſſion autho-
King, you know how it was deſigned ; rize
you to cry, Juſtice, Juftice? And
you know the Act for the bringing in of to look up and down to get Witneſſes
that Commiſſion (as they call'd it) to fit againſt the King? Is that in your Com-
in Juſtice, was after the Houſe of Com miſſion?
mons was reduced to a very ſmall Nuni Axtell. I am to ſerve and obey all
ber, and ſome of thoſe difſenting too; my Superior Officers, that is my Con-
what
you did act under that Authority, miſſion; if I do not, I die by the Law
if you can juſtify it, in the Name of of War.
God ſay ſo; but do not engage the Na Court. You are to obey them in their
tion in thoſe Things which they ab- juft Commands í all unjuſt Commands
horred, and by the Mercy of God are, are Invalid. If our Superiors ſhould
laid aſleep.
command us to undue and irregular
Mr. Juft. Foſter. You begin at the Things, (much more if to the commit-
wrong End, you ought, as all Men ting of Treaſon,) we are in each Cafe to
ought to do, firſt to anſwer the Matter make uſe of our paſive, not active Obe-
of Fact, and not to put in theſe long dience.
dilacory Pleas, till you have anſwered Axtell. Under Favour, it is not pro-
the Matter of fact, whether thoſe
whether thoſe ved, that I did either compaſs or ima-
Things charged on you be true or not; gine the King's Death ; that is Matter
then if you have any Thing further to of Fact.
ſay for yourſelf by way of Excuſe, it Court, Let us try that.
will be Time to ſpeak, and not before. Axtell. My Lord, I did nothing but
Axtell. May it pleaſe your Lordſhip, as a meer Soldier; I had Authority from
I humbly conceive I ain upon that Me. the General; I would leave this before
thod to the firſt Part of the Witneſs; your Lordſhip and the Jury; that what
they accuſe me for commanding my Sol. I have done, hath been by Authority of
diers in Weſtminſter-Hall; then I muſt the General.
prove my Authority, which I have been Lord Hollis. Sir, a Word to you: If
about to do, and declared the Judgment you could fatisfy the Court that you had
of Parliament.
received a Commillion from the Gene-
L. C. Bar. The Court have heard ral to do thoſe Things with which you
you with a great deal of Patience, and ſtand charged, it were ſomething, then
that which is not at all to the Buſineſs,
were it proper for you to plead it, and
3
the
The TRYAL of the Regicide S.
157
T
the Court to judge. Pray take this along of which you did act, it ſhews that you
with you, the General gave you no ſuch did not at all go by any Authority, but
Command; what you are charged with you followed your own Lufts; and there-
in the Indictment, is for compaſſing and fore do not ſew theſe Fig-leaves together,
imagining the Death of the King, and which will ſtand you in no ſtead, if you
that, by ſuch and ſuch Overt-Acts, as will apply your ſelf to anſwer that which
making your Soldiers cry out Juſtice and you were charged with, it were ſome-
Execution ; for being active and forward thing.
in fending for the Executioner, and ſuch Axtell. I do deſire to have no more
other Acts; prove theſe in your Com-
Com- Interruptions than is meet, in taking
miſſion, and you ſay ſomething: I am my own Defence. My Lord, here are
ſure you cannot be ignorant that that many Things by way of Motive urged
very Authority that you now do urge to to the Jury, which is not within the
give Life and Power to your Actions, Charge; I deſire I may have that fair
that you deſtroyed it, laid it in the Duft, Play, that nothing may be urg'd but
acted contrary to it ſeveral Ways. what is in the Charge.
When the Parliament proteſted againſt L. C. Bar. You give the Occaſion,
fetching the King from Holmby, as they Mr. Axtell; keep to the Matter, and
did, when they went on proceeding in you ſhall not be interrupted.
the Way of Peace, then came you up
Lord Hollis. I ſkiall be very ſorry to
to the Bar, (I think you yourſelf ) and urge any Thing againſt you which doch
charged ſome of the Members ; firſt in noth neceffarily follow ; for what you
as rotten Members, and theſe Men were ſay touching your Authority, I ſhall ſhew
forced away; this you know your Gene you have no Authority.
ral had no Commiſſion to do; and this Axtell. My Lord, I have the ſame
you know was a Violation of that Power Commiſſion as the General; what I did
that gave our General the Commiſſion. was not of mine own Head, I had a
After that, when the Treaty was brought Command. As for all that hath been
on in the Iſle of Wight, when there was charged againſt me, I ſhall ſay this, I
great Hopes of Peace, then you knew was none of the Court, I did not fetch
the King was hurried thence by Force, the King from the Iſle of Wight, nor
which the Parliament proteſted againſt. advis'd,
advis’d, compafled or imagined his
After that, when both the Houſe of Death, or ſentenced him to Death, or
Commons and Lords came to conſider ſigned the Warrant for his Execution,
of one Particular that paſſed, they reſol or executed him ; I am none of them,
ved that it was ſufficient Ground to pro my Lords; and therefore whoever did
ceed on for the Settlement of Peace; make any Breach upon the Houſe of
then did you fall upon theſe Houſes, Commons, they were Grandees, Perſons
and tear them in Pieces, and throw out of a greater Quality; I was an inferior
above 200, ſuffering only about 40 to Officer ; I was never at the Houſe Bır,
remain ; and they were glad to ſend for but upon preſenting one Petition to the
One Member out of Priſon, to make Parliament from the Army. I ſhall
up a Houſe. That which you ſay of the now come to ſpeak to the Evidence
fupreme Authority, and that by Virtue which hath been given particularly a-
40
Rr
gainst
158
The TRIAL of the REGICI D E S.
worst
-
gainſt me: And the firſt, my Lord, is that upon his Refuſal to ſign the War:
Mr. Syempron, he faith, I had the Com rant for executing the King, I faid to
mands of the Guards at Weſtminſter. Hall: him, Col. Huncks, I am aſhamed of you,
My Lord, I have told you already, the Ship is now coming into Harbour, and
ſhewn you by what Authority I came will you ſtrike Sail before we come to An-
tl:icher, and that I ought not to refuſe ; cher? Truly, my Lord, I think all
if I had, according to the Laws of War that amounts to nothing, if it were fo,
I muſt have ſuffered Death. And that which I deny it ; for to bring the Ship
is all as to Mr. Sympſon, only that a into Harbour, what is That? There is
Lady (he knows not who) ſpoke ſone no Perſon named, Fact named, or De.
thing there.
ſign named; and I appeal to my Con-
L. C. Bar. He ſaid, he heard you ſcience, I remember not the Time,
bid the Soldiers give Fire againſt the Place, Perſon, or Words ; and I can
Lady.
call for Col. Phayre, and Col. Hacker,
Åxtell. My Lord, I muſt ſay, if who were there ; for I deſire Things
there was any Lady that did ſpeak, who may appear right; I deſire they Two
fhe was I know no more than the leaſt Perſons may be called for their Evidence
Child here; hut, my Lord, to ſilence in that Point.
a Lady I ſuppoſe is no Treaſon ; if a L. C. Bar. They both are in the ſame
Lady will talk impertinently, it is no Condition ; Col. Hacker in the Priſon
Treaſon to bid her hold her Tongue. behind you, Col. Phayre in the Tower;
L. C. Bar. A Lady was ſpeaking per Mr. Axtell, you know the Strength of
tinently enough, when ſhe heard Brad one affirmative Witneſs, I ſaw ſuch a
jaw lay to the King, ſuch a Charge is Man, and heard ſuch a Man fay, &c.
exhibited, a Charge of High Treaſon a is more than if Twenty ſhould witneſs
gainſt him in the Name of the Commons they ſtood by, but did not ſee him, or
affeinbled in Parliament, and the good hear him ſpeak.
People of England; ſhe ſaid, That was Axtell. My Lord, he faith only this,
a Lie, nor half nor a quarter of the Peo. I ſaw you at the Door going into Ireton's
ple of England, that Oliver Cromwell Chamber, and ſaid, Will you ſtrike
was a Traytor; then you took upon you Sail, &c? Truly, my Lord, he doth
to command Soldiers to fire at her, and not ſay what, or how, or any Thing I
accordingly they levelled the Muzzles of meant; there muſt be according to Sir
their Muſquets towards her.
Edward Coke's 7th Book of his Inſtitutes,
Axtell, My Lord, as to that Particu. that Oracle of the Law, he faith, That
Jar concerning Oliver Cromwell, or any Evidence ought to be as clear as the Sun
other Words concerning the Court, I at Noon-day. All that you can ſay, is
underſtand them not; but if any Inter- this, it muſt be a wide Inference, a large
ruption was made to preſerve the Peace, Inference ; I conceive there is nothing
to deſire a Woman to hold her Tongue in theſe Two Witneſſes, and if the Two
is no Treaſon. To the next Particular, Priſoners were here they would clear me
wherein Col. Huncks faith, at a Door of in this.
a certain Lodging where Ireton and L. C. Bar. If by Law you could have
Harriſon were in Bed together, he faith, had them, you ſhould ; but I fear if
they
The TRIAL of the REGICIDE s. 159
they could be admitted, they would not diers might cry ſo too: I might com-
be to your Advantage.
mand them to hold their Tongues, and
Axiell. Then, my Lord, in the next to ſay, I'll teach you to cry Juſtice ; and
Place, Col. Temple is pleaſed to ſay, that ſo the Gentleman ſtanding by might be-
the Lady Fairfax ſaying ſomething lieve I was the Perſon that bid them do
againſt the Court, (which in truth, as I it: Truly, my Lord, this is all that the
faid before, I know not who it was, or Gentleman ſays, which I humbly con-
what the Words were,) he ſaith, I bid ceive is nothing, becauſe he does not
Fire againſt them; I did nothing but ſay againſt any Perſon; and therefore,
what I was commanded upon Pain of my Lord, I do hold to that Maxim in
Death, to preſerve Peace, and in Purſu the Law, as Sir Edward Coke holds,
ance of that Command from the Supe- (that Man of great Parts, of Learning
rior Officers of that Army, Silence was and Knowledge, ) That in Matters of
required, and that was all that was done. Treaſon, wherein a Man is the highliejt
I ſuppoſe, where a Man is commanded concerned in his Life and Poſterity, there
to keep Silence, as the Sheriff is required ought not to be conſtrued againſt him In-
to keep all at Peace in a Court, if he re- ferences or Preſumptions, or Strains of
ſtrain a Perſon that will not be quiet, it Wit. There is no more in this, and
is not Treaſon in him, nor in me in this this is all that I ſay in this Particular.
Particular. My Lord, in the next In the next Place, Mr. Temple is pleas'd
Place Mr. Temple is pleaſed to ſay, that to lay, That after the Court had fenten-
I ſtood upon the Pavement laughing, ced his Majeſty, he was hurried away in
while others ſighed ; truly, my Lord, a Sedan: Truly, whether he was or not
I know not whether I ſaw the Gentle I know not; there was a Guard of Hal-
man, or no; certainly Smiling is no berdiers, whereof Colonel Huncks was
Treaſon, if I did ſo, though I believe I one, and ſeveral others, as I have heard:
had as great Senſe that Day as many o. They were ſelect Guards of his Majeſty,
ther Perſons there ; this is the Sum of guarding him from St. James's to other
that he faith; only he further adds, Places; how he came to be hurried, I
That I bid 'the Soldiers cry for Juſtice ; know not, it was not by me; and
truly, my Lord,
whereas he ſays during the whole Trial
L. C. Bar. Becauſe it may be your I was there; truly, I think, I was there
Notes are ſhort, I will acquaint you by Command of my General, by Autho-
there was a little more in it ; he ſaid you rity of the Lords and Commons.
bid the Soldiers cry out, Juſtice, Juſtice; L. C. Bar. You ſpeak this that the
and they coming not very readily to it, Jury may underſtand you did it by
you ſtruck ſome of them, till they, with Command of your General. Do you :
yourſelf, cried out, Juſtice, Juſtice ; mean by Expreſs Command ?
till they, with yourſelf, did it.
Axteil. I did not move a Day but by
Axtell. My Lord, to that I anſwer, ſpecial Command.
that in the Hill there was ſome kind of L. C. Bar. By whom?
People did ſet up a crying ſome kind of Axtell. The Lord Fairfax gave his
Words, and may be ſome of the Solo Orders every Morning to his Adjutant-
Gene-
*
The TRYAL of the REGICIDE S..
160
}
out ?
General, or Major-General, and they ſuch Word, as the People's Words
iflued them out to ſuch and ſuch Per L. C. Bar. Remember how he repeats
fons as he appoints.
them; he ſaw you active in ſetting on
L. C. Bar. Who gave theſe Orders the Soldiers to cry Juſtice.
Axtell. If I have taken them right;
Axtell. The Lord Fairfax ; we did one ſays he heard me ſay ſuch Words as
all under him.
Juſtice, and that he ſaw me ſtrike Two
L. C. Bar. You had not the Order or Three Soldiers. If in the Tumult
inmediately from him.
ſuch a Word ſhould be ſtarted, I hear.
Axtell. The Major-General had. ing of them I miglit ſtrike thoſe Soldiers
L. C. Bar. What Major-General gave that ſaid Juſtice, Juſtice, and might re-
you that Order?
peat the Words, I'll give you Juſtice,
Axtell. There was Cromwell and Ire- and ſo ſtrike them; that is a good Evi-
ton.
dence that it might be a Repetition of
L. C.Bar. The Lord Fairfax gave you their Words, and not any of mine own:
no immediate Commiſſion.
They both ſpeak as to the Word Juſtice;
Axtell. He did my Superior Oficers. but here was not Juſtice mentioned to
L. C. Bar. How do you know that ? any Perſon: I might repeat their own
Axtell. My Lord, becauſe they told Words, and chaſtiſe them for thoſe
ne ſo, it was by his Command.
Words: Beſides this, (tho' I do not ſay
L. C. Bar. The Queſtion is now un the Word was ſpoken by me,) if the
derſtood.
word Juſtice had been ſpoken, my Lord,
Axtell. The next Perſon that ſpeaks, I hope it is no Treaſon to ſay, I deſire
is Mr. Bosurdoe, and he ſays, That I Juſtice; it is God's great Attribute, it
commanded the Soldiers at the King's is God's Ordinance, and that can be no
Trial ; and that a Lady that was ſpeak- Treaſon.
Treaſon. I have read in Law.Books,
ing, was commanded Silence, to this (cho' but lately,) and I cannot find that
Purpoſe: Truly, my Lord, this is but the Word Juſtice ſhould be made Trea-
the ſame as before.
fon ; then there is no Perſon to whom
L. C. Bar. You ſaid Shoot too.
that Adjunct doth belong. The next
Axtell. No, my Lord, I ſaid not any Evidence, my Lord, is Captain Jeonar,
ſuch Word, or any Thing like it ; I he faith I commanded a Guard : Truly,
heard there was an Officer went up, and ſeveral Regiments took their Turns, 25
intreated her to be filent; I ſay it is the they were commanded by the General;
fame with the former ; it is no Treaſon and I, as an inferior Officer, was there:
10 deſire one to be ſilent. My Lord, but that is no more than what was faid
the next Witneſs that ſpeaks in Evidence before, it was done by the Authority of
againſt me, is Mr. Zorung: He ſays this, the General : If I had not done it, I had
I bid the Soldiers cry for Julice: It is died by the Law of War. He faith,
very like that Perfon, as well as Mr. there was a Cry for Juſtice: I can ſay
Temple, might ſee me in the Crowd,
nothing more than I have formerly ſaid;
ſpeaking to make the Soldiers quiet; I it may be in the Tumult the Soldiers
might repeat the Words that the People might ſay ſo, and I chaſtiſing of them,
fait, repeat the word Juſtice, or ſome and repeating that in my Chaſtiſement,
3
...
.
5
they
The TRYAL of the REGICIDE S. 161
they might think they were mine own" ſaid before) in that Manner, and the
Words.
Soldiers might take it up, and I might
L. C. Bar. Mr. Axtell, I would help reprove them, and make uſe of their
your Memory: He ſwears the laſt Day own Words by Way of Repetition,
you encouraged the Soldiers to cry, I will Juſtice you, I will Execution you.
Execution, Execution.
My Lord, in the next Place I do ob-
Axtell. For that Particular I am ſerve to ſpeak that of Mr. Burden, he
coming to it, (I thank your Lordſhip did obſerve to your Lordſhips and the
for helping me.) My Lord, for that of Jury my Countrymen, with whom are
Execution, truly I cannot ſay whether I the Iſſues of Life and Death, for whoſe
was there that Day or no: One Day I Life they muſt anſwer before the Lord
was commanded to be there with fone as to Righteouſneſs, Judgment, and
Companies in Weſtminſter-Hall, but Equity : į ſay, my Lord, as to Mr.
whether I was there any more than that Burden, he tells
Burden, he tells you, that for my Sake
one Time is, the Queſtion : Admit I was he was impriſoned ; faith he, I have
there that Day, I was never there but suffered much by him; and ſpeaks it with
when I was commanded ; when the Co- much Indignation of Spirit ; I have ſuf-
lonel that commanded the Regiment fered, and been impriſoned by him ;
was there, I, as an inferior Officer, and afterwards he comes to ſpeak his
ought to be there : I was there by a Evidence; how much his Evidence
ſpecial Order, and not by a voluntary may be of Force, I deſire, my Lord,
Act of mine own, and ſo it cannot be the Jury may conſider of that; and then
compaſſing the Death of the King. he comes and faith, I commanded a
For to the Word Execution, What can Guard at the Banqueting-Houſe in White-
be the senſe of this Word ? Execution is hall. Truly, my Lord, the Lord Fair-
a ſingle Word: Thoſe People that fax commanded a Regiment to quarter
ſtarted the word Juſtice, might put it there, and I, as an inferior Officer,
in the Heads of the Soldiers, which I might be there. In the next place, my
might ſtrike to command Silence : They Lord, he faith, 1 fent Eliſha Axtell to
likewiſe might, upon the fame Account, fetch the Hangman ; truly, my Lord,
cry out Execution, and ſo to hinder all I wonder (this Perſon is come from Ire-
Tumults, and Hubbubs, and the like, and; if this were ſo) the Authority there
in the Place ; I might repeat their would not ſend that Perſon with his great
Words ia correcting of them for it; I Evidence, as well as this. Perſon
might ſay, I'll / uſtice you, I'll Execu may as well charge any Perſon with this
tion you : But, my Lord, this word
It is evident, Ireton, Harriſon,
Execution of Juſtice, ita is a glorious and Cromwell, they did all amongſt
Word ; not that there can be an Infe themſelves; I never was with them, a-
rence that what they did I ſhould ſay mongſt them, received no Command
was Juſtice, or to approve of any Thing from them, nor obeyed them ; nor did
they did, but only'in general, Execu- any thing but what I had Command
tion of Juſtice, which, my Lord, relates for from the General, who, by the Law,
not to any Perſon ; poffibly the rude I was bound to obey as a Soldier. I
People might be ſpeaking (as hath been ſhall only obſerve one thing more; this
41
Sf
Perſon
; he
as me.
i
162 The TRYAL of the R EGICIDE s.
Perſon being ſo long a Priſoner, to ex- ing what Perſon cut off the King's Head,
tricate himlelf out of his Impriſonment and that I ſhould ſay Hewlet, &c. .
and Chains, poor Man! he may fay Truly, my Lord, I was never privy ;
more than is true. I wonder he ſhould and I appeal to Mr. Runworth, if he
fay I ſent for the Executioner; I never were here, who was Secretary, if ever
knew of any Circumſtance touching he ſaw me in any Council, to adviſe or
Conſultation about his Death, or took aft, or any thing in that Kind, in rela-
him Priſoner. When they ſent to me tion to the King's Trial, Sentence, or
to be one of his Guard, I never would Execution ; for me to know the Perſon
go; I humbly conceive, there is no that was employed about the Execution,
thing ſticks upon me in this, conſidering it is ſtrange, when ( as I ſaid before)
the Circumſtances, and the Words of they did all within themſelves. I had
the Perſon that ſpoke them.
no Knowledge thereof, and meddled
My Lord, The next. Perſon that not with any thing but within my own
ſpeaks againſt me is Mr. Coke, and he 'Sphere as a Soldier under my Lord
faith he heard me ſay, Thruſt that Lady Fairfax, by Authority of Parliament.
down tkat made a Diſturbance in the Court, For naming any Perſon, truly, my
or Words to that Purpoſe ; it is proba- Lord, it would be a wonder to me, that
ble there might be a Deſire of Silence. I ſhould name any Perſon, to go to do
The next Evidence is Lieutenant-Colo any Perſon that Wrong and Injury, to
nel Nelſon, he faith, that upon a Dif- fay he was the Perſon ; I muſt invent it,
courſe
for I knew nothing of it. But by com-
L. C. Bar. I would put you in Re mon Fame, up and down the City, it
inembrance, left you forget what Sir was ſaid to be another Perſon ; but who
Purbeck Temple faid, That by Leave of it was, I cannot ſay, my Lord; but to
Perſons under your Command, he ſaw all this that hath been ſaid againſt me,
the Body of the King. It is only a Cir. there are but two Things upon two Wit-
cumſtance.
neffes, that are placed upon me; the
Axtell. I have heard there were Sur firſt, my Lord, here are two Witneſſes
geons, Phyſicians, and Halberdiers, for crying Juſtice and Execution.
appointed, by whom I know not; they L. C. Bar. I think you have more
had the Care of ſuch Things, and had than two to thoſe words.
the keeping of him; he was locked up Axtell. Not for both together.
by them ; no Body could come in but L. C. Bar. No, but ſeveral for Ju-
by them; I never had a Key; poſſibly fice.
Colonel Temple might come to me, Axtell. There are Three to that ; I
quartering there, and deſire me to ſpeak ſhall only ſay this to your Lordſhip, and
to fome Perſons that had the Charge of this Jury, in whoſe Hand this. Life of
it, to let him in; whether I did or no, mine is, and is committed to them, ei-
I cannot remember ; but if it were fo, ther to acquit or condemn me ; and
I hope it will not amount to Treaſon. God knows the Hearts of all Men, and
The laſt thing given in Evidence againſt my Innocency and Integrity; I ſhall fáy
me is Mr. Nelſon; he faith, that upon nothing to the Witneſſes, it is a Day of
fome Diſcourſe between us, he was alk. Temptation ; and I deſire the Jury,
my
..
.
The TRYAL of the REGICIDE S. 163
my Countrymen, my Fellow Citizens, the King not ſo much as named, nor
my Brethren, that they would well con any thing done to it by me, I lay, I
tider of it, the word Execution and Ju- conceive it doth not amount to Treaſon
stice ; admit I had ſaid them, (which, by the Law: And beſides, it is againſt
my Lord, I do not, I muſt not grant,) the Law of the great Judge, the Judge
there being an Uproar of People there, of Judges; all of us that are now, and
fuch Words might be uſed, and pollibly are to come, ſhall ſtand before him to
Soldiers miglit take them up from them, receive 'our Deſerts; I lay it is againſt
and chaſtiſing the Soldiers, I might re the Law of God, to make me an Offen.
peat the Words, I will Juſtice you, I der for a Word. I have heard the
will Execution you.
Judges ſay, That the Laws of England
L. C. Bar. The Evidence is, That are grounded upon the Laws of God;
you beat them becauſe they did not cry, and the Laws of England are the Laws
Juſtice, Juſtice.
of Mercy, not of Rigor. My Lord, if
Axtell. It might be more probable, I a Man thall be deſtroyed in his Life, in
beat them becauſe they did do it; I his Pofterity, for a Word, (admie* the
mighe chaſtiſe them for doing of it, and Thing had been ſo,) I leave upon the
repeat it as a Reaſon for their Chaſtiſe. Conſciences of my Jury, before the Pre-
ment: And but admitting it was true, fence of Jeſus Chriſt, and before whom
which I grant not, yet I hope Juſtice, they and I muſt come to be rejudged
and Execution of Juſtice, as it is ſo again at the Tribunal: And beſides, it
great an Attribute of God, by God's is only Words, and Words uncertain.
Laws, nor Man's Laws, is no where And Sir Edward Coke faith, He muſt
made Treaſon, but Mercy attends it, declare plain Truth in Matter of Trea-
and Judgment attends the contrary. I ſon ; nothing muſt be taken for Evidence
leave it upon the Conſciences of the Jury that may be a Preſumption, or Inference,
to weigh it carefully, how I could be or Strain of Wit: I hope upon this Con-
guilty of Compaſſing and Imagining the fideration, that the word Juſtice fixed
Death of the King, when nothing is upon me by Two Witneſſes, may be ta-
charged againſt me, to be either of ken up at ſecond and third Hand from
Council, Sentencing, or Signing, or to the People or Soldiers, by chaſtiſing
be at the Execution, only one Man, as them for the Tumult. Then, my Lord,
I told you before, he ſpoke ſomething in the next Place, theſe Words were ne-
wrathly, and that he had ſuffered much; ver put in Writing, and ſo not Treaſon.
and therefore he is come over now, and Then, my Lord, there was never an
ſaith I ſhould ſend for the Executioner, Overt-Act done by me ; for that Act of
which I never knew of, or had any Indemnity that his Majeſty and both
Hand in fending for: How much Va Houſes of Parliament paſſed, wherein
lidity that hath, I leave to the Jury; if they were pleaſed the very laſt to except
it were fo, it is not Treaſon; for Words me, I wonder'd when I came to be ex-
may make a Heretick, not a Traytor ; cepted of that Number : Ido come back
I ſpeak that by way of Preface; I do to the place where I left, and that is
humbly conceive that theſe being only the Overt-Act. My Lord, I would
noted Words, Execution and Juſtice, only bring it in this place; when I was
ex
1
164
The TRYAL of the REGICIDE s.
.
excepted by the Houſe of Commons, Cooke, they may make an Heretick,
one of the Twenty, I was excepted but not a Traytor. The other Part of
thus, not extending to Life : I went up the Evidence is this, that I was there
and down free at Noon-day; I did not with Soldiers at Weſtminſter-Hall; I
hide myſelf; engaging a Perſon that muſt ſay, if that be Treaſon to be
was one of his Majeſty's Servants, to do guided by Judgment of Lords and Com-
me a Courteſy ; he promiſed me he mons in Parliament, I muſt ſay, if that
would do it ; and, contrary to his Pro be Treaſon to take up Arms for a Par-
miſe, he was pleafed to bring the King's liament, upon ſuch Grounds and Expo-
Warrant to carry me to the Tower; and ſitions of the Statute, which they have
after that, I came to be excepted with made and publiſhed by their own Au-
that Black Catalogue of excepted Perſons, thority ; if I am guilty under the Gene-
and to be brought to the Trial of the ral, then the Parliament would be guilty
Law. Now, my Lord, I return to
of Treaſon.
that Overt-Act; as it was but Words L. C. Bar. That you have ſpoke to---
uncertain, and they may be Words re I am loth to interrupt you.
peated from the third or the fourth Axtell. I thank your Lordſhip for
Hand, for they were not put in Wri- informing me, but I was commanded
ting, according to that Act of Indem to be there by my General: If I had
nity ; which I underſtand the Meaning not gone I muſt have died: I did only
to be thus: That for their execrable ſtand there for Preſervation of the Peace
Treaſons in Sentencing, Signing, or in no other Senſe ; if the General order
otherwiſe Inſtrumental, they are ex me to be at ſuch a Rendezvous, I muſt
cepted out of this Act, and to be tried be there; if I diſobeyed he would have
according to the Laws of this Nation. condemned me by the Law of War.
I underſtand that to be Inſtrumental, to The next thing againſt me material are
be inſtrumentally the Executioner of theſe two Things ; that is, That I
the King; I never had any Hand in ſhould ſend one Eliſha Axtell for the
that. Upon the whole, this is the Fact Executioner: I muſt ſay it is moſt ad-
that is proved by two Witneſſes; they mirable ſuch Things ſhould be laid to
heard me ſay, Juſtice and Execution, my Charge; I hope your Lordſhip and
which muſt relate to the Execution of the Jury do, obſerve, he told you he
Juſtice, which by the Law of God is ſuffered much ; and a poor Man, under
not Treaſon, eſpecially when there was his Extremities, and Loſſes, and Suffer-
not the word King. For a Word to
For a Word to ings, perhaps might ſtart ſome unadvi.
take away and deſtroy ſo many, my ſed Words, and being now ſent over may
Life, Wife, Children, and many Fa aſcertain it. But doubtleſs this Eliſha
therlefs that are under the Charge of the Axtell being in Ireland, if by Command
Priſoner at the Bar, is very lidl; the it had been fo, would have been fent
Words I do not grant, but upon ſuch over : Truly, I muſt ſay, I had no
Probabilities as I have ſaid, I might re Hand in the Buſineſs ; it was left wholly
peat them, I will Juſtice you, I will to them amongſt themſelves, and what-
Execution you; and then the Words ever was done, or whatever was ſaid, it
were not written. I fay, as Så Edward was ſaid and done by them: I never was
1
ac-
The TRIAL of the REGICIDE S. 165
ture
acquainted with any thing of that Na were ſuch, that there were many noble
he ſaid he heard I ſhould ſend Perſons, that took the Advantage to afm
Eliſha Axtell for an Executioner: Jf ſemble themſelves together, to reinſtate
Hearſays may be Treaſon, it will be a the King; they did that which was juſt
hard Leffon. And, my Lord, Sir Ed and lawful, according to the Exigency
ward Coke faith, There muſt be Two of the Times. This Declaration he ſent
Witnefles; here is but one.
It comes
to the Two Houſes, he called them his
from ſuch a Man, my Lord, as the Pro Two Houſes: So that it appears clearly
vidence of God; but I will fay no more and manifeſtly they were then Sitting,
as to that, but pray the Jury will take they being accepted by the King, and
Notice of it.
owned by him: And they did in Way of
L. C. Bar. You need not doubt of it, Convention, according as a Parliament;
it ſhall be taken Notice of, this of Bur and his Majeſty ſent his Letter to them;
den.
and theſe are the Perſons that have
Axtell. Now, my Lord, I have but thought fit to except you out of that
two or three Words more, the Statute Act.
of the 25th of Edward the Third, it Axtell. My Lord, may I ſpeak to
doth intend private Perſons; my Lord, that any further?
here is my Commiſſion.
L. C. Bar. If you do, it will be over-
L. C. Bar. It is owned you had it ruled.
from your General.
Axtell. I ſubmitwith Submiſſion
Axiell. My Lord, his Majeſty is to the Providence of God: I did apply
pleaſed to ſay in his gracious Letter, to Sir Harhottle Grimſton for the Mercy
We do by theſe Preſents declare, That we and Favour of his Majeſty, according
do grant a Free and General Pardon to to his Declaration; and here is Sir Har-
all our Subjects, of what Degree or Qua• bottle's own Hand for a Certificate.
lity whatſoever, who, within Four Days L. C. Bar. That is allowed you, that
after the publiſhing hereof, Mall lay hold you did claim that Benefit within the
upon this our Grace and Favour, except. Time, but you may remember that it
ing only ſuch Perſons as ſhall bereafter be was referred to thoſe Two Houſes of
excepted by Parliament, that is, a Parlia Parliament, they were to conſider who
ment .called by his cwn Writ. You was fit for the Pardon; and you are by
know this Parliament
them excepted out by Name. Your
L. C. Bar. Mr. Axtell, I would not Queſtion now is no more, but whether
interrupt you to that ; but this very Ob- Guilty or not Guilty ? And theſe are
jection was made by one of the Priſoners but extravagant Diſcourſes that you fay
before, this Anſwer was given: Firſt, otherwiſe, and rather do you harm than
The King's Declaration is not a Pardon good.
in Point of Law, it muſt be under the Axtell. I hope you will pardon me,
Broad-Seal; but God forbid but it my Lord; I hope
my Lord; I hope I have ſpoken to
ſhould bind in Honour. You inſtanced clear the Point, the Fact charged by
in the word Parliament, what was meant your Lordſhip, and before the Jury';
by the word Parliament: You muſt and I hope the Lord will give the Jury
know this, the Exigency of the Times a Memory of it, and a right Under-
42
Tt
ſtanding
: 166
The TRYAL of the REGICI DE S.
..
ſtanding in what I have ſaid for my Things which he faith for himſelf, and
own Defence.
My Lord, the next which are faid againſt him. There are
thing I have to offer is this, To expound ſome things that he ſeems to utter as
that Act of Parliament, that it was the tending to Matter of Law, and ſome-
Intention of his Majeſty and Parliament thing meerly of Fact, proper only for
that all ſhould be excepted, but thoſe you of the Jury. For Matter of Law
guilty of Counſelling, Signing, or Sen he hath urged ſeveral things for himſelf,
tencing. Truly, my Lord, I humbly not by way of Juſtification of the Fact,
conceive, I being none of thoſe, am (I muſt do him that Right, ) but in Ex-
not guilty of Treaſon. I ſhall only cuſe of himſelf: And I hope his Con-
ſpeak one Word to the Jury, That they ſcience hath ſo wrought upon him, that
will remember what I have ſaid, that he is of Opinion the Fact was a horrid
there is but two Things, two Witneſſes, Fact; which was ſo indeed.
as to Juſtice and Execution; that it re For that which he hath ſaid for him-
lates to no Perſon, but in general; and ſelf : Firſt, he doth alledge to have his
then I do not own the Things, but pof- Commiſſion from the Lord Fairfax;
ſibly they might hear ſuch Words; I my Lord Fairfax had his Commiſſion
taking them up upon a Rebound, re from the Two Houſes of Parliament ;
proved the Soldiers; for the other, that and this Gentleman's was in March,
I ſhould ſend one for the Executioner, the Beginning of the Year 1648. He
(he heard ſo,) and that I ſhould name faith, what he did was in Obedience to
who was the Executioner, I would not his Superiors, as a Soldier ; that he ne-
have that Perfon, or any other, to ſuf ver conſulted or adviſed about anything
fer for that.
of the Trial or Execution of his Majeſty,
L. C. Bar. That is not at all preſſed For this Point, it hath already been
upon you, not as to any Charge.
ſpoken to, Gentlemen; for that which
Axiell. I thank your Lordſhip. I hath been ſpoken to at large heretofore,
am very ignorant.
I muſt repeat it here, that he may know
L. C. Bar. Have you done, Sir ? it, That no Perſon whatſoever, no Com-
Axtell. I leave the Matter to the Jury, munity, not the People, either Collec.
in whoſe Hands I and my little ones, tively or Repreſentatively, have any
and Family are left: I only ſay this to coercive Power over the King; neither
you, Remember your Anceſtors, re the Lord Fairfax, his General, nor he,
member your Poſterity. I never heard nor any other Perſon, could be excuſed
it before that Words were Treaſon. In for this horrid Fact of bringing the
Queen Mary's tine, Throg morton was King to Trial
King to Trial; no Perſon, as I ſaid be-
acquitted for Words by the Jury. Gen- fore, nor Conimunity, have any ſuch
tlemen of the Jury, I leave my Caſe, Power. The Law-Books which he hath
my Life, my All, in your Hands. . lately feen, (and truly he hath employed
Ł. C. Bar. Gentlemen of the Jury, his time well in that, ) the Law-Books
there hath been ſeveral Things offered tells us, That whereas the two Spencers
by the Priſoner at the Bar ; as near as
had broached a damnable and deteſtable
my Memory will give me leave in ſo Principle, that the Homage was only
long a Diſcourſe, I ſhall repeat all due to the King, in reſpect to his Crown;
that
The TRYAL of the REGICIDE S.
167
that if he did not demean himſelf ac one ſwear he did cry Juſtice, Juſtice,
cording to ſuch and fuch Rules, his Sub Execution, Execution; and another ſwear
jects might rule him per afpertee, by Al fome other Part; Gentlemen, this was
perity and Sharpneſs; but this was con here before delivered to you for an
demned by two Acts of Parliament; Overc-Act. It is any Thing that opens
they both appear in my Lord Coke in and makes it appear to the Jury, that he
Calvin's Caſe. I do not go to repeat all did do the Things for which he is In-
the Evidence that might clear this Truth: dicted; I ſay, any one of theſe that
I ſay, had there been any ſuch thing ; they did meet together, and did conſult
but it hath been told him, there was no in order to the putting the King to
ſuch thing in Fact. My Lord Fairfax's Death; that they did meet in a trai-
Commiſſion was for the Preſervation of. terous Aſſembly about the King's Death.
the King, as well as for the Liberties of I ſhall ſay no more; you need not I
the People. The uth of Rich. II. Re think
go from the Bar.
bert de Vere, and others, for levying a The Jury went together, and after a
War were puniſhed, but this Gentleman little Conſultation, ſettled in their Places.
was not charged for levying of War. Clerk of the Crown. Gentlemen of the
If either of the Houſes of Parliament Jury, are you agreed on your Verdict?:
ſhould command ſuch a Thing as tends
Jury. Yes.
to the Death of the King, it would be Clerk. Whc ſhall ſpeak for you?
void in itſelf: Something he let fall of Jury.' The Foreman.
the Parliament not being diffolved. My Clerk. Daniel Axtell, Hold up thy
Maſters, for that you have heard ſome Hand. Gentlemen, look upon the Pri-
of my Lords declare how, and in what ſoner at the Bar: How ſay you, is he
manner, this was an Authority of Par-
Guilty of the High Treaſon whereof he
liament, but it was clearly nothing at ſtands Indicted, and hath been Arraign-
all; this Gentleman goes by Virtue of ed, or Not Guilty?
a Power from the Lord Fairfax. The Foreman. Guilty
next Thing he urges in Point of Law, Clerk. Look to him, Keeper. What
was this, he comes by way of Dilemma; Goods and Chattels.
faith he, either I muſt obey my Gene Jury. None to our Knowledge.
ral, or die by the Law of War. He
goes further, and urges the Statute of
11 Henry VII. He comes further, and 2
faith, in the 25th of Edward III. that
concerns ſingle Perſons; truly it con-
cerns every Man. The Indictment you The Trial of Colonel Hacker,
fee how it is laid, It is for imagining the ſame Day, October the
and compaſſing the Death of the King.
The Overt-Acts in the Indictment, you
15th, 1660.
have heard what they are; there muſt
be more than one Witneſs for Treaſon. Clerk of the CET Francis Hacker to
It is very true, but if one Perfon prove. Crown.
the Bur; which was
one Thing, another Perſon another; if
done accordingly,
Clerk.
:
NE
SET
168 The TRYAL of the R EGICIDE S.
none.
Clerk. Francis Hacker, Hold up thy creants that thirſted for the King's Blood,
Hand. Theſe Men that were laſt cals by their bloody Warrant directed to him
led, are to paſs upon you, &c. If you and others, to take the King's Perſon in-
will challenge all, or any of them, you to Cuſtody, and to ſee Execution done.
muſt challenge them when they come to This was the Perſon that kept him cill
the Book, before they are Sworn. he brought himn to that fatal Stage. That
L. C. Bar. You may challenge 35 this Warrant was lately brought from his
peremptorily, but no more.
own Houſe, byhis own Wife to the Houſe
Hacker. My Lord, I ſhall challenge of Lords; and then we ſhall you that
this Perſon fet his Hand to the Warrant
Tho. Bida, Rob. Sheppard, William to the Executioner for Execution. That
Dod, Sir Tho. Allein, Sir Hen. Worth, he did not do it ignorantly nor unwill-
Tho. Morris, Ralpl Halſel, John Gal- ingly, for he heard the Warrant read.
liard, John Nicol, Tho. Uſman, Thomas We ſhall make it appear that he was upon
Nicol, Chriſtopher Abdy, in all Twelve. the Scaffold, and had the Axe in his
The Jury called and Sworn.
Hand.
Clerk of the Crown Proclamation. Council. Crier, call Holland Simpſon,
If any Man can inform my Lords the Col. Tomlinſon, Mr. Nunnelly, Mr. Nut-
King's Juſticęs, &c.
ley, Hercules Huncks, and Benjamin
Clerk. Francis Hacker, Hold up thy Francis, who were all Sworn as Witner-
Hand. Look upon the Priſoner, you ſes.
that are ſworn of this Jury. You ſhall Council. Mr. Sympſon, ſpeak your
underſtand that Francis Hacker, Priſoner Knowledge of the Employment of the
at the Bar, ſtands Indicted, &c.
Priſoner touching the Trial and Execu-
Mr. Serj. Keeling: My Lords, and tion of the King.
Gentlemen of this Jury, Francis Hacker, Hacker. My Lord, I will confeſs
the Priſoner at this Bar, ſtands Indicted, what I know in this Cafe, to ſave your
amongſt others, for Compaſſing and l. Lordſhip the Trouble. 1.confeſs I was
magining the Death of the late King upon the Guard, and had a Warrant to
Charles the Firſt, of happy Memory.. keep the King for his Execution. (The
The Compaſſing and Imagining is the Warrant being hewn to the Priſoner, be
Treaſon itſelf; the other Points, as Con- confeſſed that to be the Warrant.)
vening, Affembling, Meeting together, Council. After you had that Warrant
and the actual Villany that followed all brought to you, did you by Virtue of
theſe, are but as Evidences of that Imagi. that, direct another Warrant for Exe-
nation. As to this perſon at the Bar, cution of the King ? Did you not take
our Evidence will be thus, we ſhall the King (then Priſoner) from the Cu-
make it appear to you, that he was one ſtody of Col. Tomlinſon ?
of the Perſons that were upon the Guard, Hacker. No, Sir .
and kept the King a Priſoner, that he Council. We ſhall prove it: The
might be ſure to be brought to that Warrant was read, At the High Court of
mock Court of Injuſtice. Then it will Juſtice, for Trial, &c, My Lord, at
appear to you, that this Priſoner at the the Time that this Warrant was ſigned,
Bar was highly truſted by all thoſe Mil. the Perſon of the King was in the
Cuſtody
2
The TRIAL of the ReGICIDE S. 169
Cuſtody of Col. Tomlinſon : Did not you back again ; theſe Orders continued du-
take and demand from Col. Tomlinſon, ring the Time of his Trial. After the
the Perſon of the King, as ſoon as you Sentence was given, on the Day whereon
received that Warrant?
the Execution was to be done, it was
Hacker. No, Sir, I demanded him not. ordered, (which Order may be produ-
Council. Col. Tomlinſon, tell my Lord ced, if ſignificant,) that the Guards
the Manner of that Buſineſs
that were for the Security of the Perſon
Tomlinſon. My Lord, and Gentlemen of the King, ſhould ceaſe, when a War-
of this Jury, I ſhall, as my Memory rant from the High Court of Juſtice for
enables me, make a faithful Narrative the Execution ſhould be produced: I
of this Buſineſs: I had indeed to do with would not omit any Thing that I well
the Guard, that had to do with the Per- remember ; and this I remember, that
ſon of the King about St. James's. Be the Night before the Execution, the
ing then an Officer of the Army, a Co- King called me into his Chamber, and
lonel of Horſe, when the King came to told me feveral Things; I will take the
St. James's, it was obſerved by ſome, Occaſion to trouble you with a ſhort
that there was too great an Acceſs of Peo- Diſcourſe of it; he told me of ſome Le-
ple admitted to the King; and within gacies he had given ; he told me he had
one Day or two after, there was a Party prepared ſomething that he would ſpeak
of Halberdiers appointed for the ſtricter the next Day; and in the cloſe of it,
obſerving the Guard ; they were com he deſired me that I would not leave
manded by three Gentlemen, of whom him ; (for I ſpeak it in Truth,) there
this Priſoner at the Bar was one ; the were many times ſeveral Incivilities offer-
Orders every Day for removing the Per- ed to him; and tho' I was upon a Duty
ſon of the King, were commonly direct- that was of a harſh and unpleaſing Na-
ed to four Perſons, and thoſe were my ture to me, and did deſire ſeveral Times
ſelf, Lieutenant Col. Cobbet, Captain to be releaſed from it, (as I believe is
Merryman, and one inore; but the well known to fome,) yet I did not ad-
Guards that ſtill went along were the mit any Time that any Incivility ſhould
Halberdiers. So that every Day when be offered to him; People would take
the King did go to Weſtminſter, he went Tobacco before him, and keep their
to Sir Robert Cotton's Houfe, and ſo far Hats on before him, I always checked
I went with him, and no farther; I ne them for it; he was pleaſed to have a
ver went with him, nor ſaw him at that Conſideration of that Care that I had in
pretended High Court of Juſtice. When that Capacity I then ſtood. That very
he uſed to go to the High Court of Ju- Night before his Death, he was pleaſed
ſtice, commonly (every Time indeed) to give me a Legacy, which was a Gold
the Serjeant, Serjeant Dendy, (as I re Tooth-picker and Cafe that he kepe in
member his Name, was, ) he uſed to his Pocket. The next Day, when the
come and demand that the King ſhould Warrant came, the Guards of Halber-
go to the High Court of Juſtice, and diers went with him through St. James's.
Col. Hacker did ordinarily go with him, Park; I was preſent, walking near the
with the Halberdiers. It was my Cu- King, the Biſhop of London, (now of
ſtom to ſtay in the Room till he came Canterbury) was with him, and fone
43
U u
others,
170 The TRY A L of the R eGICIDE S.
:
others. As we were going thorough Gentlemen that were concerned in the
the Park, he was pleaſed to diſcourſe former Orders, looked upon this War-
ſomething of what he had been diſcour- rant, by which the Orders which he
ſing before, touching his Burial; he had were at an End. I muſt confeſs I
wilted that the Duke of Richmond and did not, nor none of thoſe did tell him,
ſome others that he ſhould bring, ſhould that the Orders for Security of his Per-
take care of it. That Morning in the
That Morning in the ſon were at an End; but Col. Hacker
Park, he told me he had been thinking did go in to him, and after a little while
of what he had ſaid the Night before. Col.
Hacker comes to the Door, and
He told me he had ſome Thoughts that the King was coming forth, and he told
his Son might come to bury him, and me that the King deſired I ſhould go
deſired he might not ſuddenly be buried; along with him ; and indeed the Night
I gave him Aflurance I would commu- before, when the King told me that he
nicate his Deſire, and ſo I did. When
When had prepared ſomething to ſpeak, he
he came to Whiteball, he went into a deſired I would not leave him. So Col.
Room in the Gallery, (I know not the Hacker led him forth, the Biſhop of
Name, ) the Guard ſtood in the outer London followed him, and I followed
Room there. There was a Gentleman the Biſhop of London
the Biſhop of London ; the Guards were
that came to me there, and told me he prepared without, and they went on to
was endeavouring to preſent a Letter the Scaffold; when we came to the
from the Prince to the King, and told Scaffold, I went ſo far as to the En-
me he could not get an Opportunity; I trance upon it; the King was upon it,
ſaid he ſhould not want an Opportunity and had looked a little while about it,
if I could help him; it was Mr. Henry and was thinkng to have ſpoken over,
Seymour; it was delivered, and the but he turned to me, and began to di-
King read it, and he gave ſeveral things rect his Speech to me. I cannot trou.
in Charge to Mr. Seymour, to acquaint ble you with what the King faid, for I
the Prince with, and was pleaſed to cannot remember it; but that Col.
mention to him ſomething of Civility Hacker was there in Profecution of that
that I had ſhewn him in his Impriſon- Warrant, and upon that Warrant our
ment; the Effect and Fruit of it I find, Orders were at an End, I do aver.
and do moſt humbly acknowledge be Council. You delivered him upon that
fore all the World, my Thanks to his Warrant, did you?
moſt Gracious Majeſty the King, and Toml. He went and received the King
to the Lords and Commons. After Mr. upon that Warrant ;
upon that Warrant; it was a Chamber
Seymour was gone from him, (I do not that was known then by the Name of
well remember the Time, whether it the Horn-Chamber, and there the King
was Twelve, One, or Two à Clock,) was in the inner Room : This is the
Col. Hacker came in, and there was Subſtance of all.
preſent with him the Two other Gentle Council. We will trouble you with
men that were named in the Warrant, one or two Witneſſes more.
(as I remember,) I am ſure Col. Hacker, Council. Mr. Tomlinſon, Did Mr.
(if my Memory fail me not,) did pro Hacker, or his Soldiers take Tobacco to
duce the Warrant. Myſelf, and thoſe the Offence of the King ?
S
Tuml.
The TRYAL of the REGICIDE S.
171
Toml. I do not ſay that any Tobacco Huncks. Immediately the King came
was taken there by Mr. Hacker ; but out, and was murder'd.
the Soldiers would be ſtepping in, and Mr. Secretary Morrice. Mr. Huncks,
take Tobacco at his Chamber in St. You did tell us in the Tower, (when we
James's, and committed other Incivili-
were ſent by his Majeſty's Council to
ties.
examine you, and others there,) that
Council. We have proved, that the Colonel Hacker did then ſign that War-
Priſoner did demand, and had the Per rant for nominating and appointing the
ſon of the King: Now we will prove Execution.
to you, that himſelf had the Boldneſs to Huncks. My Lord, Cromwell comes
make a Warrant in purſuance of the for to me, and bids me write a Warrant for
mer, for the Execution of the King. that Purpoſe; I refuſing of it, Cromwell
Council. Cryer, Cali Mr. Huncks. writes himſelf, and Hacker writing to
(He being ſworn, ſaid,)
the ſame Paper, what ſhould I conceive
Huncks. My Lord, and Gentlemen but that it was the Warrant? (the King
of the Jury, That Day the King died, preſently after coming to the Scaffold.)
a little before the Hour he died, I was Council. Did Cromwell give you na
in Ireton's Chamber, where Ireton and bad Names, becaufe you would not
Harriſon were in Bed together; there write that Order? Did not he ſay you
was Cromwell, Colonel Hacker, Lieu were a Coward ?
tenant. Colonel Phayre, Axtell, and nny
Huncks. He ſaid I was a froward
ſelf, ſtanding at the Door; this War. peeviſh Fellow.
rant for che Execution was there produ Council. Did Hacker only write his
ced, and you (looking upon Mr. Hacker Name, or give Directions in the draw.
at the Bar) were reading of it, but ing up of the Order ?
Cromwell addreſſed himſelf to me, com Huncks. I concouve he only writ his
manding me, by Vertue of that War Name.
rånt, to draw up an Order for the Exe Council. My Lord, We have only
cutioner; I refuſed it, and upon refuſing that Eye-witneſs.
of it there happen'd ſome croſs Paſſages. Huncks. Hacker confeffed to the Gen-
Cromwell would have no Delay. There
There tleman Jaylor of the Tower, tliat if he
was a little Table that ſtood by the did do it, he did it by Order.
Door, and Pen, Ink, and Paper being Mr. Secretary Morrice and the Lord
there, Cromwell ſtepped and writ, (i
Anneſly ſworn.
conceive he wrote that which he would Council. Mr. Secretary, we deſire you
have had me to write :) As ſoon as he would be pleaſed to tell my Lord what
had done writing, he gives the Pen over Col. Hacker, the Priſoner at the Bar,
to Hacker; Hacker he ſtoops and did did confefs to you, and others, touching
write, (I cannot ſay what he writ ;) this Buſineſs,
away goes Cromwell, and then Axtell; Mr. Secretary. When Colonel Huncks
we all went out ; afterwards they went (for that Title he now affumes, ) was
into another Room,
brought over out of Ireland, and com-
Council. What followed ?
mitted to the Tower of London, there
were
I do believe
172 The TRYAL of the REGICID E .
were three of the Council, by Order of the Lord Annefley. Gentlemen of the
Board ſent to examine him, Sir Anthony Jury, It is very true, as you have been
Aſhley-Cooper, Mr. Anneſley, and my told already, that I was amongſt thoſe
felf. In Obedience to that Order we re that the Council ſent to the Tower of
paired to the Tower, and had Colonel London, firſt to examine Colonel Huncks,
Huncks brought before us; we told him, and Mr. Cook that hath been condemn-
that he (being one of thoſe which were ed, Heulet, and ſome other Priſoners.
appointed by Warrant from the ſuppo. We did examine Colonel Huncks, and
fititious High Court of Juſtice to carry he did by his Examination acquit him-
on the Execution of the King, and ſee ſelf from ſigning that Warrant that he
it done,) muſt needs know who was the was charged with, being one of the
Executioner: Whereunto he anſwered, three appointed to ſee Execution done ;
that he, for his Part, did not know who but they appointed another to ſign the
was the Executioner, for the Warrant Warrant (Colonel Huncks refuſing) and
whereby the Executioner was nominated upon his refuſing, (as he ſaid) Cromwell,
and appointed, was refuſed to be ſigned that urged him to it, ſaid, he was a
by him; but Colonel Hacker ſigned it, cowardly Fellow, or ſomething to that
and therefore Colonel Hacker muſt know Purpoſe. When we examined him a-
it. Accordingly, upon our Return, we bout the Perſon in the Frock, he ſaid
made our Report to the Board; and he knew nothing of that, but that Co-
upon this there was an Order, that Co lonel Hacker ſigned that Warrant for
lonel Ilacker ſhould be ſent for, taken Execution. This Examination being re-
into Cuſtody, and brought before the porced to the Council, the Lords Tent
Lords of the Council : Accordingly he for Hacker. I think upon Notice, Co-
was apprehended, and the ſame three lonel Hacker came; he had been of the
Counſellors were ſent down to examine Army, and continued till that Time an
him. We took him into a private Officer. When he came thither, the
Rooin, and examined him, and told Lords of the Council having Notice of
him, (amongſt other things) that he be- it, commanded the ſame Perſons for-
ing the Man that (as we were inform- merly appointed to go out and examine
ed) diu ſign the Warrant for the nomi- nim; we had him into a little Room
nating and appointing the Executioner, belonging to the Clerks of the Council,
doubtleſs he muſt needs know who that and examined him to that Point, con-
At firſt he ſaid he did not ſign cerning the Man that cut off the King's
this Warrant: I told him, I would have
would have Head, whether he knew any thing of
him well adviſed what he ſaid; for if it? He did affirm poſitively he did not
you deny it, it will be proved by ſuch know: We told him that he was the
a Man, naniing Colonel Huncks, and Man by Teſtimony that ſigned a War-
that you will do your ſelf a great rant for the Execution of the King, and
Prejudice, if you deny that; faith he, then certainly he muſt know the Perſon
appointing the Executioner : This is all I ſaid, if I did ſign any Warrant it was
can fay
by Command of the General; that be.
ing
was :
Tye, TRIAL of the REGICID B'S.
173
ing bư Hypothetical, we thought it his Majeſty carne to the Side of the
meet to make it more pohtive, where- Scaffold next to St. James's; he looked
upon we aſked him, whether he was that way and ſmiled; after a while, the
the Man that ſigned the Warrant, or Block and Axe lying down about the
no? Thereupon, (as I remember, and Middle of the Scaffold, there was a
as the Examination, which was all black Cloth hung about the Rails of the
written with mine own Hand, doth Scaffold.
help my Memory, ) he did fay, he did Council. We have another Evidence,
believe he did ſign ſuch a Warrant; the Priſoner hath confeffed enough ;
thereupon he was aſked farther, How but we have proved that he had the
could it be poſſible that he could forget, King in Cuſtody; he confeſſed, that he
the Man, if he ſigned the Warrant ; he believed he did ſign the Warrant, and
knew who the Man was that was ap- that he at the Time of Execution was
pointed; he ſaid for that, that he did there to manage it. What do you ſay
believe the Warrant was read to him, for yourſelf?
and that therein the Man's Name might Hacker. Truly, my Lord, I have no
be, but he could not now remember his more to ſay for myſelf, but that I was
Name : This was the Effect of his Exa a Soldier, and under Command, and
mination and Confeffion.
what I did was by that Commiſſion you
Council. Mr. Francis, Did you ſee have read.
Colonel Hasker at the Time of the Exe L. C. Bar. Can you deny any thing
cution upon the Scaffold ?
that Mr. Secretary and Mr. Anneſly have
Francis. Yes, I did ſee him as a declared ?
principal Commanderthere; I was Hacker. I cannot tell what I might
coming out of Weftminſter into Londox, then ſay, the Gentlemen were very ſtrict
about half an Hour before the King with me, truly I have been no Counfel-
came upon the Scaffold; coming near lor nor Adviſer, nor Abector of it, but
the Scaffold, as ſoon as I was engaged in Obedience to the Command over me
in the Throng, (when I had paſſed I did act. My Defire hath been ever
about eight or ten Yards) I could not for the Welfare of my Country, and
paſs backward nor forward; I was en that Civil Power might ſtand.
forced to ſtand there: During that time, Ļ C. Bar. Have you yet refolved
I ſaw the Scaffold and the Axe, and the who you gave the Warrant for Execution
Block taken up by divers People ; and to?
principally I ſaw a Man that is not here Hacker. No, my Lord; I delivered
he is in Cuſtody; I ſaw him take it up,
and try it with his Thumb, and lay it L. G. Bar. But you know who it was
down; this was James Berry, he came
directed to
off, and came not upon the Scaffold Hacker. No indeed, my Lord; be
again, unleſs diſguiſed.
pleaſed to aſk Colonel Huncks, whether
Council. Did you fee Hacker there? I read this Warrant or no.
Did you ſee him upon the Scaffold when L: C. Bar. This is all you have to ſay
the King came on?
for yourſelf?
Francis. I did ſee him, he was there; Hacker. Yea, my Lord.
44
X x
L. C.
none.
174
The TRYAL of the REGICID B S.
.
L. C. Bar. Then Colonel Hacker, Hancks refufed to ſign ; the Priſoner
for that which you ſay for yourſelf, that ſigned the Warrant; but knows not the
you did it by Command, you muſt un Perſon to whom it was directed : You
derſtand that no Power on Earth could fee beſides, Colonel Tomlinſon's Teſti-
authorize ſuch a Thing, no Command mony, who faith farther, That when
in ſuch a Cafe can excuſe you. There is
There is they were diſcharged, Colonel Hacker
a Two-fold Obedience, a Paflive Obedi went in, and the King was brought out
ence, to ſuffer rather than do Things preſently after to that fatal Place. Co-
unlawful; and an Active Obedience, to lonel Huncks fwears, That when that
do that only which is lawful ; and there Warrant was offered to him he refuſed
fore this will not excuſe your Obedience it ; that Hacker, the Priſoner at the
to thoſe unlawful Commands, ---Gen-
Ger- Bar, ſigned a Warrant, though he doch
tlemen of the Jury, you ſee the Priſo not remember the Name of the Perſon
ner at the Bar ſtands indicted for Com to whom ; it appears by two Witneſſes
paling and Imagining the Death of the (honourable Perſons) he confeſſed he
late King; and there are ſeveral open figned it, but he did not know the Per.
Acts ſet forth in the Indictment, which fon to whom directed.
ſon to whom directed. You ſee another
tend to prove that Matter ; one is Af- Witneſs, Benjamin Francis; he faith,
ſembling and Meeting together, another he ſaw Hacker upon the Scaffold with
is Sitting upon the King, another Sen-
the King.
tencing, and at laſt concludes with the
He doth not deny the Fact; you
Murther of the Ring, as the Conſequence need not go no farther, it is very plain
of all. Any thing that tends to the pro he had a Hand in this Buſineſs, a prin-
ving of this Compaffing and Imagining cipal Agent in it; he that brought che
his Death in any one of theſe Particu- King to the Scaffold, he that had the
lars, that is an Evidence to you to prove Care in managing that Buſineſs, he that
the whole Indictment. This Gentle- ſigned the Warrant to the Executioner,
man was Commander of Halberdiers either he is guilty of Compaſſing the
Colonel Tomlinſon faith, that though Death of the King, or no Man can be
he kept the Guards that were about the
ſaid to be guilty.
King's Perſon, this Gentleman, with. The Jury went together, and after
two other Perſons, brought Halberdiers, Some little Conſultation returned to
that there might not be ſuch frequent their Placcs.
Acceſs as formerly to the King ; there Clerk of the Crown. Gentlemen of the
is one Act. He commands thefe Hal. Jury, Are you agreed on your Ver-
berdiers at that Time, when the Buſineſs dict?
was in Agitation before that High Jury. Yes.
Court, as they called it. You ſee, af Clerk. Who ſhall ſay for
ter the Sentence was given, that he was Jury. Our Foreman.
one of the Perſons to whom the Warrant Clerk. Francis Hacker, Hold up thy
for Execution was directed ; you ſee af- Hand. Gentlemen, Look upon the
terwards there was a conſulting together; Priſoner at the Bar: How fay you? Is
Cromwell, Ireton, Harriſon, and
Axtell he guilty of High Treaſon whereof he
were in the Chamber when Colonel Stands indicted, and hath been arraigned,
3
i
you?
Or
}
Pony
4.
: 175
&c.
The TRIAL of the REGICIDE S.
or not Guilty ?
Gentlemen that are ſworn; look upon
Foreman. Guilty.
the Priſoner
Clerk. Look to him, Keeper.
Clerk. You ſhall underſtand, that he
Clerk. What Goods and Chattels, ſtands indicted of High Treaſon by the
Name of Will. Hulet, alias Houlet, late
Jury. None that we know of. of Weſtminſter in the County of Middle-
ſex, Gent. for that he as a falſe Traytor,
ESc. (Here the Indi&tment was read.)
Unto which Indictment he hath pleaded
not guilty, and for his Trial hath put
The Trial of William Hulet, himfelf upon God and the Country,
which Country you are. Now your
October 15. 1660.
Charge is to enquire, &c.
Sir Edward Turner. May it pleaſe
Clerk
ET William Hulet to your Lordſhips, and you Gentlemen
Crown.
the Bar: (Who was that are ſworn of this Jury, We are now
brought accordingly.). William Hulet, entering upon the laſt Act in this fad
alias Houlet, Hold up thy Hand. Thoſe Tragedy of the Murther of the late
Perſons that were laſt called of the Jury King; there have been before you ſome
are to paſs, &c. if you will challenge of the Judges, the Council, the Chap-
them, or any of them, you muſt chal- lain, and the Guard ; this Priſoner at
lenge them when they come to the Book the Bar, in the laſt place, was one of
before they be ſworn.
thoſe which came with a Frock on his
L. C. Bar. Underſtand you have Body, and a Vizor on his Face; to do
Power to challenge Five and thirty Men, the Work. The Courfe of our Evidence
and not above ; you may challenge them will be this; Firſt, We ſhall provę by
without Cauſe ſhewn. If you have Witneſſes that ſaw him, and knew him,
Cauſe for any other, you may challenge that he was thus diſguiſed; he hath con-
them alſo. If you will have Pen, Ink, fels'd that he was upon the Scaffold,
and Paper, you may have them.
that he hath had ſeveral Preferments;
Hulet. Truly, my Lord, I cannot · and I fear it will appear, that it was he
write but a very little; I ſhall not need that gave that fatal Blow; for he hath
them. I did not underftand my Indict confeffed he had an Hundred Pounds
ment well, I deſire to hear it again. given him for his Service therein ; and
L. C. Bar. You will hear it read we doubt not but to pluck off his Vizor
again.
by and by. The Indictment is for Com-
Clerk. Sir Thomas Allen, Sir Henry paſſing and Imagining the Death of his
Wroth, Tbo. Bide, Robert Sheppard, late Majeſty of Glorious Memory; if
Thomas Morriso Ralph Haljal, John we prove to you any. Circumſtantial
Gallyard, Fobn Nichol, Tbomas Ufman, Overt-Act, whereby you ſhall be con-
Chriſtopher Abdy, William Dod; in all vinced of this, you are to find him
Twelve. Jury called and ſworn. Guilty.
Clerk of the Crown. William Hulet,
Richard Gittens fworn.
alias Houlet, Hold up thy Hand : You Council. Mr. Gittens, Tell my Lord
and
176 The TRYAL of the REGICIDE S.
;
and the Jury, what you know touching to Preferment; and preſently after he
the Priſoner at the B.ir.
was made Captain-Lieutenant.
Giltens. The Thing is this, my Lord; Council. Was he with his Regiment
This Gentlemen at the Bar and myſelf that Day?
were both in a Regiment in one Company Gittens. We could not ſee him with
as Serjeants about twelve or thirteen Years the Regiment all that Day; he was ne-
together. About a Day or two before ver abſent at any time before.
the King came to the Scaffold, Colonel Council
. Did you know his Voice?
Hewfon did give notice to a Lieutenant Gittens. Yes, Sir.
that we ſhould come to him, about 38 Council. Did you mark the Propor-
of us, and he put us all to our Oaths, tion of his Body, or his Habit, what
that we ſhould ſay nothing of what they Diſguiſe he was in ?
did; he ſwore us to the Book ; after he Gittens. He had a pair of Freeze
had ſworn us, he aſked us, if we would Trunk Breeches, and a Vizor, with a
undertake to do ſuch an Act; if we Grey Beard; and after that time Colo-
would, we ſhould have an Hundred nel Hewson called him Facher Grey-
Pounds down, and Preferment in the beard, and moſt of the Army beſides ;
Army, as long as that ſtood and the you cannot deny it.
Parliament. Afterwards we refuſed, Hulet. I defire, as to this Witneſs;
every Perſon; we thought Captain Hulet he doch alledge, that he and I were
did refuſe ; after all refuſed, it ſeems he Serjeants in one Company, which I de.
did undertake to do the Deed. When ny; he was not in that Company I was
the King was brought on the Scaffold, in: I deſire to know of him, how he
we were in Scotland-Yard, and they comes to know that I was there at that
were upon the Guard in the Barqueting- time.
Chamber; when they were there, I laid Gittens. By your Voice.
down my Arms, and got into the Com Hulet, I will ſwear that this Man was
pany ;. Captain Webb kept the Guard, with the Regiment under the Scaffold;
with his Halbert in his Hand, by the where were you at that time when the
Scaffold, and I did buſtle to come near Act was done?
to them; then I returned back. Hulet Gittens. Where was 1.? By Captain
(as far as I can gueſs) when the King Webb.
came on the Scaffold for his Execution, Hulet. Where was he?
and ſaid, -Executioner, Is the Block faft? Gittens. At the Door of the Banquet.
then he fell upon his Knees.
ing-Houſe:
Council. Who did?
Hulet. Was you on the Scaffold, or
Gittens. Hulet, to aſk him forgive no, Sir?
neſs; by his Speech I thought it was he: Gittens. I was on the Scaffold End.
Captain Atkins, who would not under Hulet. My Lord, I deſire you to con
take to do this Fact, 'I told him I would fider what this perſon faith, he faith he
not do it for all the City of London ; no, was upon the Guard in Scotland Yard,
por'I neither, for all the World, faith and at the Scaffold with Captain Webb.
Atkins;; you ſhall (ve Hulet quickly come My Lord, I defire again; whereas he
faid
others ſay concerning the
The Taral of the ReGICIDE S. 177
faid I had a Grey Beard, let any Man you been in the Troop before?
beſides himſelf ſay that ever I was called Slam. I was in Dublin about a Fort-
by that Name, Grey-beard throughout night's time; then you ſent for me, and
the Regiment.
I came to Lytterel's Town'; the firſt
Stammers ſworn.
time that I came to the Troop was in
Council. What have you to ſay con- Dublin, and then you came to me with
cerning the Priſoner at the Bar ? two Orders from Hewſon, and then you
Stam. He was a Captain-Lieutenant did pretend you was Brother to one
to Colonel Ilewſon's Troop; when I Mr. Chambers; und then we went and
had entered myſelf into that Troop, 1 quartered in Lutterel's-Town.
was a while in Dublin, and I was com Hulet. My Lord, His Eximination
manded by the Priſoner at the Bar, I in Ireland and this doth not agree. You
and the reſt, to march to a Place called did deny this before Baldwin a Trooper:
Lutterel's Town, about five Miles beyond I deſire his Examination may be read;
Dublin ; the Priſoner at the Bir came (which was accordingly read, and agreed
thither to us two Days after; then being with the Teſtimony now given :) I deſire
in his Chamber, he ſent for me up; I he my mention what Man that was
went up, and fate down; he examin'd that I fent for him.
where I had ſerved; I told him, I did Stam. I cannot tell what Man.
formerly belong to the Lord of Inche Hulet, My Lord, I deſire that Ser-
quin ; he aſked me, if ever I was in the vant may be either named or produced.
King's Army? With that he walks Siam. I cannot remember the Min;
about the Room two or three turns ; it was ſeven Years ago.
faith he, I was the Man that beheaded Hulet. Then again, upon another Ac-
King Charles, and for doing of it I had count, as he ſpeaks before, that I ſhould
an Hundred Pounds; ſaying, I was a examine him where he had been, and
Serjeant at that time.
that he ſhould ſay, at the Lord Inche-
Hulet. I deſire to aſk him a Queſtion ; quin's.
I confeſs -(What is your Name?) Captain Toogood ſworn.
Council. Stammer, his Name is Stam Toogood. I lhall firſt give your Lord.
ſhip and the Jury, what I have heard
Command : I think I have not ſeen
you
the Bir, and that is firſt Colonel Hew.
theſe eight Years; I deſire to know ſon: I was, in the Year 1650, about
when theſe Words were ſpoken, and the September, in Dublin Caſtle, about ſome
Place?
Buſineſs with Hewſon ; Captain Hulet,
Stam. I ſay, in Lutterel's-Town in the Priſoner at the Bır, came into the
your own Chamber, and that was nine Room, he talked with Colonel Hewson
or ten Years ago.
a little while; I obſerved them very fa-
Hulet. It is about eight Years ago miliar; and I aſked Hewson what he
ſince I left that Command ; who was by was ; he told me, he was his Captain-
at that time?
Lieutenant of Horſe: I defired to know
Stam. Nobody
where he had him; he told me he had
Hulet. 'Tis ſtrange : How long had made him ſo from a Serjeant, and a very
45
Met-
niers,
YY
:.
178 The TRYAL of the REGICI DE S.
i
Mettled Fellow he was; it was he that him to be Governor, and to chufe two
did the King's Buſineſs for him upon out of a Regiment that might be the
the Scaffold. In the Year 1653, there Rulers of the People,
Rulers of the People, Legiſlators, I
was a diſbanding of the Army in Ireland, think they call'd them: I did diſcourſe
this Gentleman was then continued Cap. about the Buſineſs again, and did oppoſe
tain-Lieutenant in Pretty's Regiment : it all. After a while he began to be
I diſcourſed with Pretty concerning him; very hot in the Baſiceſs about Lambert:
and one Part of it, I rementber, was Said I, you were heretofore too forward;
about the King's Death; and he did tell ſays he, if it be the Buſineſs of the
me, that he was aſſured by Colonel King's Head, I will never deny it, call
Hiwfon, that Hulet either cut off the me to an Account when you will.
will. 1
King's Head, or held it up, and ſaid, I have obſerved in Ireland, that it-hath
Behold the Head of a Traitor. Colonel been generally reported, that he was
Pretty would not tell me which of the either the Man that cut off the King's
two it was; but I ſaw the Perſon that Head, or that held it up, as I ſaid be-
did it, and methought he did reſemble fore, and I have heard them ſometimes
this Perſon. About twelve Months af call him Grandfire Grey-Beard.
ter, I came to live near the Priſoner in Hulet. My Lord, I do confeſs I know
Ireland ; once I remember, at one Mr. the Gentleman very well, we were in a
Smith's, at the White Horſe in Carlow, Régiment together ; I never diſcourſed
I met him there ; and I was aſking the with any concerning this, but only once
Priſoner at the Bar the Queſtion, Whę at a Place going from Cullen to Munſter
ther he was the Man that cut off the we did drink at a Place called Goran;
King's Head, or not? Saith he, Why we were diſcourſing about the Buſineſs
do you aſk me .this Queſtion ? I told of the King, the Juſtification of the cut-
hin' I had heard by ſeveral, namely, ting off his Head ; faith Stammers, I
by Hewſon and Preity: Upon that he did hear that you were one of the Per.
ſaid, Well, what I did I will not be ſons for that Purpoſe; faid I, thoſe that
aſhamed of; if it were to do again, I ſay ſo do me wrong: „Saith he, it is no
could do it. Once ſince that Time, matter if it were fo, for it was a juſt
about half a Year afterwards, I was in Act; faid I, whether it was or no, I
the fame Place; and there talking with have nothing to do to juſtify it : He
him about the King's Death, he was was ſpeaking, as 1 hope to be ſaved, I
telling me it was true, he was one of would have done it.
the two Perſons that were diſguiſed upon
Walter Davis ſworn.
the Scaffold. I deſired to know, what Council. What can you ſay, Mr. Davis,
if the King had refuſed to ſubmit to the to this Buſineſs?
Block ? Saith he, there were Staples Divis. Gentlemen, that which I can
placed about the Scaffold, and I had that ſay is this: In January laſt was two Years
would have compelled him, cr Words I was at Dublin, I met Captain Hulet,
to that Effect; other times I have heard he invited me to take Share of a Pint of
him ſpeak ſomething to this. Novem.
Noven. Wine, I went with him to a Tavern;
ber the laſt, in the Queen's County at when we were in the Tavern, he called
Maryborough, Colonel Jones took upon for a Pint of Wine, and I called for a-
nother;
f
The TRYAL of the ReGICIDE S. 179
tor.
nother; before we had drank out the
Col. Tomlinſon Sworn.
Jart Pint of Wine, ſaid I'to Captain Council. Pray tell my Lord your
Hulet, I pray reſolve me this one Que. Knowledge in this buſineſs.
ftion; It is reported that you took up Tomlinſon. "My Lord, and Gentlemen
the King's Head, and ſaid, Bebold the of this Jury, I cannot punctually re-
Head of G Traytor? Sir, ſaid he, it was member what their Habits were ; but
a Queſtion I never refolved any Man, they had cloſe Garments to their Bodies;
though often demanded ; yet; faith he, they had Hair on their Faces, one was
whoſoever ſaid it then, it matters not; I Grey to the beſt of
Grey to the beſt of my Remembrance,
ſay it now, It was the Head of a Tray. the other was Flaxen Colour.
Council. Can you tell who ſtruck the
Hulet. I confeſs we did meet together, Blow ? :
as you ſay; but I muſt and do deny the Tomlinſon. My Lord, I cannot re-
Words.
member, but I think he with the Grey
Lieutenant-Colonel Nelſon ſworn. Hair on his Face did it.
Nelſon. My Lord, and Gentlemen Nelſon. My Lord, I will not poſi-
of the Jury, Upon a Diſcourſe with Co tively ſay it, but it came lately to my
lonel Axtell, as I related once this Day, Mind, that I did hear in Ireland by
about ſix Years ſince, in many other Col. Pretty, that Hulet did it; my
Diſcourſes we fell to diſcourſe about the Lord, this Col. Pretty' is alive in Ire-
Death of the late King. I ſuppoſing he land.
he had been acquainted with that Affair,
Ben. Francis Sworn.
I deſired him to tell me thoſe Two Per Francis. My Lords, and Gentlemen
ſons diſguiſed upon the Scaffold ; he of the Jury, as to the Priſoner at the
told me I knew the Perſons as well as Bır, he was very active in that horrid
himſelf; faith he, they have been upon Act; there were Two of them had both
Service with you miny a Time ; pray, Cloaths alike, their Frocks were cloſe to
Sir, faid I, let me know their Names their Bodies, (as I remember ;) they
truly, ſaid he, we would not employ were rather in Butchers Habits of Wool-
Perſons of low Spirits that we did not len ; one had a Black Hat on his Head
know, and therefore we pitch'd upon cock'd up, and a Black Beard, and the
Two Stout Fellows. Who were thole, other had a Grey griſed Periwig-hung
faid 1? It was Walker and Hulet; they down very low; 1 affirm, that he that
were both Serjeants in Kent when you cut off the King's Head was in the Grey
were there, and Scout Men.
Who Periwig, and I believe this was about
gave the Blow, ſaid I? Saith he, poor that Man's Stature, (pointing to Mr.
Walker, and Hulet took up the Head ; Hulet, and his Beard was of the ſame
pray, ſaid I, what Reward had they? I Colour, if he had any. I was coming
am not certain whether they had Thirty from Weſtminſter, the Scaffold was en-
Pound apiece, or Thirty Pound between compaffed within with a great Guard of
them.
Soldiers, or Redcoats, I think com-
Hulet. Pray let Mr. Axtell ſpeak to manded by Biſcoe.
this, he is hard by.
Hulet. Was you upon the Scaffold ?
Francis.
3
-:
The TRYAL of the R EGICIDE 3.
180
..
.
Francis. No, Sir, there was none of L. C. Bar. For what?
my Conftitution upon the Scaffold.
Hulet. Upon this Account we were
Council. Fuller Evidence I think can-' taken up, about Seven or Nine of us
not be expected: You have heard all were taken up; we were all Serjeants,
the Witneſſes. What can you fay for three of Col: Hacker's, the reſt of Pride's
yourſelf?
and Fairfax's; and about Ten a-Clock
Hulet. My Lord, here are ſeveral at Night were diſcharged.
Witneſſes examined concerning the Bu L. C. Bar. For what were you impri-
ſineſs; and for my Part I do not under- foned?
ſtand the Law: I muſt leave it to the Hulet. For refuſing to be upon the
Court. I
I can upon the other Account Scaffold. .
prove where I was at that very Time ; Burden. It was a common Speech a-
I can in the next Place, my Lord, ſince mong the Soldiers, that Hulei cut off
I came into London, for I did not hear the King's Head.
it before, I can tell you who was the L.C. Bar. How long before did you
Perſon that did that Act : I can bring fee Hulet upon the Guard ?
Forty and Forty Witneſſes that will Burden. The Day before, but not that
prove who they were that did it, as I Day, nor the Day after,
have been informed by ſeveral Wit L. C. Bar. William Hulet, the Evi-
neſſes, that they know who was the Per- dence againſt you is Twofold, one con-
fon that did it. Upon the other Ac- cerning the cutting off the King's Head;
count, I can prove where I was that the other, that you were in a Frock: If
Day, but I did not know when I was it be proved that you did not cut off the
Arraigned, what was laid to my Charge: King's Head, yet if you were in a Frock
Here was ſome Examinations taken be in that Plice, it will not excule you.
fore my Lord-Mayor, concerning the If you have any thing to ſay, I would
Perfons or Perſons that did that Act; be glad to hear it.
(bere be offer'd a Paper, a Copy of the Hulet. I deſire the Perſons may be
ſaid Examinations, ſubſcribed Mary Bran- examined upon Outh, Priſoners,' and
don, and divers others.)
others, who was the Perſon that did it;
Mr. Secretary Morrice. Was you not I mein Hacker, Huncks and Pbayre.
examined in the Tower?
L. C. Bar. You that are the Priſoner,
Hulet. Yes, Sir.
for that which concerns Hacker and
Mr. Secretary Morrice. Did not we Phayre, you know what Conditions they
tell you that you were charged with cut are in, one already tried for his Life;
ting off the Head of the King ?
the other a Priſoner in the Tower: And
Hulet. Yes, Sir, you did tell ne ſo.
Hacker faith himſelf he doth not know
L. C. Bar. Then you had Time to the Perſon at all. You that are the
provide your Witneſſes.
Priſoner at the Bar, the Court conceives
Hules. I was a clole Priſoner.
you have had Time to get your Witneſſes
L. C. Bar. Where were you on the here : You were informed of the Buſineſs
Day of Execution?
before you came here; yet notwith-
Hulet. I was a Priſoner then at White- ftanding, it is conceived there are ſome
here, that can fay komething tending to
ball.
1
the
The TRIAL of the REGICI D E S. 181
the Information of the Jury, but they tell me true, ſaid I, are you the Hangman
are not to be admitted upon Oath againſt that hath cut off the King's Head? I
the King.
cannot carry you, faid I. No, ſaith he,
Sheriff's Officer Examined. I was fetched with a Troop of Horſes and
Sheriff's Officer. My Lord, all that I I was kept a cloſe Priſoner at Whitehall;
can ſay in this Buſineſs is this, One of and, truly, I did not do it. I was kept
our Fellows that belonged to our Ma a cloſe Priſoner all the while; but they
ſter, the Sheriff, John Rooten by Name, had my Inſtruments. I ſaid I would ſink
he and I were talking about this very the Boat, if he would not tell me true;
Story; and he did acquaint me with but he denied, with ſeveral Proteſta-
this, that he was in Roſemary-Lane, a tions.
little after the Execution of the King,
William Cox Examined.
drinking with the Hangman, that he Cox. When my Lord Capell, Duke
did urge him whether he did this Fact: Hamilton, and the Earl of Holland, were
God forgive me, ſaith the Hangman, Beheaded in the Palace-Yard in Weſt-
I did it, and I had Forty Half-Crowns minſter, my Lord Capell aſked the com-
for my Pains.
mon Hangman, ſaid he, Did you cut off
Abraham Smith Examined. my Maſter's Head? Yes, faith he. Where
Smith. My Lord, as ſoon as that fa is the Inſtrument that did it? He then
tal Blow was given, I was walking about brought the Axe. Is this the ſame Axe,
Whiteball, down came a File of Mur are you fure, ſaid my Lord? Yes, my
keteers: The firſt Word they ſaid was Lord, ſaid the Hangman, I am very
this, Where be the Bargemen : Anſwer ſure it is the ſame. My Lord Capell
was made, Here are none. Away they took the Axe and kiſſed it, and gave
directed the Hangman into my Boat: him Five Pieces of Gold. I heard him
Going into the Boat he gave one of the fay, Sirrah, wer't thou not afraid?
Soldiers a Half-Crown ; faith the Sol- Saith the Hangman, They made me cut
diers, Watermen, away with him, be it off, and I had Thirty Pound for my
gone quickly. But I fearing this Hang- Pains.
man had cut off the King's Head, I Richard Abell Examined.
trembled that he ſhould come into my Abell. My Lord, in the Houſe of one
Boat, but dared not to examine him on Mr. Bramfton I did hear Gregory him-
Shore for fear of the Soldiers; fo out I
ſo out I ſelf confeſs that he cut off the King's
launched, and having got a little Way Head.
into the Water, ſaid I, who the Devil L. C. Bar. You that are the Priſoner
have I got in my Boat? Says my Fellow, at the Bar, the Court is willing to give
Why? I directed my Speech to him, all full Scope, as far as may be, to exa-
ſaying, Are you the Hangman that cut mine the Truth of the Fact; as they
off the King's Head? No, as I am a Sin would not condemn the Innocent, fo
ner to God, ſaith he, not I. He ſhook they would not acquit the Guilty. Do
every Joint of him. I knew not what
I knew not what you deſire further Time to examine the
to do: I rowed away a little further, Truth of it before it be put upon the
and fell to a new Examination of him Jury ?
when I had got him a little further's Hulet. I do confeſs I do not under-
Zz
ſtand
46
182 The TRIAL of the REGICID B-S.
ſtand the Laws; I defire I may have a Hewſon, and all the Regiment, ufed do
little farther Time: I deſire the Jury call you Fativer Greybeard. Stammers,
may be withdrawn: I deſire a Fort- he faith, that you was Captain Lieutg.
night's Time, but ſubmit to the Court. nant to Colonel Hewſon's Troop; and
A Stranger Examined.
you coming to Lutterel's Town, you
Stranger. My Lord, I was with my aſked him ſeveral Particulars,. Whether
Maſter in the Company of Brandon, the he had been in the King's Army?
Hangman ; and my Maſter aſked Bran- Walking up and down, you ſaid you
don, Whether he cut off the King's were the Man Beheaded King Charles,
Head, or no? He confeſſed in my Pre- and for that you had One hundred
ſence, that he was the Man that did cut Pounds: This he ſwears pofitively.
off the King's Head.
Samſon Toogood, he ſwears, he ſaw you
L. C. Bar. You that are the Priſoner come to Colonel Hewſon's in 1650, you
at the Bar, the Court was willing to give talked to him very familiarly : When
you as much Time as they could by Law; you were gone, he aſked who you were;
the Jury hath been charged, and Evi he told him, you were a Captain Lieu-
dence given: All thoſe Witneſſes have tenant of Horſe: And he ſaid, that you
been examined that we could hear of
were a very mettled Fellow, and did
now for your Advantage. I will ſay the King's Buſineſs upon the Scaffold;
fomething to you i it was here ſaid, and that afterwards, Col. Her ſon's Regiment
given in Evidence, That Axtell did being diſcharged, you came to be of
fend a Boat to fetch the common Hang- Pretty's Regiment; and that he told
man. If we knew more that might tend this Gentleman, that he was aſſured by
to your Advantage it ſhould be repeated. Colonel Hewſon, that it was you that
You Gentlemen of the Jury, mark it: either cut off the King's Head, or took
There is firſt Gittens, he ſwears that he it up, and ſaid, Behold the Head of a
was in the ſame Regiment that you were Traytor. He faith afterwards, That in
in Twelve or Thirteen Years together: 1654 in Carlow, he aſked you the ſanie
He faith, that he, and others, were Queſtion; and you demanded of him,
called together upon their Oaths, and who told him? He anſwered, he was
you amongſt the reſt : And there was an told by ſeveral Perſons, namely, Hece-
Oath of Secrecy, aſking them if they son and Pretty: You ſaid, What I did,
would do ſuch an Act; they all refuſed I will not be aſhamed of; and if it were
to do it, ſo did you: But he ſaid, the to do, I would do it again. He ſays
Day of Execution of the King, this again at another Time, that you were
Gittens got among them, and one Cap- one of the two Perſons who were then
tain Webb kept the Door, and he ſaw upon the Scaffold ;. and that there were
you fall before the King, and aſk the Staples to enforce the King to ſubmit,
King Forgiveneſs: He ſaid he heard your if he ſtruggled; I had that about 1928,
Voice, and ſo knew you ; and that the which would have done the Buſineſs. And
Day after, Captain Atkins ſaid, You he ſays, in November laſt you came to
ſhall ſee Hulet ſhortly come to Prefer a Meeting upon a Summons of Colonel
ment; and he faith, he did not ſee you Jones, and then did avouch Lambert's
in the Regiment that Day : And that Quarrel: he ſaid, you were too forward
hereto-
I
The TRYAL of the REGICIDE S. 183
heretofore ; you ſaid, If it: be the. Bu the whole Point in this Caſe, the In...
funefs of the King's Head, I will never diétment is for Compaſſing and Ima-
deny it; call me to Account when you will. gining the Death of his Majeſty: The
He heard many call you, Grandfire Evidence goes two Ways; Part of the
Grey-beard. Then there is another Wit- Witneſſes one Way, Part another Way:
neſs, I think his Name is Davis, he If you believe either of them, then you
was in Diſcourſe with you, drinking two ought to find that the Defendant is
Pints of Wine: It is reported (iays he) Guilty. If either he was in the Frock,
you took up the King's Head, and ſaid, though he was not the Man that did it;
* Behold the Huad of a Traitor." And or if you find he did it, it is a clear Te-
he deſired you to reſolve him, whether ftimony of his Imagining and Compare
it was ſo or no: You fait again, it had ling the Death of the King. Now it
been demanded often, but you never reſts
upon you to conſider the Evidence
reſolved any Man: You ſaid, Whoſo-
Man: You ſaid, Whofo- that is given for the Common Hang-
ever ſaid it then, I ſay it now, It was man, that he ſhould be the Main that
the Head of a Traitor. Nelſon, he ſwears, did it ; that the Priſoner at the Bar did
that about Six Years ſince, he was in not cut off the Head : On the other
Diſcourſe with Axtell about it, and Axe ſide, if you do believe he was one of
tell told him, they were a Couple of the Two in the Frocks, upon the Rela-
ſtout Men to your Knowledge, (ſpeak- tions of theſe Perſons, Pretty, Hewſon,
ing to Nelſon;) I was one to do in that anil Axtell, if you believe it upon theſe
Affair : We made Choice of Two, Relations, and after his own Confeſſion;
Walkar and Hulet : Who gave the
Who gave the That if he was to do it again, he would
Blow? Walker, but Hulet took up the do it: Then upon this Evidence that is
Head Colonel Tomlinſon, he ſays, That given -you, he is to be found Guilty,
there were two on the Scaffold; one though he did not cut off the King's
that had a grey Beard, and the other Head. You have heard the Evidence
ſomewhat Flaxen. Nelſon alſo heard by on all sides, it reſts upon you, pray go
Colonel Pretty that you did it. And
And together, and conſider of your Verdict.
then Benj. Francis, he ſays, they had I have forgotten one Thing. God for-
both Frocks alike, one a black Beard, bid that I ſhould omit any Thing that
one a grey-grilled Periwigg, and be may be as well for Advantage, as againſt
lieves he was about your Stature. This the Priſoner at the Bar : If you take it
is the Subſtance of what the Witneſſes fingly, if you have nothing of other
have ſaid againſt you: Gentlemen, you Proof, what another Man ſays of me,
hear what has been proved on Behalf of doth not charge me, unleſs there be
theyPriſoner; that is, if you believe the ſomething of my own; what you have
Witneſſes that are not upon Olth, That heard from himſelf, and what you have
Brandon confeffed it, and owned he did beard by Relations from others, that is
it ;. ſeveral. Witneſſes that fay Brandon to be left to you. It is my Duty to
confeffed he did it, and that he told tell you, that which is faid by another
them of a Sum of Money that was given of me, that alone is not a pregnant E-
him. Gentlemen of the Jury, you ſee vidence ; you muſt remember withal
what
184 The TRYAL of the ReGICIDE S.
what is ſworn poſitively, what he ſaid at the Bar, thoſe of the Júry that were
himſelf: This being ſaid, I muſt leave laſt called, are to paſs, &c. If you, or
it to you. Pray go together.
any
of you, will challenge all, or any
After a more than ordinary Time of of them, you muſt challenge them when
Conſultation, the Jury returned to their they come to the Book, before they be
Places.
Sworn.
Clerk. Are you agreed of your Ver Charles Pitfield, Chriſtopher Abdy,
dict?
Richard Cheyney, George Tirrey, Daniel
Jury. Yes.
Cole,--Hall, Richard Abell, Edmund
Clerk. Who ſhall ſay for you? Starnel, Edmund Pitt, William Wit-
Jury. Our Foreman.
comb, Francis Dorrington, and Thomas
Clerk. William Hulet, alias Howlet, Nicoll, called and ſworn of the Jury.
Hold up thy Hand. Gentlemen, look Clerk of the Crown. Iſaac Pennington,
upon the Priſoner at the Bar : How Henry Marten, &c. hold up your
ſay you, is he Guilty of the High Trea Hands. Gentlemen that are Sworn,
fon, fợc.
look upon the Priſoners at the Bar.
Foreman, Guilty.
You ſhall underſtand that the ſaid Iſaac
Clerk. Look to him, Keeper. Pennington, &c. together with, &c.
Clerk. What Goods and Chattels. (bere the Indi&tment was read,) unto
Jury. None to our Knowledge. which they and every one of them have
And then the Court adjourned till to pleaded Not Guilty, and for their Trial,
Morrow-Morning, Seven a Clock, in this have
have put themſelves upon God and the
Place.
Country, which Country you are : Now
your Charge is to enquire, &c.
King's Council. May it pleaſe your
Lordſhip, and you Gentlemen of the
Jury, the Priſoners at the Bar ſtand in-
Octob. 16. 1660. Seſſions- dicted of High-Treaſon, for Compaſſing
Houſe, Old-Bailey.
and Imagining the Death of the late
King Charles the Firſt, of Glorious Me-
mory. The Indictment ſets forth feve-
Proclamation of the Court. ral Overt-Acts, by 'which that Imagina-
tion doth appear; the Treaſon itſelf is
,
Clerk of the ET Ifaac Pennington, the Compaſſing: Our Evidence will go
Crown. Henry Marten, Gilbert on thus; we ſhall prove againſt them
Millington, Robert Titchburn, Owen all, that they did fit (in that which they
Roe, Robert Lilburn, Henry Smith, Ed. called the High Court of Juſtice) upon
mund Harvy, John Downs, Vincent Pot. the King, whilſt the King was a Priſo-
ter, Aug. Garland, Simon Meyne, James ner at the Bar, moſt of them did Sen-
Temple, Peter Temple, and Tbomas tence him ; all but Harvey and Pen-
Wayte, (in all Fifteen) to the Bar, which mington did Sign that bloody Warrant
was done accordingly.
for his Execution; and that one of the
Clerk of the Crown. You the Priſoners Priſoners at the Bar was in before the
SE
High
q
185
The TRIAL of the Regicide s.
8
you ſhall
High Court of Juſtice, conſulting of Part of it did affent. But, my Lord, I
bringing it about. When we have pro was ſo unhappy as to return to the Court,
ved this, I think it is enough, Pray though with Reluctancy; I went with a
call the Witneſſes.
Reſolution not to go any more to them,
Harvey. My Lord, according to my nor never did; I was ſummoned to come
Duty, I ſhall ſave this Honourable Court to the Court; I did declare I abhorred
all their Trouble. I do humbly acknow the Thing; that my Soul had Reluctancy
ledge that I was, and did ſit in that againſt it, and I was greatly grieved and
Court, but I did not Sign and Seal that troubled at it, and I did refuſe any more
Warrant.
to come, or to conſult about any Thing
L. C. Bar. It is very true, Mr. Har that followed, in order to his Majeſty's
vey.
Death, and to Sign, and to Seal. And
Harvey. I hope your Lordſhip, and that I may make it appear to your Lord.
this Honourable Bench, will give me ſhip, I pray I may have a Witneſs or
leave (in that Time which
ap Two examined.
point) to fhew you my Reaſons that I L. C. Bar. Name them. Did he Sic
did it not of Malice, and it was an Er upon the Day of Sentence?
ror not of Will, but of Judgment; Council. Yes, he did; he followed
what I have to ſay will be (though not it.
for the annihilating) yet for the Exte Mr. Edward Corbet Examined.
nuation of my Crimes.
Mr. Corbet. My Lord, the Acceſta-
L. C. Bar. Say now what you will, tion which I this Day make folemnly in
only conſider with yourſelf, whether the holy Fear of Almighty God, and in
you have not already ſpoken as much as awful Reverence of this great Tribunal,
you can for the Extenuation of it; ſay hath only this great Scope, that Col.
what you can further.
Harvey, the Priſoner at the Bar, upon
Harvey. Let me ſpeak a Word. that Day of Signing the Warrant for
L. C. Bar. Go on, Sir.
that horrid Execution of his moft Excel-
Harvey. My Lord, I do humbly con- lent Majeſty, not in Title only, but in
ceive, if I had conceived that I had Reality," he finding me as I was paſſing
done any Thing of Treaſon, I would to the Duty of my Place, in the Affem.
not for all the World have been there ;' bly of Divines then Sitting, he feized on
I was preſent when his Majeſty did not me, and deſired Privacy of Time and
own the Court, deſiring that both his Place, that he might difburthen his
Houſes might meet, that he might have Soul and Spirit unto me; it was then
a Conference with them for ſettling of about Nine a Clock in the Forenoon to
the Peace : My Lord, heartily and un the beſt of my Remembrance.
feignedly I did endeavour that that Ad L. C. Bar. What Day, I beſeech
vice might be embraced, and that no
Sentence might be pronounced. · I was Corbet. To the beſt of my Remem-
one of thoſe (with ſome others) that did brance
upon the Monday : Sir, ſays he,
ſo far promote it, that that which they I deſire to make known unto you the
called the High Court of Juſtice did deep Horror that fits upon my Spirit,
withdraw to conſider of it, but the major the Sadneſs and Grief, above all Expreſ-
47
fions,
you?
Ааа
186 The TRIAL of the REGICIDE S.
.
fions, that my Preſent Caſe has caſt me told them this,
told them this, that he would do what
into; I have endeavoured, Sir, ſays lay in his Power, that he might not
he, in the Sight of God, all that poſſibly come to have Sentence paſt; upon Sa-
I could to divert them from the Sen- turday, being alſo there, he told him this,
tence; I could not prevail. Sir, ſays that he had done what lay in his Power
he, I have been this Morning follicited to hinder the Sentence, but could not
with very much Earneftneſs, that I attain his Deſign ; but he was reſolved
would go and Sign, and Seal, and Or- he would never Sign nor Seal to his Ma-
der that wicked Execution, which my jeſty's Death, for it was utterly againſt
Soul abhors; and, Sir, that I might be his Judginent.
removed and withdrawn from all Temp Harvey. There is another, my Lord,
tations and Sollicitations of ſuch a wicked and but one more, that is George Lang-
Fact, I beſeech you ſpare me your Time bam.
this Day, which I did, in the Preſence L. C. Bar. To what Purpoſe ? This
of another Divine, till Four a Clock is believed.
that Afternoon, and then I parted and Harvey. I ſhall only crave and ſup:
went to Weſtminſter, to sign and Affilt plicate this Favour of this Honourable
that which I did apprehend ny bounden Bench, that this Honourable Bench will
Duty, the Vindication of the Aſſembly be pleaſed, on my behalf, (lince I have
of Divines, wherein we did teſtify, endeavoured it Two Months before) to
that it was far from our Thoughts to preſent my humble Petition to his fa-
adviſe the Parliament to any ſuch un cred Majeſty, and to intercede for
heard of unnatural Act.
Mercy and Favour on mybehalf, myſelf,
Council. We do admit, that after he my Wife, and Thirteen Children, ſhall
Sat, and Sentence paſt, that he did not humbly pray.
Sign.
The Court received the ſaid Petition,
Harvey. Be pleaſed to call one Mr. and promiſed to preſent it to his Majeſty.
Thomas Langham, he hath heard me Millington. I do not know whether
often declare againſt that Act.
it will be ſeaſonable for me to interpoſe
Mr. Thomas Langham Examined. now, I would ſpeak a little.
L, C. Bar. What do you ſay, Mr. L. C. Bar. Is he next in Order?
Langham, as to this Buſineſs?
Clerk. No, my Lord, Pennington is
Langbam. Sir, about the Time that
his Majeſty was executed, in 1648. I Pennington. I am unwilling to be
was then Servant to Alderman Sleigh, troubleſome to the Court. This I ſhall
who was formerly Partner with this Co- take the Boldneſs to ſay, (which ſhall be
lonel, and he frequently came to Alder- nothing but Truth,) I never had a Hand
man Sleigh's every Night; and the Al- in plotting, contriving malicious Prac-
derman ilaving ſome Buſineſs with him, tices againſt his Majeſty, demonſtrated
would aſk him what News there was at by my utterly refuſing to Sign the War-
the High Court of Juſtice ; he uſually rant for his Execution, though' often
told him the Paſſages upon any Day; follicited thereto; I cannot deny but I
the Alderman aſked him, if ſo be he ſat amongſt them that Day of the Sen-
thought his Majeſty might eſcape ? He tence, but I cannot remember I was
there
next.
4
The TRYAL of the REGICIDB S. 187
there when the Sentence paffed. My but to an ordinary Watchman, there is
ſitting amongſt them was out of Igno. Malice by the Law in the Fact, if there
rance, I knew not what I did, therefore
was no ſuch expreſſed Perſonal Malice
I hope you will believe there was no as you conceive, yet the Fact done im-
thing of Malice in any Thing I did ; I plies Malice in Law.
was mifled to it.
Mr. Soll. Gen. My Lord, he does
L. C. Bar. I cannot hear you, (be think a Man may ſit upon the Death
not speaking aloud.)
of the King, Sentence him to Death,
Pennington. It was Ignorance, not Sign a Warrant for his Execution,
Malice, that led me; if I had known Meekly, Innocently, Charitably and Ho-
what I had done, I would not have done neſtly.
it, I humbly pray that there may be a Marten. I ſhall not preſume to com-
favourable Conſtruction made of it; I
pare my Knowledge in the Law with
humbly leave it with you. I did my that of that Learned Gentleman : But
Duty to pray for the King, but had no according to that poor Underſtanding
Malice to act willingly againſt him. of the Law of England that I was ca-
Clerk. Henry Marten.
pable of, there is no Fact that he can
Council. He did both Sign and Seal name that is a Crime in itſelf, but as it
the Precept for Summoning the Court, is circumſtantiated. Of killing a Watch-
and the Warrant for Execution fat al-
man, as your Lordſhip inſtanced, a
moſt every Day, and particularly the Watchman may he killed in not doing
Day of Sentence.
his Office, and yet no Murther.
Marten. My Lord, I do not decline L. C. Bar. I inſtanced that of a
a Confeffion ſo as to the Matter of Fact, Watchman, to ſhew there may be
the Malice let aſide, Maliciouſly, Mur. Malice by Law, though not expreſſed
derouſly, and Traiterouſly.
though a Man kill a Watchman, in-
Council. If you have any thing to ſay tending to kill another Man, in that
to that, we will prove it.
Caſe it is Malice in Law againſt him:
L. C. Bar. That I may inform you So in this caſe, if you went to kill the
in it, there is Malice implied by Law, King when he was not doing his Office,
Malice in the Act itſelf: That which becauſe he was in Priſon, and you hin-
you call Malice, that you had no Parti dered him from it, the Law implies
cular Intention or Deſign againſt the Malice in this. It is true, all Actions
King's Perſon, but in relation to the are circumſtantiated, but the Killing of
Government, that will not be to this the King is Treaſon of all Treaſons.
preſent Buſineſs; if it ſhould extenuate Juſtice Foſter. If a Watchman be
any Thing, that would be between God killed it is Murther; it is in Contempt
and your own Soul ; but as to that of Magiſtracy, of the Powers above :
which is alledged in the Indictment, The Law ſays, that Contempts adds to
Maliciouſly, Murderouſly, and Traite the Malice.
Youſly, they are the Conſequences of Council. We ſhall prove againſt the
Law. If a Man meet another in the Priſoner at the Bår, (becauſe he would
Street, and run him through, in this wipe off Malice,) he did this very mer
Cafe the Law implies Malice; though rily, and was in great Sport at the Time
of
188 The TRYAL of the REGICIDE 3.
:
of Signing the Warrant for the King's "tend ſo much to his Majeſty's Service,
Execution.
as to endeavour to diſcover fome Part of
Marten. That does not imply Ma- their Counſels; for that it was reſolved
lice.
by Crommell to have the King' tried at
Ewer Sworn.
the High Court of Juſtice, as they cal-
Council. Come, Sir, you are here led it, the next Day, and deſired me
upon your Oath, ſpeak to my Lord, (if poſſible) to be there to diſcover their
and the Jury: You know the Priſoner Counſels, whereby the King might have
at the Bar very well; you have ſome Notice, and thoſe that were to attempt
times ſerved him. Were you preſent his Eſcape. In order whereunto, the
in the Painted-Chamber, January 29, next Day, by giving Money to the Of-
1648, at the Signing the Warrant, the ficer of the Painted-Chamber, I got in
Parchment againſt the King?
by Day-light in the Lobby of the Lord's
Ewer. The Day I do not remember, Houfe: I eſpied a Hole in the Wall,
but I was in that Chamber to attend a under the Hangings, where I placed
Gentleman there: I followed that Gen my ſelf till the Council came, where
tleman (looking at Mr. Marten) into they were contriving the Manner of
that Chamber.
Trying the King, when he ſhould come
L. C..Bar. After what Gentleman? before them: And after the Manner of
Ewer. Mr. Marten. My Lord, I Praying, and private Conſults amongſt
was preſſing to come near, but I was themſelves, when their Prayer was over,
put off by an Officer, or Soldier there, there came News, that the King was
who told me, I ſhould not be there: 1 landed at Sir Robert Cosion's Stairs : At
told him, I was ordered to be there by which, Cromwell run to a Window,
,
that Gentleman. My Lord, I did ſee looking on the King, as he came up
a Pen in Mr. Cromwell's Hand, and he the Garden, he returned as white as the
narked Mr. Marten in the face with Wall: Returning to the Board, he
it, and Mr. Marten did the like to him: ſpeaks to Bradſhaw, and Sir Henry Mild-
But I did not ſee any one ſet his Hand, may, how they and Sir William Brereton
though I did ſee a Parchment there, had concluded on ſuch a Buſineſs: Then
with a great many Seals to it.
turning to the Board, ſaid thus; My
Sir Purbeck Temple Sworn. Maſters, be is come, he is come, and now
Council. What do you know of that we are doing that great Work, that the
Gentleman in his Carriage of this Bu whole Nation will be full of, therefore I
fineſs?
defire you to let us reſolve bere, what
Sir Purbeck Temple. My Lords, I be- Anſwer we ſhall give the King when be
ing preſent in Town when that horrid comes before us : For the firſt Queſtion
Murther was contrived againſt the late that he will aſk us, will be, By what
King, there came ſome Perſons of Ho. Authority and Commiſſion do we try him?
nour, Servants to the late King, to my To which none anſwered preſently.
Father's Houſe, Sir Edward Partridge, Then after a little Space, Henry Marten,
to engage, me to join with them to at the Priſoner at the Bar, roſe up, and
tempt the King's Eſcape. In order
In order faid, In the Nome of the Commons and
whereunto they told me, Nothing would Parliament aſſembled, and all the good
People
The TRIAL of the REGICIDE S.
189
생
​1
People of England. Which none con Sir P. Temple.' It was in 1642, or
tradicted, ſo all roſe up: And then I 1643.
ſaw every Officer that waited in the Room Council. That's nothing to this Buſi-
ſent out by Cromwell, to call away my
away my neſs.
Lord ſuch a one, (whoſe Name I have Marten. My Lord, the Commiſſion
forgot,) who was in the Court of Wards went in the Name of the Commons AP,
Chamber, that he ſhould ſend away the ſembled in Parliament, and the good
Inſtrument, which came not; and ſo People of England. And what a Mat-
they adjourn’d themſelves to Westminſter- ter is it for one of the Commiſſioners to
Hall, going into the Court of Wards ſay, Let it be aɛted by the Good People
themſelves, as they went thither. When of England?
they came to the Court in Weſtminſter Mr. Soll. Gen. You know all Good
Hall, I heard the King aſk them the People did abhor it. I am ſorry to ſee
very ſame Queſtion that Cromwell had
ſo little Repentance.
ſaid to them.
Marten. My Lord, I hope that which
Mr. Soll
. Gentlemen, the Priſoner is urged by the Learned Council, will
at the Bar confeſſes his Hand to the not have that Impreſſion upon the Court
Warrant for Executing the King : You and Jury that it ſeems to have ; that I
fee by his Servant how merry he was at am ſo obſtinate in a Thing ſo apparently
the Sport: You ſee by this Witneſs how ill: My Lord, if it were poſſible for
Serious he was at it, and gave the Foun- that Blood to be in the Body again, and
dation of that Advice upon which they every Drop that was ſhed in the late
all proceeded : And now he ſays he did Wars, I could wiſh it with all my
Heart:
it not Traiterouſly : I humbly conceive But, my Lord, I hope it is lawful to
he means it was Juftifiable.
offer in my own Defence that, which,
Sir P. Temple. At another Time I when I did it, I thought I might do.
was in Town on a Friday, and wanting My Lord, there was the Houſe of Com-
Horſes, I went to Smithfield, where I mons, as I underſtood it, (perhaps
ſaw the Horſes of State of his late Ma- your Lordſhips thinks it was not a Houſe
jeſty, to be ſold in the common Mar- of Commons, but then it was the Su-
ket; at which I called to the Rider ; preme Authority of England : It was ſo
ſaid I, What makes theſe Horſes bere? reported both at Home and Abroad.
Says he, I am to Sell them. Why, ſaid My Lord, I ſuppoſe he that gives Obe-
I, there's the King's Brand upon them, dience to the Authority in being de fac-
C. R. And he ſhewed them me. Said to, whether de jure, or no, I think he
I, Will you ſell theſe Horſes? What is of a Peaceable Difpofition, and far
Price? He aſked me Three or Four- from a Traytor. My Lord, I think
ſcore Pounds apiece : Says I, Who war there was a Statute made in Henry the
rants the Sale of theſe Horſes? Says he, Seventh's Time, whereby it was provi-
Mr. Marten, and Sir William Brereton. ded, That whoſoever was in Arms for
Afterwards I heard the Horſes were ta the King de fatto, he ſhould be indem-
ken into the Mews by the Priſoner at nified, though that King de facto was
the Bar, and Sir William Brereton. not fo de jure : And if Supreme Officers
Council. Was this before the Trial ? 'de facto can juſtify a War, (the moſt
48
Bbb
per-
190
The TRIAL of the REGIĆI D E S.
:
pernicious Remedy that was ever adjudg- Acknowledgment of the People; and
ed by Mankind, be the Cauſe what it he that hath that, let him be who he
will ;) I preſume the Supreme Authority will, hath the beft Title: We have done
of England may juſtify a Judicature, with our Evidence .
though it be but an Authority de fatto. Marten. I have one Word more,
My Lord, if it be ſaid that it is but a my 'Lord: I humbly deſire that the
Third Eſtate, and a ſmall Parcel of Jury would take Notice, that though I
that, my Lord, it was all that was ex am accuſed in the Name of the King,
tant. I have heard Lawyers ſay, That that if I be acquitted, the King is not
if there be Commons appurtenant to a caft. It doth not concern the King that
Tenement, and that Tenement be all the Priſoner be condemned ; it concerns
burnt down, except a finall Stick, the him, that the Priſoner be Tried : It is
Commons belong to that One ſmall as much to his Intereſt, Crown, and
Piece, as it did to the Tenement when Dignity, that the Innocent be acquitted,
all ſtanding. My Lord, I ſhall humbly as that the Nocent be condemned.
offer to Conſideration, Whether the Mr. Soll. Gen. My Lord, this puts us
King were the King indeed, ſuch a one now upon the Reputation of our Evi-
whole Peace, Crown, and Dignities, dence. And you may ſee how neceffary
were concerned in publick Matters? it is to diſtinguiſh between Confidence
My Lord, he was not in Execution of and Innocence: For this very Perſon
his Offices, he was a Priſoner. My that deſires you to have a Care how you
Lord, I will not defer you long, neither condemn the Innocent, he doth ſeem to
would I be offenſive: I had then, and I intimate to you, that he is an Innocent
have now a peaceable Inclination, a Perſon at the Bar : And yet confeſſes he
Reſolution to ſubmit to the Government did Sit upon the King, did Sentence
that God hath ſet over me. I think his him to Death; that he Signed the War-
Majeſty, that now is, is King upon the rant for the Execution ; and yet here
beſt Title under Heaven; for he was ftands that Perſon that defires you to
called in by the Repreſentative Body of have a Care of condemning Innocence :
England. I ſhall, during my Life, What is this at the Bottom of it, bur
long or ſhort, pay Obedience to him: that my Fact is ſuch as I dare not call it
Belides, my Lord, I do owe my Life Innocence, but would have you to be.
to him, if I am acquitted for this. I lieve it ſuch ? Gentleinen of the Jury,
do confeſs I did adhere to the Parlia Was it your Intention the King ſhould
ment's Army heartily: My Life is at be fo tried, as this Priſoner moved ? It
his Mercy ; if his Grace be pleaſed to will concern you to declare, that the
grant it, I have a double Obligation to People of England do abhor his Facts
him.
and Principles: Every Fact the Priſo-
Mr. Scll. Gen. My Lord, this Gen ner hath confefſed himſelf: The Sitting
ţieinan, the Priſoner at the Bar, hath in that Court, which was Treaſon ; his
entered into a Diſcourſe, that I am Sentencing was Treaſon ; Signing the
afraid he muſt have an Anſwer in Par Warrant for Execution was the Higheſt
liament for it. He hath owned the of Treafons. Gentlemen, all that he
King, but thinks his beſt Title is the hath to ſay for himſelf, is, There was
be
an
The TRY AL of the REGICIDE 8. ror
an Authority of his own making, whereby as then knowingly and maliciouſly to
he becomes Innocent: But we hope, act it. My Lord, it was my Unhappi-
out of his own Mouth, you will find nefs to be called to fo fad a Work,
him guilty.
when I had fo few Years over my Head ;
Gilbert Millington, I deſire you to a Perſon neither bred up in the Laws,
hear me : I come not hither to diſpute, nor in Parliaments where Laws are
but to acknowledge ; I will not trouble! made. I can ſay with a clear Conſci.
you with long Diſcourſes. My Lord, ence, I had no more Enmity in my
it is not fit for wiſe Men to hear them, Heart to his Majeſty than I had to my
I am not able to expreſs them: I will Wife that lay in my Boſom. My Lord,
not juſtify myſelf, I will acknowledge I ſhall deny nothing: After I was fum-
myſelf guilty. My Lord, the Reaſon moned, I think truly I was at moſt of
why I ſaid the laſt Day, Not Guilty, the Meetings ; and I do not ſay this,
was in Reſpect of being upon the Scaf- that I did not intend to ſay it before,
fold, and Murthering the King, and but preſerving that Salvo to my own
thoſe Things; but I will wave all Conſcience, that I did not inaliciouſly
things, if your Lordſhip will give me and knowingly do it, I think I am
Leave, and will go unto the loweſt' bound in Conſcience to own it: As I
Strain that poſſibly can be ; I will con do not deny but was there, ſo truly I
fefs myſelf guilty every way. I was aw do believe I did ſign the Inftrument;
ed by the Power then in Being. This and had I known that then which I do
I leave with you, and lay myſelf at your now, (I do not mean, my Lord, my
Feet, and have no more at all to ſay, Amictions and Sufferings, it is not my
but a few Words in a Petition, which I Snfferings make me acknowledge,) I
deſire you will pleaſe to accept, and ſo would have choſen a Red-hot Oven to
I conclude.
go into, as ſoon as that Meeting. I
Council. We do accept this honeſt and bleſs God, I do this neither out of Fear,
humble Confeſſion, --and fhall give no or Hopes of Favour, though the Penalty
Evidence againſt him to aggravate the that may attend this Acknowledgment
Matter.
may be grievous ; my Lord, I do ac-
L. C. Bar. Your Petition is accepted, knowledge the Matter of Fact, and do
and ſhall be read.
folemnly proteſt I was led into it for
Robert Tischburne. My Lord, when I Want of Years; I do not juſtify either
firſt pleaded to the Indictment, it was, the Act, or the Perſon ; I was ſo unhap-
Not Guilty išl Manner and Forines 1 py then, as to be ignorant; and I hope
ſtood. IndiEted: My Lord, It was not ſhall not now, (ſince I have more Light,)
then in my Heart either to deny or ju- juftify that which I was ignorant of ; I
ftify any Title of the Matter of Fact.
am ſure my Heart was without Malice;
My Lord, the Matter that I was led if I had been only aſked in Matter of
into by Ighorance, my Conſcience leads Fact at firſt, I ſhould have frid the
me to acknowledge ; but, my Lord, if fame. I have ſeen a little: The great
I ſhould have faid Guilty in manner and God before whom we all ſtand, hath
Forin as I ſtood indicted, I was fearful I ſhown his tender Mercy to Perfons upon
hould have charged iny own Conſcience, Repentance. Paul tells us, though a
Blar-
V
192
The TRYAL of the R EGICIDE s.
+
*
Blaſphemer, and a Perſecutor of Chriſt, of it, and look upon me as one that out
it being done ignorantly, upon Repen- of Ignorance did it; and if I had known
tance he found Mercy; my Lord, Mer of my Act, I would rather have been
cy I have found, and I do not doubt torn in Pieces with a Thouſand Horſes.
but Mercy I ſhall find. My Lord, I When I heard of the Declaration and
came in upon the Proclamation, and gracious Pardon of his Majeſty, I con-
now I am here, I have in Truth given feſs I went to my Lord Mayor's, and
your Lordſhip a clear and full Account; laid hold of it, and I thought my Life
whatever the Law ſhall pronounce, be as ſecure as it is now in my own Hand;
cauſe I was ignorant, yet I hope there but I do wholly caſt myſelf upon the
will be room found for that Mercy and King's Mercy; and as I have heard he
Grace that I think was intended by the is a gracious King, full of Lenity and
Proclamation, and I hope by the Par- Mercy, ſo I hope I ſhall find it. I was
liament of England. I ſhall ſay no never againſt Government; it is a bleſſed
more, but in pleading of that, humbly Thing that we have it ; I hope all the
beg that your Lordſhip will be Inſtru Nations will be happy under it. I ſhall
mental to the King and Parliament on ſubmit to his Majeſty and Government;
that Behalf
I can ſay no more ; I was not brought
Council
. We ſhall give no Evidence up a Scholar, but was a Tradeſman,
againſt the Priſoner ; he ſays he did it and was meerly ignorant when I went
ignorantly, and I hope and do believe on in that Buſineſs ; I do humbly in-
he is Penitent, and as far as the Parlia treat your Lordſhip, that you would,
ment thinks fit to ſhew Mercy, I ſhall as tenderly as may be, preſent my Cafe
be very glad.
to the King, whom 1 reſt upon; and
Owen Rowe. I have not much to ſay, leave ali to your Lordſhip's Wiſdom
I never had any Ability; therefore, my and Diſcretion, to do what you will
Lord, it was never my Intent upon my concerning me-
Plea, as was ſaid before, to deny any Council. We accept his Confeſſion,
Thing I have done'; for I was clearly and do hope he is Penitent before God,
convinced that I ought to confeſs it be as well as before the World.
fore ; and I do confeſs againſt myſelf, Robert Lilburn. Be pleaſed to give
tha I did Sit there ſeveral Times; and me leave to ſpeak a few Words ; I ſhall
to the beſt of my Remembrance, I did be ingenuous before your Lordſhip. I
Sign and Seal the Warrant for his Exe ſhall not wilfully nor obſtinately deny
cution, and truly, my Lord, it was the Matter of Fact; but, my Lord, I
never in my Heart to contrive a Plot of muft, and I can, with a very good Con-
this Nature. How I came there I do ſcience, ſay, that what I did, I did it
not know, I was very unfit for ſuch a very innocently, without any Intention
Buſineſs, and I confeſs I did it ignorantly, of Murther; nor was I ever Plotter or
not underſtanding the Law, ſo was car Contriver in that Murther , I never
ried away hidden in the Buſineſs, not read in the Law, nor underſtood the
underſtanding what I did ; therefore, Caſe thoroughly; whatever I have done,
my Lord, I humbly intreat this Ho. I have done ignorantly.
nourable Court, that you will conſider
L. C. Bar.
I
:
+
The TRIAL of the REGICID £ $. 193
:
L. C. Bar. Becauſe you ſhall not be the Hands are like mine, but whether
miſtaken in your Words, God forbid they be fo or no, I know not.
that we ſhould carp at your Words; the Council. Then we will prove it. Is
Word Innocent hath a double Accepta-
the Seal yours?
tion, Innocent in reſpect of Malice, Smith. I do not know.
and Innocent in reſpect of the fact. Council. Do you confels you were in
Lilburn. The Truth is, my Lord, I the Painted-Cbamber the 29th of Janua
was for the withdrawing of the Court, ary? Do you remember any Thing of
when the King made the Motion to that!
have it withdrawn; and upon the Day, Smith. I do not certainly know that.
my Lord, that the King was put to Council. My Lord, he hath faid
Death, I was ſo ſenſible of it, that I enough. Shall the Jury doubt of that
went to my Chamber and mourned, which he believes?
and would, if it had been in my Power, Smith. I do do not remember that
have preſerv'd his Life. My Lord, I I did write it.
was not at all any Diſturber of the Go Council. My Lord, we preſs it no
vernment ; I never interrupted the Par- further, he hath confeffed enough.
liament at all. I had no Hand in thoſe Smith. My Lord, what I have done,
Things, neither in 1648, nor at any I beſeech you conſider I did it in Igno-
other Time. I ſhall humbly beg the rance, not knowing the Law; there
Favour of the King that he would be were thoſe about me that were able to
pleaſed to grant me his Pardon, accord call me, who were then in Authority,
ing to his Declaratin, which I laid hold whom I dared not diſobey, if ſo , I had
on, and render'd myſelf according to been in Dinger alſo.
the Proclamation.
Council. My Lord, we have done ';
Council. We ſhall ſay nothing againſt be pleaſed to direct the Jury upon theſe
him.
ſeveral Evidences and Confeſſions.
Henry Smith. My Lord, I ſhall not Sinith. I beg one Word; I mut de-
deſire to ſpend your Lordſhip’s Time; clare this, I can ſpeak iz ſeriouſly, that
what I have done I did it ignorantly, from the firſt to the laſt of theſe unhappy
not knowing what I did. I ſhall not Wars, I have been a Man of Trouble
deny the Matter of Fact; but as to that and Sorrow ; I have been (as many wiſe
I pleaded Not Guilty before, it was in Men have been) run upon Error.
Error. My
relation to that which I was ignorant of, Lord, I know not what I have done ;
the Law of the Nation; I have not I pray that this Court will be pleaſed to
been bred to it; I humbly deſire your be a Mediator for me, that I may have
Lordſhip to conlider, that what I did his Majeſty's Favour, and that this pe-
was done ignorantly, not knowing the tition may be received on my Behalf.
Law
(He then delivered his Petition to the
Council. What was that?
Court.) I can rejoice for that happy Set-
Smith. I do confeſs that I Sat in the clement that is again in the Nacions
Court; I do not remember that I Sign- and declare chearfully my humble Sub-
ed or Sealed, (both the Warrants being miſſion to that Government ; and deſire
jbewed bim) adds, my Lord, I confeſs the Lord will bleſs and proſper his Ma-
49
Ссс.
jeſty
1
f
194 The TRIAL of the REGICIDE S.
more.
jeſty and the Parliamentin theſe Nations. of the Overt-Acts expreſly laid down in
My Lord, I rendered myſelf according the Indictment, they took upon them
to the Proclamation. I ſhall ſay no. an Authority to conſider how to put the
King to Death, and that they did put
L. C. Bar. Gentlemen, you of the the King to Death; but they were mi-
Jury, theſe Priſoners that ſtand before ſtaken, as ſome of them laid, that the
you at the Bar, that is, Mr. Harvey, actual murdering of the King was not
Penington, Marten, Millington; Titch their meaning. But if they did that
burne, Roe, Lilburn, and Mr. Smith, which tended towards it, they are all
there are Eight; theſe are Perſons, who guilty of Treaſon ; it is all one to you if
by the Act of Indemnity are to be tried they be guilty of any of theſe ; either
for their Lives for the Treaſons they Sitting, Sentencing, or Signing, they
have committed, but no Execution is are Guilty ; and all of theſe, excepc
to be, until the Parliament have further Two, are Guilty of all theſe. The
conſidered the Matter that is before us; Matter is clear and pregnant; there is
and you ſhall find the Matter of Fact. fomething hath been ſaid by many of
What Mercy they ſhall find hereafter, them, with a great deal of Expreſſion
that is to be left (as I told you) to the of Sorrow; they did confeſs (all but one)
Conſideration of the Parliament, we the Fact; and that which tended to
are to proceed according to Law and Ju- their Defence, was Ignorance; but that
ftige. They are all Indicted for Com doth not at all concern you. It will be
palling and Imagining the Death of our taken in its due Time into Confideration;
Jare Sovereign Lord Charles the Firſt, the ſeveral Deportments of them all,
of moſt glorious Memory; and for that that is for another Judicature. Your
that hath been opened to you, there are Buſineſs is to find the Matter of Fact;
ſo many Overt-Acts, which are as fo only this, let me repeat unto you, there
many Evidences to prove that Indict. is Mr. Harvey, who hath pleaded ſeve-
ment; which is the Compaffing and ral Matters which are not proper for
Imagination of their Hearts to put the you, expreſſing his Sorrow and Peni-
King to Death. If any one of theſe be tence; we ſhall not trouble you with
proved, that is alone enough to prove that, becauſe they are for the Conſidera-
the Indictment, which is the Compaf- tion of another Court: We ought all to
fing and Imagining of the Heart ; that have a tender Compaſſion, ought to be
is the Treaſon, the other are but Evi- forry with and for them that are forow-
dences. If any Thing burſt forth from ful. The like of Alderman Penington.
the Mouth, or from the Hand, as here Marten hath done that which looks for-
it is, theſe are Evidences of the Imagi. ward more than backward, I could
nation of the Heart į for this you have wiſh with all my Heart he had looked
geard by the Confeſſion of all of them, more backward ; that is, to Repentance
that they did enough to find the Indict- of that which is paſt, than Obedience.
ments: they have all of them confeffed to that which is to come : It is a Trou-
their Sitting upon the King in that trai- ble to repeat thoſe Things which he :
terous Affembly, which they called the faid himkelf, and truly, I hope in Cha-
High Court of Juſtice. There is one rity he meant better than his Words.
were..
.
The TRYAL of the RBGICIDES:
1195
was
were. Millington, he hath done the thy Hand. How fay you, is the Priſo-
like with the reſt, confeffed the Fact, ner Guilty of the Treaſon whereof he
put himſelf upon Mercy wholly, and Indicted, and hath been Arraignal, or
faid, he was over-aw'd by the prefent Not Guilty ?
Power. This I repeat, not as any
Foreman. Guilty
Thing to you, who are to conſider only Clerk. Look to him, Keeper:
Matter of Fact. For Alderman Titch. Clerk. What Goods and Chattels ?
burne, he hath ſpoken very fully, and Jury. None to our Knowledge.
truly very conſcientiouſly upon the The ſame Queſtion being aſked touching
whole Matter, acknowledges his Igno- Alderman Penington, Henry Marten,
rance, his Sorrow, his Conviction in Gilbert Millington, Alderman Titch-
Point of Conſcience; and I beſeech
and I beſeech burne, Colonel Roe, Colonel Lilburn,
God Almighty to incline his Heart and Henry Smith, they were feverally.
more and more to Repentance. They found Guilty by the Jary in Männer am
that crucified Chriſt (to uſe his own foreſaid. All which Priſoners finding the
Words) through Ignorance, found Mercy. Place where they ſtood to be cold and una
Colonel Roe, he confeſſes the ſame wholjome, prayed the Court they might
wholly, and caſts himſelf upon the bave Leave to be returned to the Priſon,
King's Mercy, and he thought it a bleſ. till the Court Mall be pleaſed to command.
ſed Thing that the King was reſtored their further Attendance, which
again, and ſubmitted wholly to Mercy. granted.
And ſo did Mr. Lilburn, he ſaid he The reſt of the Priſoners aförenamed,
went to his Chamber, and mourned the together with W. Heveningham,
Day the King was Beheaded ; I am very I brought to the Bar.
glad he had lo early a Senſe of it. Wil Clerk. You the Priſoners at the Bar,
liam Smith, he did it ignorantly, he was thoſe Perſons laſt called of the Júry are
not guilty thus far ; that was, he was to paſs, Esc. If you, or any of you,
led on, even like one filly Sheep that will challenge all, or any of them, you
follows another ;. by what Relation I muſt challenge them when they come to
have heard of the Perſon, at that Time the Book, before they be ſworn.'
he was not thought fit to be of the Pri Clerk. Charles Pitfield, Chriſtopber
vy. .Council. There is nothing more to Abdy, George Terry, Daniel Cole, An..
fay to you, the fact is confeffed by thony Ball, Richard Abel, Edmund Star-
them all. It is ſo clear, you need not nel, Edmund Pitt, William Witcomb,
go from the Bar.
Francis Dorrington, Thomas Nicoll, Ro-
The Jury went together, and after a bert Sheppard, in all Twelve, admitted
little Conſultation, ſettled in their Pla- and ſworn of the Jury.
Clerk. If any Man can inform, &c.
Clerk of the Crown. Are you agreed Clerk: John Downes, Hold up thy
on your Verdict ? :
Hand, &c. and the like were ſaid to all
Jury: Yes.
the other Perſans following, viz. Vincent
Clerk. Who fall ſay for you? Potter, Auguſtin Garland, Simon Meyne,
Jury. The Foreman.
James Temple, Peter Temple, Thomas
Clerk, Edmund Hervey. Hold up. Waite, and William Hevening ham.
Look
. home
ces.
196 The TRY AL of the REGICIDE S.
Look upon the Priſoners at the Bar, you my Conviction, if the Court ſo pleaſe,
that are ſworn ; you ſhall underſtand and that you will be pleaſed to hear me
that John Domnes, the Priſoner at the
on my Behalf; if I can humbly offer to
Bar, ſtands indicted, &c.
you ſome ſpecial Thing, which is not
King's Council. May it pleaſe your in the Caſe of another, (I could wiſh it
Lordſhip, and you Gentlemen of the had, if it had we had none been here,)
Jury, The Priſoners at the Bar ſtand I do humbly acknowledge, that to lic
indicted of High Treaſon, for Compal- upon that Occaſion in that Place is Evi-
ſing and Imagining the Death of the late dence enough to evince what is in the
King Charles the Firſt, of Bleſſed Me- Heart, except by ſome ſignal Actions
mory; the Evidence by which we ſhall that might happen from fome, that
make out againſt them this Treaſon of might ſhew how it was his Unhappineſs
their Heart, in Compaſſing and Imagi- to be put into ſuch a Buſineſs, yet had
ning the King's Death, (for that is the neither Malice nor Treaſon in his Heart:
Subſtance of the Indictment, and all that I do humbly conceive, that there is that
follows is but Evidence,) will be by pro- Goodneſs in you, that this Plea, this
ving, that they did fit as Judges in that Allegation, will be moſt welcome to
pretended Court of Juſtice, when the you. My Lord, Though there was
King ſtood a Priſoner at the Bar ; they ſuch a Thing, ſuch an unparalleld
did ſentence him to Death every one of Thing, I was thruſt into this Number,
them; and we ſhall prove againſt all but never was in Conſultation about the
but one of them, that they did ſign that Thing : God is Witneſs, I was not put
Bloody Warrant for Murthering of the in till the Act was ready to paſs in a ſe-
King; and againſt one of them that cond Commitment, by one of the ſame
ſtands at the Bar, we ſhall prove (to his Number: I denied it, yet they ſaid they
Shame and Confuſion of Face) that he muſt make one, I muſt take my Share ;
did ſpit in the Face of our late Sovereign ſo I came in. Never did I know of his
Lord.
Majeſty's being brought to London, till
John Downes. My Lord, I have he came. My Lords, in this great Un-
humbly pleaded Not Guilty; not with happinefs I think it is fome Mitigation,
any Intention to juſtify the Fact, or to and I judge it a Happineſs, that ſo
extenuate it : But, my Lord, in regard Wiſe, Prudent Perſons as this Court
there is that charged in the Indictment, conſiſts of, that you are my Judges;
that my Conſcience faith I am not guilty that can look back, my Lord, and con-
of, I durſt not plead Guilty ; otherwiſe, ſider what the Times were then; and
my
Lord, I ſhould not have troubled can, my Lord, account it a Happineſs
you with Not Guilty, but ſhould have that there is a ſpecial Wiſdom in you,
humbly taken the Shame and Confuſion that in nice Cates you will be able to
for it: It is my Intention to put the make a Diſtinction, I do indeed, my
Court to as little Trouble as poſſibly I Lords, fadly and ſeriouſly confeſs, that
can; therefore I do moſt humbly intreat I was divers times with thoſe Perſons
of your Lordſhip, and the Court, that that were called Judges of the late King,
you will permit me to acknowledge that at ſeveral of their Meetings and Sittings;
which will be a fufficient Evidence of it is long ago, I cannot lay how often ;
I was
**
Better
The TRIAL of the ReGICIDE S. 197
1
I was ſeveral times there. My Lord, I might foon repent of ſuch a Sentence;
do humbly beg of your Lordſhip, (I that he did conjure them to withdraw
will trouble you as ſhort as I can) that once again, and to conſider of it, if it
you would be pleaſed ſo far to favour were but half an Hour, or (faith he, if
me, as to give me Leave to give you a that be too much for you) I will with-
fhort Account of the Buſineſs: The laſt draw. My Lord, Here I can make
Day that his Majeſty came to that which my Appeal to him that muſt judge me
was called then a Court, ſeveral times when you have done with me, I had
he was brought, (I think thrice) and his not a murderous nor a traiterous Thought
Charge was given in Words high enough; againſt him ; but, Sir, I confeſs ſuch
he faid, he could not ackowledge their deep Paſſions did fall upon me, that
Juriſdiction, that was the Anſwer, my truly myfelf I was not.
I remember
Lord, till the laſt Day; then I confeſs the Perſons between whom I ſate, as it
I was there. He that was called Preſi- fell out, were one Mr. Cawley, and
dent did again and again tell him the Colonel Walton; theſe two I fate be
Heads of his Charge; told him he had twixt, theſe were the very Words I
ſeveral Days given for Conſideration, ſpake to them, Have we Hearts of Stone ?
that this was the laſt Day that the Court Are we Men? They laboured to appeaſe
(as they call'd themſelves) would give me ; they told me, I would ruin both
him his final Anſwer; if he ſtood ſtill nytelf and them ; ſaid I, if I dye for it,
to Day, and move to the Juriſdiction I muſt do it. Cromwell fate juſt the
of the Court, they muſt take all pro Con Seat below me; he hearing of me make
felo, and would give Sentence. My ſome Stir, and whiſpering, he looked
Lord, To this his Majeſty indeed with a up to me, and aſked me, if I were my-
great deal of Compoſedneſs and Wif- ſelf? What I meant to do, that I could
dom told them to this Effect: I cannot not be quiet? Sir, faid I, No; I can-
own your Juriſdiction ; you have Power not be quiet. Upon that I ſtarted up
enough indeed, I wiſh you may uſe it in the very Nick, when the Preſident
well, but becauſe you are ſo ready to commanded the Clerk to read the Sen-
give a Sentence, which may be ſooner tence, I ſtepping up, and as loud as I
given than avoided, I think fit to let could ſpeak, ſpoke to this Effect theſe
you know, that I have ſomething that I Words, or to the like Purpoſe : My
deſire to ſpeak to my Parliament; for I Lord, (faid I) I am not ſatisfied to give
have ſomething to offer unto them that my Conſent to this Sentence, but have
will be fatisfactory to you all, and will Reaſons to offer to you againſt it, and I
be for the immediate Settlement of the deſire the Court may adjourn to hear
Kingdom in Peace. - My Lord, me. Preſently he ſtepp'd up and looked
He that was called Preſident anſwered,
at me; nay, faith he, if any one of the
That no notice could be taken of any Court be unſatisfied,
Court be unſatisfied, the Court muſt
thing, but only whether he would anſwer adjourn. · Sir, accordingly they did ad-
to his Charge. Upon that, my Lord, journ into the Inner Court of Wards :
his Majeſty indeed, (with the greateſt When they came there, L was called
Earneſtneſs that ever I beheld, and yet upon by Cromwell to give an Account,
in no unſeemly Paffion) told them, they why I had put this Trouble and Diſtur-
50
Ddd
bance
2
198
The TRY A L of the ReGICIDE S.
bance upon the Court ? I did fpeak, Vehemency deſired to ſpeak with his
Sir, to this Effect, (it is long ago, the Parliament; Were not theſe Emergen-
very Words I think I cannot ſpeak) but cies? If not, I knew not what were
to this Effect I did ſpeak: My Lord, I Emergencies. My Lord, Beſides this,
ſhould have been exceeding glad, if the there was another Thing I did preſs,
Court had been pleaſed to condeſcend that I thought was of greater Conſe-
to this gracious Expreſſion ; but it is quence than this, as to the Satisfaction
not too late for me: I deſire not his of every Man's particular Conſcience;
Death, but his Life, and that the Na. That admitting (if it might be admitted)
tions may be ſettled in Peace. The that the King was liable to his Subjects,
King now is pleaſed to offer, that if he that they might call him to: an Account,
might but ſpeak with his Parliament, and might condemn him, (I beg your
he would offer to them ſuch Things as Pardon, that I take the Boldneſs to
ſhould be ſatisfactory to us all. So (faid make ſuch Admiſſions ;) but if ſuch a
1) what would you have? Your Pre- Thing might be admitted, certainly it
tence of bringing him to theſe Proceed did exceedingly become thoſe Judges
ings was, that after ſuch a long and that were to give ſuch a Sentence, (not
bloody War his Majeſty would not con againſt a common Perſon, but againſt
deſcend to ſuch Conceſions, as might the greateſt,) to be very well ſatisfied
ſecure the Parliament's Party ; but now in Matter of Fact, to a full Evidence
you
hear him, that he will give every before them, that ſuch and ſuch Things
one of us Satisfaction. I told them, that were ſaid were true. I do acknow-
ſadly told them, (I think I may truly ledge this, that to the beſt of my Ap-
ſay, more ſadly than at this Time,) that prehenſion, (I wiſh it had been ſo to
if they ſhould go precipitantly on, and others,) there was a great Shortneſs in
give Judgment upon him, before they this: I do humbly
, affirm this, that not
had acquainted the Parliament with what one Member of the Court did hear one
the King was pleaſed to offer, we ſhould Witneſs Viva voce; I did preſs, that if
never be able to anſwer it ; the rather, the Court did give Judgment againſt the
my Lord, (and that I did preſs with all King without a fair Examination, I ſaid
the little Underſtanding that I had,) if it was ſuch a thing as no Judge at any
they did but conſider the laſt concluded Alizes would do againſt a common Per-
Order that the Parliament made after ſon. What I had was from Peters, and
the paſſing of the Act for Trial, (that from ſome private Whiſpers from one
which was ſo called,) I ſay, there was of them that is gone, and hath received
this Order that ſhut up all, That upon his Sentence and Doom. Cromwell did
any Emergency that could not at that anſwer with a great deal of Storm; he
time be thought on in the Houſe, the told the Preſident, That now he faw
Court ſhould immediately acquaint the what great Reaſon the Gentleman had
Houſe with it. My Lord, I did infer to put ſuch a Trouble and Diſturbance
as ſtrongly as I could to them, that if upon them ; faith he, ſure he doth not
this were not emergent, I could not tell know that he hath to do with the har-
what was : The King denied the Juriſ- deft-hearted Man that lives upon the
diction of the Court, and yet with all Earth ; however, it is not fit that the
3
Court
AL
'2
The TRYAL of the REGICIDE S.
199
hinder you.
Court ſhould be hindred from their Duty rant for Execution---- Pray fhew it him.
by one peeviſh Man; he ſaid, the Bor- (It was mewn him.)
tom was known, that he would fain lave Downes. My Lord, How to reconcile
his old Maſter; and deſired the Court, that which hath been ſaid before, with
without any more ado, would go and this that comes after, I leave it to you ;
do their Duty. Another thať ſpoke to I am totally at a Loſs. When thoſe
me in Anſwer, was one that hath been Times were, how impetuous the Sol-
before you, and hath received his Sen diers, how not a Man that durft either
tence, but is not dead, and I deſire I diſown them, or ſpeak againſt them. I
may not' name his Name,) his Anſwer was threatened with my very Life, by
was to what I have ſaid, that ſome Men the Threats of one that hath received
were either Scepticks, or Infidels. Af his Reward, I was induced to it. Cer.
ter this I did go into the Speaker's cainly, my Lord, it doth argue that
Chamber, and there I did eaſe my Mind there was not Malice predominant ;
and Heart with Tears, God only knows. Love and Hatred cannot be at the ſame
I have an unhappy Memory; I have time in one Perſon. Deſign, my Lord;
Nipt many things.
what ſhould be my Deſign? A poor,
L. C. Bar. Remember yourſelf by ordinary, mean Man. Surely, my Lord,
Papers; if you have any, no Man will I could not deſign any great Matters or
Places. I knew my ſelf unfit; I hum-
Downes. I have no Papers; but, my bly beg you would give me Leave to
Lord, for the Truth of this I have ſaid, tell you a little what I got
there are ſome Witneſſes that will make Mr. Sall. Gen. By your Favour, my
the Subſtance, the Effect, of this ap- Lord, the Priſoners at the Bar may ſay
pear.
what they will by way of Extenuation;
L. C. Bar. Mr. Downes, There is but we expect that when they enter
one Particular before you come to the upon theſe Diſcourſes, they will ſave
Witneſſes, that after all theſe Convic your Lordſhip’s Time and ours, by a
tions you ſigned the Warrant: If you publick Confeſſion and Evidence of
deny it, the Council will prove it. Sorrow. We cannot ſpend ſo long Time
Downes. I did never hope, or think, to hear theſe long Diſcourſes; we will
that any thing I can ſay ſhould be ſo fa rather prove it againſt every Man
tisfactory to you, but Things might be ſingly.
retorted upon me ; and perhaps what I Downes. I will trouble you no far-
thought might be for extenuating my ther; I do acknowledge all; I humbly
Crime, may fall out to my Diſadvan- ſubmit
, and beg your Favour, and leave
tage. I underſtand you do proceed my ſelf upon my Countrymen the Jury,
upon three Particulars, either ſigning and beg the King's Mercy ſpecially
the firſt Warrant for conſtituting the Pray ſpare me one Word, that you
Court; 'to my Remembrance I knew would hear but à Witneſs or two unto
not of it ; if my Hand was to it, I have that Buſineſs.
forgot.
Council. He doth confeſs he fat and
Council. Your Hand is not to that, figned ; we believe he is ſorrowful, and
but we mean your Hand is to the War- againſt his Conſcience he did fign; and
that
200 The TRYAL of the R EGICIDE 3.
:
my Trial.
that he did it out of a Fear, and from eaſe myſelf.
a Threat; that he was over-awed; (ſo L. C. Bar. Officer, Set a Chair for
was the Hangman too;) but after he him ; (which was done.) Mr. Potter fit
had apprehended this Sorrow, and de down.
clared his Judgment upon the Fact, he Aug. Garland. May it pleaſe your
ſigned the Warrant.
Lordſhip, I came here this Day intend-
Downes. My Lord, I do humbly beg ing to have waved my Plea, and reser-
his Majeſty's Mercy; I came in upon red myſelf to this Honourable Court to
the Proclamation.
be recommended to the King's Mercy
Vincent Potter. My Lord, my Con-
Con- and the Parliament; but hearing of
dition requires Eaſe for my Body; (he fome Scandal upon me more than ever I
had a Fit of the Stone upon him at that did hear till within theſe few Days, 1
Time ;) I pray that the paſſing the Sen- hall deſire your Favour in hearing of
tence for Execution may be ſuſpended.
L. C. Bar. The Execution muſt be Mr. Soll. Gen. My Lord, he faith
ſuſpended, for you are within that Qua- well; for if he had confeffed the Indict-
lification.
ment, we ſhould not have accepted it.
Potter. I deſire only this, I am not [Call the Witneſſes.]
in a Condition to declare what I know, Gorland. I do confeſs this; I fate,
and would ſpeak; I am mighty full of and at the Day of Sentence ſigned the
Pain; if I am under that Cualification, Warrant for Execution.
let me reſt under that.
Mr. Soll. Gen. And we will prove
Council. Do you confeſs the Indiet that he ſpat in the King's Face.
ment, or will you put us to prove it? Garland. I pray let me hear that, o-
Potter. I am one that came in. therwiſe I would not have put you to
L. C. Bar. It is thus with
any Trouble at all.
ther or no did you Sit, Sign, or Act in
Cleneb ſworn.
this High Court of Juſtice againſt the Council. Do you know the Priſoner
King?
at the Bar, Auguſtin Garland ?
Potter. I deny nothing ; I confeſs Clench. I know him very well.
the Fact, but did not contrive it: I am Council. Tell my Lords and the Jury,
full of Pain.
how you ſaw him behave himſelf to our
L. C. Bar. According to the Deme- Sovereign Lord the King when he was
rit of the Caſe in Law you muſt receive at the Bar
Judgment here, but no Execution of Clench. I was that Day at Weſtminſter-
that Judgment ſhall be, untill the King, kall when the King had Sentence ; they
by Advice and Conſent of Lords and hurried the King down; this Mr. Gar-
Commons, ſhall order the Execution of land came down Stairs by them; towards
it; you are to be tried now ; do you the Bottom of the Stairs he ſpit in his
confeſs you ſigned the Warrant for Exe Face at a little Diſtance.
cution of the King ?
Council. Do you believe he did it on
Potter. I do confeſs it, my Lord. purpoſe, upon your Oath?
Council. We do accept it.
Clench. I ſuppoſe he did it ſomewhat
Potter. I beſeech you, let me go to ſuſpiciouſly in that way ; I did ſee the
King
you, Whe-
me.
goin,
and it was put on
The TRYAL of the REGICID E-s. 201
King put his Hand in his left Pocket, go to the Houſe : I was then at my
but I do not know whether the King Chamber at Lincoln's Inn; I forbore a
wiped it off.
Week and more; faid I, I do not ex-
Mr. Soll. Gen. The King wiped it pect to be admitted, for they look upon
off, but he will never wipe it off ſo long me as another Perſon ; ſaid they, if
as he lives : He hath confeffed that he
you
will go you ſhall have no Contra-
Sate ; that he Sentenced, and that he diction. I went, and went in; when
Signed: We ſay he contrived it at the I was in, the firſt Buſineſs that came,
Beginning, and at laſt bid Defiance to was the Buſineſs of Trial of the King,
the King; I ſhall deſire he may be re-
membred in another place.
for bringing in this Act for Trial : 1
Garland. I do know that I was near did not know how to contradict that
him at that Time; I do remember this Power or Authority, (be it what it will,)
Paſſage; I am afraid he is an indigent but I muſt obey ; (I fear my Ruin will
Perſon. If I was guilty of this Inhuma- follow it ;) in that reſpect, my Lord,
nity, I deſire no Favour from God Al when I came there I was forced to run
mighty.
throughout what they had impoſed upon
L. C. Bar, I will tell you, this doth
Having ſeen me, I could not
not at all concern the Jury; but this ſhrink from thein for fear of my own
Circumſtance poſſibly may be conſidered Deſtruction; and thereupon I did
in another place.
and did that which I have confeffed to
Garland. I refer myſelf, whether you your Lordſhip, not out of any Ma-
be ſatisfied that I did ſuch an inhuman lignity to his Majeſty, I never had any
Act, I ſubmit that to you: I dare ap- Diſreſpect to him in my Life. My
peal to all theſe Gentlemen here, (looka Lord, I did not know which way to be
ing upon the Priſoners,) or any other, ſafe in any thing; without Doors was
whether they ever heard of it, nor was Miſery, within Doors was Miſchief. I
I ever accuſed for ſuch a Thing till a do appeal to all that had any thing to
few Days ſince; but I wave my Plea, do with me,
that I never did any
and refer myſelf to the Court. Now, Wrong to any that was of the King's
my Lord, this is the Truth of my Caſe:
Cafe: Party, but helped them as I was able.
There is that Honourable Gentleman, My Lord, when the Government was
the Speaker of the Houſe of Commons, thus toſſed, and tumbled, and I know
knows I lived in Eſex in the Beginning not what, and the Secluded Members
of theſe Troubles, and I was enforced came into the Houſe, I knew not what
to forſake my Habitation: I came from to do in that Care neither. As ſoon as
thence to London, where I have behaved this Parliament had declared the Treaty,
myſelf fairly in my way. Afterwards, which was the Eighth of May, the
in 1648, I was choſen a Member into Ninth of May I appeared before the
the Parliament ; in June 1648, I came Right Honourable the Lord Mayor of
in a Member of the Parliament. My London, and did claim the Benefit of his
Lord, After the Diviſion of the Houſe Majeſty's Gracious Declaration, and to
by the Inſolency of the Soldiery, ſome become a Loyal Subject, as in my Heart
came to me, and deſired me that I woud I always was; and my Lord Mayor be-
51
Eee
ing
:
202 The TRIAL of the REGICI D E s.
it with you.
ing there, I hope he will teſtify, that ſpeak in the Houſe, (pluck'd me down
as ſoon as I heard of the Proclamation, by the Coat, and he told me) I ſhould
I render'd myſelf according to the Pro. be fequefter'd as a Delinquent; (the
clamation : My Lord, this hath been Name of this perſon I ſhall omit ;) faith
the Carriage of me, being always under he, you will rather looſe your Eſtate
Fear and Force ; I refer myfelf to your than take away the King's Life. I leave
Lordſhip
Simon Meyne. When I was laſt here, James Temple. At the laſt Time, I
my Lord, that I did then ſpeak Not pleaded to the Indictment Not Guilty,
Guilty, was not as to the Matter of fact, but I ſhall now deſire to ſee my Hand,
but my Conſcience telling of me that I and if it be my Hand, I muſt confeſs
had no Malice or ill Intention to his all Circumſtances muſt follow. (The
Majeſty, that was the Reaſon. For Warrants being fewn him,) I do ac-
Matter of fact, I ſhall acknowledge knowledge it is my Hand to both ; I
what I have done, and lye at his Ma never did conſult concerning the Court.
jeſty's Feet for Mercy. I am an igno Council. There are ſome worſe than
rant weak Man in the Law, I will con he; but he is bad enough.
feſs the Fact.
James Temple. I refer myſelf to the
Council. Did you ſign the Warrant King and Parliament; and preſented a
for ſummoning that Court? And did Petition, which was received by the
you fign the Warrant for Execution of Court.
the King ?
Peter Temple. When I was here the
Meyne. I did fit in Court.
the laſt time, I pleaded Not Guilty-
Council. Did you ſign the Warrant the Reaſon was, becauſe there are divers
for Execution :
Things in the Indictment that my Con-
Meyne. My Lord, I knew not of ſcience tells me I am not guilty of; for
the King's bringing up: I never was at I had not a malicious or traiterous Heart
any Committee.
againft the King. To ſave your Lord-
Council. We do not aſk you that: ſhip's Time, I will confeſs what I am
Look upon the Warrant, and ſee if guilty of: I was in the Court, ſat there;
your Hand and Seal be not to it. if I ſee my Hand, I fhall confeſs it.
Meyne. My Lord, it is my Hand. Council. Were you there when Sen-
Council. Then, my Lord, we have tence was given?
done.
Temple. Yes, Sir.
Meyne. My Lord, I acknowledge it Council. Shew him the Warrants;
is
my Hand; by what Importunity, it (which being hewed him) I acknowledge
may be known to fome here: I was very they are my Hand, and refer it to your
unwilling to it:_ I was told, what Fear Lordſhip.
was there when Forty were there before, Council. Mr. Wayte, You heard the
and Twenty was of the Quorum : I was Charge read againſt you, what ſay you
thereupon drawn in to ſet my Hand to to it?
it. My Lord, I never plotted nor con Thomas Wayte. Truly, my Lord,
trived the Buſineſs. There was a Gen when I was here laſt, I pleaded Not
tleman that told me, if I did offer to Guilty ; I humbly deſired then your
Lord,
The TRYAL of the ReĠICIDE S. 203
Lordſhip to hear me a word or two. ſee them in Priſon ; and ſeeing nothing
You promiſed me then I ſhould be would be done, I took my Leave, and
heard; I ſhall deſire to ſpeak for my- made account to ſee them no more, and
ſelf.
went down into the Country, to Leice-
L. C. Bar. God forbid but you ſterſhire. I was ſent for up ſeveral times;
ſhould.
I would not come with Threats, upon
Mr. Soll. Gen. By your Lordſhip’s Pain of Sequeſtration. My Lord, there .
Favour we muſt ſpeak firſt; if he will were Petitions going up and down in
confeſs the Fact, he may ſpeak what he the Country, for bringing the King to
will. Did you fit in the Court ? that Buſineſs, which was againſt my
Wayte. Yes.
Conſcience. I went to Rutlandſhire, I
Council. The Day of Sentence? heard there was ſome things working
Wayte. Yes.
there; I uſed my Intereſt, and I thank
Council. Is your Hand to the War. God I ſtopped it. I came then to Lon-
rant for Execution ?
don, when all theſe Things were de-
Wayte. I know not ; pray let me ſee ſtroyed ; I came to London the Day be-
it. (It was ſlecun bim.) My Lord, I fore the Sentence was given. I went to
confeſs it is like my Hand, but I do not the Houſe (thought nothing) ſome were
remember it.
ſent to the Tower, and I was ſent for to
Council. If you do not acknowledge the Houſe, and my Name was in the
it, it will be proved.
Act, unknown to me; but one fent a
Wayte. Truly, my Lord, I do believe Note in my Lord Grey's Name, that he
it is my Hand.
would ſpeak with me. I went to him,
Council. Then the Jury will not doubt and I ſaid, my Lord, what would you
it.
do with me? Saith he, I did not ſend
Wayte. But I deſire to be heard. I for you ; thereupon Cromwell and Ireton
am loth to trouble you much; I will laid hold on me; faid they, we fent for
tell you how I was brought into this you, you are one of the High Court of
Buſineſs. My Lord, I was a Member Juſtice; no, ſaid I, not I, my Judg-
of that Houſe that erected this Court, ment is againſt it.
ment is againſt it. They carried me to
when the Treaty was in the Iſle of Wight. the Court. When the King deſired to
Immediately after the Army came up, ſpeak with his Parliament, I riſing up,
I was utterly againſt that Act in the one told me I muſt not be heard, for
Houſe. When the Army came up to
the Preſident was to give Judgment ;
purge the Houſe, I was much troubled and ſaid, there was an Order that none
at it; I deſired to know the Charge ſhould ſpeak in Court. Mr. Downes did
they had againſt them. Two or Three move, and they did adjourn the Court,
Days after, I did move, and there were and I was glad I got out; Cromwell
other Gentlemen that did move, to laughed, and ſmiled, and jeered, in the
know what Charge there was. They Court of Wards. I hope your Lordſhip
ſent Word, we ſhould have a Charge in will be pleaſed to conſider, I was no
due Time; we fent, and none came ; Contriver, no Soldier that put the Force
but ſaid we ſhould have it in due Time. upon the Houſe, that erected the Court,
I went to thoſe Worthy Gentlemen to none of the Law-makers, or did any
3
Thing
;
204
The TRYAL of the R eGICIDE S.
Thing maliciouly againſt the King. Council. If you deny the Matter of
My Lord, I was looked upon with an Fact, it muſt be proyed.
evil Eye, for regarding the King's Heveningham. I cannot ſay poſitive-
Friends in the Country. Grey, he told ly; but it may be I might.
me, the King would not die. I hope he Council. Either fay poſitively you did,
will not, ſaid I. The next Day, on or elſe let the Witneftes be called.
Monday, I went to the Houſe, they Heveningham. Truly, my Lord, I
were labouring to get Hands for his Ex- think I did, bus
think I did, be my After-Actions --
ecution at the Door; I refuſed, and L. C. Bar. Mr. Heveningham, that
went into the Houſe; faith Cromwel!, ſhall be conſidered.
thoſe that are gone in ſhall ſet their Council. My Lord, to Sit upon the
Hands, I will have their Hands now. Diy of Sentence was High-Treifon in it
That Night I went to the Lord Grey's, felf, and is an Evidence of Compaſſing
and he ſaid, I am afraid they will put and Imagining the King's Death.
him to Death; I ſaid ſo alſo. My Ilevening ham. I Thail lay hold of
Lord, I have been a great Sufferer, I the Declaration
the Declaration ; I came in upon the
was drawn in, trepann'd into it; ſince Proclamation ; I pray your Lordſhip to
being a Friend to the King's Friends, I intercede for me to the King, and both
have almoft ruined my Eftate; I be- Houſes of Parliament; I pray the Mercy
ſeech your Lordſhip to make the beſt of this Court, .
Interpretation. I hope you will believe L. C. Bar. You of the Jury, they
I was no Contriver; I humbly lay hold have all confeffed, and therefore you
upon the King's Mercy and Favour. I may go together.
came in upon the Proclamation; I pray Simon Meyne. My Lord, I have for-
that this Honourabie Court will prefer got my Petition; it is at my Lodging,
my Petition to the King, and both I deſire I may fend for it at Night.
Houſes of Parliament; which the Court John Downes and Peter Temple prayed
then received.
the like Favour.
William Heveningham. My Lord, in L.C. Bar. Do; ſend them, they ſhall
1648, we were under a Force, under be received.
the Tyranny of an Army; they were The Jury having conſulted together a
our Masters; for a malicious and trai certain Time, they went to their Places.
terous Heart I had not, I do abſolutely Clerk. Are you agreed of your Ver-
deny the Signing the Warrant for Sum dict?
moning the Court; and alſo that War Jury. Yes.
rant for Execution of the King; at the
Clerk. Who ſhall ſay for you?
Time of Sealing I had that Courage and Jury. Our Foreman.
Boldneſs that I proteſted againſt it. Clerk. John Downes. Hold up thy
Council. We do not queſtion him for Hand. -Look upon the Priſoner ;
that, but for Sitting in the High Court How ſay you? Is he Guilty of High-
of Juſtice, and that upon the Day of the Treaſon whereof he ſtands Indicted,
Sentence; do you deny that?
and hath been Arraigned, or Not
Heveningham. My Lord, I cannot Guilty ?
ſay poſitively.
Foreman, Guilty.
Clerk
..
:
:
į
The TRIAL of the Regicides.
205
Clerk. Look to him, Keeper.
to hear me in this fad Condition, that
Clerk. What Goods and Chattels? may make me feem more capable of
Jury. None to our Knowledge. Mercy. I have, my Lord, been ſo
And the like Verdiets at the ſame Time unhappy to have been tranſplanted out
paſſed in the ſame Manner againſt Vin- of my Country theſe Thirty Years; I
cent Potter, Auguftine Garland, Simon have been but once theſe Eleven Years
Meyne, James Temple, Peter Temple,' in England, this muſt needs make me a
Thomas Wayte, and William Hevening. Stranger.
ham.
L. C. Bar. I muſt not hinder you bem
Potter. I hope I may be freed from cauſe it is for Mercy that you plead;
Irons, I am in Pain, and a Man of Bulk. but conſider with yourſelf whether it
L. C. Bar. We can give no Order in will not be better to give it in a Petition:
it, we muſt leave it to the Sheriff. I leave it to you, we can do nothing in
Potter. I beg it of you, my Lord. Point of Mercy but Judgment.
L. C. Bar. We muſt leave it to the Walier. Only this, my Lord, whe-
Sheriff. Mr. Heveningham, you muſt ther I am not the more capable of your
withdraw from the Bar.
Mercy ?
Clerk. Officer, bring down Waller, L. C. Bar. That you may underſtand
Fleetwood, Hacker, Axtell, Hulet, Pen- it, the Act of Indemnity of Parliament
ington, Marten, Millington, Titchburne, hath excepted you ; yet upon fome
Roe, Lilburne, Smith and Harvey, and Qualifications we are to proceed accord-
ſet them to the Bar, which was done ac- ing to Law, that is, to go to Conviction
cordingly.
and Judgment. The Act ſays, that af-
Clerk. Hardreſs Waller, Hold up thy ter Judgment there ſhall be no Execu-
Hand. Thou haft been Indicted, and tion, but that it ſhall be ſuſpended till a
found Guilty of High Treaſon, what further Act of Parliament be paſſed for
canſt thou ſay, why Judgment ſhould that Purpoſe ; ſo that in the mean Time
not paſs on thee to die according to we are to proceed no further than Judg-
Law.
ment. That which concerns Mercy, is
Waller. My Lord, I am now, it referred to another Place. If you pleaſe
ſeems, convicted by Law, and ſo ad to fay any Thing to ſatisfy us, or to go
judged : Your Lordſhip the other Day by way of Petition, it muſt be left to
on my Deſire told me, I might have you ; but what you ſay for Mercy is no-
Liberty to ſpeak upon my Trial, I muſt thing to us.
now beg the like upon a condemned Waller. I humbly thank your Lord-
Perſon.
ſhip for this clear and noble Dealing;
L. C. Bar. You are convicted, not and withal, I would beg that thoſe Peo-
condemned.
ple that are Witneſſes of my Shame and
Waller. My Lord, I was the firſt Guilt, may know that it was a Force and
that pleaded Guilty, I bleſs God that Temptation upon me; I ſhall not inliſt
he gave me a Heart to do it; I find much, I have ſaid, that I did plead
moſt Peace in the doing of it; and ſince Guilty, which was moſt ſafe to my own
there is nothing left but Hopes of Mer- Conſcience ; yet I ſhould make it ap-
cy, I humbly ſubmit it to youLordſhip pear, that I did more to preſerve the
52
Fff
King
206 The TRYAL of the REGICI DE S.
any other
King from Trial and Sentence, than in the Face of the Judge of all Men :
.
That is all I ſhall fay. I render'd my-
Lord Finch. Sir Haidreſs Waller, I ſelf Three Times ; I had as much Op-
kave heard of late of your Sorrow, portunity to make my Eſcape, as any
which I was glad to hear of, becauſe Perſon whatſoever.
you are my Kinſman, both by your Fa L. C. Bar. It is underſtood, Sir Har,
ther and Mother's Side, and alſo my dreſs.
Countryman; I was glad to hear of that Clerk. Ifaac Penington, Hold up thy
great Penitence for that horrid Crime, Hand. Thou art in the fame Condition
and I would have been glad to have ſeen as the former, What canſt thon ſay for
it now; adviſe with yourſelf, whether thyſelf, why Judgment, &c?
you do yourſelf any Good in ſpeaking to Penington. My Lord, I have ſaid
extenuate, when you know there is no what I have to ſay, and ſhall not
Man againſt whom there are ſuch Cir- trouble your Lordſhip any farther.
cumſtances of Aggravation, as againſt Clerk. Henry Marten, Hold up thy
you; conſider whether a publick Peni- Hand. What canſt thou ſay for thyſelf,
tence would not be more proper. why Judgment, &c
Waller. I beſeech you report me both Marten. I claim the Benefit of the
to his Majeſty, and Parliament, and re Proclamation.
ceive me into your Grace, as being Pe Clerk. Gilbert Millington, Hold up
nitent, truly Penitent: To ſay ſo now thy Hand. Thou art in the fame Con.
were a ſmall Thing, for the Fear of the dition, What canſt thou ſay for thyſelf,
Puniſhment may procure it; but I have why Judgment, &c?
been more Penitent, when no Eye hath Millington. I ſhall not trouble you
ſeen me but God; when I never imagi- with long Diſcourſes; I ſhall ſay no
ned to be queſtioned for this Sin, then more but this, I have made a publick
my Heart hath yearned in the Buſineſs; Reſentment of my Sorrow for this Of-
but I ſhall not trouble your Lordſhip. fence formerly, and many times. I
God holds forth Mercy, his Majeſty ſhall now deſire no more, but humbly
holds forth Mercy, the Parliament holds beg that I may have the Benefit of the
forth Mercy. My Lord, let me ſay Proclamation, and pray his Majeſty's
ſomething to you (though it be but a moſt gracious Pardon.
Word,) of the Violence and Force of Clerk. Robert Titcbburne, Hold up
Temptation ; you may have been under thy Hand. Thou art in the fame Con-
it, or may come to it; Chriſt himſelf dition, What canſt thou ſay for thyſelf,
was under it; we find that faithful Abra- why Judgment, &c?
bam, by the Power of a Temptation, Titchburne. My Lord, I will not
his Wife to commit Adul- trouble you with any Repetitions,
I
tery, which ſcarce a Heathen would: have made my humble Requeſt before,
We find that valiant Peter denied his I leave it with you.
Maſter : Righteous Lot committed In Clerk. Owen Roe, Hold up thy Hand.
ceſt. None abhors this Fact more than Thou art in the ſame Condition, What
I do; I have done it ſo long before- caſt thou ſay for thyſelf, why Judg.
hand, I need not be afraid to ſpeak is ment, & c.
Roc,
3
ܕܽ
The TRYAL of the REGICIDB S. 207
Roe. My Lord, I have no more Garland. I humbly deſire your Lord-
to ſay than I ſaid before.
ſhip’s charitable Opinion of me, not-
Clerk. Robert Lilburne, Hold up thy withſtanding what has been objected
Hand. Thou art in the ſame Condi- againſt me, I refer myſelf to the Parlia-
cion, What canft thou ſay for thyſelf, ment.
why Judgment, &c?
Clerk. George Fleetwood, Hold up
Lilburne. I ſhall refer myſelf without thy Hand. Thou art in the ſame Con-
further Trouble to the Court; my Lord, dition, What canſt thou ſay for thyſelf,
I beg the Benefit of the Proclamation. why Judgment, &c.
Clerk. Thomas Wayte; Hold up thy Fleetwood. I have already confeſſed
Hand. Thou art in the fame Condition, the Fact, I wiſh I could expreſs my
What canſt thou ſay for thyſelf, why Sorrow ; and wept.
Judgment, &c?
Clerk. James Temple, Hold up thy
Wayte. I can declare no more than Hand. Thou art in the ſame Condition,
what I have ſaid already; my Heart is What canſt thou fay for thyſelf, why
ſorry for what I have done; I beg the Judgment, &c?
Benefit of the Proclamation.
7. Temple. My Lord, I can ſay no
Clerk. Edmund Harvey, Hold up more ; I beg the Benefit of the Procla-
thy Hand. Thou art in the ſame Con- mation.
dition, What canſt thou ſay for thyſelf, Clerk. Simon Meyne, Hold up thy
why Judgment, &c?
Hand. Thou art in the fame Condition,
Harvey. My Lord, I have no more What canſt thou ſay for thyſelf, why
than what I have ſaid before.
Judgment, &c?
Clerk. John Downes, Hold up thy Sim. Meyne. I have told you before,
Hand. Thou art in the ſame Condition, my Lord, I have no more.
What canſt thou ſay for thyſelf, why Clerk. Peter Temple, Hold up thy
Judgment, &
Hand. Thou art in the fame Condition.
Downes. I ſhall not trouble you any What canſt thou ſay for thyſelf, why
further, I ſhall deſire the Benefit of his Judgment, &c?
Majeſty's Proclamation.
P. Temple. I came in upon the Pro-
Clerk. Vincent Potter, Hold up thy clamation, and I humbly beg the Bene-
Hand. Thou art in the ſame Condition, fit of it.
What canſt thou ſay for thyſelf, why Clerk. Francis Hacker, Hold up thy
Judgment, 8c
Hand. Thou art in the famne Condition,
Potter. My Lord, I do not know What canſt thou ſay for thyſelf, why
Law, I underſtand it not ; I am not in Judgment, &c?
a.Condition to ſpeak what I would have Hacker. My Lords, I have nothing
willingly ſpoke; I deſire that God to ſay, but what has been before your
would
have Mercy, and I look for Mercy Lordſhips.
from God; and wept.
Clerk. Daniel Axtell, Hold up thy
Clerk. Auguftine Garland, Hold up Hand. Thou art in the ſame Condi-
thy Hand. Thou art in the ſame Con- tion, What canſt thou ſay for thyſelf,
dition, What canſt thou fay for thyſelf, why Judgment, &c?
why Judgment, &c?
Axtell. May it pleaſe your Lord-
ſhips,
2
208
The TRIAL of the REGICIDE S.
go on.
ſhips, my Caſe differs from the reſt of give you the Judgment of the Lords
the Gentlemen.
and Commons, concerning the Statute
L. C. Bar. I would be loth to hin- in relation to my Caſe ; I ſay the Statute
der you; but I muſt tell you, that was miſtaken, or not purſued.
what hath been over-ruled, muſt not be L. C. Bar. That was offered before,
fpoke to: If you have any Thing a Sir, as to the Matter of it.
gainſt the Indictment, Matter of Law, Axtel. My Lord, I think not, I am
miſtaken if it were.
Axtell. I have one Thing more that L. C. Bar. Then open it.
I did not then mention.
Axtell. My Lord, I do not find in
L. C. Bar. If it terd not as an Ex that Statute, that Words are an Overt-
ception to the Indictment, it is not to act, Words only.
be heard.
L. C. Bar. This was over-ruled. The
Axtell. My Lord, then I ſhall apply Things that you objected were theſe,
myſelf to that Point: I humbly con That there is not any Overt-act that is
ceive, my Lord, that my Overt-Acts laid that could be applicable to your
were not ſufficiently fet down in the In- Caſe; if it were not particularly appli-
dictment, as might be ſufficient in Law cable (you are found Guilty by the Jury,)
to Attaint me of High-Treaſon; I do it would be nothing : But there is an
not remember that the Overt-Act that Overt-act, you were preſent at the
was applied to me in Evidence was Court, beating the Soldiers, ſending for
charged in the Indictment; I have on an Executioner : But for Words, if one
ly that Exception, becauſe of the Inſuf Man ſhould ſay, here is the King, go
ficiency of that point. In the next and kill him, this is Treaſon ; but you
Place, my Lord, there is not the right were guilty in all according to Law.
Additions to my Name; there are many You being there, and doing this, you
Perſons of the ſame Name; I am ar were not guilty only of the Words, but
raigned by the Name of Daniel Axtell of all that was done; there is none but
of Weſtminſter, in the County of Mid- Principals in Treaſon. What we ſay
dleſex, Gentleman. I think none knew and do to you, we well know we muſt
me to live there, and inhabit there. anſwer before God Almighty for it.
L.C. Bar. I would not interrupt you, Axtell. I have but one Word more!
this is paft; you ſhould have made your Truly, I do appeal to God, before
Exception to that as Maſter Marten did whom I ſhall have another Trial, I do
before concerning his Name; that ſhould not find myſelf Guilty either of Conful-
have been firſt done ; you have appear- ting, Contriving, or having a Hand in
ed and pleaded to that Name, and it the Death of the King; I am inno-
was, late of Weſtminſter.
cent, and I pray God that my Innocent
Axtell. My Lord, I have this to Blood
ſpeak in Arreſt of Judgment, that the L. C. Bar. Pray, Sir
Indictment being grounded upon
that Axtell. May not cry
Statute of the Twenty-fifth of Edward Lord Cb. Bar. You are now to fpeak
the Third, it is either miſtaken, or not in Arreſt of Judgment.
purſued : My Lords, I did Yeſterday Axtell. I have no more ; I pray your
Lord-
The TRYAL of the REGICI D B S. 209
Lordſhip's Favour and Mercy to me. the Way and Means to it, in that you
Clerk. William Flulet, alias Houlet, brought his Head to the Block, though
Hold up thy Hand. Thou art in the you did not cut it off. You are here in
fame Condition, What canſt thou fay Three Sorts, and I muſt apply my
for thyſelf, why Judgment, &c? Words accordingly; and truly I do it
Hulet. Truly, my Lord, I have with as much Sorrow of my Heart as
little further to ſay, if you had been you have, many of you being Perſons of
pleaſed to give me further Time I ſhould liberal Education, great Parts ; I fay
have cleared myſelf; I call God above you are of Three Sorts. There are
to witneſs upon this Account that I am fome of you that though the Judgment
as clear as any Man: I ſubmit to the of Death is to paſs againſt you, by his
Mercy of the Court.
Majeſty's Grace and Favour, and the
L. C. Bizr. For that I do, (but can. Mercy under him, of the Two Houſes
not poſitively ſay it,) that at your Re: of Parliament, Execution is to be ful-
queſt (notwithſtanding the Judgment pended until another Act of Parliament
will paſs againſt you) there may be fome ſhall paſs to that Purpoſe; that is, all
Time till his Majeity's Pleaſure be known of you but Three: For thoſe Three,
before any Execution will be upon that the one of them that was laſt called,
Judgment againſt you, in the mean William Heveningham, he is in another
Time we muſt proceed according to Capacity too ; for I preſume ſome Time
Law and Juſtice.
will be given to him to conſider of ſome-
thing relating to him, before any Order
Proclamation for Silence whilſt Judg. will be given for his Execution; there
ment is giving
are Two ochers of you, and that is Da-
niel Axiell and Francis Hacker; and for
you, as it yet ſtands before us, there is
The Lord Chief Baron's SPEECH no Mercy, there is no Room for it:
before the Sentence pronounced ſes, yet what I ſhall ſay will concern
But though you be in theſe ſeveral Claf-
againſt the aforenamed Pri- you all, becauſe I do not know how it
Joners found Guilty.
will fall with you; none of us knows
how ſoon we may come to our Deaths ;
ſome, probably, ſooner than others ;
OU that are the Priſoners at the all muſt come to it: You are now before
Bat, you ſtand here in ſeveral the Tribunal of Man, but that is for
Capacities, yet all of you Perſons con- Judgment for your Offence here, but
victed of the deteftable and execrable there is another Judgment hereafter, and
Murder of our Sovereign Lord King a Tribunal before which both you and
Charles the Firſt, of Blefred Memory. we muſt ſtand, every Man here, and
Miſtake me not, I do not fiy, that you we inuit receive according to our Work;
are all of you guilty of executing the thote that have done ignorantly,
Faci, but in L1, and in Conſcience, furious and unfeigued Repentance God
(pro tento, though not pro toto,) you are Almighty may ſhew Mercy unto them.
guilty of it, in that you have prepared He hath referved Mercy even for the
53
greateſt
7
Y.
by
G
3
ZIO The TRYAL of the R&GICI DE S.
:
greateſt offenders
. St. Paul himſelf, giance and Supremacy, and to add to
when he perfecuted Chriſt ignorantly, this chat Obligation which all this whole
upon his Repentance he found Mercy: Nation did oblige themſelves to by the
Thoſe of you, that are not yet con Parliament, without Queſtion then right-
victed in your Conſciences, of the Foul- ly repreſented, and in being, the firſt
neſs of this horrid Fact, look into your of King James ; whereby to Thew you,
Conſciences a little more, and ſee if it that not only Perſons, but the Body Po-
be not a great Judgment for your for- litick of the Nations, not only the ſingle
mer Offence, 'that you ſhould be given Members, but the Members in both
over to a reprobate Senſe; let me tell Houſes of Parliament, were Loyal and
you, a feared Conſcience, a bold Con Obedient Subjects to the King, their
fidence, not upon good Grounds, is fo Head, even to yield a Natural and
far from ſecuring the Conſcience, it may Humble Obedience and Allegiance. I
ftifle perhaps the Mouth of Conſcience, told you the Act of 1. King James,
but it will riſe up more in Judgment when King James came firſt into Eng-
againſt you. Here you have made your
have made your land, We the Lords and Commons repre-
Defence, and I do not blame you for ſenting the wbole People of the Nation;
it; Life is precious, but remember the (the very Words of the Act are ſo, pri-
Thoughts of your Hearts are open; whe mo Jacobi, Chap. 1.) Repreſenting the
ther you did it ignorantly, covetouſly, whole Body of the Nation, do acknowledge
or to get the Government into your an Humble Natural Liege Obedience to
own Hands, that I am not able to ſearch the King as Supreme, bis Heirs and Suc-
into, God and you only know that; ceſſors; and in the Name of themſelves,
give me leave to ſay ſomething, per and all the People, humbly ſubmit them-
haps I have repeated it by Parts before: ſelves until the laſt Drop of their Blood be
God is my Witneſs what I ſpeak I ſpent in Defence of the King and his Royal
ſpeak from mine own Conſcience, and Poſterity. And therefore they did oblige
that is this, Gentlemen, becauſe I ſaw themſelves, and all the People of Eng-
it ſtuck with ſome of you, that is, that land, as far as they could repreſent them,
whatſoever the Caſe was, that by the (the Words are more full than I can ex-
Laws of theſe Nations the Fundamental preſs them,) and indeed it is fo dark I
Laws there could not be any coercive cannot read them: They did acknow-
Power over your King. I ſpeak it a ledge to be bound to him and his Impe-
gain, becauſe I would as near as I could rial Crown. Remember theſe were not
1peak the whole Truth, and would not Words of Compliment ; you ſhall find
millead any Man in ſuch a Cafe: Re- they all of them, and ſo did ſo many
of
member that no Power, no Perfon, no you as are Menibers of Parliament, yea,
Community or Body of Men, (not ibe Peo- all of you, before you came into the
ple either Collectively or Repreſentatively,) Houſe of Commons, did take the Oath
bave any Coercive Power cver the Perſon of Allegiance, which was made after
of the King by the Fundamental Laws: this Recognition, the Third and Fourth
For that, Gentler:en, I ſhall begin to of King James, or otherwiſe were not to
ſhew you that which all of you might be Members. What was that Oath of
feinember, that is, your Oaths of Alle Allegiance that you took ? It was, that
you
The TRYAL of the ReGICIDE S.
ZIT
1.
you ſhould defend the King, his Perſon, Time of King Charles, they acknow.
(that is, in 3 Jacobi, Chapter the ledged him to be their Liege Sovereign;
Fourth) his Crown and Dignity: What I ſay, that word Supreme, and ſo the
was it? Not only againſt the Pope's word Imperial Crown, is in the firſt of
Power to depoſe, but the Words are, Queen Elizabeth, the 3d and the 8th
or otherwiſe ; look into the Act, and re of Elizabeth, the 24th of Henry the 8th.
flect upon your Conſciences, and you cap. 12, there it is ſaid, this Kingdom
fhall find that all did ſwear to defend is an Imperial Crown, ſubječt to none but
the King, his Crown and Dignity; and God Almighty. Before theſe Times, you
there it is called, Imperial Crown. I ſhall find in the 16th of Richard the Se.
would have you lay this to Heart, and cond, the Statute of Præmunire, the
ſee how far you have kept this Oath : Crown of England ſubject to God alone.
Gentlemen, in the Oath of Supremacy, I will go higher; William Rufus, (ſome
which you all took therein, you did fur- of you are Hiſtorians, and you ſhall
ther acknowledge, that the King was find the ſame in Eadmerus, and alſo in
the only Supreme Governor of this Matthew Paris, ſhortly after William
Realm: Mark the Words, I will repeat Rufus his Time, when he wrote to the
them, that you may lay it to Heart; Pope, he challenged, and had the fame
you that have more Time to apply it to Liberty in this Kingdom of England, as
your Fact ; and you that have leſs Time,
that have leſs Time, the Emperor had in his Empire ; (mi-
for ought I know, you have Reaſon to ſtake me not, I ſpeak only as to the
conſider what I have to ſay ; you ſware Perſon of the King,) I do not meddle of
then, that the King by the Oath of Su. Rights between the King and Subjects,
premacy, which all you have taken, or or Subject and Subject: You ſee in this
ought to have taken ; if any of you have Caſe concerning the Death of his Maje.
not taken it, yet notwithſtanding you ſty's dear Father, and our Bleſſed Sove-
are not abſolved from the Obligation of reign, of happy Memory, he doth noc
it : But moſt of you did take it; there judge himſelf, but according to Law >
you did ſwear that the King is the only that which I affert is as to the Perſon of
Supreme Governor of this Realm ; and the King, which was the Privilege of
you ſware there, that you would defend Emperors, as to their perſonal Privile-
all Juriſdictions, Privileges, Preeminen- ges; if he had offended, and committed
ces and Authorities, granted or belong an Offence, he was only accountable to
ing to the King's Highneſs, his Heirs God himſelf. I will come back to what
or Succeffors, or united and annexed I have ſaid ; you ſwore to be faithful to
unto the Imperial Crown of this Realm. the King as Supreme. The King of Po-
For the firſt, If the King be Supreme, land hath a Crown, but at his Oath of
then there is no Co-ordination. Non Coronation it is conditioned with the
babet Majorem, non babet Parem ; that People, That if he ſhall not govern ac-
Word (Imperial Crown) is at leaſt in cording to ſuch and fuch Rules, they
nine or ten leveral Statutes; it is the very ſhall be freed from their Homage and
Word in this Act that was made lately Allegiance. But it differs with our
in p:ırſuance of former Acts concerning King, for he was a King before Ouh.
Judicial Proceedings. And ſo in the The King takes his Oath, but not upon
5
any
212
The į
TRYAL of the Re'GICIDE S.
any Condition : This I ſhew you, to Books, he faith, That as to the Legality
let you ſee that we have no coercive of his Crown, he is immediately ſubjezt
Power againſt the King. The King of unto God. Mark the Doctrine of the
England was anointed with Oil at his Church of England, the laſt but one or
Coronation ; which was to Thew that two, it is that Article which fets forth
Abſolute Power. (I do not fay of Govern the Doctrine of the Church of England;
ment, but) of being accountable to God they ſay, that the Queen, and fo the
for what he did. The King doth no In- King, hath the Supreme Power in this
jury to any Man ; not but that the King Realm, and hath the chief Government
may have the Imbecilities and Infirmi over all the Eſtates of the Realm ; the
ties of other Men, but the King in his very Words are ſo; this was ſhortly af-
fingle Perſon can do no Wrong: But if ter making the Act ; the Articles were
the King command a Man to beat me, in 1552, and ſhe came in 1558, or in
or to diſſeize me of my Land, I have 1559; it is to ſhew you the King hath
my Remedy againſt the Man, though the chief Government over all the
not againſt the King.. The Law, in all Eſtates within the Nation; and if you
Caſes, preſerves the Perſon of the King look upon it, you ſhall find it was not
to be untouched ; but what is done by only the Judgment of the Church, but
his Miniſters unlawfully, there is a Re- of the Parliament at the fame time.
medy againſt his Miniſters for it; but They did confirm this Article ſo far,
in this Caſe, when you come to the Per that they appointed that no Man ſhould
ſon of the King, what do our Law-Books take, or be capable of a Living, but
ſay he is? They call it, Caput Reipub- thoſe that had taken that Oath. God
lica, Salus Populi, the Lieutenant of forgive thoſe Miniſters that went againſt
God; and let me tell you, there was it. The Queen, and the Church, were
never ſuch Blow given to the Church of willing that there ſhould be put into
England, and the Proteſtant Religion. Latin, that all the World might fee
There was a Caſe, and that of the Spen the Confeſſion of the Church of Eng.
Cers; you ſhall find in the 7th Report lond, and of the People of England:
of the Lord Coke, in Calvin's Cafe, that You may read it in Camden. I have
Homage is due to the King in his Poli- told you how, and wherein, the chief
tick Capacity; and then they made this Power conſiſted ; not in reſpect the
damnable Inference, That therefore if King could do what he would ; no, the
the King did not demean himſelf as he Emperors themſelves did not challenge
ought, that he ſhould be reform’d per that; but this they challenge by it, that
ofperter, by Afperity, Sharpneſs, or they were not accountable to Man fer
Impriſonment. Buc there were con what they did. No man ought to touch
demned by two Acts of Parliament in the Perſon of the King : I preſs it to you
Print, that they could not do that even in Point of Conſcience : You ſee in the
in that Caie ; one was called the Baniſh- Scripture, in Pſalm 51. the Pſal:il of
mnt of Hugh Spercer ; and the other is 'Mercy, whereby we atk Pardon of God
in i Edward 3. upon the Roll. My for our great Ofences; I think none of
Malters, In the firſt of Flinry the 7th, you in this Condition but will join in
you fhill find it in the priated Seven this: You know the Adultery and Mur-
der
2
..
.
Tlse TRYAL of the ReGICIDE S. 213
der that David committed ; this Peni Friday, Otober 19. 1660.
tential Pſalm was made for that: What
doth he ſay? Againſt thee, thee only Set William Heveningham to the Bar.
have I finned, &c. tibi foli peccavi, De-
mine ; not becauſe he had not finned Serj. Keeling. May it pleaſe your
againſt Man, for 'tis plain, he had ſin- Lordſhip, the Priſoner at the Bir,
ned both againſt Bathſheba and Uriah William Heveningham, hath been indict-
too ; but becauſe he was not liable to ed of High Treaſon, for Compaſſing
the Tribunal of Man ; he was not bound and Imagining the Death of the late
nor accountable to any Man upon Earth. King, of Bleſſed Memory; he has been
And now, my Maſters, I beleech you tried, the Jury has found him guilty:
conſider, that ſome of you for ought I. I do humbly move your Lordſhip in the
know ſuddenly, and ſome of you for · Behalf of the King, that you will pro-
ought I know not long after, all of us ceed to Judgment.
we do not know how ſoon, muſt come Clerk. William Heveningham, Hold
to make a right Account to God of what up thy Hand. What canſt chou ſay for
we have done After this Life you enter thyſelf, why Judgment, &c?
into an Eternity of Happineſs or of Heveningham. My Lords, I have no-
Woe: God Almighty is merciful to thing more to ſay than I ſaid formerly,
thoſe that are truly penitent; the Thief only I plead the Benefit of the Procla-
upon the Croſs, and to all that are of a mation, and caſt myſelf upon the Mercy
penitent Heart. You are Perſons of of our moſt Gracious Sovereign, and
Education, do not you go on in an ob- deſire your Lordſhips to be Mediators
ftinate perverſe Courſe for Shame of Men;
on my Behalf.
even this Shame which you now have, L.C. Bar. By the Act of Indemnity
and which you may have when you come
you come (of which you claim the Benefit, and
to dye, a ſanctified Uſe may be made of we ought to take notice of it) we are to
it; you pay to God ſome Part of that proceed to Judgment ; but no Execu-
Puniſhmegt which you owe to him for tion of this Judgment is to be, until by
your Sins. I have no more to ſay, but another Act of Parliament, by Conſent
the next thing I have to do, is to give of the King it ſhall be order'd. And
the Sentence, the Judgment, which therefore I need not ſpeak any more of
truly I do with as unwilling a Heart as that, or any Exhortation to prepare
you do receive it. You Priſoners at the yourſelf for Death ; our Work is only to
Bar, the Judgment of the Court is this, give Judgment. The Judgment of the
and the Court doth award that, & c. and Court is this, and the Court doth award,
the Lord have Mercy on your Souls. That you the Priſoner at the Bar be led
back to, &c. and the Lord have Mercy
.
Court adjourned till Friday Morning Se-
ven a-Clock.
upon your Soul
.
:!
54
Hhh
THUS
#
214
The TRIAL of the REGICI DE S.
TH
Top of the South Eaſt End of Weſtmin.
ſter-Hall, looking towards London. The
Quarters of his Body are in like manner
expoſed upon ſome of the City Gates.
HUS having given the Reader a Monday following, being the 15th of
moſt Impartial View of every OEtober, about the fame Hour, Mr.
Paſſage occurring in this fo ſolemn and John Carew was carried in the like man-
legal Indictment, Arraignment, Trial, ner to the fame Place of Execution ;
and Condemnation of theſe Twenty- where having ſuffered like Pains, his
nine Black Regicides, with their ſeveral Quarters were alſo returned to Newgate
Pleas and Defences in their own Words; on the fame Hurdle which carried him,
it may be alſo fome additional Satisfac His Majeſty was pleaſed to give, upon
tion, to let the Reader know the Time Interceſſion made by his Friends, his
and Manner of the Death of ſuch of Body to be buried.
them, who were according to the Sen Tueſday following, being the 16th of
tence executed. For their laſt Diſcour- Etober, Mr. John Coke, and Mr. Hugb
ſes and Prayers, as they were made in Peters, were about the ſame Hour car-
a Croud, and therefore not poſſible to ried on two Hurdles to the fame Place,
be taken exactly; ſo it was thought fit and executed in the ſame manner, and
rather to ſay nothing, than give an un their Quarters returned in like manner to
true Account thereof; chuſing rather to the Place whence they came. The
appear lame, than to be ſupported with Head of John Coke is ſince ſet on a Pole
imperfect Amiſtances.
on the North-Eaſt End of Weſtminſter-
On Saturday the 13th of O&tober, 1660 Hall, (on the Left of Mr. Harriſon's)
betwixt Nine and Ten of the Clock in looking towards London ; and the Head
the Morning, Mr. Thomas Harriſon, or of Mr. Peters on London Bridge. Their
Major-General Harriſon, according to Quarters are expos’d in like manner
his Sentence, was upon a Hurdle drawn upon the Tops of ſome of the City
from Newgate to the Place called Cha Gates.
ring-Croſs, where within certain Rails Wedneſday, Otober 17. about the
lately there made, a Gibbet was erected, Hour of Nine in the Morning, Mr.
and he hanged with his Face looking Thomas Scot and Mr. Gregory Clement
towards the Banqueting-Houſe at White were brought on ſeveral Hurdles; and
ball, (the Place where our late Sovereign about one Hour after, Mr. Adrian Scroop
of Eternal Memory was ſacrificed ;) be- and Mr. John Jones together in one
ing half dead, he was cut down by the Hurdle were carried to the ſame Place,
common Executioner, his Privy Mem- and fuffered the fame Death, and were
bers cut off before his Eyes, his Bowels returned, and diſpoſed of in like man-
burned, his Head fevered from his Body, ner..
and his Body was divided into Quarters, Mr. Francis Hacker and Mr. Daniel
which were returned back to Newgate Axtell were on Friday the 19th of Osto-
upon the fame Hurdle that carried it. ber, about the ſame time of the Morn-
His Head is ſince ſet on a Pole on the ing, drawn on one Hurdle from New-
::
gate
5
The TRYAL of the ReGICIDE S.
215
gate to Tyburn, and there both hanged. this is out of his great Loving-kindneſs
Mr. Axtell was quartered, and returned and Faithfulneſs, and my God is Allfuff-
back, and diſpoſed as the former ; but cient in all Conditions. And alſo foon
the Body of Mr. Hacker was by his after his coming into the Dungeon, in
Majeſty's great Favour given entire to order to his Execution, a Woman be-
his Friends, and buried.
longing to the Goal, who was ſent to
make clean the Room, and to make a
Fire for him, was aſk'd, when ſhe came
紫​紫​紫​灣​婆婆​紫​紫​装
​out, by divers People, (whereof ſome
were Scoffers) how the Major General
Some Occaſional Speeches, and behaved himſelf, and what he ſaid.
Memorable Pallages of Ma- what he had done to deſerve to be there,
jor-General Harriſon's after buc fure ſhe was that he was a good
his coming to Newgate : there before, for he was full of God,
Man, and that never ſuch a Man was
With his Speech upon
upon the there was nothing but God in his
Ladder.
Mouth ; fo that it would have done any
one good to have been near him, or
with him ; and his Diſcourſe and Frame
THE Day of his coming to New of Heart would melt the hardeſt of their
gate from the Tower, at Night he Hearts.
ſent his Wife word, that that Day was Some time after he was put into the
to him as his Wedding day.
Hold, chree Miniſters of the City were
When the Sentence was pronounced, fent by the Sheriff to diſcourſe with him.
he ſaid, Whom Men have judged, And their Diſcourſe was to endeavour
God doth not condemn; bleſſed be the to convince him.
Name of the Lord.
Firſt, Of being Guilty of the King's
And as he was carried away from the Blood.
Court through the Croud, the People Secondly, OF Mr. Love's Death,
ſhouted and he cried, Good is the Lord Thirdly, Of breaking the Old Parlia-
for all this; I have no Cauſe to be aſha
med of the Cauſe that I have been engaged Fourthly, of being looſe in Family
in. Some Friends aſk'd him how he Duties, and the Obſervation of the
did ? he anſwer'd, Very well; and I Lord's Day.
cannot be in a better Condition, if I bad Fifthly, Of the Juſtneſs of this Thing
the Defires of my Heart: We muſt be wil. that was upon him, by reaſon of his Ini..
ing to receive hard Things from the Hand quity.
of our Father, as well as eaſy Things. To which he anſwered, As to the
When he came to Newgate, there were Blood of the King, I have not in the
Chains put upon his Feet; and he ſaid, leaſt any Guilt lying upon me 7 for I
Welcome, Welcome : Oh, this is nothing have many a time fought the Lord with
to what Chriſt bats undergone for me ; Tears, to know if I have done amiſs in
ment.
iri
216 The TRYAL of the REGICIDE's.
It; but was rather confirmed, that the to Diſorder, I went to the Speaker, and
Thing was more of God than of Men. told him ; Sir, ſeeing things are brought
And beſides, what I did, I did by Au to this paſs, it is not requiſite for you to
thority of Parliament, which was then ſtay there; he anſwered, he would not
the only lawful Authority ; for God come down unleſs he were pulled out ;
owned it by pleading their Cauſe, and Sir, ſaid I, I will lend you my Hand,
fighting their Batcels for them; the and he pntting his Hand into mine,
Lord's People owned it by rejoicing in came down without any pulling, ſo that
it, and praying for it; the Generality of I did not pull him. Indeed, afterwards
People both in England, Scotland and I was glad the Thing was done, for
Ireland, owned it, by yielding Obedience did ſee they did intend to perpetuate
to it; Foreign Princes owned it, by themſelves, without doing thoſe deſir.
ſending their Ambaſſadors; therefore it able Things which were expected and
was rather the Act of the Parlianient, longed for by the Lord's People ; and
than ours, that were their Servants. He apprehending that God had done his
declared that he was very tender of the Work by them, and that he had ſome
King, inſomuch that the King himſelf more worthy Perſons to come upon the
did confeſs, that he found him not ſuch Stage; the Lord is my Witneſs, that I
a Perſon as he was repreſented to him had no ſelf-end in that Action, but it
(when he was brought out of the Iſle of was out of the Integrity of my Heart as
Wight) and that he had ſome ſkill in to the Lord. Afterwards, when Crom-
Faces, ſo that if he had but ſeen his wel and his Party did ſet up themſelves
Face before, he ſhould not have har- in their Room, I abhorred them and
boured ſuch hard Thoughts of him. their Ways, and ſuffered Impriſonment,
Secondly, As to Mr. Love's Death, I by reaſon I would not join with them
was in Scotland when he was con- in that Iniquity, and go againſt my
demned, and had no Hand in it in Conſcience ; there is nothing of this alſo
the leaſt. They deſired to know if he that lies 'as Guilt upon me.
did not ſay then, That if a godly Man Fourthly, Concerning Family Duties,
so tranſgreſs, as to bring himſelf under and the Obſervation of the Lord's Day ;
the Condemnation of the Law, it were not there ſtands my Servant, let him ſpeak
a juſt Thing for him to ſuffer for his Sin. to it, for he hath lived with me about
He told them, that he did not remem this Eight Years.
ber that he did ſay ſo: But then ſaid, If The Servant anſwered, That thoſe Re-
a godly Man did ſo tranſgreſs a righteous ports were very falſe ; for his Maſter
Law, he ought to ſufer as another was a Man in a manner wholly devoied
Man.
to religious Exerciſes, very frequent in
Thirdly, The breaking of the Parlia- Prayer, and diligent in expounding the
ment was the Act and Deſign of Gene. Scriptures, to the great Comfort and Con.
ral Cromwel, for I did know nothing of folation of his whole Family, and that he
it; that Morning before it was done, he was very zealous in obſerving the Lord's
called me to go along with him to the Day.
Houſe; and after he had brought all in Fifly He ſaid, that the Lord's Spi-
rit
.
More
The TRIAL of the RegiCÍ D E s.
217
;
rit did witneſs with his Spirit, that all He parted with his wife and Friends
his Sins were done away by Jeſus Chrift with great Joy and Chearfulneſs, as he
and that he had Peace with God, and did uſe to do when going ſome Journey,
was aſſured that this was not come upon or about ſome Service for the Lord.
him for his Iniquity.
He told his Wife he had nothing to
They diſcourſed of many other leave her but his Bible ; but that he was
Things, but theſe were the chiefeſt, ſo aſſured that God would make up all her
far as one then preſent could afterwards Loſſes in due time, and deſired that
remember. He parted very ſweetly and thoſe that did love him, ſhould manifeſt
lovingly with the ſaid Miniſters; and their Love, in being loving and tender
they told him that they came then by to his dear Wife.
the Deſire of the Sheriff, but that they Some Paffages at the Dungeon-door
would willingly come again upon a as he came forth. The Sheriff com-
Chriſtian Account.
manding the Keeper to acquaint Mr.
Many Friends came to viſit him
to viſit him Harriſon he muſt go to ſuffer the
whilſt he was in that Place, and found Keeper came forth, and returned An-
him full of the Joy of the Lord; ſo that ſwer, that he was ready when he pleaſed.
ſome apprehended he was cloathed with Then the Sheriff commanded the Keeper
the Spirit of the Lord.
to fetch him forth; ſo he came forth
The Sheriff came that Morning that immediately, ſooner than was expected;
he was to die, and told hiin, that in (running down the Stairs with a ſmiling
Half an Hour he muſt be gone : He Countenance ;) by reaſon of his ſudden
anſwered, that he was ready, and would coming, the Door (that he was to go
not have him ftay at all on his Account, up a Pair of Stairs at) was not opened,
But the Sheriff left him to ſtay a little which occaſioned his ſtay in the Hall,
longer ; and in the mean time, he was till the Keeper could be found. - And
longing for the Sheriff's coming, and there one Mrs. M. took him by the
as his Friends judged, he was in haſte to Hand, and ſaid, with a loud Voice,
be gone, and ſaid, he was going about Bleſſed be the great God of Hoſts, that
a great Work for the Lord that Day, bath enabled you, and called you forth to
and that his Support was, that his Suf bear your Teſtimony ; the God of all Grace
ferings were upon the Account of Jeho and Peace be with you, and keep you
vah the Lord of Hofts. He ſaid, he faithful to the Death, that you may receive
looked upon this as a clear Anſwer of a Crown of Life. With that, one of
his Prayers; for many a Time, ſaid he, the Officers pulled the Woman away by
have I begged of the Lord, That if he the Shoulder, ſaying, Away with this
had any hard Thing, any reproachful Woman, ſhe ſtands prating here. But
Work, or contemptible Service to be the Major-General replied, Be not of-
done by his People, that I ſhould be fended with her, ſhe ſpeaks Scripture
employed in it. And now, bleſſed be Language: So they thruſt her away
the Name, of God, who accounteth ne from him, and would not permit any to
worthy to be put upon this Service for my ſpeak moré to him in that Place. Then
Lord Chriſt : Oh, this is nothing to what he ſpake, ſaying, I bleſs the Lord that
Cbrift hath ſuffered for me!
bath called me forth, and bath enabled me
55
lii
in
218
The TRIAL of the REGICI D E s.
in the Power of his Strength, to offer my Hands into his Pocket and give thein
Life with ſatisfaition and chearfulneſs, fome Money, and wilhed them to take
in Obedience to the Will of God. I bleſs heed of finning against the Lord. And
the Lord I am full of the Manifeſtaiion of from thence was carried upon the Leads
his Love in the Lord Jeſus; it's a Day of on the Top of Neugaie, ſo that he could
Foy to my Soul. I ſay God hath enabled ſee the greateſt Part of the City; he
me, to whom all the powers of the World then ſaid, The Earth is the Lord's, and
are but as the Drop of a Bucket; and the fulneſs therenf, and there is nothing
faid he, I do find ſo much of the Joy of hid from his Eyes. From thence he
ike Lord coming in, that he was carried was carried down two pair of Stairs,
far above thé Fear of Death, being going where he was tied about the Back, Breaft,
to receive that glorious and incorruptible and Shoulders ; he cook the Rope in
Crown which Chriſt bath prepared for his Hand, and ſaid, Friends, take No-
bim.
tice, ibat God gives me Power to receive
Then he was carried into a Room this with Thankſgiving, and he helped
where the common Priſoners were, and the Serjeant to put on the Rope. Then
told them what a ſad Thing it was to be a Friend came weeping to him, to take
condemned to die, and to want the her leave of him, he ſaid, Hinder sne
Love and Favour of God : But it's not not, for I am going about a Work for my
to with me ; for though I die, yet I Mafter. Then looking about him,
know I ſhall live with Chriſt to all Eter. ſaid, Sir, It's eaſy to follow God when he
nity, and this is out of the exceeding makes a Hedge about us, and makes libe-
Riches of the Grace of God; for he it
for he it ral Proviſion for us: But it's hard for
is that maketh the Difference; for as I most to follow him in ſuch a Diſpenſa-
am in myſelf, I am a bate, vile, and tion as this; and yet my Lord and Maſter
nothing Creature ; but compleat in is as ſweet and glorious to me now, as be
him, who is the Head of all Principali- was in the Time of my greateſt Proſperity.
ties and Powers. Poor Men! I wiſh He allo faid, This I can ſay for my-
you all as well as I do my own Soul. felf, That according to the Light that
Oh that you did but know Chrift! His God hath given me, I have ſerved him
Bowels yearn towards the greateſt of Sin- ' and my country with Integrity and Up-
ners ; his Blood is ſufficient to do away rightneſs of Hart, not willingly nor wit-
the deepeſt Iniquity; he waiteth to be tingly wronging any: But this have I
gracious, and is willing to receive all done with much Infirmity and Weak-
that come unto him. Oh! therefore seſs. One telling him, that he did not
labour to come to Chriſt : your time in know how to underſtand the Mind of
this World is ſhort and uncertain ; you :Gad in ſuch a Diſpenſation as this. He
are walking upon the Brink of Eternity, faid, Wait upon the Lord, for you know
and are ready to drop in every Moment; not what the Lord is leading to, and
if you die without the Fear of our God, what ihe End of the Lord will be.
you will be miſerable for ever and ever; After this, addreſſing himſelf to a
but if you come to know Chriſt to be Gentleman, he ſaid, I dare not, nor can-
yours, it will be your Joy and Happineſs not be a pleaſer of Men. A Friend an-
World without end. He then put his ſwered, it appeared lo by your declining
Crom-
Tie TRYAL of the REGICIDÈ S.
:
ZIO
Cromwel's Interest; which Words he told him, Sii, there is a Crown of Glory
atented to, and further faid, The Man.
ready prepared for you. O yes, ſaid he,
her of my ſpeaking before the Court inay I fee it. When he was taken off the
jiem firenge lo fome ; but my Design was Sledge, the Hungman deſired him to
not to approve myſelf before Men but God; forgive him ; I do forgive thes, ſaid he,
and what I ſaid was according to my Con with all my Heart, as it is a Sin againſt
ſcience. And as the Rope was tied on, me; and told him he with'd him all
de repeated Ifaac's Words to Abraham, Happineſs. And further ſaid, Alas,
Father, here is the Wood, but where is poor Man, thou doſt it ignorantly; the
the Sacrifice? And alſo ſaid, If the Lord Lord grant that this Sin may not be
ſee good, he can provide another Sacrifice, laid to thy Charge: And putting his
be con deliver thoſe that are appointed to Hand in his Pocket, gave him all the
die; but his Will be done, Death is not Money he had'; and fo parting with his
terrible to me; yea, it is no more to me Servant, hugging of him in his Arms,
than a Ruh, I have leornid in die long and went up the Ladder with an un-
ago. And was often heard to ſay, con daunted Cour.tenance.
cerning the Lord's Difpenſation to him
and his People, Shall not the Lord do
with his own wha! ii pleafeil bim? And Major-General HARRISON'S
ſo parting with his Friend, went down
Speech upon the Ladder.
Stairs to the Sledge, and aſk'd which
way muſt I fir, for I am not acquainted
with this: Good is the Lord in all his GENTLEMEN,
Ways. Then he was carried away in Did not expeet to have ſpoken a Word
the Sledge, having a ſweet ſmiling to you at this Time, but ſeeing there
Countenance, with his Eyes and Hands is a Silence commanded, I will ſpeak fome-
lifted up to Heaven, his Countenance thing of the Work God bad in Hand in
never changing in all the way as he went our Day's.
to the Place of Execution, but was Many of you have been Witneſſes of the
mighty chearful to the Aſtoniſhment of Finger of God, that hath been ſeen amongſt
many. He called ſeveral times in the us of late Years, in the Deliverance of
Way, and ſpoke aloud, I go to ſuffer his People from their Oppreſſors; and in
upon the Account of e most glorious Cauſe bringing to Judgment thoſe that were
tbat ever was in the World. And as he Guilty of the precious Blood of the dear
was going to fuffer, one in a Deriſion Servants of the Lord. And how God did
called to him, and ſaid, Where is your witneſs thereto, by many wonderful and
good Old Caufe? He with a chearful evident Teſtimonies, as it were immedi-
Smile clapt his Hand on his Breaſt, and ately from Heaven ; infomuch, that many
faid, Here it is, and I am going to Seal of our Enemies, who were Perſons of no
it with my Blood. And when he came mean Quality, were forcéd to confefs,
to the Sight of the Gallows, he was That God was with us : And if God did
tranſported with Joy; and his Servant but ſtand Neuter, they ſhould not va-
aſk'd him how he did ? he anſwered, lue us. And therefore ſeeing the Finger
Never better in my Life; his Servant of God batb been pleading this Cauſe, 1
ball
I
220
The TRYAL of the REGICIDE S.
hall not need to ſpeak much to it: In than this, rather than have fallen in
wbich Work I with others were engaged with them in that Iniquity; though I
for the which I do from my Soul, bleſs. the was offered what I would if I would have
Name of God, who, out of the exceeding joined with them: My Aim in all my
Riches of his Grace, accounted me wortby Proceedings was the Glory of God, and
to be inſtrumental in fo glorious a Work; the Good of his people, and the Welfare
and though I am wrongfully charged with of the whole Commonwealth.
Murther and Blood med, yet I muſt tell The People obſerving him to tremble
you, I have kept a good Conſcience, both in his Hands and Legs, he taking no.
towards God, and towards Man.
I ne-
tice of it, ſaid,
ver had Malice againſt any Man; neither Gentlemen, By reaſon of ſome ſcoffing
did I at maliciouſly towards any Perſon, that I do hear, I judge, that ſome do
but as I judged them to be Enemies to think I am afraid to die, by the flaking I
God and his People : And the Lord is my have in my Hands and Knees; I tell you,
Witneſs, that I have done what I did out No, but it is by reaſon of much Blood I
of the Sincerity of my Heart to the Lord. have loſt in the Wars,
have loſt in the Wars, and many Wounds
I bleſs God I have no Guilt upon my Con . I have received in my Body, which cauſed
ſcience, but the Spirit of God beareth Wit this Shaking and Weakneſs in my Nerves.
neſs, that my Actions are acceptable to the I have had it theſe twelve Years ;! I
Lord through Jeſus Chriſt: Though I Speak this to the Praiſe and Glory of God;
have been compaſſed about with manifold he hath carried me above the Fear of
Infirmities, Failings and Imperfe&tions in Death ; and I value not my Life, becauſe
my holieſt Dities; but in this I have Com- 1 go to my Father, and am aſſured I ſhall
fort and Conſolation, that I have Peace take it up again.
with God, and do ſee all my Sins waſh'd Gentlemen, Take notice, that for being
away in the Blood of my dear Saviour. inſtrumental in that Cauſe and Interest of
and I do declare, as before the Lord, that the Son of God, which hath been pleaded
I would not be guilty wittingły nor wil- amongst us, and which God hath witnes-
lingly of the Blood of the meaneſt Man, sed to by Appeals and wonderful Viktories,
ao not for ten thouſand Worlds, much leſs I am brought to this Place to suffer Death
of ihe Bloed of ſuch as I am charged this Day; and if I had ten thouſand Lives,
with.
I could freely and chearfully lay then
I have again and again befought the down all to witneſs to this Matter.
Lord with Tears to make known bis Will Oh! what am I, poor Worm, that I
and Mind unto me concerning it ; and to Mould be accounted worthy to ſuffer any
this Day be hath rather confirmed me in Thing for the Scke of my Lord and Sa-
the Juſtice of it; and therefore I leave it viour Jeſus Christ! I have gone joyfully
to him, and to him I commit my Ways; and willingly many a Time to lay down
but ſome that were eminent in the Work, my Life upon the Account of Christ, lut
did wickedly turn aſide themſelves, and never with so much Joy and Freedom as
Jet up their Nefts on high, which cauſed at this Time. I do not lay down any Lifa
great Diſhonour to the Name of God, and by Conſtruint, but willingly; for if I had
the Profeſſion they had made. And the been minded to bave run away, I might
Lord knows I could have ſuffered more have had many Opportunities; but being
Ja
ز
I
The TRIAL of the REGICID E S.
2.1
so clear in the Thing, I durft not turn to ſuch a poor, vile, and nothing-creature
my Back, nor ſtep a Foot out of the Way, as I am! What am I, that Jeſus Chriſt
by reaſon I had been engaged in the Ser. jould ſhed his Heart's Blood for me, that
vice of ſo glorious and great a God : I might be happy to all Eternity ; that I
However Men preſume to call it by bard might be made a Son of God, and an Heir
Names, yet, I believe, e'er it be long of Heaven! Oh, thai Cbrift ſhould under-
the Lord will make it known from Hea- go fo great Sufferings and Reproaches for
ven, that there was more of God in it, me, and ſhould not I be willing to lay
than Men are now aware of. All the
All the down my Life, and ſuffer Reproaches for
Gods of the Nation are but Idols, they him that baib ſo loved me! Bleſſed be the
have Eyes but ſee not, and Mouths but Name of God that I have a Life to loſe
ſpeak not, and cannot fave thoſe that
upon fo glorious, and so honourable an Ac-
truſt in them. But my God is the count. Then praying to himſelf, with
King of Kings, and Lord of Lords be- Tears; and having ended, the Hang-
fore whom all you here, and all Nations, man pull'd down his Cap; but he
are but as a Drop of a Bucket. And he thruſt it up again, ſaying, I have one
will never leave thoſe that truly truſt in Word more to the Lord's People, that de-
him, unto whoſe Glory I ſhall ſurely fire to ſerve him with an upright Heart :
go, and ſhall fit on the Right Hand of Let them not think hardly of any of the
Chriſt in Heaven ; it may be, to judge good Ways of God for all this ; for I have
thoſe that have unjuſtly judged me, been near this ſeven Years a ſuffering
Matth. 25. 33, 34.
1 Cor. 6.2. Perſon, and have found the Way of God
The Sheriff minding him of the Short to be a perfect Way, bis Word a tried
neſs of Time ; if he had any Thing to Word, a Buckler to them that truſt in
ſay to the People, he might.
bim, and will make known his glorious
He ſaid, I do deſire, as from my own Arm in the sight of all Nations. And
Soul, that they and every one may fear the though we may ſuffer hard Things, yet he
Lord, that they may conſider their latter hath a gracious End, and, will make a
End, and ſo it may be well with them ; good End for his own Glory, and the
and even for the worſt of thoſe that have Good of his people ; therefore be chearful
been moſt malicious againſt me, from my in the Lord your God, hold faſt that
Soul I would forgive them all. So far as which you have, and be not afraid of ſuf-
any Thing concerns me, and ſo far as it fering ; for God will make bard and bit-
concerns the Cauſe and Glory of God, I ter Things ſweet and eaſy to all thoſe that
leave for him to plead: And as for the truſt in bim. Keep cloſe to the good con-
Cauſe of God, I am willing to juſtify it feſfion you have made of Jeſus Chriſt, and
by my Sufferings, according to the good look to the Recompence of Reward: Be
Pleaſure of bis Will.
not diſcouraged, by reaſon of the Cloud
I have been this Morning, before I that now is upon you; for the sun will
came hither, so burried up and down fine, and God will give a Tejtimony unto
Stairs, (the Meaning whereof I knew not,) what he hath been a doing, in a short
that my Spirits are almoſt spent; there. Time.
fore you may not expeEt much from me. And now I deſire to commit my Con-
Oh, the Greatneſs of the Love of God cernments into the Hands of my Lord and
Kkk
Saviour
46
2 22
The TRYAL of the ReGICIDE S.
Saviour Jeſus Chriſt; he that hath deli- Eſtate to the Lord, to ſave or deſtroy
vered bimſelf for the Chief of Sinners; he as he thought meet ; and therefore he
that come into the World, was made Fleſh, would not by any means go out of the
and was crucified, that hath loved me, Way, though provoked thereunto by
and waſhed me from my Sins in his own ſeveral Friends.
Blood, and is riſen again, fitting at the After he was ſeized upon in the
Right-Hand of God, making Interceſion Country, and coming up to London, he
for me.
had a gracious Preſence of the Lord
And as for me, oh, who am I, poor, with him ; ſweetly ſupporting him in
baſe, vjle Worm, that God jould deal the Senſe of the Love of Chriſt to his
thus by me? for tbis will make me come Soul: And being perſuaded, that the
the ſooner into his Glory, and to inherit Cauſe of his Suffering from Man was
the Kingdom, and the Crown prepared for ſuch, as he had no Cauſe to be aſhamed
me! Oh, I have ſerved a good Lord and of; otherwile, the many Reproaches
Maſter, which hath helped me from my and hard Uſage in the Way to London,
Beginning to this Day, and bath carried had been ſufficient to have troubled his
me through many Difficulties, Trials, Spirit. In moſt Towns where he came,
Straits and Temptations, and hath alzways the Generality of the People reviling
been a very preſent Help in Time of Trou- him, with ſuch Words as theſe : Hang
ble; be back covered my Head many him up, (ſaid ſome at Saliſbury,) at the
Times in the Day of Battel: By God I next Sign-Poft, without any further Trou-
have leaped over a Wall; by God I have ble. Look, ſaid others, how be doth not
run through a Troop; and by my God I alter his Countenance ; but we believe be
will go through this Death, and be will will tremble when he comes to the Ladder.
make it eaſy to me. Now into thy This is the Rogue will have no King but
Hands, O Lord Jeſus, I commit my Jeſus. Indeed the Rage of the People
Spirit.
all the Way was ſuch, that had he not
been endued with Strength from on
High, he could not have undergone the
2
wicked and barbarous Deportment and
Carriage of the giddy Multitude, which
Some Occaſional Speeches, and he was ſubjected to.
After he came to London, and had
Memorable Pallages before many Opportunities of Eſcape, if he
the Execution of Mr. JOHN had thought it meet (before he was ſent
CAREW.
to the Tower) yet he would not, know-
ing how much the Name and Glory of
God was concerned in his faithful Wit-
HEN the firſt Tidings of the neſs to the Cauſe of Chriſt, for which he
Adverſaries Intentions to ſeize was in Bonds. And the Truth is, his
and apprehend him (being then in Corn- Joy in the Lord was ſuch, that when
wall) came to his Knowledge, he uttered many came drooping in the Spirit to
theſe Words, or to this Effect: That him, (by reaſon of the Gloomineſs of
he had committed both his Life and this preſent Diſpenſation,) they went
away
換​邊
​W
The TRYAL of the ReGICI DE 3. 223
away refreſhed and comforted by thoſe wretched Creature, and compaſed about
many gracious Words that came out of with many Infirmities. And when it
his Mouth.
was aſked him, If he had any Thing of
When Word was brought him, that Conviction upon him, as to what he was
Major-General Harriſon was dead, he to ſuffer for? He anſwered, No, not in
faid, Well, my Turn will be next; and the leaſt. For, ſaid he, Though Man
as we have gone along in our Lives, so have condemned, yet the Lord hath and
mult we be one in our Death. The Lord
The Lord doth juſtify: He added, The Lord had
God grant, that I may have the Strength juſtified it in the Field, once already in
from himſelf to follow couragiouſly to tbe this Nation (but that is now accounted as
laſt Breath; and that I may much honour a Thing of nought ;) but he will again do
and glorify God, whom I have made Pro it with a Witneſs; and prayed, that the
fefion of ; I can do nothing of myſelf, but Lord would deliver him, (viz.) Mr. L.
my Strength is in the Lord of Hosts, who from that Judgment that was at hand by
bath helped me from my Beginning to this which he would do it. To this Effect
Dey, and will help me to the End. The ſpake he alſo to many that did query
Night before he ſuffered, ſome of his him about this Matter-Being told, that
natural Relations came to take their his Nephew and ſome others were doing
Leave of him; and when they were their utmoſt for his Reprieve, he reply-
parting, they ſhed ſome Tears; but ed, that there is nothing to be done ;
when he perceived it, faid, O my for the Sheriff hath brought me word
Friends, if you did know and feel what (juſt now) that I muſt die to-morrow,
Hoy I have, and what a glorious Crown I and that there were ſome that deſired I
Shall receive from the Hand of Chriſt (for might not be quartered, but it would
this Work) you would not mourn, but re not be granted. But Death is nothing
joice, that I am counted worthy to be a to me; let them quarter my Body never
Witneſs to this Cauſe; and ſaid further, ſo much, God will bring all thoſe Pie-
The Lord preſerve you all from the Portion ces together again. It was aſked him,
of this Generation : For aſſuredly there is if he had Aflurance of the Love of God?
great Wrath from the Lord, that will réach He ſaid, Yea, yea ; he had fought a
them to their Deſtruction. When Mr. L. good Fight, and had overcome, and he
came to take his Leave of him, he aſked was ready to ſuffer the Will of God. One
this Queſtion, (viz.) How it was with aſked him, if he thought there would be
him ? he anſwered, Very well, I bleſs a Reſurrection of the Cauſe? He an,
God. As to my Intereſt in him, I have ſwered, He died in the Faith of that, as
not the leaſt Doubt, but do know aſſuredly, much as he did that his Body ſhould
that when my Soul ſhall be ſeparcted from riſe again ; and if he did not believe
this Body, “I ſhall be taken into his that, he ſhould not be ſo chearful at the
“ Preſence, where is Fulneſs of Joy, Sentence of Death. He ſaid alſo, he
&c. And by Jeſus Chriſt be preſented to had not the leaſt Regret.or Diſturbance
my Father, without Spot and Blame in on his Spirit about that for which he
bis own compleat and perfeet Righteouſneſs was to dye, for what he did was of the
which is free, and not for any of mine Lord, and if it were to be done agairy,
own Works: For I am a poor, ſinful, and he would do it. And the way that
they
224
The TRYAL of the ReGICIDE S.
they took to ſuppreſs and deſtroy thoſe him, what he thought of this ſevere
that did not think the King's Perſon Hand of God? He ſaid, that which
Sacred, their Blood will make many was hid ſecret in the Boſom of the Father
Hundreds more perſuaded of the Truth ſhould be manifeſted in due time. Oh!
of it: It was grievous to him, to hear ſaid he, it greives me to think how Po-
how at his Trial they blafphemed God pery
is coming upon us like a Flood in
and his People ; but he was reſolv'd he this poor Nation, and the great Judg.
would own the Lord among them, ment that will follow. But the Lord
which they could not bear, therefore will be a hiding Place for his poor Peo-
they were fo violent againſt him; he ple until the Indignation be overpaft.
ſaid, the Goſpel was going from London, Let not our Enemies think to break the
and Popery and Superſtition, &c. were Spirit by putting us to Death ; for I am
coming in, and it would be a rare thing confident, that God will give his Spirit
to find a Profeſſor of Religion in Lon feven-fold unto thoſe that are left; but
don ſhortly; he encouraged thoſe about the Enemy, the Lord hath ſet their
him, to keep cloſe to the Lord in this Feet in Nippery Places, ſo that when
evil Day. O! ſaid he, who would have they come to their Meaſure, they muſt
thought ſome Years ſince, that Popery be caſt down: Therefore 'tis the Duty
and Formality ſhould have been let in of the Lord's People to wait patiently,
again to theſe Nations? He ſaid, they and he that ſhall come, will come, and
were ſo barbarous, they would not al will not tarry. 'Tis a trying Time, and
low him ſome ſmall time to take a little none but thoſe that are endued with
Reft before he was to ſuffer ; which was Power from on High, will be able to
all he needed or deſired of them ; forhold out. One aſking him, where his
he was much tired with ſpeaking to Com- Chain was ? he ſaid, here it is; and
pany which came continually in. He tho' I have worn it ſo long, that it hath
deſir'd to be remembred to ſome Friends, entered into my Fleſh, yet it was as
and tell them, That this was the last Joſeph's, it had not entered into his
Beast, and his Rage was great, becauſe Soul. He was highly raiſed up in ad-
bis Time was mort. Some inore Expreſ- miring the Grace of God, that he ſhou'd
fions he uttered to this Effect. But in be accounted worthy to wear a Chain
his Words and Manner of ſpeaking, he for Chriſt; ſaying, They have been
manifeſted the higheſt Chriſtian Mag- bleſſed Chains to me; adding, That
nanimity and holy Greatneſs of Mind, the Lord had crowned him beyond
and ſuch a Spirit of Joy and Glory reſted many of his Brethren, being counted
upon him even to Aſtoniſhment. It worthy to ſeal God's Work with his
was aſked, if he apprehended his Confi. Blood; admiring that God ſhould accept
dence would continue to Death? He of ſuch a crazy Body, much of his
ſaid, he was not ſtrong in his own Strength being already ſpent; yet, that
Strength, but in the Lord's Strength, God ſhould ſo honour it in the End;
which he ſtill relied upon. And he ſaid he much admired the Depths of the
to one by him, Will you noc ſee how Love of God to ſuch an unworthy
God will carry me through next Day? Worm. The Lord will bring my Blood,
and deſired Prayers for him. One aſked (faith he) to cry with the reſt of the Mar-
4
tyrs,
Tlse TRIAL of the ReGICIDE S. 225
>
tyrs, How long, O Lord, Holy and and do notable Execution upon the Ene-
True, &c. As for Death, or the Fears my. The Lord hath (in much Wif-
of it, I am got above them, in and dom) hid this Death from us, and hath
through the beholding of the Glory of allured into it: But he hath ficted us for
our God, into which I am entring: it; and be nor troubled that he hath
Which Glory ſhall be ſhortly for the taken away two or three Drops of the
reviving of the Spirits of his Saints, and Spirit, for he will in the room thereof
deſtroying his Enemies. A Friend pour it out upon you.
ſpeaking to him (the Night before he The Day he fuffer'd and the Hour
died) of this Diſpenſation, he ſaid, he being come, the Rope being tied about
was perſuaded, that their Blood would him, he rejoiced exceedingly, ſaying,
be of much Advantage to the Cauſe in Oh! what am I, that I ſhould be bound
foreign Nations
Two Friends that for the Cauſe and Interest of the Son of
came to viſit him, being (as he thought) God? And when he was coming down
under ſome Trouble of Spirit, he di- Newgate Stairs, to go into the Sledge,
rected his Speech to them, as follows ; in a very ſmiling, chearful minner, his
Be not troubled; there is nothing ſtands Countenance ſhining with a great Glory,
between me and the Father ; for I go uttered Words to this Efect; My
with all Clearneſs and Freedom, and, I Lord Jeſus, for the Joy that was ſet be-
know, that Jeſus Chriſt is my compleat fore him, endured the Croſs, and deſpi,
Righteouſnels; and this is my Crown fed the Shame, and is now let down on
of Rejoycing, That I die net in the Lord the right Hand of God; whole Steps I
only, but for the Lord: And think not deſire to follow. It was alſo obſerva,
that this Blefred Cauſe ſhall be loft, for that the Chearfulneſs of his Countenance
it ſhall reach to the End of the Earth. all the way as he went to the Gibbed
Think not your Prayers loft; for your remained, to the Encouragement of the
Prayers and Tears with our Blood ſhall Faithful, and Admiration of Enemies,
come down ſhortly upon Babylon ; al- uttering by the way many chearful Ex-
though they think to heal her, yet they preſſions ſetting forth his joy in the
ſhall give her a greater Blow than ever Lord.
we could have given her in our Perſons. When he was brought to the Gibbet,
Thoſe who have been pleading for Suf- before he went up the Lidder (his
ferings, who fo ready to run away from Hands being bound) he exhorted ſeveral
it? While the Lord hath given us a Friends ítanding by, to be faithful unto
little of the Spirit of Rejoycing, that Death, and not to be aſhamed of the
hath made us willing to be giving up Cauſe for which they ſuffered, and they
ourſelves unto him. And although the ſhould receive a Crown of Life. And
Enemy think to conquer us, they ſhall farther ſaid to a Friend that ſtood by,
never do it ; for we are got above them That he hoped the Truths of the King-
in the Spirit of the Kingdom; we dom which he had preached up and
trample upon them, and they are under down, would not be the leſs eſteemed,
our Feet; and this Blooi that now is for that he came now to feal it with his
Thed, ſhall warın the Blood that hath Blood.
been ſned before ; and fhall come down
57
L11
Mr.
226
The TRIAL of the REGICI DE S.
T
do? And how ſhould they fear and
Mr. CAREw's Speech upon the tremble to appear before him ? And
therefore, I ſay, think of this, and of
Ladder.
the Righteouſneſs of God, as well as of
his Glory and Majeſty, and of his Ju-
Ruly, it is not Words, nor that ſtice; that when for one Sin he threw
which I have to ſpeak in mine down the Angels (thoſe Glorious Spirits)
own Spirit, will glorify God, or into Hell, and he would take no Ran-
give any Advantage to your Souls, or ſom or Redemption for them; and tho'
unto me; but it is, if I may ſpeak a he hath Mercy on the Sons of Men (ac-
few Words in the Spirit of the Lord, cording to his own Election and Pur-
and in the Power of his Might, and poſe, and according to that that he hath
from an unfeigned Love unto Jeſus purchaſed for himſelf in Chriſt Jeſus
Chrift: That would indeed give me an
before the Foundation of the World was
open Entrance, and make my Paffage laid) yet in time he made his Son a Sa-
very ſweet ; and a Bleſſing may be be crifice before Men and Angels to bring
hind, even upon you. The firſt Thing his Choſen ones to Glory. That he
(indeed) that hath been very weighty ſhould take Pleaſure to ſend his own Son
and I deſire to leave it upon all, upon out of his Boſom, who was the Delight
Saints as well as upon thoſe that are not of his Soul, and bruiſe him for our Sins;
acquainted with Jeſus Chrift) that Eter yet it pleaſed the Father to bruiſe him.
nity, Immortality, and eternal Life, it The inoft Holy and Righteous God,
is a wonderful Thing; the Thoughts that had but one Son, one only begotten
and Apprehenſions of it are able to ſwal Son (that was the Delight of his Soul)
low up a poor Soul: We little think and ſhould take Pleaſure to bruiſe him,
what it is; he that knows moſt of God, that we might be healed ; and laid
and moſt of Chriſt, and hath the great- Stripes upon him that we might be
eſt Meaſure of the Anointing, he little, healed. O! the Heighth and Depth,
little knows what it is to appear before O! the Length and Breadth of the Love
the Holy, the moſt Glorious, the moſt of God in Chriſt Jeſus unto poor Souls.
Righteous God of Heaven and Earth; Oh! this is that the Angels do deſire to
to ſtand before his Judgment-Seat, be- ſtoop down and look into, and to know
fore Jeſus Chriſt that is at his Right
is at his Right more of this great Myſtery of the Love
Hand; and where all the holy Angels of God in Christ : And that God ſhould
are ſo aſhamed (becauſe of the Glory of take upon him the Nature of Man, and
God) that they fall down and cover put him into that glorious Union with
their Faces, and cry, Holy, Holy, Lord his own Son; and that he ſhould leave
God Almighty, which art, and weſt, and the Angels, though Chriſt was made a
And therefore if ſuch glo- little lower than they for ſuffering Death
rious Creatures, if ſuch excellent Spirits for us : Yet, row, becauſe the Nature
as theſe Seraphims and Cherubims be, if of Man is united to the Godhead, by
they do fall down before the Glory and Virtue of that Marriage and Union, we
Majeſty of this moft Excellent and Won become the Sons of God, and Heirs of
derful God, how ſhould Duft and Aſhes Glory. Thoſe that are adopted by Jeſus
5
Chriſt,
ari to 601912.
The TRYAL of the REGICIDE S.
227
Chrift, are brought near to the Throne nifeſt through Jeſus Chriſt. Oh! there
of Glory, and are in a high and glorious is much talking and ſpeaking in the
Communion and Fellowſhip with the Name of Chriſt, and how many Men
Father and Spirit, owned of all the holy ſpend little Time in getting Evidences
Angels. And therefore they do ſtand in the Power and Demonſtration of the
without the Throne (as in ſeveral Places Spirit, and come to apprehend God in
of the Revelations) and round about the Chriſt, that ſpeak of him? Oh! there
Elders, and round about thoſe that were are few of theſe, the Lord knows. O
given to the Lambs (as in the Fifth of the that the anointing may be poured out
Revelations, and many other Scriptures) more now, according to this Faith, in
they ſtand without; but there is another the Way of this Grace, and in this Love
Company within, which is the Twenty of God, even in the electing Love of
four Elders, and Four living Creatures, the Father; and in the redeeming Blood
they fall down and worſhip God, they of Jeſus Chriſt, according to the pur-
are nearer than the Angels : Oh! who chaled Poffeflion that he hath obtained
hath credited, who hath believed this through his own Righteouſneſs, wherein
Report, and to whom is the Arm of the God hath been juſt alſo, in juftifying the
Lord revealed ? Oh ! how many Pro- ungodly; and among them, ſuch a poor
feſſors are there in this Day, in this Na- ſimple Piece of Duft and Aſhes as I have
tion, that call upon the Name of Chriſt, been, and have to this Day little glori-
and that ſay they ſhall be ſaved by fied my Father; and yet I can call him
Chriſt, and do live and truſt moſt in Father, through ſome Meaſure of his
their own Works and Righteouſneſs ; Spirit, and Father according to the Spi-
and never come to the Knowledge and rit of Adoption too: And can ſay, the
Underſtanding of this great Myſtery of Lord Jeſus hath given himſelf for me,
the Love of God in Chrift? Who ne and I take the Lord Jeſus Chriſt as the
ver received thoſe Teachings from the great Gift of the Father, defiring to bear
Anointing, and according to the new Witneſs of that Love, and of that won-
Covenant, where it is promiſed that they derful Grace and Glory, that he hath
ſhall be all taught of God, all the Chil made me Partaker of in and through
dren of God ſhall be taught of him; him. Oh, bleſſed be the God and Fa-
and there is no one can teach theſe but ther of our Lord and Saviour Jeſus
the Father, none can draw them to the Chriſt, who hath called me to this Hope,
Son but the Father; and no Man can and who hath made me Partaker of this
come to the Father but through the Son: Glory, that the Saints are enlightned in!
and this great Myſtery is both by the Light And now I long to ſee the Face of this
and Operation of the holy Spirit, who Father, and of his Son, though I have
makes the new Creature in the Soul: O ſuch a Number of Sins in me. And
that God would pour out of his holy though I have an Intereſt in him, and
Spirit; that God would pour out the can call him Father at any time without
Spirit of the new Covenant, and the Spi- doubt, and in full Affurance of Faith in
rit of the Goſpel, and the Spirit that can the Holy Spirit, yet if Jeſus Chriſt were
declare the Myſtery of God's Word in not there, to preſent me fauldeſs before
the Spirit, and that he hath inade ma the Preſence of God, I ſhould be afraid
10
228
The TRYAL of the ReGICIDE S.
to appear before him; but he is able to we were ſuch, we were fit to be turned
do it; and therefore faith the Apoſtle, out of the World, as ſome now think
Now unto him that is able to ſave you, they ſhould do God good Service in
ond to preſent you Faultleſs before the ſending ſuch poor Creatures quickly
Preſence of his Glory with exceeding Joy, from hence. There is no ſuch Thing;
&c. I am a poor ſinful Piece, full of I deſire to bear Witneſs to the true Ma-
Iniquity, laden with many Burdens, that giftracy, that Magiftracy that is in the
have a Body of the Death that I carry Word of the Lord : And that true Mi-
about me; and I am now about to lay niſtry,
niſtry, which Miniſtry is a Miniſtry
it down, and my Soul ſhall enter into from the anointing; that doth bear
eternal Life, and be made perfect in a Witneſs to the Lord Jeſus, and hath his
Moment, through the Mighty Power Holy Spirit. That Teſtimony I deſire
of God that hath wrought that glorious to bear; and that Teſtimony I deſire
Work of raiſing Chriſt from the Dead. to ſtand faithful in, with Integrity to
Oh, all my Strength, and all my Joy, the Lord Jeſus, as King of Saints, and
and all my Life is in Chriſt, and in him King of Nations. And therefore it is,
alone; and I have a Righteouſneſs al. I ſay, to have a Magiſtracy as at the
ready of his working, and according to firſt, and Counſellors as at the Begin-
his own Mercy, that he hath been plea- ning, Men fearing God and hating Co-
fed to work in me; and to hath been vetouſneſs. And that Miniſtry as doth
pleaſed to keep me in a very wicked preach the everlaſting Goſpel:
and in a very evil Diy, by the Power
of his Grace. And I deſire to glo Here Mr. Sheriff interrupted him,
rify my Father, many Years have I ſaying, 'Tis deſired that you ſpend the reſt
been in that Work, that hath been of of your Time in preparing yourſelf. Ano-
late in this Nation : Few and evil ther ſaid, You Spend yourſelf, Sir, in this
have been the Diys of my Pilgrimage, Diſcourſe. Another faid, It Rains.
but I have deſired to ſerve the Lord Then Mr. Carew faid, I will Pray.
with Faithfulneſs, and in the Integrity
of my Soul, without Prejudice againit
Mr. CAREw's Prayer.
any
Creature, and it hath been the De-
fire of my Soul to approve myſelf faith-
ful towards God, and towards Man : Moſt Holy, and moſt Glorious
And what I have done, I have done it
and bleſſed God, the God and
in Obedience to the Lord ; that I had in Father of our Lord Jeſus Chriſt, the
my Eye, and in my Heart. There are Father of all Glory; the God of the
many Things laid upon many of thoſe Spirits of all Fleſh; unto thee, unto
that profeſs the Kingdom and glorious thee, doth my Soul deſire to come
Appearance of Jeſus Chriſt, as if they through the new and living Way, even
were Enemies to Magiſtracy and Mini, through Chriſt my Righteouſneſs : And
fry; and, as if fo be we were for the in him and through him to be offered
Deſtruction of the Laws and Properties up by the Eternal Spirit, a living and
of Mankind, therefore ſhall I ſpeak' a acceptable Sacrifice, in which thy Soul
few Words unto that. And if indeed
And if indeed delightech. O Lord, thou knoweſt
my
O
The TRYAL of the ReGICIDB S. 229
rit; poor Creatures may speak Words Power, and thine own
my Frame, and thou knoweſt my Life, Let him know what it is to have Jeſus
and what a Paſſage this is; and what a Chriſt an Advocate ; and what it is to
wonderful thing it is, to enter into be preſented before thee by ſuch a Re-
Glory. And what a wonderful thing it deemer. O, that Jeſus Chriſt might
is, to ſtand before thee and to ſtand in bid me welcome into thy Preſence ; and
thy Preſence. O Father, Facher, let may ſay to my Soul, Well done good and
my Soul be filled with joy, and with faithful Servant, enter thou into the Joy
peace in believing; Olet my heart be of thy Lord. O bleſſed Father, it is
in heaven while my body is here ; and not that I do expect any Thing from
O let me be joyned unto the Lord, thee, upon any Account below the Ac-
through thine own Spirit before this Se count of the Lord Jeſus: And wherein
paration be-O Lord, thou only art ſoever thou haft been glorified by thy
able to take hold of my Heart and Spi- poor Servant, it hath been by thine own
, Working. O
to thee, but oh, it is thine own Power, nothing unto thy poor Creature is due,
and it is thine own Spirit that muſt take but unto thy holy Name be Praiſe and
hold of the Heart; it is thine own Spi- Glory. O, holy Father, behold thy
rit that muſt carry through all, and it Work in the Kingdoms, and behold.the
hath been thy Spirit, bleſſed be thy Cauſe and Intereſt of all thy People.
Name, that hath carried me through O do thou revive it in thine own ap-
many Trials, and many Temptations, pointed Time: 0 do thou ſtrengthen
and many Difficulties, that thy poor the Hearts of thy poor Saints: Oſcatter
Worm hath met with in this Pilgri- all Clouds, ſpeak comfortably to their
mage for many Years. O bleſſed be Souls, that they may be able to ſtand
thy Name for all thy Goodneſs, and under all Storms, faithful unto the
for all thy Grace, and for all thy Pre- Death, and receive a Crown of Life
fence that hath been with thy poor and Glory. O bleſs thy poor Saints in
Creature far and near. Oh, bleſſed the City, and bleſs thy Saints in the
be thy Name, that thou haſt kept Country; and bleſs thy Saints in the
me in any Meaſure faithful unto thee, · Weſt; O bleſs thy Sons and thy Daugh-
and made me willing to lay down my ters; O bleſs all the Meetings of thy
Life for thy righteous Work and Cauſe! People, let the Bleſſing of the Lord ap-
Oh, bleſſed be thy Name, that the pear unto them, let the Glory of the
Lord and Chriſt (that is at thy Right- Lord make hafte; let the Glory of the
hand) hath bought me with his own Lord be upon theſe Nations.
moſt precious Blood! He hath redeemed member thy Promiſe to thy ancient
me indeed. Therefore it is but my rea- People the Jews. O let thy People be
ſonable Service that I ſhould be offered taught of thee; Olet theſe dry Bones
up a Sacrifice to him, my Joy is in live; O Let the Spirit of Life breathe
him, and my Confidence is in him, upon them. O, dear Father, let the
that I ſhall be preſented by him to my Fulneſs of the Jews and of the Gentiles
heavenly Father. O Father, when thy be brought in. Let Multitudes be ga-
Servant is to be preſented before thee, thered out
thered out of every Kindred, and
let him know what it is to find Mercy. Tongue, and Nation, unto the King.
58
dom
O re-
Mmm
230
The TRYAL of the REGICIDE S.
dom of Jeſus Chriſt. O Father, Father, and let them that love Zion, and favour
advance thy Son, ſet him as King upon thy righteous Cauſe, be glad for ever
the Mountain of thy Holineſs ; give and ever. O, now Father, be near to .
him all Glory, and Power, and Domi me, do thou receive my Spirit, take
nion, over the whole Heavens, that me into thine own Glory, take me into
thou haſt promiſed according to thy thine own Glory ; let me know it is
Word and Covenant to give unto him ; my Portion, let me know there is a
that he may reign in thine own Word Crown in the Hand of Chriſt prepared
and Law, through his own Spirit for for my Soul. O bleſſed Lord, thou haſt
ever and ever. Lord, Lord, I deſire honoured thy poor Creature, and brought
thou would'ſt gather up my Soul; O him hitherto, O reward all the Labours
gather up my Soul, O Lord, make of Love in any to him, in Bonds or
this Paſſage ſweet, O make it comfor- Death ; and give them a double Reward
table. Lord Jeſus, thou haft taken into their own Boſoms. Reward it ſo
away the Sting of Death, and born the to them and theirs.' Bleſſed be thy
Burthen of all this Shame, and of all Name thon haft brought thy poor one
this Reproach. And thou haſt given hither, to ſuffer in thy Caule. And,
thy poor Servant ſomething of thy Pre O Lord, let thy Spirit be poured forth
ſence, through the Riches of thy Grace upon the Nations, until the whole Earth
this Day. O Lord, now receive, o be filled with the Knowledge of thiy
open thine everlaſting , Arms: O now Glory.
Glory. And that Chriſt Jeſus may
let me enjoy thy Preſence, O God, have all the Honour, and Praiſe, and
which I have deſired to behold and fee, Glory, and Dominion for ever and ever
and to behold thy Face in Jeſus Chriſt ; Amen.
O, now let me enjoy what thou haſt I am ſo exceeding Dry, that my
prepared for me: And fill me with the Tongue is ready to ſtick to my Mouth.
Joys that are at thy Right. hand, and But I would fain ſpeak a little more.
thoſe Pleaſures that are in thy Preſence Oh, bleſſed be God! Oh! how many
for evermore. O, thou Lamb of God, are the Refreſhments I have had from
lead me to the everlaſting Fountain, the Preſence of my God and Father,
that living Fountain that is able to ſup- ſweet, and ſecret Communion betwixt
ply all our Wants. O Lord, bleſs,
O Lord, bleſs, him and my Soul to Day. And for
bleſs thy poor People ; O comfort them that my Soul hath ſeen of his Riches
in this Day. Pour out ſevenfold of thy and Kindneſs. O that I might be more
Spirit, for what thou doſt take away in like Chrift! for I have been very unlike
any of thy Sérvants, for thy holy to Jeſus Chriſt, very unlike to my Fa-
Naine's Sake. o let the Cauſe and ther. But I ſhall leave all that is unlike
Kingdom of Chriſt be dear and precious Chriſt behind : And all his own Work-
in thy Sight, and live always. Lord, manſhip he will purify and perfect
little do theſe (poor Creatures) know, through this Paſſage into Glory. O
or theſe Nations know, what a Contro my dear Father, receive my Soul; oh!
verſy thou haſt with them. O that thou make this Paſſage ſweet, for now I am
wouldeſt be pleaſed graciouſly to ſpare coming to thee; Lord Help me, Lord
this People, ſpare thy People however; Spirit me, fill me with thy Spirit, let
:
me
4
The TRIAL of the ReGICIDE s. 231
me be ever with thee, let me know having Admittance to him, he ſaw her
what it is to have thee at my Right forth of his Window, and ſaid, Go
hand, that I may not be moved ; that home to thy Friends, my dear Lamb,
in
my Soul going out of the Fleſh, I I am well, bleffed be God, they cannot
may be let into the Preſence of God, keep the Comforter from me.
and into the Arms of Jeſus Chriſt. His Wife aſking the Gentleman Gao-
Oh, that my Soul may be breathed forth
be breathed forth lor to ſee him (another Time,) he an-
into the Arms of God, into the Boſom ſwered, ſhe might ſee him ſuddenly in
of Jeſus Chriſt, through the Anointing Newgate. Her Huſband hearing of
of the Spirit.
this, ſaid, If the Way to the new Jeru-
Falem be through Newgate, bleſſed be
A Friend that ſtood by, faid, It is God for Newgate; the King of Glory
expected you ſhould ſpeak ſomething to will ſet open his everlaſting Gates to
the Matter of your Suffering. The receive me ſhortly, and then I ſhall for
Under Sheriff ſaid, 'Tis not to be ſuf ever be with the Lord.
fered. What are you, that you put on A Note ſent by him from the Tower.
Men to ſpeak ? What are you, Sir ? My D. L. chear up, Heaven will
Mr. Carew ſaid, Farewel, my dear make amends for all; bleſſed be God,
Friends, Farewel; the Lord keep you I am full of ſpiritual Joy, and do truſt
faithful. The Friend faid, We part God to make what Bargain for me he
with
you with much Joy in our Souls. pleaſeth, for he knoweth the appointed
Mr. Carew ſaid to the Executioner, Time of my Compoſition and Diffolu .
Stay a while, I will ſpeak one Word, tion. Let us look to Jeſus, Heb. 12.
and then ſaid very folemnly with a loud After Mr. Cooke was brought to New-
Voice.
gale, diſcourſing with ſome Friends
Lord Jeſus receive my Soul, Lord there, he ſaid, I am now going to my
Jeſus into thy Arms I commend my Trial, wherein the Lord ſtrengthen
Spirit.
If I be attainted, yet my Eſtate
And so fell aſleep.
in Ireland is not thereby. forfeited,
without an Act of Parliament to that
28
Purpoſe; and indeed it is much ſet upon
my Heart, that if my ſmall Eſtate be
taken away from my poor Wife and
Some Occaſional Speeches, and Child, it will prove as Poiſon to thoſe
Memorable Paljages of Mr. that enjoy it, and conſumptive to the
Juſtice Cooke, during his God I never acted maliciouſly, or cove
Impriſonment in the Tower toully, but in a Spirit of Simplicity and
end Newgate. His Speeches of the Lord be done.
and Prayer upon the Ladder.
I commit and commend my dear
Loving and Faithful Wife and Child to
IS Wife coming to viſit him in their bleſſed Huſband and Father, with
the Tower of London, but not Three Scriptures eſpecially for their Por-
tion.
me.
22egen
HI
232 The TRY AL of the ReGICIDE S.
The Widow's Cruſe and Barrel of Meal, to die, what a bleſſed Thing is it to
i King. 17. Ifa. 54. ver. 5 to 10. have a Helper ; and what can help but
Jer. 49. 11. Earneſtly deſiring that my the Holy Spirit : Bleſſed be the Com-
Child may be religiouſly Educated in forter, for I am full of ſpiritual Conſo-
the Fear of the Lord. Thus if God lation. If one of you was to have a
hath appointed it, I ſhall go from the Thouſand Ponnds á Year, after the
Croſs to the Crown.
Death of an old Man conſumptive, that
Speaking to ſome in Priſon, for the would not live three Days, how would
clearing of himſelf from falfe Aſperſions, you rejoice? This is my Condition
faid, Whereas ſome ſay I have done through Grace, I muſt in a little Time
them wrong, they do much wrong me put off the Old Man, and enter into
in ſo ſaying. I have relieved many ſo the Poffeffion of Heavenly Glory. Let
far as by Law I could, knowing that the no good People fear a Priſon, for it is
worſt of Men ought to have Juſtice. I the only Place, wanting other Books,
bleſs God I durft not wrong any Man ; to ſtudy the Book of ſelf.
for I know that I ſhall meet them at A Friend going about to comfort Mr.
the laſt Day before the Bar of Chriſt's Cooke from the Confideration of the Bre-
Judgment, where I can with Boldneſs vity and Uncertainty of Man's Life, uſing
look all Men in the Face, as to Matter Some Expreſſions of Love, &c.
of Juſtice, for which I have great Cauſe Mr. Cooke replies, What doft thou
to bleſs the Lord, holy be his Name. thus ſpeak for? If I were ſick of a Fe-
Some in the Priſon ſpeaking of the ver, this might be a ſuitable Diſcourſe;
Differences in Religion, Mr. Peters but we muſt talk at a higher Rate than
faid, Pray talk not of Controverſies this now: Were I. to chuſe, I would
now, we have but a little Time to live, rather chuſe this Death than die of a
and cannot ſpend it in ſuch Diſcourſes. Fever, for there is much Pain, and
Whereupon,
ſometimes Diſtractions: But here a Man
Mr. Cooke faid, Bleſſed be God, bro- is well, when he goes upon the Ladder,
ther Peters, we are going to Heaven, and out of all Pains in a Quarter of an
where the Saints are all of one Mind, Hour. And, ſpeaking to a Friend,
which
my Soul hath long deſired to ſaid, I am now going to Heaven, and
ſee; it rejoiceth my Heart to think what ſhall leave you in the Storm.
a perfect Happineſs I ſhall have there;
the beſt Condition here is but mixed, Mr. Cooke to ſome Friends in Priſon.
but in Heaven there is no Sorrow nor
Trouble, neither have I one Dram of Friends, I beſeech you rejoice with
Trouble upon my Spirit at this Time; me: Olet us bleſs the Lord that he
bleſſed be God, he hath wiped away all counts us worthy to be Sacrifices to fol-
Tears, and I could with Paul and Silas low his Steps. Was not the Captain of
ſing in Priſon for Joy, Bleſſed be the our Salvation made perfect through Suf-
Comforter
ferings? And ſhall not I? Oh! I long
Diſcourſing, after he came into the to be at home out of the Body with the
Dungeon, he ſaid, When a poor Crea- Lord, though I go through a Sea of
ture comes about fo folemn a Work as Blood to him: Truly, I think every
Hour
.
1
The TRY AL of the ReGICIDE S. 233
Hour Ten. Little do my Enemies now juſt as I was in the Storm, almoft
think, what a friendly Part they do me, in ſight of Heaven, Read me Iſa. 43.
to haſten me to my Father's Kingdom, 9, 10. 61. 10, 11.
Ho 13. 14.
to my Crown and Glory. I had rather Then looking upon his Bed, ſaid,
go to my dear Jeſus with my Chain and That ſhall be my laſt Pillow ; I will
Croſs, than to ſit down with an earthly lay me down and neep awhile ; and he
King on his Throne, and wear a Crown flept about an Hour and half; and
of Gold,
then awoke, ſaying, Now farewell
Some diſaffected to ham being preſent, Sleep, no more Sleep in this World ;
faid, The Jeſuits ſuffered chearfully and and farewell Darkneſs and Night, I am
confidently.
going where there ſhall be no Night
Mr. Cooke replies, I bleſs God my there, neither need of a Candle, nor of
Juſtification is not built upon the Me the Sun, for the Lord will give us Light,
rits of Works, but alone upon Grace, yea, the Lord will be our everlaſting
in the Blood of Chriſt.
Light, and our God will be our Glory.
The faid Perſons compared him and And welcome every Thing that gives
his Fellow Priſoners, to Corah, Dathan, Notice the Hour is at Hand; welcome
and Abiram.
the Cock that crows; welcome ſweet
Well Friends, faid he, It matters Death, my good friend that will bring
not who condemns, when God juſtifies. me fo near Eternity. O bleffed be
Mr. Cooke, ſaid they, Do not juſtify God, bleſſed be his Name! Oh, this
yourſelf, but confeſs your Sins, your Chriſt is a bleſſed Chriſt, he anſwereth
heinous Crime againſt the Lord and his all things, and within few Hours, we
Anointed, and repent.
ſhall be crowned with Glory and Victo-
Mr. Cooke replies, I muſt needs tell ry! Bleſſed be our Lord Jeſus, that
you, that if Repentance was now to do, hath given us the Victory over Sin and
I was in a fad Condition, but I bleſs Death. Welcome Mr. Loman my Kee-
my God, he hath enabled me to confeſs
per ; welcome Angels, that will within
my Sins, and hath ſealed my Pardon in a few Hours take the Office, and guard
the Blood of his dear Son, and given me into Eternity.
ſuch Peace as none can give or take At Midnight he prayed very fervent-
away. I have no Guilt nor Trouble ly; and the common Priſoners heard
upon my Spirit, touching what is done; him, and ſeemed very forrowful by
but ſuch ſweet Peace in God, as I can their Expreſſions, ſaying, Sir, the
not expreſs; and I ſhall leave all with Lord be with you; O that our Souls
God, who judgeth righteouſly, who might go where your Soul goes.
will decide all thipgs.
About the Morning, fpeaking to
Mrs. Cooke, faid, Lamb, do not diſho.
Mr. Cooke, to Mr. Peters, in the Dun-
nour my laſt Wedding day by any
geon, ſaid,
Trouble for me ; for if all my Judges
Brother Peters, we ſhall be in Hea- did but know what Glory I ſhall be in
ven to Morrow, in Bliſs and Glory; before Twelve of the Clock, they would
what a bleffed Thing is that, my very
deſire to be with me.
Heart leaps within me for Joy, I am And let the Executioner make what
59
Nnn
hafte
234
The TRYAL of the R EGICID B S.
haſte he can, I ſhall be before-hand with courſe with Friends that came to viſit
him ; for before he can fay, here is him, preparing himfelf for his Suffer-
the Head of a Traytor, I Thall be in ing, with ſuch a chearfulneſs, as was an
Heaven. Come Lord Jeſus, come Aſtoniſhment to the Spectators.
quickly, my Soul longeth for thee, and Then ſpeaking to his Wife, faid,
I wait to hear thy Voice, ſaying, Come Farewel my dear Lambs I am now go-.
up hither, and immediately I ſhall be ing to the Souls under the Altar, that
in the Spirit ; and then ſhall I for ever cry, How long, O Lord, holy and
be with the Lord. And at Midnight true, doſt thou not judge and avenge
there was a Cry heard, the Bridegroom our Blood on them that dwell on Earth:
cometh, and they that were ready went and when I am gone, my Blood will
to unto the Marriage: This Day I ſhall · cry and do them more hurt than if I had
enter into the joy of my Lord.
lived. But I am now going to Eterni-
Come, Brother Peters, let us knock ty, bleſſed be God; be not troubled
at Heaven's Gate this. Morning, God for ine, but rejoyce, becauſe I go to my
will open the Doors of Eternity to us Father and your Father, to my God
before Twelve of the Clock, and let us and your God. And after ſone time
into that innumerable Company of Saints ſpent in Prayer, he deſired his Wife
and Angels, and to the Souls of juft Men not to withhold him by an unwilling-
made perfect; and then we ſhall never neſs to part with him now, when God
part more, but be with the Lord for called for him, to be offered up as a
ever and ever, ſinging Praiſes, ſinging Sacrifice for his Name and Cauſe.
Praiſes, to our Lord and everlaſting After a little Pauſe, ſhe freely gave
King to all Eternity. He ſaid further, him up to the Lord; to which he repli-
O what a good Mafter have I ſerved, ed, Now all the work is done, and
that ſtands by me now, and ſupports faid, I reſign thee up to Jeſus Chriſt, to
me, with his everlaſting Arm he bears be thy Huſband, to whom alſo I am
ine up; and ſaid, Come away my beloved, going to be married in Glory this Day.
make bafte, and be thou like unto a young His Wife ſhedding Tears, he ſaid,
Roe, or a young Hart, upon the Moun Why weepeſt thou; Let them weep
tains of Spices. Behold I come Lord who part, and ſhall never meet again ;
Jeſus, I come full Sail to thee, I come but I am confident we ſhall have a glo-
upon the Wing of Faith, Lord Jeſus rious meeting in Heaven; here our
receive me. And going to lie down Comforts have been mixt with chequer-
upon
his Bed, ſaid, It is no niore to go work of Troubles, but in Heaven all
to die to Morrow, than it is to go to Tears ſhall be wiped from our Eyes.
deep to Night. I bleſs the Lord I am He aſked ſeveral times if the Sheriff
free from trouble, and my poor Heart was not come, ſaying, Why ſtayeth
is as full of ſpiritual Comfort as ever it the Wheels of his Chariot ? Why do
can hold; and this Joy can no Man they drive fo heavily? I am ready,
take from me.
bleffed be God; I have nothing to do
The Doors of the Priſon being opened but to die.
in the Morning, he ſpent that little time Word being brought that the Sheriff
he had left in Prayer and heavenly
. Dif was come, he makes halte to be gone ;
and
The TRYAL of the REGICI DE S. 235
upon all
and his Wife ſtepping after him, took God, that thy poor Servant now feels
him by the Arm; whereupon he ſaid, at this time ; blefled be thy Name. I
O do not hinder me from going to Je am a poor Creature, a poor Sinner, and
fus Chriſt.
the Lord might juſtly withdraw from
And then with a chearful Counte me, and leave me to horror and feared-
nance, taking leave of his Friends, he neſs, if he ſhould deal with me in Ju-
went to the Sledge that carried him, ftice. But this hath not been his Mer
whereon was alſo carried the Head of thod, (bleffed be his Name) to leave and
Mijor General Harriſon, with the Face forſake his poor Servant. Lord let thy
bare towards him; and notwithſtanding Bleſſing be upon us at this time; and
that diſinal Sight, he paſſed rejoycingly let thy Bleſſing be upon England; and
through the Streets, as one born up by let thy Bleſſing be upon all theſe Na-
that Spirit which Man could not caſt tions; and let thy Bleſſing be
down. Being come to the Place of that are here. Aſſiſt us, O Lord, by
Execution, when he was taken out of thy divine Power ; give us to ſee much
the Sledge, he ſaid, This is the eaſieſt of thy Power; and let not his Meeting
Chariot that ever I rid in all my Life. be in vain, but let every one here re-
Being: come upon the Ladder, and ceive Benefit thereby, to the Praiſe and
the Rope put about his Neck, he rejoy. Glory of thy great Name, and the ever-
ced, ſaying, Bleſſed be the Name of laſting Salvation of all our Souls, (if it
God, that I am bound for the ſake of be thy bleff:d Will) through Jeſus
Chrift.
Chriſt our Lord.
Then his Work was to addreſs him-
ſelf to God, and to that End ſaid, If Having ended his firſt Prayer; he ap-
you pleaſe, I ſhall ſpeak a few Words plies himſelf to the Sheriff and Spectators
to God in Prayer.
in this following Speech.
Mr. Sheriff, and Gentlemen,
Mr. COOKE's Prayer before his
HE moſt glorious Sight that
Speech.
ever was ſeen in the World, was
our Lord Jeſus Chriſt upon the Croſs ;
OST glorious Majeſty, this and the moſt glorious Sight next to that;
Day is a Repreſentation of that is to ſee any poor Creature ſuffer for him
great Day, when all thy poor People in his Cauſe.
ſhall meet together, Multitudes, Mul I deſire to ſpeak a few Words, briefly
titudes, in the Valley of Deſtruction. to let you underſtand what a glorious
Thy poor Servant is now come to pay Work the Lord hath been pleaſed to
the Debt which he oweth to Nature ;
accompliſh upon my Spirit. I bleſs the
bleſſed be thy Name, that thou haſt Lord, I have ranſacked into
, every cor-
prepared him for it; bleſſed be thy ner of my Heart, and I have ſearched
Name, ſweet Jeſus, bleiled be thy into all my Sins, actual and original,
Name. O that all thy poor People that fecret and open, known and unknown,
are here (if poſſible) may feel ſomething fo far as the Lord hath diſcovered them
of that divine Power and Aſliſtance of to me;, and I have confeſſed them all
wich
TH
M
236
The TRIAL of the REGICI DE S.
with a penitential bleeding Heart, and ſomething of it. Truly, I ſay, as to
contrite Spirit. Bleſſed be his Name, the King's Majeſty, I have not any hard
he hath been pleaſed to come in abun- Thoughts concerning him : My Prayer
dant Manner, and hath been pleaſed to
ſhall be for him, that his Throne may
Thew me, that the only Remedy is the be upheld by Truth, and by Mercy ;
Blood of Chriſt; and I have, bleſſed be for by Mercy, (as Prov. 23.) the Throne
the Lord, applied that precious Blood is upheld. But I muſt needs ſay, that
to my poor Soul, and have laid hold poor We have been bought and ſold by
upon a Chriſt, by a true and lively our Brethren, as Joſeph was.
Faith : And there is a ſweet Calm and Brother hath betrayed Brother to
Serenity in my Soul and Conſcience, death : And that Scripture is in a great
bleſſed be thy Name. I deſire to glo. Meaſure fulfilled, Matth. 10. 21. The
rify God, and to give him the Glory of father againſt the son, and the fon againſt
all, and to take Shame unto myſelf for the father; and brother ſhall deliver up
any
Sins that I have ever committed, brother to death. I deſire, for my own
that I know to be Sin : And therefore I Part, to kiſs the Rod; and I do deſire,
deſire to rejoice in the God of my Salva. (if it may pleaſe the King's Majeſty,)
tion ; as Iſai. 61. 10. I will greatly re that no more Blood may be ſhed after
joice in the Lord, my Soul ſhall be joyful mine : It may be, the Lord will put it
in my God, for he hath cloathed me with into his own Breaſt.
the garment of Salvation ; he hath covered Here is a poor Brother coming; I
me with the robe of Righteouſneſs, as a am afraid he is not fit to die at this
bridegron decketh himſelf with ornaments, Time. I could wiſh that his Majeſty
and as a bride adorneth berſelf with jew- might ſhew fome Mercy.
els: Even ſo the Lord delighteth in me. The Sheriff interrupted in Words to this
And as the Earth bringeth forth her buds, Effeet.
Effect. Let that alone, for the King's
and as the garden cauſeth the things that Majeſty hath Clemency enough for all
are sown in it to Spring forth : So the but his Father's Murtherers.
Lord will cauſe righteouſneſs and praiſe Mr. Cooke replied, Then I ſhall pro-
to ſpring forth before all Nations. ceed to ſpeak ſomething concerning my
And Iſaiah 43.9, 10. Ye are my wit Profeſſion and Faith, which I bleſs the
nelles, ſaith the Lord, I do deſire to Lord, is founded upon the Rock Jeſus
bear a Teſtimony unto God, and to Je- Chriſt. I do not expect Salvation for
ſus Chriſt, for Juſtice and Truth, and any Thing I have ever done, but only
Righteouſneſs, and Holineſs.
lay hold upon Chriſt, as a naked Chriſt,
The Lord knows I have no Malice and there to bottom
and there to bottom my Soul.
upon my Heart againſt any Man or I can ſay to the Praiſe and Glory of
Woman living upon the Face of the God, that I have endeavoured in my
Earth; neither againſt the Jury that Place, and to my Power to do that
found me guilty, nor Court that paſſed which might be to God's Glory, accord-
Sentence: I deſire freely to forgive every ing to the beſt of my Underſtanding.
one from the Bottom of my Heart. I have ſtood for a Goſpel Magiſtracy
And as concerning this great Diſpenſa- and Miniſtry, and that many Delays in
Lion, you may (it may be) deſire to hear Law might be removed, and that
Thing
I
The TRYAL of the RIGICIDB S. 237
Thing I have much ſuffered for,) I ſay, gregation, to which I was related in the
it's good both for King and People, Time that I lived here, I would con-
that many Delays in Matter of Juſtice mend to them that Scripture, Pbil. 2.
ſhould be removed, and that Publick 17, 18. Fea, and if I le offered up t!pon
Juſtice might be ſpeedily and cheaply the ſacrifice and ſervice of the faith, I
adminiſtred.
joy and rejoice with you all, for the ſame
And as for my Profeſſion, I am of cauſe alſo do ye joy and rejoice with me.
the Congregational Way, I deſire to And Deut. 18. II. The Lord God
own it; and an for Liberty of Confci- your fathers make you a thouſand times
ence, and all that walk humbly and ho more than you are, and bleſs you as he
lily before the Lord; and deſire to hath promiſed. The Lord be pleaſed to
walk in the Fear of the Lord; and I ſpeak comfort to them, and to all their
believe it is a Truth, and there can be that fear the Lord.
nothing ſaid againſt it. I do confeſs, I The Lord keep England from Popery,
am not convinced of any Thing I have and from Superſtition, and keep it from
done amiſs, as to that I have been char- Prophaneneſs; and that there may not
ged with ; I am not indeed; neither did be an Inundation of Antichriſt in the
I underſtand the Plea of the Court, Land. And that is all the Harm I wiſh
that if the Lords and Commons had unto it,
brought the King to the Bar, and had The Lord hath forgiven me many
ſet him over them again, their bringing Thouſand Talents; and therefore I may
him to the Bar had been Treaſon. well forgive thoſe few Pence that are
I deſire never to repent of any Thing owing unto me. I bleſs the Lord, I
therein I have done, but I deſire to have nothing lying upon my Conſcience,
own the Cauſe of God and Chriſt; and but I can unborom myſelf to every one,
am here to bear witneſs to it; and ſo and to the Throne of free Grace, in the
far as I know any Thing of myſelf, I Simplicity of my Spirit. I have endea-
can freely confeſs it.
voured to do nothing but with a good
Here the Sheriff interrupted him again, Conſcience, and through the Integrity
deſiring him to forbear any ſuch Expreſ- of my Heart, though accompanied with
fions.
many Frailties.
Mr. Cooke replied, It hath not been I deſire to bleſs the Lord, my Lot
the Manner of Engliſhmen to inſult over was rather in Ireland than here ; here I
a dying Man; nor in other countries have been more known where I have
among Turks or Galliaſes.
given the Offence.
The Lord bleſs every one of us, and The Sheriff again interrupted him.
help us, that we may look more to the Mr. Cooke replies, Sir, I pray take
Honour and Glory of God, than the notice of it, I think I am the firſt Man
Concernment of our own Lives: For that ever was hanged for demanding of
alas! what is a poor miſerable Life to Juſtice; therefore I hope you will not
us, but that therein we might give Ho interrupt me.
nour and Glory to the God for all our I ſuppoſe you were there, and do
Mercies.
bear me Witneſs in your conſcience,
And if there be any here of that Con that there was not any Thing then, that
60
Ooo
I did
*
238 The TRYAL of the R EGICIDE S.
MO
I did not communicate to the Court, I have done) knowing that all my Guilt
that I now ſpeak upon the Ladder. is waſhed away in the Blood of Jeſus
If you will believe the Words of a Chriſt, (and before him I hope to ap-
dying Man, I ſay, as I muſt give an pear,) and have nothing elſe to plead
Account, I have nothing lyech upon any Thing at all for me.
my Conſcience. We muſt all meet to And ſo I hope that I have declared
gether at the great Day of the Lord, to myſelf with Simplicity and Integrity, in
give an Account of all our Actions, few Words, that you may underſtand
(and then it will appear) the Lord grant my Mind.
we may meet with Joy and Comfort. I ſhall ſpeak a few Words to the Lord
I have a poor Wife and Child, and in Prayer, and ſhall not trouble you
ſome Friends left ; I deſire you that further.
came along with me, to commend to
them, Ifa. 54. 4, 5, and 10. ver.
Mr. Cooke's Prayer.
I hope the King and Parliament will
conſider our poor Friends, as to their
Eſtates: You know that thoſe Lords,
OST glorious Majeſty, I be-
that formerly ſuffered under the Parlia-
feech thee, ſo to warm my
ment did not loſe all their Eſtates; I Heart, and fill it ſo full of the Love of
hope there will be ſome Conſideration Jeſus Chriſt, that it may never be cool
as to Juſtice, leſt that our ſmall Eſtates any more; Oh! that the Lord would
prove a Poiſon amongſt their great deal, now appear graciouſly to ſhew himſel
and my poor Wife and Relations ſuf a wonder-working God, in bearing up
fer.
the Heart and Spirit of thy poor Crea-
The Lord grant that Mercy may be ture ; it is no matter how bitter the
ſhewed, that Mercy and Righteouſneſs Cup is, if the Lord give Strength to
may magnify and exalt itſelf above Ju- drink it; and no Matter how heavy
ftice. I ſhall not hold you long; I the Burden be, if the Lord be at one
Thall deſire in the Fear of the Lord to End, and uphold the other; and bear
give myſelf (as in the 12. Rom. 1.) the Burthen himſelf, or lay no more
A living Sacrifice, Holy and Acceptable upon his Children than they are able to
uenio God, which is but a reaſonable Ser bear: The Lord give Strength to all
vice.
that are to bear this Burden: The Lord
And ſo I intreat, that I may have a be with all that are yet to ſuffer in this
little Time to call upon the Lord, unleſs Cauſe, and double and treble fevenfold
there be any Thing more defored, or of thy Spirit upon us, let us not ſtand it
one that would aſk me a Queſtion. out againſt our Reaſons, and Judgments,
Truly, I forgive all from my Heart, and Conſciences. If any did purſue
I have nothing upon my Heart to accufe Power and Intereſt, and did not look
any of them withal.
Í bleſs the Lord after the Good of God's poor People,
I have a clear Conſcience, I ſay it in the and the Good of the Nations, the Lord
Integrity and Simplicity of my Heart, forgive them. The Lord knows the
(I do now appeal to the great God, to Simplicity of the Hearts of his poor Ser-
whom I muſt give an Account of what vants that are gone before, and of thote
that
Tie TRIAL of the REGICID ES. 239
that are to come after. I deſire that all Jeſus hath made up with me. Bieffed
thine may have Hearts willing to ſuffer be thy Name : rethinks I do fee with
for thee : To make Confeſſion of Faith Stephen, even by the Eye of Faith,
in Chriſt Jeſus, I know is nothing, I Heaven open, and the Lord Jeſus ready
know it is not enough only to confeſs to receive my poor Soul. And, oh!
in Words, to confeſs in Doctrinal and that I may with Ezekiel ſee the Glory
Evangelical Truths ; but to confeſs by of God; and ſee, with Iſaiah, the Lord
a holy Life and Converſation ; and if ſitting on his Throne of Glory. And,
the Lord call any of his poor Children oh! that the Love of the Father, and of
to ſeal the Truth with their Blood, yea, the Son, and of the Spirit, may warm
their precious Blood, it is their Duty my Heart, and carry me up from the
alſo: If the Lord Jeſus had come down Beginning of this paffage to the End
from the Croſs, and had not ſhed his and Clofe of it. Lord Jeſus, come and
moſt precious Blood, and had not by receive my Spirit, and ſweeten this
that Blood gone to Heaven, our Salva- Cup, and let me ſay, The Cup which
tion had not been. Lord, let it be my Father hath given me, mall I not
well with England; the Lord hear me drink of it? And I leave all in the
for my poor Friends and Relations, for Hands of the Lord, that if it be the
my poor Wife and Child : Unto thee, Lord's Will, every one that belongs to
Lord, I commend the Cauſe of God, the Election of Grace, may meet with
and of Jeſus Chriſt. And remember Comfort at the great Day; and that we
poor Ireland, wherein I had a Lot and may ſhake Hands together, where no
Intereſt ; the Lord remember them all, Office of Love ſhall be unrewarded, nor
and help thy poor Children to continue any Unkindneſs ſhewed to the People of
faithful unto Death, that ſo we may re God.
ceive a Crown of Life, for the Sake of But within a few Hours, I ſhall be in
our Lord Jeſus Chriſt; and ſo I come, the Harbour : I am juſt now entering
Lord Jeſus, oh! receive my Soul. into it: I would not go back again for
Send down a Guard of Angels to convey all the World.
my Soul into Abraham's Bofom : Re Bleſſed be the Lord, I deſpiſe the
ceive my Soul, O Lord, into thy Hands Shame, and am willing to endure the
I commend my Spirit. And I deſire to Croſs, for Chriſt's Sake; becauſe the
appeal to thee, O Lord, thou art the Lord Jeſus, who is the Author and Fi-
Great God of Heaven and Earth, before nither of my Salvation, did it for me. .
whom all Controverſies muſt come, The Lord picy thoſe that follow, and
I believe there is not a Man in the bear up their Hearts.
World, whatever he be, but hath ſome The Lord help his poor People, that
reverential Fear of Death; but for any find any Thing upon their soul; that
ſinful vitious Fear, I bleſs the Lord I they ſhould ſtand fait unto the Truths
have not the hundredth Part of a Dram of Jeſus. Alas! we ſhall be but a few
upon my Conſcience : If it were my Days here, and Heaven will make
Wedding-day, I could not more rejoice amends for all, and we ſhall glorify
in the Lord, becauſe it is a Confumma God in Eternity, where we ſhall enter
tion of that Marriage, that my Lord into a ſinleſs, timeleſs, and temptation-
leis
240
The TRYAL of the REGICI D E s.
1
els Eſtate, and never meet with Sorrow better Part, I bleſs God I never found
or Troubles any more: But the Lord ſo much internal ſpiritual Solace and
will receive us to himſelf; and then the unmix'd Joy and Comfort, as I have
Innocency of thy poor Servants ſhall be experimented in theſe Five Months En-
vindicated, and we ſhall be ever with durance. Let never any Chriſtian fear
the Lord, bleſſing and praiſing his holy a Priſon, it being the only Place where
Name.
(wanting other Books) a Man may beſt
When Elijah was taken away, the ſtudy the Book of the Knowledge of
Spirit of Elijah reſted on Eliſa, who himſelf, having a long Vacation from
ſtood up in his ſtead. And when John all Buſineſs; but praying unto, and
the Baptiſt was cut off, the Lord had praiſing God in Chriſt, by the Spirits
his Apoftles to ſupply that Office. The Aliſtance. I cannot taſte Martha's
Lord will have Profit in the Death of Part, for none muſt come to me; nor
his Children. I believe that an Army Mary's Part to wait upon the Ordinan-
of Martyrs would willingly come from ces, which my Soul thirſts after ; there-
Heaven to ſuffer in ſuch a Cauſe as this fore my Chamber is like the Sanctum
that I come here to ſuffer for.
San&torum, where wittingly none may
I deſire to bewail that I have not had enter but the High Prieſt of our Profel-
ſo much Love to the Glory of God ſion the Lord Jeſus. I did not think
therein as I ought. But as to the Thing that there had been ſo much Ignorance,
I come to ſuffer for, I have not had Impotence, Impatience, Ingatitude,
any Thing or Act come to my Mind Pride, inordinate Affection to Creature-
with leſs Regret, and greater Comfort Comforts, Revenge, Diffidence of God,
than this.
Self-love, and Iniquity of all Sorts in
And as for thoſe that brought me hi me, as I find there is; who am not only
ther, I do forgive them, I have not one a poor Sinner, but Sin itſelf, a very
hard Thought concerning them ; the Mafs of Sin. I find it very hard to
Bleſſing of the Father, Son, and Spirit rely nakedly on God's Goodneſs, not
be with them.
to feel the Heat of Perſecution, not to
Oh, that the Lord will grant, that
be careful when all is taken away. Lo,
no more might ſuffer! And to dear and this Darkneſs and Filthineſs of Spirit is
bleſſed Father, I come into the Borom only diſcover'd by the Light of Chriſt,
of thy Love, and deſire to enter into by whoſe Lowlineſs in waſhing the A-
that Glory, which is endleſs and bound- poſtles Feet, I ſee my Loftinefs and
leſs, through Jeſus Chriſt.
Want of Condeſcenſion when I had
Power; by his Patience, my many Pal-
A Letter written from the Tow- fions and Heart-riſings againſt Inſtru-
er to a Chriſtian Friend, by my Reluctancies ; by his Faithfulneſs,
Mr. Juſtice Cook E. my former Backſlidings; by his Fruit-
fulneſs, and doing good, Aets 10. 38.
iny Barrenneſs, and the little Good I
OW in Anſwer to your loving did when I had Opportunity; and by
Enquiry, how it fares with my his Liberality, my Penuriouſneſs ;
whereby
SIR,
NI
The TRYAL of the REGICIDE S.
241
whereby I adore and acknowledge his willingly offend him any more, and I
Juſtice, that he hath moſt righteouſly cannot ſatisfy Divine Juſtice for one
deprived me of my Liberty and Eſtate: vain Thought, therefore I fly to Chriſt,
All which drives me nearer to Chriſt, and cloſe with him upon a free Promiſe
and makes me take faſter hold of his
as a poor penitent Sinner ; no Merits,
Righteouſneſs. I now underſtand (thro' but the Merits of my Saviour : I take in
Grace) how precious he is, i Pet. 2. 7. whole Chriſt, and not one Drop of my
If it were not for Chriſt, what a miſera- puddled Water ſhall be mingled with the
ble Condition were I now in that Ocean of his pure and perfect Righte-
might ſuddenly be ſent to contend with ouſneſs; and I give up myſelf wholly to
the Wrath of God in everlaſting Burn- him, as by a Deed of Gift, to be at his
ings: And this makes me love Chriſt Diſpoſal; and I know he hath received
the more, having forgiven me more me, I am my Beloved's, and my Beloved
than others; and having had ten thou is mine, and all is mine, i Cor. 3. 22.
ſand Talents forgiven me, I would for Death itſelf: I have a ſweet Certificate
give any Wrong-doers; and this keeps from Heaven of the Pardon of Sin, Ju-
me humble, and from Cenforiouſneſs. ſtification, Reconciliation, and Adop-
I bleſs God, I have ranſack'd into every tion. I know God's Heart and his
Corner of my Soul, I have with David, Eyes are upon me perpetually, 2 Cor.
Fob, Eſay, and Paul, bewailed my he 2. 15. chat no tender Father or Mother
reditary Diſeaſe and Heart-corruption. can have ſo ſpecial a Care of any ſick
I feel it is as a rotten Tooth that aches, impriſon’d Child, as he hath of me. I
would fain be rid of it, have condemned believe that God, who hath given a pro.
myſelf for it, cried out againſt it, as the perty to the Needle to keep fix'd, tho'
raviſhed Damſel
, Deut. 22. 26. The the Ship overturn, will keep me faith-
like for Sins done in my Inclination, ful to the Death, and that I ſhall receive
which by preventing Grace are ſecret, the Crown of Life, and ſtand with as
and only known to God; and I have much Confidence at the great Day, as
mourned over my ſecret Sins, only if I had never finned ; and herein I am
known to God and myſelf; over the confirmed by the Teſtimony of the Spi-
Sins of my Youth, which were com rit, and Scripture Evidences.
mitted faſter than can be named; for Bleſſed be God, I do love the Saints,
thoſe which I did not know to be Sin, every one that ſuffers in this Cauſe is as
and thoſe that I have forgotten ; and dear to me as my own Soul; my Sighs
eſpecially for my actually known Sins, have been many, and my Heart faint,
committed againſt Love and Light, ſince I cane hither ; not for my own
Promiſes and Covenants. I have con Condition (for it is happy) but for the
feſs'd them all with a heavy, bleeding, Amictions of yoſeph ; fcarce a poor
broken and contrite Spirit ; and O that Saint permitted to breathe in Iriſh Air;
I had all Sin, as Sin, in a greater Exe thoſe that will not ſwear and be drunk,
cration: My Grief is for having offend or have Prayer in their families, are
ed fo gracious a Father, that will not counted Fanaticks, Iſa. 50. 15. I have
damn me for it; if there were no Hell a dear Reſpect to all God's Command-
nor Judge, I would rather dye than ments ; ſpiritual Joy is no Stranger to
61
PPP
me :
242
The TRYAL' of the R EGICIDE S.
I look upon
me: I love the Word and Ordinances manet
manet ; but their Cauſe requires rather
more than my appointed Food. I de Silence than Eloquence. As for that
ſire that all my Thoughts, Words and againſt Monarchy unaccountable, they
A&ions may pleaſe God, and that all will be aſhamed to oppoſe it; that
that he does may pleaſe me: And I do which touches them, is the ſtating the
freely forgive my Adverſaries, the Lord Caſe, for which I had Vouchers and
herein increale my Faith, Luke 17. 5. Warrants for every Word, but now
and I bleſs God, I have a quiet Con- they plow with our Heiſers; yet great is
ſcience as to the World, and which is the Truth, and that will prevail ; as
good alſo, for being juſtified by Chriſt, for Petitioning, there is not any.
I
apprehended by Faith, I have Peace cannot confeſs any Guilt; it is ſuch a
with God, Rom. 5. 1. And ſo I deſcend Cauſe that the Martyrs would gladly
to the Cauſe for which I am in Bonds, come again from Heaven to ſuffer for,
which is as good as ever it was ; and I if they might ; though too many object
believe there is not a Saint that hath en againſt me, i Pet. 4. 15. Let none of
gaged with us, but will wiſh at the laſt you ſuffer as a Murtherer.
Day, that he had ſealed to the Truth of it as the moſt nobleſt and higheſt Act of
it with his Blood, if thereunto called : Juſtice that our Story can parallel and
for I am fatisfied, that it is the moſt ſo far as I had a Hand in it, never any
noble and glorious Cauſe that hath been one Action in all my Life comes to my
agitated for God and Chriſt ſince the Mind with leſs Regret, or Trouble of
Apoſtolical Times ; being for Truth, Conſcience, than that does; for the
Holineſs and Righteouſneſs, for our Li Blood muſt lye upon him, or the Par-
berties as Men and as Chriſtians, for liament; and I am ſure I had no more
removing of all Yokes and Oppreſſions, Malice in my Heart, than when I was
for a Goſpel Magiſtracy and Miniſtry, in my Cradle: All that I can be ſorry
and not only for the Prieſtly and Pro- for, is, that I had not ſuch pure, and
phetical Offices of Chriſt Jeſus, but for unbyaſs’d Aims, at the Glory of God
his Kingly alſo; the peculiar Light and and Exaltation of Chriſt therein, as I
Work of this Generation being to dif- . fhould have had : I neither did any
cover and oppoſe the Civil and Eccle- thing dubitante, or relu&tante conſcientia;
ſiaſtical Tyrannies intended upon the I was ſo far from a gain-ſaying Con-
Nations by the Pope's Leger-de-main ; ſcience in any thing I acted, that I ne-
to exalt Chriſt as Lord and King over ver ſcrupled in the leaſt, and the Gene-
Mens Conſciences, to magnify and make rality of the People have ſince owned it.
the Law of God honourable and authen I was in Mercy a poor Advocate for
tick cvery where, and to give Juſtice Chriſt, and the People of England ; and
and Mercy the upper-hand. As I hear if by my Blood their Cauſe may be wa-
nothing what they intend to do with tered, I ſay to you and the reſt of the
me, ſo I am not much follicitous about Church of Chriſt, if I be offered upon
it: I do freely truſt God to make what the Sacrifice and Service of your Faith,
Bargain for me he pleaſes. I believe let us rejoice together. It has been
they are as angry with me as any Man counted fhameful for Soldiers to run
in the Nations, becauſe litera fcripta from their Colours, or deſert their Ma-
ſters
The TRIAL of the REGICIDE s. 243
ſters and Principles, but it is more odi- Inchantment againſt Jacob, therefore he
ous for a Counſellor to prevaricate and muſt not be afraid : Iam perſuaded we
betray his Client's Cauſe. I am per ſhall fare the better for the thouſand
ſuaded, that all thoſe that have had a Curſes we had between Chefter and
chief Hand and are now giving Judg. London.
ment againſt themſelves, and all good Now having endeavoured to ſatisfy
People, in all thoſe Points which they you, that the great Work is over, as to
formerly contended for againſt the eternal Salvation, and my Opinion of
King; as the Lawfulneſs of the War, the Goodneſs of our Cauſe; I Thall fur-
which was granted both here and at ther intreat your Patience to tell you,
Edinburgh: The Militia, Negative that I am fully convinced, that next to
Voice, Power to diffolve Parliaments, that unſpeakable Gift of Chriſt, the
conferring great Offices (as King James greateſt Grace and Mercy that God can
ſaid, So long as I make Biſhops and beſtow upon any of us, is to call for and
Judges, I will have what Religion and enable us to lay down our Lives upon
Laws I pleaſe.) As they are moſt abomi this Account ; ſuffering for Chriſt being
nable Prevaricators of the honeſt Intereſt; a ſtrong Argument of his Electing
ſo they will wiſh at the laſt Day, that Love, Aets 9. 15, 16, and a greater
they had been Jews, Turks or Indians ; Matter of Rejoycing, Afts 23. 11. Be
for the greater Light, the greater is their of good cheer Paul; therefore he forbids
Apoſtacy and Ingratitude, 2 Pet. 3. 21. Tears for him upon that ſcore, Aas
and ſure they will have a peculiar Judg. 21. 13. and I have charged my poor
ment by themſelves; for they do openly Lamb not to wear any Bļack for me (if
procliam the Cauſe of Barebbas before ſhe have wherewith to buy it ;) for I
the Cauſe of Jeſus. Peter denied ſhall be in White, Rev. 6. II. The
Chriſt, and Judas betrayed him, but it Apoſtles rejoyced to be counted worthy
was before his Paffion and Afcenfion; to ſuffer Shame for Chriſt, and would
they never faw the wonderful Works
not but ſpeak what they ſaw with the
which our Eyes have beheld : But what Eyes of Faith, and heard with the Ears
ſhall we ſay, if the Treachery of Judas of the Spirit, Aets 4. 20, and 5. 41.
help forward the Work of our Salvation? And Paul gloried in the Tribulation,
Why may we not hope, that God is rejoycing in the Hope of the Glory of
whetting his Tools, and gone back to God, Rom. 5. 23. and took pleaſure in
fetch a greater Blow againſt his Oppreſ- Reproaches, Neceſſity and Perſecutions
ſors: Iſaac muſt not dye, though the for Chriſt, 2 Cor. 12. 10. So Moſes,
Knife be at his Throat, Gen. 12. 14. Heb. 11. 26, for the Recompence of
Our Cafe ſeems to be like theirs under Reward, which is God himlelf, 15. 1.
proud Haman, the Gallows was erected, and the Times cannot be ſo full of Ter-
but the Royal Seed preſerved, Heft. 6. ror and Diſcouragement, as the Scrip-
Numb. 23. The Story of Balaam tures are full of Comfort and Incitations
is much upon my Heart; the Shout of in this Particular to us the Lord's Priſo-
King Jeſus to reign in Holineſs and ners, Matt. 5. 10, 12. Why are we
Righteouſneſs is among his People, I forrowful when Chriſt bids us to be
hope as much as ever ; and there is no joyful ? Matt. 10. 25, 27. There is no
Safety
13. Numb.
2.44
The TRYAL of the REGICI DE S.
Safety but to be on Chriſt's Side, for Leaders ; he is a Coward that will not
the Son of Man ſhall come in his Glory, follow ſuch free Examples; Chriſt and
and the Saints alſo, Mark 8. 33, 38. the Saints behold
the Saints behold you, and ye are wit-
They are not the Words of a Child, neſſes for Chriſt, as they were, but muſt
but of Chriſt ; not ſpoken to affright forſake all Sin, eſpecially your Dalilahs,
us, but for our Animadverſion. O this
O this Herodias, and Rimmon, and ſtrive a-
perfidious Generation ! how will that gainſt it; and ye have need of Patience,
Word be made good to the Amazement but ye will faint and be weary, unleſs
of our timorous Profeffors, John 16.21. ye look unto Jeſus, and fear not, for he
The Axe or a Halter will be leſs Pain is as well the Finiſher of your Faith, as
than the Pangs of Child-birth, John 15. the Father of it; he deſpiſed the Shame,
18, 21. We are in nothing to be terri what need you care if they ſay, behold
fy’d, i Phil. 28. 29. Conſtancy in ſuf the Head, or Heart of a Traitor, when
fering for good Principles is Matter of your becter Part is in Heaven, and re-
Glory in the Churches, and Tribulation proves us for being too parſimonious of
will be the Portion of our Troubles, Blood; we muſt be prepared for our ſuf-
2 Thef. 1. 4. To the End is very pre- fering, cruore ſan&torum rigatur Ecclefia.
cious, i Thed. 3. 8. We live, if we Luther was troubled that he carried his
ſtand faſt in the Lord: I know you, Blood to his Grave; he loved Chriſt's
and my dear Brethren and Siſters are of Croſs more than the Twenty Four Let-
Paul's Mind, if I dye in my Bed, be ters, and loved not half Chriſtians, that
ing a Church Member, you will, by were only for doing, and not for ſuffer-
the Rule of Charity, judge me happy. ing; and though our Sin deſerve Death
I cannot do you more Service, than to as from the Lord, yet our Enemies mind
bear my Witneſs in this Cauſe of Chriſt, them not, they puniſh us for being
wherein you are ſo much concerned; I Judges, Advocates, and Soldiers for
find one Text appropriate to our Con our Lord Jeſus. Pſal. 38. 20.
dition, John 12. 23, to 27. Chriſt's And as the ſpiritual Man overcomes
Death was like ſowing of Corn, which the Animal, ſo I am reaſoning myſelf
ſeemed loſt, but was our Life; ſo he againſt Senſe into a willingneſs to die;
that counts not his Life dear for Chriſt, for either the Times will be better or
though the World count him miſerable, worſe. Is there not in probability, a
yet he hath two ſpecial Promiſes to be great Flood of Oppreſſion and Perſecu-
where Chriſt is, and that the Father will tion coming upon the Godly; will not
nonour him ; it is a following of Chriſt the righteous Soul of a juſt Lot, be vexed
in dying for him, Actively or in Affec with this horrible Prophaneneſs, Ma-
tion, as appears, John 13. 36. 21. 19. lignity, and Contempt of Chriſt's pure
By a Conformity to his Death, Phil. 3. Ordinances that abounds every where;
10. Rev. 14. 3. Some read, which died we have heard Juſtice and Tyranny,
for the Lord, as Rev. 20. 4. and 19. 10. Truth and Falſehood, the Form and the
which now is counted as bad as Treaſon, Power of Godlineſs pleading together ;
Heb. 12. has an ineffable Sweetneſs in and Judgment was given for God and
it, Ch. 11. is the little Book of Mar- his People, but all ſeems to be reverſe:
tyrs; 12, 1, the Spirit ſays, follow your and what was but an injuria or neſcientie
3
before,
The TRYAL of the ReGICIDE.S. 245
before, is now a formal and material Wife, or a Son for their King? And
Contempt, and deſpight to God and how glad are the City, that their Feaſt-
Chriit, and the Spirit of Grace in whom- ings will be revived ? A Popiſh Friar
foever breathing. And what comfort told me lately, That if he were of my
is there in a Son, if the Ark be taken?' Opinion for Affurance of Salvation, he
1 Sam. 4. 20, 21, ſhe regarded it not ; would not willingly live an Hour longer
the Bleſſing is to ſee our Children with for all Ireland : Yet Saints too much
Peace upon Iſrael, Pſal. 128. 5, 6. It fear this grim Porter Death, though
is a Mercy to be taken away from the when executed, we go from the Croſs
Evil to come, Eſay. 57. 1. beſtowed to the Crown, Jam. 1. 12. Indeed it is
upon Joſiah as a Favour, being tender below the Profeffion that we have made,
hearted, 2 Kings 23. 19. 'Tis a rich to be now troubled ; in Proſperity I
Mercy to get into our heavenly Houſe would be a Worm, but now the Lord
and Harbour before the Storm comes, makes us bold as Lions, that being
2 Cor. 5. how much more bleſſed to called to ſuffer after ſo bleſſed an Ex-
give our polluted Blood for his fake, ample, we may think it an Honour to
who ſhed his moſt precious Blood for pledge our Maſter in his own Cup, and
us; and if the times prove good, for commit the keeping of our Souls to him
civil or ſacred Liberties. Moſes envied
Moſes envied in well-doing, as unto a faithful Crea-
not thoſe that were to go into Canaan, tor, i Pet. 2. 21. and 4. 19. for he will
becauſe he was inveſted with a better never leave nor forſake us, but will
Poffeſſion, a heavenly Country, Heb. give us Shoulders to bear what he lays
11. 16. If there be ſuch glorious Times upon us, 1 Cor. 10. 13. Let us there-
to be expected upon Eearth, as you and fore who are the Children of Zion be
I have diſcourſed of, I am ſure there is joyful in our King, as others (who one
no leſs joy in Heaven ; and we that are Day will appear to be Fanaticks indeed)
there, ſhall have no cauſe to envy our rejoice in them, for theſe preſent Suffer-
militant Brethren. Beſides, as for my- ings are not worthy to be compared
ſelf, I can expect to do little for God, with our future Glory, Rom. 8. 18.
I am three Parts dead, Seventy being Sir, I bleſs God I have an invincible
divided into Four, the Shadows of the Peace, and a ſecret Joy furpaffing my
Evening are upon me, and Aches and Expreſſion; and I preſs towards the
Pains are inſeparable Companions; if mark, Pbil. 3. 14. yet divine Cordials
now Chrift ſhould graciouſly accept of are not conſtant, but often ſome faint-
my poor crazy Body, and bring me to ing Fits and Deſpondencies ; the Spirit
an honourable and eaſy Death for him, bloweth where it liſtech ; where it is
bleffed be his Name for ever, I Cor. not comforting, it is ſupporting, Eſay
29. 10, to 16. The Heathen could ſay, 40. 29. and 41. 10. if I were not very
Dulce eſt pro patria mori, pro Chriſto feeble, how could God's Power appear
mori dulciſſimum. How did the Romans in my weakneſs. I bleſs his Name,
glory to die for their Liberties, and af that his Arrows are not within me, nor
ter for the Glory of their Cæfars? And do the Terrors of Death take hold upon
dow glad are the poor Spaniards and me ; as Job 6.4. for I never was better
Muſcovites, that they have a Life, a as to the Frame and Temper of Mind
62
Q99
and
245 The TRIAL of the REGICIDE S.
and Body, than ſince my Reſtraint; lofrians, Col. 1. 9, to 14. being filled
and bleſſed be the Comforter, I am not with Knowledge, Wiſdom, and ſpiri-
long without him. My Couſin Harri. tual Underſtanding, and feeling thoſe
Son is very full of ſpiritual Comfort, (as Grounds of Joy as an Inheritance of
the Gentleman Gaoler tells me) and Light, and Deliverance from the Power
bids me cheer up; and indeed it will be of Darkneſs; that we may be teſtes and
a Mercy, if thoſe who are called forth conteſtes, to agree in our Teſtimonies,
to teſtify for Chriſt prove couragious ; and not diſparage ſo good a Cauſe. 3.
as Jof. 1.9. but truly as for my part, That we may be ready not only to be
it does not lie on that ſide; I fear, left bound, but to die for Chriſt, and the
I may be too much exalted with the Vindication and Juſtification of his
Honour of it; though I know the Evangelical Doctrine. We have made
Lord can foon withdraw. We live by high Profeſſion and Confeſſion of the
Faith, and not by Sight; our Happineſs everlaſting Goſpel, and it is a bleffed
is in our Union, rather than in Com- Thing to believe with the Heart, and
munion and ſenſible Guſts; and I rather confeſs with our Mouths, and in our.
fear a lingring Death with Severity, Lives, and by active Martyrdom, as
fome for Baniſhment, Ezek. 7. 16. &c. Brooke, Ireton,
Brooke, Ireton, Hamden, Pickering,
but let the Lord do with me as he and others have worthily done, who are
pleaſeth, as Joab ſaid, i Chr. 19. 13. fafely arrived, expecting us, and we are
Omnia co operantur in bonum, Rom. 8. yet upon the Waves; but the moſt ex-
28. So having unboſomed my Heartcellent, honourable, rich and fruitful
unto you, that you and ſuch whom you Confeſſion of Chriſt, whereby, we can
judge faithful and ſecret, may the bet make the moſt efficacious Demonſtration
ter ſpread my Condition before the of our Election and Faith in Chriſt, and
Lord, I would intreat you to beg for Love in his glorious Perſon, with moſt
me more particularly, 1. That God ſupreme Illuſtration of God's Glory, is
would ſet home upon my Heart, and to lay down our Lives as the Martyrs
fulfill in me with Power your ſweet did, to ſeal and confirm the Truth of
Scripture, (for which I heartily thank our Profeſſions with our Blood, for the
you) 2 Tim. 1. 7, 8, 9, 12. that I may Cauſe of Chriſt, and Safety of our Bre-
not be afraid of their Terrors, but may thren, Rom. 16. 4. 1 John 3. 16. as
fanctify the Lord at that Time, and be our bleſſed Maſter, after he had confeffed
able to anſwer all Oppoſers, that they and preached the Glory of God, and
may be aſhamed when we ſuffer for our Salvation, confirmed and approved
well-doing, 1 Pet. 3. 14, to 18. 2. all by Miracles, and his moſt holy Life,
That I and the reft of our Brethren and made a good Confeffion under Pontius
Companions in Tribulation, and in the Pilale, i Tim. 6. 13. without which all
Kingdom and Patience of Jeſus Chriſt, had been ineffectual. So I have often
for the Word of God and his Teſtimo- thought for the diſcovery of Hypocrites,
ny, may be ſtrengthned with all might, cementing of the Saints in more concor-
according to Chriſt's glorious Power, ding Affections, trial of Faith, exerciſing
unto all patience and long-ſuffering with of Patience, and Love to Chriſt, and
joyfulneis, as Paul prayed for the Co for many other glorious Ends, God
would
$
The TRIAL of the RBGICI D E S.
247
would call for ſome of his Children's that I ſhall be put down into the Hole
Blood, which will be the greater Favour for Non-payment of great Fees: My
to them whom he ſhall count worthy of comfort is, that God will be with me;
it, becauſe I think this will rather be a there they cannot ſhut out God's Spirit
Julian, than a Neronian Perſecution; from me, which is an everlaſting Jubi-
always provided that we be found in the lee: Nor will chat be ſo bad, as Jere.
Doctrine of the Covenant of Grace ; miah's Dungeon, nor as Joſeph's Irons
that God does not love us, becauſe we which entered into his Soul; though
live foberly, righteouſly, and godly,
righteouſly, and godly, indeed we are ſold by our Brethren as
in this preſent World, and are willing Joſeph was, that the Scripture may be
to forſake all, and loſe our Lives for fulfilled, The Brother Mall deliver up
him : But becauſe he loves us, and has the Brother to Death, Macth. 10. 21.
ſingled us out from the World, there I know not how to conclude, not
fore he enables us ſo to live, and to do knowing when I may have another
ſingular Things for his Honour and Opportunity to converſe with you ; I
Glory, and willingly to follow the Lamb am overjoyed to think they cannot
whitherſoever be goeth, Rev. 14. 4. for reach my Soul, and that our Cauſe is
the love of Chriſt conſtraineth us, 2 Cor. invincible; and it will be a Happineſs,
5. 14. O that we had more enlarged if God ſee it good that none might fuf-
Hearts for our King Jeſus! 4. (That fer Death, but ſuch whoſe Souls are out
you may fully hit my Condition) I have
of danger ; but being upon the Account
fome trouble upon me concerning the of civil Liberties, as well as ſpiritual,
Lofs of my temporal Eſtate, eſpecially our only wiſe Father will order all for
for my poor tender loving Wife and his own Glory, and this only ſilences
Child. I was a Purchaſer, and had a all Murmuring; and Maſter, ſave thy-,
Stock of Cattle ; and being wrongfully felf; that what he pleaſes muſt needs be
made Priſoner two Months before any beſt for us; he being Infinite Wiſdom,
Speech a King, I was ſurprized, and Love, Power and Goodneſs. Had the
could ſave nothing, nor get 201. of King made his way by the Sword, we
my Eſtate ſince Michaelmas laft. They
They might expect his foreſt Strokes ; but
promiſed to bear my Charges to London, for the Men of Keilah to deliver us up,
but at Cheſter I was forced to borrow for the Parliament to ſacrifice us, theſe
Money, or muſt have come a-foot : Men that Gt by a Commonwealth Writ,
Therefore pray be earneſt with the for whoſe Privileges we adventur’d our
Lord, that we may take the Spoiling All, and who cannot condemn us but
of our Goods more joyfully, knowing muſt give up the Cauſe, and give Judg-
that we have in Heaven a better and ment againſt themſelves, and all the
an enduring Subſtance, Heb. 10. 34. good People of the Nation : Let the
and that we may not faint at theſe mo Indians judge of it. If any of the Elect
mentary Afflictions, which work fo think hardly of us, that we do not cry
well for us, (wherein Riches and Ho- peccavi, and make our Recantation ; it
nours are not ſo) according to that Paſ will not laſt long, and it is no matter
ſage, 2 Cor. 4. 3 laſt Verſes, and be what others ſay, for they muſt receive
affected with eternal Joys. It is ſaid, their. Judgment at the Bar of Chriſt, and
of
we
248
The TRTA E of the R EGICI DE S.
we ſhall judge our Judges; therefore let tains, and Dukes of Edom, ſhall wiſh
us not entertain Damps of Deſponden- the Mountains and Rocks to fall upon
cies. · My rejoycing is in a God, a good them, Rev. 5. 16. I bleſs God, my
Cauſe, a good Conſcience ; I have the poor Wife does much encourage mo,
Jaſtice of Heaven on my fide, and to be faithful to the Death ; and ſhe is
God's loving-kindneſs which is better a Meet-helper indeed, who helps her
than Life ; If we find Injuſtice and Huſband ſo to Heaven, as in a fiery
Cruelty here, Men's Laws at Weſtmin- Chariot ; ſhe is one who bears an un-
fter will be adjudged Treaſon in Hea- feigned Love to Chriſt and all the Saints;
ven, it will not be long before all Tears I intreat your tender Care of her and
ſhall be wiped from our Eyes ; and if my Child; providebit Deus, Jer. 49.
our Innocencies be not vindicated, and ii. I ſhall leave her that Scripture ;
cleared up in this Life, as Job's, Mor and Efa. 54. 5, to 8. which they can-
decai's, Joſeph's, Daniel's, and Suſan- not take away by Confiſcation. When
na's were, yet at the Revelation of the we were in the Storm, we took our
righteous Judgment of God, it will ap Leaves each of the other; and tho' we
pear before Men and Angels, that we have not paid our Vows at Bethel, yet I
are not Traytors, nor Murtherers, nor truſt (as was then promiſed) we ſhall be
Phanaticks, but true Chriſtians, and willing to go to Chriſt, if he call thro'
good Commonwealth's Men, fixt and a Sea of Blood. But, О the infinite
conſtant to the Principles of Sanctity, Wiſdom and Love of God, and the
Truth, Juſtice, and Mercy, which the unſearchable Riches of his Grace ; that
Parliament and Army declared and en if I had been drowned, the Malignants
gaged in ; and to that noble Principle would have faid, Though he eſcaped by
of preferring the Univerſality, before a Land, yet divine Vengeance overtook
Particularity, that we fought the pub- him at Sea ; that now he ſhould vouch-
lick Good, and would have infranchi- fafe me (poor me, as Gideon ſaid, Judg.
zed the People, and ſecured the Welfare 6. 15. one of the meaneſt Lawyers in
of the whole groaning Creation, if the Weſtminſter-Hall) the Honour of Bonds,
Nation had not more delighted in Ser for being an Advocate for my bleſſed
vitude than in Freedom. And if we Advocate, and the good People of Eng ·
now ſuffer a Martyrdom of Body, we land.
thall be ſome of the Souls under the I have been the larger, not knowing
Altar, crying, How long, O Lord, boly what uſe this may be of, if my
Mouth
and true ; and though we can patiently ſhould be ſtopp'd ; if you hear any Re-
digeft their Tortures, and leave all Ven- port of me contrary hereunto, believe it
geance to whom it belongs, yet who not ; ſo you have my Heart, and I had
knows but that our Blood may be their rather be buried alive, than my Tongue
Poiſon ; but then after all unjuſt Sen or Hand ſhould differ from it. O
pray
tences of Men, how ſweet and honoura- much for me, and pray again, and
ble will the Judgment of Chriſt be, mend your Prayers, as I have great need
Matth. 25. (Euge bone ſerve) of enter to do, if you did know what pitiful
ing into our Maſter's Joy, when the poor ſhort and confuſed Prayers I make
Kings of the Earth, and the chief Cap. in a Day; yet, Father, into thy Hands
4
I com-
The TRYA Ľ of the RēGICIDES.
249
I commend my Spirit, is a Prayer, no do not ſerve us, but God ſuſtains us in
Period better than Prayer ; therefore them, and by them, ſo our Affections
now unto him that is able to keep you and Deſires muſt not be fixed upon
(and me) from falling, and to preſent them, but terminate in. God; as the
you (and me) Faultleſs, before the pre Waters in the River never reſt till they
lence of his Glory with exceeding Joy ; return to the Sea, ſo our Loves muſt
To the only wiſe God our Saviour, be coly paſs by the Creatures, and ſettle in
Glory and Majeſty, Dominion and God; and the more we ſee the Image
Power, now and for ever, Amen. of God in any one, there our Love is
to be moſt in the Lord, and for his
Yours for ever in our dear Redeemer, fake; this Love is the greateſt Weight
of our Souls, and transforms into the
JOHN Cooke. Nature of the Thing beloved ; let us
endeavour to put out more Acts of Love
A Letter written by Mr. Ju-
to God in Chriſt, Cant. 1. 16.
2. From thoſe Words, My fleſh and
ſtice COOKE, from the my heart faileth me, but God is the
Tower to his Wife.
ſtrength of my heart; the chief Reſidence
of the Soul being in the Heart, I ob-
ſerve, That there is ſomething more
Y dear Lamb, bleſſed be God, dear to a Saint than his own Soul, which
for Jeſus Chriſt, and for a Pri- is the Soul of his Soul, and the Life of
fon, where I find much of his comfort- his Life, and that is Jeſus Chriſt, who
ing Preſence; tell Siſter Jones, that ſhe dwelleth in our Souls by his Spirit,
keeps but two or three Sabbaths in a Rom. 8. 10, 11. for as the Body is dead
Week, but in a Priſon every Day is a when the Soul leaves it, ſo the Soul is
Chriſtian Sabbath, not only to ceaſe dead without Chriſt : Which may teach
from Sin, but to praiſe God, ſinging us two Leſſons: 1. To love Chriſt more
Hoſannahs and Hallelujahs. I can but than our own Lives or Relations, be-
ſmile to think that they cannot hinder cauſe he is the Soul of our Souls; this
me from Preaching, for I preach twice did
did Moſes, Exod. 32. 32. and Paul,
every Day to myſelf; and Yeſterday, Rom. 9. 3. they preferred the Glory of
bleſſed be the Comforter, my Heart God in the Salvation of their Brethren
was brimful of Joy and Conſolation, before their own Souls, lif it could have
from Pſal. 73. 25, 26, wherein I obſer been, which is a Chriſtian Duty, tho'
ved three Points, or doctrinal Conclu-
very hard ; and if divine Juſtice ſhould
fions.
ſay to us at the great Day, the Soul that
1. That a Saint Mould love and eſteem fins muſt die: We may ſay, why then
nothing but God, and for God. All Dir. did God puniſh our Lord Jeſus, who
courſe is vain, but what aims and tends is the Soul of our Souls, more dear to us
to God's Glory; i Cor. 10. 31, a Huf than our Souls? And if God had ſeen it
band, Wife, Child, Friends, and all good, we had rather have ſuffer_d in
Creature-comforts are to be loved ſo far our own perſons to have ſaved him ;
as we fee God in them; as the Creatures but we not being able to undergo the
Rrr
Wrath
M
63
250
The TRYAL of the REGICID E 8.
Wrath of God, that innocent and im. the Saints are all that while in Heaven,
maculate Lamb was put to Death, who and ſhall be there for ever.
And if a
is the Heart of our Hearts, the Soul of Man might be always Young, and live
our Souls, and the Spirit of our Spirits; here for ever, if ſuch a Thing were pol-
for Juſtice is more than abundantly ſatis. fible, yet could not that content him,
fied, much more than if our Wills, becauſe he is capable of God: And if it
Souls, and Bodies had ſuffered, and the were put to the Choice of an illuminate
Debt was all paid together, which had Chriſtian, whether to live here a 1000
always been paying if we had gone to Years in Health, Wealth, and all that
Hell; for as to Chriſt, our Salvation is Soul and Body can deſire, or to be in
all Peace, ſtrict Juſtice, who felt no Heaven but one Day, he ought to chure
thing but Extremity; the Father would the latter, Pſal. 48, fo one Minute be-
noc ſpare him, Rom. 8. 32. but as to ing in Heaven, is to be preferred before
us, it is all Mercy that his Satisfaction a Perpetuity of all worldly Pleaſure ;
ſhould be accepted for us, and that thee for to be abſent from the Lord, is more
and me, and dear Daughter too ; and grievous than all human Delights can
ſweet Love I truſt ſhould be Veſſels of be comfortable; if it were but a pretty
that Mercy and free Grace: O bleſſed good Condition, if Men were fure al-
be his glorious Name for ever.
ways ſo to continue, it would be com-
3. My Meditations were principally fortable: Thefore to think of an ever-
carried out upon the Joys of Heaven; laſting Crown of Glory, is a Soul-melt-
and from theſe Words, Whom have I ing Confideration.
in Heaven but thee? And thou art my If then this Life be but a Minute in
Portion for ever; I was raviſhed with compariſon of the perpetual Life of the
this Conſideration, That the "You's of bleſſed Souls in Heaven ; how greatly
Heaven are eternal: Orthus, The Saints
are they to be blamed, that for a little
Pleaſures have a Beginning, but no End vain Honour, Aattering Pleaſure, or the
ing. No doubt but this is infinite Mat momentary ſinful Delights of this World,
ter of Joy to Abraham, and all the Saints ſquander away their precious Souls. 2.
in Heaven, to think that they ſhall con As the Joys of Heaven are eternal, ſo
tinue in their Joy and Glory, not 1000, they are exceeding great. If the Men
or 100go Millions of Years only, but of the World which have their Portion
for ever ; that when they have been here, have ſuch ſtately Houſes, and
there 100000 Millions of Millions of pleaſant Palaces and Delights, ſhall we
Years, as to what remains it will not be not think that God hath provided in-
a Minute, but then we begin our Feli eftimable Treaſures and Pleaſures in the
city; therefore Chriſt calls it a Life World to come, for his Children? For,
eternal, Matth. 25. 46. Therefore if a who do earthly Parents treaſure up for,
Man could live here 100000 Millions but for their Children? But if we could
of Years, and enjoy his Heart's Deſire, but apprehend what they are, they were
and all the Variety of Pleaſures which not the Joys of Heaven, for no Heart
this World can afford, and afterwards can conceive what God hath prepared for
be deprived of Paradiſe, or be damned, them that love him, 1 Cor. 2.9. the Eye
what a fad Bargain would that be ? But hath feen much, and the Ear heard
more,
The TRIAL of the ReGICID E S. 25 1
more, and the Heart may conceive much thruſt out, (poor Saint-haters, that now
more; but eternal Pleaſures are incon- perſecute the Heirs of Glory, and ſcorn
ceivable; yet the ſpiritual Eye hath their Companies, would then fain crowd
ſome Glimpſe of it. A poor Saint finds into Heaven with then) much more the
more folid Zeal and Joy in a crucified Elect themſelves : But the Difficulty is,
Chriſt, poor and naked, and defpifed how we can ſee Spirits with bodily Eyes,
in the World, than all the Dukes of and Bodies with ſpiritual Eyes. I rather
Edom, their rich and glorious Pomp and think, that Job 19.25, 27. is to be un-
Magnificence: But all the Saints living derſtood of Jeſus Chriſt, whom Job ſhall
here, have not ſo much Joy and Splen- fee with the Eyes of his Body; and by
dour, as the leaſt Saint hath in Heaven. the Eyes of our Souls, we ſhall fee God
The Scripture mentions three Heavens ; the Father, and the bleſſed Spirits; and
where the Fowls are, the ſtarry Hea our Comfort is, that we ſhall for ever be
ven, and the Heaven of Heavens, i with the Lord. But here the Scripture
Kings 8. 27. The Sun is conceived to has no Tongue to ſpeak; we muſt not
be 300 Times bigger than the Earth, too curiously enquire for Knowledge ;
and every Star bigger than this lower it is a wonderful Expreſſion, we ſhall
World, and that all the Earth is but a know even as we are known ; God knows
Mote, and not ſo big as a Fly, in com us perfectly, and what ſhall be our laſt
pariſon of the Imperial Celeſtial Hea- Thoughts, Pfal. 139.1, 2. All the Saints
ven, where the Souls of the Saints are upon Earth do not know ſo much as one
with God and Chriſt; and by the large- Saint in Heaven, where Faith is turned
neſs of the Place, we may gueſs at the into Viſion, and Hope into Fruition,
greatneſs of the Joys and Pleaſures; then ſhall we know the Love of Chriſt,
that the Elect are but few, in compariſon which paffeth all Knowledge here be-
of thoſe who ſhall be turned into Hell, low, Ephef. 3. 19. how all the Love
Pſal. 9. 17. as it were thruſt into a Hole that ever God vouchſafed to the World,
together, Matth. 25. 23. our Lord's Joy is but a Spark to the Oven red-hot, in
can be no little Joy, and it is too big to compariſon of giving Chriſt; but I be-
enter into it. Next, I conſider wherein lieve we ſhall never know God compre-
the Subſtance and Eſſence of heavenly henſively, (but apprehenſively) that is,
Joys does properly confift; by 1 Cor. ſo much of his Glory, as we ſhall never
13. 12. it ſeems to be much in Sight know more, for there will be new
and Knowledge.
Springs and freſh Diſcoveries of his in-
1. For Sight: To ſee God Face to finite Grace, Glory, Goodneſs and Per-
Face; to ſee the beautiful Perſon of our fections ſtreaming forth continually to
dear Lord Jeſus ; to ſee all the bleſſed us, that will be as everlaſting Fountains
Saints and Angels, and to be one of of Joy, and glorious rejoycing to our
them, how joyful is the Thought Souls and Bodies; as one at Sea ſees a
of it; for if the damned (between great way, but not to the End or Bot-
whom and the Saints there is a great tom of the Sea; for we ſhall know as
Gulph fixed, Luke 16. 26.) ſhall ſee A. much of God, as our Heads can hold,
braban and Prophets in the Kingdom of and love God as much as our Hearts
God, Luke 13, 28. when themſelves are can contain ; and no doubt but there
are
25% The TRYAL of the REGICIDE S.
are different Degrees of Glory in Hea makes ſo many to oppoſe the Way of
ven, as the Saints know more or leſs of Truth and Holineſs : So the Sight of
Gost; whereas when Verrels of ſeveral divine glorious Beauty, and the Know-
Sizes are caſt into the Sea, they are all ledge of infinite Wiſdom, Power, Love,
full, but ſome hold more than others. and Goodneſs in Chriſt, cauſes the Soul
God works upon our Hearts, as En to love God, and Chriſt, and the Spi-
gravers upon Gold and Marble ; and rit, much better than itſelf: For if the
the more of his Image he ſtamps upon Spouſe be ſick of Love here, Cant. 5.8.
us in this Life, the liker ſhall we be to and if the Fire of Love conſtrain mili-
him in Glory; but every Saint ſhall have tant Saints not to live to themſelves,
his own Fulneſs of Knowledge.
Cor. 5. 14. Ingenuity being the great
3. I think that heavenly Joy does Principle of the Goſpel, not to work for
much confiſt in the Will, in the Tranf- Life, but from Life; and to do all from
formation of our Wills into the Will of a Spirit of Love, much more the Saints
God; for as we heard an excellent Ser- triumphant: But the more I think of
mon from 1 Cor. 6. 17. at Northamplon, this bleſſed State of Glorification, the
he that is joyned unto the Lord is one more I ani at a Loſs in it, Pfal. 16. 11.
Spirit ; fo I believe that myftical One In God's preſence there is fulneſs of joy,
nels which our dear Lord fo ſweetly and at his right-hand there are pleaſures
prayed for, John 17. 11, 21, 22. is for evermore. And David ſays, Pfal.
meant of Oneneſs in Will and Affections, 123. That they that be wiſe, ſhall ſhine as
when the Soul ſhall have all that it can the brightneſs of the firmament, and as
deſire, and nothing but what it does de- the ſtars for ever and ever: But one ſtar
fire, and ſhall Will nothing but what differeth from another in glory. And
God Wills, and not only to be ſatisfied Matt'. 13. 43. The righteous Mall ſhine
with the Will of God, but to taſte a as the Sun in the kingdom of their Father.
ſweet Complacency and Delight in it, And our Lord ſays, In my Father's houſe
that it is infinitely beſt to be there. are many manſions: And Paul calls it,
4. This transforming of the Will pro- A far more exceeding and eternal weight
ceeds from the Apprehenſion of divine of glory; 2 Cor. 4. 17. And a building
Love, where the Soul finds that God of God, a houſe not made with hands,
hath loved it from all Eternity, that his eternal in the Heavens, where we Mall
Eye and his Heart are perpetually upon be, so soon as the ſoul parts from the
it for good, and knows that it is a free, Body, 2 Cor. 5. 1, 8. And that it is an
pure, unchangeable, and eternal Love, Inheritance in Light, all Light and no
this cauſes an Eternity of Joy; and as Darkneſs, 1 Colol. 12. And that the
Love is the ſweeteſt Grace in the Heart, Saints ſhall judge the World ; and when
(the very Sugar of the Soul) that makes Chriſt fhall appear, we ſhall be like
a Heaven upon Earth, where it is with him; for we ſhall ſee him as he is, I
out Diffimulation, and ſpiritual ; ſo hea- John 3. 2. in the new Jeruſalem there
venly Joy will conſiſt much in Love, ſhall be no Sorrow, no Crying, no Pain,
which muſt needs flow from Sight and Rev. 2 1 4. and the Gates of the Cicy
Knowledge ; for as Pcul ſays, 1 Cor. are Pearls, and the Street is
pure
Gold;
2. 8. it is only Ignorance of God that ver. 21. the Glory of God lightens it,
3
and
The TRYAĽ of the ReGICIDE S.
253
and the Lamb is the Light thereof; pleafant, but a Man will covet to ſe
ver. 22. in it there is a pure River of that which is more lovely, and taſte
Water of Life, and a Tree of Life, ſweeter, Ecclef. 1. 8. Stuły that Book
which bears Fruit every Month, Rev. and Canticles well, that the Spirit may
22. 1, 2. and there ſhall be no Curſes convince us of the Vanity and Vexation
there, and there ſhall be no Night, and of all Creature Delights, and of the
we ſhall reign for ever and ever, ver. 5. Fulneſs and Excellency that is in Jelus
All theſe are Soul-raviſhing Conſidera Chrift. The beſt Condition in this
tions, and I have luck'd much Comfort Life is but a bitter-ſweeting; all our
from them. Pfal. 17. 15. I ſhall be ſa Comforts are impure, inixt with Worm-
tisfied when I awake with thy Likeneſs: wood: No Roſe without a Thorn; and
And i Thell
. 5. 10. who died for us, the bitter is more than the ſweet ; but
that whether we wake or ſleep, we in Heaven, all our Delights are pure
ſhould live together with him : There and unmixed; there is perfect Joy
fore let us comfort ourſelves, and edify without any Grief, folid Comforts and
one another with theſe Words, and Mr. no afflictive Miſery; no Envy, no
Burton's Text, Heb. 12. 22, 23. it is Emulation, which abounds here; for
ſweet alſo to conſider of the Glory of every Saint has what his Heart can de-
the Body; I Cor. 15. 42, 43. it ſhall fire: It is a Sinleſs, Sorrowleſs, Temp-
be an incorruptible, glorious, powerful, tationleſs, Oppreſſionleſs, Sickleſs,
fpiritual Body; there will be Charity, Timeleſs, and Endleſs Eſtate, where
Agility, Penetrability, Impaſſibility, being once arrived we ſhall never fear
no Hunger, no Cold, it ſhall be faſhionparting any more; therefore (my dear
ed like unto Chriſt's glorious Body, Sweeting) let us wait patiently and
Pbil. 3. 20. What a Comfort is it to chearfully for that bleſſed Tranſlation
thee and me, chat have ſuch crazy Bo- from Earth to Heaven. We muſt be-
dies! Ulcerous Lazarus ſhall be as gin our Heaven here, the more pre-
found as a Filh; and we ſhall have an pared to die, the fitter we are to live ;
everlaſting Spring of Health and Strength, lo let us live, fo let us die, that we
which ſhall never decay.
may live eternally. If thee likeſt fuch
Uſe. Let this teach us more to mind poor Breathings and broken Medita-
Eternity, to ſtudy the Joys of Heaven, tions, thee may'ſt command more of
that we may receive a full Reward, 2. them. I leave thee, and me, and my
Epheſ. to 8. as Mr. Whitfield once ex dear Child, and our Chriſtian Relations,
horted Oliver, in every Thing to mind with thee, in his Arms, who is in Hea-
and eye Eternity ; for they are the ven at the Right hand of the Father ;
brave Men and Women that will be ſo therefore we need nor fear what Man
at that Day. The Pleaſures of this can do unto us, Ifa. 51. 12. To him,
World are lo far from fatisfying the I am thine for ever.
Underſtanding and Will, which are
capable of God, that they cannot ſatisfy Thy Loving Huſband, during this Life,
any one Senſe; never any Mufick ſo
ſweet, but a Man will deſire to hear bet-
JOHN COOKE.
ter, no Object ſo beautiful, no Meat ſo
64
Sir
An
254 The TRYAL of the REGICID E s.
a
the Ladder, to bear my Teſtimony for
Another Letter from Mr. Telus Chriſt to all his Offices, and for
Goſpel Magiſtracy and Miniſtry, and
COOKE to a Friend after to ſpeak fomething ſo far as God ſhall
Condemnation.
enable, and will be permitted, for the
good Old Cauſe of Righteouſneſs and
Holineſs. I can at preſent only leave
Ęır Brother, beloved in the Lord, my dear Love and Reſpects for
and
this is my Cordial Farewel to you and not doubting but that we ſhall ſhortly
all Saints, from my Heremiah's Priſon; meei in eternal Glory. Company ſo
To morrow I ſhall be in eternal Glory, ſpends me, that I can write no more:
in the Boſom of Chriſt, where our Fa- I ſhall ſuddenly enter into the Joy of
ther Abraham is, and a Guard of Angels the Lord; Obleſſed be his Name,
will convey my Soul thither. Never bleſſed be the Comforter, my Soul is
let God's People fear a Priſon any more,
full of Conſolation. Farewel, farewel,
for the Lord's ſupporting or comforting Renede in Paradiſo. Yours for ever,
Spirit hath not been abſent from me
ſince my Indictment. I writ a Letter
JOHN COOKE.
to you formerly, acquainting you with
my ſpiritual Condition, to which I re For my dear Brother F.
fer you: And fearing left Wrong may
be done to the Cauſe when I am in Hea-
ven, I chink fit to leave a few Words
with my deareſt Love to all Chriſtian
Friends.
Some Notes taken of a Sermon
1. Upon my Trial it came to this, Preached by Mr. Hugh Peters,
that the Judges ſaid, That all have been the 14th of O&tober, 1660. (after
guilly of Treaſon fince 1642, ſo that the
his Condemnation) in the Priſon
Lords and Commons are not to medule
of Newgate, wherein lie was
with the King. I ſaid, That I acted
obedientially by Order from the Houſe
much interrupted, by the coming
of Commons, and the Commons being
in, and going forth, of Strangers
the Reprelen tatives of the People cannot
that came to ſee him, and the o-
commit Treifon ; for there can be no ther Priſoners in the Room with
Trial of all the people. And as for any him, and ſo was conſtrained to
Force upon the Houſe in 1648. they break off the ſooner : And though
were the only Judges of it, and no In-
they are buit brief Heads, yet
ferior Court can judge of the L3wfulneſs
or Unlawfulneſs of their Acts or Orders.
thought convenient here to inſert
But they ſaid, All our Acts or Orders
them, for the better Satisfaction of
are Treaſon. So that now it is brought any, touching the Frame of Mr.
to that it was in 1642.
Hugh Peters at that Time. This
2. I intend by God's Aliſtance, upon
Diſcourſe was from,
yet it's
The TRUAL of the RegICIDE S. 255
Esc.
PSAL. xlii. ver. II.
at together, Name, Eſtate, Relations,
and Life itſelf.
Why art thou caſt down, O my Soul?
And why art thou diſquieted within
Fifihly, When A Mictions are of long
Continuance; a Man can bear that Bur-
me ? Hope thou in God, for I ſhall then a while, that he cannot ſtand under
yet praiſe him, who is the Health long.
of my Countenance, and my God. Sixthly,. When AMictions fall upon
the nobleſt Part of Man, which is his
AL
FTER Analyſing the Pſalm, he Soul, then are Deſpondencies apt to
A obſerved this Doctrine.
come in.
Doctrine. That the beſt of God's Peo Seventhly, When we have more Senſe
ple are apt to be deſponding.
than Faith.
This was the Man's Cale in the whole Now it ſhould not be ro, God's
88th Pſalm.
People ought not to deſpond,
Allo David's Cale, when he con 1. Becauſe it diſcovers Impatiency.
plained of the breaking of his Bones, 2. Becauſe it diſcovers Want of
&c.
Faith ; they lean not upon the Rock
This was Chriſt's Caſe himſelf, when that will not fail then.
he cryed out, My God, my God, why 3. It diſcovers Want of Wiſdom,
baſt thou forſaken me?
The Reaſons why the beſt of God's 4. We ſhould not be thus, becauſe it
People are apt to Defpondencies, are, gratifies the Enemy, who in ſuch a Cale
Firſt, When ſomething falls out is ready to upbraid us, and ſay, Where
from God more than ordinary, when
is now their God? What is become of
God puts weight in Sorrow and AMic their God?
tion, that makes it ſinking : Although
Now what Cure and Remedies are
that Afflictions are heavy of themſelves there for defponding?
many times, yet it's the Weight that This Eleventh Verſe gives you
God put's in Sorrow, that makes it Two.
Firſt, Hope in God, Hope thou in
Secondly. Over-valuing our Conforts, God.
putting too much upon Wife, Children Secondly, Faith is ſet on work; I ſkall
Eſtate, or Life itſelf; a Man is apt to get praiſe him, &c.
be caſt down when he thinks of parting But more particularly take theſe
with them.
Directions.
Thirdly, Our Unpreparedneſs for Suf 1. Be careful of exerciſing Faith, for
ferings, and AMictions, that makes us no Condition of Man ſuperſedes his
defpond. Alas, I thought not of it, Faith, do all in Faith, pray in Faith,
fay fome, it's come unexpectedly upon and hear in Faith, &c. Now what is
the Exerciſe of Faith but rowling upon
Fourthly, We are apt to deſpond Chriſt, and ſtaying on him: Here I'll
when our AMictions are many, when ſtick, if I periſh, I periſh ?
they are Multitudes, when all is ſtruck The Miſcarriage of Chriſtians, is ei.
ther
ſink us.
jne.
256
The TRIAL of the RegiCI DE S.
ther becauſe they have no Faith; or ſired of the Lord, and that will I ſeek
elſe, becauſe, if they have Faith, they after, that I may dwell in the Houſe of
give it not Food to live upon. Faith the Lord all the Days of my Life, &c.
muſt go to Chriſt, as the Liver-Vein, For in the time of Trouble he ſhall hide
and fetch Blood and Life thence. We me in his Pavilion, in the Secret of his
quarrel that we have not love, and Tabernacle, ſhall he hide me; he ſhall
Patience, and Meekneſs, &c. But the ſet me upon a Rock; and now ſhall my
Defect lies in our Faith; if we had more Head be lifted up above mine Ene nies
Faith, we ſhould have more of all other round about me, &c. - The greateſt
Graces.
Fears are diſpelled there — you ſhall
Now what is the Food of Faith? find before Troubles paſs over (for you
Anſw. Faith will not feed upon every expect fome) it will be a hard matter to
Diſh, not on a ſtalled Ox orfatted break Churches, they are ſo fait chained
Calf: Proſperity is not Faith's Food.
together, and yet there hath been mar-
But it will eat a Word, live upon Pro- vellous Miſcarriages amongſt Saints in
mifes; theſe nourish Faith, I will never their Church Relations.
leave thee nur forſake thee; all Things
mall work together for Good; and the
He alſo, during his Impriſonment in
like Promiſes.
the Tower, wrote fome Sheets of Paper
2. Be marvellouſly careful of Things to his daughter, leaving them with her,
below, meaſure Things not by Sente,
as his laft Legacy, containing in it,
or by a Day, but by Faith, and Eterni very much found and wholſome Advice,
We are troubled at the Loſs of
as to her Soul's Health. It carries with
ty.
this and l'other Creature-Comfort : But
it ſuch a Savour as denotes it proceeds
what's the Value of them? The over-
from a Spirit that hath learned Experi-
valuing Things is our Miſchief.
ence in Chrift's School, and hath been
3. Go, and tell the Lord Chriit, I acquainted ſometimes with Sun-lhine as
have a defiled Conſcience, and if thou
well as foul Weather: le's too long
doſt not waſh me, I am undone for
here to be inſerted, but if it be made
See the Neceſſity and Worth of publick by itlelt, doubtleſs the experi-
Chriſt; there muſt be ſomething better enced Reader will be no Lofer by peru-
to look at, than what we loſe for the ſing this Legacy.
preſent, ſomething above Eſtate, and
Life, and Relations, and Name. See Some Memorable Paljages of Mr.
the Worth of Chriſt's Blood, it's worth
all the World; becaule what the Blood
Hugh PETERS, in his Im-
of Bulls and Goats could not do, his priſonment at Newgate, and
Blood doth cleanſe from all Sin.
at the Time of his Execution
4. Keep cloſe to the Uſe of Ordinan-
ces; much of our Miſchief hath come at Charing-Croſs, Oct. 16.
from Neglects of this Kind ; the Safety 1660.
of a Chriſtian lies in the Enjoyment of
Church-Communion. Pfal. 27, 4, 5,
R. Peters, as well known, was
and 6 Verſes. One Thing I have de-
exerciſed under a great Con-
5
flict
ever.
M
The TRY A L of the REGICIDE S.
257
5
Aict in his own Spirit, during the Time to bear up with much Courage againſt
of his Impriſonment, fearing (as he the Inſinuation of that Sort of Men ;
would often ſay) that he ſhould not go and told them, he had no Cauſe in the
through his Sufferings with Courage and leaſt to repent of his adhering to that
Comfort ; and ſaid to Friends, That he Intereſt, but rather, that he had in the
was ſomewhat unprepared for Death, Proſecution thereof done no more for
and therefore unwilling to dye: Some God and his People in theſe Nations
thing he ſaid he had committed, and and with Civility diſmiſſing thoſe Viſi-
other things omitted, which troubled tants, he applied himſelf to ſome other
him ; but though it was a cloudy and Miniſters then preſent, whom he judged
dark Day with him for a Seaſon, yet the more able to ſpeak a word in reaſon to
Light of God's Grace and Favour would him under theſe great Tryals, where-
break forth at laſt.
with the Lord was then pleaſed to exer-
And ſurely the Favour of God did at cife him,
the laſt appear; for a little before he Being carried upon the Sledge to
went forth to Execution (as many can
Execution, and made to fit therein
teſtify) he was well compoſed in his within the Rails at Charing Croſs, to
Spirit, and chearfully ſaid, I thank behold the Execution of Mr. Cooke
God, now I can dye; I can look Death one comes to him, and upbraided him
in the Face, and not be afraid.
with the Death of the King, bidding
As for that ſlanderous Report which him (with opprobrious Language) to
was much received, by good People as repent: He replied, Friend, you do
well as bad, to wit, that he was guil- not well to trample upon a dying Man;
ty of Uncleanneſs: A Friend coming you are greatly miſtaken, I had nothing
to him in Priſon, put that Queſtion ſe to do in the Death of the King.
riouſly and ſoberly to his Soul; to When Mr. Cooke was cut down, and
which he reply'd, that he bleſſed the brought to be quarter'd, one they called
Lord, he was wholly clear in that Mat Colonel Turner, called to the Sheriff's
ter, and that he never knew any Wo- Men to bring Mr. Peters near, that he
man but his own Wife.
might ſee it; and by and by the Hang-
A Night or two before he ſuffer'd, man came to him, all beſmeared in
two of the Epiſcopal Clergy, who, as Blood, and rubbing his Bloody Hands
ſome report, were the King's Chaplains, together, he (tauntingly) aſked, Come,
came to give him a Viſit. They endea how do you like this, Mr. Peters?
voured to make Advantage of the pre-
How do you like this Work? To whom
ſent Temptations wherewith he was then he reply'd, I am not (I thank God)
aſſaulted, and to perſuade him to a Re- terrify'd at it ; you may do your worſt.
pentance and Recantation of his former When he was going to his Execution,
Activity in the Parliament Cauſe; which he look'd about and eſpied a Man, to
they endeavour'd to enforce upon him by whom he gave a piece of Gold (having
a Promiſe of Pardon from the King, in bowed it firſt) and deſired him to go to
cafe he would therein hearken to them. the Place where his Daughter lodged,
But though he was then much afflicted and to carry that to her as a Token
in his Spirit, yet the Lord did help him from him, and to let her know that his
Ttt
Heart
65
258
The TRY AL of the ReGICIDE S.
Heart was as full of Comfort as it could gate, ſome Friends came to ſee him,
be; and that before that Piece ſhould and aſked him, how it was with him
come to her Hands, he ſhould be with he told them, he was well ; but he
God in Glory.
waited and much longed for a Word of
Being upon the Ladder, he ſpake' to Peace from God : But (faid he) I bleſs
the Sheriff, ſaying, Sir, you have here God (tho' it is ſomewhat dark with me
flain one of the Servants of God before at preſent, and I know I have a very
mine Eyes, and have made me to behold naughty Heart) yet I have not one
it, on purpoſe to terrify and diſcourage Temptation to defert that good Cauſe,
me; but God hath made it an Ordinance which God hath fo ſignally (many a
to me for my Strengthening and En- time) owned.
couragement.
The next Day, which was the Day
When he was going to dye, he ſaid, Major-General Harriſon was condemn-
What, Fleſh, art thou unwilling to ed, ſome of his Relations came to him,
go to God through the Fire and Jaws and told him, they ſuppoſed he had
of Death ? Oh (ſaid he) this is a good heard what diſmal Sentence was paſſed
Day; he is come that I have long look on him; and, O Sir, ſaid one of them,
ed for, and I ſhall be with him in Glo. my Heart fails me to think how
you
will
ry; and fo ſmiled when he went away. bear it. Why, ſaid he, Fleſh and
What Mr. Peters ſaid farther at his Blood will recoil; but, bleſſed be God,
Execution, either in his Speech or I am not troubled at that; a Fit of an
Prayer, it could not be taken, in regard Ague would coſt a Man more, I be-
his Voice was low at that time, and the lieve.
People uncivil.
The Day after he was condemned
himſelf, his Wife and other Relations
and Friends came to him: O Sir, ſaid
ſome, how is it now? Why, ſaid he,
Bleſſed, 0 Bleſſed Chains! I would not
be without theſe Chains. Indeed it
Some Pallages and occaſional
was a very dark, diſmal, cloudy Morn-
Speeches of Mr. Scot's be- ing, before I was brought to be content
fore he came to Execution. to periſh. Truly, I thought I could
not plead at all, my Soul was fo fad,
becauſe God hid his Face: But I was
HEN he was in the Tower, reſolved, ſaid he, if I could have faid
a Relation ſent to know how
no more, to tell the Court, The Cauſe
he did ; to which he returned this An was the Lord's ; and the Fault was not
fwer, That he had been very ill all in the Lord, but my great perſonal
Night, and had ſome Apprehenſions Unworthineſs, that I could not aſſert
that it might be unto Death. But ſaid
But ſaid it ; and that tho I did ſink into the
he, I was not at all diſpleaſed; for if it Bottomleſs Pit immediately, yet I durſt
be the Will of God, that I may not live not, no not for a World, but own that
his Servant, I would dye his Sacrifice. Cauſe, which God had often honoured.
The firſt Dły that he came to New. But, ſaid he, the Lord for your Sakes
did
W
The TRYAL of the ReGICID E s.
259
did help me to ſay ſomewhat; but would engage to live quietly; but for
truly it was but pitiful. I thought, if owning Guilt, that I cannot do : For to
I might have been ſuffer'd, (although I this Day I am not convinced of any, as
have not ſlept, to ſpeak of, theſe two to the Death of the King ; and that I
Nights) I could have ſpoken three or went but too far, in aſking the Benefit
four Hours longer. And now, ſaid of the Proclamation; and I cannot go
he, as dark as it was in the Morning, any farther, no not to ſave a Thouſand
'tis ſo bright, ſo quiet and calm, that Lives.
truly I think, if I were to be executed That Evening came in two Miniſters;
to-morrow, I cou'd ſleep all Night as one, or both of them, (after they had
well as ever.
But (lifting up his Eyes) talked with him a good while) I heard
Lord, ſaid he, I would not be too con them aſk, Whether he did acknowledge
fident: O pardon thy Servant. But be his Guilt? for they believed his owning
ing in a very clearful Frame, his
Frame, his of that, would be moſt likely (if not a
Friends and Relations left him at that moſt certain) Means to prolong his
time, and, becauſe of Illneſs, could Life. To which he anſwered, that al-
not viſit him next Day.
though he had often, and that with
But on the next firſt Day of the many Tears (and he thought with ſome
Week, being with him, he told them Brokenneſs of Heart) fought the Lord
he found an encreaſed Strength. That to convince him of it, if he had any
Day, about Noon, the Warrant for Guilt in him, as to that particular Ac-
Execution was ſigned ; at which time, tion, (for which he was then in Chains,
he was deſirous to have a Reprieve and under Condemnation) for, ſaid he,
gained, if poſſible: Not (faid he) that I would not for a World dye with one
I expect Life, but methinks my Wed. Sin unrepented of: But, ſaid he, really,
ding-Garment is not quite ready; a little to this Day I have no ſuch Conviction.
more time, that I may, as a Bride, be But, ſaid the Doctor, Sir, if
, any ſuch
ready trimmed. That Evening it was do come, will you tell us ? Yes, ſaid
told him, that Sir O. B. would ſpeak he, I profeſs I will; if it come in at
with him the next Morning; and ſome the laſt Moment, even at the Gibbet, I
told him, it may be that would prove an will tell the World of it. And it is ob-
Hour of Temptation. Truly (faid he) ſervable, that ſome of his laſt Words
I bleſs God, I am at a Point; I cannot, were, That God had engaged him in a
no, I cannot deſert the Cauſe.
Cauſe not to be repented of ; I ſay Not
The next Morning they two were to to be repented of
gether, the Matter of their Diſcourſe I The Night before Execution, when
know not ; but I remember, when his he was in the Dungeon, he was (as he
Wife deſired to go to O. B. that Even had been that Day) ſomewhat fadder
ing, to ſee if he would be her dear than at other times : And one aſked
Huſband's (or rather her) Mediator to him, if any particular Thing lay on
his Majeſty for his Life. It may be him ? he ſaid, No; but the Lord was
(ſaid he) Sir O. B. may fay, that I ſhould pleaſed to ſuſpend his comforting Pre-
confeſs my Guilt, and do the King fence : But, ſaid he, (with an humble
ſome Service. Prithee tell him, I Boldneſs I would ſpeak it) the Lord
ſhall
260 The TRY AL of the REGICI DE S.
Shall not put me off with any thing be not writ bitter Things, but good of us;
fides himſelf. After having ſpent ſome for this is glorious Grace, that we are
Hours in Prayer, as at other times, counted worthy to ſuffer for God, and
about Midnight we left him, and his his Cauſe. Oh! What ſhall we render
Fellows, that they might get a little to the Lord ? We will take the Cup of
Reſt for the Support of their natural Salvation, and call upon the Name of the
Spirits; and in three or four Hours, Lord. O our Souls, bleſs the Lord !
his Wife, Children, and inany other And we do with our Souls bleſs Thee,
Friends returned. When we came, that we have an Eternity to bleſs Thee
we found them praying: As ſoon as in ; for no leſs will ſatisfy our Souls.
Colonel Scroop had ended, Mr. Scot And now, O Bleſſed and Glorious God,
turned about, and opening his Arms, ſhall we be among thy Worthies? If
he embraced his Wife, and one of his poſſible, let us attain to the firſt Three;
Daughters: Ah, ſaid he, my dear ones, (Meaning Mr. G. H. Mr. Carew and
God is good, he is come, he is come! Mr. Cooke) but if we attain not to ſo
I am full, I am full. O bleſs the Lord glorious a Teſtimony as that, yet, O
for me, and with me; O my Soul, and Lord, let us be among thy Worthies.
all that is within me, magnify the Lord. We deſire to glorify thy great and bleſ-
By and by he went to Prayer himſelf; fed Name, that thou haſt in any mea-
and one would have thought he had ſure enabled us to encourage our Hearts
been (as it were) in Heaven, his Soul in the Lord our God, at ſuch a time as
was ſo enlarged in bleſſing, praiſing and this, and when the People ſpeak of
magnifying the God of his Salvation.
worſe than ſtoning us. When ſome
O! ſaid he to his Wife, I would not ſpake of the Reproaches of the People,
change this dark Room for the beſt he ſaid, he accounted that his Ho-
Star-Chamber under Heaven. He de-
fired his Friends and Relations would
not be follicitous for his Body; but let
them do what they pleaſed, and exerciſe Mr. Scot's Speech upon the
what Cruelty they will; ſaying, it was
Ladder.
meet it ſhould be ſo; and that the dead
Bodies of the Witneſſes muſt beunburied,
that the Scriptures might be fulfilled. Entlemen, I ſtand here a Specta
Some Part of his Prayer was, to bleſs cle to God, to Angels and Men:
the Lord, that (as the Pſalmiſt ſaid) To God and Angels, to whom I hope
though he came in there weeping, and I am ſhortly a going. And now to you
fearing that he had not yet been bear. I owe it, to God, and the Nation, and
ing precious Seed; yet now they were myſelf, I think it may become me to
returning, rejoycing and triumphing, tell you how and why I came hither ;
and carrying their Sheaves with them. and ſomething in the general, concern-
Call us not (faid he) Marabs (as ſhe ing my Capacity. In the Beginning of
once ſaid) but call us Naomies; for we thefe Troubles, I was (as many others
came in hither (ſome of us) empty, but " were) unſatisfied. I ſaw Liberties and
we are going out full: The Lord hath Religion in the Nation in great Danger,
3
nour.
to
The TRYAL of the ReGICIDÈ S.
261
H:
to my beit Apprehenſion: I ſaw the Cauſe that will not bear the Words of
Approaches of Popery in a great mea a dying Man : It is not ordinarily deni-
ſure coming in upon us : I ſaw-
ed to People in this Condition
The Sheriff interrupted again, ſaying,
Upon which the Sherif interrupted Sir, you had a fair Trial, and you were
him in theſe Words: If you will betake
found guilty.
yourſelf to Prayer, you may.
Mr. Scot replied, 'Tis according to
Mr. Scot replied, I ſhall not ſpeak my Mind to ſpeak what may be ſaid
to reproach any
Here the Under-Sheriff interrupted,
The Sheriff interrupted him again, ſaying, It hath been denied unto your
ſaying, you have but a little time, Mr. Predeceffors, and will be denied unto
Scot; therefore betake that little time
you.
to Prayer.
Mr. Scot reply'd, I ſhall ſpeak
The Sherif interrupted him again, Then be prayed as follow th:
ſaying, I beſeech you, Sir, betake
yourſelf to Prayer.
OLY Lord God, the Great
Mr. Scot ſaid, It may become me to
and Glorious God of Heaven
give an Account of myſelf, becauſe and Earth, King of Nations, and King
The Sheriff interrupted him again, of Saints : In both which Capacities thy
ſaying, It doth not become you to poor and unworthy Creature comes
ſpeak any ſuch thing here, therefore I now to bear his Witneſs in this great
beſeech you betake yourſelt to Prayer ; Spectacle before Thee, Angels and
it is but a little time you have to live ;
Men. O Lord, were it not for Sin,
you know, Mr. Sct, that is the moſt none of theſe Things had befallen this
needful thing.
Nation, nor my unworthy ſelf. · We
Mr. Scot replied, 'Tis fo-
have all tranſgreſſed and gone aſtray
The Sherif interrupted him again, from thee by a perpetual Backſliding;
ſaying, Sir, But when you came upon
even all, of all Sorts, Conditions,
the Stage, you deprived yourſelf very Ranks, and Orders of Men: And
much.
among them, none, none more than
Then ſaid Mr. Scot, I thought to tell thy poor unworthy Creature, who ac-
you how I came hither
knowledgech the ſame here before Thee,
Here the Sheriff interrupied him in the Face of Heaven, and in thy Pre-
again (or elſe ſome one beſides the Sbe fence, to which he is very ſhortly a go-
riff) and ſpake to this Effect : Every ing. That Glorious Grace, which thou
Body knows, that
haſt been pleaſed to afford unto his Soul
Mr. Scot ſaid, Sir, 'Tis hard that an in it. Thou art gone to the higheſt
Engliſhman hath not Liberty to ſpeak-- Extent of Mercy that ever was ſhewed
The Sheriff interrupted again, ſaying; to any of the Sons of Men. Thy poor
I cannot ſuffer you to ſpeak any ſuch Servant doth acknowledge himſelf to be
thing
the greateſt of Tranſgreffors. And thy
Mr. Scot ſaid, I ſhall ſay no more glorious Grace is magnified above all
but this, That it is a very mean and bad thy Name, in what thou haſt done for
66
thy
Uuu
252 The TRYAL of the REGICID B. 3.
1
for ever.
thy poor Creature. But Lord, ſo it is, alone, I have not done ; then proceeded
becauſe ſuch is thy good Pleaſure, ſuch in Prayer as followeth.
was thy Deſign from Eternity ; through
or in the great Tranſactions that was That this very Condition to which
between Thee, and Chriſt thy bleſſed he is now brought, he acknowledgeth,
Son, and our bleſſed Saviour ; that is the Anſwer of his Prayer before his
Thou ſhould it in thy Diſpenſation, in going out of England. Thou knoweſt,
the governing of thy Church in the Lord, he did many times in Prayers
World: That thou ſhould'ſt glorify thy and Tears ſeek thy bleſſed Majeſty for
Free-grace in pardoning of the Sins, Council and for Advice; whether it
and in the Salvation of ſome of loft were his Duty to ſtay and ſuffer, or to
Mankind, which was the great Maſter ſhelter himſelf Abroad : And if it were
piece of thy Love ; that thou ſhould'ſt thy Will to take more Honour to thyſelf
chufe out of poor loft Mankind one or by his ſuffering than his living, thou
other, it is of admirable and incom wouldeſt be pleaſed to remand him back
prehenſible Mercy: And that thou again, and bring him hither. And he
ſhould'ſt chuſe thy poor Creature as one hath obſerved thy Providence checking
in the Number, is Matter of Adora of his Way, and in preſerving him all
tion, Admiration ; is Matter of eternal along until he came to this. O bleſſed
Extaſy, and is Matter of Thankſgiving Lord, thy poor Creature doth acknow-
And this is the Comfort of ledge, that thy Ways to his poor Soul
his poor Soul, that he ſhall have an have been of wonderful Grace and Mer-
Eternity with thyſelf; Thou haſt ſo cy. It was a great Mercy to him, that
aſſured him, that he ſhall be bleſſing, having had (by reaſon of many ſinful
honouring and magnifying of Thee Temptations, and many Incumbrances ;
among a Company of Saints and An and many inceffant Buſineſfes in the
gels, and the Souls of juſt Men made World, whereof he hath been a perpe-
perfect. Obleffed Lord, Thou haſt tual Drudge) many Years paft; and he
called him forth as a publick Spectacle hath not had the Conveniency, though
to ſome, in a Condition of Shame and his Duty. The Lord knows, he had
Reproach ; to others, of Comfort; and not the Conveniency, nor the Heart,
to thy bleſſed Self, as one that is a Wit ſo to improve and keep his own Vine-
neſs for Thee, that hath ſerved Theeyard, while he had been looking after,
with all Faithfulneſs in his Truſt and or keeping other Vineyards. Thou
publick Capacity and Employment. 0 didſt therefore all along (while he was
Lord, thy Diſpenſation to thy poor abroad) give ſweet Opportunities, and
Creature hath been wonderful gracious precious Seaſons, (while he was abroad)
and merciful; and he muſt ſay, to the of ſeeking thy Face, and ſtudying his
Praiſe of thy Free-grace
Soul's Good concerning Eternity, and
the eternal Pleaſure by thy holy Will:
Here the Hangman ſtooping down to. And he bleſſeth thy Name, that thou
take Drink, which was reached up to him. haft been pleaſed to open to him, both
upon the Ladder, interrupted bim : Upon the Scripture and his Underſtanding ;
wbich Mr. Scot ſaid, Pritbee let me and ſo to anſwer the one by the other,
2
as
dear unto thee, I pray thee own it;
The TRIAL of the REGICI D & S. 263
as that he is (through the Grace of ſhall be done away; which is the grow-
God) comfortably perſuaded, that his ing Glory of my Soul, and all Tears
eternal Eſtate is out of Hazard. But, wip'd away alſo. In the mean time, I
O Lord, thou haſt been pleaſed, all pray thee, O Lord, that thou would'ft
the while that his Condition hath been remember England, and remember thy
doubtful, to make his Comforts to his Cauſe in England; and remember me
poor Soul doubtful alſo; fometimes with the Joys of thy Salvation, in the
Fear, and ſometimes Hope, have been Inſtant of my Departure. O Lord,
mix'd : Again, and again wanting it is a narrow Entrance, it is a ſtrait
thoſe Conſolations that might fupport Paffage, it is an Entrance into Eternity.
his Soul to ſuch an Iffue. But blefied O Lord, thou haſt once to Day ſhewed
be thy glorious Name, the Great God me ſomething beyond it, ſomething of
of Heaven and Earth, he hath been the Glory of God: I pray thee forſake
pleaſed to bear him Witneſs to himſelf, me not while I am here and ſenſible, or
to Angels, and to all that hear me this afterwards in the Paſſage of iny Soul :
Day; this very Day, thy poor Servant To thee I leave it, and to thy Provi.
that now ſtands to ſuffer, had Joy and dence; and do acknowledge thy Gond-
much Conſolation from God, and from neſs to my Soul, in fitting me to receive
his Cauſe, more than ever he had be that Good, which thou in thy infinite
fore: I ſay again, to the Praile of the Pleaſure doeft think fit for me and
Free-grace of God, I bleſs his Name, therefore, O Lord, into thy Hands I
he hath engaged me in a Cauſe not to be commend my Spirit. Lord, I deſire to
repented of ; I ſay, in a Cauſe not to be have ſome more Teſtimony of thy
repented of
Love, if it be thy bleſſed Will : It
is enough that I live upon what I had
Here the Sherif interrupted him, ſay to Day; but if it be agreeable to thy
ing, is this your Prayers, Mr. Scor? holy Will, I would honour and eter-
defiring him to forbear thoſe Kind of Ex- nally bleſs thee, if thou would't be
preſſions. Others alſo told him, that be pleaſed to ſhine upon me with ſome
contradi&ted himſelf, and ſpake Blaſphemy. more particular immediate Diſcoveries
of thy Preſence; but not my Will, but
Then Mr. Scot ſaid, I ſhall fay no thine be done. The Lord be pleaſed
more but this; The Lord, I do ac to ſettle the Nation in Peace, and in
knowledge, that this very Morning in the Power and Purity of Religion, and
the Dark Chamber, I had very much of thy Ordinances in Purity. And, Lord,
the Preſence of God, and from thence for thy Son, that is the Darling of thy
I take Confolation to myſelf, that his Soul, be thou pleaſed to give him a
Spirit is with me, and that he hath glorious Entertainment in the World;
fealed unto my Soul the Decrees of and let the Kingdoms of the World be
Heaven ; at leaſt perſuaded my Soul, come the Kingdoms of Jeſus Chrift.
that it will be well with me, ard that I Lord, thou haſt a Cauſe in the World:
am out of all Danger as to my eternal
Conditions and that I ſhall live and though it may not be owned in all Pla-
reign with him there, where all Sin ces, and by all Perſons, yet Religion
is
204 The TRIAL of the R EGICI D E S.
property Burmecord remember ansch A of his childrende hanging upon
is the Intereit of them all. O Lord, re-
member the Price of Blood, that hath
been ſhed for the purchaſing of the Ci-
vil and Chriſtian Liberties. And re-
member thy Enemies, that are not in Some Memorable Pal ages of Col.
corrigible Enemies to thy Truth and
Holineſs ; and give them Underſtand-
ADRIAN SCROOPE, after
ing to ſee their Error, and to turn to his Condemnation, and in
thee; a Heart broken, and with Humi.
bis Impriſonment at New-
liation, that they may ſeek God with
their whole Heart ; 'that they may be a
gate, which (tho' they are
Holy or Immanuel Nation; a Choſen
but few) may diſcover the
Generation, a Peculiar People, zealous
of good Works, careful to set forth the
excellent frame of his Heart,
Virlue of him that hath called them from and how he was born up u11–
Death to Life. The Lord call in all
der ſo great Sufferings
that belong to the Election of Grace
Speedily into that Number. Let no
Weapon formed againſt thy Church FTER his Condemnation, one
proſper : But Lord Zion, if
it be thy good Pleaſure, and repair the him, and weeping over him, he faid,
Walls of thy Jeruſalem. O Lord, thy Peace, Child, Peace, be ſtill,
Cauſe lies near the Hearts of thy People; a Word; thou haſt a bleſſed Por-
and I bear thee witneſs, that I have this tion. Who would be troubled to die?
Income from thee, as the return of their For can any one have greater Honour,
Prayers ; and that we are ſupported to than to have his Soul carried up to Hea-
bear witneſs for thee very chearfully, ven, upon the Wings of the Prayers of
and with fatisfaction. I deſire to be ſo many Saints ?
found of thee in Jeſus Chrift: I do now
When the Gaoler called him, and
abhor all my Sins, and renounce my Mr. Scot, Mr. Jones, and Mr. Clement,
Services; and do account them all as to go to the Dungeon, ſaying, Gentle-
Dung Lord, thou knoweft I have de men, you muſt go to the Room where
fired to live, that I might ſerve thee Mr. Harriſon
Mr. Harriſon was. Says Colonel Scroope,
better, and love thee more; but that I Muft we all go? He replied, Yes. At
inay be with thyſelf, O Lord, it is infi- which, laying his Hand on his breaſt,
nitely better And to confirm that and elevating his Eyes with a ſerious
Teſtimony that is concerning thy glo Countenance, faid, Blefied be God that
rious Will; And it will be done in Earth we are not parted.
as it is in Heaven, by me, and all As he fate at Dinner, he ſpoke to a
thine; from henceforth, and for ever Miniſter that was with them, ſaying, I
More, Amen.
would ſpeak it for the Glory of God's
Free-Grace, and the Comfort of you
all, That my Sins are all pardoned ;
not
not
The TRIAL of the REGICIDE 8. 265
:
Y
not one unpardoned: And God hath Hands in Innocency; so will I compaſs
loved me with an everlaſting Love ; thine Altar, O Lord. And ſo with
and in the Strength of this, I will go to great Chearfulneſs went to Execution.
Heaven.
Col. Adrian Scroupe, and Col. John
Speaking to ſome Friends that came Jones, (two comely antient Gentlemen)
to viſit him, ſaid, I deſire all the Peo were both drawn upon that Sledge
ple of God, to look at the Lord's Hand which carried Mr. Scot ; and being
in this Diſpenſation, and own his Sove come to Charing-Croſs, the Place of
reignty ; ſpeak well of him, whatever Execution, Col. Scroope was firſt brought
he doth; lie at his Feet, with your up to the Ladder ; where he ſpake as
Mouths in the Duſt; and live more in followeth.
Love and Unity one with another.
A Tall Gentleman coming into the
Dungeon to fee Col. Scroope, the Night Colonel SC Roope's Speech at
before he died, ſaid to him, Uncle, I
Execution, O&t. 17.1660.
am ſorry to ſee you in this Condition,
and would deſire you to repent of the
Fact, for which you are brought hither, OU fee an Object here, that
and ſtand to the King's Mercy; and
hath been in a better place; but
more Words to the fame Effect. howſoever, the Lord Jeſus hath ſent me
Whereupon Col. Scroope put forth his to this place, that in this place I ſhould
Hand, and thruſt him from him, uſing die. I have no Animoſity nor Malice
theſe Words, Avoid Satan.
againſt any Man, nor ever had I ; neia
When the time approached for his ther have I any evil Will to thoſe that
Execution, Mr. Scot and Mr. Clement brought me hither; nor to the Jury
were firſt carried away in the Sledge, that found me Guilty ; nor Judges that
and the fame Sledge was afterwards to paſſed Sentence ; nor to him, through
come and carry Col. Scroope, and Col. whoſe Means I was brought here to ſuf.
Jones; during that time, ſays Col. fer, I ſay, once more, the Lord for-
Scroope, Well Brother Jones, do you give him, I ſhall not name him ; for I
ſpend your time as the Lord ſhall direct come not hither to reflect upon any
you; I intend to take a little Sleep, for Man's Perſon.
Î Nept not well the laſt Night, and my I will not tell you what my Breeding
Countenance is not ſo freſh as I would hath been, becauſe it is not good for
have it: Thereupon he laid him down, any Man (eſpecially at ſuch a time as
and nept ſo foundly, that he ſnored this) to boaſt of his Lineage nor Breed-
very loud, and ſo continued until the ing: But this I ſhall ſay, that I was
Sledge came for him: Whereupon, be born and bred a Gentleman.
ing awakened, he riſeth up; and a As for my Carriage, it may be ſome
Friend taking him in his Arms, aſked that look upon me here, know what it
him how he did ? He anſwers, Very hath been : Howſoever, the Lord
well, I thank God, never better in all knows all, and the Lord God is Judge
of all, and he will judge: I ſhall ſub-
And now, faith he, Will I waſh my mit myſelf to his Judgment, which is a
67
righ
my Life.
Xxx
3
:
266 The TRIAL of the REGICID B S.
righteous Judgment. The Judgment. ble me to undergo this Death with
of Men may go wrong, but God's chearfulneſs and readineſs. Lord, thou
Judgment is right; I ſhall ſubmit to his knoweſt my Heart and Affections, and
Way. The Lord is che Rock of Ages, my Deſires; O deal not with me ac-
and my Support under this great Weight cording to my Sins, I am a miſerable
that is now upon me. I look up to him wretched Sinner ; If tbou enter into
alone; the Lord Jeſus Chriſt is my Sa- Judgment, who is able to ſtand before
viour and my Redeemer ; I am going ibee? But there is forgiveneſs with thee,
into his Arms, bleſſed be his Name; I that thou may't be feared. O Lord, let
follow him, he is gone before me the it be known and feen, that there hath
ſame way. Therefore it is no Reproach not been any Heart in me, to do any
or Shame to follow the Lord Jeſus thing with Malice and Revenge, or
Chriſt, to die in his Cauſe; for that is that might ſhew any Revenge: If there
it which I judge I am now going to be any Revenge on the other side, the
do.
Lord lay it not to their Charge. The
That which I deſire of you, (here are Lord bleſs thoſe in Authority; the
great many Spectators both on the Lord bleſs his Majeſty, that he may
Right Hand and on the Left) is, That reign proſperouſly; and that he may
this Day may repreſent to you, the ge receive a Bleſſing from the Hand of the
neral Day of the Judgment of Christ, Lord. O Lord, thou ſeeft my Failings,
where you muſt appear, and there every
every my Infirmities and Weakneſſes : 0
Man muſt receive according to their Lord, I beſeech thee that thou would'It
Works: And at that time it will be bear with me; thou art a Tender-hearted
known, I ſay, and at that time it will Father ; thou art my Strength : When
be known and feen, whoſe Works are my Heart and my Strength faileth,
righteous, and whoſe are not: There- then thou art the Strength of my Heart,
fore I could wiſh you, and defire you to and my Portion for ever. O Lord, be
judge charitably of me.
with me in this Hour of Temptation,
and carry me through it; for thou art
Col. SCROOPE having given my God and my Father, into whoſe
a brief Account of himſelf, haft redeemed me.
to the People; his laſt Work
was, to give up himſelf to The Copy of a Letter ſent from
God in Prayer, as followeth. Col. JOHN Jones, when Pri-
Lord, thou art my Father, a
ſoner in the Tower of Lon-
preſent Help in Trouble ; chcu don, to a Relation.
art my Father, I believe in thee. I
come unto thee, Lord Jeſus, that went Am very much grieved, to find (by
unto thy Father and my Father, thy the Note I received from you) ſuch
God and my God, and this is that dark and fad Apprehenſions upon your
which doth ſupport my Spirit, and ena, Spirits concerning me: We are in the
Hands
O
I
The TRYAL of the REGICIDE S.
267
OR
Hands of the Lord, and what he hath Salvation, whom ſhall I fear? The Lord
appointed for us, will be our Portion, is the Strength of my Life, of whom ball
and no Man can fruſtrate his holy Pur I be afraid?
poſe concerning us; which I queſtion Ver. 14. Wait on the Lord, be of
not will be found to be in Love, what good Courage, and be shall ſtrengthen tby
ever Appearance it may have to Men. Heart: wait, I ſay, on the Lord.
My Advice is to you, and all that love
me, That (in caſe I be removed from Some fero living Sentences that
you) you do not, neither in reality,
nor outward Garb, mourn for me, but fell from a dying Man, Col.
rather rejoyce that my Portion is in
JOHN Jones, when he was
Heaven ; and that my Diffolution or
Removal out of this earthly Tabernacle,
in his Chains in Newgate.
is but in order to my cloathing with
Immortality, and poffefling my eternal Bſerving one of Col. Scroope's
Manſion ; and to my being for ever Children weeping, he takes her
with Chriſt, to behold his Glory: And by the Hand, ſaying to her, You are
therefore that you do not behave your weeping for your Father ; but ſuppoſe
ſelf, as thoſe that have no Hopes but of your Father were to To-morrow to be
this Life.
King of France, and you were to tarry
Secondly, That you take off your a little behind, would you weep ſo?
Mind from me, and fix it unmoveable Why he is going to reign with the
upon your eternal Relation, the Lord King of Kings, in everlaſting Glory.
Jeſus Chriſt, in whoſe glorious and Speaking to a Friend that was to
bleſſed Preſence we ſhall meet e're long have accompanied him into Ireland,
to our eternal Rejoycing. It is the Ah! dear heart, ſays he, thee and I
Goodneſs of the Lord to us, to remove were in that Storm together, going to
all Creature-Comforts from us, that our Ireland, and if we had gone this Journey
Souls might have no Reſting place to then, we had been in Heaven, to have
delight in, or to promiſe them Safety ; welcomed honeſt Harriſon and Carew ;
until we return to the Ark of his Tefti but we will be content to go after them,
mony, the Boſom of his Love, mani. we will go after .
feſted and exhibited for us in our bleſſed Speaking of thoſe that were gone. be-
Lord Jeſus Chrift. I write in hafte, yond the Seas, (O dear hearts, ſays he)
therefore excuſe my Abruptneſs. in what a ſad Condition are our dear
Friends beyond Sea, where they may
Tower, Sept, Thine in ſincere Love, be hunted from Place to Place, and
never be in Safety, nor hear the Voice
JOHN JOnes. of the Turtle: How much have we got-
ten the Start of them ? for we are at a
Let the firſt and laſt Verſes of Pſal. Point, and now going to Heaven?
be conſtantly fixed upon thy Speaking of the Sledge, in which he
Mind.
to be carried to Execution: It
Ver. 1. The Lord is my Light and my is, ſaid he, like Elijah's fiery Chariot,
only
19. 1660.
27. be
was
:
268 The TRYAL of the RBGICI DE S.
only it goes through Fleetſtreet. guilty of Murther, as under thoſe feve-
The Time of his Departure being ral Expreſſions that are in the Indiet-
cone, this aged Gentleman was drawn ment, viz. -
in one Sledge, with his aged Compa I deſire to clear myſelf before the
nion Colonel Scroope, whoſe grave and Lord, and before the World, in that
graceful Countenances, accompanied Particular : For ſhould I grant, that I
with Courage and Chearfulneſs, cauſed was guilty in Reality and Truth, of
great Admirarion and Compaſſion in Murther and Malice, viz.
Spectators, as they paſſed along the I ſhould belie my own Conſcience,and
Sireets to Charing-Croſs, the Place of draw upon me a greater Weight than I
their Execution : And after the Execu- could bear. But thus far I do confeſs,
tioner had done his Part upon three I was willing to make the Work as
others that Day, he was ſo drunk ſhort as I could ; and becauſe I would
with Blood, that like one ſurfeited, he not ſtand ſo long, I told them, I would
grew fick at Stomach; and not being take the firſt Jury that came. And
able himſelf, he fet his Boy to finiſh the when a Jury was called, then I did con-
Tragedy upon Colonel Jones ; who fefs ſo much as I was convinced of, as
coming up the Ladder, with the like to the Matter of Fact. I deſire you
Chearfulneſs, as his Brethren did before would judge charitably of this that I
him; and being placed fit for Execu- ſpake at this Time, as in the Preſence
tion, he proceeds to ſpeak as follow- of the Lord; that it is not ſo really
ech:
(viz. That I acknowledged myſelf
guilty of Murther,) I had no ſuch Thing
Colonel John Jones's Speech
in my Heart.
I muſt confeſs I very freely quit his
upon the Ladder, Oeto. 17. Majeſty ; conſidering what he doth in
1660.
this Caſe, is the Part of a loving Son to
a Father ; eſpecially the Judges telling
him, That it is the Law. And I con-
Here are two Things that are ne ceive that the Court did nothing, but
ceffary, now I am going thro' what they, to their beſt Underſtandings,
this narrow Gate or Paſſage, to judged right as to Law: Therefore I
the Eternal Majeſty : I ſay, two Things freely acquit the Court, though there
are neceſſary, as to the Occaſion of my was not enough faid, to ſatisfy ſuch a
coming hither, to receive
my
Father's poor Creature as I am, in ſo great and
good Pleaſure,
deep a Point as that was. As for all
Firſt, Peace with God. Secondly, others, I do not know any Man on the
Peace with Man.
Earth, to whom I do bear any Malice
I ſhall ſpeak ſomething to each of but I am in perfect Charity with all
theie: And in the firſt Place, ſpeak Men; and I hope the Lord is in Cha-
fomething of the Court, wherein I re- rity with me: And therefore, as I de-
ceived the Sentence: It hath been re fire to have Forgiveneſs my ſelf from
ported, as I was told, That I confeſſed all thoſe I have offended ; even ſo, I
this Fact; and confeſſed that I were do freely forgive all thoſe that have in
any
T
*
mend my Spiris
The TAYA L of the REGICIDE S. 269
any Meaſure offended me.
oh! that thou wouldeſt make thy Angel
The next Thing is towards God; and of Light to go before thy People :
it is that which ſhould be laſt upon my Good God, we pray thee keep off thoſe
Heart: It is not expected, that I ſhould great
great Judgments that hang over the
give an Account here of my State and Heads of theſe Nations becauſe they
and Condition, for that is betwixt God have ſinned againſt thee. Through thy
and my own Soul : And I do, through Name ſanctify us, let not thy Name be
the Grace and Goodneſs of God, firmly reproached. Dear Father, receive my
believe, that my Redemption is wrought, Soul, I am ready to come unto thee':
and my Pardon is fealed, and that I Bleſſed Father, into thy Hands I com-
Arms, and that I ſhall be tranſlated and me, bleſſed be thy Name, in that thou
brought to behold the Lord Jeſus Chriſt haft opened the Treaſures of thy Love
in Glory, with Comfort and Fulneſs of unto my poor Soul. Thou haſt given
Joy.
me this Hope whereof I need not be
aſhamed. Bleſſed be thy Name, my
Col. Jones's Prayer.
Spirit is full of Joy. Oh! holy Father,
holy Father, I pray thee let thy Bleſſing
come down upon thy poor People.
LefledLord God, thou art the Look upon me, Holy Father : Stretch
great Opener, open unto my out thine Arms to carry me over this
Soul the Lord Jeſus Chriſt, who will Brook. I pray thee ſtand by me, Dear
lead me into the Ways of Truth and Father, I caſt myſelf into thy Hand, I
Life: O God, ſave me, make good all commit my Soul unto thee.
the Pledges of thy Love unto my Soul ;
Oh! make all the Promiſes which I Then ſpeaking to the Sheriff, ſaid,
have believed all the Days of my Life, Mr. Sheriff, I muſt needs return you
make them now good unto my Soul, many Thanks for your Civility.
giving me full Enjoyment of thyſelf: Sheriff repl. I am glad to hear ſuch
I deſire to 'bleſs and praiſe thy Name an ingenuous Confeffion, and that you
for this Hour, that thou haſt brought make ſuch an End; and that
and that you have
me to: Oh! what am I poor Worm, not gone into any Reviling Language,
that thou ſhouldeſt give me this oppor- as ſome others have done before.
tunity to ſuffer for thy Name, and to After this he committed his Soul to
acknowledge thy Mercies before ſo great God, and ſo departed.
a Congregation at this place. Holy
Father, Holy Father, O! that thou
wouldeft now rain down Bleſſings from Something as to Mr. Gregory
Heaven upon thy poor Creatures, that
Clements, take as followeth.
do hear and behold this Action, this
Day: Oh! that thou wouldeſt fanctify
this , poor Eng-
land Happi that there is ſo little ſaid, as to
neſs; O Lord let England flouriſh: And Mr. Gregory Clements, who ſuffered
68
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270
The TRIAL of the ReGICID B S.
with the reſt : Therefore this only is to had nothing againſt me, neither by
be faid more, (which is known to many,) God's Law, nor their own Law, to
That Mr. Clements, was very ſilent both condemn. Was it ever known that a
in the Time of his Impriſonment at Man ſhould die for ſuch Words? And
Newgate, and at the Time and Place of further ſaid, Though Men had judged,
his Execution at Charing Croſs; only yet God had not condemned.
this is ſaid, That he expreſs'd this Trou Some taking notice of his coarſe
ble, (to ſome Friehds in the Priſon) for Lodging, he ſaid, What matter is to
yielding ſo far to the Importunity of his have a little dirty Way, when we have
Relations, as to plead Guilty to the In a fair Houſe to come into.
dictment. And though he ſpoke little Then looking upon Friends about
at the Execution ; yet (ſo far as could be him, ſaid, If the Sight of fo few of
judged by ſome diſcerning Perſons that God's People be ſo comfortable, what
were near him) he departed this Life in will it be to enjoy all the Saints in Hea-
Peace,
ven together?
Towards the Cloſe of that Evening
he went to Prayer, (divers being preſent,
QQAQAR who admired the bleſed Frame of spirit
that he was in) admiring God in all his
Appearances for his poor People ; he
Some occaſional Speeches, and laid all his Comfort in the Blood of a
memorable Pallages of Col. crucified Chriſt, and upon the Cove-
Axtel, and "Col. Hacker, deſire Pardon for all his Judges, Jury,
during their Impriſonment, and thoſe witneſſes that had ſworn
and at their Execution. falſly againſt him.
Returning again from the Court,
when he had received his Sentence, he
Eing aſked by ſome Friends, how came into the Priſon very chearfully
he found himſelf fitted to encoun with a Bible in his Hand, ſaying, I
ter with Death:
ſhall have the uſe of this Book two Days
He anſwered, I can ſay nothing until more, and then enjoy the Fulneſs of the
I come to die: I dare not boaſt till I Goſpel to all Eternity,
put off my Armour, but deſire your His Daughter coming in to him, he
Prayers until there be no more need of faid, Where haft thou been all this
them.
while; I thought thou hadft been aſha-
Returning from his Trial at the Court med of my Chains : they that will not
to his Priſon, with a chearful Counte bear the Croſs, ſhall not wear the
nance; and his Wife coming to him Crown.
full of Trouble, he ſaid, Not a Tear, A Gentleman coming to viſit him,
Wife; What Hurt have they done me,' ſaid, Shall I petition for your Life? Col.
to ſend me ſooner to Heaven? And I Axtell replied, Sir, you offer me to my
bles the Lord, I could have freely Loſs.
gone from the Bar to the Gibbet. They The Gentleman told him, he was
ܪ
1
B
going
The TRIAL of the REGICIDE S. 270
i
going for Ireland ; Colonel Axtell ſaid, Sight of them; he called them by
Sir, pray_remember my Love to all their Names, and with a mighty fervent
Chriſtian Friends there, and tell them, Spirit faid, The Lord go with you, the
(faid he, ſhaking of bis Chains rejoicingly) Angel of his Preſence ſtand by you,
that you ſaw me in my Chains; and I (and then turning about to bis Friends,
reckon all theſe Links as ſo many Pearls ſaid,) Oh! they are gone to Heaven be-
to adorn me, and I am ſure they are ſo fore me; but we will give them up to
in Chriſt's Account: And tell them, the Lord, and ſo went to Prayer ; and
that for that Good Old Cauſe, which we preſently after he went to Prayer again,
were engaged in, under the Parliament, ſaying, God hath faid he will make us
I am now going to be their Martyr. joyful in the Houſe of Prayer. And
And as for the King, I wiſh him as many obſerved, that he did perform the
well as my own Soul. But they have Duty of Prayer, five Times himſelf,
meerly murthered me; and they might wherein he laid himſelf very low before
as well have done it at the Tower, as the Lord, acknowledging himſelf the
have brought me hither to make this worſt of all the Priſoners; and that he
Buſtle. I wiſh my Blood do not cry to ſhould have the leaſt to ſay for God;
the third and fourth Generation. But I and would ſay to his Friends, Say no.
ſhall do them more Hurt in my Death, thing of me, till you ſee me on the
than I could do in my Life. They had uppermoſt Round of the Ladder.
nothing in God's Law nor their own to His Daughter coming in, he told
condemn me; the Court condoled me; her, That he had left Jeſus Chriſt an
but it was enough, my Name was Executor in Truft for her.
Axtell. I wiſh that I may ſee them all Having given an Account to ſome
in Heaven.
Perſons for their Satisfaction about his
A Friend going into Glouceſterſhire, Proceedings againſt the Rebels in Ire-
ſaid to him, Sir, what Melage will you land, I can ſay in Humility, that God
now ſend to the good People in the Coun did uſe me as an Inſtrument in my
try.
Place, for the ſuppreſſing of that bloody
Col. Axtell anſwered, remember my Enemy; and when I conſidered their
dear Love to them all, and tell them, bloody Cruelty, in murthering ſo many
that their Prayers are anſwered. Bid Thouſands of Proteſtants and innocent
them keep cloſe to Chriſt, and let them Souls; that Word was much upon my
not touch with Surplis or Common- Heart; Give her Blood to drink, for
Prayer Book ; and bid them (whatever ſhe is worthy: And ſometimes we nei-
they do) love the Image of Chriſt, ther gave nor took Quarter, though
where-ever they ſee it; in Preſbyterian, ſelf-Preſervation would have ſaid, Give
Independent, Baptized, or other; and that which you may expect to have.
take heed of ſtriking in with any Thing, One coming in, told him, That bis
that will ſtrike out any of the Offices of Fellow-Priſoners died Nobly and Chear ,
Jeſus Chriſt.
fully, (Well, ſaid he, but how did they
Four of his Fellow-Priſoners paſſed by ſtand ?) Anſwer was made, Upon a
his Chamber-Door, as they were going Ladder. Bleſſed be God, faid he, ic
forth to Execution, and being denied is a Jacob's Ladder.
The
272 The TRIAL of the REGICIDES.
The Sun ſhining into the Room, he then preſent, afked him, Wbat be meant
ſaid, If it be ſo glorious to behold 'the by the Cauſe?
Sun, what will it be to behold the Son Col. Axtell replied, Sir, I tell you, I
of Glory?
mean that Cauſe which we were encou.
Laying his Hand upon his fellow- raged to, and engaged in under the
Priſoner, Col. Hacker, he ſaid, Come, Parliament, which was for common
Brother, be not ſo ſad, by this Time Right and Freedom; and againſt the
To-morrow we ſhall be with our Father Surplis and Common-Prayer Book :
in Glory; and what Hurt will they do And I tell you, that the Surplis and
us to bring us through the Croſs to the Common-Prayer Book ſhall not ſtand
Crown. Well, our God is the God of long in England, for it is not of God.
Newgate.
And afterwards, thinking he ſhould
Then the Officer coming to carry not die that Day, deſired ſome Retire-
them down into the Dungeon, he took ment; bur News coming, that he muit
his leave of many of his Friends then die within an Hour, (though it was
preſent, ſaying, Love the Lord Jeſus, not ſo) he quickly made himſelf ready
love the Lord, and weep not for me, to go; and looking upon his Gloves,
for God hath wiped away all Tears. ſaid, Theſe are my Wedding Gloves ;
And, coming to the Door of the my Mortal muſt marry Immortality.
Dungeon, ſaid, I am now going to my Some Friends going to ſee him the
Bed of Roſes, my laſt Bed.
Night before he was executed, found
Many Friends being with him, there him at Supper very chearful ; and
was an eminent Godly Miniſter of the many being preſent, he ſaid, Take
Preſbyterian Way; and Col. Axtell, heed of temporizing, &c. for that hath
taking him by the Hand, ſaid, I have been the Occaſion of great Evil. Then
one Word to ſpeak to you ;, it is much ſpeaking to an Officer there preſent,
upon my Heart, that one great Cauſe that had continued till of late in the
why the Lord contends thus with his Army, ſaid, Brother, thou haſt been
People, is for want of their Love towards greatly guilty herein, the Lord forgive
them that were not of their Minds. To thee, thou haſt a great Hand in this.
which the Miniſter replied, Truly, Sir, To which the Perfon replied, I con-
I think fo too, the Lord help us, that feſs I have been ſo too much.
wherein we fee we have done amiſs, we Col. Axtell anſwer, There is yet
may do ſo no more. Then ſaid, Mercy for thee, if the Lord give thee
Col. Axtell, I bleſs God I have not Repentance.
much to charge myſelf with in this Moreover faid, The Lord forgive
Matter.
that poor Wretch, Lieuterrant C. H.
Col. Hacker then ſaid, But I have for he hath ſworn falſy in his Evidence;
much to complain of in that Matter. and now is that Word made good,
Col. Axtell afterwards ſitting on his That Brother ſhall betray Brotber to
Bed-ſide, clapping his Hands, ſaid, If Deatb.
I had a thouſand Lives, I could lay And ſpeaking of Col. 1. ſaid, Ah!
them all down for the Cauſe.
he hath appeared five Pound lighter in
Whereupon another godly Miniſter twenty, than I thought him to be.
And
The TRYAL of the ReGICIDE 8.
273
me.
And for Col. H. he was the uncivileft Land of Reſt. Oh! be faithful unto
of all about the late King, and yet he the Death, and he will give you a
comes in a Witneſs againſt Hacker and Crown of Life, as he hath given to your
ſuffering Brethren.
That Evening many Friends being Oh! all that we have, or do ſuffer,
with him, he prayed with them, and in is but to make Chriſt and Heaven more
that Duty the Lord by his Spirit filled ſweet, dear and glorious to us ; all the
him with excellent Expreſſions, to the fad Steps we ſhall tread on this Laider,
great refreſhing of thoſe about him. is but to mount us to Heaven ; for at
And bewailing the great Diviſions a the Top are Angels ready to receive us,
mongſt God's People, he ſaid, Lord, as was on Jacob's Ladder. All the
if they will not live together in Love, Things I meet with, move me not, I
thou wilt make them lie together in bleſs my God, for I am ſure to fight a
Sufferings. Then minding their preſent good Fight, and finiſh my Courſe with
Conditions, ſaid, Lord, Death is the Joy.
King of Terrors to Nature, but it is a Afterwards taking his Leave of his
Believer's choice Friend ; it is thy high Son, embracing him in his Arms, he
Way to lead us into Glory.
faid, My dear Son, fare chec. well, I
After Prayer, taking notice of his muſt leave thee, get an Intereſt in
Daughter, he ſaid to her, Get an In- Chriſt, and love him, nothing elſe will
tereſt in Chriſt, and keep cloſe to him, ſtand thee in ſtead, but an Intereſt in
he will be a better Father to thee than him.
I; and ſo took his leave of her.
Then calling for his Bible, he hug.
The Day of their Execution being ged it, ſaying, This hath the whole
come, ſeveral godly Miniſters ſpent Cauſe in it'; and I may carry this with-
ſome Time with them in Prayer, viz. out Offence. And calling to a Friend,
with Col. Axtell and Col. Hacker; and he deſired him to remember his Love
many Friends coming in to pay their to the Congregation where he was
laſt Reſpects, Col. Axtell feeing one of a Member, and after took his Leave of
his familiar Friends and Companions, all his Friends, exhorting them with
faid, My dear Brother, thou art better much Chearfulneſs to love the Lord
than I am, and yet I muſt go to Hea- Jeſus Chriſt, and keep cloſe to him,
ven before thee for all that.
and ſo with great Joy addreſſed himſelf
,
He very chearfully ſaid to divers then
to go to his nexc Work.
with him, Dear Friends, rejoice, I am It will be convenient, in this place, to
going where ye ſhall be alſo, yea, where give you a brief Account of Colonel Fran-
we ſhall be for ever with the Lord, and cis Hacker ; in regard that Colonel Ax-
never part, and be without any more tell and he were Fellow-Priſoners and
Change: I beſeech you follow the Sufferers together. He was a Man of
Lamb where ever he goeth; though he few Words, and had not the Gift of
may lead you in a harſh, diſmal and Oratory, to deliver himſelf as others
difficult Way, yet at laſt he will bring could, yet was very -fweetly born up
you into a pleaſant Path, and cauſe you under his Suffering ; and had a very
to lie down in green Paltures, in the comfortable Allurance that God had
69
Z z z.
par-
:
i
274
The TRIAL of the REGICID B S.
19. 1000,
M
pardoned and accepted him in the Sentence which Nature would have funk
Blood of Chriſt. He had been a Pro- under, if Grace had not ſupported :
feſſor of Religion many Years in the Firſt Col. Axtell applies himſelf to the
Preſbyterian Way, and a great Lover Sheriff in theſe following Words.
of. godly Miniſters; a Man of juſt and
honeſt Converſation amongſt Men, and
one that deſired to walk
blameleſs in Colonel Axtell's Speech at Ty-
the Sight of God. His fellow-Priſoner burn, Octob.
did ſay, He did believe that Colonel
Hacker had an Intereſt in Jeſus Chriſt.
R. Sheriff, I am now, as you
Col. Hacker declared to ſeveral of
fee, come
come to the Place of Exe-
his own Friends, a little before he ſuf cution, according to my Sentence. I
fered, that the greateſt Trouble he had delire your Leave, that I may ſpeak
upon his Spirit, was, That he had for- freely, and without Interruption ; firſt
merly born too great a Prejudice in his to this People, and then to God; for it
Heart towards the good People of God, is the laſt that I ſhall ſpeak in this
that differed from him in Judgment. World, and I hope it will redound to
And then broke forth into this Admira-
your Account.
tion, O what am I poor vile Worm, Mr. Sheriff's Reply. Sir, you know
that Gout ſhould count me worthy to what the Court prohibited you to ſpeak,
fuffer with ſuch precious Souls as theſe and what was ſpoken at the Bar of the
are, againſt whom I have been formerly Court, was there decided ; therefore 'ris
ſo much prejudiced !
needleſs to repeat it here. I hope you
And thus theſe two gracious Perſons will keep to the preſent Buſineſs that
having finiſhed their Courſe, and the concerns you, and not go out into Im-
time of their Departure being at hand, pertinences; and becauſe you have but a
were both brought forth out of Priſon ; little time, ſpend it to your beſt Advan-
the Sledge being ready for them, they tage, and the good of the People, and
took their Leave of ſome Friends that then you ſhall not be interrupted. Or
ſtood at the Door, and Col. Axtell de to the ſame Effect
ſired them to'be at the Place of Execu Col. Axtell begins. I fay, the very
tion; and both entring the Sledge, they cauſe for which I have engaged, is
caft up their Eyes toward that God to contained in this Book of God, (having
whom they were coming ; then with a the Bible in his Hand) both in the civil
chearful Countenance ſetting themſelves and religious Rights of it, which I
down, they were drawn to Tyburn, the leave to you, (giving the Book to Mr.
Place of Execution, where a Cart was
Knowles.)
ſet ready, into which they both aſcend You ſee a dead Man living, and
ed, their Countenances not at all chan yet I hope I ſhall live to all Eternity,
ged, tho' the King of Terrors ftared chro' the Mediation of Jeſus Chriſt,
them in the Face; the Ropes being the Mediator of the Covenant of Free-
then put about their Necks, and a grace.
burning Fire kindled before their Faces; I muſt tell you, that before theſe late
and being there ready to receive that Wars, ic pleaſed the Lord to call me
4
hy
The TRIAL of the REGICIDE S. 275
by his Grace, through the Work of the God would give them true Repentance,
Miniſtry; and afterwards keeping a and not lay this Sin to their Charge,
Day of Humiliation in Faſting and nor my Blood, which by God's Law
Prayer, with Mr. Simeon Alh, Mr. and Man's, (I think) could not juſtly
Love, Mr. Woodcock, and other Mini have been brought here to ſuffer. But
ſters, in Laurence-lane ; they did ſo I bleſs God, I have fome comfortable
clearly ſtate the Caſe of the Parliament, Aſſurance, that I ſhall be embraced in
that I was fully convinced in my own the Arms of Chriſt, and have cauſe to
Conſcience, of the Juſtneſs of the War, hope, that his Spirit ſhall carry my
and thereupon engaged in the Parlia Soul into his Father's Hands.
ment Service, which, as I did, and do And if the Glory of this Sunſhine be
believe, was the Cauſe of the Lord, I fo great (the Sun then ſhining bright)
ventur'd my Life freely for it, and how much more is the Glory of the Son
now die for it.
of God, who is the Sun of Righteouſ-
Then Mr. Sheriff ſaid to this Purpoſe, neſs.
Sir, remember yourſelf.
I think it convenient to give you
Col. Axtell proceeds. And after the ſome Account of my Faith.
Work of the Lord was done in England, I believe all things written in the Old
my Lot caſt me in the Service of Ire and New Teſtament, as the Principles
land, and I thank the Lord, I was fer and Doctrine of a Believer's Faith : I
viceable to the Engliſh Nation in that believe the bleſſed Ordinances of Chriſt,
Country, and have diſcharged my Duty that it is our Duty to hear the Word
fully, according to the Truſt committed preached, to ſeek unto God in Prayer,
to me there.
and to perform Family-Duties, and to
As for the Fact for which I now ſuffer, walk in the Communion of Saints; and
it is for Words, only for Words, and for my own Part, I am a Member of a
but for Words ; and the Sentence is al. Congregation, which I judge to be the
ready reverſed in my own Conſcience, way of Chriſt, (and were it for that only
and it will be reverſed by Jeſus Chriſt I were to die, I could witneſs to it)
by and by. I pray God from the very which is a Company of Men born again
Bottom of my Soul, to forgive all that by his Grace, that walk in the Ways of
have had any Hand in my Death, both Chriſt blameleſs and harmleſs. I be-
Witneſſes and Jury, and the Court that lieve Jeſus Chriſt died for poor Sinners,
paſſed Sentence; for conſidering the of whom I am Chief; as the Apoſtle
Doctrine of our Lord Jeſus Chriſt as he Paul faith, This is a faithful ſaying, and
hath laid it down, Matt. 5. 44. It hath worthy of all acceptation, that Chrift
been ſaid of old Time, love your Neigh. Jeſus came into the world to ſave finners,
bours and hate your Enemies : But I ſay of whom I am chief. And if the Apo-
unto you, love your Enemies, and pray Atle might ſay ſo, much more may I.
for them that hate and deſpitefully uſe My Friends and Countrymen, I have
you, that you may be the Children of your reaſon to bewail my own unprofitable
Fatber which is in Heaven.
Life, having being very unfruitful unto
I deſire, according to this Doctrine, the People of the Lord, the Lord
from the Bottom of my Heart, that knows I have much fault upon my
Heart;
276
The TRY A of the REGICI DE S.
ܐ܇
Heart; were it not for the Blood of not that I have power to crucify thee?
Chriſt that cleanſeth and waſheth me, Chriſt anſwered him, Thou could have
according to his Promiſe, ſaying, I no Power against me, except it were
loved you, and waſhed away your Sins in given from above. Therefore I acknow-
my own Blood: For there is no Remiflion ledge the righteous Hand of God; he
of Sins without the Blood of Chriſt. I is righteous, but I am ſinful : Therefore
deſire you all to loath and caſt off Sins will I bear God's Indignation, becauſe I
it were better to ſuffer, than to ſin; it have finned against hira.
it better to die, than to ſin; nothing It is ſaid of Jeſus Chriſt, that for the
could grieve our Saviour, but Sin ; and joy ſet before him, he endured the croſs,
therefore have a care of that: You and and deſpiſed the same, and is ſet down
I muſt meet one Day at the Bar of at the right band of God, where I hope
Chriſt, and the Son of God ſhall be our to ſee him by and by, in Glory and
Judge, for God hath committed all Majeſty, and to ſee his Angels and Be-
Judgment to the Son, That all Men lievers worſhipping of him; and there-
fhould honour the Son, as they honour the fore I deſpiſe the Shame. Our Saviour
Father. This Day is a Reſemblance of died upon the Croſs without Sin; I am
that Day, therefore be ſerious. I beg a ſinful Creature, a wretched Sinner,
as much good to your Immortal Souls, and ſhall I expect better than he that
as I expect to enjoy by and by. I be was my Maſter? He who was Holy,
feech you beg of God, that he would and never had a ſinful Thought in all
fave your Souls, and omit no Opportu. his Life ; and died not for himſelf, but
nity through the Strength of the Lord for us, that we might live through his
to believe, and put your Truſt in the Death, that through his Poverty we
Lord Jeſus Chrift; be ſure to labour
be ſure to labour might be made rich. And Chriſt hav-
after Aſſurance of your Intereſt in him, ing done this for his People, it ſhould
or elſe you will of all Men be moſt mi not in their Eyes be thought a deſpi-
ſerable ; for I, of all Men were moſt cable Thing that we ſhould ſuffer for
miſerable, if I had not believed to ſee him, having been engaged in the Work
the Goodneſs of the Lord in the Land of of God. But Chriſt muſt prevail in
the Living
Righteouſneſs, and he will prevail.
Bleſſed be the Lord that brings me Now, Mr. Sheriff, I thank you for
into this State, let the Way or Means your Civility, and for this Leave.
be what it will; it is God's Sovereignty After this, Col. Hacker ſpoke fome-
who made theſe Creatures, ſo to diſpole thing privately to him, whereupon Col.
of them how he pleaſeth; and God hath Axtell ſaid, Mr. Sheriff, muſt we both
ordained this Death for me, from all die together?
Eternity. The Lord Chriſt often fray Mr. Sheriff anſwered, Yes.
ed, thy Will be done ; this is the Lord's Then Col. Axtell ſaid, I deſire all to
Will. He hath numbred my Days, hear with Patience, and to lift up
their
and
my
Times are in his Hand. Many Hearts to feek the Lord with me, that
ſeek the Ruler's Favour, but every ones we may have his Strength, and the Pre-
Judgment is from the Lord. When ſence of his Spirit, from this world to
Pilate ſaid to Chriſt, Knuwest thou everlaſting Life,
And
.
The TRYAL of the RBGICIDE S. 277
O
And with a compoſed Frame of Spi- Lord, thou haſt ſaid, By the Worker of
rit, and with an audible Voice, entred the Law no Man fhall be juſtified, but by
upon the following Duty.
the Righteouſneſs of Chriſt Jeſus. There .
fore, O Lord, hold out the Covenant
The Prayer followeth. of Grace to poor Believers, and make
Jeſus Chriſt the Mediator of the Cove-
H! Bleſſed Lord, the God and nant, to perform God's Part to us, and
Father of our Lord Jeſus Chriſt, our Part towards God. O Lord, in
who art the great God of Heaven and thee are all our Springs; thou art the
Earth; Heaven is thy Throne, and the
Fountain of all Grace ; let us have
Earth thy Footſtool ; thou upholdeſt all Mercy and Pardon from thee. Lord,
things with and by the Word of thy it is by Grace that any here are ſaved.
Power: The Ifjues of Life and Death Thou ſhould'ſt be a righteous God, if
are in thy Hand, O God. Bleſſed thou ſhould't noc fuffer us to lie under
Lord, we pray thee let us have Commu the Condemnation of Man, but exclude
nion with thyſelf, and the Glory of chy us from Heaven and Glory for ever.
Face ; let the ſhining Rays of Chriſt But, Lord, if thou ſhould't be ſtrict
ſhine continually upon our Souls. Lord, to mark Iniquity, who ſhould ſtand in
let there be no Interpoſition between thy Preſence? But there is Mercy with
the Brightneſs of thy Glory and our thee, that thou may'ſt be feared. Lord,
Seuls, till we come into the Fulneſs of thou haſt ſaid, who is a God like unto
the Poffeffion it. Bleffed Lord, we thee? pardoning Iniquity, and paſſing by
deſire to take Shame before thee and the Tranſgreſſions of the Remnant of thy
this Multitude, for all our Iniquities People, for thine own Name's fake. Lord,
and Tranſgreſſions: We were born, it is thy Covenant, that thou wilt put thy
and came great Sinners into the World; Spirit into our Hearts, and write thy
the Root of Bitterneſs was in us, that Law in our inward Parts; and our Sins
flowed from that bitter Fountain Adam : and Tranſgreſſions thou wilt remember no
But thou, O Lord, haft been pleaſed to more. Bleſſed be the Lord, for the Lord
ſend the Second Adam, that, as by the Jeſus Chriſt; for had it not been for a
fin of one man, death entered into the Chriſt, we were undone for ever. Bleſ-
world; so by the obedience and righteouf. ſed be our Lord, that hath written our
neſs of one, Jeſus Chriſt, many ſould be Names in Heaven, and given us a Por-
made righteous. Bleſſed Lord, thou
Bleſſed Lord, thou tion in Chriſt, in whom we have be-
knoweft all our Original Guilt, all lieved and truſted. We humbly beg of
upon our Hearts, and upon our Con- thee the Pardon of all our Perſonal and
ſciences, all our perſonal Defilements Family Guilt; the Sins of our publick
and Tranſgreſſions; we pray thee, O Employments, which thou knoweſt we
Lord, waſh them all away in the Blood have not willingly committed, tho' it
of Jeſus Chriſt. Lord, we have no may be thro' Infirmity and Temptation,
thing of our own to rely upon, but a and the Sins of our Nature. Lord, we
Chriſt; for all our Goodneſs and Righ- humbly pray thee, let us ſee our felves
teouſneſs is but as polluted Rags, and juſtify'd in the Blood of our Lord Jeſus,
menſtruous Cloaths: Therefore, that we may ſay with the Apoſtle, Who
70
fball
menu that
2
Аааа
278 The TRYAL of the R EGICID E S.
.
1
Mall-lay any thing to the Charge of God's Servants would not part with a Chriſt for
Elect? It is God that juftifieth #s, it is ten thouſand Lives.) Lord, make Chriſt
Cbriſt that died; yea, rather that is riſen precious to their immortal Souls: Lord,
again for our Juſtification. He is riſen, convince them of the Evil of their Sins,
that he might be our Advocate, Inter- and the Evil of their own Ways, and
ceffor and Mediator. He is filled with break them off from them, and cauſe****
all the Fulneſs of the Godhead, to diſtri them to cloſe with Jeſus Chriſt. Thou
bute to us according to our Need. Thou haſt promiſed, that thoſe that come
haft promiſed by the Apoſtle, that God unto him, thou wilt not caſt off. Re-
Jhall ſupply all our wants, according to member all thy People, and help
ibe riches of his own grace. Lord, thou them to perſevere in thy Grace and
wilt have the Paffover eaten with ſowre Love, and make them able to hold
Herbs, and, Lord, we are contented : faſt the Truth till thou come; and to
But, Lord, thou haſt provided ſweet quit themſelves like Men, to ſtand faſt
Wine for us; and haft thou not kept in the Faith.
the beſt Wine, and the beſt of thy Di Bleſſed Lord, we humbly pray thee
vine Comforts until now?, till now? to to have mercy upon that great City, the
carry us over this Bridge and Paffage of Place from whence we came. When
Earth to Heaven ? Sanctify this our thou reſolved'ſt to deſtroy Sodom, thy
Paffage ; for it is beſt to have the Croſs' Servant Abraham expoftulated with thee,
with the Crown; they go together, and and thou faidſt, If there were bit ten
are inſeparable: therefore faith our Lord, righteous thou wouldſt ſave it: But,
They that fuffe'r with me, shall alſo reign Lord, there are many Tens of righteous
with me.
ones in that Cicy. It haih been a Place
Dear Lord, we pray thee give us a full where thou haſt been glorify'd, and
Evidence, and let thy Holy Spirit witneſs where many godly Miniſters have been
to our Souls, that we are the Children of encouraged: 0 Lord, let it go well
God; and reconciled to thee in the Co- therefore with that great City, and let
venant; and that we ſhall through thy thy Goſpel have free Paffage in the
Son be glorified with thee. Strengthen publick Worſhip of it. Bleſs the Go-
our Faich, that we may lay hold upon a vernment and Governors thereof, and
naked Chriſt ; that by his Blood we may make them Inſtruments to thy glorious
be purged, waſhed and cleanſed; and Praiſe. We pray thee have reſpect to
for our Juftification, Sanctification, and the chief Magiſtrates that are come here
Acceptation with the Father.
by Conimand to fee Execution done:
Glorious Lord, we deſire to leave our O Lord, we beg Mercy for their Souls:
Requeſts with thee on the Behalf of this O that Chriſt would evidence himſelf
poor People, as the laſt Requeft we have more to their Souls, and that we mighe
to beg of thee on this ſide Heaven: If meet in Heaven together, and be em-
there be any liere not belonging to Chriſt braced in the Arms our Lord Jeſus
and not Friends to him, Lord convert Chriſt. And him that ſhall be the Exe-
them, and ſhew them their own undone eutioner, and muſt now waſh his Hands
and milerable Eſtate, and give them the in our Blood, do thou walh his Soul in
Pardon of a dying Saviour, (thy poor the Blood of Jeſus Chriſt. O Lord,
We
The TRIAL of the REGICIDE S. 279
we pray thee that thou wouldnt have made perfect in thy Kingdom. Bleſſed
Pity upon his poor Soul, and remember Lord, thou art our Support and Con-
him in his low Eſtate; and let him fort ; fupport us with the Cordials of
know what it is to be waſhed in the thy Love, O thou Father of Mercies,
Blood of Chriſt, that Fountain ſet open and God of all Confolations!
for Sin and for Uncleanneſs.
Bleffed Lord, before we make an
Bleſſed Lord, help us thy poor Crea end of praying, we beg one Requeſt for
tures with Strength, for we have no the chief Magiſtrate of this Nation,
Strength of our own. Thy Word
That thou wouldeſt give him a glorious
faith, that Death is the King of Terrors; Chriſt into his poor Soul, and magnify
but bleſſed be thy Name, thou haft thy Grace towards him, that he may
taken the Sting out of it, and the Poi become a Friend unto Chriſt, and a
fon from it; and therefore, as faith the Friend to the People of Chriſt, and
Apoſtle, O Death, where is thy Sting? reign in Righteouſneſs; and may be a
O Grave, where is thy Victory ? Thanks Terror to Evil-doers, and a Praiſe to
be to God, through Jeſus Chriſt, that them that do well; that he may caſt
hatb given us the Victory. Thou haſt away Iniquity with his Eyes, and rule
ſaid by the Apoſtle, We have the Sen for God, before whom he and all others
tence of Death in ourſelves, and therefore muſt render an Account in the Day of
joou'd not truſt in ourſelves, but believe Judgment. Lord, hear us for him.
in Chriſt that raiſeth the Dead. Lord,
Lord, And, blefied Lord, do the like for all
we will not truſt in ourſelves, but in
that had any Uncharitableneſs towards
the living God-O my God, that us; we would have none towards them,
art the God of Abraham, and Iſaac, and but we beg their Souls might live in
of Jacob, ſtrengthen and ſupport our tlıy Preſence; inake them to ſee their
poor Souls. Siephen when he was ſtoned Sins, and let them receive their Pardon,
to Death, ſaw the Heavens open'd, and that we might embrace one another thro'
the Glory of the Father and of his the Grace of God in Jefus Chrift one
Throne ; fhall we but ſee the Face of day in Heaven. Dear Father, we pray
Jeſus Chriſt, bearing up our Hearts thee for them, as we would beg for
:under all, and we ſhall go
thro'. Thou ourfelves.
haft promiſed, that thou wilt never, We now deſire to reſign up ourſelves
never, never leave us nor forſake us. into thy Bofom, as it is thy Command:
Thou haſt ſaid, Who can feparate 15 Thou haſt ſaid, Ye are bought with a
from the Love of God in Chriſt Jefus ? Price; not with Silver or Gold, but with
Can Life? Can Death? Or what can the precious Blood of Jeſus Chriſt; and
ſeparate a Believer from Jeſus Chriſt? we offer up our Bodies and Souls unto
Let thy Angels come down : We are Chriſt, which is but a reaſonable Sér-
perſuaded, that the Angels are ready to vice, that thou ſhould'ſt have all when
receive our Souls, and to carry them thou calleft for them, our Eſtates and
into thy Bofom, and into the Company Lives themſelves. The Earth is the
of Abraham, Ijaat, and facob, and of Lord's, and the Fulneſs thereof, and we
the bleſſed Apoſtles and Martyrs, and are all his Works. It is God's Sove-
Witneſſes of Jeſus Chriſt, and juit Men reignty to command whatſoever he
pleaſech,
280 The TẢYAL of the REGICI DE S.
!.
1
pleaſeth. Bleſſed Lord, we deſire with and our Support, our All ; in his Name
our Lord Jeſus, when he offer'd up we aſk all our Requeſts: To whom
himſelf upon the Croſs, he ſaid unto with thyſelf and thy holy Spirit, we de-
thee, O Father, into thy Hands I com ſire to give all Honour, and Glory, and
mend my Spirit, and with Stephen when Praiſe for evermore. Amen.
he was put to Death, Lord Jeſus receive
my Spirit.
After he had ended his Prayer, he
So ſay we, Lord Jeſus receive our gave the Sheriff Thanks again for his
Spirits : pity us, love us, and accept Civility; and then turning to Colonel
us in thy Son, upon whom we reſt for Hacker, they faluted and embraced each
Life and Salvation. Lord, let us other in their Arms, and ſaid; The
know that Death is a Paſſage into Glo- Lord ſweeten our Paſſage, and give us
ry; it is appointed for all Men once to a happy Meeting with himſelf in
dye, and after Death to Judgment. Glory.
This is a Decree and Statute-Law of Then pulling his Cap over his Eyes,
Heaven, That all muſt dye; and this expecting, as is ſuppoſed, that the Cart
is ſome Comfort in our Death, that from ſhould be drawn away, with his Hands
this time forward we ſhall ſin no more, lifted up, he uttered theſe Words with
grieve Chriſt no more, diſhonour God a loud and audible Voice, Lord Jeſus
no more, nor offend any elſe more. receive my Spirit: But the Cart ſtaying
Set thy Love upon our Souls, and let a little longer, he lift up his Hands the
our Prayers be diffolved into Praiſes, ſecond time, and with the like audible
where we may embrace thee, and thou and loud Voice faid, Into thy Hands, o
embrace us.
Father, I commend my Spirit; and yet
We humbly intreat thee, do more in regard there was no Man found to
abundantly for us, and all them we draw away the Cart, until the common
have prayed for, than we are able to Hangman came down out of the Cart
alk or think, in the Name, and for the himſelf to do it; the Carman, as many
Sake of our Lord Jeſus, who is the In- Witneſſes affirm, ſaid, he would loſe
terceſſor with the Father, who hath his Cart and Horſe before he would
promiſed that he will pray the Father have a hand in hanging fuch a Man :
for us: He is the Mediator of the New By this means he had Opportunity to
Covenant betwixt God and us; our lift up his Hand, and utter the like
Fulneſs, our Strength, our Comfort, Words the third cime alſo.
.
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