A28270	----	The black box of Rome, or, A true and short discourse shewing the blasphemous treacheries and conjurations of the wicked Iesuites when they intend and encourage any of their impious disciples to murther a king and overthrow a kingdome Ross, Alexander, 1591-1654. This text is an enriched version of the TCP digital transcription A28270 of text R13171 in the English Short Title Catalog (Wing B3043). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 7 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A28270 Wing B3043 ESTC R13171 11697196 ocm 11697196 48250 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A28270) Transcribed from: (Early English Books Online ; image set 48250) Images scanned from microfilm: (Early English books, 1641-1700 ; 14:13) The black box of Rome, or, A true and short discourse shewing the blasphemous treacheries and conjurations of the wicked Iesuites when they intend and encourage any of their impious disciples to murther a king and overthrow a kingdome Ross, Alexander, 1591-1654. 7 p. s.n.], [S.l. : 1641. Attributed to Alexander Ross. Cf. Wrenn, J.H. A catalogue of the library of the late John Henry Wrenn. Reproduction of original in Union Theological Seminary Library, New York. eng Regicides. A28270 R13171 (Wing B3043). civilwar no The black box of Rome or, A true and short discourse, shewing the blasphemous treacheries and conjurations of the wicked Iesuites, when they [no entry] 1641 1210 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2003-09 TCP Assigned for keying and markup 2003-10 Apex CoVantage Keyed and coded from ProQuest page images 2004-01 Jonathan Blaney Sampled and proofread 2004-01 Jonathan Blaney Text and markup reviewed and edited 2004-02 pfs Batch review (QC) and XML conversion THE BLACK BOX OF ROME OR , A True and short Discourse , shewing the blasphemous Treacheries and Conjurations of the wicked Iesuites , when they intend and encourage any of their impious Disciples to murther a King , and overthrow a Kingdome . Printed in the Yeare , 1641. THE IESUITES BLASPHEMOVS CONIVRATIONS TO ENCOVrage their Proselytes to King-killing-treacheries . SUch is the most bloudy , and most blasphemous impudencie of these Romish Incendiaries , that when they put on a divellish and desperate resolution , to murther any Emperour , King , or Prince whom they have once pronounced to be an Hereticke , and excommunicate person ; and thereupon intend to murther him by some Raviliack , whom they make choice of for the execution of the said Treason ; that after such an unfortunate and wretched person , is once allured , and entred into their place of consultation , or chamber of ( Philonicall ) prayers , ( for sooth ) as they call them : These infernall firebrands kneele all downe , who in their prayers observe their time ; and put before the intended Traitor , a knife folded up in a scarfe ; shut up in a little Box , covered with an Agnus Dei ; written about with black letters of perfumes , odorifirous Characters : and when they draw it out themselves , they cast or sprinckle some drops of holy water upon it , and which done , they hang at the hafte of the said knife , five or six graines of Corrall , which are blessed by them , who blaspheamously they give him to understand , and make him beleeve that so many blowes , as shall be given by him with the said knife ; so many soules shall be released out of Purgatorie . Afterwards , putting the knife into the intended Murtherers hand , they pronounce these words saying : Goe now like Iephte , with the Sword of Sampson in thy hand , the Sword with which David did cut off Golia's head , the Sword of Gedion ; yea , the Sword with which Iudith did cut off Holophernes head , the sword of the valiant Machabees , and the same with which Saint Peter did cut off Malcas his eare , yea I say , the sword of Pope Iulius the second , with the which ( breaking the forces of oppugning Princes ) he tooke out of their hands with great effusion of blood , the Citties of Sezza , Imola , Fayance , Bologna , and many other Cities : goe thus I say , thou magnanimous Champion of the chaire of Rome , and be valiant , and God strengthen thine arme for the great worke now intended by thee . After which , this infernall kennell of Romish blood-hounds kneele all downe , and the most wretchedly renowned and cursedly quallified amongst them , with a cauterized conscience and immarbled heart , pronounceth the bloody Conjuration , impiously and impudently saying as followeth . Come Cherabims , come Seraphinns , and highest Thrones that rule , come blessed Angels : yea , blessed Angels of charitie , come and fill this holy Vessel with glory and eternity , and bring him presently the Crowne of the Virgin Mary , of the Patriarches , and of the Martirs , for he belongeth no longer to us , but to you . And thou Oh dreadfull and terrible God , who hast revealed to him in these our Prayers and meditations ; that he ought to murther a Tyrant , and confound a Hereticke , and to give the Crowne to a Catholike-King . And being by us disposed to this meritorious Murther , vouchsafe to fortifie his senses , and increase his forces : to the end that he may accomplish this thy great will ; and vouchsafe to arme and furnish him with the Harnesse of thy powerfull providence , that he may valiantly performe the worthy worke he hath piously undertaken , and may happily escape from those , who would apprehend him : give him Eagles winges , that the spight and malice of those Barbarians whom hee goes against , may not once touch his sanctified members . Extend also the beames of thy joy and coelestiall felicitie upon his sacred soule , to the end that by the blessed influence thereof , the parts and members of his body also ; may be encouraged and enabled to this great worke , and that it may chearefully dispose it selfe to this holy Combate without feare or shrinking pusillanimity . This accursed Conjuration being thus audaciously and gracelessely uttered , they carry the thus inchanted bloody Regicide , and set him before an Altar , where they shew him a Picture wherein the angels are seene and showne to have lifted up and elevated long since Iames Clement , a bloody Iacobine Fryer , and represented him ( as it were ) before the Throne of God , saying : Lord behold thy Pupill , behold thy well-instructed Champion , and the accomplisher of thy justice : Whereupon all the Saints rise out of their seates to make him roome , and give him place among them . And when all these things are thus done and finished , there are no more but foure Iesuites only left with him , who when they come neare him ; they with diabolicall impudencie and lying flatterie , say unto him : that they seeme to perceive that there is some Diety infused into him , and that they are so astonished with the radiant light-shining and glistering in him , that they hold it their honour to kisse his hands and feete , and make him madly to beleive that they account him not a meere man any longer ; but that they esteeme themselves ( as it were ) as they say , halfe unworthy of the happinesse and glory which hee hath already obtained by his Catholicke resolution , and sighting deepely before him : they say unto him ; we would that God had chosen us , and called us to your estate : since we should be truly assured , that we should goe really , and directly into Paradice without comming at Purgatorie . And thus having intoxicated and bewitched the miserable wretch , they thus leave him to his intended bloody designe . The end of the Conjuration . FINIS . O Lord preserve our Noble King Charles , and all his posteritie , from the power of all such Romish regicides and bloody Traitors , who thus plot and practice to build up their Romish Synagogue with blood . And grant good God , that our gracious King Charles , may with his posterity , long continue a happie and prosperous raigne over this Kingdome , for the maintenance and propagation of Christs Gospell in despight of Antichrist , and all his bold and bloody adherents : and let every good , and loyall subject and true hearted English Christian say , Amen , and Amen . 
A79304	----	By the King. A proclamation for apprehension of Edward Whalley and William Goffe England and Wales. Sovereign (1660-1685 : Charles II) This text is an enriched version of the TCP digital transcription A79304 of text R210773 in the English Short Title Catalog (Thomason 669.f.26[9]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A79304 Wing C3316 Thomason 669.f.26[9] ESTC R210773 99869530 99869530 163891 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A79304) Transcribed from: (Early English Books Online ; image set 163891) Images scanned from microfilm: (Thomason Tracts ; 247:669f26[9]) By the King. A proclamation for apprehension of Edward Whalley and William Goffe England and Wales. Sovereign (1660-1685 : Charles II) Charles II, King of England, 1630-1685. 1 sheet ([1] p.) Printed by Christopher Barker and John Bill, Printers to the Kings most Excellent Majesty, London : 1660. Dated at end: Given at Our Court at Whitehall the two and twentieth day of September, in the twelfth year of Our Reign. Reproduction of the original in the British Library. eng Treason -- England -- Early works to 1800. Regicides -- England -- Early works to 1800. A79304 R210773 (Thomason 669.f.26[9]). civilwar no By the King. A proclamation for apprehension of Edward Whalley and William Goffe. England and Wales. Sovereign 1660 704 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-09 Mona Logarbo Sampled and proofread 2008-09 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion C R DIEV ET MON DROIT HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms ❧ By the King . A PROCLAMATION For Apprehension of Edward Whalley and William Goffe . CHARLES R. FOrasmuch as Edward Whalley , commonly known by the name of Colonel Whalley , and William Goffe , commonly called Colonel Goffe , are , amongst others , by an Act of this present Parliament , Entituled , An Act of Free and General Pardon , Indempnity and Oblivion wholly excepted from Pardon , and left to be proceeded against as Traytors , for their execrable Treasons in sentencing to death , signing the Instrument for the horrid murder , or being instrumental in taking away the precious Life of Our late dear Father of Blessed Memory . And forasmuch as they the said Edward Whalley and William Goffe , having absented and withdrawn themselves , and fled , as we have been informed , to the parts beyond the Seas , are now , as We certainly understand , lately returned into Our Kingdom of England , and do privately lurk and obscure themselves in places unknown ; we therefore have thought fit , by , and with the Advice of Our Privy Council , to publish the same to all Our loving Subjects , not doubting of their Care and forwardness in their apprehension ; And We do hereby Require and Command , aswell all and singular Our Iudges , Iustices of the Peace , Mayors , Sheriffs , Bayliffs , Constables and Headboroughs , as also the Officers and Ministers of our Ports , and other Our Subjects whatsoever , Within Our Realms of England , Scotland , Ireland , or Dominion of Wales , and all other Our Dominions and Territories , to be diligent in Inquiring , Searching for , Seizing and Apprehending them , the said Edward Whalley , and William Goffe , in all places whatsoever , aswel within Liberties as without , whom if they shall happen to Take and Apprehend , Our further Will and pleasure is , That they cause them and either of them so Apprehended , to be safely carried to the next Iustice of the Peace , to the place where they or either of them shall be Arrested , whom We straitly Command to Commit them and either of them to Prison , and presently Inform Vs or Our Privy Council of their or either of their Apprehensions . And We do hereby further Declare and Publish , That if any Person or Persons after this Our Proclamation published , shall Directly or Indirectly Conceal , Harbor , Keep , Retain , or Maintain the said Edward Whalley and William Goffe , or either of them , or shall Contrive or Connive at any means whereby they or either of them shall or may Escape from being Taken or Arrested , or shall not use their best Endeavor for their and either of their Apprehensions , aswell by giving due Advertisement thereof to Our Officers , as by all other good means ; We will ( as there is Iust Cause ) proceed against them that shall so neglect this Our Commandment with all severity . And lastly We do hereby Declare , That whosoever shall discover the said Edward Whalley or William Goffe , either within Our Kingdoms of England , Scotland , Ireland , or Dominions of Wales , or in any other our Dominions and Territories , or elsewhere , and shall cause them , or either of them , to be Apprehended , and brought in alive or dead , if they or either of them , attempting Resistance , happen to be slain , shall have a Reward of One hundred pounds in money for each of them so brought in , dead or alive , as aforesaid , to be forthwith paid unto him in recompence of such his Service . Given at Our Court at Whitehall the Two and twentieth day of September , in the Twelfth year of Our Reign . London , Printed by Christopher Barker and John Bill , Printers to the Kings most Excellent Majesty . 1660. 
A79339	----	By the King. A proclamation for the apprehension of Edmund Ludlow, commonly called, Colonel Ludlow. England and Wales. Sovereign (1660-1685 : Charles II) This text is an enriched version of the TCP digital transcription A79339 of text R212598 in the English Short Title Catalog (Thomason 669.f.25[77]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A79339 Wing C3447 Thomason 669.f.25[77] ESTC R212598 99871201 99871201 163882 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A79339) Transcribed from: (Early English Books Online ; image set 163882) Images scanned from microfilm: (Thomason Tracts ; 247:669f25[77]) By the King. A proclamation for the apprehension of Edmund Ludlow, commonly called, Colonel Ludlow. England and Wales. Sovereign (1660-1685 : Charles II) Charles II, King of England, 1630-1685. 1 sheet ([1] p.) Printed by John Bill and Christopher Barker, Printers to the Kings most Excellent Majesty, London : 1660. Dated at end: Given at Our Court at Whitehall, the first day of September, 1660. in the Twelfth year of Our Reign. Annotation on Thomason copy: "Sept. 5". Reproduction of the original in the British Library. eng Ludlow, Edmund, 1617?-1692 -- Early works to 1800. Regicides -- Great Britain -- Early works to 1800. Great Britain -- History -- Charles II, 1660-1685 -- Early works to 1800. A79339 R212598 (Thomason 669.f.25[77]). civilwar no By the King· A proclamation for the apprehension of Edmund Ludlow esquire, commonly called, Colonel Ludlow. England and Wales. Sovereign 1660 635 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-07 TCP Assigned for keying and markup 2008-10 SPi Global Keyed and coded from ProQuest page images 2008-11 John Pas Sampled and proofread 2008-11 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion By the King . A PROCLAMATION For the Apprehension of Edmund Ludlow Esquire , commonly called , Colonel Ludlow . CHARLES R. WHEREAS We , by Our Proclamation , bearing date the sixth day of June last past , taking notice , by the Information of the Lords and Commons in Parliament Assembled , of the mou horrid and execrable Treason and Murther , committed against the Person , and against the Life , Crown and Dignity of Our late Royal Father of Blessed Memory . And that the Persons therein named were deeply guilty thereof , did thereby command , that all and every of them should , within Fourteen days next after , personally appear and render themselves , as therein is appointed , under the paine therein also expressed . And whereas Edmund Ludlow Esquire , being one of the persons therein named , did , thereupon , render himself , Nevertheless hath , since , escaped from out the custody of the Serjeant at Arms , attending on the House of Commous , and is fled , or doth obscure himself , to evade the Iustice of a Legal Tryal . We therefore have thought fit , by and with the Advice of Our Privy Council , to publish the same , to all Our Loving Subjects , not doubting of their care and forwardness in his apprehension . And We do hereby require and command , as well all and singular Our Iudges , Iustices of the Peace , Mayors , Sheriffs , Bayliffs , Constables and Headboroughs , as also the Officers and Ministers of Our Ports , and other Our Subjects whatsoever , within Our Realms of England , Scotland , Ireland , or Dominion of Wales , and all other Our Dominions and Territoies , to be diligent in enquiring and searching for the said Edmund Ludlow , in all places whatsoever , as well within Liberties as without , whom , if they shall happen to take , Our further Will and Pleasure is , that they cause him so apprehended , to be safely carried before the next Iustice of the Peace , to the Place where he shall be arrested , whom We streightly command to commit him to Prison , and presently inform Vs , or Our Privy Council , of his said apprehension . And We do hereby further Declare and Publish , That if any Person or Persons , after this Our Proclamation published , shall directly or indirectly , conceale , harbour , keep , retain or maintain the said Edmund Ludlow , or shall contrive or connive at any means , whereby he may escape from being taken or arrested , or shall not use their best endeavors for his apprehension , as well by giving due advertisement thereof to Our Officers , as by all other good means , We will ( as there is just cause ) proceed against them that shall so neglect this Our commandmnet with all severity . And lastly , We do Declare , That whosoever shall discover the said Edmund Ludlow , either within Our Kingdoms of England , Scotland , Ireland or Dominion of Wales , or in any other Our Dominions and Territories or elsewhere beyond the Seas , and shall cause him to be apprehended , and brought in as aforesaid , shall have a Reward of Three hundred Pounds in money , to be paid unto him , in recompence of such his Service . Given at Our Court at Whitehall , the First day of September , 1660. in the Twelfth year of Our Reign . LONDON , Printed by John Bill and Christopher Barker , Printers to the Kings most Excellent Majesty , 1660. 
A83920	----	Die Veneris, 18 Maii, 1660. Upon complaint this day made by the Commons in Parliament, it is ordered by the Lords in Parliament assembled, that all these persons, viz. John Bradshaw ... [et al.] Who sate in judgement upon the late Kings Majesty when sentence of death was pronounced against him, and the estates both real and personal of all and every the said persons ... England and Wales. Parliament. House of Lords. This text is an enriched version of the TCP digital transcription A83920 of text R211912 in the English Short Title Catalog (Wing E2858). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A83920 Wing E2858 ESTC R211912 45097773 ocm 45097773 171362 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A83920) Transcribed from: (Early English Books Online ; image set 171362) Images scanned from microfilm: (Early English books, 1641-1700 ; 2572:10) Die Veneris, 18 Maii, 1660. Upon complaint this day made by the Commons in Parliament, it is ordered by the Lords in Parliament assembled, that all these persons, viz. John Bradshaw ... [et al.] Who sate in judgement upon the late Kings Majesty when sentence of death was pronounced against him, and the estates both real and personal of all and every the said persons ... England and Wales. Parliament. House of Lords. 1 sheet ([1] p.). Printed by John Macock, and Francis Tyton, printers to the House of Lords, London, : 1660. Reproduction of original in the Henry E. Huntington Library. eng Charles -- I, -- King of England, 1600-1649 -- Assassination. Regicides -- Great Britain. Confiscations -- Great Britain. Great Britain -- Politics and government -- 1642-1660. Great Britain -- History -- Civil War, 1642-1649. Broadsides -- England -- 17th century. A83920 R211912 (Wing E2858). civilwar no Die Veneris, 18 Maii, 1660. Upon complaint this day made by the Commons in Parliament, it is ordered by the Lords in Parliament assembled, t England and Wales. Parliament. House of Lords 1660 428 1 0 0 0 0 0 23 C The rate of 23 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-11 TCP Assigned for keying and markup 2007-11 Apex CoVantage Keyed and coded from ProQuest page images 2008-01 Emma (Leeson) Huber Sampled and proofread 2008-01 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion royal blazon or coat of arms C R DIEV ET MON DROIT Die Veneris , 18 ▪ Maii , 1660. UPon Complaint this day made by the Commons in Parliament , It is Ordered by the Lords in Parliament Assembled , That all these Persons , viz. JOhn Bradshaw , Serjeant at Law , President of the pretended High Court of Justice . John Lisle . VVilliam Say . Oliver Cromwel . Henry Ireton . Esqs ; Sir Hardresse VValler . Valentine VValton . Thomas Harrison . Edward VVhaley . Thomas Pride . Isaac Ewers . Esqs ; Lord Gray of Groby . Sir John Danvers Kt. Sir Thomas Maleverer Baronet . Sir John Bourcher Kt. VVilliam Heveningham Esq Alderman Pennington Alderman of London . VVilliam Purefoy . Henry Martin . John Barkstead . John Blackiston . Gilbert Millington . Esqs ; Sir VVilliam Constable Baronet . Edmond Ludlow . John Hutchinson . Esqs ; Sir Mich. Livesey Bar. Robert Tichbourne . Owen Roe . Robert Lilburne . Adrian Scroope . Richard Deane . John Okey . John Hewson . VVilliam Goffe . Cornelius Holland . John Carey . John Jones . Miles Corbet . Francis Allinn . Peregrine Pelham . John Moore . John Aldred . Henry Smith . Humphrey Edwards Gregory Clement . Thomas VVoogan . Esqs ; Sir Gregory Norton Knight . Edmond Harvy . John Venn . Thomas Scot . Esqs ; Thomas Andrews Alderman of London . VVilliam Cawly . Anthony Stapley . John Downes . Thomas Horton , Thomas Hammond . Nicholas Love . Vincent Potter . Augustine Garland . John Dixwel . George Fleetwood . Symon Meyne . James Temple . Peter Temple . Daniel Blagrave . Thomas Waite . Esqs ; Who sate in Iudgement upon the Late Kings Majesty when Sentence of Death was Pronounced against Him , and the Estates both Real and Personal of all and every the said Persons ( whether in their own hands , or in the hands of any in Trust for their , or any of their Vses ) who are fled , be forthwith Seized and Secured ; And the respective Sheriffs and other Officers whom this may concern , are to take effectual Order accordingly . Die Veneris , 18 Maii , 1660. ORdered by the Lords in Parliament Assembled , That this Order and List be forthwith Printed and Published . JO . BROWNE , Cleric . Parliamentorum . LONDON , Printed by John Macock , and Francis Tyton , Printers to the House of Lords , 1660. 
A83921	----	Die Veneris, 18 Maii, 1660. Upon complaint this day made by the Commons in Parliament, it is ordered by the Lords in Parliament assembled, that all these persons, viz. ... England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A83921 of text R211912 in the English Short Title Catalog (Thomason 669.f.25[29]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A83921 Wing E2858 Thomason 669.f.25[29] ESTC R211912 99870583 99870583 163834 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A83921) Transcribed from: (Early English Books Online ; image set 163834) Images scanned from microfilm: (Thomason Tracts ; 247:669f25[29]) Die Veneris, 18 Maii, 1660. Upon complaint this day made by the Commons in Parliament, it is ordered by the Lords in Parliament assembled, that all these persons, viz. ... England and Wales. Parliament. 1 sheet ([1] p.) Printed by John Macock, and Francis Tyton, Printers to the House of Lords, London : 1660. "The regicide judges (and their estates if they have fled) are to be seized and secured, on complaint of the commons. All names of the judges given, alive or dead." -- Cf. Steele. Order to print dated: Die Veneris, 18 Maii, 1660. Signed: Jo. Browne, Cleric. Parliamentorum. Reproductions of the originals in the British Library. eng Charles -- I, -- King of England, 1600-1649 -- Early works to 1800. Regicides -- England -- Early works to 1800. Great Britain -- History -- Charles II, 1660-1685 -- Early works to 1800. A83921 R211912 (Thomason 669.f.25[29]). civilwar no Die Veneris, 18 Maii, 1660. Upon complaint this day made by the Commons in Parliament, it is ordered by the Lords in Parliament assembled, t England and Wales. Parliament. 1660 422 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Emma (Leeson) Huber Sampled and proofread 2007-11 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion royal blazon or coat of arms C R DIEV ET MON DROIT Die Veneris , 18 Maii , 1660. UPon Complaint this day made by the Commons in Parliament , It is Ordered by the Lords in Parliament Assembled , That all these Persons , viz. JOhn Bradshaw , Serjeant at Law , President of the pretended High Court of Justice . John Lisle . VVilliam Say . Oliver Cromwel . Henry Ireton . Esqs Sir Hardresse VValler . Valentine VValton . Thomas Harrison . Edward VVhaley . Thomas Pride . Isaac Ewers . Esqs Lord Gray of Groby . Sir John Danvers Rt. Sir Thomas Maleverer Baronet . Sir John Bourcher Rt. VVilliam Heveringham Esq Alderman Pennington Alderman of London . VVilliam Purefoy . Henry Martin . Esqs John Barkstead . John Blackiston . Gilbert Millington . Esqs Sir VVilliam Constable Baronet . Edmond Ludlow . John Hutchinson . Esqs Sir Mich. Livesey Bar. Robert Tichbourne . Owen Roe . Robert Lilburne . Adrian Scroope . Richard Deane . John Okey . John Hewson . VVilliam Goffe . Cornelius Holland . John Carey . John Jones . Miles Corbet . Francis Allinn . Peregrine Pelham . John Moore . John Aldred . Henry Smith . Esqs Humphrey Edwards Gregory Clement . Thomas VVoogan . Esqs Sir Gregory Norton Knight . Edmond Harvy . John Venn . Thomas Scot . Esqs Thomas Andrews Alderman of London . VVilliam Cawly . Anthony Stapley . John Downes . Thomas Horton , Thomas Hammond . Nicholas Love . Vincent Potter . Augustine Garland . John Dixwel . George Fleetwood . Symon Meyne . James Temple . Peter Temple . Daniel Blagrave . Thomas Waite . Esqs Who sate in Iudgement upon the Late Kings Majesty when Sentence of Death was Pronounced against Him , and the Estates both Real and Personal of all and every the said Persons ( whether in their own hands , or in the hands of any in Trust for their , or any of their Vses ) who are fled , be forthwith Seized and Secured ; And the respective Sheriffs and other Officers whom this may concern , are to take effectual Order accordingly . Die Veneris , 18 Maii , 1660. ORdered by the Lords in Parliament Assembled , That this Order and List be forthwith Printed and Published . JO . BROWNE , Cleric . Parliamentorum . LONDON , Printed by John Macock , and Francis Tyton , Printers to the House of Lords , 1660. 
A87169	----	The speech of Maj. Gen. Harison, upon his arraignment, tryal, and condemnation; with the sentence of death pronounced against him, to be hang'd, drawn, and quarter'd As also the speeches of Alderman Tich Mr. burn, Hugh Peters, Col. Axtel, and Col. Lilburn; at the sessions house in the Old Bayley, before the most honourable Lords, and others His Majesties commissioners of Oyer and Terminer; upon the reading of the charge and indictment of high-treason, that they had wilfully, maliciously, and trayterously, advised, abetted, assisted, contrived, and compassed the death of our late dread soveraign Charles the first by the grace of God of ever blessed memory King of England, Scotland, France, and Ireland, defender of the faith, &c. This text is an enriched version of the TCP digital transcription A87169 of text R231005 in the English Short Title Catalog (Wing H913A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 10 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A87169 Wing H913A ESTC R231005 99896634 99896634 170765 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A87169) Transcribed from: (Early English Books Online ; image set 170765) Images scanned from microfilm: (Early English books, 1641-1700 ; 2429:16) The speech of Maj. Gen. Harison, upon his arraignment, tryal, and condemnation; with the sentence of death pronounced against him, to be hang'd, drawn, and quarter'd As also the speeches of Alderman Tich Mr. burn, Hugh Peters, Col. Axtel, and Col. Lilburn; at the sessions house in the Old Bayley, before the most honourable Lords, and others His Majesties commissioners of Oyer and Terminer; upon the reading of the charge and indictment of high-treason, that they had wilfully, maliciously, and trayterously, advised, abetted, assisted, contrived, and compassed the death of our late dread soveraign Charles the first by the grace of God of ever blessed memory King of England, Scotland, France, and Ireland, defender of the faith, &c. Axtel, Daniel, d. 1660. Lilburne, Robert, 1613-1665. Peters, Hugh, 1598-1660. [2], [6] p. printed for Charles Gustavus, London : 1660. Reproduction of original in the Folger Shakespeare Library. eng Harrison, Thomas, 1606-1660 -- Trials, litigation, etc. -- Early works to 1800. Axtel, Daniel, d. 1660 -- Trials, litigation, etc. -- Early works to 1800. Lilburne, Robert, 1613-1665 -- Trials, litigation, etc. -- Early works to 1800. Peters, Hugh, 1598-1660 -- Trials, litigation, etc. -- Early works to 1800. Charles -- I, -- King of England, 1600-1649 -- Early works to 1800. Trials (Treason) -- Early works to 1800. Regicides -- Early works to 1800. Last words -- Early works to 1800. Great Britain -- History -- Puritan Revolution, 1642-1660 -- Early works to 1800. Great Britain -- History -- Commonwealth and Protectorate, 1649-1660 -- Early works to 1800. A87169 R231005 (Wing H913A). civilwar no The speech of Maj. Gen. Harison, upon his arraignment, tryal, and condemnation; with the sentence of death pronounced against him, to be han [no entry] 1660 1699 15 0 0 0 0 0 88 D The rate of 88 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2007-05 TCP Assigned for keying and markup 2007-05 Aptara Keyed and coded from ProQuest page images 2007-06 Mona Logarbo Sampled and proofread 2007-06 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE SPEECH OF Maj. Gen. Harison , UPON His Arraignment , Tryal , and Condemnation ; WITH The Sentence of Death pronounced against him , To be Hang'd , Drawn , and Quarter'd . As also the Speeches of Alderman Tich Mr. burn , Hugh Peters , Col. Axtel , and Col. Lilburn ; At the Sessions House in the Old Bayley , before the most Honourable Lords , and others His Majesties Commissioners of Oyer and Terminer ; Upon the reading of the Charge and Indictment of High-Treason , That they had Wilfully , Maliciously , and Trayterously , Advised , Abetted , Assisted , Contrived , and Compassed the Death of our late Dread Soveraign Charles the First by the Grace of God of ever blessed Memory King of England , Scotland , France , and Ireland , Defender of the Faith , &c. London , Printed for Charles Gustavus , 1660. The Speech of Major Gen. Harrison , Sir Hardress Waller , and Hugh Peters , at Justice-Hall in the Old-Bayley ; upon the reading of the Bills of Indictment , &c. THe Bill of Indictment being ( on Tuesday last ) read at Hicks-Hall , against those unjust Judges , who contriv'd , arraign'd sentenc'd , and executed that most vertuous Prince our late Soveraign King Charles the First of ever blessed Memory ; And the said Bill being found by the Grand Jury of Knights and Gentlem●n of quality of the County of Middlesex , on Wednesday ( Octob. 10. ) Twenty eight of those whom the Grand Jury had found , were brought from the Tower to Justice Hall in the Old Bayley before the most honorable Lords , and other His Majesties C●mmissioners of Oyer & Terminer ; the names of the Prisoners were , Sir Hardress Waller , Thomas Harrison , Robert Tichburne , William Heveningham , Henry Marten , Robert Lilburne , John Carew , Isaac Pennington , Owen Roe , John Jones , John Cook , Henry Smith , John Downs , George Fleetwood , Thomas Wait , Simon Meye , Hugh Peters , Thomas Scot , Gilbert Millington , Adrian Scroop , Gregory Clement , Edmund Harvey , Vincent Potter , Augustine Garland , James Temple , Francis Hacker , Peter Temple , Daniel Axtel . The Court being sate , called three Prisoners to the Bar , viz. Sir Hardress Waller , Col. Harrison , William H●venningham . The first was Sir Hardress Waller , which with the two others were indicted to this purpose following : That they together with Oliver Cromwel , Henry Ireton , Robert Titchbourn , Isaac Pennington , Robert Lilburn , John Hewson late of the City of Westminster Shoo-maker , &c. had Wilfully , Maliciously , and Traterously , Advised , Abetted , Assisted , Contrived , and Compassed the Death of Our late Dread Soveraign CHARLES the First , by the Grace of God of ever blessed Memory , King of England , Scotland , France , and Ireland , Defender of the Faith , &c. Sir Hardress Waller began to excuse his long being out of England , and unacquaintance with English affairs ; But eing bid to answer positively , whether he was Guilty or not Guilty of the High Treason whereof he had been indicted , and then Arraigned , answered , Guilty . The next was Col. Thomas Harison , who at the first refused to hold up his Hand , till the Lord Chief Baron , Judge Forster , and other Judges told him his duty in that particular : After which , he said , I confess it is but a Formality , and therefore I will do it ; and so held up his Hand : Bu● several times offered to sally out into Discourses , refusing to answer Guilty or not Guilty , till the Judges declared the necessity of answ●ring one of the two , which they were forced to do divers times before he would be brought to give an Answer , but at last he did , and said , Not Guilty . William Heveningham answered the like ; but Col. George Fleetwood pleaded Guilty without any demur . These being dismist , Isaac Pennington , Henry Marten , Gilbert Millington , Robert Titchbourn , Owen Roe , Robert Lilbourn , were called to the Bar. Isaac Penningtons Age gave him not time to make long Apologies , for he very suddenly answered not Guilty ; so did Gilbert Millington , and Owen Roe . Henry Marten being the next began to Quibble with the Court , and to deny his name to be mentioned in the Act ; whereupon the Court were put to the trouble of calling for the Act of Oblivion , and there read his name ; but he answered , that his name was Marten not Martin , as in the Act expressed . But being told they knew him to be the Man , let his name be what it would , was bid to answer , who then said , not Guilty . Titchbourn being next , began to excuse his want of skill in Law affairs ; pleading , that he was before very Wise , Learned , and Judicious Lawyers , and that being unable to plead for himself , desired the Court to assign him Councel to assist him therein : To which it was answered , that he was not yet come to his Tryal , but onely Arraigned ; and asked him Guilty or not Guilty ? to which he could not tell what to answer ; He said he did acknowledge part of the Indictment . But being told he must say Guilty or not ; answered , not Guilty . So did Lilburn and all the rest . Col. Daniel Axtel desired he might have the liberty of an English-man , that the Law was his Birth right , and so he might lawfully claim it , That he did conceive there was Law in his Case , and so desired to have Councel in it , That he did believe the Parliament — But there he was bid to plead to the Indictment , Guilty or not Guilty ; which after much roving , and being told the danger of standtng Mute , he answered , Why then , not Guilty . And being asked by whom he would be tryed he did not answer ; at which one bid him answer , By God and his Countrey . But he answered , he could not do so ; For he did not believe God to be there . In conclusion , he said , He would be tryed by the Lord Iesus Christ , and by his Countrey , Hugh Peters being asked whether he was guilty of the High Treason whereof he was Indicted , he lifted up his hands and eyes , and said ; Guilty ? No not for ten thousand Worlds . 'T is probable , he may have regret of Conscience , for ushering in his former Doctrines ( or rather Blasphemies ) of Heresies and Rebellions ; and with the Penitent thus contemplate with a ferve●t Spirit O miserable and wretched Souls , to use such Barbarisme against our Gracious Soveraign , and Protes●●●● 〈…〉 ay the wisest of men and the b●st of Princes . O s●d and mis●rable are all those who have committed such horrid impiety in the assassinating of their most Gracious Soveraign , that whosoever heard thereof ▪ it could not but make both his Ears to tingle , his heart to faint , and his knees to tremble . O it was we that in a tumultuous and disloyal way made Covenants to oppose the King , and countenance that Empostress Maiden who ( pretending to Enthusiasmes ) perswaded the People to Rebellion , and blasphemed Christ by the name of Covenanting Iesus . It was We that was the Cause of the late execrable Miseries throughout the three Kingdoms ; Good God what Advocate shall We have to plead for Us at the Barre of Gods Iudgement , now ●hou art calling for us to make an account of these things ? when Inquisition is made for blood , and the cry of the Soules under the Altar shall obtain their desired vengeance upon Us . How hath every loyal Bre●st shrunk ▪ and every faithful Soul thrill'd at the horror of that fatal blow , which at one stroak murdered not onely one Prince , but three Kings in one , the best of men , and three Kingdoms , the most flourishing of all People , and in them the most Royal Blood of Imperial Majesty , the purest of all Religions , the justest of all Laws , the wisest Constitution of all Governments , and ( had we known our own happiness ) the happiest of all people ? What Tongue of Men or Angels can sufficiently express the detestation of that bloody fact that separated the best of heads from so lovely a body ? The best of Kings from his most Loyal Subjects ? The best of Husbands from a most affectionate Wife ? The best of Fathers from most sweet and dutiful Children ? And the best of Masters from Thousands of most happy Servants . In a word , the horridness of that transcendent impiety was such , that ( next to the murdering of our most blessed Saviour ) it was the most accursed act that ever yet was perpetrated upon the face of the Earth . On Thursday Major General Harrison was again brought to the Bar , and pleading to his Indictment , after some time spent thereupon , he was brought in Guilty , and received Sentence to be Drawn , Hanged , and Quartered ; Upon pronouncing whereof , he said , The Lords Will be done , although ye kill the Body , yet ye cannot hurt the Soul . FINIS . 
B03083	----	Die Veneris, 18 Maii, 1660. Upon complaint this day made by the Commons, it is ordered by the Lords in Parliament assembled, that all these persons, viz. ... England and Wales. Parliament. House of Lords. This text is an enriched version of the TCP digital transcription B03083 of text R175269 in the English Short Title Catalog (Wing E2858A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 B03083 Wing E2858A ESTC R175269 52612158 ocm 52612158 179452 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B03083) Transcribed from: (Early English Books Online ; image set 179452) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2789:19) Die Veneris, 18 Maii, 1660. Upon complaint this day made by the Commons, it is ordered by the Lords in Parliament assembled, that all these persons, viz. ... England and Wales. Parliament. House of Lords. 1 sheet ([1] p.) Re-printed by Christopher Higgins, in Harts Close, over against the Trone-Church, Edinbvrgh : 1660. Caption title. Royal arms with initials C.R. at head of text. Some text in black letter. List of names printed in three columns. Order to print dated: Die Veneris, 18. Maii. 1660. Signed: Jo. Brown Cleric. Parliamentorum. Imperfect: stained with slight loss of text. Reproduction of the original in the National Library of Scotland. eng Charles -- I, -- King of England, 1600-1649 -- Death and burial -- Early works to 1800. Regicides -- England -- Early works to 1800. Great Britain -- Politics and government -- 1660-1688 -- Sources. Broadsides -- England -- 17th century. B03083 R175269 (Wing E2858A). civilwar no Die Veneris, 18 Maii, 1660. : Upon complaint this day made by the Commons, it is ordered by the Lords in Parliament assembled, that all thes England and Wales. Parliament. House of Lords 1660 434 4 0 0 0 0 0 92 D The rate of 92 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2008-09 TCP Assigned for keying and markup 2008-11 SPi Global Keyed and coded from ProQuest page images 2009-01 Mona Logarbo Sampled and proofread 2009-01 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion royal blazon or coat of arms C R HONI SOIT QVI MAL Y PENSE Die Veneris , 18. Maii , 1660. UPon Complaint this day made by the Commons in Parliament , It is ordered by the Lords in Parliament assembled , That all these Persons , Viz. JOhn Bradshaw , Serjeant at Law , President of the Pretended High Court of Iustice . Esquires . John Lisle , William Say , Oliver Cromwel , Henry Ireton , Sir Hardress Walter . Esqs. Valentine Walton , Thomas Harrison , Edward Whalley , Thomas Pride , Isaac Ewers , Lord Gray of Groby . Sir John Danvers , Knight . Sir Thomas Maleverer , Baronet . Sir John Bourcher , Knight . William Heveningham , Esquire . Alderman Pennington , Alderman of London . Esqs. William Purefoy , Henry Martin , Esqs ; John Barkstead , John Blackiston , Gilbert Millington , Sir William Constable Baronet , Esqs ; Edmond Ludlow , John Hutchinson , Sir Mich. Livesey , Baronet . Esqs ; Robert Tichboune , Owen Roe Robert Lil 〈…〉 Adrian Scroope , Richard Deane , John Okey , John Hewson , William Goff , Cornelius Holland , John Carey , John Jones , Miles Corbet , Francis Allinn , Peregrine Pelham , John Moore , John Aldred , Henry Smith , Esqs. Humphrey Edwards , Gregory Clement , Thomas VVoogan , Sir Gregory Norton , Knight . Esqs : Edmond Harvy , John Venn , Thomas Scot , Thomas Andrews , Alderman of London . Esqs. William Cawly , Anthony Stapley , John Downes , Thomas Horton , Thomas Hammond , Nicholas Love , Vincent Potter , Augustine Garland , John Dixwel , George Fleetwood , Symon Meyne , James Temple , Peter Temple , Daniel Blagrave , Thomas Waite , Who sate in Iudgement upon the late Kings Majesty when Sentence of Death was Pro●●●nced against Him , and the Estates both Real and Personal of all and every the said Persons , ●●ether in their own hands , or in the hands of any in Trust for their , or any of their Vses ) who are 〈◊〉 be forthwith Seized and Secured ; And the respective Sheriffs and other Officers whom this 〈◊〉 concern , are to take effectual Order accordingly . Die Veneris , 18. Maii. 1660. ORdered by the Lords in Parliament assembled , That this Order and List be forthwith Printed and Published . JO . BROWN , Cleric . Parliamentorum . EDINBVRGH , Re-printed by Christopher Higgins 〈…〉 se , over against the Trone-Church , 1660. 
A89379	----	The Most vile and lamentable confession of Hugh Peters of all his bloody advices given to the late Oliver Cromwel, touching all the horrid murders committed upon those martyrs whose names are all herein specified, immediately after his apprehension neer Horsly-down, Sept.4. Together with a conference between him and Sir Henry Martin, now in the Tower of London. Sing hey homy honey, my heart shall never rue, twenty four traytors now for a penny, and into the bargain Hugh. This text is an enriched version of the TCP digital transcription A89379 of text R209637 in the English Short Title Catalog (Thomason E1842_3). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 15 KB of XML-encoded text transcribed from 9 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A89379 Wing M2931A Thomason E1842_3 ESTC R209637 99868502 99868502 170454 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A89379) Transcribed from: (Early English Books Online ; image set 170454) Images scanned from microfilm: (Thomason Tracts ; 230:E1842[3]) The Most vile and lamentable confession of Hugh Peters of all his bloody advices given to the late Oliver Cromwel, touching all the horrid murders committed upon those martyrs whose names are all herein specified, immediately after his apprehension neer Horsly-down, Sept.4. Together with a conference between him and Sir Henry Martin, now in the Tower of London. Sing hey homy honey, my heart shall never rue, twenty four traytors now for a penny, and into the bargain Hugh. Peters, Hugh, 1598-1660, Marten, Henry, 1602-1680, 15, [1] p. : ill. for John Andrews at the white-Lyon near Pie-Corner, London Printed, : [1660] Not in fact by Hugh Peters. A satire. Imprint date from Wing. In dialogue and verse. The first leaf contains a portrait of Henry Marten on the recto and a portrait of Hugh Peters on the verso. The final leaf contains a woodcut on the verso. Annotation on Thomason copy: "Sept. 1660", "Sept. 17". Reproduction of the original in the British Library. eng Peters, Hugh, 1598-1660 -- Early works to 1800. Marten, Henry, 1602-1680 -- Early works to 1800. Cromwell, Oliver, 1599-1658 -- Early works to 1800. Regicides -- England -- Early works to 1800. A89379 R209637 (Thomason E1842_3). civilwar no The Most vile and lamentable confession of Hugh Peters of all his bloody advices given to the late Oliver Cromwel,: touching all the horrid Peters, Hugh 1660 2423 4 0 0 0 0 0 17 C The rate of 17 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-05 TCP Assigned for keying and markup 2007-05 Aptara Keyed and coded from ProQuest page images 2007-06 Mona Logarbo Sampled and proofread 2007-06 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Hugh Peters . The most vile and lamentable CONFESSION OF Hugh Peters OF All his Bloody Advices given to the late Oliver Cromwel , touching all the horrid murders committed upon those Martyrs whose names are all herein specified , immediately after his apprehension neer Horsly-down , Sept. 4. Together with a conference between him and Sir Henry Martin , now in the Tower of London . Sing hey ho my honey , My heart shall never rue , Twenty four Traytors now for a penny , And into the bargain Hugh . London Printed , for John Andrews at the white Lyon near Pie-Corner . Enter Hugh Peters into the Tower . Martin . O Father Peters our Ghostly father , and prophane Teacher I much congratulate to see you here . Peters . No not so glad as I am to see you here Sir Henry , for indeed I thought you had been hanged half a year ago . Mar. Oh what need that Mr. Chaplin , so long as you and I can be hanged together ? Peters . Ah , ah , Sir Harry you say right that one Gallows might serve us both , but I knew the time once when a whole Kingdome could not serve us both . Mar. No , how could they when you Preacht the Destruction of three at once ? Peters . Ah , and had brought it to pass to , had you and I continued . Mar. Truly Mr. Chaplin I believe we had , for I could have perswaded Noll our Mr. that all things came by nature . Peters . Yes and I believe I went as neer to it , until he took an occasion to dye , as the devil would have it , then all our long labouring mischiefe came all unto ruine and confusion in a moment . Mar. But what did you think of Riohard the innocent ? Peters . Truely as much as ever I did , for I found him a fool at first , and even so I left him at last . Mar. But what say ye to Harry the Novice who had all Ireland , and an Army at command . Pet. Troth even as the Devil said to the Colier , like to like , for had he stood it out like a brave stout Rebel there , we could have plaid our high born prancks of vilany , and glutted our selves in the very Ocean of Tyranny , till the surged waves of Calamity had overspread the three Nations , then for quietness sake , we had been safe enough , I 'le warrant you . Mar. No not so secure as we are now , I 'le warrant you too . Pet. Nay but we had took our full swing in Rebellion then . Mar. Gad I cannot tell for that , but the full swing for Rebellion I am sure we shall take ere long . Pet. What swing do you mean , Sir Henry , speak out . Mar. The down-right English word , I know you are a Scholer , we shall take our swing upon Tyborn Gallows , do you under●●and me now ? Pet. I understand all can be but a hanging , and that I prophesied seven years ago t would be our end . Mar. Truly I wish then you had been hanged seven years ago , you could not tell us that jest in your Pulpit amongst them all , it might a been a warning to us , but I thought too sudden risings would prove divellish fallings at the last . Pet. Why how did you advance your self , Cousen Martin ? Mar. O lass Cousen Peters do you not know that I was first the Kings Jeweller , then a Judas , next his Judge , and walked one the right hand of the Devil , even to this place . Pet. And has he left the now ? Alas poor Dog of Egypt . But how long time were you ere you obtained your judgeship ? Mar. But one whole year , and then I was at the top of my self-minded Religion . Why were you Religious to ? O yes always for a colour , for I acted nothing but what was under pretence of Religion . Pet. Surely you must needs be some great Scholer then . Mar. No indeed Cousen Peters never none in my life . Pet. Nay then I know you could not other ways chuse but have a brave sweet disembling tongue of your own . Mar. Yes , yes , that I had ever from a youth , and a great many more besides you and I , but pray what were you Cousen Peters when your Money flow'd upon you like the Ocean upon the shore ? Pet. Why , Faith I was any thing then for money , Church-man , or States-man , and sometimes Privie-Counsellor , unto Old Oliver the Dragon of mankind . Mar. Ah , but what did you advise him to , in the prime of your flourishing , everlasting in famous ambition ? Pet. Alass , did not you know all this while what I advised him to ? Mar. Yes , you caused him to cease upon several Gentlemens estates , which did promote our horrid designes beyond Seas bravely , and paid for the contrivances of many a wicked plot here besides . Pet. Ay , and I made him to be head Doctor Hewit , and hangd Mr. Peter Vowel two Loyall Sub●ects of the Kings , and I believe I was bravely commended for it . Mar. Ah , but I am afraid now you l bravely hang for it . Pet. Tru●ly Cousen Martin I speak unfainedly upon the word of a Divine , I had as live be hanged for that , as for a lesser matter : but what brave acts did you advise him to bring under his rod of Tyranny ? Mar. O I and Oliver St. Johns were the two prime Imps , that first invented the plots concerning that Syndercombe who was hanged drawn and quartered afterwards , and buried upon Tower-hil . Pet. Pray Cousen Martin , relate to me the story how you invented that Noble piece of wickedness , for I was then at St. Albons Preaching up to the ears in Sorcery and Southsaying , to the poor hypocritical led away simpletons , yet every one gave a Tallent unto my treacherous Treasury , which amounted to above a hundred pound and more . Mar. Ah mary Sir , I think though I got the gown you got the money , but what did Oliver himself get do you think ? Pet. He get , he got the Devil and all by excise and customs . Mar. Truely , I am of your mind , for the Devil was alwayes very neer him ; and to you to I 'me perswaded . Pet. No not when I was in the Pulpit . Mar. Yes truly I am confident then most of all , for you were always telling us who ought to be sequestrated , and who to be hanged , and how to contrive and set our Engines at work upon t , which made us give more audience to that then ever we did to the best proof in Scripture . Pet. Why should you not , it did more concerne you then any thing in the Bible ever did I am sure on it . Mar. Nay , I must confess we did never much make our selves students in Scripture language , except it was now and then to make use of it for a colour to our ireligious , prophane , tyranicall actions for we was constrained ever to say t was for religion sake , and the libertie of the people . Pet. Aye brother Martin I did commend you highly in that , for indeed I think they might have had libertie to a gone a begging to what country they pleased at last . Mar. Truly I believe so they might , at the rate we held on : neither did we care what end went foremost so we might have kept them low enough , and by that means we knew we should rise high enough ; and then for sermons I believe we brought them to such a pass that there was never more Preachers know in England since Nebuchadnezzar the great Pagan . Pet. Truly Cosen Martin I think our Master Oliver did not go much behind him in all the best of his tyranicall murders , spoils , vilanies , had the devil spared him a little longer I did intend to have baptized him a new and called his name second Nebuchadnezzar . Mar. Why do you cosen Peters believe he was ever baptized in all his life . Truly I cannot tell that cosen Martin I never heard that ever he was . Pet. But I think he came to his dignity like Pope Bonifas , cuning like a fox , he lived like a lyon and died like a dog . Mar. But nevertheless let you and I give him his due Character he was the bravest contriver of plots as I verily believe the devil never went before him . Pet. No because he alwayes came after and put him formost to act his plots for he had a devilish brain with him alwayes and ever had . Mar. Aye truly cosen Peters t is a question whether the devil had not him at the last , ye or no . Pet. Nay as for that matter we need not to question , for I beleive t is very well known that we set him as forward on his way as any two alive could do : and he us , that 's the truth on it , for we were actually every one of us , joyntly & severally in all the horid murders , chancemedlies , burglaries , Rapes spoyls & Vilanies , frauds deceits and perjuries : therefore lets not curse one another knowing there be so many thousand do curse us already for wronging the fatherles , oppressing the widows , depriving the Orphants driving them by whole sale into utter ruine , extremity , calamities , miseries and destruction ; and now having declared no more then what do very well know to be truth and the most part of the three kingdoms can wittness , let us leave Noll where he is , and speak one little touch of our own unreconsilable proceedings , deploring fortune and cursing fate for our too sudden , unexpected , long deserved securement of these our sad , co●rupted , ilbegotten carkasses in the tower of London . I Person Peters fully do declare , And tell the world what ever I have bin , And if you please to hang me do not spare Because I proved Traytor to my King , The cause of Doctor Hewets death I was , And Peter Vowel hang'd at Charing-cross . And old Sir Henry Slingsby he likewise , With his gray hairs I brought him to his grave , Which at the bar he twice was on his knees Beseeching that a pardon he might have ; For as he was aged , so he was innocent , And in our plots he ne'r had finger in 't . But I most impious Vilain did put in , that he unto the Tower should be brought And Martyr like , to suffer for his King , I always in such horrid Murders sought , Then like a lamb he bowed down his hed , Which from his body soon was severed . When Peter Vowel came to Charing-cross , I was in person present to behold , He had a spirit so magnanimous , And wonderous in his Language he was bold , Quoth he I suffer for my King I hope , And then his neck submitted to the rope . Heavens did know , and now the world doth hear . What a Malefactor in my life I 'de been , My horrid acts are more then I can bear , For t is aleadgd I murthered my King , Though impious Villain yet will not confess Until such time I see how things will pass . Martin . I Hen. Martin late such prancks have plaid That generations now doth me deride , For Judas like my Master I betrayed And sate in judgment when that he was tryd This did I do for little wordly pelph , Which now could take a rope and hang my self . Peters . No , no , Sir Henry others they will take , The pains to hang you up upon a bough , For they on you Anatomie will I make , That all might say , see what 's come on him now , And when your heart they open do within They wonder will at such a stony thing . O brother Peters that was for the King , I prethy take that word away by stealth , you know long time together we have bin Both Thieves and Robers to the Common-wealth , And as the Devil pleased to bring us hither , So let us rebel like now hang together . I Henry Martin now cannot confess , No more then what good people all doth know , I tutered was always in wickedness , And Traytor both to King & country too And now to the Tower late I have come hither , Where I and Parson Peters are together . FINIS . Hugh , thou art welcome to the Tower , We are glad we have got you in our power , And hope ere long hither to bring , The whole pack of Rogues that murther'd the King , 
A26058	----	The cry of royal innocent blood heard and answered being a true and impartial account of Gods extraordinary and signal judgments upon regicides : with an historical relation of the deposing, murthering, and assasinating of several kings of England, Scotland, France, &c. ... Assheton, William, 1641-1711. 1683 Approx. 186 KB of XML-encoded text transcribed from 72 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A26058 Wing A4026 ESTC R23635 07869634 ocm 07869634 40182 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A26058) Transcribed from: (Early English Books Online ; image set 40182) Images scanned from microfilm: (Early English books, 1641-1700 ; 1194:29) The cry of royal innocent blood heard and answered being a true and impartial account of Gods extraordinary and signal judgments upon regicides : with an historical relation of the deposing, murthering, and assasinating of several kings of England, Scotland, France, &c. ... Assheton, William, 1641-1711. [6], 126 p., [1] leaf of plates : ports. Printed for Daniel Brown, London : 1683. "Entred according to order." Reproduction of original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Regicides. 2006-02 TCP Assigned for keying and markup 2006-08 SPi Global Keyed and coded from ProQuest page images 2006-10 John Latta Sampled and proofread 2006-10 John Latta Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion THE CRY OF Royal Innocent Blood , Heard and Answered : Being a True and Impartial Account of Gods extraordinary and Signal Judgments upon REGICIDES . With an Historical Relation of the Deposing , Murthering , and Assasinating of several Kings of England , Scotland , France , &c. for near 600 years last past . With the Plots , Conspiracies , Means and Methods that were used to compass their destruction . As likewise Gods signal Vengeance immediately succeeding such Tragedies , upon the Nations in which they were suffered to be perpetrated , as Famine , War , Pestilence , Murraine of Cattle , Fires , Earthquakes , and Inundations . Worthy the perusal of all , and may serve as an Antidote against Faction and Rebellion . Touch not my Anointed , nor do my Prophets no harm , Psal . 105.15 . Entred according to Order . London , Printed for Daniel Brown at the Black-Swan and Bible without Temple-Bar , and Tho. Benskin in St. Brides Church-Yard Fleet-Street , 1683. K Edmund the 30 Mon of the Enalishmen Assasianated . K· Edward the II. Deposed & Murthered K· Richard the II. Deposed & Murtherd . K· Henry the VI. Deposed & Murthered K Edward the V. Murthered . K· Henry the III of Fra Assasianated K Henry the IIII of Fra Assasinated Henry Stewart K of Scotland Murthered K· Charles the I. Martyred Printed for Dan Browne and Tho. Benskin 1683 TO THE READER . REader , what ever thou art , consider well this Treatise , in which as in a Mirrour , you may behold the Machivilian Policies of Wicked and desperate Men , formed to bring about their Diabolical purposes , and at the same time observe how the unerring hand of Divine Vengeance has overwhelmed them with swift destruction ; for what greater Affront can be offered the Almighty , then with Sacralegious Hands to shed the Blood of his Anointed , even those whom himself has Chosen from amongst all the Sons of Men , to bear his Sacred Character , and Govern as his Vice-Gerents upon Earth , on whom he has doubly Stamp'd his bless'd Idea , and has declared that by him they Reign , and Honoured them with Titles above the ordinary rank of Men , viz. I have said ye are Gods , &c. as indeed they are Gods upon Earth , to Execute Justice upon the Wicked , and Cherrish the Virtuous , against whom the wise Man says there is ( that is , there ought to be ) no rising up , and that we ought not to speak Evil of them , no not in our Hearts , yet such have been the Hellish Engins raised by the Prince of Darkness , that ( not regarding their Allegiance to the King of Kings , nor his Vice-Gerents ) contrary to all Oaths ▪ and strictest Ties , have not feared to perpetrate such Villanies as in their effects have made whole Kingdoms groan , but added Guilt to Guilt , by making Religion the Cloak of their Horrid Impieties , or at least the Reformation of the Kingdoms wherein their Villanies were Acted , which ( as they insinuated into the unthinking Plebeans ) must of necessity be effected , or that all things would sink into inevitable Ruin , when at the same time , these Instruments of Satan , were brooding more miseries and dire Calamities then Pandoras-Box contained , Plagues to Afflict Mankind , and turn all things into Confusion , though for the most part the Pitt that they digged for others , themselves have fallen into , for it has been observed , how crafty so ever the Regicides of all Ages have been to bring about their amazing Impieties , yet none of them sooner or later have escaped the Hand of Divine Vengeance , either in some Signal and Exemplary Punishment , or by the wounds of a torturing Conscience , even in this Life , as is at large discovered in this Treatise , which contains the Tragedies of many good Kings of these latter Ages , Deposed and Murthered by their Subjects ( or rather Devils in the Shapes of Men ) especially such Kings of England , as have come to untimely Ends by such means , for Six Hundred Years past ; together with Compendious Histories of their Lives and Reigns , and the Calamities that thereupon have befallen this and other Nations ; Worthy the perusal of all Persons , and may serve as a terrible Memento , or Warning-Peice to those whose Consciences Start not ( when either Ambition or Profit is the Master ) at the Horridest Impiety that Hell can Dictate . THE CRY OF ROYAL BLOOD Heard & Answered : OR , An Historical Account of the Deposing , Murthering , &c. of several KINGS of England , &c. and of Gods severe Vengeance on the Regicides . AMongst the many Crimes that hasten Heavens vengeance on wretched miscreants , there is none so vile in the sight of the Worlds Creator ( who is a God of purer Eyes than to behold iniquity ) than the loud Tongu'd Scarlet Crime of shedding innocent Blood ; a sin so heinous , that it seldom escapes Exemplary punishment in this World , the better to deterr barbarous wretches from violating the Persons , and bereeving of Life those on whom God has been pleased to impress his Sacred Stamp , by Inspiring them with immortal Souls , and setting before them a large prospect of Heaven and Eternal happiness ; but more immediately when Hell-born Villains dare Murther those on whom his Sacred Image is doubly stamped , as Kings and Men , against whom they should not imagine evil , no not in their hearts . But since History abounds with the relation of such execrable Treasons , and villainous Assassinations , I shall make it the subsequent discourse of this Treatise to lay open the nature and manner of those amazing Tragedies , by what means and treasonable divices , the Regicides of almost all Ages have accomplished their most pernicious Enterprizes ; and how Heavens vengeance with a level aim , at first or last has hit them sure , and brought them to destruction . Passing over the Murthers of Agamemnon , Darius , Alexander the Great , Hannibal , Pompey , Caesar and divers other Emperours , Kings and Princes , who fell by treachery , and whose Blood was thorowly revenged on the Murtherers , even when they supposed themselves the most secure , I shall proceed to more modern times , and not exceeding 670. years past : And First , I shall begin with the Murther of good King Edmund , Sirnamed the Ironside , being the thirty third Monarch of the English-men . This King of the Saxon Line , succeeding his Father King Ethelred , was Crowned at Kingstone upon Thames , by Livingus Arch-Bishop of Canterbury , on the 16 of April , Anno 1016. At what time the Pagan Danes , with bloody cruelties insested this Island , destroying and burning all before them , without regard to either Sex or Age. But such was the success of this valiant King , that he not only put a stop to their proceedings , but gave them many fatal overthrows , and had past all dispute forced them to have left the prey , the which so long with bloody hands so eagerly they grasped , had it not been for the prodigious Treasons of the Monster Edrick , a Person who by this Kings means , during the Reign of his Father , though ill deserving such a Title , had been created a Duke , and was now General of King Edmund's Army , and by the power of such a trust , sought by all means the downfal of his Lord , which to his Eternal Infamy he at last effected , as shall hereafter be related . Long time had this treacherous Duke sought opportunity to bring the good King to destruction , but success so waited on his Arms , that for a long time no advantage could be proposed ; for had he done it whilst the Danes were weak , his hopes had been frustrated : Yet growing impatient of delay , he resolved to make some attempt to bring about his wicked purpose . And therefore a fierce Battel being begun between the English and Danes at Sherostan in Worcester-shire , which continued bloody and doubtful for two days ; but in end the Danes beginning to shrink , Edrick presently cut off the Head of one of his own Soldiers , named Osmearus ; like the King in Hair , shape of his Beard and Countenance , held it upon his bloody Sword , still gasping , and cried to the English Host , fly wretches , fly , get you away for your King is slain , behold his Head , therefore seek now to save your own Lives . The fight so daunted the courage of the English , who entirely loved their King , that the Battel began to swerve , and wanted but little of plain flight , which had certainly been , had not King Edmund understood the cause , and instantly from a high place shewed himself to his Soldiers , with many words of incouragement stayed them in their Ranks , and by entering amongst the rest of the Squadrons , given them new vigour , so that plainly perceiving the treachery , they bent their Bows against the Traitour , and had dispatched him , had he not sunk into the Rear : Yet they turned their fury upon the Danes and made great slaughter , even till the Field was coloured with Blood , continuing the Fight till Night parted them . At what time the treacherous Duke came to the Kings Tent , and after much seeming submission , excused his Treason , by alleadging he was mistaken in the Countenance of the Man , and thirsting to save English Blood , advised them to shift for themselves : As for the former part of the excuse , 't is not doubted but he spoke true ; for that day the King was disguised in the Battel , and this wretch who sought his destruction , might in the hurry take Osmearus for him , and for that cause slew him . But such was the goodness of the King , that his dissimulation gained belief , and he was again received into favour , though contrary to the mind of the Kings Council , who would have had him banished , and well had it been for King Edmund , had their advice been taken ; for a treacherous friend is more dangerous than an open Enemy . This stratagem failing , the Danes raised their Camp in the dead of Night , and Marched with all speed towards London , which City continued Loyal to King Edmund during his Life . The King the next Morning having notice of the Danes departure followed with all his Host to prevent the spoil , and by his swift Marches , so terrified the Danes , that they altered the purpose they had to besiege the City , and the King entered it in Triumph . And two days after having refreshed his Army , resolved to follow his advantage , and thereupon Marching to Branford , where the Danes were Encamped , he gave them a great overthrow ; which Edrick perceiving , and fearing the Danes would be forced to leave the Land , he advised King Edmund to make a truce with them , using so many Arguments that he prevailed with the King , even when he had them all at his Mercy , and therefore leaving London , he retired into the West . The Danes no sooner perceived themselves free from danger , but they fell to plundering and burning as fearfully as ever , which caused the King again to advance , and entering Kent with his Army , near unto Oateford , he gave them Battel , which continued doubtful and bloody for the space of four hours . When the Danes Vauntgard giving back , their Horse upon the Right advanced , yet fell soon into disorder , and retiring amongst the Foot put them to the rout , so that they were slain on all hands , leaving above four thousand dead on the place ; when of the English there died not above six hundred , and here had not the Traitour Edrick stopped the English in pursuit of their Enemy , by laying before them the danger of an Ambush , the Danes had never more been able to have made Head. But by this means they had leisure to pass into Essex , and send for recruits from beyond the Seas , and then began to tyrannize as much as ever , which caused King Edmund to enter Essex with his Army flushed with many Victories , and at Ashdon three Miles from Saffron-Walden , gave them Battel , which was fiercely maintained on either side for many hours , till in the end the Danes began to recoil , which Edrick perceiving , drew off his Party , and fell to the Enemy , by which means they became Victorious : So that there died of the English Nobility , Dukes , Alfred , Godwin , Athelword , Athelwin , and Earl Urchin , together with Cadnoth Bishop of London , and Woolsey Abbot of Ramsey , with many other of the Clergy that were come thither to pray for the success of the Army against the Pagan Danes , the remembrance of which overthrow is retained unto this day . King Edmund thus betrayed was forced to retire from the Field on foot , and with the remainder of his Army marched to Glocester , whereupon London submitted to the Conquerors , as likewise did all the places of strength adjacent . Yet such was the love of the English to their King , that they from all parts resorted to him , and earnest to regain the late dishonour , though at the utmost hazard , soon recruited his Army , and came on to meet the Danes , who swell'd with success were advancing Northward and at Dearburs near unto the River Severn met , where both Armies were set in Battel Array ; when just as the bloody blast was about to be sounded , A Captain stepped between the Hosts , and desired to be heard , which being granted , he thus began . Many Battles ( said he ) have been fought , and many streams of Blood already shed for the Sovereignty of this Land between these two valiant Nations , and the courage of the Generals , Captains and Soldiers sufficiently tried , wherein Fortune her self seemeth to have been Conquered ; for if at any time a Battel was won , it was not long kept , neither the Conquered so weakned , but that he retained both Courage and power to turn the Scale . What is the mark then you aim at ? Is it honour and fame ? Titles indeed that attend on War ; but seldom long enjoyed , or rarely fall to the lot of the common Soldiers , at the price of whose Blood they are for the most part purchased . Let him therefore that would wear the Crown hazard himself to avoid the slaughter of many men , and by single Combate try who is most worthy to Command , and who to Obey , or divide betwixt them the Kingdom , which is large enough to maintain two , having heretofore maintained seven Reigning Kings . This Proposal was imbraced by King Edmund as the best expedient to put an end to a hazardous and doubtful War ; as likewise by Canute King of the Danes , who by mutual consent went into an Island called Alney , standing in the Severn , adjoyning unto the City of Glocester , where both being strong of body they fought like Lions , one to secure his Kingdom , the other to gain it . But in the end , the Dane being wounded , he intreated a parly , which Edmund granted , and then with a loud voice thus proceeded ; What necessity should thus move us , most Heroick King , that for the obtaining of a Title , we should thus indanger our Lives ? Is it not better to lay malice aside , and condescend to an amicable agreement ? Let us now therefore become sworn friends , and divide the Kingdom between us , and in such a League of friendship , that each may use the others part as his own , so shall this Land be peaceably Governed , and we mutually assist each others necessity . This Speech ended , both the Kings cast down their Swords , and imbraced each other , upon which great shouts arose in either Army , who before stood doubtful of the success , and this accord being ratified , the Kingdom was divided by Lot ; and that part bordering on the Coast of France fell to King Edmund , who howsoever enjoyed it not long , for in this Treaty the offence of Duke Edrick was included , and upon his submission he taken into favour by the good King , and so continued as it were glutted with the favour and princely bounty of two Kings , till at last resolving to perfect his many Treasons begun , he watched his opportunity as King Edmund was alone in the Draught-house evacuating , and having placed himself beneath , with a sharp Spear he run it up into the Kings Belly , that he there died ; then coming up , he traiterously and inhumanely cut off his Head , and escaping with it undiscovered to Canute the Danish King , and presenting it to him with these fawning Salutations : All Hail thou now sole Monarch of England ; for here behold the Head of thy Co-partner , which for thy sake I have adventured to cut off . Canute though ambitious enough of the Soveraignty , yet of Princely disposition , abashed , and sore grieved at so unworthy and disloyal an attempt , replied with an Oath , that in reward of that Service the bringers Head should be advanced above all the Peers of his Kingdom ; which high honour whilst the traiterous wretch greedily expected ( and indeed for a time found some favour ) his Head by the Kings command was smitten off , and fixed upon a Pole on the highest Gate of the City of London , as he most justly deserved : His Wife and Children were banished ; and great was the rejoycing throughout England at the Death of this prodigious Regicide , and betrayer of his Country . King Edmunds Body was buried at Glasten-bury near to his Father King Edgar ; he was of person tall , for Courage hardy , strong of Limbs , and well could indure the inconveniencies of War ; for which some think he had his additional name of Ironside ; with him at that time fell the Glory of the English , he leaving but one Son , viz. Edward , who was Sir-named the Out-law , by reason all the Reign of Canute he lived in Hungary , and there Married the Queens Sister , not returning into England till the Reign of his Uncle King Edward the Confessor . Thus fell this good King , and thus Heavens vengeance overtook the Traitour , whose miserable end in some sort made an atonement for the innocent Blood shed by wicked hands ; as likewise for the Death of Sigefreth and Morcar , King Edmunds Queens former Husband and Brother , who were murthered at Oxford by the contrivance of Edrick . CHAP. II. The Historical relation of the deposing and barbarous Murther of Edward the Second , commonly called Edward of Carnarvan , King of England , Lord of Ireland and Duke of Aquitaine , and the Forty eighth Monarch of England ; with the manner of Gods vengeance upon those that were guilty of shedding his Blood. EDward the Second of that Name since the Conquest , was Son to Edward the First , ( the terror of Syria , and dread of Scotland ) and his Wife Queen Elenor , Born on the 25 of April , 1284. at Carnarvan in North-Wales , and after the Death of Lewellin ap Griffith ; in regard of the place of his Nativity , he was with the general consent of the Welch created Prince of Wales , which Title has ever since devolved upon the Heir apparent to the Crown of England : This Edward being the first who had that Dignity conferred on him , and his Father dying , he was Crowned with great applause in the 23. Year of his Age : Then having setled the Affairs of Scotland , he passed over to Bulloin , and there in great state was Married to Isabel Daughter to Philip the fair , King of France , and returned with his Bride , not passing twelve years of Age in great Triumph , when as taking into his Favour one Pierre Gaviston ( whom his Father had banished , but himself intirely loved ; ) many of the Nobility were displeased , though the King made no great account of such their displeasure : This Gaviston was a stranger by Birth , Born in Gascoigne ; but a Gentleman in all respects , being in his younger years brought up with the King , during his being Prince of Wales , and now made Earl of Cornwel ; yet so prevailed the Enviers of his rise , that they procured a Decree for his perpetual Banishment out of England : But the Kings love still following him , he was made Governour of Ireland , and within a while revoaked ; and in his return met by the King at Flint-Castle in North-Wales ; and there had bestowed on him to Wife Joan of Acres Countess of Glocester , the Kings Sisters Daughter . Yet so far prevailed the discontented Lords , that a third time they procured his banishment , but beyond the Seas his life being often put in hazard by the procurement of his Enemies ; as some suppose by the Kings secret sending for he returned within six Months , to the great trouble of the Queen and her party , who by this time began to disaffect her Husband , and joyn with the Lords against Gaviston . Whereupon first seeming to Petition for a redress of grievances , they after took up Arms , of which the Earls , Lancaster , Warwick and Hereford were chief , and within a while the Earl of Warwick at a place called Blacklow ( afterwards Gavenshead ) having surprized Gavinston cut off his Head , to the high displeasure of the King ; who at that time was not capable of hindering it , yet excessive was the grief and displeasure he conceived ; so that the Lords thought it not safe to lay down their Arms till they had reconciled themselves to the King , which was done by the mediation of Gilbert Earl of Glocester , and several Prelates who travel'd therein . Yet not so firm but the King continued a secret displeasure against the chief Actors , but his melancholy was diverted by the Queens being delivered of her first Son at Windsor , who succeeded him by the name of Edward the third , as shall hereafter be related . The Scots upon notice of this Intestine broil grew haughty , and under the Command of Robert their King , not only put many affronts upon the English , who so long before had Lorded it over that Nation , but made several Inroads into the Northern parts , which caused King Edward to draw together a great Power , composed as well of Foreign Nations as of English , and marched against them . But several of the disaffected Lords , under pretence that the King had not ratified the promised Liberties and Priviledges , refused to assist him ; so that for want of good conduct , though the English exceeded the Scots in number , yet coming to a Battel at Banocksbourn near Streveling , the English were overthrown more by stratagem than plain force , for the Scots having digged pits , and set up sharp stakes in them , cover'd them over with Earth and Hurdles ; so that the English Horse charging furiously , their weight broke the Hurdles , and there goring on the stakes became useless , being in that manner killed on all sides by Scottish Archers , who let fly at them as thick as Hail . Upon this discomfiture , the King was resolved to die in the Field , and much perswasions were used to induce him to save himself by retiring . In this Battel fell the Earl of Glocester , and the Lord Clifford , and about 700. Knights and Esquires , and as Modes Accountans relates , 6000. common Soldiers , though the Scotch Historian will have it 15000. The King being retired to York , resolved to raise a new Army to revenge this dishonour , but such was the perverseness of his Nobility that it came to nothing ; yet the Scots heightned with this success attempting to win Ireland were overthrown , and Edward Brother to King Robert , who had caused himself to be Crowned King slain . And now the King having lost his Privado or second self , to whom he might open the Cabinet of his thoughts , to supply the Room of Gavistone , began to settle his affections on Hugh D' Spencer Lord Chamberlain , and so doated on him , as likewise on his Son for his sake , that all things moved by their advice , which more inraged the discontented Lords than the actions of Gavistone had done ; especially when they perceived two to spring up in the room of one . Yet so far the Lords prevailed , that they procured their banishment ; but not long , for the Earl of Lancaster and the Lords of his Faction taking up Arms , the King was resolved to maintain his Regal Authority , though with the loss of his Life : And therefore marched against them , who now upon some distaste given , were deprived of the Queens mediation , and thereupon commandment was given for the reversion of the Sentence against the Spencers , which was performed at London by the Arch-bishop of Canterbury and his Suffragan : And now the King having increased his Power , followed hard upon the Lords , and caused Lancaster to draw off his Army from Burton upon Trent , and march towards Burrowbridges , when in the way several of the Lords of his Faction left him , and threw themselves upon the Kings Mercy , amongst whom was the Traitour Mortimer . Lancaster with his retinue being arrived at Burrow-Bridges , was there stopped by Andrew D' Hackerly Captain of Carlile , and Simon Ward Captain of York , who had gathered great forces in those parts , and there after some parly , he and the Lords of his Faction surrendred themselves : When three days after the King came with all his Forces , and Erected a Court of Justice , where the Earl of Lancaster , and most of the Lords and Barons that were taken being Sentenced as Traitours , were shortly after Executed , besides a number of the meaner sort , though contrary to the Kings own inclination , as many suppose by his afterwards bewailing the Death of his near Kinsman the Earl of Lancaster . Things being at this pass , the Queen began to conceive high displeasure at the proceedings of the Spencers , who had prevailed with the King to abridge her allowance ; whereupon she complained that she was rather kept as a waiting Woman , than a Queen or Heir of France ; and at that time Charles the Fifth King of France seeking occasion of quarrel against the English , took this advantage , and secretly dealt with the Queen to obtain leave to come to his Court , and to bring with her Prince Edward her Son , which she effected , and at the same time the Lord Mortimer having corrupted his Keepers , or as some will have it , by giving them a sleepy Potion , got out of the Tower and fled into France : Where upon the Queens arrival , he became of her Cabinet Council , and otherwise more familiar than either became her honour , or his duty , as in place convenient will appear . These things happening , and great differences arising between the two Nations , Queen Isabel taking the advantage , solicited her Husband that she might go over to mediate and reconcile the business , which request of hers was seconded by the Lord Spencer , who perswaded the King from going over to secure his possessions in Normandy in person , upon no other account then that he was afraid to stay behind him . Upon this intercession of the Spencers , the King consents to the Queens desire , and all things were prepared to transport her ; where indeed upon her arrival , she so sar prevailed with her Brother , that matters of debate ceased , upon condition that King Edward should give to his Son the Dutchy of Aquitaine , and Earldom of Pontine , which was accorded to , and the Prince sent over to do Homage to his Uncle for them , though to the utter undoing of the King his Father ; for now the Plot began , which in the end dispossessed him of his Crown and Life , though coloured under a pretence of ruining the Spencers ; which specious pretext drew many who would otherwise have been unwilling to have ●ngaged . The Prince having payed his Homage to Charles D' Volois King of France , was together with Queen Isabel , his Mother , sent for back , but the conspiracy not yet having taken root , she made many trivial excuses to delay time , which Walter Stapleton Bishop of Exeter , who attended on the Prince perceiving , and having had some knowledge of the frequent Councils that were held , and seeing the Kings Enemies in such favour with the Queen , amongst whom Mortimer was chief , he as in duty bound , secretly returned and advertised the King of the imminent danger ; who thereupon solicited ( though to no purpose ) the King of France to send over his Wife and Son. Whereupon he unadvisedly caused them to be proclaimed Enemies to the Kingdom , and banished them with all their adherents : Which discovery and Sentence of Banishment so nettled the Queen and her Accomplices , that after some feigned submission , she resolved by open force to enter the Land , and thereupon without the consent of her Husband , or the Peers of England , she affianced her Son Prince Edward to the Lady Philippa Daughter to the Earl of Hanault , and with the Money of her Portion , levied Soldiers in Germany and other places . Upon notice of these proceedings , the King thought it time to strengthen himself , and therefore set forth his Navy , which scouring the narrow Seas , brought in a Hundred and twenty French Prizes ; as likewise he fortified the Sea-Ports , and put Garisons into the places that stood most advantagious to hinder the landing of a foreign Army . Yet the Queen and her Confederates put to Sea , her whole Power not exceeding 3000 of all Nations , and two days before St. Michaels day , landed at Orwel in Suffolk , the force being commanded by the Lord John , Brother to the Earl of Hanault . The news of their arrival coming to the Kings Ear , he seemed like one amazed , and at first would not credit the report ; but upon his being further certified , he sent to the Citizens of London for Aid , who answered that they would honour with all submission the King , Queen and Prince , but resolved to shut their Gates against strangers , and to withstand them to their power ; this answer bearing no favourable Construction to the King , he committed the charge of the Tower , and in it his other Son commonly called John of Eltham , in the Custody of Sir John D' Weston , and retired with his favorites the Spencers , Baldock , and others into the West , to gather forces against the Queen and her Accomplices , having first Proclaimed them Traitours , and offered the reward of 1000 pounds to any that could take the young Lord Mortimer dead or alive : And by this his unadvised abandoning his chief strengths , he gave the Queens party opportunity to strengthen themselves , several Lords and others daily coming to their assistance , and the better to terrify the Kings partakers , and to colour the Treason , it was rumour'd that the French King had sent with his Sister so many Dukes , Earls and Lords , that England would not suffice to feed them , and that the Pope had sent to Excommunicate all the Kings partakers ; for which purpose two Cardinals had been sent over , and credibly reported to have been seen in the Queens Camp , though all was but fictitious ; and further to ingratiate with the People , she caused it to be Proclaimed , that her coming was only to remove evil Councillors from the King ( the same pretences that were used by our late forty one Parliament ) though Roger Lord Mortimer was the man that chiefly Councilled all the mischief ; then were the Kings favorites branded with the names of Traitors and Enemies to the Nation , and 1000 pounds bid to any that could bring the younger Spencers Head. And thereupon the Londoners rise in a tumultuous manner , and commit many outrages , cutting off the Bishop of Exceters Head , as likewise the Head of John Le Marchel , whom the King had appointed to Govern , the City . They likewise broke open the Prisons , and set all Prisoners at liberty , got into their possession the Tower , and taking thence the Lord John of Eltham , proclaimed him Custos or chief Governour of the City ; and the Queen likewise to strengthen her Faction , caused most of the Prisons in England to be set open , and repealed such as had been banished ; so that thereby her power greatly increasing , She , or rather the Lord Mortimer , followed the King , who destitute of friends still fled before his pursuers , who besieged Bristol , and therein took the Elder Spencer , whom without any form of Trial they cut up alive , having first exposed him to the fury of the People , upon notice of which the King entered on Ship-board , and intended to fly for Ireland , but upon further consideration came ashore in Wales , and there for the love the Welshmen bore him , was concealed for many days in the Abby of Neath ; but the Queen and her Accomplices coming to Hereford , after Prince Edward was Proclaimed High Keeper of England , Henry Earl of Lancaster , Brother to the late Earl of Lancaster , Sir William Delazouch , and others who had Lands in those parts where the King absconded , were sent in quest of him , with sums of Money to facilitate the discovery ; who in the end surprised him , together with the young Lord Spencer , Robert Baldock Lord Chancellor , and Simon de Reading , whom without any respect to the Person of the King , they conveyed to Monmouth , and from thence was the King carried to Kenelworth Castle , and there committed to the keeping of the Earl of Leicester , but the rest to Hereford ; where without any form of Trial was put to death the Lord Spencer , being hanged on a Gallows fifty foot high , and Robert Baldock committed to the keeping of the Bishop of Hereford , who sent him up to London , and exposed him to the fury of the Rabble , who though a Bishop , was used by them in such a barbarous manner , only for being true to his Soveraign , that within a short time after he died ; the Earl of Arundel and two other Gentlemen of note were put to death to pleasure Mortimer , and now the mournful King divested of all his friends , being at Kenelworth , there repaired to him the Bishops of Winchester , Hereford and Lincoln , two Earls , two Abbots , four Barons and three Knights from every County , with two of the Judges as from the Parliament , which the Queen had called at London to perswade him to a Resignation of his Crown to his Son Edward , and so many devices they had heaped together , that in the end having first given private notice to the King of their approach , and the cause , they came to Kenelworth , and presented themselves before the King , who clad in black sutable to his mournful condition , came out of an inward Chamber , when in the head of the company set in order according to their qualities , the Earl of Leicester and Bishop of Hereford began to declare the Message with which they were charged by the Body of the Kingdom , as they termed the then sitting Parliament , alledging that the Common-wealth of England was weary of his Government , and conceived such irreconcileable dislike of his management of Kingly affairs , that they would by no means permit him longer to Reign over them , but were contented that his Eldest Son Prince Edward should succeed him in his Throne , if he would make a voluntary Resignation ; if not they would proceed to Elect another not of his Blood , &c. The sound of this mournful Message struck so to the Kings Heart , that e're any could prevent it he fell to the ground , and lay stretched in a swoon a considerable time e're life could be perceived , or he recovered to his Senses : But in the end recovering , he with many heavy Sighs bewailed his Infortunate condition , and began to parly with his Vassals , but found them inflexible , persisting in threatning sort , to tell him , that unless he would freely resign his Diadem to his Son , and disclaim all Right-to the Crown , they would return his Answer , and that immediately thereupon the Parliament would proceed to the Election of another , not of his Race . These Menaces made the distressed King ( who now was fallen low in the Opinion of his Subjects through the false insinuation of the factious Lords ) to consent to their hard proposals , confessing that for his many sins God had permitted these Calamities to fall upon him , but seeing they had not rejected his Race , he was content to submit . Whereupon they proceeded to the new invented and never before practised Ceremony of dekinging their Sovereign , which in this manner was performed by Sir William Trussel , one of the Judges , who found out a Law Quirk to colour the detestable Treason as followeth . I William Trussel , In the name of all Men of the Land of England , and of all the Parliament , Procurator , resign to thee Edward , the Homage that was made to thee some time , and from this time forward , I defie thee , and deprive thee of all Royal Dignity , and I shall never be Tendant to thee as for King hereafter . This Ceremony or rather compact of Treason being utter'd , Sir Thomas Blunt Steward of the Houshold broke his Staff , and Proclaimed the Kings Houshold discharged from any further Service ; and then leaving the King divested of Regal Authority , and under strong confinement , they posted to London to tell the news , which was joyfully received , especially by Roger Lord Mortimer of Wigmore ; though the Queen the better to colour the Treason , seemed much disturbed at the relation of the Kings deposing . Now the next business was to set the Crown upon young Edwards Head , whom by reason of his Minority they thought to Rule as themselves thought fit ; who notwithstanding his being but fifteen years of Age , utterly refused to admit of the Ceremony , till he was assured it was with his Fathers free consent : But at last submitting to the perswasions of the Queen and Mortimer , he was Crowned , and Proclamation put out in his name , to satisfie the minds of people , touching the free Concession of his Father . Things being at this pass , the Queen began to think of securing her self a Dowry , which she did so large , that it amounted to two parts of the Revenues of the Crown , which she delivered to the disposal of Mortimer , at whose command she solely was , even as Fame reported , both at Bed and Board ; but their security being interrupted by the pitty many seemed to have for the miseries of the Deposed King , they well knowing if he were again restored to his Dignity , it would prove their confusion ; therefore laying aside all remorse , they entered into a conspiracy to make sure of him for ever by Murther . Whereupon removing him from Kenelworth , and out of the Custody of the Earl of Lancaster , who they thought too much favored him ; he was delivered into the Custody of Sir Thomas De Gournay , and Sir John Mattravers , two bloody Sycophants , who conveyed him to Corfe Castle , from thence to Bristol , and then to Berkly Castle , where after many barbarous and vile usages , they Murthered him ; the manner according to Holinshead thus : The Kings Death being resolved on , Mortimer procured Adam De Forleton to write this doubtful but most wicked Sophism , and to be Sealed with the Queens Seal . Edvardum occidere nolite timere Bonum est . To shed King Edward's Blood Refuse to fear I count it good . Where the Comma being put after Nolite , bids them not to make him away , but placed after Timere expresly commands it ; in performing which execrable Villany these Monsters were not slow , and the better to colour the Regicide , lest any outward appearance of violence should be observed they by force bind the good King , and ( O barbarous inhumanity ) putting a Horn into his Fundament to keep the outward part from seering , they thrust a hot Iron through it , and therewith twisted his Bowels to pieces , not once only , but often repeated the cruel torture , the which how painful may be guessed by the pittiful out-cries the King made whilst they were putting him to death , which cries were heard by many , but none durst venture to relieve him . After this foul and barbarous Murther committed , it was blazed abroad that he died of grief , and thereupon they publickly exposed his Body to the Prelates , and others for several days ; but in a short time the Murther , which is seldom hid came to light , and the Actors known , though the Queen and Mortimer deeply dissembled the matter , and to outward appearance seemed greatly afflicted . Upon the discovery Gorney and Mattravers fled , the former of which was taken at Massels in France , where he produced the Queen and Mortimers Seals for what he had done ; whereupon secret Orders were sent for Beheading him on Ship-board in his way for England , lest had he come to a Trial , he should have made a full discovery of the chief Conspirator ; as for the latter he wandered about miserably in forreign Countries , and at last died miserably in Italy , being eat up with Ulcers : And Gods vengeance found out these Monsters of men , nor was it slow in punishing most deservedly Roger Lord Mortimer , the chief Contriver of the wicked Parricide , who having attained to the height of his ambition ; for he together with the Queen being at his Castle of Nottingham one Evening ( upon a bruite that his Mother was with Child by Mortimer ) the King with a well affected Company having entered a Vault that went into the Castle , passed on till he came into the Chamber where the Queen was in Bed , and Mortimer undressing himself to go to her , and so secure they were , that they had left open the Chamber door , whereupon the King caused him to be seized , which was not so easily done , but two or three were killed in the attempt ; for Mortimer had at that time a Retinue of fourscore Knights and Gentlemen attending him ; but in spite of resistance he was carried off : And within a while after condemned ( in Parliament ) for being accessary to the Murther of the late King , betraying the Nation , and wasting the Coin ; as also for committing adultery with the Queen : Whereupon he was soon after drawn to Tiburn then called the Elms , and there hanged , where by the commandment of the King , he continued hanging for two days , being pittied of none ; nor did he fall alone , for with him were Executed Sir Simon De Bedford , and John Deverel Esq both concerned in King Edwards Murther , and thus Heavens vengeance aim'd sure and overwhelmed in the height of their pride and security , these Monsters of men that durst by cruel tortures , shed the Blood of their Anointed Soveraign . CHAP. III. The Birth , remarkable passages , deposing and murthering of Richard the Second , King of England , France , and Lord of Ireland , the fiftieth Monarch of England ; with the manner of the Conspiracies against , and Vengeance that overtook many of the Regicides . RIchard the Second was Son to the black Prince , and Grandson to King Edward the Third , being Crowned in the Eleventh year of his Age , at the first entry upon his Kingdom all things promised him a peaceable and prosperous Reign ; but it continued not long so , for by reason of the ill conduct of affairs in his Minority , John Duke of Lancaster ruling all , who was in hatred with the Commons , great numbers of the Rabble rose in many Counties under the Conduct of their factious Leaders , upon pretence of Redressing grievances , the common Cloak of Rebellion ; the principal Commanders being Wat Tyler and Jack Straw , two Mechanicks , who committed many outrages , as burning , plundering and murthering in most places where they came , and were so far sided with by the City of London , that they entered it without opposition , and took the Tower wherein the King was , and were designed to murther him , had not providence prevented it , by his condescending to what they demanded , though never so unreasonable , and granting a pardon to all for what offences soever had been committed , upon which a great part acknowledged the Kings Concessions satisfactory , and so returned home ; yet their grand Captains keep their Armies on foot , and still drew up unreasonable Petitions , such as they knew the King could not with honour grant ; and hereupon they took a pretence of doing more mischief , intending to have divided the Kingdom amongst Mechanicks , every County to have had a King of the Commons , as they termed it : But e're they could bring their rebellious purpose to perfection it it was prevented , for Sir William Walworth then Lord Mayor of London being with the King at a Treaty with Wat Tyler , and hearing the Traitor speak irreverently of his Soveraign , and offering to murther one of the Kings Knights , for not shewing him such respect as he required , he with his drawn Sword Arrested him as a Traitor in West-Smithfield , and he refusing to yield , some Lords coming in he was killed , and had his head cut off and carried on a Spear out of the mouth of which he had before impiously protested that all the Laws of England should proceed . At the fall of their grand Captain the Rebels were much grieved , and being near twenty thousand strong , resolved upon revenge ; but the young King spurring forward , told them , that he was , and would be their Captain , and that whatsoever they desired , if it were lawful , they should have , which appeased and caused many of them to throw down their Arms ; and in the mean space the Lord Mayor having raised 1000 Citizens , and brought them to confront the Rebels under his own Conduct , that of Sir Robert Knowles and others , whereupon the Rebels totally submitted to the King upon promise of pardon . Whereupon the King sent to all his loving Subjects throughout England , who were able to provide Horse and Arms to attend him on Black-Heath , where they were mustered to the number of 40000 all on Horseback , and well appointed , and now the Rebels in Kent , Essex , and other Counties beginning again to raise tumults , were dispersed by force , and many of the principal Incendiaries put to death , so that the Nation was reduced to its former obedience and quiet ; so that the King began to think of Marriage , which Anno 1382. In the Month of January , he effected with the Lady Anne , Daughter to the Emperour Charles the Fourth , and Sister to Winceslaus King of Bohemia , and she Crown'd by William Courtney Son to the Earl of Devonshire , and Bishop of Canterbury : Upon which through the Negotiation of the Duke of Lancaster , a Truce was concluded between the French and English from Christmas till Midsummer ; and the said Duke upon his return dispatched with an Army to revenge the injuries the Scots had put upon the English during the intestine broils , but returned without effecting any thing memorable , and upon his return he was accused by a Carmelite Friar , and by Birth an Irish-man to have conspired the Kings Death ; to the truth of which , the Friar Swore upon the Sacrament , but the Dukes Interest in the King and his Council , so overpowered the testimony of the Friar , that it was not believed ; but on the contrary the Evidencer delivered over to the Lord John Holland , who caused him cruelly to be put to death without Trial or Form of Law , and afterwards dragged through the streets ; when at the same time the Lord Thomas of Woodstock afterwards made Duke of Glocester , rushed into the presence Chamber , swearing that he would kill any man alive , the King not excepted , that durst lay Treason to his Brothers charge ; which rash words were afterwards excused upon pretence of his Zeal to his Brothers honour , though at the same time his duty to his Soveraign ought to have overballanced the other ; but the Duke of Lancaster's credit growing great with the Court Lords , the King was forced to oblige him , not knowing how to help it ; and therefore seeing him grow obstinate , he the rather wished to be rid of him , which he thought he could no better do than by furnishing him a Navy , and an Army to Invade Castile , which Kingdom he claimed in the Right of his Wife Constance , Daughter to the late King : where arriving , he obtained several places of strength , worsting the Spaniards every where : When in the mean while the French under their young King , resolving to revenge old injuries , prepared an Army of 100000. Men to Invade England , supposing it weakned by the remoteness of the Duke of Lancaster's Army ; but such was Gods providence , that although they were imbarqued , and several times attempted to put to Sea , yet were they still driven back , and detained by contrary winds , even at such a time when the discontents amongst the Nobility made way for their Conquest ; for the King supposing himself rid at least for a time of his Uncle , the turbulent Duke of Lancaster , found his second Uncle Thomas Duke of Glocester no less troublesome , who with the Lords of his Faction continually opposed the Kings proceedings , even to the weakning the Kingdom , denying in Parliament to grant him either Men or Money , even when the French Army was daily expected to Land , upon pretence that he had undeservedly created Michael Del● Pole , Lord Chancellour , Duke of Suffolk , and Robert D' Vere Duke of Dublin in Ireland , not being willing any should be advanced , but of his own Faction , which caused a Poet , both learnedly and fellingly to Sing , or rather Weep his Countries misery in the doleful strains . I Sing the Civil Wars , tumultuous Broils , And Bloody Factions of a mighty Land ; Whose People haughty ; proud with foreign spoils , Upon themselves now turn their Conquering Hand ; Whilst Kin their Kin , Brother his Brother foils , Like Ensigns all against like Ensigns band ; Bows against Bows , a Crown against a Crown , Whilst all pretending Right , all Right threw down . The Nation which had been formerly troubled with the Insurrection of the Plebeans , was again troubled by the Faction of the Peers , who stuck not to demand the removal and banishment of all such as were near and dear unto the King , under pretence of evil Councillours : When indeed their distast for the most part was founded upon private Animosities , which when they perceived they could not effect by fair means , they retired into the several Counties where their Lands were , and where they were most popular , and there raised such forces as they could get ; which in a short time in conjunction , made an Army of Forty thousand men , though in time of eminent danger , they pretended no Forces considerable could be levyed . With these forces they march towards London , with an intent to force the King to accord to what they should propose , although at that time Dela Pole , the Duke of Ireland , and Archbishop of York , the Persons against whom they chiefly objected , were banished the Kings presence : The Lords that raised these stirs were Thomas Duke of Glocester , the Earls of Warwick , Derby , Nottingham and Arundel ; yet upon the mediation of some Prelates the matter was so ordered , that the Lords were content to present themselves to the King sitting in State at Westminster , but so far from trusting his Royal word , that they came strongly guarded , and coming into his presence fell on their Knees ; yet after the former strain , repeated their former demands , throwing down their Gloves , protesting to prove them Traitours by Combate , whom they had so named ; yet the King in a sharp reply made them sensible how little he feared their Braves , but in the end referred the further determination of matters to the next Parliament , which shortly after held at Westminster : And in the mean while bid them be content and mindful of their Allegiance , yet they refused to separate themselves , but withdrawing into the West near Burford , set upon a party of Cheshire and Welshmen , Commanded by Sir Thomas Molenaux and others , and by the Kings special Order raised to conduct safe to Court the Duke of Ireland , whom the King had secretly recalled from Banishment , and after a hot dispute slew Sir Thomas and most of his Men , the Duke hardly escaping ; then increasing their number they marched towards London , whose approach caused the King to betake himself to the Tower , and the Citizens through fear to open their Gates , so that the Lords and the greatest part of their Host entered as it were in triumph , and after some Messengers had passed between the King and them , they found means to come to his presence , and there boldly taxed him of secretly practising to fly with the Duke of Ireland into France , and to deliver up Calais and other places in Normandy to the French King , with many other unbeseeming expressions , which , either through real grief , or a Noble disdain to be so used by his Subjects , caused the King to shed Tears even in their sight , and at last it was agreed , that the King should the next day come to Westminster ; but the next day the King deferring his repair longer than the time appointed , the Lords contrary to their Allegiance sent him word , that if he came not speedily according to appointment , they would chuse them another King , who both would and should obey the Council of his Peers , they having him present whom they intended to have Invested with the Diadem , viz. Henry Earl of Derby , Son to the Duke of Lancaster , who afterward Dethroned him , as shall be related . The King having received this threatning message , though much against his Inclination , went to Westminster where the Lords were Assembled , where they forced him not only to disclaim the Duke of Ireland , divest the Lord Chancellour , but likewise turn out of favour Alexander Nevil Arch-bishop of York , the Bishops of Durham and Chichester , the Lord Souches and Beaumont , with many more of smaller account ; so that having stripped him of his friends , they thought the easier to rule him , and afterward committed as many of them as they could lay hands on Prisoners to the Tower , to answer such Accusations as should be objected against them in the next Parliament , which beginning the Candlemas following : The first day of the Sessions , most of the Judges were Arrested as they were sitting upon the Bench , and committed to the Tower ; the Crime alleadged against them was , that at Nottingham they having given Council to the Lords , which they assured them was according to Law , had afterwards assured the King that it was not according to Law , but only they had been obliged to give such Opinions for their own security : But Trisillian escaped for a while by flight , being taken in the Morning was brought before the Parliament , and having no longer respite than till the afternoon , was carried to Tyburn , and there according to Sentence had his Throat cut ; an unmanly death to be inflicted on a Lord Chief Justice : There were likewise Executed almost all the Judges , and about five Knights and Esquires , most of the Kings especial favorites , nor could the King stay this Execution ; but e're this mischief spread further , 't was allayed by the arrival of the Duke of Lancaster , who had obtained a great Sum of Money , and a yearly Revenue of the King of Spain , to quit his claim to the Crown of Castile and Leon , and that the Lord Henry his Son Marrying the Lady Catharine that Kings Daughter , should have the Title of Prince of Austria with several other advantageous matters , and upon his arrival King Richard , whether again to buy his absence is uncertain , bestowed upon him the Dutchy of Aquitain confirming it in Parliament , and putting into his Possession the Cap of Maintenance and Ducal Rod , at which time his Son Henry Earl of Derby , went for Prussia , and there ingaged himself in the War against the Lithuanian , where he Atchieved many noble deeds in Chivalry ; but soon after died the Dutchess of Lancaster , Dutchess of York , Dutchess of Derby , and what was more grievous to the King , his Queen whom he intirely loved , all dying almost in a years space ; whereupon the Duke of Lancaster went over to take possession of his Dutchy , and then upon complaint of the Out-cries committed by the Wild Irish , passed into Ireland with an Army to suppress them , and upon his return into France , he was Married to the Lady Isabel that Kings Daughter , and thereupon a peace concluded between the two Nations for the space of thirty years : And now the Duke of Ireland being dead , the discontents of the Lords seemed somewhat abated , yet not long , for the restless Duke of Glocester still contriving to secure his steerage at Helme by over-awing the King , put so many affronts upon him , that he often complained thereof to his Uncles the Dukes of Lancaster and York , who perswaded the King of his good intent , though his words might seem harsh , but within a while after a Combination of the said Duke , with the Earls of Arundel and Warwick , the Lords Cobham and Chevy , being discovered by Thomas Mobray Earl of Nottingham , wherein they had conspired to Imprison the King and his Uncles Lancaster and York ; as likewise to put to death many of his Councellours ; upon which they were Arrested , and the Duke sent Prisoner to Calais , where afterward he was smothered with a Pillow , and here only the Earl of Arundel Beheaded . These Executions wrought some alteration in the minds of the People , whose Darling the Duke of Glocester was , so that they greatly maligned his Prosecutors , and some vowed secretly to revenge ; but to salve up these discontents , especially amongst the great ones , the King in the next Parliament took upon himself the Title of Prince of Chester , created his Cousin Henry Earl of Derby Duke of Hereford , the Earl of Nottingham Duke of Norfolk , the Earl of Rutland Duke of Amaurle , the Earl of Kent Duke of Surry , the Earl of Huntington Duke of Exceter , the Earl of Sommerset Marquess of Dorset , the Lord Spencer Duke of Glocester , &c. and added to his Escutcheons the Armories of St. Edward the Confessor , sometime King of England . These proceedings for a time made fair weather , but not long ; for a Feud arising between Henry Duke of Hereford and Thomas Duke of Glocester , the latter accused the former of speaking several words to the dishonour of the King , that King Richard held the Peers of England in no esteem , but as much as in him lay , sought to destroy them by banishing some , and putting others to death : That he never troubled his mind with considering how his Dominions were diminished through his carelesness , and lastly , that all things went to wrack as well in Peace as War. Upon this it was ordered that the Accuser and the Accused should try the matter by Combate , the latter stoutly denying he ever said any such words as were objected against him , so that gages being delivered on both sides , they entered the Lists , but e're they encountered , the King threw down his Warder , and upon further consideration banished Norfolk for his Life , and Hereford at first for ten years , which after he reduced to six , which some alleadged was a just Judgment on the former , for being instrumental in putting the Duke of Glocester to death , he being then Captain of Calais . But now ruin and desolation being at hand , Portents forerun it , all the Bay-trees in England suddenly withered , and within a while sprung out again fresh , near Bedford , the River between the Villages of Harleswood and Swelston where it is deepest , drove back on either hand , and for three Miles left its Channel dry , with sundry other remarkable presages of what after happened . To give way to which the King upon notice of his Cousin the Lord Mortimer's being slain by the Irish of Leinster , who were up in Arms under their Leader Obrian , he resolved to pass over in person to revenge his death ; and therefore to furnish his expedition , he raised many of all hands , and at the same time his Uncle the Duke of Lancaster dying , he seized on his Inheritance without regard to his Son the Duke of Hereford who remained in Exile , which the said Duke hearing , was so throughly netled , that not resolving to wait the expiration of his Banishment , he taking the advantage of King Richard's absence resolves for England , having upon notice of his Fathers decease taken upon him the Title of Duke of Lancaster , and only accompanied with the banished Bishop of Canterbury and about twenty others , when having taken Ship , he for some time lay hovering on the Coast , to understand how the People stood affected to him , and the better to give his agents on shore time to work them to his purpose ; but upon notice that his Faction was strong , he Landed only under pretence of recovering his Rightful Inheritance , when as there repaired to him the Earl of Northumberland , and his Son the Lord Henry , his Son the Lord Nevil Earl of Westmorland and others , as likewise a great number of the Country People offering him their Service , so that within a short time he had formed a Puissant Army , the news of which soon alarumed Edmund Duke of York the Kings Uncle , who calling to his assistance Edmund Stafford Bishop of Chichester , Lord Chancellour , Lord Treasurer , Earl of Wiltshire , Bushy , Bagot , Green , Russel , and other Knights of the Kings Council to consult about raising forces to impeach the Dukes passage ; but their consultation came to nothing , the Dukes Faction having so dealt with the common people , that they every where refused to take up Arms against him : Whereupon Sir John Bushy Lord Treasurer , and Sir Henry Green betake themselves to Bristol Castle , but it being stormed by the Lancastrians , their Heads became a Sacrifice to popular fury , but Bagot taking ship , Sailed over to Ireland to acquaint the King with what had happened , who thereupon making such peace as he could with the Irish he hastens over ; but before his arrival , the Dukes Faction was swelled to such a torrent , that there was no opposing it . Whereupon the King having Cashiered his Army , or they for the most part deserting him , he retired to the Castle of Conway in North-Wales , whither upon notice of his being there resorted to him , the Arch-bishop of Canterbury and Earl of Northumberland , where after a long Parly the King perceiving no other conditions could be gained , required that he and eight more whom he would name might have honourable allowance with the assurance of a quiet private Life ; that he in consideration thereof would make a resignation of his Crown ; which demand Northumberland swore should be observed , and thereupon the King accompanied them to the Castle of Flint , whither the Duke was come with a part of his Army , and from thence after a short conference they removed to Chester , where the King in consideration of many fair promises never performed , put himself into the Dukes hands , who conveyed him to London , and there made sure of him in the Tower , whither several of the Lancastrian Faction daily resorted to him to parly about the surrender of his Crown , which at last he consented to do ( seeing no other Remedy ) to his Cousin the Duke of Lancaster , and at the same time taking off his Signet , he put it on the Dukes Finger ; and at the same time there being a Parliament called in King Richard's name , the Arch-bishop of York , and Bishop of Hereford were appointed his Procurators to declare what he had done , nor was this sufficient for to make him odious to the People , they exhibited thirty two Articles against him very scandalous and reproachful : Whereupon Commissioners were nominated by the consent of the Houses to pronounce the Sentence of Deposition , who were the Bishop of Asaph , the Abbot of Glastenbury , the Duke of Glocester , the Lord Berkly , and William Thyrring Chief Justice of the Common-Pleas , the Form thus . In the Name of God , We John Bishop of St. Asaph , John Abbot of Glastenbury , &c. Commissioners specially chosen by the Lords Spiritual of the Realm of England , and Commons of the said Realm representing all the states of the said Realm , sitting in place of Judgment , do renounce all fealty to Richard of Burdeaux , and him Depose from all Kingly Dignity , &c. Upon which the Duke of Lancaster rising from his Seat , Crossed himself , and then layed claim to the Crown , in these words : In the Name of God Amen , I Henry of Lancaster , claim the Realm of England and Crown , with all the appurtenances , as coming by the Blood Royal from King Henry , and by that Justice , which God of his Grace hath sent me by the help of my Kinsfolks and Friends for the Recovery of the said Realm , which was in point of perdition , through default of Government and breach of Laws . This said , he was conducted by the Arch-bishops of Canterbury and York to the Royal Throne , and there Seated , and from thenceforth all Writs and Process Issued out in his Name , Richard In the mean space remaining a Prisoner in the Tower , and every day in danger of his Life , which was often aimed at , the more firmly , to establish his Successour in his Throne , who sat uneasie whilst deposed Majesty was breathing , who though in an abject condition , yet wanted not those who were contriving to readvance him to his Throne ; yet he to render a better Construction of his actions than indeed they would bear , not only published several Proclamations , excusing what was done , but sent his Ambassadours to the Courts of neighbouring Princes to give his reasons for taking upon him the Crown of England , during the Life of the Rightful Heir , and in Parliament the better to ingratiate himself , passed an Act for restoring the Blood and Estates of such as had either suffered , or were disinherited as Traytors during the Reign of King Richard , yet gained he not so much love , but that a conspiracy , if so it may be termed , in so rightful a cause , was formed for restoring Richard to his Regal Dignity : The chief contrivers of which were the Dukes of Exceter , Surry and Amaurle , the Earls of Huntington , Kent , Rutland , Salisbury , and the Lord Spencer late Earl of Glocester , the Bishop of Carlile , Sir Bernard Broukas , Sir John Shevele , the Abbot of Westminster , and John Maudlin , the counterfeit King Richard , a person who had been his Chaplain , and much resembled him both in Features and Lineaments with several others , so that undertaking grew strong , but how to seize upon Henry and his Son they knew not , unless with a multitude , and that not to be raised without suspicion ; so that it was concluded that it should be performed in Christmas Holydays then at hand , under pretence of shows and pastime , but the Morning before the Evening it should have been put in practice , it was discovered to the King by the Duke of Amaurle as some report , yet so narrowly the King escaped , that he had scarce reached London before the Earls of Kent and Salisbury not knowing their design was discovered entered the Kings Lodging at Windsor with four hundred Armed Men , supposing to have surprized him there : But when they found the Bird was flown , they were much grieved ; yet having dared thus far , they resolved to proceed yet further ; and thereupon to increase their number , gave out that King Richard was at liberty , and in the midst of an Army of 100000 Men at Pomfret , and that Henry and his Son were fled ; and then the better to confirm the belief of the People , Maudlin the Chaplain personated Richard , but the device answered not their expectation ▪ for in the end most of the Lords were taken and put to death , as likewise Maudlin the counterfeit Richard , the whole number that at that time fell a Sacrifice to Richard's cause , were 19. Thus his friends being put to death , his turn came next , for jealous Henry could not imagine himself safe whilst Richard remained still in the Hearts of his Subjects ; therefore many Councils were held how to be rid of him , so that at last it was concluded that he should be conveyed from the Tower to Pomfret Castle , and committed to the hands of Bloody Ruffians , who that he might die a death the least discernable , as our Historians of most credit relate , was there starved to death with cold and hunger , being kept with insufferable torments fifteen days e're he died ; and as some say , the more to aggravate his torments , he had Victuals daily set before him , but was not suffered to touch it , or at most but so small a quantity , as rathe● lingered out his misery than was any ways advantageous , a death so cruel , that even the barbarous Nations detest to inflict upon the worst of Malefactors , and much more on a King Anointed , and Viceroy of Heaven , for no other fault than what he was prompted to by others , who worked upon his tender nature , being a King in himself disposed to mercy . After he was dead , his Body was brought up to London , and in St. Pauls exposed to the view of the people , and the better to colour so great an iniquity , it was caused to be rumoured , that upon notice of the execution of his friends he had pined away with grief , but that he was starved to death , agree Stow , Walsingham , Harding and other Historians of account , though some there be that affirm he was slain by Sir Piers Exton after he had in resisting slain several of his Knights , but if he had been brained , or mortally wounded , certain it is that he would never have been exposed to the view of the people , nor could he have been put to death without Henries consent , but inquiry would have been made into the cause of his death . Therefore O Henry , if thou wert Author , or at least but privy to so Execrable a Murther , though for thine own pretended safety , and for that errors cause , which is erroneously miscalled a reason of state thou art altogether inexcusable , and surely he is not a man that hears of the Infamishment of this King , and feels not a chilling horrour , and conceives not detestation of such a bloody barbarity ; but Heaven was not slow in revenging the fall of this King , for what was the Reign of his Successour but a continual trouble what Insurrections , Rebellions , Losses at Sea , Plagues , Tempests , fearful Prodigies , and all that can make a Nation miserable Famine excepted did not happen ? how many Plots and Conspiracies were layed against his Life by those that had advanced him to the Regal Dignity ? What fears and jealousies stuck as Thorns in his Crown , and made ever uneasie , what executions of the Nobility happened during his Reign , even of those especially who had been instrumental in deposing Richard , and no doubt counselling his death ? so that the English Earth never drank more noble Blood in so short a time , he Reigning but 13. y. 6. m. 3. d. and left Issue Prince Henry afterwards King , Thomas Duke of Clarence slain at Beaufort without Issue , John Duke of Bedford who died without Issue , and Humfry Duke of Glocester who was murthered in his Bed at Bury , and two Daughters Blaunch and Philip : Now as for his Eldest Son Henry the Fifth , after his glorious Atchievements in France , he died in the Flower of his Age , not without suspicion of Poyson , and Henry the Sixth , Son to King Henry the Fifth , and Grandson to Henry the Fourth , and Prince Edward his Son , and great Grand-child to the Fourth Henry , were Murthered by that Monster of Mankind the Duke of Glocester , afterwards Reigning by the name of Richard the Third : And thus we may see how Sacred Kings Lives ought to be held , when such Tragedies revenge their fall . King Richard after he had been exposed to view for several days , ( and the rueful spectacle moved many to compassionate his death ) was conveyed to Langly in Hartfordshire , and there obscurely buried , though King Henry the Fifth caused those Royal remains to be removed to Westminster , and there Interred amongst his Ancestors . Thus fell this unhappy King without Issue , and thus his fall was revenged , and now leaving him to slumber in his Grave ; we shall proceed to the next Tragedy , which as it falls next in course , is that of pious King Henry the Sixth . CHAP. IV. The Barbarous Murther of Henry the Sixth , King of England , France , and Lord of Ireland , the three and fiftieth Monarch of England , with the particular Marks of Gods vengeance upon the shedders of Innocent Royal Blood ; together with the Policies and Contrivances that were used to bring about the Barbarous Regicide . HEnry the Sixth was Son to Henry the Fifth , and Grand-child to Henry the Fourth , his Mother was Katharine Daughter to King Charles the Sixth of France , upon him the Crown devolved in his Infancy , his Father dying when he was about Seven Months old , and he Crowned at Eight ; yet his Warlike Father having time in his sickness , made his last Will and Testament , constituting his Brother the Duke of Glocester Protector of England during his Sons Minority , and his other Brother the Earl of Bedford Regent , and to the Duke of Exceter committed he the care of young Henry , though to be nurtured and brought up by the Queen . Matters being thus settled , the King dies of a burning Feaver at Bois D' Vincenois in France , and for a time all things were calm , especially in England , though they continued not long so , for although no diligence was wanting in the Dukes Regents , yet the Kings Minority gave way to many Exorbitancies as well amongst the Vulgar as the Nobility , and France desirous of gaining her former liberty , continually struggled with the Conquerour , the active Dauphin still assailing the strengths of the English , as he found advantage offer , so that many places were lost by being taken , or by revolt , yet the couragious Duke of Bedford the Kings Uncle , having received a supply of fresh forces out of England , recovered many of them , but he in the heat of those troubles dying at Roan , the English but weakly maintained their footing in France , and within a while after , the Faction amongst the Nobles increasing , the Duke of Glocester Protector of England , and the Kings other Uncle , through the procurement of Queen Margaret Wife to King Henry , was Arrested in Parliament by John Lord Beaumont High Constable of England , and committed to the custody of the Dukes of Buckingham , Somerset and others , when within a while after he was found dead , as they pretended of an Apoplexy , though those who enquired more diligently into the matter , found by apparent Symptoms that he was made away , yet the death of so great a Prince was hushed , though it proved fatal to the King and Kingdom : For in the death of these two Brothers , the two strongest twisted Cords in the Cable of Government were snapped in sunder ; whereupon it proved too weak to Anchor the Ship riding in so fierce a torrent ; for now the ambitious Duke of York Cousin to the King , having made strong his Faction , began to shew himself openly , laying claim to the Crown whilst the King was yet alive , drawing to his part a number of the discontented Nobility , who envied the Duke of Somerset , a man true and just to his Country , and one whom the King highly favoured , but that not being like to bring his designs to perfection , taking example by King Henry the Fourth , he resolves to make himself popular , and within a while so dealt by his Agents with the Mobile that they rose in many Counties in great numbers , threatning like a Deluge all before them with ruin and desolation , and from the Counties adjacent under the Leading of Jack Cade that audacious Rebel , they Mustered about London ; and Quartered in the Suburbs , ruining and plundering many stately Houses , nor did Churches scape their Sacrilegious hands . The chief of these Rebels were drawn out of Kent , and their Petition , or rather Peremptory demand after they had made incredible spoil was , 1. That Richard Duke of York then in Ireland , as likewise several others of his Faction , whom they named should be called home , and be admitted chief Councillours , and have power to manage the principal Affairs of the Kingdom . 2. That the Duke of Glocester was falsly Proclaimed a Traitour , and therefore they demanded that the Authors might be punished . By this we may see who incouraged them to those unnatural Insurrections ; they had likewise a third Article , but it only contained scandalous reflections on the Duke of Suffolk , but these Traiterous demands being denied , and their Articles rejected , they raged worse than before : Whereupon Sir Humfry Stafford drawing together such forces as he could get , Incountered them at Seven-Oaks , whither they were retired , but was unfortunately slain , and his party routed by Cade the principal Rebel who disarmed him , and put on his Armour , which ill became such a Villain . After this they again advanced towards London , and some of the factious Citizens , though contrary to the Will of the Magistrates favoring them , they enter the City and make great spoil on the Houses of such as they imagined to favour the Duke of Suffolk , or indeed the King , which caused the Lord Mayor to Assemble the Loyal Citizens , and consult what was best to be done , who agreed that when Cade was withdrawn , as soon after happened , they should shut the Gates against him , and defend the City for the King , which they effected , and kept him out , though not without the effusion of Blood on either side , but he being put to the foil , his Companions grew faint hearted , so that upon the coming forth of the Kings Proclamation to assure them of pardon , upon condition they would deposite their Arms , they deserted him , and then a thousand Marks being offered to any that could take Cade dead or alive ; he within a short time was killed at Hothfield by one Alexander Eden a Kentish Gentleman , and his Head being brought up to London , was set upon London Bridge ; as likewise twenty six more of his Accomplices who had been excluded the Charter of pardon , being taken , received the reward of their Treason . The news of these intestine tumults flying into Ireland , and coming to the Dukes Ear , who meant nothing less than the deposing of innocent Henry , lest his Faction should be weakned by his absence , he posts over , leaving the Affairs of the Kingdom with which he had been intrusted in a tottering condition , and upon his arrival without the Kings leave or liking committed Prisoners to the Castle of Ludlow , John Sutton , Lord Dudly , Reynold Abbot of St. Peters at Glastenbury , all of them the Kings friends , and afterwards ( having resolved upon deposing the King ) he takes up Arms under pretence of removing evil Councillors from about the Kings person almost the original pretence of every Rebellion , though the undertakers aim at nothing less then the King himself , and the chief person he objects against the only man that kept him from his wicked purposes was Edmund Duke of Somerset , and many grievous Accusations the better to colour the business , are made against him , but the chief insisted on was the loss of Normandy during his Regency , though it evidently appeared that the Duke of York himself by fomenting a division amongst the great ones , had given the French opportunity to recover it . The King seeing himself in danger , resolves to oppose the torrent , and therefore Arms , and with a strong power marcheth towards Wales , in whose Marches the Duke resided with his forces , of which the Duke having notice , and understanding the Kings power was such , that he was no ways able to oppose them , upon his feigned submission he so wrought upon the good nature of this pious and peaceful King that a peace was concluded ; and after some heats and accusations had passed between the Dukes of York and Somerset ; the former was swore to be true to the King , and never more take up Arms , but regarded his Oath no longer than it served for his purpose , for joyning with the Earls of Warwick , Salisbury , and others of the Faction , he again takes Arms , and marches towards London , and to oppose him the King does the like , both Armies meeting at St. Albans a dreadful fight began , which for a long time lasted doubtful , but at last the Earl of Warwick with his Battalian breaking through a Garden , fell in so furiously , that the Kings party were put to the rout , six hundred slain , and amongst them the Duke of Somerset , Earl of Northumberland , Stafford , Lord Clifford , and others of Note . Here the King received a slight wound in the Neck with an Arrow , and was taken Prisoner , though at the same time the Lords of the Faction pretended abundance of respect , leading him to London , and there procured a Parliament to be called in his name , where they caused an Act of Indemnity to be passed , and all things to be so ordered , that they render their Faction pleasing to the multitude , and now nothing remained but to depose the King , and deprive him of Life , but this they feared to do till their insinuations had spread wider , and that they had got Prince Edward his Son into their hands , for the King notwithstanding this adversity , was extreamly beloved for his singular Piety and meekness ; nor did this suffice , for in this Parliament the Duke of York got himself made Protector of England , and its appurtenances , ( a thing never heard of before , unless in the Nonage of a King ) but his insolencies were such , by Imprisoning and deposing the Kings best friends , that he was soon divested of that power at the instance of the Queen , and several Noble Lords well-wishers to the King. These Intestine broils Incited the French and Scots to molest the Sea-port Towns and ways , the remote parts of England , upon news of which the King the better to revenge those injuries , called an Assembly of the Peers at London , whither the Duke of York , Earls of Warwick and Salisbury , were Summoned under the Kings Privy Seal , and accordingly came , but finding things not for their purpose , they feigned a Plot against their Lives , and so retired to their several Castles , and places of strength without leave taken , and there gathering forces upon a second Summons came in Hostile manner ; yet the good natured King so labored that a reconciliation , or at least a seeming one on the part of the Yorkists , was the result of that meeting ; but it continued not so long , for upon a Quarrel between one of the Kings Servants , and one of the Earl of Warwicks , all was again in a combustion ; for the Earl of Warwick upon that occasion being Assaulted , flies to Calais , and there maintains himself by Piracy , utterly disowning the King Supream Lord of that Place , but being not long satisfied there , he Sails over to the Assistance of the Duke of York , and Earl of Salisbury , who again had taken up Arms , and Encamped near Ludlow , bringing with him one Captain Andrew Trolop , and a stout Band of Calesians , whom all along he had perswaded that they were to fight in the Kings Quarrel , but they finding it otherwise upon the Kings approach , expressed their Loyalty by forsaking the Yorkists , and coming over to the King , who good natured Prince , received them with all convenient expressions of kindness and Royal favour ; and Trolop their Captain being privy to all the Plots and Designs of the Yorkists Faction ; the Kings Enemies disperse , the Duke of York , with the Earl of Rutland his youngest Son into Ireland , the Earl of March his Eldest Son and Heir , together with the Earls of Warwick and Salisbury , with much difficulty escape to Calais , which place had King Henry timely fortified , he had driven them all to great extremity ; yet the Parliament proceeded to Proclaim them and their Abetters , Traitours , and to attaint them of high Treason , disabling them or their Heirs of ever inheriting their Titles or Possessions , which made them again prepare to Invade England by stealth in their wonted Hypocrisy ( the better to win the multitude to side with them ) with deepest Oaths , protesting they only sought the good and welfare of King Henry , and the removal of evil Councillors sending many Writings abroad fraight with dissimulations to that purpose , which wrought them much favour , so that Landing in Kent , and swearing to be true to King Henry , especially the Earl of Warwick who swore it upon the Cross of the Cathedral of Canterbury , they came forward to London still increasing in number , which caused the King and Queen being no ways confident of the Citizens , to remove to Northampton , whither the Earls of March and Warwick hasted , and notwithstanding their many fair pretences gave the King Battel , overthrew his Army , and taking him Prisoner , brought him as it were in Triumph to London , and although they held him Prisoner , yet continued their dissembled kindness towards him , with many feigned expressions of Obedience and Loyalty . Upon news of this success , the Duke of York hasts from Dublin in Ireland , and pulling off the Mask he had so long vailed his design with , layed claim in the Parliament then sitting to the Crown , breaking open the Kings Lodgings , and possessing himself thereof ; but the Parliament not approving his rashness , he drew up his Pedigree , in which he proposed himself to be the rightful Heir , which was likewise opposed with many forcible Arguments , yet so powerful was his Faction , that he prevailed to be Proclaimed Heir apparent , and again to enjoy the Title of Protector of England , with a grant that Henry the Sixth should Reign only during his natural Life , and that then the Crown should devolve on him and his Heirs , as descended of the Masculine Line from Edward the Third ; but at this time the Queen being in the North , gathering forces to release her Husband , would by no means consent to this agreement , which caused York to advance in order to oppose her , but her forces consisting of near 18000 , and his a far less number , he contrary to the advice of his Council , resolving to give Battel before his Son the Earl of March could joyn him , the Battel was fought at Wakefield , and therein himself , the Lord Harington , Sir Thomas Nevil Son to the Earl of Salisbury , and almost all his Soldiers were slain ; so severe is the Almighty in punishing perjury , and disloyalty to him and his Vice-gerents , Kings Anointed ; the Earl of Salisbury was taken Prisoner and Beheaded , and his head with the Dukes fixed upon York Gates ; upon this the Queen and her Army came to London , and released the King by the overthrow of Warwick at St. Albans , restoring him to his Power and Majesty , but rested not long e're the Earl of March , Eldest Son to the Duke of York advanced with a Puissant Army , and the Earl of Warwick having escaped the fight joyned with him , which news made the King and Queen retire into the North , to provide against the threatning storm , whereupon Edward Earl of M●rch , without any controul advanced and entered London , fearful of a Sack , and there by threats and perswasions prevailed with the unstable multitude to give their Assents for his being Crowned King , which Ceremony ended , though against all Law and Right he drew forth his Army , and advanced against the King , who had gathered great forces which were in chief by the Duke of Somerset , Earl of Northumberland , and Lord Clifford , both Armies consisting of 112000. the greatest Army of English that ever England saw , who upon the charge being sounded , began the Fight with great fury near Ferry-Bridge , which continued ten hours , and was lost on the Kings side by the overhastiness of the Northern Archers , who spent all their Arrows at a distance , as not being able to discern the Enemy ; by reason the Snow that then fell was driven full in their Eyes : The Nobility that died on the Kings side , were the Lords Scales , Willowby , Beaumont , Wells , Grey , Dacres , Fitz Hugh Buckingham and Clifford , the two Bastards of Exceter , of Knights and Esquires a great number , and in all on both parts the slain were computed 35091. a slaughter ▪ the like not known in England since the Conquest . Upon this fatal overthrow King Henry hs Son the Prince , and several great Lords escaped into Scotland , where they were kindly received , and a Marriage proposed between the young Prince , and the Lady Margaret the Scotch King's Daughter , upon which Queen Margaret passed into France , to negotiate her Husbands affairs with the French King for new supplies . In the mean while Edward is Crowned at Westminster , and a Parliament called , wherein King Henry , and Prince Edward his Son are disinherited of the Crown and all Regal Authority , upon news of which Queen Margaret returns to Scotland , having obtained a considerable supply of men from her Father Duke Reynold , Duke of Anjoy , King of Naples , Jerusalem and Sicily ; having suffered much by storm from Scotland , she passed into England , together with her Husband and such Scotch forces , as that King assisted her with , and took several Castles in Northumberland , several Loyal English daily resorting to the Royal Standard , which proceeding greatly alarumed Edward , so that constituting the Lord Montacute his Lieutenant General , he furnished him with an Army , with which he gave Battel to King Henry's forces near unto Hexham where the Yorkists prevailed , and King Henry is obliged again to fly into Scotland , from whence some time after coming into England in disguise , he was taken Prisoner by Thomas Talbot in Cletherworth in Lancashire , and from thence brought to ▪ London , with his Legs bound under the Horses Belly , ( so little respect had those Varlets , into whose hands he fell to afflicted Majesty ) and upon his arrival committed Prisoner to the Tower. Edward having King Henry in safe custody , began to give himself over to sports and Daliances , and above all to bethink himself of a Wife , upon which several were proposed , as the Lady Margaret , Sister to King James of Scotland , the Lady Elizabeth Sister and Heir Apparent to Henry King of Castile , the Lady Bona Daughter to the Duke of Savoy , and Sister to the French Queen , of which the latter being thought the fittest Match ; the Earl of Warwick was sent over to negotiate the affair , and proceeded so well , that he procured a free consent of the French King , Queen , and the Lady her self ; when in the mean while Edward had cast his Eyes upon Elizabeth Grey Widdow to Sir John Grey slain in the Quarrel of King Henry at St. Albans , and notwithstanding all the perswasions of the Dutchess of York his Mother , Married her , and made her Queen , which Warwick taking as a grievous affront put upon him , from that moment Alienated his Affections from Edward , and consulted how to restore King Henry to his Crown and Dignity , in order to which , he first consults his two Brothers , George Nevil Arch-bishop of York , and John Nevil Marquess of Montacute , the former of which soon consented , but the latter proposed many delays , whereupon the politick Earl the better to bring his designs about , resolves to bring to his Lurd George Duke of Clarence , Edwards Second Brother ( whom he knew to be discontented with his Brothers Rule ) and so effectually wrought with Soliciting , that he soon found him pliable , and ready to espouse his Interest ; whereupon the more to secure him , he proposed to him his Eldest Daughter in Marriage , with the one half of his Wives Inheritance , which was afterwards consummated at Calais , and in the mean while by the countenance of the Earl , many Commotions were raised in England to countenance which , and to dispossess Edward of his Usurped Crown , ( to say no worse ) the Duke and Earl prepared for England , having first espoused his second Daughter to Prince Edward , Son to King Henry , and then arriving a great conflux of People , hasted to his Banner , so well known and dreaded in England , being the White Bear and Ragged Staff , to oppose which torrent e're it grew greater Edward hastened , and at Woolvy four Miles from Warwick , where the Duke and the Earls Host lay , pitched his Tents , and bid the Earl Battel , who undaunted Spirit brooked no such Bravado advance and both Armies stood Imbattled expecting the dreadful blast , but it so happened , that the Fight was delayed , and both Armies retire , as if a Peace would undoubtedly insue , but crafty Warwick had other designs on foot ; for within a while after he surprized Edward in the midst of his Army , and took him Prisoner , committing him to the custody of the Archbishop of York , from whom he soon after escaped , which greatly perplexed the Earl ; yet he so ordered the matter , as not to seem in the least to regard it . Edward upon his escape fled to London , and the Duke and Earl continuing in their station , levied great forces , but upon the Mediation of the Nobility , it was so ordered that the Duke and Earl came to Edward upon his Letters of safe conduct , but Edward taxing them with Disloyalty , and they him with ingratitude , nothing was done but both departed , Edward to Canterbury , and the other returned to Warwick , and from thence sent their Agents into Lincolnshire , where they dealt with the Commons to take up Arms under the Leading of Sir Robert Wells , Son to the Lord Wells ; but he in revenge of his Fathers Death ( whom Edward had basely Beheaded contrary to his promise ) rashly ingaged Edwards power before Warwick could come to his Aid , and by that means lost the day and his own Life ; upon notice of which overthrow , the Duke and Earl betook themselves again to Calais , of which place the latter was Captain , but were denied entrance by Vawclere his Lieutenant , and thereupon went to the French Court , where they were kindly received , and within a while returning into England , gathered so huge an Army , that Edward was forced to fly the Land , and his Queen to take Sanctuary ; whereupon King Henry was again restored to his Regal Dignity , and Edward with all his adherents Proclaimed Traitors , and in Parliament disinabled from Inheriting the Crown , and it again Intailed on King Henry , upon which Heart-breaking news , Edward procures forces from the Duke of Burgundia , who had Married his Sister , and under pretence of Friendship enters England , pretending to no more than his Dutchy of York , framing Letters for his safe conduct under the Seal of the Earl of Northumberland ; but he no sooner entered but surprized that City ; whereupon Warwick and Clarence prepare to drive him thence , but the latter was so wrought with under hand , that he revolted to Edward , and endeavored to perswade Warwick to do the like , who generously answered to the Messenger , go tell your Duke that I had rather be an Earl , and always like my self , than a false and perjured Duke , and that e're my Oath shall be falsified ( as his apparently is ) I will lay down my Life at my Enemies Foot , which I doubt not but shall be bought very dear , and thereupon Marched towards London , when at St. Albans he considered what was best to be done , and finding that the Sword must decide it , he advanced , and at Barnet both Armies approached each other , where in the spacious Field , the Battle joyn'd on Easter day with such fury , that the like had not been known , and continued doubtful for a long time , when as the day being overcast with mist hindering the Soldiers sight , Warwicks Battalian took the Stars Imbroidered upon the Earl of Oxford's Mens Coats for his Son Edwards Body , whereupon they let fly upon their friends , which mistake caused the Earl to leave the fight , his Men crying Treason , Treason , we are all betrayed , which Warwick perceiving , charged with fury upon the Enemy , but entering too far was beaten down and slain , though not without performing wonders sutable to his great Soul , who had been Englands Make-King for many years before , with him perished his Brother the Marquess of Montacute , and a great number of smaller note , as likewise the loss of the Battle on the side of the Lancastrians . Son after this overthrow , Queen Margaret and Prince Edward arrive at Weymouth , and understanding the loss of the Battle of Barnet Field , she went to Ceerue Abby , whither the Lancastrian Nobility that escaped the slaughter came to her , and with comfortable words , put her in hopes of better success , and immediately raised such forces as they could , and joyned them to those they Queen had brought over from France , but loth she was that the Prince her Son should hazard himself in the Battle , and urged sundry persons , but was over perswaded by the Lords , whose preparations alarumed Edward , so that gathering an Army , he advanced towards them , resolving to hinder the increase of the Queens power , having first committed King Henry , and the Archbishop of York to the Tower , and at Teuxbury both Armies met , where after a hot Encounter , by the Treachery of the Lord Wenlock the Battle went with Edward , which Treachery was rewarded with death , the Duke of Somerset the Queens General beating his Brains out with his Battle-Ax . In this Battle of the Lancastrian Nobility , were slain John Lord Summert , John Coventry Earl of Devonshire , the Lord Wenlock in manner aforesaid , several Knights , and three thousand common Soldiers , and on the other side not fewer . Upon this defeat Proclamation was made for the Apprehending Prince Edward , who was soon taken by that unworthy Knight Sir Robert Crofts , and delivered to his most Capital Enemy , the Duke of Somerset , and others of Quality having taken Sanctuary , were haled thence and beheaded . Prince Edward not passing fourteen years of Age , being brought before Edward had assumed the Soveraignty , he beheld him with a stern Countenance , and demanded how he durst with Banners displayed enter his Realm ? to which the young Prince with an undaunted Courage replied , to recover my Fathers Kingdoms , and most Rightful Inheritance possessed by his Father and Grandfather , and immediately from him descending to me ; how darest thou then that art but his Subject , take up Arms against thy King ? This Brave and Generous Answer , so touched King Edward to the quick , that he unmanly with his Gauntlet , smote him on the Mouth , when at the same instant the more villanous Duke of Glocester , afterwards Usurper of the Crown by the name of Richard the Third , together with his wicked Accomplices , stabbed the Prince to death in Edwards presence , Monsters unworthy of the name of Men , but Heavens vengeance for this and other black crimes overtook the Actors . The Prince after his being murthered , was Buried in the Grey-Fryars at Tewksbury without any Ceremony , and now Queen Margaret having taken Sanctuary , was discovered and brought Prisoner to the Tower , where she continued till her Father with a great Ransome ( to raise which he was forced to sell most of his Signeouries to the French King ) he redeemed her , and now King Henry being Prisoner , likewise , and the Thorne that made Edwards Crown sit uneasie , he resolves to be rid of him , and therefore sent his Brother , that Crook-backed Monster in the shape of a Man , to dispatch him , who pretending to discourse about his releasment , stabbed the pious King to the Heart , and eased him of this troublesome Life , though perpetual horrour haunted the Actor of this black deed to his Grave . After this cruel murther committed on the pious King , his Body was for many days exposed to the view of the People ever bleeding afresh , which raised at once pitty and detestation in the Spectators , and then carried by Water to Chersie in Surry . And thus fell this good King , though not unrevenged , for he lived to see the miserable ends of all such as had first broached the mutual War against him , viz. Richard Duke of York , the Earls of Salisbury and Warwick , and afterward God was not slow to revenge his Royal Blood , for within a while the Duke of Clarence King Edwards Brother was attainted of Treason , and privately put to death in the Tower , as some say drowned in a Butt of Malmsey , King Edward himself continually infested with troubles , through his unquiet Reign , and People every where suffering through storms , pestilence , and Losses by Sea and Land , after his Decease his two Sons murthered by their unnatural Uncle the Duke of Glocester , and that Monster himself after a short Usurpation slain in Bosworth Field , as in the sequel shall more at large be shown , and thus I shall end with the death of this pious , though unfortunate King , who left no Issue , his only Son being murthered as is before recited . CHAP. V. The Murther of Edward the Fifth , and his Brother Richard Duke of York , by the means of their Vncle the Duke of Glocester , his Vsurpation and Death , with various Examples of Gods vengeance upon those that were his Assistants in the Regicide . Edward the Fourth having ( though for the most part ) reigned twenty two years , one Moneth and five days , deceased , leaving his Nobility at variance , though at his death they were seemingly reconciled , and his two Sons both young , and Glocester Protector of the Realm , during Edward the Elders Minority ; but he having before Plotted the Acquirement of the Soveraignty , resolved to work the destruction of his Nephews to his way to the Throne , and therefore confederating with the Duke of Buckingham , and other Lords of his Faction , which with gifts and large promises he won to his Lure : Whereupon his first attempt was to accuse the Lords of the Queens Blood , with many things thereby to render them odious in the Eyes of the People , and therewith a strong Guard went to meet the young King , who at his Fathers death was at Ludlow , under pretence of bringing him up to London to his Coronation , when indeed he never intended he should wear the Diadem , they having politickly perswaded the Queen from setting any guard about her Son , that so they might the easier work their purposes , and coming to Northampton where the Lord Rivers , the Queens Brother , and the Lord Richard her Son by Sir John Grey , lay , they with all seeming kindness received and imbraced them , and seemed to study nothing more than the advancement of the King , but Glocester , Buckingham and others of the Faction having held a close Consult most part of the Night , the next Morning they locked up the Inn , setting a guard of their Servants , whom they had privately sent for to secure it , and others to secure the way from Northampton to Stony Stratford where the King lay , that none should pass to bear the news of what had happened , under a pretence only that they designed to be the first that would wait upon the King from that Town , but Earl Rivers perceiving himself as it were a Prisoner , and mistrusting some design against his Person , went boldly to the Dukes , who were in the same Inn , and demanded the reason of such their proceedings , upon which they began to pick a quarrel with him , saying that he endeavoured to sow discord between the King and them to their utter confusion , should it take effect , but as he was about to excuse the false Accusation they committed him to Ward , and taking Horse Rode to Stony Stratford , where in the presence of the young King , they after a feigned salutation and submission , picked a quarrel with the Lord Grey , the Kings other Brother by the Mothers side , saying that he the Lord Rivers and Lord Marquess had Conspired their ruin , and that the Marquess had taken the Kings Treasure out of the Tower , and fitted out Ships to Sea ( which though they alledged as a crime against him , yet themselves knew it was done for the good of the Nation , and with the consent of the Council . These Accusations the King excused , saying , as for his Uncle and his Brother present , he durst ingage they had done nor meant no ill , though the Marquess being absent , he could not as yet tell what he might have done , but this availed not , for in the Kings presence they Arrested the Lord Richard , Sir Thomas Vaughan , and Sir Richard Hawit , and brought the King and all his Train back to Northampton , which unexpected news coming to the Queens Ear , she immediately with her second Son the Duke of York took Sanctuary in Westminster , and there in great heaviness attended the sequel , and there had the great Seal delivered to her by the Arch-bishop of York , which he afterward repenting , sent privately for it again . In the mean while Gloucester used many Arguments to perswade the King and those about him , that all should be well , and sent a dish of meat from his own Table to Earl Rivers with comfortable , though dissembling words , but in the end , the Lord Rivers , the Lord Richard , Sir Thomas Vaughan were sent to divers Prisons , and in conclusion all Beheaded at Pomfret by the command of Gloucester , without Process of Law. The next thing was to scandalize the Queen , and to insinuate with the people , that the Lord aforesaid intended to kill all of the Blood Royal , to which purpose they shewed several pieces of Armour found in their Carriages , saying it was designed for their destruction , which many of the more easie sort believed , though wise men knew , that if they had so intended , they would have had it on their backs , but at last the King was brought to London , and joyfully received by the Lord Mayor , Aldermen , Sheriffs , and chief Citizens , and thereupon a Council was called to consult of his Coronation , in which Gloucester so cunningly dissembled his Intentions , th●t he was made Protector of the Kings Person and Realm , and so the Lamb was committed to the keeping of the Woolf , and thus having got the King safe in the Tower , nothing remained but possessing himself of the young Duke of York who was with the Queen in Sanctuary , the which ( though much contrary to the will of the Queen ) he at last obtained , and upon first sight took him in his Armes , and gave him a Judas kiss . Thus having secured himself of the Male Line of the House of York , he began to pull off the Vizard that he so long had worn , and began to place and displace the Kings attendants as he thought most advantagious for the carrying on of his design , to all which Buckingham was privy , and it was resolved between them , that the Protector should be King , and Buckingham upon these following considerations , to assist him to grasp the Crown to his utmost power , viz. That Gloucesters only Son should Marry his Daughter , and that when he had attained his desire , he should have quiet possession of the Earldome of Hereford with other Immunities , and the better to carry on the designe , two Counsels were appointed , one in the Tower , and the other in Bishopsgate-street , the latter of which was composed of the Protectors own Creatures , amongst whom was one Catesby a Lawyer , in whom the Lord Hastings Lord Chamberlaine put such c●nfidence , that he doubted not but from him to have frequent Intelligence of all that passed , but he deceived his expectation , and instead of standing by him , gave Council against his Life , by incensing the Protector , that whilst he lived he could not accomplish his design , which so netled the Protector , that though he loved the Lord Chamberlain , yet rather than to be baulked in his purpose , he resolved , and the next day in Counsel he found occasion to pick a Quarrel with him upon pretence that the Queen and Shores Wife ( the late Kings Concubine ) had bewitched him , the latter of which the Lord Chamberlaine for the great Love he bore her , seeming to excuse , as indeed she was no ways Guilty , the Protector with a Sign given , in a great Rage gave notice to his men in Harness that he had planted in the next Room , who rushing in in great number , one struck at the Lord Stanley with a Battle-Axe , that had he not swiftly stooped under the Table , had split his Scull , but as it was , it grievously wounded him , then was the Lord Hastings Arrested , and within an hour after Beheaded on a Logg in the Tower , and all the other Lords disposed of in safe Custody for a time , and to excuse the Fact , a Proclamation was put forth , intimating that the Lord Stanley and Lord Hastings intended to have Murthered the Protector and Duke of Buckingham in Counsel , but few or none believed it , and the better to colour his pretence of being bewitched by Jane Shore , he caused her house to be rifled , and her to do open Pennance ▪ and the same day the Lord Chamberlaine was beheaded , the Lords of the Queens Blood were Beheaded at Pomfret , not without his Counsel and advice , little suspecting his Life was of equal date with theirs . The Protector having thus far proceeded , and resolving to go through stitch , procures Edmund Shore Knight Lord Mayor of London to be of the Counsel , that being privy to his design , he might work the City to his purpose ; as likewise procured the said Shores Brother a Doctor in Divinity , and one Fryer Pinker to Preach his Title , and insinuate him in their Sermons into the hearts of the People , in which the former by such prodigious Flattery and Dissimulation proceeded , that being reviled and hated of all men , for very shame and anguish he shortly after died , the latter in the midst of his Sermon so lost his Voice , that he was forc'd to break off in the middle ; but this way not prevailing , ( though Gloucester had ordered them to Proclaim his Mother an Adulteress , and that his Brother Edward was unlawfully begotten . ) Buckingham , together with tho Mayor , Recorder , and some of the Aldermen , repaired to Guild-Hall , where the Duke made a long harangue in praise of the Protector , to all the Citizens assembled , laying open the Cruelties , Lusts , and Tyranny of King Edward , vilifying his off-spring , and alleadging them unlawful , by arguing him lawfully Married to the Lady Elizabeth Lucy , though upon Tryal no such thing appeared , the Lady denying and disowning any such Marriage . His tedious Speech ended , he expected the loud applause of the people , that they should have cryed , King Richard , King Richard , but they rather stood amazed in deep silence , not so much as the murmur of a voice being heard , at which the Duke was much perplexed , and signified as much to the Mayor , who told him , he believed the people did not understand him aright , whereupon he again began to repeat what he had before declared , with additions more plain than what he had before delivered , which ended , some of his own men and of Gloucesters retinue , as likewise several Apprentices and loose Fellows , who had thrust in amongst the Citizens , cryed , King Richard , King Richard , and threw up their Caps , whilst the Citizens looked back as amazed at what they meant , but the Duke taking hold of this opportunity , said , It was a joyful Acclamation , and he rejoyced to see that all as one man had consented that the Protector should be King , and therefore desired them that the next day they would accompany him to wait upon the Protector to see if his Grace would accept of the Regal Diadem , and in the mean while he would acquaint him with their good will towards him . In the Morning the Mayor , some of the Aldermen , and several Citizens , but more Apprentices and Serving-men , accompanied the Duke to Baynards Castle , where the Protector resided , and being entred the outward Court , they sent in a Message to the Protector , to acquaint him that there were many Eminent persons , as well Nobility as Citizens , had an Important Suit to his Grace , and could impart it to no other , upon which he dissembles fear and unwillingness to speak with them , but after many earnest Intreaties , he came into a Gallery where they might behold him , and from whence he might speak to them , and then the Duke of Buckingham in the name of the rest , addressed himself in a speech , intimating , that it was the desire of all the Nobility and Commons of England , that he should take upon him the Soveraignty of the Kingdom of England and its Apurtenances , which he made strange at , as if he had never known of any such design , and vehemently ( though with much dissimulation ) argued against it , till the Duke of Buckingham told him , that the Nation was resolved to reject the Line of Edward , and therefore offered the Crown first to him as Right Heir , and should be sorry his Grace should refuse it , but if he did , they were resolutely bent to Elect some Nobleman King without his consent . To this the Protector after some recollecting himself , as if he had been to study what to answer , said , He was sorry they should reject his Brothers Children , and not suffer them to Rule , but since it was their pleasure , it was not in his power to oppose it , and therefore as next Rightful Heir he accepted of their kind offer , and would study to deserve their kindness , &c. After he had spoken what he thought convenient , the people shouted , King Richard , King Richard , ( that is the Rabble ) but the Graver Citizens stood Mute , and had various discourses amongst themselves what might be the sequel , yet we may well say here ended the young King Edwards Reign , which was rather an Inter Regnum which from his Fathers Death continued only two Months and 16 days , and in that space he not Crowned . Richard by Tyranny and Usurpation having snatched the Diadem , was Crowned with all Splendor , and caused a Parliament to be called in his name ( such was the partial flattery of that Age ) many Acts were made which confirm'd him rightful Heir , and to justifie his proceedings , but he siting uneasy in his Usurped Throne , whilst his Nephews were alive , soon plotted the destruction of the Royal Infants , which Heaven past doubt suffered , for the many unjust blood-sheads committed by their Father ; nor was he long in finding a fit Instrument for his Hellish purpose , for having in vain tempted Sir Robert Brakenbury to Murther the Innocents , he in his Progress to Gloucester , complained to one of his Pages , saying , Ah ▪ whom shall a Man Trust , those whom I have brought up my self ? those that I had thought most surely to serve me , even those fail me at my commandment , and will do nothing , to which his Page ( well understanding his meaning ) replyed that there was one without that he durst Ingage his Life would perform his commands ( meaning one Sir James Terril ) which much rejoyced the Usurper , who going into the Pallace Chamber , found Sir James and Sir Thomas Terril ( both Brothers , though unlike in conditions ) in bed together , when calling up Sir James , ( a Varlet unworthy of Knighthood ) he Imparted the matter to him , who never bogled at the horrid Villany , but in hopes of Favour and advancement , consented to the Impiety , and thereupon obtained the Usurpers Letter , to the Lieutenant of the Tower , to have all the Keys delivered to him for one Night , to perform his pleasure , which he accordingly received . But before I proceed to the Tragedy , one thing is worthy of Note in the Young King , who hearing his Uncle had taken upon him the Regency , with a Feeling grief , said to him that gave him notice thereof , Alass , I would my Vncle would let me Enjoy my Life yet , though I loose my Kingdom and Crown . But to return , this Monster having got the Power , displaced all the young Kings Servants , and left none about them but one Black Will , a Bloody Villain , and when the Night of Murther came , he appointed one Miles Forrest and John Dighton , both fleshed in Murthers from their Youth , the latter of them his Horse-keeper , to dispatch the King and his Brother the Duke of York , who coming in at Midnight , smoothered them to Death with Pillows , laying upon them , till they felt by their stillness they were dead , and then laying their Naked bodies upon the Bed , called their wicked Master to behold the dismal Spectacle , who caused the Bodies to be buried under the Stairs , and a heap of Stones to be layed on them , and then posted to tell the Usurper what he had done , who rejoyced at the most Execrable Tragedy , yet ordered their Bodies to be removed thence , which as the Writers of most credit say , were wrapped up in Lead , and put in a Coffin full of holes , and thrown into the Tower Ditch ; others affirm , that they were thrown into a black deep in the Mouth of the River of Thames , but certain it is , they were never afterwards found , but low the just Vengeance of Heaven on their Murtherers , and those that contributed to it ; First , the Duke of Buckingham taking up Armes against the Usurper whom he had raised , was discomfited , and flying to one Banister who was his Tennant , and had been his Servant , a man whom himself had raised from nothing to high esteem , continued with him for a while in the disguise of a Gardener , but Proclamation coming forth , promising the reward of 1000 Marks to any that could apprehend him , the false Wretch ( though Gods Judgment was signal therein ) delivered him up , and within a few days after he was beheaded : Forrest rotted piece-meal , and died in great Torment : Dighton lived miserably at Calais dying in the Streets ; and Terril after he had confessed the Murther , was beheaded for Treason on Tower-hill , in the Reign of Henry the Seventh , the Usurper during his short Reign , which lasted but three years , was continually terrified with frightful Visions of Devils , that seemed to tear and hale him in pieces , his evil Genius still haunting him , till at last he was slain in the Battle of Bosworth-field , and his Body carryed naked before a Horseman , being made a sport and scoffing to all that beheld it , and lay to publick view in Leicester , and then obscurely Buried ; and to conclude , his name grew so odious , that the White Bore which was his device , was every where torn down , the Executions during his Reign were many ; the Afflictions of the Land by Dearths and Inundations Excessive , so that few or none lamented his Fall , who had Murthered two Kings , and two Princes of the Blood Royal , their immediate Heirs and Successors . Nor died King Edward the Sixth , that pious Prince and Phaenix of the World , without great suspition of being Poysoned , for the Earl of Northumberland by his Stratagems , and the assistance of the Lords of his Faction , having procured the Death of the Kings two Uncles , the Lord Admiral , and Lord Protector , for the Death of the last of which the King falling into a deep Melancholy , and then sickening , he so dealt with him , as to disinherit his Sisters , the Lady Mary and Lady Elizabeth , and to settle the Crown by Will upon his Couzen the Lady Jane Gray , Daughter to the Earl of Suffolk , whom he had caused to be Married to his 4 th Son the Lord Guilford Dudley , thereby to Entail the Crown to his Posterity , and then ( as he thought ) to Seal what he had done , he removed the Kings Phisitians , and set a Woman who undertook to Cure him , who either through Ignorance , or rather as many imagine , to compleat the Hellish purpose , brought him to that pass , that his Phisitians being again called to him , durst not give their Advice , but went away shaking their heads , with Tears in their Eyes , and shortly after that Pattern of true Piety and Vertue left this Life , when after his Death his Body was found swelled at a Monstrous rate , and so diversly coloured , that most whispered it , that he was Poysoned , as did many Learned Phisitians , but durst not speak their minds freely , yet Northumberlands project lasted not , for himself , his Son , and the Pious and Innocent Lady Jane , as likewise the Duke of Suffolk her Father , all lost their Heads in the Reign of Queen Mary . Nor did Heavens Justice seem slow upon the heads of those Scotch Monsters who slew their King , viz. James the Fifth , stiling themselves the Ministry of Scotland , for the chief Actor was Burnt , together with all or most part of his Family , by his House accidentally firing in the Night , and others his wicked accomplices , who durst stretch out their hands against Majesty , were forced to fly and die miserable Exiles , whilst the Land Groaned under civil Dissentions , Famine , Mortal Sickness , and the like . But having proceeded thus far , I shall make a step over into France , and there take a view of the untimely Ends , and Barbarous Murther of two of their late Kings . CHAP. VI. A Relation of the Murther of Henry the Third , the French King , by James Clement a Jacobin , and how Gods Vengeance overtook the Murtherer ; as likewise fell heavy upon the whole Kingdom . KING Henry the Third of France , Third Son to Henry the Second , after the Death of his Father and two Brothers , Francis and Charles , ( in the latter of whose Reign , by his special Command , happened the Bloody Massacree of the Protestants all over France ) succeeded to the Crown of France , and was Crowned with great Solemnity , but sate not long in his Throne e're the Guises Faction began to give him disturbance , and under combination of League against him , take up Armes , whereupon many Battles were Fought , and what they most alleadged , was his favouring the Protestants , and to such a height the Duke of Guise pushed the Discontent , for the hate he bore to the Hugonets , ( as the Protestants were termed ) himself having been the Perswader to the former Massacres , that the King was forced in secret wise to fly Paris , and for refuge , betake himself to his Army , whereupon he sent for the King of Navarre , ( afterwards King of France , whose Tragedy we shall next relate ) to his assistance , who joyning Forces , fought many Battels with the Leaguers , but finding them the more obstinate , and that the Duke of Guise sought to deprive him of his Crown , it was so resented by some of the Kings Servants , that they set upon the Duke in the Castle of Chartres , and forcing their Entrance , killed him and his Brother the Cardinal , which was no doubt a signal Judgment for the many Thousand Innocents that by his advice were Massacred . Upon this the Leaguers prevailed with Pope Sixtus the fifth ( willing enough of himself ) to excommunicate the King , and every where excite his Ruffians to Assassinate him , promising for their encouragement great Rewards on Earth , and greater in Heaven , but the King was still Invironed with such Trusty Friends , that the Popes Hellish design was for a while Frustrated , though no way that carryed the Face of a Probabillity was lest unattempted . The Leaguers growing still more Furious having made the Duke of Mayne , the Duke of Guise and others their head , therefore to nip them in the bud , the two Kings advanced with their Armys , and sate down before the great City of Paris , the chief Seat of the Leaguers , and made Sundry Assaults , in order to win it , but did not so soon prevail , but that one of the Popes Hellish Instruments , prevailed against the Kings Life , the manner thus . One James Clement a Jacob in Monk , having been tampered withall and moulded in private , to Enterprize so great a wickedness , he in the Assembly of his Convent , declares his Resolution to kill the King , for which resolution he is carressed , called , Saviour of his Country , applauded and promised Mountains in this World , if he overlived the Act , and if he miscarry to be assured of Saintship to pass immediately to Heaven , without calling at Purgatory , to have shrines and Altars erected in memorial of the ( as they wickedly and falsly termed it ) Pious , Religious and Holy undertaking , which so Transported the Novice , that he thought himself already capering above the Clouds , and thought every moment a day till he had put his wicked design in practice , wherefore , either to make him the more venterous , or that themselves did think it more expedient , they carryed him to the High-Altar , prayed over him , ( O wickedness beyond Degree ) that God would Strengthen his Arm to give a sure Blow , and thereupon delivered him a Dagger , wrapped up in the Relict of a Saint , as they called it , and the better to compleat the Impostor , added to all their wickedness , by dipping the point of it in consecrated Wine of the Sacrament , and then dismissed him with what they called Blessings , but indeed such monstrous Impiety , that to the everlasting Infamy of the Romish-church let it stand Recorded . This deceived wretch full Fraught as he imagined with Honour in this World , and happiness in the other , Arrives at the Kings Camp at St. Clou , and pretended an Embassy from the Leaguers to the King , which he was charged to deliver to no Person but himself , and so by Feigned pretences , had admittance , when putting his hand into his Sleeve , as though he would draw out a Letter , with the before mentioned Dagger smote him in the Belly ; the King wrested the Dagger from him wounded him on the Head , which Strugling , made such a noise , that the Guards coming hastily in , and seeing the King wounded , stayed not to Inquire into the manner , but with their Swords cut the miserable wretch to pieces , and sent him by that means to his propper place , from whence not all the Papal Authority , nor Masses of a Thousand years can deliver him . The next Morning the King Died of his Wounds , leaving the King of Navarr his Kingdom and Army , who succeeded him by the name of Henry the fourth , and soon after avenged the Death of his Predecessor , by Beseiging Paris the chief residence of the Leaguers , who greatly rejoyced for the Death of the King , reduced it to such extremity by Famine , no filthy thing was left uneaten , and yet 6 or 7000 Dyed with Hunger and Pestilence . The Pope hearing of the Kings Death , much Applauded the Murtherer , caused his Statute to be set up , and gave him a red Letter in the Callender , saying , he was worthy of praise , for he Stabbed not the Picture of a King , but the King of France , in the mid'st of his Army , and the best word he could afford the King was a Favourer of Hereticks , and an unfortunate Prince , but his joy lasted not long , for he soon after Died miserably , and thus much for the fall of this great King. CHAP. VII . The Relation of the Murther of King Henry the Fourth of France , commonly called Henry the Great , by Francis Ravillack , what Prodigies Fore-run it , and the Vniversallity of the Conspiracy , with Gods vengeance on the Barbarous Actors and Contrivers , &c. HEnry the IV. Son to Anthony of Burb●on , by his Wife the only Daughter , and Heir of Henry D' Albert , King of Navarr , after his Grandfather , Father and Mothers Decease , Injoyed that Kingdom , and as you have heard , being next Prince of the blood , he was rightful King of France , after the Decease of Henry the III. and carryed on the War against the Leaguers , till he had obtained the absolute Soveraignty , joyning both Kingdoms . Many were the Plots layed against his Life , as that Massacre in Paris , whither he resorted to Solemnize his Marriage with Margaret Sister to King Charles the IX . where amongst other Slaughters of his dearest Friends , it was debated whither he and the Young Prince of Conde should be Murthered , and carryed on the contrary , only by the perswasions of one Duke , yet the next Morning they were brought forth into an outward Court , where whole Piles of Dead lay , and put to their choice by the King , either to chuse Death or the Mass , ( they being both Protestants ) of which at that time they thought it convenient to chuse the latter , but soon found means to escape , and Renounce those Errors ; another attempt was made against his Life after the reduction of Paris at Melun , by one Peter Barrier a Souldier , who was hired to have Stabbed him , at the advantage of his passing a Corner , but being detected , had his hand first burnt , holding the Knife with which the Execution was intended in it , the mean while and afterwards had his Flesh pulled off with hot Pincers ; A third open attempt was by one John Castle a Merchants Son in Paris , and a pupill of the Jesuits own bringing up , and past doubt Instructing , he not being above 18 years of Age , thrust himself into the Kings presence , and being about to strike him into the Belly was prevented by the Kings Stooping to return a Salute to one of his Nobles , yet it struck him through the Lip and struck one of his Teeth out , whereupon the party was apprehended , and confessed the Fact , glorying in what he had done , and maintained he ought to do it , and that he should offer up a Sacrifice acceptable to God , by taking out of the World a Prince Relapsed ; and Excommunicated , not did he seem much to Regard his Torments , when his Hand was Burnt , his Flesh plucked off with hot pincers , and lastly as he justly deserved had his Limbs torn off with Wild Horses , which making it plainly appear that his Patrons the Jesuits had perswaded him to that wickedness , and promised him Salvation for his Reward , whereupon his Father was Banished , his House demollished , and a Piramid set in his place ; and secondly by a Decree of Parliament the whole Society of Jesuits were expelled out of France , but by their shews of Piety and Sincerity , so Wrought with the Kings Favorites , and they with him on their behalf , that that Decree was repealed , and they again restored to the Destruction of the Kings Life , as most imagine . The next that attempted his Life was one that was or at least pretended himself a Natural , who finding opportunity run at him with a Knife , whereupon the Guard would have Killed him , but the King forbid it , and he ( being asked the reason ) said , He was King of all the World , and that Henry kept France from him , whereupon the King out of meer compassion ordered him to be released . And now France Flourishing under this great and Glorious Prince , whose good Conduct had Reduced it to so happy an Estate , that the like for some Ages past had not been , he thought to have rested , but such was the Implacable Mallice of his Adversaries , that they watched all opportunities to deprive him of Life , to whom next Heaven they owed their happyness , nor did they desist till they had brought about their wicked purposes , the manner and opportunity given thus . The King having Married Mary D' Medicis Daughter to Frances , and Neice to Fardinand Dukes of Florence , upon the Divorce of Margaret , Sister to the three late Kings of France , She was Impatient till she was Installed , and although the King had other purposes of more urgency which required his leaving of Paris , yet was he prevailed with to stay , though many things Prognosticated ill events , as the Raining Blood in divers places , Monsters-Born , Earthquakes , and Airy Fantoms happening and appearing , and several Predictions that the King should not out-live that Year , that he should Dye in Paris , a suddain and violent Death , and in his Coach , the which he ( though he was not over credulous on such occasions ) began to hearken to it , and was heard to say that he must be gone from that City or his Enemies would Kill him ; nay , so sure were they of his Destruction , that a Month before his being Assassinated Papers were found Printed in Spain and Italy that he was Dead , and eight days before a Courrier passed through Leige , saying , He went to give the Princes of Germany notice of his Death . The Villain Incited to be the Executioner , ( with large promises of Earthly Treasure and Joys Everlasting ) hardens himself to perpetrate the Execrable wickedness , having Lingered about Paris a long time for that purpose , he being an Ill down lookt Rascal who had formerly quitted his Order , and became a Solicitor of Ecclesiastical affairs , the day after the Instalment , the King Intending to leave Paris , the next day the King going in his Coach from the Louvre to the Arsenal , and to see all things provided for the Queens Entrance , having in the Coach with him the Dukes of Espernon and Monthason , the Marshals of Lavardine , Rocquelavar , La Force , Mirebeau , and Lian Cour chief Esquires , when Entering Iron-Mongers Street , through the narrow passage by St. Innocents Church , a Cart Laden with Wine was overthrown , as most imagine , for the purpose , which caused the Coach to stop , and whilst his Guard of Partizans passed through the Church-yard , this Villain ( who had all the while followed the Coach ) set one Foot against the Stall and the other upon the spoke of the Wheel , and with a long Knife struck the King into the Breast beneath the Heart , at which the King cryed I am Wounded , yet the Hellhound redoubled his force with a second Blow , which struck him to the Heart , of which he Dyed , without fetching so much as a Sigh , and again a third stroke which the Duke D' Monthazon received on his Sleeve , and although it was supposed the Murtherer might have escaped , yet so heightened was he in his wickedness , that he never Stirred from the place , neither hid his Bloody Knife , but rather Gloried in what he had done , and being taken ; he was adjudged by the Chamber of the Assemblies to be drawn to the Grave with four Horses , and to have the Flesh pulled off from his Arms , Breasts , and Thighs with Burning Pincers , and then Torn to peices , which Sentence was put in Execution , without his Testifying the least Emotion of Grief or Fear , for such strange Torments , so that it was Evident that he had been made believe that Paricid was Merritorious , and that if he Dyed , he Dye a Martyr , being Inchanted with a false assurance of great things , though for his Horrid Treason and Barbarous Assassination he met with his just Reward . All France at the Death of this King were amazed and in Tears , unless his Enemies who secretly rejoyced , thinking to gain their purposes , but were deceived most of them , being wasted and destroyed in the Wars that were in the Minority of his Children ; and thus fell this great King , yet e're I conclude , one thing is Remarkable , when he was opened , the Jesuits got his Heart , which they so long had desired , and carryed it to their Church De La Fleck , under pretence of Burying it there , his Body was Buryed in St. Dennis , whither a little before the Body of his Prodecessor Henry the III. had been brought from the Church of St. Cornillie . And leaving France , I shall Return to England , there to give the Reader a Sight of one of the blackest Trajedies that ever the World has known , a Murther without President or Parrallel , even the Murther of the Sacred Martyr Charles the First , of ever Blessed Memory , which take as followeth , to the Eternal Infamy of the Regicids . CHAP. VIII . The Dismal Relation of the most Inhuman and Barbarous Murther of CHARLES the First , King of Great Brittain , France and Ireland , and of Gods extraordinary Judgments , and speedy Vengeance on the Monsterous Regicides and principal Agents and Abettors in his most deplorable Death . KING CHARLES the First of ever Blessed Memory , Son to the Renowned King James , first sole Monarch of Great Brittains Empire , and his Vertuous Consort Anne , Sister to Christianus King of Denmark , was Born at Dunfermel in Scotland on the 19 of November 1600 , and when Englands bright Star , the Glorious Queen Elizabeth Set , he with his Royal Father , the undoubted Heir of these Dominions , came to London , and continued with great Applause , attracting in his Infancy the Eyes and Hearts of the Nation to gaze upon his comely person , and much admire his Vertues , promising such a Blessing to England that indeed it was not worthy of , he being sole Heir to the Crown by the Death of Prince Henry , who died at St. James's , Anno 1625 , succeeded to the Crown , having before his Fathers Death contracted Marriage with the Vertuous and most Renowned Princess Henrietta Maria , Daughter to Henry the IV. of France , and Sister to Lewis the then Reigning King , and at first such was the Universal Joy , that not a Cloud of Discontent appeared upon the Brow of any , but such is the Malice of the Powers of Darkness to hinder the progress of the Gospel ( which in his Pious Reign , whilst he absolutely weiled the Sword of Justice , spread so wide , that the like no Age had parallel'd ) was not wanting to raise such Pestilential Whirlwinds of Discontent , or rather Treasonable Intentions , as overturned all order and Government , bedewing Albions Surface with Blood ; and lastly , with that more valuable then Ten thousand vulgar lives , and to accomplish it , the Monsters his Agents a while sought by underhand means , but at last finding the Rabble moulded for their purpose they appeared bare faced , and inveighed against his Favourites , and first of all the Duke of Buckingham , who at length was Murthered by one Felton basely and treacherously at Portsmouth , for which the Murtherer was deservedly hanged in Chains : The next thing was to object against the Legality of Ship-Money , though Twelve of the Judges were of opinion that the Land being in danger of an Invasion , the King at any time ( with the advice of his Counsel ) might leavy Money to defend it without intrenching upon Priviledge of Parliament , for indeed if such a thing might not be , the Nation might be over-run with a Forreigne Enemy before money in a Parliamentary way could be raised to defend it , yet these were but slight Cavels for what happened afterward , for they openly encouraged the Scots to Rebel , and act such Insolencies , that the like happened not in that Kingdom before in the age of Man , Sacriledge and Murther being counted Trifles , and although they in Parliament denyed the King any supply for his urgent occasions , yet for their dear Rebel Bretheren of Scotland in recompence for the mischief they had done in Church and State , they voated them 100000 pounds , and to shew themselves better than their words , soon after added 200000 more , and then fell to Impeach the noble Earl of Strafford of High-Treason , as many believed upon no other account then that he was the Kings Favourite , and so far proceeded in their pernicious Designs , by raising Tumults with Clubs and Stalves to assault the Kings Pallace , crying out , Justice against the Earl , and no Bishops , that the King ( though not without the Earls consent ) thinking to appease those Blood thirsty Wretches , after his Attaindure , Signed a Bill for his Execution , which on the 12 of May 1841 , was Executed on Tower-Hill , his Majesty being greatly averse to that Fatal Trajedy , and at the same time ( O the Indulgence of this Blessed Prince ) Signed another Bill for the Houses siting , till they should consent to be dissolved , which they turned to his destruction , for having got the Millitia into their Hands , they Armed against him , and to them joyned such Rake-Hells as they could scrape together , of all Religions , as Anabaptists , Independants , Quakers , Presbyters , Brownists , Ranters , Advanities , Socinians , and what not , all fit Instruments of Hells , to hew down the Ceeder of Monarchy , and Imbrew the Earth with Blood of her Sons . Upon this and many other affronts , the King sets up his Standard at Nottingham , after his having been denyed entrance into Hull by the disloyal Knight Sir John Hotham , who had a Reward for his Treason , the just Judgment of God soon overtook him , for both he and his Son were soon after Beheaded , by their Rebellious Masters Command , viz. The Parliament , for to please whom , he had manifestly broken his Oath to his Prince . And now all being in a Combustion , and no likelyhood of deciding matters , but by the Sword , ( though nothing was wanting on his Majesties part that might conduce to a Peace and happy Reconcilliation ) many dreadful Battels were Fought , wherein the success was various till most of the Flower of the English Nobillity were Lost , and the King left destitute of Mony , and other such necessaries , as are Rightfully termed the Sinns of War , Fortune , who rightfully is painted Blind , turned the Scale of Victory and success , till no considerable place of Strength but Oxford was left him , where finding no concessions , would mollifie the Flinty temper of his implacable Enemies ; he after some consultation with his Council , resolved ( rather than to hazard being obliged to such hard conditions as a close Seige might extort ) to Fly to the Scotch Army who were in the Parliaments pay , and from some of whose perfidious chief he had received several kind Invitations , which he effected in the disguise of a Serving-Man , and found it Incamped at South-well , where he was first kindly entertained with promise of Protection , but Treacherous Villains as they were ( and be it a Brand to their Posterity for ever ) rather then loose their Arrears due from the Parliament , they delivered up their lawful Soveraign the best of Kings to the dispose of his merciless Enemies , but Heavens vengeance delayed not to such perfidious dealing , for soon after all Scotland was put into a Bloody Sweat by the Usurper . The King being in the Hands of his Enemies was Imprisoned at Holmby , where having stayed some time , he was taken thence by Collonel Joyce and carryed to Childersly , thence to Newark , and so by several Stages till he came to Hampton-Court , where a Treaty was proposed though nothing less intended , for at that very time the Tub-thumpers , fearing if the King should be restored , they should loose their canting Trade , bauled out nothing but Death and desolation , saying , Not words , but rhe Sword , shall end the Controversie ; and placing a hundred Bugbears before the Peoples Eyes to render them averse to any compliance , but there cant availed not , for such was the Gracious concessions of this good King , that they were highly approved of by many , and therefore Cromwell and his Faction fearing it should come to perfection , layed a Plot to fright the King from Hampton-Court , by possessing him under pretence of Friendship that there was a design against his Life , which was so Hypocritically demonstrated to him by Collonel Whaly , that the King leaving Letters behind him to signifie the cause of his departure , he in the Company and by the advice of Mr. Ashburnham and others , departed about midnight , none endeavouring to Impeach his passage , the Plot being before hand so layed , and in the end came into the Isle of Wight , of which Collonel Hammond was made Governour , who being Brother to his Majesties Chaplain , he thought he might the better confide in him , but as disloyal as he was he proved perfidious to his distressed Majesty , for upon the Parliaments publishing their Order , to make it Treason for any that concealed his Person , he secured him , and sent them notice thereof . Upon this the King Writes to the Parliament , giving them more fully to understand the reasons of his departure , and that he was still desirous that the Treaty of Peace might be continued , and that he would consent to any thing that in Honour and conscience he might do , so that after many messages had passed , the Treaty was renewed , wherein the Kings extraordinary Wisdom appeared , and his Princely Goodness so far condescending for the sake of Peace , that his concessions were by the Rebels themselves Voted satisfactory , which the Arch-Traytor Cromwell , perceiving and finding that such a conclusion would hinder him from aspiring , he Plotted with the Factious Army Officers to marr the whole proceedings , by new modelling the Parliament , and turning out such as were Inclinable to accord with his Majesty , whereupon placing Guards about the Parliament-House , after some conference with the Speaker , Pride and Hewson sent in a Paper to the House of Commons , Requiring the Impeached Members and Major-General Brown ( as Guilty of calling in Hammilton , a Forged pretence to pick a Quarrel ) might be secured and brought to Justice , and that the ninety and odd Members that refused to Vote against the Scotch Ingagement , and all that Voted for recalling the four Votes of non Addresses to his Majesty , and for a Personal Treaty , and acquiescing Votes in his Majesties answer should be immediately suspended the House , and that those that had done no such things should draw up their Protestations in Writing , &c. a brave way of making and unmaking Parliaments , but the Paper being thrown out of the House with detestation , whereupon all the Guards advanced , and a strong Guard set at the House Door , where Sir Hardress Waller and the Collonels , Pride and Hewson , lying purdue violently seized upon several Knights and Burgesses as they came out ; others they decoyed out under Sleeveless pretences , and in the end seized upon , debarred of Entrance , and caused to decline coming no less then 200 forty one , all which number were secured and kept Prisoners , Hugh Peters being their Keeper , who protesting against this force and Insolency , done upon and against the Houses and priviledges of Parliament were released ( all except Major-General Brown , who was kept Prisoner at St. James's ) Ireton bidding them at their departure look to it , and see they Acted nothing against the present Parliament or Army . Thus all things being brought and fitted to their purpose , the King is taken from the Isle of Wight and carried to Hurst Castle , a place very incommodious both for health and necessaries it standing in the Sea , and no fresh water being to be had within three Miles , from whence Harrison conveyed him to Winchester , and so by several Journies to St. James's , that insolent Traytor riding in the Coach with him , and giving order to his Souldiers to beat such as pressed near , either to see him , or compassionate his Sufferings . And now these Monsters resolving the Kings Death , to make way for their greatness , the offalls or fragments of a Parliament make an Ordinance , whereby they took away and disanulled the Oaths of Supremacy and Allegiance , and at the same time the Council of War forbid any State to be used towards his Majesty , whose attendants were for the most part discharged , and to compleat their Villanies , and to appear in their proper colours , an Ordinance was brought into the Commons House by Scot for the Tryal of the King , so monsterous and wicked a proposal that no Age e're parallel'd , which after some debate was approved of , and sent to the Lords House , who cast it out with detestation , which so metled them , that they presently passed a Vote , asserting the Supream power to lie in the Commons , and that whatsoever is Enacted or declared for Law by the House of Commons in Parliament , hath the force of Law , which passed without a Negative Voice , so that it plainly appeared at whose beck they were . And upon these Votes they made the Nest , wherein they hatched the Monster , called An Act for the Tryal the King , &c. which the 9 th of January 1648 was Proclaimed in Westminster-Hall by Serjeant Danby , by the Beat of Drum , and sound of Trumpet , and notice given that the Commissioners of the pretended High-Court of Justice , were to sit the next day , and that all those that had any thing to say against Charles Stuart King of England , might be heard ; The like was done in Cheapside and at the Royal-Exchange . And thus they Proclaimed their Wickedness aloud , the which however Masqued with specious pretences , and was then heard by most with Horror and amazement . The Bloody Villains that durst sit to Judge their Lawful King , were as followeth , whose Name and Memory are hateful to all Mankind . Oliver Cromwell , that Monster in Nature , Henry Ireton , John Bradshaw President and scandal to the Long-Robe , who a little before had taken the Oaths of Allegiance and Supremacy , but such Monsters no Oaths can bind , Thomas Harrison a Butchers Son at New-Castle Underline in Stafford-shire , John Carew , John Cook Solicitor to the Court , Hugh Peters , that Scandal to the Clergy , and Factious Bell-weather , Thomas Scot a Brewers Clark , Gregory Clement a broken Merchant , Adrian Scroop , the Stain of his Family , John Jones a Serving-man , Frances Hacker , Daniel Axtil a mean Shop-Keeper in Bedford-shire , Collonel Okey once a Stoaker in a Brew-House , Miles Corbet ; John Bark stoad , a sorry Goldsmith in the Strand , Thom●s Pride sometimes a Dray-man ▪ Isaac Ewer , Thomas Lord Gray of Grooby ( O Scandal and Shame of his Family ) Sir John Danvers , Brother to the Loyal Earl of Danby , Sir Thomas Maleverrer , Sir John Bourcher a troublesome Independant , Collonel Purefoy Governour of Coventry , John Black stone a Shopkeeper in Newcastle , Sir William Constable Governour of Gloucester , Richard Dean General at Sea , Francis Allen a Broken Goldsmith , Peregrine Pelham Governour of Hull , John Moor , John Allured , not long before a private Souldier , but to fit him for this Villany , made a Collonel , Humphry Edwards a Member of the long Parliament , Sir Gregory Norton , a Pensioner to the King , but now bought off to make one in the Execrable Villany , John Ven a broaken Silk-man , Thomas Andrews a Linnen-Draper , Anthony Stapely Governour of Chichester , Thomas Horton of mean and obscure Birth , John Fry a Country Farmer , and an Arian Heretick , Thomas Hammond Prince Henry's Physitians Son , Isaac Pennington , twice Lord-Mayor of London , twice Broke , and a lasting Dishonour to the City , Simon Meyen a recruit to the Long Parliament , Sir Hardress Waller a poor Knight , though after Inriched by the Spoils of his Maiesty , William Heveningham , Henry Martin a Lude and vicious Person , and consequently the fitter for so wicked a purpose , Owen Rowe a Silkman , Augustine Garland a petty Fogger , Henry Smith one of the Six Clarks in Chancery , Robert Tichbourn a Linnen-Draper , also Lord-Mayor of London , George , Fleetwood , James Temple , Thomas Wait of obscure Birth , Peter Temple a Linnen-Draper , Robert Lilburn Brother to John Lilburn the troubler of Israel , Gilbert Millington Chairman to the Committee for Plundering the Clergy , Vincent Potter of obscure Birth , John Downs , Thomas Wogan , John Lisby , William Say , Valentine Walton , Brother in Law to Cromwell , Edward Whaly , a Woollen-Draper , Edmund Ludlow Son of a Traytor , Sir Michael Livesey , a poor Knight of Kent , John Hewson , first a Cobler , then a Shoomaker , William Goff a Salters Apprentice , who run away from his Master , and betook him to the Army , Cornelius Holland a Serving-man , Thomas Challenor by some Reputed a Jesuit , William Cawley a Brewer , Nicholas Love , Son to Doctor Love of Winchester , John Dixwel a Recruit to the Long Parliament , Daniel Blagrave , Daniel Broughton , Edward Denby John Hutchison , Francis Lossely , Lord Munson , James Challenor , Sir Henry Mildmay , Robert Wallop , James Harrington , and John Philips . These were the pack of Hellhounds that were thought most fit to hunt after Royal-Blood , as Indeed they were , for such Monsters never Breathed before on Brittish-Soil . Matters being brought to this pass , on the 20 of January 1648. Bradshaw the President with about 70 of the aforesaid pack , Guarded by Partizans , came into Westminster-Hall , and sate down in the Court , whither the King was brought by Collonel Thomlinson , and placed at the Bar by the Serjeant at Arms , where a Crimson-Chair was set , in which he sate down without moving his Hat , or Regarding the Monsters , yet the President stood up and declared why he was brought thither , laying many Notorious Falsities to his charge , and was seconded by Solicitor Cook , but the King not to Impair his Kingly Character , absolutely denyed the Jurisdiction of the Court , and so Learnedly opposed the Illiterate Rout , with Stupendious Arguments , that they were beaten from all Defences , and nothing to say but that they were well satisfied in their Power , and that it was not for him to dispute their Jurisdiction , ( as indeed it availed not , for past doubt they Right or wrong had before-hand determined his Destruction ) and yet they convened his Majesty before them the day following , and the next day , as also on the 23 and still pressed him to answer the charge and own the Jurisdiction of the Court , without permitting him ( though he earnestly desired it ) to give his reasons why he refused it , nor to plead for the Liberty of his Subjects , which most of all he insisted on ; but Adjourned the Court to the 27 when notwithstanding the Kings Learned Arguments and perswasions , which they impatiently heard , they passed Judgment upon him , which after a long repetition of what had passed , during the Tryal , concluded in the words . For all which Treasons and Crimes this Court doth adjudge that he ( meaning the King ) as a Tyrant , Traytor , Murtherer and Publick-Enemy , shall be put to Death by severing his Head from his Body , after which Bradshaw declared , It was the Act and Resolution of the whole Court. And thus they layed to his charge things that he knew not , nor could be possible Guilty of , for Kings are accountable to none but God , nor can any man of Sence Imagine that Treason can be committed against a Subject , by his Prince , no Law allowing that it can descend , but it must ever ascend . Yet to the amazement of all Nations , having carryed on their Villany to this height , they proceeded further , for on the 29 of January a Warrant was directed under the Hands of John Bradshaw , Thomas Lord Gray of Grooby and Oliver Cromwell , to Francis Hacker , Collonel Hunks , and Lieutenant Collonel Phray , for the Execution of their wicked Sentence , the place appointed for the Tragedy being before VVhitehall ; and the next day between the hours of ten in the Morning and five in the Afternoon , to compleat the great wickedness , But to amuse the People that every where detested against their Diabollical proceedings , and to prevent any attempt that might be made , to rescue his Majesty , they caused it to be Rumoured that they would respite the Execution ; yet on the Fatal 30 of January in the Year aforesaid , the Commissioners met , and ordered four or five of their Canting Tub-Preachers to attend upon his Majesty at St. James's , but he refused to have any conference with those Varlets . In the Morning before his Majesty was brought thence , Dr. Juxon Bishop of London , officiated , and read Divine Service , when as the Second Lesson appointed to be Read for that day , by the Church Calender , happened to be the 27 Chap. of St. Matthew , being the History of our Saviours passion , which caused his Majesty to Thank the Doctor , for chusing so fit a place of Scripture , but being given to understand that it fell in course , he was highly Animated , then his Majesty received the Sacrament , after which and some other Devotions ended , he was conveyed to Whitehall through the Park , by a Regiment of Foot , but about his Person were a private Guard of Partizans , the Bishop on the one hand and Collonel Thomlinson on the other , when with a chearful voice , he bid the Guard march faster , saying , That now he went before them to strive for a Heavenly Crown , with less Solicitude then he had often Incouraged his Souldiers to Fight for an Earthly Diadem . Being come to the Stairs of the long Gallery he passed through , and coming in to an appartment appointed for him , continued in fervent Prayer , wondering at the delay , but the reason was because the Scaffold was not Finished , here he received a Letter from the Prince , brought by Mr. Seymour , and Dinner time came , he refused to Dine , only Eat a bit of Bread and Drank a Glass of Clarret . About one of the Clock Collonel Hacker came with his Guard of Officers and brought his Majesty , accompanyed with the Bishop and Collonel Thomlinson , through the Banqueting-House , and from thence upon the Scaffold , a Bridge being made from one of the Windows to it , round about which stood a Guard of 7 Regiments of Horse and Foot there placed to keep off his weeping Subjects from approaching to commiserate their dying Soveraign , the Scaffold was hung with mourning , and so Villanously were they bent on their wicked purpose , that fearing his Majesty would not willingly submit to the Axe , they had driven in Iron staples to force him to the Block with Cords , O monstrous Barbarity of these Inhumane monsters . His Majesty looking upon the Blcok , and having asked Hacker whither there were none higher , turned to Thomlinson , and began his Speech , wherein he declared , His Innocence , the unjust Incroachments of the Parliament upon his Perogative Royal , and their begining the unnatural War against him , yet Prays to God to forgive them all , and all that had a hand in his Death , advises them to restore the Church and Liberties of the People and the Crown to his Successor , laying down the particular means and methods that would unavoidably conduce to the Nations happiness , declaring till they were effectually observed , the Nation would be miserable ; and Lastly , that his Blood was causelesly shed , and that he Dyed the Martyr of the People , and then at the motion of Dr. Juxon , declared his Religion , saying , That he Dyed a good Christian according to the Profession of the Church of England , as he found it left to him by his Father , of which this good man can bear me witness , ( meaning Dr. Juxon ) then turning to the Officers , said , Sirs , Excuse me for I have a good Cause , and I have a Gracious God , then turning to Hacker , he said , Take care they do not put me to pain , after which he said to the Executioner , I shall say but very short Prayers , and when I thrust out my Hands — then he called to Dr. Juxon for his Night-Cap , which he having put on , said to the Doctor , I have a Gracious God and a Good cause on my Side , to which the Doctor answered , There is but one Stage more , this Stage is Turbulent and Troublesome , it is a short one , but you may consider it will soon carry you a very great way , it will carry you from Earth to Heaven , and there you will find a great deal of Cordial Joy and Comfort , To which his Majesty replied , I go from a Corruptible to an Incorruptible Crown , where no disturbance can be , no disturbance in the World , when as the Doctor again answered , You are to Ex●hange a Temporary for an Eternal Crown , a good Exchange . After this , they asked if his Hair was well , then he taking off his Cloak and George , gave to the Doctor , saying , Remember — which as many suppose was to give his George to the Prince , then he put off his Doublet , and bid the Executioner set the Block , and bid him when he stretched out his Hands ( shewing him the manner ) to strike . After that , having said several Prayers and bidding the Executioner ( who was disguised with a Vizard-masque ) stay for the signe , he meekly layed down his head , and after a short space giving the Sign , ( O horror and Eternal Infamy to his Murtherers ) had it struck off at one blow , which ( bloody as it was ) was taken up and shewed to the People , who in Groans and tears expressed their unfeigned Sorrow . The Tragedy Finished , his Body and Head were put into a Coffin covered with mourning Velvet , and carryed to his House at St. James's , where it was Embalmed and layed in a Leaden Coffin , to be seen of such as resorted thither , and after a Fortnights exposing , delivered to four of his Servants , who in a Hearse conveyed it to VVindsor themselves , in mourning accompanying the Corps , and placed it in the Danes-Hall , all hung with mourning , and Lights stuck round , whither resorted the Duke of Lenox , the Marquess of Hartford , the Earl of Lindsey , and the Marquess of Dorchester , to pay their last Duty , to their Royal-Master , having received orders of Parliament for his Interment , but were denyed by Whitchcot to Bury him in St. Georges Chappel by the form of the Common-Prayer-Book of the Church of England , though they pleaded the consent of the Parliament thereto , he alledging that the Parliament would not permit the use of what they had so solemnly abolished , and so destroy their own Acts , the Lords reply'd , that there was a difference between destroying their own Act and dispencing with it , and that no power so binds its own hands as to disable it self in some cases , but the rigid Fanatick would not hearken to their reasons , so that they were obliged to seek a place , and at last found King Henry the Eight his Vault , where t is conjectured his Body and that of his Wife the Lady Jane Seymore lies in Leaden Coffins , there being Room for one more , they Interred the King , and upon his Coffin fixed in large Characters King Charles , 1648 , bedewing the Earth with Tears and Sighs , but especially the Bishop , for that he was not permitted to do his last Duty to his Royal Master . Thus by Murthering hands fell this blessed Martyr , but Heavens Vengeance was not slow in making it manifest , how Sacred Kings lives ought to be held ; First it is observed that the first raisers of the Rebellion most of them died miserable , some by Grievous Diseases , some Beheaded and Hanged by their own Rebel Party , and others lived miserably in Exile ; Oliver that Monster , during his greatness , was nightly terrified with dreadful Visions , and in the day time continually in fear of his Life , seldom Lying twice in a Room , and ever haunted with an Evil Conscience , till he was cut off in the Strength of his days , and Transported to his proper place in a Whirl-wind , and after his Majesties Restauration had his odious Corps together with Bradshaws and his Son Iretons taken out of their Graves , and Hanged upon Tyburn , their Heads set up at Westminster-Hall . Pride , Ewer , Lord Gray of Grooby , Danvers , Malleverer , Bourcher , Purefoy , Blackstone , Constable , Dean , ( killed by a Shot ) Allen , Peham , Moor , Allured , Edwards , Norton , Venn , Andrews , Stapeley , Horton , Fry , Hammond , Pennington and Meyen , all of them the Kings Judges , Dyed miserably , before his present Majesties Restauration , Olivers Daughter Dyed Madd , his Son Richard tumbled down as soon as set up , and beset with Bayliffs for Debt , these of the Kings Judges were condemned and Executed as Traytors , since his Majestys Restauration , viz. Harrison , Carew , Cook , Peters , Scot , Clement , S●roop , Jones , Hacker , Axtel , Okey , Corbet , and Berkstead , being Excluded the Act of Indemnity , these following of the Kings Judges , were Sentenced to Death as Traytors , and kept in Prison to be Executed at the pleasure of the King , viz. Wallen , Heningham , Martin , Row , Garland , Smith , Tichburn , Fleetwood , James Temple , Peter Temple , Waite , Lilburn , Millington , Potter and Downs , most of which since Dyed miserably in Prison , those that Fled and came to miserable ends for the most part in Exile were these , Wagan , Lisle , Say , VValton , VVhaly , Ludlow , Linsey , Hewson , Goffe , Holland , Challenor , Cawlice , Love , Dixwell , Braughton and Danby , the following were such as upon humble submission , and Recantation found mercy and only Fined . Hutchison , Lassels both Fined , but VVilliam Lord Munson , James Challenor , Sir Henry Mildmay , Robert VVallop , Sir James Harrington , and John Philips , were deprived of their Estates ; and Sentenced to be drawn on Sledges to Tyburn , with Ropes about their Necks like Traytors , and then returned to the Tower , where they were to continue Prisoners during their Natural Lives . And thus Heavens Vengeance overtook the Regicides , and brought those monsters to their deserved Punnishents , who durst stretch out their Bloody and Trayterous hands to the sheding Innocent Blood of the Lords Anointed , and that such or worse may be the Portion of all that shall hereafter dare to imagine , the like is the hearty wish of the Authour . FINIS . Books sold by Daniel Brown at the Black Swan and Bible without Temple-Bar , and Thomas Benskin in St. Brides Church-Yard . A Prospect of Government in Europe , and Civil Policy , shewing the Antiquity , Power , Decay of Parliaments , with other Historical and Political Observations relating thereunto . By T. R. 8 vo price 1s . No Protestant but Dissenters Plot discovered and defeated ; being an Answer to the late Writings of several Eminent Dissenters , wherein their Designs against the Established Church of England , and the unreasonableness of Seperation are more fully manifested . By the Author of the second Part of the History of Seperation , 8 vo . The Forfeitures of Londons Charter , or an Impartial Account of the several Seisures of the City Charter , together with the means and methods that were used for the Recovery of the same ; with the causes by which it came Forfeited , &c. Price 6d . The Third Edition of the Life , Bloody Reign and Daath of Queen MARY . In this Edition is added an Account of the most Remarkable Judgments of God on many of the Persecuters . Price Bound 1s . There is now Published the newest Collection of the choicest Songs , as they are Sung at Court Theatre , Musick-Schools , Balls , &c. With Musick-Notes , Price Bound 1s . The Cause and Cure of Offences , in a discourse on Matth. 18. vers . 7. By R. Kingston Prebendary of Soll. and Chaplain in Ordinary to his Majesty . 8 vo . Seldens Janus Anglorum . The Mystery and Method of his Majesties Happy Restauration laid open to publick View , by John Price Doctor of Divinity , one of the late Duke of Albemarles Chaplains , and privy to all the secret passages and particularities of that Glorious Revolution . 8 vo price 1s . 6d . The Impostor Exposed , in a Dissection of a Villanous Libel ( here Printed at large ) Entituled a Letter to a Person of Honour concerning the Black-Box . 8 vo . price 1s . 6d . Some Historical Memoires of the Life and Actions of his Royal Highness , the Renowned and most Illustrious Prince , James Duke of York and Albany , &c. ( only Brother to his most Sacred Majesty King Charles the II. ) from his Birth 1633 , to this present Year 1682. price 1s . PLAYS . The Young King , or the Mistake : Written by Mrs. Behn . Romulus and Hersilia , or the Sabine War. The City Heieess , or Sir Timothy Treatall . The Roundheads , or the Good Old Cause . Three Farces Acted before the King and Court at Newmarket , The Merry Milk-Maids of Islington , or the Rambling Gallants defeated Love lost in the Dark , or the Drunken Couple The Politick Whore , or the Conceited Cuckhold 
A31028	----	Regicides, no saints nor martyrs freely expostulated with the publishers of Ludlow's third volume, as to the truth of things and characters : with a touch at Amyntor's cavils against our king's curing the evil, and the thirtieth of January fast : a supplement to the Just defence of the royal martyr / by the same author. Baron, William, b. 1636. 1700 Approx. 219 KB of XML-encoded text transcribed from 74 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A31028 Wing B898 ESTC R15796 11725124 ocm 11725124 48374 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A31028) Transcribed from: (Early English Books Online ; image set 48374) Images scanned from microfilm: (Early English books, 1641-1700 ; 10:20) Regicides, no saints nor martyrs freely expostulated with the publishers of Ludlow's third volume, as to the truth of things and characters : with a touch at Amyntor's cavils against our king's curing the evil, and the thirtieth of January fast : a supplement to the Just defence of the royal martyr / by the same author. Baron, William, b. 1636. Baron, William, b. 1636. Just defence of the royal martyr, King Charles I. [2], 144 p. Printed for W. Keblewhite ..., London : 1700. Reproduction of original in Union Theological Seminary Library, New York. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Great Britain -- History -- Charles I, 1625-1649. 2006-03 TCP Assigned for keying and markup 2006-03 Apex CoVantage Keyed and coded from ProQuest page images 2007-04 Ali Jakobson Sampled and proofread 2007-04 Ali Jakobson Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion REGICIDES No Saints nor Martyrs : Freely Expostulated With the Publishers of LUDLOW'S Third Volume , as to the Truth of Things and Characters . WITH A Touch at AMYNTOR'S Cavils against Our KING's Curing the Evil , and the Thirtieth of January Fast . A SUPPLEMENT to the Just Defence of the Royal Martyr ; By the same AUTHOR . Virg. Aeneid . 6o. Vendidit hic auro Patriam , Dominumque potentem Imposuit ; fixit Leges pretio , atque refixit . PROV . xxviij . 2. For the Transgression of a Land , many are the Princes thereof . LONDON , Printed for W. Keblewhite , at the Swan in St. Paul's Church-yard , 1700. Regicides NO SAINTS nor MARTYRS . THAT this hath been all along , and still continues , an Age of Paradoxes , as to the most considerable Subjects mens Minds are conversant about , is too manifest to be disown'd : Our Philosophy is so altogether new , that it bids defiance to whatever helps the Ancients might be suppos'd to assist us withall ; scorns to stand upon their Shoulders , to take the better Prospect of the Natural World , which our Fore-fathers prudently did , and gratefully acknowledg'd ; but , on the contrary , if we now stand so in any sence , 't is to trample upon , and contemn them . And in some part it may be from hence , that our Divinity is more than ever ting'd with the opposition of Sciences falsly so called , whether of new Lights on the one hand , which have so much dark'ned the right understanding of all true Religion ; or new Notions on the other , which would submit the Mysteries of God to the Reason of Man , bring back all Reveal'd , to Natural Knowledge ; and that , which is sadder still , without the least regard to Moral Practice . But nothing hath been so Paradoxical as our Politicks , about which we have try'd as many Experiments , as the Chymists for the Philosophers Stone , and to much worse purpose ; since they , tho' failing in their grand aim , every day improv'd their Discoveries to the health , and benefit of Mankind ; whereas our State Empericks are so desperate , as to force upon us their Poison , without the least provision of an Antidote ; will needs be altering the whole Constitution of that Body , nay , it s very frame and posture , even to setting the Feet uppermost , as if we had quite forgot the Mischiefs which attended their former attempts of that kind , what a Vertigo it made in our Brains , such a swiming , and giddiness , that many will not own it for a disease , that every thing should still turn round : neither indeed can it be upon any other Presumption but this , a belief of the generalities not being throughly recover'd , so far in their right Wits , as to have attain'd that old , and true apprehension of things they mostly had before those many fatal Joggs , and National Convulsions , that these bold Undertakers have the confidence of thinking to set up their Stage again , make a Cant , and a Noise , with those many Old Compositions , which from our former experience have prov'd most destructive both to Health and Life : And 't is of most unhappy consideration , that in this particular alone they should have reason , take us in such a careless indifferency as to those former Disorders , and Confusions so long groan'd under , that we seem to have forgot , according to our aforemention'd charge , not only God's Mercies , but our own Miseries too . And from hence alone it must be , that the Prefacers to Ludlow's Third Volume , boast so much of that reception the two former had met with . Mens Palates are vitiated , and Stomachs foul , which makes solid Truths of too hard digestion ; sound Principles , and sincere Advice , will no more down with them , than a Potion of Physick with a sickly pettish Child , or Water with a man in an Hydrophoby : Something they must have which is not to be had , or will certainly do them Mischief if they can get it ; and yet having gratify'd their humor , and experienc'd the nauseousness of what was so earnestly desir'd , how loathsome and pernicious it prov'd , they will not be thereby caution'd from fansying something else altogether as prejudicial : would any Physician of Reputation comply with a Patient in such froppish Extravagancies ; or wise , good man oblige a Friend , a Relation in the like unkind Concessions ? And this is what I desire to expostulate with the Publishers of the foremention'd Memoirs , with what design they are so forward to impose upon the World such a Farrago , such an Hodgpodg , of Calumnies , and Falshoods ; and presume it may be the more freely done , from certain information , that tho' their assigned Author provided the Ingredients , yet they compos'd the dish , from a confus'd heap of Alltogethers , according to his little regard either of method or truth , cull'd out what they thought most proper for this notable Swiss Entertainment : Now from so great an abundance , such as it was , one would think they should have presented us with nothing , but what had been sound , and wholsom , and thereby oblig'd every judicious Palate , tho' the Service had been the less , ( and indeed 't is probable one Volume would have comprehended all really worth information ; ) whereas to throw in the many superannuated Stories , and Commonwealth Fictions , which serv'd their several turns from 41. forward , as if Time , the Mother of Truth , had not yet brought forth any thing of clearer discovery , made a real Detection of their many , however well ▪ contriv'd Villanies , is too imposing , and what no common Imposter would be guilty of . And really when I first undertook to defend our Royal Martyr , wipe off that dirt , and obloquy , wherewith this Author , and his Friends design'd afresh to bedaub the Sacred Memory of that excellent Prince , it could not enter into my thoughts , that they would venture further , at leastwise so far , as to write a Panegyrick upon his Murtherers , presume or imagine it possible to set them in a true Light , who thorough all their actions , and enterprises whatsoever , were as black and dark as Hell ; a Generation of such profligate wretches , both in Morals , and Principles , as no Age , or Government can parallel ; so insolently base , as neither Law , nor Reason could limit their Arbitrary Wills ; and yet withall so despicably vile , as their own Creatures had them in equal contempt with all good men , and kick'd them down with an answerable Scorn . There was indeed an old Humorist last Century , who writ an Encomion Neronis ; and De Quevedo brings in Judas making an ingenious Apology for himself in Hell ; but there was Wit and Fancy in those Conceits , without any thing of Intrigue , or mischievous Design ; whereas here we are impos'd upon with one continu'd relation of right down Forgeries , and pernicious Innovations , on purpose to possess the People that Knaves and Fools are their best Friends , to ruin the Nation , in subverting all fundamental Establishments , will conduce most to its interest , and that such Devils as have already , or shall hereafter do it , ought to pass for Angels of Light , A just indignation hereat , hath caus'd me to continue my Reflections upon this Third Volume ; wherein , nevertheless I design to be very brief , and shall only take notice of such Passages as either directly or indirectly strike at the Memory of our Royal Martyr ; or otherwise tend to the Subversion of the Monarchy in general , its Foundation , and Being . To which purpose I shall , 1. Crave leave to Expostulate a little with the Author's Friends , ( as they term themselves ) who set forth his Memoirs , the last Volume more especially , whether they have not a Commonwealth design in publishing them , and do not give more than secret intimation thereof in their Preface ? as likewise whether they can plead ignorance of several Passages , and Characters therein , being notoriously False and Scandalous ? 2. I shall presume to give the true Character of those Execrable Regicides , whom with so much Art and Daubing , they endeavour otherwise to represent . 3. Shew with how little reason , and much malice , this last Volume is swell'd up , to pretty nigh one half , with a Collection of Letters , and other Papers , which had been frequently Printed before , and every thing therein cavill'd at by them , as frequently , and fully reply'd to . SECT . I. MY first Business then must be to Expostulate with those worthy Friends and Admirers of the Author , whether they have not a Commonwealth design in Publishing these venerable Remains of his , and do not give more than secret intimation thereof in their Preface , &c. yet I cannot believe they are any otherwise his Friends , than agreeing in the same Notions of Commonwealthism , whereof they esteemed him a doughty Patron ; for 't is generally presum'd the last of his Acquaintance and Confidents was S — by B — el , with whom those many Reams of Paper , he had , whilst grumbling in Swisserland , emptied his gall into , were entrusted : and report speaks that he was trick'd of them by a Republican confident who best understood to make the best of them , as well for the Good Old Cause , as his own Advantage ; which 't is further said the churlish Nabal was very angry at , and would have resented accordingly , had not Death interpos'd , and put an end to that Dispute . The Vsurper of the Copy , having now got quiet , and sole Possession , consulted , more than once , the whole Calves-head Fraternity , not without some Representatives , as to the most creditable way of Publishing ; where in conclusion , it was resolv'd to cut off the superfluities of that slovenly Swiss dress 't was left in , and notwithstanding the Books , and their many Prejudices against France , send it forth in that Allamode way of Memoirs . For what reason they affected so much Vmbrage as to date their Preface from Bern , and suppose the Impression at Vevay , I shall not concern my self ; had they said at Darby it had been nigher home , and nigher truth too ; nay certainly so , by a little quibling transition from Place to Person . To come to their Preface , which good Books as little want , as good Wine a Bush , they begin with a stale Common-place flourish of the Reception the other Volumes have found in most Parts of Europe , and the incessant Inquiries of divers Persons of Worth and Honour concerning these Remains , &c. What reception they met Abroad I have not heard , to be sure they are not yet translated into any Foreign Language , and dare engage they never will : But that the Publisher hath had a very good Market at home shall be readily granted , as well for what was formerly observ'd , that this Age's vitiated Palate relish nothing more than such crude unhealthy stuff , as feed the Disease , rather than nourish the Body ; as likewise all Men of sence , and sober understanding were oblig'd to look into them , the better to refell those many Cavills and Conceits wherewith every superficial Reader is not more easily impos'd upon , than forward to impose upon others . And really the only good I can possibly hope for , from the many forward Abettors of such desperate all-destroying Innovations , is that by degrees it may awaken such as apprehend much better , would they exert their Parts , into a due consideration of the Insolence and Arbitrariness of this Faction when in Power , and that the same Evil Spirit possessing us once again , it would be more than seven times worse than at first . One thing I must take notice of by way of Preliminary , as very artfully manag'd , by all the Modern Writers upon this Subject , they bend their whole force against Sir Robert Filmer , who writing at the beginning , or besore the Wars , for so his Patriarcha was , proceeded upon one grand Postulatum , which the innocence and simplicity of those quiet times assented to for undoubted truth , and upon the acknowledgment of Revealed Religion , with the History of the Creation , only from thence discover'd may indeed be cavill'd at , but not disprov'd ; the Postulatum is this , That as God is Soveraign Lord of the V ; niverse , so here upon our little Spot , ( this Ant-hill , as Lucian terms it , where Men creep up and down , and quarrel each other for every despicable clod ) he delegated to Mankind a Superiority over all descended from him ; by which means as they are not free to choose whatever Governors , or Forms of Government they please , so is there not the least danger of thraldom , or ill usage , under so natural , and indulgent an Oeconomy ; for the treatment of Children is quite different from that of Servants or Slaves ; which our Republicans would most illogically inferr , and make much clamour about , vet nevertheless if the former the Children be untractable , defective in their duty , and bounden respect ; 't is most incongruous to suppose , even from the dictates of common reason , they that gave them Being , should be without a Power of Restraint , and Controll . This Sir Robert lays down as the Basis , the Foundation of all Regiment , from whence , as Mankind multiply'd , it grew up from Paternal , to Monarchical , where the People too much resembling Children , of a froppish , unmanageable disposition , 't is equally reasonable their Common Parent should here likewise have a judgment of discretion , to countenance , or chastise according to their different deportments : Now as this is the Origin from whence that worthy Gentleman deduceth all Government , so is it less liable to Exception , Oppression , &c. than any of those popular Models this uneasie Age is so fruitful of , and troublesom with ; but how readily any one may pervert anothers meaning , the common course of Controversie unhappily discovers , where each one dresses up his Adversary , as the Heathens did the Primitive Christians , in the Skins of Wild Beasts , or some such like terrible shape , and then loo the Reader to fall upon , and devour them : whereas the foremention'd Hypothesis , taken in a candid and true sence , as it gives no more Power to the Prince , than a Father hath over his Children , so is it most forward to grant all those Rights and Privileges , these busy Men make such a noise and clamour about ; only designs to give them a true Notion of the thing according to its Original , its Divine Institution ; that so they might thankfully , and respectively enjoy them , without offending God , and disturbing , or subverting the Peace , and Welfare , of that Community wherein they live . Yet at the foremention'd severe rate is Sir Robert treated , in the former of those Two Treatises of Government ; as if he design'd nothing but Slavery , and Oppression , to all Mankind , and that nothing less could be deduc'd from the Principles upon which he proceeds . And that Folio of Discourses written upon the same Subject , By the Honourable Embassador of the Commonwealth of England , ( a commendable Character for a Person of an Ancient , and Noble Family , to be Minister to such a pack of R — ) useth him in the like mistaken , ill-bred manner . And here I cannot but propound one thing which must be acknowledged reasonable , that since there are a new Set of Men so earnest to revive that old Controversie of Commonwealthism , they would act so squarely , be so ingenuous , as to make an Universal Search into the matter , consider those many Enlargements others have made upon the foremention'd Premisses ; for Sir Robert Filmer only brake the ice , was indeed the first who dar'd to Remonstrate the cursed Consequences , and horrid Impieties of that Rebellion they were run into ; but , as already mention'd , writ only in general , according to the universally received Maxims of precedent Times , till the Jesuit , and Calvinist , set up , the one for the Pope , the other for the People ; and so turn'd all things topsy turvy . I say therefore , it were more generous , and to the purpose , would they take notice , and reply to what hath been further on , with greater particularity , and exactness written upon this occasion : for the Penquarrel went on with that of the Sword , and was much more successful in every Engagement ; it would be therefore no little satisfaction to all impartial Enquirers , could these bold Vndertakers be prevail'd upon , in a full reply , to answer what that Prodigy of all Reading , the most Reverend and Learned Usher , writ , during the Rebellion , tho' since Printed ; Of the Power communicated by God to the Prince , and the Obedience required of the Subject . And his worthy Successor the great Bramhall , did in the heat of the War write the Serpent Salve , in Answer to a Virulent Libel , which contain'd all those popular Delusions , the Rebels then made use of to impose upon , and betray the Nation . An ingenious young Gentleman , Mr. Dudly Diggs , did likewise at the same time write of The Vnlawfulness of Subjects taking up Arms against their King : with many other unanswerable Pieces of that Nature , which these great Sticklers , for their Sovereign Lords the People , or rather their own Maggots , and wild Projects , never did , nor never will take notice of . What Dr. Taylor hath likewise written of the Supreme Power in his Cases of Conscience , is too clearly stated for them ever to meddle with . And to come to what hath pass'd since the Restauration in 60 ; when Second's unaccountable Remissness gave their Demagogueships an opportunity of fermenting the People , to very nigh their 41 infatuations ; among others , a very learned , and most accomplish'd Gentleman , Sir George Mackenzie , writ a little Tract , call'd , Jus Regium , or the Just and Solid Foundations of Monarchy in General , &c. which tho' calculated more immediately for the Meridian of his own Country , yet may it indifferently serve for the whole Island , with any other Part of the Civiliz'd World ; this Piece more especially is what I would provoke the whole Set of our reviv'd Rota Club to take notice of , and reply to , if they can ; for 't is writ both like a Divine , and a Lawyer , so concise , and yet withall so full upon each account , as nothing can be more exactly or clearly express'd : He there makes it appear how impossible it is , that all the People in any Nation should be brought to Consult of their Publick concerns ; yet every private Man and Woman , according to these pretended Laws of Nature , this Popular Birth ▪ right , have an equal claim with the most Pragmatical Pretender , and potior est conditio negantis : Observing further , that such plausible Intrigues have been the common wheadle of insolent , factious Spirits , to delude , and engage the Rabbles assistance in subverting the present Establishment , and if the attempt succeed , become really those Grievances to the People , falsly suggested in the former , yet the ball being once set a running , the breach made , it can end in nothing but confusion ; for they that have subverted one Government may justly expect a Retaliation , and so the freak continu'd , or pursu'd , by one Bautefeu after another , without the least prospect of redress . All which must be an undoubted consequence of what Mr. Sidney so positively lays down in those Rhapsodies of his , Sect. 4. Part 3. That the People for whom the Magistrate is created , can only judge whether he rightly perform his Office , or not ; excellent Judges without doubt , and very steady in their Resolves : Altho' Tacitus who hath hitherto pass'd for a judicious Historian , was of a quite different Perswasion , in that he saith , Plebi non judicium , non veritas : And Tully , thought no mean Statesman in the Roman Republick , passes the same censure , Non est Consilium in vulgo , non Ratio , non Discrimen , non Diligentia , — Ex opinione plurima , ex veritate pauca judicat : But our Modern Politico's understand better , or rather design otherwise , to be the Gracchi , the Marij of our times , nothing more satisfactory to their turbulent Spirits , and bloody Minds , than Proscription , and Slaughter . But to urge this a little further , how shall the People judge or determine when these their admired Patriots or Ring-leaders fall in pieces ? what a nonplus were they put to upon the Conservators of their Liberties , as they were held in hand , the Presbyterians and Independents being divided , whilst the Army interpos'd to make the lesser part the whole ; the Peoples judgment was then much regarded and their Rights maintain'd , their Purse , and Persons altogether free , that was to be dispos'd of by their mercenary Mamalucks not themselves ; till thus by incessant , and unsufferable Impositions , that oppression , which according to Solomon , makes wise men mad , made these fools sober , in which sensible Mood , as the discreet Athenian foresaw in the like case , they were for tearing in pieces all that occasion'd their mistakes and mischiefs . I had not mention'd the precedent pernicious Maxim of the Peoples being the venerable Judges of their Superiors actions , but for that it exactly agrees with what Ludlow more than once inveighs against , in the then Lord Chief Baron Sir Orlando Bridgman , because , sitting Chief Commissioner at the Tryal of the Regicides , he had the assurance to tell the Jury , That no Authority , no single Person , nor Community of persons , not the people Collectively or Representative , have any coercive Power over the King of England : great assurance this , yet is it much greater in the Publisher , since all the Books in his Shop , and Warehouse too , will scarce be able to fee any one Lawyer of Sense and Reputation throughout the several Inns of Court , to averr the contrary , deny under his hand , that 't is not one main Fundamental of our Ancient Monarchy , and upon which the whole Government depends : is not then the Printing thereof , to be aiding and assisting in something , which hath in former days been termed Treason , and would not have pass'd without a due resentment , of what kind soever the Monarchy were ? Yet however forward they are to abridge others , Mr. Sidney lays it down as essentially necessary in his Model , that the Legislative Power should be always Arbitrary , and so it hath been , and ever will in such hands as theirs ; for what he adds , not to be trusted in the hands of any , who are not bound to obey the Laws they make , is trifling , and depends solely upon their own choice ; neither will a partial respect to each other , ever suffer it to take place : whereupon 't is grown to a Proverb in the Low Countries , He that goes to Law with any in the Government is either Fool , or Mad-man ; and here at home we may have observ'd , such as most vigorously oppos'd Prerogative , have stood as earnestly upon , and been very forward to stretch their own Privileges ; and yet we must not say , Quis tulerit Gracchos ? or think the People little Redress'd , if both those Buckets be not equally pois'd . This to be sure is a well known Passage , that tho' the Law took hold of Munson , and Harry Marten , during Cromwell's Vsurpation , for their just Debts , yet when sent for out of Gaol to make a Quorum of Rumpers , 't is scarce a Question whether they paid so much as their Fees , and would not have had a revenge upon their Creditors for committing them , had their Tyranny continu'd , for so it really was , and hath ever been , since Athens try'd the Experiment of 30 for one . However in this we will join Issue with them , that the Supreme Power in what hand soever it is , must be Arbitrary , and Vncontrollable ; and this hath been with great reason brought an Argument for Monarchy , as better in one , than many hands , especially according to our Establishment , where , tho' the Prince is Free , his Ministers are liable , and have been frequently call'd to an account for whatever infractions , or violations they made upon the Laws ; an excellent Temperament this , could it have been prosecuted with temper ; but that being a main Desideratum among us , especially in the present case , hath too often turn'd the Remedy into a Disease , to say no more in so nice a Point . But to return to our Editors of this Third Volume , it will be requisite to take notice of those particular Instructions in their Preface , which they think , if not mistaken , may prove serviceable to the World. The first whereof is , That tho' the most violent Animosity and Desire of Revenge had so possess'd the English Court against those who had any part in the Death of Charles I. &c. Whereto I reply , that ▪ t is scarce possible to suppose there should be any Extream in the Prosecution of those who had any part in the Death of Charles I. It was so Horrid so Execrable a Fact as deserves all those Curses of the 109 Psalm , for tho' literally Penn'd upon that unnatural Rebellion of Absolom , and Achitophel , with their Complices ; yet was it prophetically fulfill'd in Judas , and the Jewish Sanhedrim , who betray'd and Crucify'd the Son of God : and may from thence be transferr'd to our Sanhedrim at Westminster , who seem'd studiously to Copy that Hellish Original , and would have done the same by Christ had he stood as much in their way . Neither yet was the English Court so violent as here represented , but quite on the contrary gave frequent checks , by Messages , and otherwise , to those just Resentments both Lords and Commons were often about , who look'd upon themselves as oblig'd both in Honour and Conscience , to make some expiation for that innocent Blood , these Sons of Wickedness had shed like water on every side : and this Ludlow owns , the Lords were inclin'd to revenge their own Order on the Persons of some in the High Court of Justice , and to except one of the Judges for every Lord they had put to Death , p. 34. and if true , as he relates , that a certain Lord diverted it by naming one already dead , it cannot seem strange , considering how far himself was engag'd in the Rebellion : Nevertheless such little temporary Evasions had taken no effect , but that the Court in●erest constantly thwarted whatever look'd like Severity , tho' never so just . From whence likewise the Act of Indempnity was most earnestly press'd , and at length pass'd in so free a manner , as most men of thought foresaw , and foretold , it would have little other effect , than to incourage the like Villainies for the time to come , since after Twenty Years unparallel'd Violations of all things Sacred and Civil , of God and his Church , the King , and his People , their Laws and Liberties , with whatever else tended to the Peace , and Happiness of a Nation , all should be pass'd by and pardon'd , without any exemplary Punishment , more than a Dozen , or Fourteen such hardned Wretches as would not own their Regicidie to be a Crime , or that the Rebellion was not justifiable in the whole course thereof : all the rest of what Sect or Faction soever , by the Magick of the foremention'd Act were transform'd into as honest , faithfull , Loyal Subjects as ever wore Sword , none so fit for business , or worthy to be trusted as they , nay , 't was made actionable to say they had been Rebels ; altho' with Aesop's Cat there were daily discoveries , how much was retain'd of their pristine Nature , and consequently how little they would act to the reputation , or interest of those , so earnest for , and affected with the Metamorphosis . A late Minister of State , in a Neighbour Kingdom , perhaps as great that way as this , or any other age hath produc'd , when dead , left by way of Testament , or Legacy to his Royal Master , several Discourses equally relating to the past and future management of Affairs : Among others , there is one of Rewards and Punishments , upon which Topick he makes it appear , that next God's Blessing , they are the main support of a Monarch , or any other Government whatsoever ; and if so , it need not be further enquired , how , and by what defects , we have continu'd all along in so tottering a condition . I shall not much insist upon Henry VIII's . procedure against the Northern Rebels in his time , because it may be , not without something of truth , term'd Cruelty ; but must observe that his Daughter Queen Elizabeth , who is own'd on most hands , for Wise , and Good , and advis'd by those that were so , upon that little Insurrection of the two Earls , Northumberland and Westmorland , with their Complices , had no less than Seventy Executed , and some Hundreds beside punish'd in Estate , and Family ; by which means she never met the least Disturbance of that kind , the long remaining part of her Reign . But in the present case , it was usual with them to object , and take hold of the King's Declaration from Breda , which as it clear'd him from all designs of Revenge , so they should have further consider'd , that he left all Matters of Punishment , for a free Parliament to resolve what might be most proper in that way ; and was better than his word , to that ungrateful Party , earnestly pressing both Houses , to hasten that too general Amnesty , who otherwise , had not the Royal importunity interpos'd , were very much inclin'd , as aforesaid , to make full expiation for that Rebellion and Bloodshed , for which , upon their default , 't is to be fear'd , Almighty God continues to take his own Satisfaction . In short , as the King of Heaven must be own'd on all hands the best Precedent for any earthly Potentate to imitate , so more especially in acts of Justice , and Mercy , who tho' he abounds in the latter , yet forgives no otherwise than upon Repentance , and Amendment , with some signal instances thereof ; which had it been observ'd in the case before us , might have conduc'd very much , to securing the Nations Peace , and saving the Rebels Souls . But perhaps these Friends of the Author will restrain this desire of Revenge in the English Court , to a design of Assassinating such of the Regicides as had escap'd Abroad , about which they make a very false and insolent Harangue , that they thought the most base , and treacherous ways of compassing their Ends not to be rejected , whereas from his own relation the many attempts design'd upon his precious Life , might in a great measure proceed from the fears of his guilty Mind , for doubtless Cain's curse was upon him to an high degree , otherwise he might have suppos'd Swisserland to be a Receptacle for other Out-Laws , beside him and his Party , and not have suspected , that Du Pre , and Rouz had a design to add their Murther , to what they had already committed , but get a Protection in the same manner with those Royal Murtherers , from their Swiss Excellencies ; and as they were all Foreigners , which he mentions to be at , or hover about Vevay , so he doth not make it appear , in the least , that they had any thing of correspondence with the English Court , much less supply'd with Treasure from thence ; tho' that and the infamy is most impudently charg'd in the Preface . In like manner the countenance they pretended to from the Dutchess of Orleans might be forg'd by them , or him , for they are equally creditable , and 't is not likely , were such a thing design'd , they would imploy instruments , who dar'd not show their heads in France . Neither , till Lisle was cut off , do I find they suspected any thing of that kind , but to be seiz'd upon , and carried over the Lake into Savoy , and so convey'd for Justice into England , as their friends Okey , and the rest were ; for which he inveighs most bitterly against the Dutch , as fearing it might be a leading case to himself . As for that one , the only person , they say , who fell the object of the English Courts fury , neither Ludlow nor his friends do make it any way appear they had encouragement from thence , but did it rather to gain an interest there , wherein too their expectations were much disappointed . To give the true matter of fact it stands thus ; three or four Irish who had been in the French Service , whether Discharg'd , or otherwise desirous to get home , thought to signalize themselves by this bloody Attempt , and find the more welcom reception , which was accordingly accomplish'd , and variously discours'd of here in England when done ; where the most , tho' they detested Lisle , and all his Works , were not satisfy'd with the way of taking him off ; nor car'd to converse with the Persons who did it ; some of their own Country ▪ men seem'd indeed to think otherwise , cry'd it up for an Heroick Act , and never wanting assurance at Court Solicitations , press'd earnestly to have them consider'd , whereby somewhat was done for them , mostly in Military Commands , during the Dutch War , and afterwards as occasion serv'd ; to be sure as they were not put upon their first attempt , so never more imploy'd in any thing of that kind , whatever Ludlow prates of that pitiful Stocking mender Car : One of those Irish may be yet , I am sure was very lately , Living upon his paternal Estate , by virtue of the Limerick Articles , in his own Country . In the mean while commend me to these Prefacers , who can insult so boldly that their Hero liv'd to see that Tyranny brought to the last degree of contempt , which had taken such pains to destroy him ; his Life doubtless according to his own relation must be very uneasie , from the many , whether real , or imaginary fears he continually lay under ; but then it must be the extremity of Vexation , that they who alter'd the Tyranny ( as their Worships are pleas'd to phrase it ) would not let this Monster of a Regicide continue among them , but forc'd him back with as great remorse as the bad Angels fell from on high ; and in all probability hastned his descent unto them . And I fansie 't is with no little regret to these his surviving Friends , that there is any thing of that Tyranny still continu'd among us , for the extirpation whereof they so much applaud their Author . 2. For the next thing they think not unserviceable to the World , is That the Tragical end of the King's Judges , may instruct those who shall in future time appear in Defence of Liberty , &c , where first 't is a bold stroke to call them Judges , Murderers had been properer , but not so agreeable to the concern they seem all along to express for their miscarriage , and the hopes they have of its being undertaken again with wiser management , and consequently better success . Whereas I dare confidently averr , that as the Nation may be so far infatuated to let such Pretenders to Liberty once more act their Parts , so in conclusion they will undoubtedly bring them to the like Tragical end . 3. A further Lesson we are to learn of these Commonwealth Sages , is from the Cromwellian Tyranny , ( which nevertheless carries with it an underhand stroak at Monarchy in general ) that Liberty , and a mercenary Standing Army are incompatible , and really I think so too , and yet withall am very much afraid , as their Wisdoms have manag'd Matters , no Liberty can be preserv'd without one : For as Aristotle observes in reference to his precedent times , That the first Common-wealth among the Greeks was made by the Soldiers after the failing of Monarchy : So upon an impartial Retrospection into the Transactions of the Northern Parts of Europe these two last Centuries , it will appear that Commonwealthism , and Standing Armies began together , and occasion'd one the other ; for when the People were put upon Rebelling for Religion , pretended Liberty of Conscience to Controul the Magistrates just Rights , carrying allthings by a Mob Reformation ; that Christian Simplicity , and Reverential Obedience , by which our forefathers had been taught submit not only for Wrath , but Conscience sake , was altogether Superseded , and the Civil Power oblig'd to arm its self against this Spiritual V ; surpation , which made every Consistory a Conclave , a Commonwealth of Popes , who perswaded their Votaries , that to rebell against their Prince , was to fight the Lord's Battle , and that the appointed time was now come for bringing into Subjection all the Kingdoms of Darkness ; the Sword being now drawn , upon this contradictory account to promote the Gospel of Peace , according to the usual event of War , met with different Success , in some places the People prevail'd , and thereupon Voted themselves a Free State : in others the Prince , and made the People sensible he beareth not the Sword in vain : tho' it often happen'd that growing weary on either side , they breath'd in a Truce or Peace , till the one or other found a more convenient opportunity to revive the Quarrel . Thus it was in France ; thus in the Netherlands , and several Parts of Germany ; and thus at last it came to be in England : Now of all these different Successes , I find each of them centre in this one fatal Event ; they that became a Free State are forc'd to keep a Standing Army , to maintain their imaginary Liberty , and the People , tax'd and poll'd , ten times more than before , in order thereunto , and where the Prince prevail'd , he is likewise forc'd upon a Guard to prevent his Libertine Subjects from running into their former Lunacies , and cannot be blam'd for making them bear the Charge . And where there was Cessations , or Treaties , the Soveraign Power , what with art , and force , is become more Absolute than ever , and repays , with denying all Liberty , their at first unreasonable demands of too much . And now , to come home to our selves , as this Spiritual freak began last among us , so cannot the wisest of men foresee , where , or when it will end , a good one none can expect ; which too must render us the more stupidly senseless , for that we ran wilfully upon the same Rock , many of our Neighbours had Shipwrack'd on before our eyes ; made the like noise about Religion , Liberty , Conscience , &c. till the Mob was rais'd to force away the King , and then an Army rais'd to bring him back , which Army having after a bloody Contest , ruin'd the King , and all his Loyal Adherents , fell upon their Masters , turn'd out the Presbyterian to gratifie the Independent , and turn'd out the Independent , to gratifie their General ; by which means that cunning toty-nos'd fellow set up his Tyranny indeed , and made them all sneak to it most Submissively . Now from these Premisses it clearly appears , that as our Commonwealth Reformers rais'd the Army , so the Army rid the Commonwealth , which they have never fail'd to do at all times , and will continue the like course for the future , let them take what care they can . For these our Prefacers discover themselves to be but Owl-ey'd Judges of Light , to say , 'T is as clear as the Sun at Noon day that the Parliament by neglecting to put a Period to the exorbitant Greatness of Oliver Cromwell immediately after the Battle at Worcester , drew Destruction upon themselves and the whole Commonwealth , &c. Cromwell ▪ and his Creatures , wherewith he had fill'd the Army , was long before to them as the Tartar to the Scotchman , would neither go as they would have him , nor let them go but as he pleas'd , altho' that last was a finishing stroke . But suppose the Army had been Disbanded , that little Nest of Cockatrices , would have been as much in danger from several other hands ; the Cavalier Party , tho' kept desperately down , was not in any manner dis-spirited ; and the main Body of the Nation was so exasperated at their insolent carriage , and abominable Exactions , besides the contempt they had of their Number , Persons , and Manners , that not one single Order of theirs would have been obey'd , without a Company of Janizaries to inforce it ; nor they permitted to sit three days , or walk the Streets with respect and security , as at last it happen'd ; for the Nation , no longer able to bear their Insolencies and Tyranny , dispatch'd them and then the Army ; and a happy Riddance it was of both . After all therefore , upon a Prospect of the whole , these unweildy Projectors have brought the Nation into so many odd Dilemma's as a Standing Army among us , is like to be as the Mathematici , Astrologers , or Figure-flingers with the Romans , Genus hominum quod semper vetabitur , & semper retinebitur ; if we have a Common-wealth they must have an Army to support them , ruin the Church , crush the Nobility , keep down the Gentry , with what else they please when they once get the Power : and if we have a Monarchy there must be somewhat of an Army , by way of Security from the continu'd Underminings of such unquiet Spirits as understand nothing of true Government , yet think it cannot be well unless in their hands , according to their maggotty fancies , and humorsome Capricio's ; this , I say , is the condition their Wisdoms have brought us into ; an Army we can hardly be without , and yet how faithfull that Army will be to any but themselves , that is their continuance , and perpetuity , we have more than once seen , on each side , and are in a likely way to see more than once again . This Monstrous Tyranny of Cromwell's Vsurpation is represented with one further aggravation of his Basha's under the name of Majors General , which were indeed sufficiently Grievous , tho' a just return upon such as had groul'd and clamour'd at the mildest administration of their Rightful Prince's undoubted Prerogative ; yet after all 't is a Clodius Moechos for the Commonwealth Party to charge Cromwell with that , or any other such barbarous Impositions , since he did but transcribe the Copy they had set him ; particularly his Majors General were but a single Person to their Committees , and nothing nigh so insolent as that underhand Commonwealth of Basha's , plac'd by them in all Counties throughout the Kingdom , to Sequester every man's Estate , and Imprison his Person , whom they suspected to dislike their Proceedings , or uneasie to pay their most intolerable Exactions . Take one Specimen thereof from that Hogon-Mogon Committee at Goldsmiths-Hall , from this following Order , THese are to give you notice , That by virtue of an Ordinance of the 27th . of October last , you are Assessed to lend the Summ of Fifty Pounds of lawful English Money , to be Paid for our Brethren of Scotland , for their assisting of us in this War ; and that you are forthwith to pay the same , to Mr. Waring , and Mr. Herring , Treasurers at Goldsmiths-Hall , according to the said Ordinance ; and that if you shall fail to pay the same , within 8 days after the Date of this Ticket , you shall forfeit for every day , after the 8 days , the Twentieth Part of the Summ so Sessed , and shall likewise pay 2 s. in every Pound over and above to the Collectors that are appointed to Levy the same , if you shall suffer your self to be distrain'd . Dated this 7th . day of May , 1644. John Prat , Clerk to the Committee . To Mr. John Sadler , of the Parish of Stephen Walbrook . Was there ever any thing so Arbitrary and imposing upon a Free People , and too by a Set of Men who had the Impudence with the same Breath , to hold the People in hand they stood up for their Freedom ? yet of such Committees , as there were several in London , so did they proceed to Establish them in the Associated Counties , and with the cursed prevalence of their Power the whole Kingdom thorough , where every honest , loyal Gentleman was forc'd to appear a Delinquent , and be us'd at pleasure , as you see in the foremention'd Order . And this I cannot but further Observe as an unreasonable and most wilfull Partiality , in our Prefacers , and indeed all their Adherents , that every thing from a Single Person , is right down Tyranny , and what all people who regard their Liberty may stand up against , and justly defend themselves from ; but these Commonwealth Scorpions must not be complain'd of , tho' their little fingers were all along thicker than the others Loins , every Ordinance from them as Absolve , and as severely Executed as the Grand Seignior's Bow-string . What they further add , that Cromwell's , and his Basha's Tyranny compelled the People to suffer the return of Charles II. is altogether false , for tho' they were not pleas'd in the least with his many perfidious Enterprizes , which were all unmask'd in assuming the Supreme Power ; yet was it thought easier , than the fordid Impositions of the fag end , the worst part of a Parliament , which had done so much Mischief to the Nation , and from whose many Corruptions that glaring Meteor arose , with so fatal an Aspect in our Horizon . Besides , he manag'd his Vsurpation with so much Art , and Treachery , as there was little hopes of the King's return during his Life , tho' frequent Plots about it , and some worthy Loyal Gentle-Men cut off upon that account ; indeed the Plots were thought most of his making , the Common Stratagem of all usurp'd Powers . But when he was gone to his proper place , and his Sons half-witted management , made way for the Rump's once more treading the Stage ; the Sun's approach is not more certainly expected in the Spring , than every one seem'd to be of our Old Establishments , that Legal Monarchy , and Rightful Succession , which with so much Madness , and Folly , such a prodigious expence of Blood , and Treasure , had by several violent Factions been 20 Years oppos'd , and it happen'd accordingly , notwithstanding the divided Parties endeavour'd a Coalition , and otherwise most indefatigably apply'd their last efforts to save themselves from the Gallows , which their own Consciences could inform them how justly deserv'd , and 't is a thousand pities , they were more afraid , than hurt . The last Inference these Friends of the Author thought fit to raise , is as groundless , and false , as any of the former , charging Charles II. of Ingratitude to the Presbyterians , who had so well deserv'd of him , by betraying all into his hands , &c. whereas they never deserv'd well of him ; nor did him any good they could prevent . 1. They never deserv'd well from him , but on the contrary , were the original Promoters , and chief Managers , for the Six first Years , of all our National Miseries and Confusions : 't was from their inducement the Scots began to disturb the happy Quiet and Repose both Kingdoms were in ; lay'd the Ground-work of our Rebellion by theirs , paid them for it in a most profuse manner , and thereby engag'd them to assist at a dead lift ; which wholly unking'd their Sovereign , and made him become a prey to the Avarice of the one , and Arrogance of the other , which too shamefully appear'd by their insolent Rudeness , and scandalous Restraint at Holmby ; and how far further they would have proceeded , had not the Army taken him out of their hands , may be well suppos'd from the continu'd course of that stubborn Crew ; for tho' ( their Janizaries having given them an Essay what they must expect , by Excluding the most leading Members , and threatening the rest ) a Treaty , was condescended to in the Isle of Wight , yet were the Preliminaries so Innovating , and Dethroning , so destructive to all Fundamentals in Church , and State ; and therein so grating upon His Majesty's Honour , and Conscience , that he thought Death more eligible than such unreasonable Concessions ; which too their Dilatory Proceedings , till the Army had suppress'd the last Efforts of Loyalty , to rescue their Sovereign , very much conduc'd to , and might by a just , and Honourable compliance , have otherwise prevented . This no man can deny to be a true , tho' brief account of the Old King's treatment from that haughty , self-will'd Set of Men. And that they would have been as imposing upon his Son , could they have carried matters according to their own Minds , is as little to be doubted , whatever these men prate of betraying all into his hands . The Comedian representing the Beggars at the choice of their King , ( for it seems that Kingdom is Elective , and such are always beggarly , or thereby made so ) when voted , brings in one of his ragged retinue , haranguing him , among others , with this Expression , Now thou art King , who would not have thee so ; which was constantly apply'd by the old Cavalier Party , to those empty Shews of Respect , and hollow Acclamations of Praise , wherewith they who forc'd , and kept him out , were most clamorous at his Restauration ; would have none thought so loyal , faithfull , and true as themselves : Among the rest , the Presbyterian , indeed was most assuming , for having the twelve years last past been kept , with very great regret , from doing any considerable Mischief , by those viperous Sects which crawl'd forth of their own Bowels ; and upon this account , out of Revenge rather than any good Principle , held a correspondence with the King , and his Adherents in Exile ; at the Restauration step'd before all the Loyal Sufferers which had constantly adher'd to the true interest of Church and Crown , highly advanc'd in Honour , Place , and Profit ; so that quite contrary to these Prefacers impertinent Suggestions , instead of the Presbyterians betraying all into the King's hands , he betray'd himself and his Cause into theirs , and as soon as opportunity serv'd , they made several attempts to use him accordingly , but the People were grown too much Libertines for their Rigours , and the Monarchy was not so soon to have their Covenant Shackels forc'd upon it , although they indeavoured most earnestly at the Restauration to have it upon the Isle of Wight Articles , which their Cloak-men incessantly bellow'd for , and their chiefs underhand strenuously indeavour'd the same ; among others , this Passage is a clear Proof ; the hot Lord Hollis , from the beginning a most violent Biggot in that Cause , would , to his dying day , among his Confidents , with great earnestness of Passion , call Monk that Rogue , because giving him and his Party a meeting at the Earl of Northumberland's , he promis'd to bring in the King upon the Isle of Wight terms , and basely fail'd them : Now as I believe on the one hand he never intended to gratify them , if such a Promise was made , so could he not , tho' really intended , have brought it about ; for whatever his design was at first , and his close deportment conduc'd not a little to what he accomplish'd , the incessant Petitions he met with from every corner of the Kingdom for a Free Parliament gave him full information , how the Nations Pulse beat , and what alone would satisfie them , that is without regarding Parties , and Factions , to be as we were before fallen in pieces ; and therefore to set the Saddle upon the right Horse , the pretended Severity these Men charge the King withall , was really in the Parliament , the Majority whereof were a Set of as worthy understanding Gentlemen as ever assembled upon that account , who resolv'd to go upon the old Principle , to re-establish the Nation upon those well-pois'd , long experienc'd Constitutions which faction and folly had so fatally perverted : 't was they were uneasie at so general an Indemnity , thinking such as had been accustomed so long in Mischief , could not leave off playing the old game , without some further Security ; 't was they press'd , and brought on the Act of Vniformity , how little to the Satisfaction of a too prevalent Party at Court , appear'd in that the Winter following an attempt was made to Supersede it by a Toleration : In fine , whatever the Good old King would have had from a Parliament , during his Reign to make us the happiest People upon Earth , this would have most readily establish'd ; but the Papist , and Presbyterian rendred all Abortive . Thus have I run over and made some Remarks upon such Instructions as our Prefacers thought fit to observe from this third Volume ; not but they grant it doth afford many other more useful Reflections , which is the truest word hath come from them , and therefore having their leave , or at least acknowledgment , I shall presume to cull out two or three , perhaps as serviceable to this World of ours , as any we have had from them . 1. The Fanatick , the Commonwealth Party , were never without some Plot or other , both at home and abroad against the Ancient Establish'd Government , this Monarchy , this Tyranny of ours , as upon all occasions they term it , since the Restauration . And this I fansie hath discover'd a very blind side in the Author's Friends to make so Publick a Declaration , of what hitherto was kept a Secret : for till now all Plots were laid at the Papists door , they alone must be thought the continu'd Underminers of our Peace and Welfare , and accordingly we have had several Prosecutions against them , ay , and Executions too , upon the Evidence and Oaths of such profligate Wretches , as ought not to have pass'd for the hanging a Dog : but such a thing as a Protestant Plot , was not to be thought of among the holy Brotherhood , and Godly Party ; they Diffented indeed as to Forms of Religious Worship , and tho' a King in our Israel , must have Liberty to do what seemeth right in their own eyes , and this is the utmost of their demand , a little Schism they must have , but for Sedition , being dissatisfy'd with the Government , giving any disturbance to the Civil Power , was never admitted into their thoughts , they were as innocent , as free from that , as so many two year old Devils : and tho' the ▪ Assassination at the Rye was own'd by the very Partisans engag'd , and their many Consults in order to other Disturbances fully made appear , yet not taking effect , must not be believ'd , such good People cannot be suspected of any mischievous Design , unless accomplish'd , and then 't is God's cause and their glory : whereas this Author is very frank , and deals plainly in the matter ; for tho' he had not fix'd his correspondence in Sixty One , and will scarce credit that for which Overton , Desborough , &c. were secur'd , because his Excellency was not consulted in the Matter . Neither doth he mention what Blood told him was design'd in Ireland , because that Fellow's reaching head discover'd how little he had of what his Party cry'd him up for ; altho' it was about that time he tells , p. 118. Vpon the Prodigality of the English Court , &c. his Friends in all parts began to entertain hopes , that they might again be imploy'd to rescue their Country from Servitude . In which posture of Affairs , Col. Algernon Sidney , who since Monk acted his treacherous part , had resided at Rome , and other parts of Italy , thought convenient to draw nearer home , that if opportunity offer'd , he might not be wanting to his Duty and Publick Service ; a very commendable Duty , and laudable Service to embroil his Country in continu'd Confusions , which till brought to the Block , we find this Colonel incessantly engag'd in , and very earnest with Ludlow to set forward with him , and put to his helping hand : especially upon the first Dutch War , when his Generalship was accosted on every side , and by every Party , French , Dutch , the Devil and all : then it was the foremention'd Person of Honour press'd him to declare his concurrence , p. 165. and his Brother Regicide Say , tells him from Amsterdam , The ruin of the present Government in England is certainly intended , and that he had cause to believe would be effected , p. 168. for that a considerable number in England , Scotland , and Ireland , will appear for us , &c. Afterward De Witt , and Newport courted him at an high degree ; and his Friend Sidney invited him to meet at Basle , that they might go together to Paris , the better to carry on the Vndertaking : Say and Brisco , add moreover , that if he will resolve to come , all the Exiles would accompany him , otherwise not a man stir , p. 188. That great obstacle likewise of his three Friends , Okey , &c. was set in a true light , not so foul as represented ; with full assurance to his Worthy self , and Party , of an Honourable Reception , and secure abode with them . Notwithstanding all which fair Proffers , this cunning old Fox would not stir out of his Swiss Den ; and had reason , for tho' we grant his Brutish Courage fear'd a Sword as little as his Fellows , yet a Gibbet he could not digest : And further to recommend his Prudence , in this his cautious deportment , he tells us , as the War was ended without the least advantage to his Friends , or Cause ; so he foresaw it all along , that the Dutch were a mercenary People , and having secured their Trade , and other Advantages , made a Peace , so far from doing them any good , as on the contrary they promis'd to deliver up those call'd Regicides into the hands of the King's Ministers ; and deal with all Persons , who should be declared Fugitives , or Rebels , in the same manner . A sad Disappointment this : may such ever attend them . 2. My next observation is an Appendix of very nigh affinity to the former , viz. That men of Fanatick Commonwealth Principles , will never live quietly under any Monarchy whatsoever ; let it be of God , or Men , nay , from their very selves , 't is all one , they will submit no longer than needs must , and be very uneasie whilst compell'd thereto ; of all which the foremention'd Characters , as well as Practices , which Ludlow and his Prefacers bestows upon it , are an abundant confirmation , for they vouchfafe it no other appellation than Tyranny , perfect Tyranny , in the harshest sence the word is now taken , and that which all Free People ought to extirpate with the utmost abhorrency , and detestation : directly according with what I have already mention'd of their admired Sidney's Maxim , that the People are sole Judges of their Superiors actions ; and foreseeing a very weighty Objection to lie in the way , such a course would make the Remedy worse than the Disease , give occasion of continual Tumults and Civil Wars ; he very slightly replies , Civil War , in Machiavel's account , is a Disease , Tyranny the Death of a State. Some other Authorities might have pass'd better than Machiavel's , but for want of better , his must serve the turn ; had that unhappy Gentleman consider'd his fate , it might have prevented his own , which tho' for nothing else , this dangerous Position most justly deserves : that any man of sence should say Civil War is but a Disease ! can any thing be more Mortal to a State ? have not all Tyrannies commenc'd from thence ? with unavoidable Oppression , and Slavery to whatever People fall under that worst of curses : yet how far our Publishers have taken this infection , appears in that they presume so boldly to use the same Epithet , Tyranny , all is Tyranny with them , tho' never more was known , than from the no Conduct of such rash unexperienc'd Phaetons ; and therefore to disswade them from any future attempts , 't is my desire they would transferr that Admonition , in their Close given the Presbyterians , and apply it to themselves ( since altogether as agreeable ) A Revenge taken against those who will not let us possess all , is a slender Satisfaction for the hazard of utter Ruine . 3. There is but one thing more I will return upon these Critical Observers , and that shall relate to their admired Author himself , how they can justifie that Ostentation , and Applause , he so fulsomly assumes in every the most trivial undertaking : the First Volume , is more than one half stuff'd with such Vain-glorious Rhodamontades . His defence of Warder Castle fills more Paper , than Sir Vere's Relation of the famous Ostend Siege ; when he was only block'd up to prevent his , and his fellow Rebels plundering the Loyal Gentlemen in the Neighbourhood ; and could the King , who , good man , was ill furnish'd that way , and had greater occasion for them elsewhere , have spared two or three large Battering-Pieces it would have been beaten about their Ears in as few Hours ; for want of which they were starv'd into a Surrender : In like manner when Prisoner , how vainly doth he relate the many importunities to forsake his Party , and upon his resolving to continue Rebel , what valuable Persons were proffer'd in Exchange , as if the fortune of either Side had depended upon this great Almanzor's abetment ; when in truth , tho' that cursed turn rais'd so much dust as choak'd the whole Kingdom , yet his part in it was no more than Aesop's Fly , he did what Mischief he could , but his Vaunts far excell his Performances . Neither was he valuable for any thing more in their Civil Transactions than a grough positive humor , resolutely bent upon whatever his own will suggested , of which unmanageable disposition he gave an early Specimen that little while he was at Trinity-College Oxon , where the then President kept a strict Discipline , and would frequently Moderate at the young Students Disputations himself : It happen'd upon a time this Positive Sir was engag'd in an Argument about their Species Intentionales and Reales , or some such like Topick , for he confidently affirm'd something to be Real , which was very far from it , the good Dr. endeavour'd to convince him by this following instance , The Fox wagging his Tail , and seeing its Shadow upon the Wall , said it was an Horn , was that an Horn , quoth he to Ludlow ? Yes it was a Horn , a real Horn. Wherein he so pertinaciously persisted , as the Old man fell into a little Passion , and put an end to that debate , with this resolve , Well if it be a Horn , then Toot it , you fool you : How it was express'd in Latin was not related ; but I had the Passage from a Right Reverend Person , of great Eminency , who sometime after was in the same Presidentship , and upon a general Discourse of Fanatick Obstinacy , gave this particular instance how naturally some mens Dispositions lead them thereto . For at the same contradicting rate he went on in the whole course of his Life ; and tho' as heavy as Lead , yet as stiff as Iron , would bend to none , but break all other mens Measures , both good and bad , that did not come up to his Levelling Projects , ( for that was his common Epithet , Ludlow the Leveller ) with two or three such Whimsical Nostrums of his , as destructive to Humane Society as crude Mercury to the Natural body . With the like Arrogant fondness he relates how earnest they were to compliment him into the Lieutenant-Generalship of Ireland ; whereas had not Pride and Pertinacy altogether blinded his vain mind , half an eye might have discover'd there was no consideration of his Abilities in the Proposal , but a trick of Cromwell's to remove him out of the way , that the dark Designs he had in agitation here might receive no obstruction from such an unweildy fellow , as might force him upon more Severity than was requisite in the infancy of his Usurpation . And this surther appears upon Ireton's Death , for he being next in Command , should have in course come into the Chief , whereas his name was never so much as thrown up among them , but first Lambert was propounded , and then Fleetwood top'd upon him , as most proper to keep him under , when his new Father-in Law should top them all , and civilly detain him from coming home , that he might not be as insolent to the Vsurper , as he had been to his natural Sovereign . We are now to follow him into Swisserland , where he highly applauds the Reception they met with , neither indeed could all Europe have afforded them a properer Place , the Devil and Collier , not being more alike , than these Guests , and their Entertainers : yet the Character he gives them of the Illustrious , High and Mighty Sovereigns , and most Honoured Lords , their Excellencies of Bern , would make one think them the most August Assembly ever sat at the Helm of any Government , the Roman Senate was nothing to them ; whereas in truth never such a Company of Clodpated Clowns assum'd the title of Magistrates ; but since agreeable both to Place , and People , they pass for tolerable there , whom a more civiliz'd Nation would by no means endure ; at their first defection from the House of Austria , as they had but few Gentry among them , and fewer engag'd with them , so they made an Order that none should be admitted into their new Establish'd Government ; and their Plebeianships have ever since proceeded accordingly , without regard to Honor , Integrity or Good Manners : as their Strong Bodies , and hardy Constitutions qualifie them for War , so their necessitous condition engage them to Lease-out their Lives to that bloody trade , upon which account likewise they too often prostituted both Souls , and Consciences , in most perfidious violations of whatever Engagements they entred into , as the French , Spaniard , and Milanese successively experienc'd : one of these did since six them , tho' at a dear rate , upon their first Stipulation , but is now upon better terms ; and may by degrees prescribe to them according to their own measures . This Composition of Rocks and Cataracts , was the Asylum of our Regicides , and properly enough , as already said , for that both the Climate was most agreeable to their rough , severe Dispositions , and the Government , the first Commonwealth Rebels , as well Temporal , as Ecclesiastick , of these later Ages . Nevertheless had our King been in any measure so sollicitous to apprehend , or disturb him , and his Fellows , as they would hold the World in hand , it might have been easily done . 'T is own'd how much Geneva suspected their Power of Protection , if demanded , p. 104. and tho' Mr. Humelius one of the Bern Ministers , ( who with the English Tongue , had got the Fanatick Taint ) engag'd some in the Government to stand their Friends ; yet had our King , assisted by his Brother of France's Recommendation , press'd earnestly to have them deliver'd up to Justice , 't is probable they would have given them notice to slip away , the utmost kindness they could have shown : Out-Laws , and that for King-killing may find some private , but no publick Abettors , and whatever Government doth so , ought to be adjudg'd a Common Enemy by all Monarchs in the World. SECT . II. MY next Province is to give the true Character of those Execrable Regicides whom Ludlow , and his Publishers , endeavour with so much art and daubing otherwise to represent ; for the little account they give of the Revolution doth not concern me , and is withall so mean and trivial , so deeply ting'd with the partiality and prejudice of a violent Faction , as it looks more like an Invective than History , taking every occasion to lash at those of his old Acquaintance , who not having so deeply engag'd , were not oblig'd so cursedly to persevere ; and inveighs against the King and Court , as if still on th' other side the Water ; tho' it appear'd otherwise from his own Confession , for finding how unsafe it was to stay longer in England , he scamper'd away as well as he could , and much applauds his own Conduct in the retreat , pass'd incognito through France , and arriv'd at that grand Sanctuary of Sedition and Schism , Geneva ; where his first Letters from home inform'd him , how ten of his Brother Regicides being accus'd of having in their several Stations contributed to the Death of the King , had been Condemned , and Executed , p. 59. The Reflections he makes as to the Tryals being put off , till the new Sheriffs came on , is meer cavil , for had Love the old Sheriff , been never so factious and obstinate , and return'd a Jury all of the same Kidney , the Matter of Fact was so apparent , and foul , as they must have found them guilty , or come under the same Praemunire : But so great a concern as that , necessarily required an extraordinary Commission , and the many weighty affairs upon resetling a Nation so long in such a Chaos of Confusion , would not permit their Tryals to come on sooner , perhaps not so soon , but for the approaching Term. He continues to carry on his Cavils against the Commissioners , at some because they had been engag'd in the Rebellion with them , at others because they adher'd to the King against it , so that 't is not possible to please them unless permitted to judge in their own Cause , or have it post-pon'd , as the Welshman desir'd , till the last Day , whereas upon the whole , there was never known a Commission of more able understanding Persons , both for Law and Parts , than sat upon that sad occasion , nor any Tryal manag'd with more temper , patience , and all other kinds of fair carriage towards the Prisoners , as the worthy Sir William Wyld then Recorder of London told them , they forgat their barbarousness to the good King , they would not hear him , nor his just Allegations , who shuffled now with all the dilatory impertinencies imaginable , and the Court with an unwearied compliance let them go on : And for this Author , or rather his Friends , to publish the quite contrary nigh Forty Years after , is the heighth of baseness , and by way of Penance , might I prescribe it , they should be oblig'd to Reprint , for 't is very scarce , The Tryal of the Regicides , that the Truth , the whole Truth , and nothing but the Truth may appear , and moreover all the Party oblig'd to read it too , which I fansie would be very uneasie , the Alchoran would down with them ten times better . Yet this must be own'd , Ludlow had certainly read those Tryals , for the account he gives of his Friends , what they said by way of Defence , or Extenuation , is taken almost verbatim from thence , without the least notice of what was Rejoin'd upon them , either by Court or Councel , as to matter of Fact , or Law. Is such a man fit to write an History ? inform Posterity of the truth of things ? or his Publishers men of Reputation and Integrity , to impose such things upon the World ? The first he gives us an account of in this Martyrology of Hell is his friend Harrison ; concerning whom , because nothing is mention'd of his Parentage , and Education , as he constantly doth , when worth taking notice of ; the World may know he was a Butcher's Son of Newcastle Vnderline Staffordshire , plac'd Clerk to an Attorny in Clifford's Inn , and when out of his time became a kind of Pettifogger in that way of Practice , and was infamous enough for it , which might occasion him , when the War brake out , to exchange his Pen for the Sword ; yet in this neither did he make any considerable advance till the Self-denying Ordinance open'd the way for such Mechanick Reformers , when likewise , tho' perhaps stout enough , he was more beholding to his Confidence , than Courage , for having a Tongue well hung , the effect of his pettifogging Profession , by his Enthusiastical Preaching , and great pretences to Piety , he became admir'd by the Army , and advanc'd by Cromwell to a Major-General ; being one of his chiefest Confidents , and accordingly made use of by him , to break the Presbyterian Junto , convey the King from Hurst-Castle to St. James's , in order to his Murder , wherein he acted according to his descent , with more than a Butcher's Cruelty . This is Ludlow's Hero , who when brought to the Bar , did not sneak like Sir Hardress Waller , but pleaded Not Guilty , and justify'd the Sentence pass'd upon the King , and the Authority of those who had Commission'd him to act as one of his Judges , p. 61. and so continues his Cants , and Flourishes , impudently owning what he saw evidently prov'd , alledging that it was done by Authority of Parliament , and could not be question'd in any inferiour Court , which being a point of Law , he desir'd Councel might be assign'd on that head , but the Court over-rul'd it . Thus far Ludlow , as to their Pleadings , and no further mentioning ( according to his base partiality already observ'd ) what the Court so fully reply'd to every branch of their Allegations , both as to the reason of the thing , and matter of Law. Now since this weak , and slender thred , was the sole strength the whole Set of Regicides had to hang upon , till they came to the Rope , I shall here once for all give an account of what the Court reply'd to that Subterfuge of theirs , so full and clear , that had the Publishers consulted the reputation of their Party , they would never have given occasion of its coming afresh under debate . To that request of having Councel assign'd to justifie the Authority by which they acted , 't was thought a piece of new Treason to demand it , for that their pretended Parliament was so far from being so , that it consisted not of more than the eighth part of a House of Commons , pack'd together by those very Persons now arraign'd , the better to gloss over , and carry on their Traiterous Designs : Upon which account it was further declar'd , That the King and Lords cannot do any thing without the Commons ; nor the King and Commons without the Lords ; nor Lords and Commons without the King ; and for the Prisoner to excuse , nay , justifie himself , upon pretence of being impowered , by one house , nay the eighth part of an house , to condemn their King , whom no Authority upon earth can call in Question , and without whom both Houses together cannot take away the meanest Subjects Life , deserves not only reproof but Sentence , without going any further . This Point of Law Ludlow takes no notice of , altho' it 's a most reasonable return to every one of their Pleas , for they all harp'd upon the same string . The Military men , no Members , would have been excus'd , for that , according to their Profession , Superiors Orders were to be obey'd without dispute ; as indeed they were fairly bringing the whole Nation to Military-Law . Such as were Members insisted upon looking back to the Declarations and Remonstrances , from 41 forward , which was indeed a just , tho' spiteful Reflection upon the Presbyterian Party for Vnkinging his Majesty , but could not in the least justifie their Vnheading him , and the others not going along with them so far , thought it might extenuate their going so far as they did , tho' doubtless it was Rebellion from the beginning , however in those Healing times , as the term went , they were rather for skinning , than searching the Wound too far , whereby notwithstanding the Cure was never the better ; to be sure their Plea was altogether frivolous , and as the Court told Carew , tended not only to justifie the action , but to cast a ball of Division among those that were present ; and further added to Scot , That to expatiate in the manner he was going , tended to making a New Government , ( which is the highest Treason next to Murdering the King in the World ) subvert the Laws , and affirm a few of the Commons , nay , if they had been whole , the Legislative Power of the Kingdom . Another general Observation to be made , because in common to them all , is the Principle upon which they acted , the Light within them , the cursed Enthusiasm of their Rebel hearts ; So Harrison declar'd , he followed not his own judgment , what he did , he did as out of Conscience to the Lord , from whence he received rather assurances than otherwise . And Carew likewise , what he did was in the fear of the Lord , and Obedience to his holy and Righteous Law. And so most of the rest went on in the same Cant , whereby all the Laws of God , and Man , must be superseded , as Sir O. B. told them , to their obdurate hard'ned hearts , and seared Consciences . To begin with the Laws of the Land , they being so directly contrary to this Bloody unprecedented Fact , there was a never heard of way of Process found out , in the name of the People , for which they were beholding to Parsons the Jesuit's pestilent Discourse of the Succession of the Crown , penn'd to stir up Sedition in Queen Elizabeth 's time , or at her death to prevent King James 's quiet Establishment in the Throne ; But failing then it serv'd the turn of these Jesuited Fanaticks most cursedly , and to that purpose was Reprinted in 48. with a different Title , but otherwise very little difference , and gave the Subject Matter to that Impudent Charge against the King , with Bradshaw's as insolent Enlargements , and Replies , to his most Reasonable and Legal Allegations . 'T is nevertheless probable the whole Pack of Bloodhounds knew not from whence the notions were taken , and who first started them , but such only as laid the Design , and loo'd on the rest ; Nay , some thought that Bradshaw and Cook , tho' they only appear'd upon the Stage , as to the Law Pageantry , yet were no more than Properties to Ol. St. Johns , who stood behind the Curtain , and was chief Assistant to Cousin Cromwell in all that cursed contrivance . To be sure this Trial once set in motion , all the foremention'd Curs took the scent , and ran away with it most furiously , and 't is probable some of them thought they did God and the Nation as good Service as the Scribes and Pharisees when they Crucify'd our Saviour . Thus Carew excepted against that Form of the Inditement , which said , he had not the fear of God before his Eyes , but was mov'd by the Devil , with a Traiterous malitious heart , &c. whereas he could say in the presence of the Lord it was done in his fear , &c. and Harrison Cants most profoundly of his feeling the Terrors of the presence of the Lord , that was with his Servant in those days , ( and however it seem'd good to him to suffer this turn at present ) he believ'd e're long it would be made known from heaven , there was more of God in it than men were aware of . At which blasphemous rate , all the rest , more or less , went on , to charge heaven with their infernal Deeds ; so that since that of the Jews , there is no Record extant of such a Body of Men so Hellishly possess'd ; which I shall have occasion further on to take notice of more particularly . There is one thing more I presume it may not be improper to acquaint the Reader , among the former Informations ; that however the Government took care , that their Tryals should be taken in short hand , and faithfully Printed ; no such thing was done at their Execution , perhaps scarce thought possible for the Throng ; or otherwise that so much impertinent babble , and Spiritual Nonsence , nay many times Blasphemy , was not to be taken notice of , since the last time they would trouble the World in that kind . This defect the Brotherhood supply'd by Printing The Speeches and Prayers of some of the late King's Judges , viz. &c. together with several Occasional Speeches and Passages in their Imprisonment , &c. and altho' they assure the Reader of great Veracity in the whole performance , yet many times in relating what they Spake , or Pray'd , 't is usher'd in with that common Salvo , to this effect ; and whoever will have patience to read over what is there related of , or by them , cannot imagine how any one , unless truly Inspir'd , not a Fanatick Pretender , whose Memories generally are as weak as their judgments , should carry off , such abominable Presumptions , and Religious Delusions , wherewith every one of them , according to that account , were undoubtedly possess'd ; None of the Primitive Martyrs left the World with so much Assurance , and Self-justification as these Wretches ; they doubted no more of Heaven , than the Executioner of their Cloaths , tho' they had as little reason to hope for it as Judas , dying with less Remorse , and Recognitions of their abominable Impieties ; never considering what others take for sound Doctrine , that tho' their Consciences accus'd them not , yet were they not thereby Justify'd , since there is one greater than their Consciences , and knoweth all things ; but what hath been in all Ages observ'd as to the ill management of Temporal Affairs , may be here apply'd in a spiritual sence , Quos vult perdere Deus , prius dementat . This Fanatick Legend of the Regicides , with the foremention'd Tryals , one of which proves them the most impudent Traytors ever subverted Government ; the other the most desperate Enthusiasts ever abus'd Religion , are so cull'd and falsify'd by this our Author , as to perswade the World they were true Patriots , and great Saints ; with how little reason I shall make appear by a particular Survey of his Characters ; and with the greater Brevity , because these general Remarks , have gone very far therein . To return therefore to Harrison , from whom we digress'd , who , as our Author tells us , justify'd the Sentence pass'd upon the King , and the Authority of those who had Commission'd him to act , &c. the Court might have order'd an hasty Verdict , and pronounc'd as quick a Sentence , as he falsely suggests ; but they with unaccountable temper attended all his insolent Evasions , and impudent Demands of Councel , &c. and would he have attended to any thing of Law or Reason , must have been satisfy'd with their Over-ruling his Demands . He trifled as much as contains between 3 and 4 Pages in a large Quarto of their Tryals , before he would plead Guilty , or Not Guilty , till finding he would be entred Mute , the same with Judgment , he cry'd , Not Guilty : and for how he would be try'd it must be according to the Law of the Lord , that of God and his Country being , as he said , vain words , which nevertheless he was forc'd to come to ; which was the more foolish , and humorsome in him , for that being brought up in the Law , he could not but understand , that way of procedure to be a necessary Form , and not to be dispenc'd with . Neither can I take it for any thing more than a Fanatick Story , that is a Lye , when he tells us the Executioner was in a more than ordinary Dress , or Place , than usually assign'd him in Court , where he is an Attendant in Course , and by Office. And if he declar'd going out of the Court after Sentence pronounc'd , that he had no reason to be asham'd of the Cause engag'd in , it was the greater shame for him , and had he met with that barbarous usage , the Royal Party is so falsely charg'd to have shown him , it would have been but a just return . With like rude and groundless Reflections , he proceeds to the place of Execution , where Chairing-Cross formerly stood , that the King might have the pleasure of the Spectacle , and inure himself to Blood , p. 69. And was there no other reason to be given ? Yes surely , not so much that the Court might look towards them , as they toward the Banquetting-House , out of which they led their Sovereign to the Slaughter . And for the King 's inuring himself to Blood , the Fanaticks had great reason to complain , who hazarded his Life , and shock'd his Monarchy , by that fond impossibility of obliging them . For his Execution ▪ and Declaration before it , 't was according to his Life , desperate Enthusiasm , abusing Almighty God more by his Presumptions ▪ than had he absolutely defy'd him . And here I had left this desperate Wretch , but for one Passage which I am sure Ludlow did not like , and 't is probable his friends will be as little pleas'd with ; in the foremention'd Fanatick Legend , which begins with this Brother , we are told the Sheriff sent three Divines to discourse him upon several heads , whereof one was the breaking the Old Parliament ; to which he reply'd , That was the Act and Design of Cromwell , he knowing nothing of it , till call'd by him to go along as an Assistant that Morning it was done : Yet afterward , saith he , I was glad of it , as seeing they did intend to perpetuate themselves , without doing those desirable things which were expected and longed for by the Lord's people ; and if the Lord's people were not satisfy'd with them , I am sure all others were much less ; and yet we have a new Club of Politico's so much made up of contradiction , as to applaud those contemptible Villains . The next was Mr. John Carew , a Gentleman of an Ancient Family , saith Ludlow , and that Family not a little asham'd , say others , he should so basely degenerate . 'T is further said he was brought up to the Law , altho' at his Arraignment he shew little Skill therein , for that he would save to our Lord Jesus Christ his Right to the Government of these Kingdoms , before he would plead Not Guilty ; I presume he had Enroll'd himself among the Fifth Monarchy Gang , an unreasonable set of Men , who might have liberty to expect Christ's coming as long as they please , provided they would Submit to the present Government in the mean while , but till then they will be Govern'd by none but themselves , and of all Mankind none are so far from Christ's way of Governing . How justly the Court stopt his impertinent Excursions is already mention'd ; and 't is like our Author to tell us what this Prisoner reply'd upon Mr. Annesly's particularly chargeing him with the Exclusion of the Members in 48. That it was strange to find a Judge upon the Bench , give Evidence as a Witness in the Court ; this , I say , Ludlow terms an irregular Proceeding , unbecoming a Court of Judicature , and all the while stifles what the Lord Chief Baron Reply'd , You are mistaken , it is no Evidence , but shews you what Authority that was , an Authority of Forty six Members , how is this Evidence ? a Judge sure may expostulate from his own Knowledge about any particular , fully prov'd before , as this whole Charge was . Yet at the same rate is the Cavil carried on , every thing caught at which may serve a turn , tho' nothing mention'd to clear a Truth : Nay , sometimes he certainly obtrudes real fictions of his own ; for I no where find that their Enemies confess'd , or commended , their Harrison 's , and Carew 's steddiness of Mind , and contempt of Death ; but that their Friends took care they should go off with a resolute Obdurateness , take this following Passage ; Some few days after Carew Suffer'd , I met a Person who had been employ'd by his Nephew to get a parcel of Papers out of his hands , which related to an Entail'd Estate , and so not forfeited by his Treason ; which tho' he had attended several times , ( as careless as his Friends say he was of Life , ) could not be obtain'd till the last hour , which argued he had some hopes . During this stay , the Gentleman said a Fellow came to him , he presum'd an Apothecary , and taking a Glass out of his Pocket , poured it into a Beaker and gave it him with this Grace , The Lord strengthen you ; and it produc'd the design'd effect , for whereas he look'd wan , and trembled before , this made him flush , and sweat , with an answerable alteration in his Discourse , and Carriage ; and this might occasion what he said at the end of his Prayer upon the Ladder , I am so exceeding Dry , that my Tongue is ready to stick to my Mouth , but I would fain speak a little more . 'T was then discours'd that most of them took such intoxicating Doses , to be sure Peters had so large a Potion , that he was stupidly drunk , which made Cook who suffer'd at the same time , say he fear'd him not fit to Suffer then . Adrian Scroop is the next with our Author , tho' in the course of their Executions there were three or four before him , and seems mention'd on purpose to inveigh against Sir Richard Brown , whom he falsly affirms to be the principal Witness , his Evidence was only Collateral , there were others who prov'd both his Sitting and Signing so fully as he own'd all himself , and indeed there were none of them , had any thing of the Port and Language of a Gentleman but he , both at Tryal , and Execution , for he always address'd himself to the Court with due respect , and civilly acquiesc'd in the Reasons they gave for Over-ruling his Pleas ; what impudence then is it for Ludlow to affirm , That the Jury taking every thing said against the person accus'd for substantial Proof , made no scruple of bringing him in Guilty of Treason ? p. 66. whereas the Proofs against him were as full as any of the rest ; yet I will not deny but he might have escap'd with Life , had not Sir Richard's Testimony interpos'd , tho' his own folly as well as baseness must bear the blame , for expressing to a Stranger the no remorse he had of so horrid a Crime , which Sir Richard as a Member , was bound in Honour and Conscience to declare to the House , when his Case came to be consider'd . Almighty God , as already hinted , Pardons none but upon Repentance ; and can King or Parliament follow a better Precedent ? Tho. Scot follows , more especially valu'd by our Author and his Friends , because so impudent as to desire it might be written upon his Tomb , Here lies Tho. Scot , who adjudg'd the late King to die ; But he lies without one , and may all of the same Mind , die , and lie as he did ; yet even this being spoken in Parliament , ought not to be brought in Evidence , as is confidently averr'd here , without the least notice of what Sir O. B. declar'd , There could be no Privilege of Parliament for Treason , nor Felony neither , which that Learned Lawyer made several times fully out . What he urg'd likewise of the Convention which then was , and the Secluded Members , was altogether as frivolous ; that Long Parliament had been so perpetuated , as none but themselves could make a Dissolution , ( God keep us from such another ) which the Secluded Members came in to do as Mr. Annesly told him : and the Convention they summon'd was not so Regular , but the next Parliament confirm'd all they had Enacted ▪ and could these Fellows who had put the whole Government out of course , think it could ever be brought into Order , but by stepping back through those many Irregularities they had continually heap'd together ? What he saith of his being a Recruiter , speaks little of Reputation , that sort of Cattle breaking thorough in an odd manner ; and less of his Policy to tell us how he was fool'd by Monk : and how well he was respected throughout the Kingdom , none could better express than himself , who in a Speech he made to prevent the Dissolution of that fatal long Parliament , and finding it ineffectual , concluded thus , Being your pleasure to have it so , I know not how to binder it , but when done I know not where to bide this hated head of mine . And , indeed , it was the case of them all . John Jones , and Gregory Clement , seeing what the others had said was to little purpose , confess'd the Fact , and were declar'd Guilty , saith our Author , but is mistaken here too , whether wilfully , or otherwise , let his Friends resolve ; to be sure Jones Pleaded , confessing he sat some days , but did not malitiously contrive the King's Death ; whereas his hand and seal being prov'd to the Warrant for Execution , he then cry'd Peccavi , and put himself upon the Lord , and that Honourable Court , which not having the desired effect of Life ; at their Executions they both Recanted their pleading Guilty , or begging Pardon , and so went off ; an exact testimony of Fanatick Sincerity . What he saith further of Jones being a Gentleman , of a competent Estate , and considerable Service for the Publick Cause , stands thus : His first entrance into the World , if common report may be credited , was as Sir Middleton's Man , for that I find his Appellation in all the Prints of those times : and 't is further said , that by his inducement Sir Thomas engag'd on the Rebel side ; but his grand advance was by marrying Cromwell's Sister , who finding him withall a Zealous Brother , made up of Faction , Sedition , and Insolence , countenanc'd him accordingly in all his Designs ; for he was not only Governor of Anglesy , but Controller-General of all the Honest Gentlemen in North-Wales . Afterwards he was remov'd into Ireland , where he behav'd himself as Servants use to do when got into Dominion , with a most Tyrannical Arbitrariness , no less morose , and severe than Ludlow himself , who otherwise would not have commended , a Relation , and Creature of Cromwell's . And because he tells us of Clement's being a Merchant , I shall relate this Passage , and then let the World judge of his integrity , honesty , how unfit for a Publick , who behav'd himself so unworthily in a Private trust . He was Apprentice to one Mr. Hukely a Spanish Merchant , who , when his time was out , advis'd him to try his Fortune in the East-Indies , and for his incouragement lent him 500 l. upon his single Bond ; perhaps he might have something more of his own , but that was said to be his principal Fund , which he so well manag'd , as to return about the beginning of our Troubles with an Advance of 8 or 9000 l. which made him , not only considerable upon the Exchange , but a Recruiter at Westminster , when most honest men were gone , or forc'd away . At what time his Master dy'd I omitted to enquire , but leaving only two Daughters , the Gentleman who married the Eldest engag'd on the King's side , and so could not come to London till the War was over , then he addressed himself to Clement , and hop'd he would not demurr to pay so just and fortunate a Debt , which notwithstanding he did continually Shuffle , and put him off , and that with so much insolence , as once upon the Exchange to bid him Kiss his B — . When the case was so alter'd , as this Merchant came to lie in the Dungeon at Newgate in order to his Execution , the Gentleman apply'd himself to him there , where he found him at the Common Cant of all the Crew , that he had made his Peace with God , and the World , and desir'd he would not disturb him with any temporal concerns , he told him how little true Peace could be expected with God , when so unjust to Man , with much more to the like , tho' very little , purpose , for the obstinate Wretch persever'd in his vain Presumptions , and even at the Gallows declar'd what great Assurances he had , tho' the Gentleman , mounted among the Guard , told him there of his unjust dealing , which he car'd not to take notice of , and so went off , an horrid instance of Fanatick Delusion . Mr. John Cook takes the next turn , his Dear Friend , and fellow Governor in Ireland , where he was Lord Chief Justice , and otherwise had a great influence upon Civil Affairs ; yet I do not find he was so squeamish as our Author , but continu'd in his Post under Cromwell . What he saith of his Parts , and Gentile Education shall be acknowledg'd true ; yet could they not advance him in practice , so as to keep him out of some Necessities which sat uneasie upon him ; and this , not only his Acquaintance thought put him upon that fatal Employ of Sollicitor to that pretended High Court of Justice , but he owns here at his Tryal , 't was Avaritiâ non Malitiâ , what he spake was for his Fee , and that he hop'd the Jury would take into Consideration , whereto both the Sollicitor-General and Lord Chief Baron reply'd , that as no man can have a Lawful Calling to pursue the Life of his King , so for a private Person , tho' he only intends to beat a man , yet if he dies thereupon , in Law 't is Murder : and the like Replies were made to the many other Allegations Cook very ingeniously urg'd in his Defence , with so much Candor , and Respect , as well as Law and Reason , that it would be most unpardonable in any body but our Author , who makes it his constant practice , to give so partial a relation , as to set forth the three Articles his Inditement was reduc'd to , with a brief account of Cook 's Plea , without the least Syllable of what both Council and Court reply'd in answer to every particular , so full and satisfactory , and yet withall so fair and easie , as I never read any thing of that kind more diverting ; Indeed , all the Gentlemen of the Long Robe , knowing the Prisoner to be a man of Parts , and for several years vers'd in Business , seem'd to exert themselves above their Performances at other Tryals , and let him see the most artfull flourishes , could not palliate so foul an Act , or he alledge any thing by way of Extenuation , they were not able to render frivolous , and false , with one single breath ; so that after the greatest Liberty ever vouchsafed any Person in those Circumstances , he was forc'd to acknowledge their Patience in hearing him , and that their Lordships had justly stated both the Councils Proofs , and his Answers , if they laid aside those Acts , Orders , or Authorities , whereby he did at that time Conscientiously act ▪ and thought to be born out , &c. And being told that aggravated the matter so as to Warrant the Authority , he desir'd not to be mistaken , meaning only in point of High Treason , so that it seems he would have gladly come off with a Misdemeanor , Misprision , or something of that kind , to have secur'd his Life : Which failing , at his Execution he acted the proper part of the Party , would be telling what a Glorious work the Lord had accomplish'd upon his Spirit , which was to assure him he need not repent of any thing he had done , but own it as the cause of God , and Christ , &c. In short , none of the Pack went off more deeply plung'd in Enthusiasm , the furies and follies of Fanatick Delusion . This Lawyer was accompany'd with a Divine , of their Congregational way , the most impudent Buffoon that ever reproach'd any Profession , Sacred , or other , Hugh Peters , upon whom it was prov'd that he had made it his constant business to Blaspheme God and the King in his Pulpit Scurrilities , during the Pageantry of that horrid Tryal ; and otherwise became so vile a Property to their many dark and bloody Designs , as one would think the Devil had Commission'd him to be his Representative , in acting that dismall Tragedy : yet being now to make his Plea , that Infernal Fiend had so far left him destitute of that briskness of Wit , and presence of Mind , at other times his only talent , as he could scarce reply to any one particular Allegation , but declar'd in general that all was false , with so senceless a Stupidity , as to become the object of their Pity , who most abhorr'd his abominable Practices . In the same manner he went off at his Execution , where he was so far from being animated with courage , as our Author affirms , that Cook himself could observe , Here is a poor Brother coming , I am afraid that he is not fit to die at this time , &c. altho' he had endeavour'd to put what courage he could into him , for they tell us he said , Come , Brother Peters , let us knock at Heaven gate this Morning , God will open the Doors of Eternity to us before Twelve of the Clock , &c. but Peters who had acted a Part too long , could not bear up in this last dismall Scene , no intoxicating Draught , whereof 't is said he had taken very largely , could silence the Terrors of so great a Guilt ; tho' it had been the whole course of his life to fool others , he could not now fool himself . 'T is likewise an egregious falshood in the account Ludlow gives of his Life , That he had been a Minister in England for many years , till forc'd away by Archbishop Laud 's Superstitions , &c. he was never in our Church , but sometime at Cambridge , where he was so Insolent , and Leud , as to be Whipt in the Regent's Walk , ( a Punishment scarce ever inflicted upon any since , nor perhaps as long time before ) the most Publick place in that Vniversity , and so Expell'd for ever . Now as this affront , according to his Estimation , always rankled in his envenom'd Mind , so it rendred him very acceptable to the Godly Party , as they term'd themselves , who very much delighted in his Sarcastical Libels against our Government both Ecclesiastical , and Civil : Nevertheless fearing to come under a second Lash , he kept himself abroad , in Holland sometime , but mostly in New England ; till the Independents , designing to undermine Presbytery , sent for him , who came accompany'd with several young Disciples of his own Tutoring , so managing the Army by his Cant and Buffoonry , as he became Cromwell's Zane , so necessary a tool , as the work could not have gone on without him , for he acted several Parts besides that of Chaplain , sometimes Col ▪ sometimes Agitator , and whatever else would advance his Patron 's Designs and our Confusions , and therefore 't is much Ludlow took notice of him , being so much the Vsurper's creature ; but his deep engagements in the Royal Blood , expiated for his other failings on the Common-wealth side . I shall only add further , that upon the Restauration , he was discover'd by one of those Confidents he brought out of New England , seiz'd upon in Bed with another man's Wife , which his Party indeed would have for the better concealment of himself , tho' they could not but know , how much his Spirit was addicted to the Flesh . Axtell and Hacker came next , who Guarded that confounded Court , and the King to it , set on the Soldiers to cry for Justice , &c. and for these Reasons were charg'd with compassing his , the King's Death : Axtell made many long Harangues all to the same purpose , That he was a Commission Officer , and oblig'd to obey his Superior's Orders , and so ran back to the several Generals , Essex , Manchester , and Fairfax , from whom he received his Commission , as they did theirs from Lords and Commons ; altho' upon enquiry , all his Orders in this Bloody Scene were from Cromwell and Ireton : The Court suffering themselves a long time to be teas'd with these Tautologies , in the end told him , That neither the General , nor Lords and Commons ought to be obey'd in any unjust thing , much less taking away the Life of their King ; and this Ludlow styles their being necessitated to fly to their old Refuge of questioning the Authority by which he acted , as if that were not first to be enquir'd into in all Actions both personal and real . What he further calls a strong unheard of Doctrine , That no Person , nor Community , nor People have any Coercive Power over the King , is a continu'd Specimen of his supercilious Arrogance , and would he have mention'd the Precedents Sir O. Bridgman quoted , the Assertion would have appear'd much to the purpose , and the Jury been justify'd in that they made no Difficulty of bringing him in Guilty . Hacker being present at the former's Tryal , saw how fruitless it would be to make the same Allegations , and he had no other , besides he seem'd to be the dullest of them all in their common knack of Canting , for that he only read a Speech at his Execution of ten or twelve Lines , and then desired that Axtell would be both their mouths to God in Prayer . 'T is likewise false that the Court being sensible of an injury done to Hewlet in finding him Guilty , for that it was made appear the Common Hangman cut off the King's Head , procur'd his Pardon : for the Lord Chief Baron told the Jury , That if they found him to be one of them in a Frock , tho' he did not the Fact , it was a clear testimony of his imagining and compassing the Death of the King , and this was not only prov'd by several , but from his own confession , That if he was to do it again , he would do it . The Pardon therefore was the immediate effect of His Majesty's gracious Clemency , what effect it had I have not heard , 't is probable no better than upon others . Henry Marten and Ludlow , were two of as different Tempers and Constitutions as can be well suppos'd , the former a witty debonair Companion , who made Drinking and Whoring the delight of his Soul ; the other of a haughty morose disposition , rigid and severe as a Scotch Covenanter ; yet these two in the House always hunted in the same Couples , prosecuted the most desperate Courses which at any time came under debate , right-down Levellers , nothing would serve them but a Community of wealth and women ; wherein Marten must be own'd to have reason , for that having squandred away an Estate of several Thousand pounds per Annum , besides Plunder , and other Gratuities , wherewith these just Representatives oblig'd each other , he could not think of a better way to supply his Luxury , than out of other men's Stocks ; to which purpose he writ a Book , call'd England's Troublers Troubled , wherein all Rich men are declared Enemies to the Mean ; Lords and Gentry , Clergy and Lawyers , must come into one Common Fund , whereof too , I presume he intended to be Treasurer , and then it could not fail to be well dispos'd of . And that this might be reduc'd to Practice , in his own County of Berks , whose worthy Representative he was , he forbad the people to stand bare at a Sessions in 48 , or pay Homage and Fealty to their Lords : yet at the same time he Plundred them of their Horses , Goods , Money , &c. under pretence of serving the State , and beat those that defended their own : In fine , there was not a more Immoral , Profane Wretch ever breath'd upon earth than this Marten , who nevertheless being a Commonwealths ▪ man , and of as inveterate a spite against the good King as this Author , he , who most undeservedly escap'd with his Life , of a Dozen more , Try'd at the same time , must be singled out for two or three maggotty Evasions , which nothing but a Court of unwearied temper would have born with ; for he tells us whereas others confess'd the Guilt , but not the Malice ; he confess'd the Fact , but not the Guilt ; which was justifying the thing as all the former had done , in a more Impudent Buffooning way . This Distinction of his the Lord Chief Baron reply'd to very seriously , but the Solicitor ▪ General ridicul'd it most deservedly : neither was there any thing in what he further urg'd , that all Facts were to be denominated from their Circumstances ; was that a new Notion ? or any ways applicable in his Case ? whose were the most aggravating of any in the whole Pack . His addressing himself from the Council to the Jury stood him likewise in as little stead , for his thinking that a House of Commons , when he presum'd the Court did not so , which should the Jury more incline to believe ? an Authority of his own making , as the Solicitor briskly told them , or not rather condemn him for making that Authority ; as they most justly did . In those Familiar Epistles which this Devotee of Venus writ to his Lady of Pleasure , there is likewise a Letter in Justification of the King's Murder , penn'd it seems before he came in , and had it come out before his Tryal , we might have seen how witty he would have been upon the Gallows , for 't is written in his usual buffooning way , without any thing of solid Argument , or real thought , which our Author alone extols him for . All indifferent Judges tell us , he had addicted himself so much to a pleasant humor of Rallying , as they question'd whether he could have been serious , had he come to the Execution of his justly deserved Sentence ; 't is great pity it was not try'd . And by what good luck he escap'd that end I am next to relate , the better to refell another gross mistake of our Authors , not to term it worse , who positively tells us , The Convention made no provision for the securing his , Marten 's Life , or the rest decoy'd into a Surrender , whereas they pass'd an Act , that however Condemn'd , Execution should be suspended till another Act of Parliament to that purpose : Which accordingly was the first thing under Debate in that of 61. where the whole dozen were Secur'd for Life , even Marten too , tho' with greatest difficulty , by reason of his insolent Deportment at Tryal , but having some Relations of Honor and Quality , they were unwilling to have such a blemish lie upon their Family , and found out this pleasant Stratagem to prevent it ; when Marten came to be consider'd it was declar'd on all hands none more deserv'd to die ; whereupon a Gentleman , in the Intrigue , stood up and said he was as much for hanging him as any other Member , only fear'd having so rotten a Carcass , his Limbs would fall asunder and disappoint the Gallows ; which humor being ingeniously prosecuted , 't was concluded in the end , he should rot out the remainder of his Life in the Gaol . And accordingly he was sent to the Isle of Wight , Carisbrook-Castle , I presume , with Hevingham ; from thence brought back to Windsor , which was not a little regretted by many Loyal Gentlemen , that they should have Liberty to walk over the Corps of that Sovereign they had Murder'd , and among them an Honest blunt Scotch Knight understanding they were remov'd for better Air , plainly told the King , they thought the Isle of Wight Air good enough for his Father , and the worst Air in Hell was too good for such Rogues as they : Hereupon they were remov'd , Marten to Chepstow Castle in Monmouthshire , where he lingred out his days with an ordinary Competency from some who had trick'd themselves into his Estate , and other Friends , to the Year 80. the 78. of his Age , the longer doubtless for being debarr'd the profuseness of his former Epicurism , yet all this without the least improvement , under such great alterations of condition , and severe checks of Providence ; for if we may believe the Epitaph he made of himself a little before his Death , he went off with as little sence of a future State , as he continu'd here in defiance of all Virtue , Loyalty , and Religion . What our Author next falls upon of this kind is with more than ordinary regret , that a Trium-virate of his fellow Out-Laws were seiz'd upon in Holland , and from thence sent home to receive the just Reward of their Treasons , the first he empties his gall upon is Sir George ▪ Downing , who as the King's Minister there , laid the Scene so as to secure them , whose baseness he aggravates by telling he had been Okey's Chaplain , kindly entertain'd by him , and receiv'd many Obligations from him ; all which the Factions most virulently charg'd upon him from the beginning , and he as little regarded , for being by Monk's recommendation continu'd in the same imployments he had under Cromwell , for which he had then contracted an implacable enmity from all the Rumpers , he resolv'd to be aforehand with them , by hanging as many as possible out of the way , who he was sure if once more in Power , would do the like by him . For Gratitude he had convers'd too long among them , not to know how little it was regarded when Interest stood in competition ; neither indeed can there be a greater absurdity , than for any of that leven to recriminate thereupon , who so treacherously undermin'd each other in their several Turns ; and altogether express'd an ingratitude great as Hell , for their too general Indemnity . He continues his charge against the barbarous part the States acted in this conjuncture , who contrary to a Fundamental Maxim in their Government to receive and protect all , &c. contributed as much as in them lay to the destruction of these Gentlemen ; that they contributed any thing to the seizing of them is absolutely false , but were much vex'd at it , tho' when done could not prevent it ; Sir George had formerly attempted several such Straglers , and the States had freely given him Orders to secure them ; but withall took such care that before he , or his Messengers came there , the Birds were flown . This was the first time he outwitted them , and I dare ingage had he continu'd there Forty years it should have been the last . However , I find this Author elsewhere affirming , that Interest is their darling Maxim , and there is none who know them , doubts it ; seeing therefore so great a Revolution in England , the Royal Family restor'd , to which they had not been over kind from the beginning of their Troubles , and now entring into an Alliance with that Crown , it must really have broke all those Measures , and violated the Laws of Nations to prohibit their Transportation , when seiz'd , yet many of their People were very mad for this ; their Governors consider'd better , that however they permit their Country to be a Common Receptacle for the Refuse of all Mankind , yet that , in such extraordinary Cases , must be superseded to the just , and reasonable Demands of their Neighbours : Rebels and Out-laws are Beasts of prey , and when upon pursuit they escape out of one Royalty , the next should take the Alarm , either hunt them away , or upon seizure deliver them up , neither can it be expected any Prince should enter into an Alliance upon other terms ; and when 't is their own concern , none stand more positively upon it than the Hollanders ; to give an instance , when the Trump's Brother-in-Law , who upon Buats folly , De Witt discover'd to be against his Faction , as this Author relates , p. 194. but escap'd out of his clutches , into England , would upon the Treaty by no means be permitted to return into his own Country , but was forc'd to continue here several years , for ought I know till that grand turn which caus'd De Witt 's Massacre . And perhaps our Monarchy hath suffer'd not a little for being less severe in such Cases . The first our Author mentions of his three unhappy Brethren is Miles Corbet , a Gentleman of an Ancient Family in Norfolk , and so indeed he was , but proving a wither'd Branch , the Old Stock by degrees perished , and came to nothing . His Nephew Sir Thomas was a worthy Loyal Gentleman , kept this old Dotard from defiling himself with his Sovereign's Blood till the last day , for fear the Entail should be cut off from his Children , according to his own confession ; but then the Devil with his own as Hellish Zeal , spur'd him on both to Sit , and Sign : And 't is probable upon this inducement , Sir Tho. parted with the Seat of his Family , which to my knowledge he did , and was very kind to his Sisters with their Descendents . For his Deportment in Ireland , our Author is too partial to be credited , because we have so odd an account of his carriage in the House of Commons , where he was Inquisitor-General to the Committee of Examinations , having found an Expedient to Purge both Houses of such Members as the Army , or Independents dislik'd , without letting them know either their Charge , or Accusers , which the History of Independency terms a kind of Hangman's Office , and that he look'd more like a Hangman , than the Hangman himself ; 't is true likewise he was constantly call'd Corbet the Jew , much resembling that Nation both in Countenance , and Actions . The next is Barkstead , a Citizen and Goldsmith in London , saith our Author , as if he had been a Banker of Thousands ; whereas the Workers in that Trade are of as dirty and laborious a Profession as Country Blacksmiths , and take as much Pains for a small Livelihood : This fellow 's chief Imploy was to make Silver Thimbles , whereby he might become endear'd to the Sisterhood , to be sure he was Second to Ven in leading up the Mob to threaten , and force the Parliament , ay , and King too , when matters did not go after their humors ; and thus setting forward the War , when begun , he had his advance in it , where nevertheless he pass'd for a very shallow Mortal , but continuing a zealous Pretender , and withall very officious to his Master Cromwell , he continu'd him a Tool upon all occasions ; as I remember made him one of his Lords ; not so deserved an Advance , as here at the Gallows . The last is Okey , whom our Author will have a Citizen of London too , as if he had made some great figure there ; whereas he was Modester , and declar'd , He was the least of the Families in Israel , and he the least of that . First , he belong'd to a Brew-house as Dray-man ; after that a poor Chandler near Lyons-Key ; but betaking himself to the Sword , upon our Civil Distractions , he appear'd a man of Sence , and Courage , which cultivated by Action and Experience , rendred him one of the best Officers among them . That he was possess'd with the common Cant of the Cause , and wholly given over to their Inspiration-Follies , and very zealous therein , cannot seem strange , for that he never had any other Conversation ; and the Success God curs'd them and the Nation withall , was a corroborating Argument to their deluded Minds of a Righteous Vndertaking : yet after all , no one of the whole Party carried himself so like a Gentleman , and a Christian as this Okey ; which not being for our Author's design to mention , I shall take notice of , from that very account the Brotherhood hath given of his final Exit , in these following instances . 1. As to the Death of the King , he declar'd himself to be none of the Council which sat about it ; knew nothing of the Judges , nor of his name being there till done ; that he sat but once or twice , pray'd for him , as for himself , as he had done for this King ( then Regnant Charles II. ) and look'd upon it as his Duty to do so . 2. That tho' he doubted not a Resurrection of the Cause he had engag'd in , ( thorough-pac'd Enthusiasm ) yet would he leave this with all his Brethren , and Friends , that they should keep their Places , wait upon God , and rather suffer , than do any thing to deliver themselves , by indirect , and unjust ways . 3. That if His Majesty had been pleas'd to have given him his Life ; or if he had heard time enough of the Proclamation , to come over , he would , through the Blessing of God , have liv'd quietly , and rather suffer'd , than done any thing against the Law of the Land. 4. That whoever had proceeded against his Life , even to his quondam Chaplain , and those in Holland , who had engag'd otherwise to his Friends , he forgave as freely , as he desir'd God to forgive him . 5. His last words were , And it shall be my Prayer now , that God would give you Peace and Truth , and scatter them that delight in Blood and War. These are some of those many wholesom●●dvices he left among them , arguing so much of a good intention , a pious well disposed mind , as 't is much the Fanaticks have not expung'd him their Kalender , for expressing himself so directly contrary to what the rest of their Party profess'd and practis'd , both Living , and Dying . Sir Henry Vane , who brings up the Rear in this Black List , according to course of time , deserves likewise that Preference as the Coryphaeus of Fanaticism , right down inspiration ▪ Mad , so furious a Bigot for whatever came uppermost in his freakish head , that the common Appellation men gave him was , Sir Humerous Vanity . His Father , and he , were doubtless two the most ungrateful Servants to Good K. Charles ever advanc'd by Prince , and each of them qualify'd with Parts , and Interest to carry on whatever designs they engag'd in , yet the old one was more cautious , and foreseeing what Fate his Son would come to , like a cunning Vulpone , setled the Estate he had got from the Crown upon his Grandchildren . That there was any thing of the like caution in the other , tho' he kept out of that cursed Court which condemned the King , is hard to conceive , sin●e none conduc'd more to the bringing him thither , and when taken off , more zealously forward to Establish their new Commonwealth ; yet in some of his Papers , that absence of his is insisted upon , as if he hop'd it might help at a dead pinch : whereas all his other actions discover'd so much of Republican rancour , that it was thought fire might be as well permitted to continue in Thatch , as he live at Liberty in any thing of a Monarchy ; and when upon that great Revolution , it was discover'd , whatever Ludlow saith to the contrary , he had been tampering with some Malecontents of the Army , and others , in order to fresh Disturbances , the Government thought fit to confine him , where he continu'd more than a year , and then , whether upon his own motion by right of Habeas Corpus , or otherwise , I cannot discover , was brought to Tryal , with Lambert , and had he behav'd himself as Lambert did , own'd the Jurisdiction of the Court , confess'd his Crime , and begg'd Pardon ; he might have escap'd with Life , as that other , according to the Parliament's Petition to His Majesty : But being charg'd with a continu'd series of Treasons from the King's Murder to the Restauration , ( altho' the Councel told him they might have began with the Rebellion ) he absolutely deny'd they had any Power to try him ; that neither the King's Death , nor the Members themselves could dissolve the Long Parliament , whereof he being one , no inferior Court could call him in question , with so many Cavils for Arrest of Judgment , Councel , and what not , as would have continu'd his Tryal till Doomsday , could he have liv'd so long , and his Breath held out , which never fail'd him , nor words neither , tho' most incoherently put together . His Tryal was Printed by his Party , with several Speeches , Memorandums , &c. his Deportment before he went , and upon the Scaffold ; as likewise many Additional Discourses of Politicks , Divinity , &c. making a pretty large Quarto , the compleatest body of Enthusiasm I ever saw , tending to this main end , That in Right of Jesus Christ , and his People , 't was justifiable to stand up against any Government , Controll , and Subvert at Pleasure . In like manner he would have run on at his Execution , and because not suffer'd to defend the Treasons he had for 20 Years together continually acted , would have it a violation of every Free-born Englishman's Right . But then for his Religious deportment , he declar'd to have such Signs of Special Salvation , they are the very words of his Prayer , as to assure himself a place no lower than the Right hand of Jesus Christ : St. Paul was but a weak Brother in comparison to him , who after many years labour in the Gospel could not promise himself to have attain'd , or were already made perfect , &c. whereas this Commonwealth Apostle , set the Crown upon his head , the first day of his Spiritual Birth , and even whilst here in the Body was made partaker of Eternal Life in the first fruits of it . But why should we mention St. Paul , when in his last Agony he so Blasphemously emulated our Blessed Saviour himself ; for instead of a Lord have mercy on my Soul ; Christ Jesus receive my Spirit ; or the like ; we are told his very last words of all at the Block were as followeth , Father glorifie thy Servant in the sight of men , that he may Glorifie thee , in the discharge of his Duty to thee , and to his Country . Could any thing but Hell inspire a man at this rate ? yet all his Speeches and Prayers are move or less one continu'd Rhapsody of such abominable Stuff . I shall mention something of his Temporal Concerns , partly for that our Author's relation is as opposite to truth as one Pole to the other ; Sir Henry Vane , saith he , was a Gentleman of an Ancient Family in the County of Durham ; whereas the Family they were of , was directly South , either in Kent , or Essex , as I am inform'd , till the Old Fellow , having well fleec'd himself at Court , mov'd Northward , upon this occasion . Raby-Castle was in the Crown , one of the finest Royalties in the North of England , assign'd King Charles , with other Lands when Prince of Wales , for the support of his Family : When come to the Crown , the Parliament not supplying him to carry on the Spanish War , as they had promis'd both his Father and Self , he was oblig'd to assign it over to some Citizens for a Summ of Money , giving them Power to lett Leases , &c. Old Sir Henry knowing this to be a considerable Purchase , agreed with the Citizens for their interest , and then got it confirm'd to him by the King , upon easie terms , we may well presume , facilitated too by some undervaluings , for when entertain'd there in his Expedition against the Scots , and finding a magnificent Structure , according to that old way of Building , he pleasantly told him , Sir Henry , This is more than a heap of Stones . When Cromwell gave the Rump their Quietus , those few of them who had Country Seats retir'd thither , this Hen. the 2 d. his Father being a little before Dead , to Raby-Castle ; where , because prohibited to do it any longer in the Government , he Tyranniz'd over his Tenants and Neighbours , obliging the former to take new Leases , as not allowing those they had from the Citizens ; and seiz'd upon an Estate to the value of 200 l. per Annum , which had been Purchas'd by a charitable Gentleman out of the Mannor , and given to the Parish of Stanthorp , for Relief of the Poor , support of the Free School , and repair of the Church ; with many such-like Arbitrary Encroachments , according to the plenitude of his Self-will'd Power . The People we may imagine could not long brook such usage , but at length took so much courage as to Petition Cromwell for Relief , who referr'd it , by especial recommendation to his Commissioners of the Seal , and they finding Matter of Fact true , did the Tenants Right to the great dissatisfaction of this Lord Paramount . I have been the more particular in this relation upon a double account ; the one is to clear that great Man the Earl of Strafford , whom I have frequently found censur'd , by many otherwise his Admirers , for taking the Title of Raby to his Barony , supposing it to be old Vane's Paternal Estate , whereas if taken when first made a Peer , it was not in his Possession ; if otherwise , when Earl , the original Right continu'd in the Crown , the King might dispose of the Honor to whom he pleas'd , as he had done before of the Estate ; yet 't is thought the peevish old Secretary , for this reason , plotted the ruine of that incomparable Minister , as both he and his Son , conduc'd in many other things to that of their Master ; may such ingratitude in due time meet with an Act of Resumption . The other thing I design'd to observe from the foremention'd relation is , that men of Commonwealth Principles , whatever noise they make of the Peoples Right , Liberty , Property , &c. where-ever they get into Power , and Authority are more insolent and Arbitrary than any sort of Mankind ; uneasie Neighbours , griping Landlords , froward Masters , exact from , and impose upon all they have to do with . And this rough self-will'd management of his own private concerns , is an Argument to me , much beyond our Author's authority , that the good Conduct of their Marine Affairs at that time , must proceed from others of a more sedate temper ; so warm a Brain , and violent Spirit could not do any thing with judgment , and discretion . I cannot forbear to mention what his Friends tell us of his deportment after Condemnation , some perswading him to make Submission to the King , and endeavour the obtaining of his Life , he said , If the King did not think himself more concern'd for his Honour , and his Word , than he did for his Life , then he was willing they should take it ; nay , I declare , said he , I value my Life less in a good Cause , than the King can do his Promise : with several such like Rants so abominably extravagant , as if he studied to precipitate his own ruine ; but he treated God Almighty at the same impudent manner , so that 't is hard to resolve whether his Blasphemies , or Treasons were greatest ; for both which I presume it is that our Author and his Friends give him so high a Character , commend his Eloquence , Soundness of Judgment , Presence of Mind , Gravity , Magnanimity , and what crowns all , Constant adherence to the Cause of his Country ; whereas Bedlam would afford us many of a much more steady temper ; and Newgate truer Patriots to the Nation 's Peace , and Welfare . Thus have I run over the Legendary Relation of our Republican Regicides , as laid before us by this imposing Author , wherein nevertheless we both agree as to Matter of Fact , only what he attributes to a good , I will have proceed from an Evil Spirit ; and for Decision , my appeal shall be to the Reader , whether the Word of Truth hath not foretold , That some might come under such strange Delusions , as to turn men out of the Church , ay , and kill them too , thinking all the while they did God great service ? And could that Text be ever more literally verified , than when a company of Illiterate Mechanicks , with some others of little , or , which is worse , bad Education , shall pretend a Commission from the Divine Spirit , for Murdering their King , Subverting the Government , and make every individual Person submit to their own Arbitrary Wills , and Inspiration-Follies . For particular Men , there is no Discourse of Melancholy but tells us what freakish Conceits the strength of Imagination hath possess'd them withal ; but for a considerable part of a Nation to be so carry'd away , we are the only Precedent , and sure no others will be so mad as to follow us . Since therefore I cannot parallel them with a Party , I shall do it with a Person or two ; and begin with that modern Patriarch of Speculative Atheism , Vaninus , who when he was condemned to be burnt , for that he deny'd the Being of a God , and upon the first sense of Pain , cry'd out , Mon Dieu , the Flames were stopt , and he told , upon continuing to own that God now call'd upon , his Life should be spar'd : To which he reply'd , They were only words of course , and he was resolv'd to die in defence of his own Cause . Now , I presume , the Atheist admires this abominable Wretch's Courage , as much as Ludlow and his Friends that of Harrison , and the rest , and just with as much reason . But to come from no Religion to that which is almost as bad , those Proto-Fanaticks in Queen Elizabeth's time , Hacket , Coppinger , and Arthington , what execrable Blasphemies did they utter ? even commanding God to Patronize their Delusions . And if our Author consulted the History of Reformation among his beloved Swiss , he might have found at the beginning they swarm'd much with Anabaptists , however it is at present , one of which cut off his Brother's Head , in presence of Father and Mother , saying , God commanded him so to do . And the Lord Chief Baron , when he pass'd Sentence upon the Five that were Try'd next after Harrison , Carew , Scot , Scroop , Jones and Clement , told them of one in Shorpshire , who kill'd his Father and Mother , after he had sought of the Lord whether he might do it or not , very applicable to those Wretches who pretended they had done the same thing , in order to the Murder of the Father of their Country ; and thereupon he went on very piously to advise them , That they should try their own Spirits , and not think every Fancy and Imagination to be Conscience : There is ( saith he ) a Spiritual Pride , Men may over-run themselves by their own Holiness , and pretended Revelations , rest upon that Self-confidence , and mistake the Devil for an Angel of Light. This was good Advice , indeed , too good for them to follow , for they all dy'd as they liv'd , under the cursed Infatuations of a deluded Mind . There is but one thing more I shall further observe , how the whole Current of the Rebellion was carry'd on by this Inspiration-Fraud . The Presbyterians , though they had been all along for their own Forms , in opposition to those of our Church ; yet this Evil Spirit getting in vogue , fram'd their Pipes accordingly , and bellow'd among the rest : but the Independents , Hugh Peters more-especially , with his New-England Gang , having got the Trumpet-Stop , silenc'd them most profoundly ; nay , which is more , so propagated the Knack among the Army , as most of their Officers , even to a Corporal , could thunder out Extempore Nonsence , Preach and Pray , without knowing what they said , or designing to be understood : And these were Cromwell's chiefest Properties , by whose means he made his advance , insomuch as it was observ'd he scarce car'd for any Man that spoke Sence , and had several Artifices to disparage it , but most of all it was abhorr'd in their Pulpit-Cants . The truth of it is , a Man of sound Christian Principles , and good Moral Life , was as much Reprobated by them , as the Pharisees did all but themselves ; and could they have fix'd that Doctrine , of Dominion in Grace , which the Levelling Party bid fair for , no Person should have had any Property but themselves . But when Cromwell had attain'd his height , they perceiv'd whose Tools they had been , and the most considerable of them began to be very uneasie to him , so that with much Stratagem he was forc'd to discard the most of them , and confine some in Prison ; and though by this means he kept them under during his own time , yet that Oaff his Son was supplanted by them in less than a Year's time , and after about half a dozen turns , in the time of a year more , all things most miraculously return'd to our times as of old . And tho' these Sons of Delusion had the Confidence to foretell at Execution a Resurrection of their Cause , as some of the Party have done of their Bodies , yet that time is still to come , and I hope may be as far of , as that many times expected Deliverance of the Jews ▪ and indeed to me they have all along seem'd to be equally under the same Spiritual Obduration , after their hard and impenitent hearts , Treasuring up unto themselves wrath against the day of wrath , and Revelation of the Righteous Judgment of God. SECT . III. THE little now remaining of my promis'd Undertaking , relates to that Bulk of Letters and other Papers , which swell up this Third Volume to very nigh one half ; and would they be sincere , the true reason is , that this might bear proportion with the other Two , and keep up the Crown Price , although the fresh and true Information it contains is not worth Sixpence . And this I must further take notice of , That these Letters of His Majesty were never but once printed by the Factious , and that when first taken at Naseby , bearing this Title , The King's Cabinet open'd , &c. ( which I have by me ) with a scurrilous Preface , and most virulent Annotations , so rude and false , as most of their own Party blush'd at them : To be sure the Loyalists were so far from being asham'd of any thing there discover'd , as they became a further Confirmation to them of the King 's great Parts , extraordinary Goodness , and most tender Regard of his Peoples Welfare , and accordingly had them constantly printed with his other Works both in Octavo and Folio . But the Title here tells us 't is a Collection of Letters and other Papers relating to divers Important Passages in the precedent Memoirs ; which Other Papers were likewise most of them printed with the Letters , or occasionally afterward as they fell into their base Hands , and as to every Passage reply'd to in my Just Defence , without any thing of Importance discover'd , more than implacable Malice , and egregious Falshoods . One Particular I must needs repeat : It is there made appear how grofly His Majesty was abus'd by that forg'd Commission the Irish Rebels produc'd , and how villainously their Lieutenant-General Ludlow would have had Sir Phelim O Neal redeem his Life by charging it upon him ; which that Man , as bad as he had been , had more Honour and Conscience than to do ; yet a Copy of this Commission is printed in the Collection , as undoubtedly so , though even their Memoir doth but say , the Irish pretended a Commission from the King , pag. 19. Vol. I. and they knew it as certainly false , as we may them Lyars : but it helps on a Design , and that is enough . As for this last Volume , I find but one Passage wherein our Royal Martyr is concern'd , that is aspers'd , for they never mention him but to that purpose , and this rais'd from his Correspondence with the Marquess of Antrim , who , our Author tells us , was an Irish Priest , among the first in Rebellion there , seiz'd upon in London , upon Charles the Second's Restauration , sent Prisoner to the Tower , from thence to Ireland , and there set at Liberty by a Letter under the King's Hand , charging the Guilt of that Rebellion upon his Father , in that he affirms , the Earl of Antrim did nothing without Warrant and Authority from his Father . Thus far the Memoir , pag. 115. with some truth , but very little ; for first , he was not set at Liberty by the King's Letter , but they who charg'd , and caus'd him to be Committed , not able to make good their Allegations , he became freed in course . Neither , secondly , is it said he did nothing without Warrant and Authority from the King his Father ; the express words of the Letter are , That what he did by way of Correspondence or Compliance with the Irish Rebels , was in order to the Service of Our Royal Father , warranted by his Instructions , and that the benefit thereof accrued to the Crown . Col. p. 357. which how basely our Author would pervert , as if his first engagement in the Rebellion , and continued going along with them , were by the King's Allowance , every eye may discover ; whereas the words can be no further stretch'd , than that in process of time , he was so sensible of his Folly , not to term it worse , as he thought to expiate for the same , by bringing over his Confederates , as many as he could , to their due Allegiance , together with himself . And that this he endeavour'd , and was all the Good King encourag'd him in , or Authoriz'd him to do , will appear from these few Particulars I meet with of his Undertakings . When the Scotch Covenanters first began their Stirs , I find this Marquess of Antrim making a Proposal to the King , of a Descent from his County of that Name , or some other of the Northern Parts in Ireland , upon the Earl of Argyle , and his several Dependents in the Western Parts of Scotland . But the Deep-sighted Strafford finding him unable to accomplish what he promis'd upon that account , it came to nothing ; tho' doubtless he might produce several Letters from the King , not without Encouragements , and kind Acknowledgements for his good intentions . The next thing I find him engag'd in , was more considerable , though not full up to what he promis'd . When the Soots came in 43. to the Assistance of their Fellow - Rebels here , the Noble Montross , then at Oxon with the King , laid a Design of giving them a Diversion in the Highlands , in order whereunto this Marquess of Antrim promis'd to send him Ten Thousand Men out of Ireland , and return'd thither to that purpose , as the other with great difficulty got into the Highlands , and there absconded a considerable time in expectation of the fore-mention'd Supply , wherein at length there was something done , that is , Fourteen or Fifteen Hundred Men , sent under the Command of that Brave Fellow Mac Donald , which Montross augmenting with his several Clans there , perform'd those many Noble Exploits recorded to his Eternal Glory . And this Second's Letter particularly related to , That he drew some Forces from Ireland for the Service of Scotland , pag. 355. 'T is likewise said in the same Letter , That he join'd with the Irish , in order to reduce them to their Obedience : And though it doth not expresly appear as to any single Circumstances , for want of the King's Letters to him , yet in general it may be concluded he was not so hot as the Priest-ridden Party there , but willing to comply with such Concessions as the King in Honour and Conscience might grant . For whoever consults the History of those Times in Ireland , will find that most of the sensible Nobility and Gentry , ay , and Commanders too , from 43. forward , discern'd what Mischiefs they had brought upon themselves , and were , to prevent further danger , desirous to comply with His Majesty's Proposals , of a General Toleration ; but the Ecclesiasticks , especially when headed by the Pope's Nuncio , and had the Mobb at their Lure , would be satisfy'd with nothing but a kind of Inquisition-Establishment of their Religion . That the Marquess we discourse of was one of the former , appears by his Deportment at Oxon , where , I presume , he was one of the Agents sent by the Catholick Confederates , as they termed themselves , to attend His Majesty , with Desires and Propositions most extravagant , as they themselves confess'd ; and therefore according as they promis'd the King , did , upon their return , represent the absolute necessity of submitting to him , till able to grant them more , that they might not be glad to accept less : But the Evil Genius of that People , saith my Author , ( condemn'd to wilful Ruine and Misfortune ) soon evidenc'd how unripe they were for Mercy ; and that it was not so easie to allay the Evil Spirits they had conjur'd up , as to foment and irritate them . And now from a due Consideration of the Premisses , I appeal how it can be suppos'd His Majesty's Letters should relate to any thing more than encouraging this Marquess's good Endeavours to the making Matters as easie as he could , in order to the Cessation which thereupon follow'd : And the Peace likewise , which after many tedious Negotiations was concluded in 46 , had doubtless his helping Hand , though it came to nothing , by reason of the Nuncio's and his Clergies abominable Assumings , and Superstitious Rigours ; all which appears from his Son Second's Letter , the only Authority they have for this wrested Calumny ; for 't is there expresly declar'd , That his Compliance with the Irish Rebels , was in order to the Service of his Royal Father , and that the Benefit thereof accrued to the Crown . And upon a full , impartial Consideration of that Letter , the Marquess will be found to have had very hard measure ; for at his coming over , after the Restauration , upon Complaint of the Irish Deputies here at Court , that he was not worthy the least Countenance from His Majesty , and that they had manifest , unquestionable Evidence of his Guilt , he was forbid the Royal Presence , committed to the Tower , and then remitted into Ireland for his Tryal and Punishment ; where , after many Months Attendance , and presum'd Examination , he was dismiss'd without Censure ; and without any Transmission of Charge to us , was Licensed to Transport himself into England : Whereupon the King thought in Justice he ought to be Heard by his Councel here , and producing the foremention'd Testimony under his Father 's own Hand , recommended him to the Court of Claims , in order to be repossess'd of his Estate , as more deserving than the Rebels on the other side , who had done all the mischief , without the least good , and had no other Title than Seven or Eight Years quiet Possession since their Master Cromwell made the Dividend . However , I am not to plead the Marquess's Case , any further than our Royal Martyr is concern'd , who , that he should be concluded to promote Popery , or wish well to the Rebellion , because he plough'd sometimes with their Heifer , in order to an Accommodation , is a true piece of Fanatick Spite , and exactly resembles the grand Author , the Father of Lyes ; they might as well conclude him a Presbyterian , for that he corresponded with some Scotch-Covenanters ; or wish'd well to the English Rebellion , and Army , because he treated with Cromwell and his Mirmidons , when in their Hands ; whereas all he did , was to shew , there should be no defect on his side , in order to the Nation 's true Peace and Settlement . Neither is there any thing more common between Enemies , either in Courts , or Camps , than to work upon the Discontents , or good Dispositions , of some in Employment on the adverse Side , in order to Intelligence , or any other beneficial End , as the Circumstances they are in require . Dolus an Virtus ? is a known Rule , and to give an instance thereof in our present Case , as to the Irish Affairs , by those that manag'd them as well against the King , as Popish Rebels ; Sir Charles Coot being shut up in London-Derry by such of the Romanists as had gone over to the King , and reduc'd to great Necessity , made no scruple of treating with Owen O Neil , a General of the Bloodyest Irish , and he alone who would not come in to the Duke of Ormond 's Peace , that he should raise the Siege , upon the Payment of 2000 l. in Money , with other Considerations , of Amunition and Cattle , which was mutually perform'd on either Side : And the then Colonel Monk , in Command there , had done something of the like kind before . 'T is true , indeed , their Worships at Westminster , who at that time had got all into their hands , seem'd to mut●●r at it ; but the Grandees , and Military Men , not only approv'd , but applauded what they had done , the Exigencies they were in duly consider'd . I shall mention but one thing more in Defence of our Royal Martyr , as to Correspondencies of this kind . Most of the Letters taken at Naseby , and so basely printed by the Junto , were to the Queen , in the first of which we find this Passage , I forgot in my former to tell thee , that Lenthall the Speaker brags , Cardinal Mazarine keeps a strict Intelligence with him : — As for Sabran ( the French Envoy at London ) I am confident he or his Instructions are not right for him that is eternally thine . Now in their Annotations to the first Edition aforemention'd , as they charge the King most basely , even for Corresponding with his Queen , because of the Romish Persuasion , as if thereby he design'd to bring in those Rites ; so no notice is taken of this their Speaker's Correspondence , either to deny or justifie it : And to give such Devils their due , since resolv'd to persevere in their Rebellion , 't was as justifiable as any thing they did . But why then so severe upon their King , that they should dare to steal the Horse , and not give him leave to look over the Hedge , yet at the same insolent rate do these Second Publishers of his Letters use him ; for though they had not so much Confidence as to adjoin the Annotations , their Predecessors made , they have found out a more contracted way of expressing their ill-natur'd Prosecution , by presenting us with a Passage out of his Declaration dated from Newark , March 9o. 1641. wherein he tells the Parliament , That whatsoever they were advertised from Rome , Paris , or Venice , of the Pope's Nuncio's soliciting France , Spain , &c. for Foreign Aids , was false ; thereupon most solemnly protests against the thing ; and indeed it hath since appear'd to be one of the many sinister Stratagems to ruine him , and themselves : These thorough-pac'd Calumniators thought , I say , to do the business with one general dash , of so great a latitude , as to comprehend whatever from first to last had been brought against him ; their words are these , If this Passage be compar'd with the preceding Letters and Instructions , all Equitable Men may judge , whether the King did not pass Sentence upon himself , and absolve the High-Court of Justice , p. 321. That Dolus latet in Vniversalibus is acknowledg'd on all hands : The Devil did not more covertly charge Job , than these his Agents this Good Man ; and as he was given into their power in the same manner , nay , even to the touching of his Life ; so never any since , meer Man , was attack'd with greater Slanders , bore them and his many other Afflictions more patiently , and as gloriously sacrific'd his Life , in Defence of that Religion , and those Laws , which these worst of Men would hold the World in hand afresh he design'd to subvert , and betray . And here I had finish'd my own , and Readers trouble , but that a spiteful young Fellow , whom I took notice of in the end of my Defence , for defaming the Memory of our Royal Martyr , in his Life of Milton , hath continu'd the like inveterate humour in another Piece which he terms Amyntor ; where he so basely catches at , and perverts every thing which in the most forc'd sence that can be put upon Words or Things , tends to disorder , or otherwise disturb those Sacred Ashes of his ; an Action which among all the sober Greeks and Romans was look'd upon as the greatest defection from Humanity , and what the Barbarous Nations were seldom guilty of . As to the Controversie about his Divine Meditations , it shall be wholly left to his worthy Antagonist , who hath abundantly satisfy'd all Men that will be so . That there are others , whom all the World shall not oblige to confess an Error , or amend it , is too clear to be deny'd , and too great a Folly to be regarded . My Exceptions shall commence at that which he takes against Mr. Blackall , for calling him the Best of Kings , and the Best of Men ; which , he saith , Some , who otherwise honour the Memory of King Charles , are angry to hear . It seems this Gentleman is none of those Some , and if he had been pleas'd to tell us who they were , we might have been better able to judge of what degree their Honour was , real or pretended ; for some may alledge a Respect to the Prince , on purpose to aggravate the Mistake in the Preacher , or otherwise humour him who first found fault . I would desire him further to consider whether an Hyperbole may not be allow'd in a flight of Rhetorick ; and to call him the Best of Kings and Men , can be stretch'd no further , than that he ought to be rank'd among those that have been most Eminent in either of those Qualities . Nevertheless , if taken in the literal sence , 't is highly disingenuous to ascend to the Apostles , who , tho' indeed Men , yet was there an infallible Assistance of God's Holy Spirit attending their Ministery , in which case nothing of Comparison could be suppos'd by any ingenious Person ; from which how far this Fault finder is , appears in that he urgeth a thing invidiously , which is no Article of his Creed ; and should it be brought against him upon another occasion , would be rejected with a most Blasphemous Contempt : And hereof he gives us a tacit intimation , by leaping so suddenly out of the Pale of the Church , where he might have found several Confessors of all Orders and Degrees , for an exact parallel ; and comes to the Greeks and Romans , many of whom , he saith , did infinitely excell him in all Moral and Heroick Vertues . A bold stroke this , and therefore he goes no further than the first dash , tho' he could not but imagine we should be desirous to know who those Persons were , and wherein they out-did him : Would he have had him imitate Cato and Brutus in their Self-homicide ? or Nascia , or Opinius , in cutting off the Seditious Gracchi ? That indeed had not been amiss ; but neither our Laws nor our Religion will admit of such Heroicks ; so that it had been properer to have continued in the Christian Oeconomy , where , if we consider him either as a private Person , or a Prince , few will be found to have come up to him , none out-done him , as several have made appear , who knew him better , and were much more competent Judges than this unthinking Prate-a-pace . The Advantage likewise he thinks to take of Mr. Blackall , by fawning upon His present Majesty , will return upon himself , in a grand defect both of that Good ▪ manners and Justice he so falsly chargeth the other withal . Comparisons have been ever look'd upon as an odious way of arguing , at leastwise ought to be so manag'd , as the Disparity may not reflect upon the Person whom they would seem to advance . Now this bold Man need not be told , that Charles I. was His present Majesty's Grand-father ; by which Relation , that of Royal was added to the Ancient Princely Blood of his Family ; that he must needs be sensible what cruel measures he met with from a most perfidious Race of Rebels , who regarded nothing which their Fore-fathers had esteem'd most Sacred and Religious ; that the Principles upon which they acted , strike at all Monarchy whatsoever ; and that this Fellow includes a tacit Threat , in mentioning those Defects wherewith the Grand-father was so falsly charg'd ; as if , when they thought fit , or rather , could find a sit opportunity , they would act over the same Part again : For 't is all Tyranny with them ; and whenever they promise any one to make him a Glorious Prince , 't will be , as in the sad Subject we are upon , by Martyrdom . And this is what I am farther to remonstrate , That all his Allegations are absolutely false . That Good King was not in the least guilty of any of those Popular Aspersions which in this Comparison of his are so basely reviv'd , and suppos'd true : He never dispens'd with express Laws in favour of Popish Recusants , nor protected any of his Chaplains against the Parliament for Preaching up Arbitrary Power , nor was in the least degree accessory to any of those reproachful Suggestions this Son of a Potato so impudently runs on with , as the Just Defence , I engag'd in , makes appear at large , and thereto he is remitted : where likewise he may find Satisfaction in reference to the Letter sent Pope Gregory XV. the Circumstances he was then in consider'd , and with how great Prudence it was penn'd ; which that vile Pamphlet in Defence of the Parliament 40 , doth therefore add to , and alter most abominably . All these are so fully reply'd to , and in every respect made appear to be absolutely false , as I shall not further concern my self in any thing of that kind , but only take notice of two new Piques this snarling Fellow hath started afresh , though it only shows what little Nothings such Currish Humours will bark at . The one indeed relates in general to all our Kings , from Edward the Confessor downward , and perhaps in its Original Purport reaches as high as the King of Heaven , in this Man 's bold Reflections upon that Divine Miraculous Gift which in the foresaid Edward's time was discover'd , and hath ever since accompany'd all our Crown'd Heads , in Curing that Distemper by the Ancients termed Scrofula , but by us , ( from this extraordinary way , not of the King 's touching the affected Part , as he prates at large , but stroaking the lower part of the Face towards the Neck and Throat , where indeed the Distemper oftenest resides , with imploring God's Blessing upon the Means us'd , in a a Solemn Office , which he so impiously ridicules ) the King's-Evil . The other thing I shall reflect upon , is the strong Effort of his weak Endeavours , to recommend the setting aside that Solemn Observation of the 30th of January , being the Day of the Martyrdom of the Blessed King Charles I. and order'd by Act of Parliament to be most Religiously kept , to implore the Mercy of God , that neither the Guilt of that Sacred and Innocent Blood , nor those other Sins by which God was provoked to deliver up both us and our King into the Hands of cruel and unreasonable Men , may at any time hereafter be visited upon us , or our Posterity . This was the end of its Institution , which how little effect it hath hitherto had , too sadly appears , in that this bold Fellow , and too many like him , dare to extenuate or justifie so Execrable a Fact. Such Men and such Principles prevailing every day at the rate they do , is to me little less than Demonstration , that the anger of the Lord is not turn'd away , but his hand continues stretched out still . For the former of these , the Cure of the Distemper by the Royal Touch , there is no part nor corner of the Kingdom without pregnant Testimonies as to the Matter of Fact , so fully vouch'd both by the Parties heal'd , and others , as the Cortex may be as soon deny'd to remove a Fit of an Ague , or a Dose of Laudanum to procure Sleep ; so ridiculous and impertinent is this vain Assumer , to inveigh against and decry a thing which most of the able Physicians and Chyrurgeons in Town could have inform'd him to be experimentally true , and many hundred Families afford Patients so recover'd . Yet since he hath given me this Occasion , I shall mention a Cure or two of our Royal Martyr , which may not a little shock his Irish Infidelity . Ludlow , in his First Volume , tells us , and I presume 't was complain'd of in the House , what a Concourse of People resorted to His Majesty , when deliver'd up by the Scots , as he went from Newcastle to Holmby , and was kept there , particularly many came to be Cur'd of the Evil ; and so it continu'd all along when the Army had taken him into their hands , especially when brought nigher London ; for during his Confinement at Hampton-Court , there were several Healings , where , his Chaplains not suffer'd to attend him , he perform'd the Priest's Office too : The whole was in this manner : The People kneeling down in two Rows , he went between them , and stroaking every one , us'd this expression , I touch , God heal . A Person now living in Chancery-lane , by Name Oglethorp , was then touch'd by him , and gives this Account of himself , That he had been several Months , more than a Year , under the Chyrurgeons hands with a sore Arm , wherein were many Holes , and other sad Breaches , so far from any thing of Cure , as he every day grew worse , till having obtain'd the Royal Touch , his Sores dried up in a short time , and he hath ever since , which is more than fifty Years , continu'd in a vigorous state of Health , and freely shews the Holes and Cavities in his Arm , to God's Glory , by the King's Means , when all others were ineffectual . What follows , is yet more remarkable : As they hurry'd His Majesty from Hurst Castle , towards London , in order to his Murder , passing through Winchester , a poor Man so miserably over-grown with that Distemper , as his Face was all run over with Scabs and Blotches , press'd earnestly to be Touch'd ; but the cruel Soldiers not permitting him , and the King perceiving it , us'd this expression , May God do for thee , though they will not let me use the Means . The poor Fellow went away without any hope of Redress , but coming at night to wash his Face with a Water which some body had prescrib'd him , he found none in the Bottle ; and what was stranger , it seem'd to have been dry'd up by the Stone-Bottle , for that it was broke out into Scales and Blotches in every part , whilst the Man's Face in a few Days dry'd up , and was perfectly well . Now before our daring Amyntor explode this , according to his no laudable Practice , let him send or go to Winchester , where , I presume , the Bottle is still in being , for the Wife is said to be yet living , to be sure all the ancient People in the City will witness it , and scarce a Person of any Quality in the whole Country but had the Curiosity to see it : Which brings on one Circumstance more ; A Gentlewoman , among some other Strangers , having the Bottle in her Hand , broke off with her Finger one of the loose Scales ; the Man had immediately a little Scab rose on his Lip , and not knowing what was done , expostulated with his Wife whether no body had hurt the Bottle ? which she thereupon was oblig'd to acknowledge . Dr. Turbervill , the famous Oculist at Sarum , did use to declare among his Friends , that he had often met with that Distemper in the Eyes , and was seldom able to master it ; but finding the King's Touch as seldom fail'd , advis'd all Patients which came to him in that Condition , to take that course of Cure. This I have mention'd , in order to the following Passage : Going , nigh Forty Years since , ( for it was the Winter after the Restauration ) from Deptford to Lambeth , the Coach-man , upon some little concern of his own , stay'd at an Inn or Ale-house on the Way ; whereupon a Gentleman in our Company said there was a Woman in that House well worth our taking notice of , for that she was cur'd of a Blindness , by wiping her Eyes with a Handkerchief dipp'd in the Blood of the Old King. Being call'd , she own'd the thing , which two or three more in the Family testify'd . We put many Questions to her , whereof I only remember that she reply'd , It was not a Blindness from her birth , but bred in her Eyes : Which , from the foremention'd Account of Dr. Turbervill , gives me reason to conclude it the Evil. And this I have purposely mention'd , in Defence of what Dr. Perencheff saith of the Veneration People had for the Chips of the Block , his Hair , &c. and to let Amyntor know the Popish Legends may be laugh'd at , and yet we ought to be serious in such Passages as these . Come we in the next place from Matter of Fact , to the Reason of the Thing , where , I know , it will much disguist this Patron of Novelties , to tell him , that Kings , in former days , were look'd upon as Sacred Persons , Anointed to their Office , according to that Divine Institution of Almighty God in his own Theocraty , with a Respect and Veneration , as the Ministers the Vice-Roys of Heaven : And whatever he talks of Juggles , that profound Deference the Eastern Nations paid their Princes , ( from whence all People and all Government proceeded ) seems to intimate , that Nature it self is not without some Impresses of that kind . And the learned Primate Vsher gives several Authorities out of Homer and other Ancients to confirm the same . Now if with that Designation to so high an Office , God , among other Gifts , communicated one of Healing , and that so inseparable to the Character , as not to be lost by some Irregularities of Life , which David himself was not free from : so as neither Confessor's Superstition , nor Second's no Saintship , could obstruct that Salvation which in this sence God may be said to give unto Kings , is a Truth altogether agreeable with the Principles of Revealed Religion . But knowing how prone this Amyntor is to cavil at such sound Doctrine , I shall proceed more Philosophically , and let him know , that the every way Profound , as well in Humility of Mind , as Depth of Judgment , and all Solid Learning , Doctor Barrow , in his Excellent Discourses of the Creed , among other Arguments to prove the Being of God , brings that of Supernatural Effects . For although the Great Creator is said to have rested ceased from his Works of that kind at the Six Days end ; yet did he not so tie up his own hands , as never more to intermeddle , but reserv'd to himself a liberty to alter when he thinks fit the Course of Nature , cross and check the Stream of Things , for the clearer Illustration of his Glory ; the confirming that he made Nature , because he can command it , and controll at pleasure ; whereof he gives several remarkable Instances , as well from Prophane as Sacred Story , of Fire being with-held from burning , Waters from flowing , the Sick being cur'd without Medicinal Applications , of long Chronical Distempers ; of Murthers strangely detected , Plots miraculously discover'd , with many such like Extraordinary Providences , no less signal in their Cause than Event . And when de facto any such things appear to have been done , as in the Case before us , how can we otherwise conclude , than that the King is a Sacred Person , whom the Sovereign Lord of all things hath placed here as his Representative , a God upon Earth , and that we ought to pay him a Veneration agreeable to so Divine a Character . This , in better times than we live in , hath past not only for good Divinity , but good Policy too ; and whatever Notions of Liberty have of late been started , I fear , without such a Regular Subordination , and Consciencious Regard , it will be a difficult matter long to continue the Peace and Welfare of any Humane Society . The foremention'd Doctor leaves his Discourse on this Head , with one Remark very much à propo to this our new Sir Positive . They are much mistaken ( saith he ) who place a kind of Wisdom in being very incredulous , unwilling to assent to any Testimony , how clear and full soever ; for this is not Wisdom , but the worst kind of Folly , accompany'd with Disingenuity , Obstinacy , Rudeness , and the like bad Dispositions . So that compare the two sorts of Fools , the credulous Fool , who yields his Assent readily , upon any slight ground , and the suspicious Fool , who never will be stirr'd by any the strongest Reason , or clearest Testimony , and we shall find the latter in most respects the worst of the two ; his Folly arises from worse Causes , hath worse Adjuncts , and produces worse Effects : Credulity may spring from an airy Complexion , and modest Opinion of one's self ; Suspiciousness hath its birth from an earthy Temper of Body , or Self-conceitedness of Mind ; that is apt to correct an Errour , this intractable , stiff and incorrigible in his Ignorance or Mistakes ; both include want of Judgment , but this pretending to more , becomes thereby more dangerous . In fine , were Men , in their other Affairs , or in ordinary Converse , so diffident to plain Testimony , as some seem to be in Matters of Religion , and Almighty God , they would find great Inconveniencies to proceed from thence ; their Business would stick , their Conversation would be distastful , they would be much more offensive , and no less ridiculous than the most credulous Fool in the World. What now alone remains to be consider'd , is the Thirtieth of January Fast , a very great Eye-sore to all Calves ▪ Heads and Commonwealths-men , for which reason they have oblig'd this their Milton junior to attaque it ; neither indeed could they have fix'd upon a fitter Person on this side Hell , he who makes it his constant business to Libel the Religion of so great a part , and the Government of very nigh the whole World , Christianity and Monarchy , must needs be thought the properest Instrument to decry the Commemoration of a Prince so eminently suffering on both those accounts ; and this hath been already observ'd their new Mode of going thorough-stitch , doing all at once ; Renounce their Allegiance to God , and then there can be none due to his Anointed : Abdicate the 13 th to the Romans , and the 30 th of January will fall in course . Thus that Figure-flinger to every Faction , Partridge , in his Almanack for the Year 89 , left out both that , and the 29th of May , but so he did likewise Good-Friday and Holy-Thursday . Now if such Fellows as these should be hearkned to in their Freaks , what a thorough Reformation should we have , how briskly would they carry us back to all the Confusions of 48 , and 59. For this is Amyntor's , and all his Confederates Design ; we must not recount their former Villanies , that they may the more securely re act them ; forget past Troubles , without any assurance of future Peace ; and therefore I shall make but one general Reply to all his Cavils , both against the Preachers and the Day , and that shall be in the words of the Act which enjoin'd it so solemnly to be observ'd , wherein 't is declar'd to be an Horrid , Impious , Execrable Murther , and unparallell'd Treason , committed by a Party of wretched Men , desperately wicked , and hardned in Impiety , who were neither true Protestants , nor true Subjects , but Miscreants , whose Fanatick Rage gave the Protestant Religion the greatest Wound and Reproach , and the people of England the most insupportable Shame and Infamy it was possible for the Enemies of God and the King to bring upon them . These were our Nations Thoughts , when newly recover'd out of Twenty Years Rebellion and Anarchy ; and 't is a sad sign of our relapsing into that old Distemper , when a new Generation of such wretched Miscreants attempt to justifie what was then done , with every thing else which directly tends to Immorality and Irreligion ; for so most , if not all who of late have appear'd in this unworthy Cause , will be found under one or two of these three , tho' too common , not yet commendable , Denominations , Cheists , Atheists , and Sodomites . Can they imagine any Person of Sence and Sobriety should have the less Regard for our Royal Martyr , because such impious Wretches dare to inveigh against him ? and not rather conclude him the Best of Kings and Men , because exclaim'd against only by such , as in all other things approve themselves the very Refuse of Mankind ? No , doubtless , when these Shimei's and Rahshekah's have rail'd all they can , as long as there is any thing of Vertue and Religion , of Honour and Conscience in the World , the Memory of this Excellent Prince will be Sacred , and the Shedding his Innocent Blood most devoutly Deprecated , with Remembēr not Lord our offences , nor nor the offences of our Fore-fathers , &c. That this Amyntor , as he terms himself , or perhaps , I more properly , Milton Junior , should so violently prosecute that Old Snarling Cynick's Libels , is not easily to be resolv'd . Personal Disgust he can have none , nor Relative , unless by an odd bye-way which some time since came into my head , fancying that the Irish Priest , his reputed Father , might be one of those Rigid Ecclesiasticks which adher'd to , and put the Nuncio upon breaking all Ways and Means of Accommodation , and , among many other very bad Qualities , might traduce that of an inveterate Enmity to this his Rightful and too Gracious Sovereign . For we must know , as the English Rebels upbraided the King with too great indulgence to the Irish ▪ so they , that is , the Priests and Priest-ridden Party look'd upon him as an obstinate Heretick , who would never condescend to let them have their own Wills in all things , and thereupon made Overtures to most Catholick Princes in Europe , of holding the Kingdom from Theirs , and their Father the Pope's Donation . Now this Son of that Potato , finding how ill the Project succeeded on the Romish side , herds himself among the Fanaticks and Commonwealths-men , and is become a zealous Prosecutor of Milton's Malice against Monarchy in general , and that Monarch more-especially to whom he was obliged to pay the profoundest Veneration ; but withal , the Matter is managed at such an hot-headed rate , with so little of Milton's Cunning or Parts , as when they meet in the Infernal Regions , the gruff Ghost will give him a severe Reprimand , for managing the Knave 's Part so like a Fool. And this indeed is the sole Consolation any Man of Observation can have , as to the no-Accomplishment of what their busie Heads have always in Projection , they over-act their Parts , have more Will but worse Management than their Predecessors , whereof take this Instance ; There was one A. M. some Years since , not only a great Imitator , but Sub-Secretary to Milton , when both their Commonwealthships most pitifully sneak'd to Cromwell's Tyranny , this Person came afterward to make a Figure so far as to be a Representative , was of a Reserv'd Conversation , and Thoughtful Wit , which he employ'd to do what mischief he could both to Crown and Church , as occasion serv'd , but did not venture at All , as this Hot-spur doth , without Regard to God or Man , the Living or Dead . Yet to show how these two agreed in their Characters , I shall end all with this Passage ; When this Mr. M — ll was dead , an Admirer of his went to one of their own common Acquaintance , whom he knew to have an ingenious Fancy that way , and desir'd him to make an Epitaph upon their departed Friend : which he set about , and finishing , gave it to the Person who made the Request ; who , with a great deal of formality , said it was very well , but , in his Judgment , fell short of the Party 's just Deserts . The Composer knowing how much he had done the contrary , was so far concern'd , as to go to work a contrary way , and made another in Burlesque , which ended thus , Poëta mediocris , Politicus minimus , Christianus nullus . Whether this Amyntor hath so much as a Mediocrity as to the first , may be question'd ; but for the other two , his little of the Politicks , and no Christianity , they are so altogether agreeable , as nothing can be more his due but a Halter , and thereto we remit him . THE CONCLUSION . 'T WAS an Observation long since of the Philosophers , Odiorum acriores Causae quando iniquoe : And the Reason given is very consistent ; The less ( say they ) such malevolent Tempers have from the Object , the more they must supply from themselves , make up the defect of demerit in the Person , by the virulency of their own perverse Dispositions , and malicious Calumnies . That this hath been all along the practice of Man's corrupt Nature , is apparent from numberless Instances in Prophane History , though I shall mention but one or two from Sacred . The Royal Prophet never more passionately complains than upon this account of all his Enemies , none were so outragious as they which hated him without a cause . His familiar Friends , in whom he trusted , and upon whom he had laid the greatest obligations , magnified themselves most against him . And though this was literally true in the Psalmist's own Person , yet in the Mystery he foretold it of our Blessed Saviour , and accordingly he apply'd it to himself , in the gross Infidelity of the Jews , with their incessant Projects to take away his Life , notwithstanding he had done among them the works which none other man did ; but this , he tells us , cometh to pass , that the word might be fulfilled which is written in their Law , They hated me without a cause . How applicable this is to our Martyr's treatment , every eye may discover , and I shall not here add any thing to what hath been already said , either as to those barbarous , inhumane Vsages wherewith our Pharisees●o ●o Jewishly parallell'd their Predecessors there , nor enlarge upon those Just Commendations the Wise and Good ever have , and ever must acknowledge due to his most Sacred Memory . And therefore I desire all who wish well to our Old Establishments , upon which alone the Nation 's Peace and Welfare depends , to take notice , That the Design of this THIRD PART , is not so much to vindicate the King , as to caution the People against a new Set of King-killers : For 't is my real Belief , not that I would have them take it in Charity neither , that those former thought , nay , knew their many odious Reflections upon that Monarch to be false , but could not without such vile infernal Arts carry on the grand Intrigue they were so hot upon , of Subverting the Monarchy . Thus that Rump Buffoon , Harry Marten , declar'd publickly in the House , If we must have a King , he already so , was as proper as any Gentleman in England ; and thereupon did freely own , what he stood against was the Thing , not the Person : And many others , upon the like Occasion , were forced to blunder out the like Acknowledgments . But when Cromwell and Ireton had made things ripe for his Murther , then the Cue was given to blacken him all that they could , which nevertheless struck at him most in his Politick Capacity . Now to bring this down to our present Projectors , so forward to revive that Good Old Cause , they tread directly in the same steps , and in order thereto , with redoubled Impudence , revive the Old Defamations . What indeed they further entertain us with , must be own'd altogether New , but withal too imposing upon this Age of ours , tho' too easily impos'd upon ; the Characters , I mean , given those of the Rump Oligarchy , and Officers of the Army , who suffer'd for no greater Offence than Ruine of King and Kingdom , are so extravagantly fulsom and false , as every one of the least Thought may justly suspect whatever they relate of other Matters , to be as far from Truth . Can any one imagine so foul an Original as they propound , should be worth copying ; for that , when first Drawn , it appear'd most monstrous , a kind of Gorgon , could not be look'd upon without Horrour and Detestation ? How , I say , could this latter Brood , these Sons of Innovation , think to make us enamour'd with a Commonwealth , when the only Persons they commend for the wise Administration thereof , never had any thing of sober Sence , or solid Principles ; as that Maggotty Hot-spur , Sir H. Vane , equally made up of Freak and Fury ; that Sink of all Immorality and Prophaneness , Harry Marten ; Corbet the Jew , Ludlow the Cynick , with twenty or thirty more , the most unclean , and withal unweildy Beasts that were ever pack'd together in one Stall ; no more fit to be the Guardians of a Nation , than so many Wolves to a Flock of Sheep : neither is it possible for any one to cry up and applaud them , as we find many now-a-days do , did they not lie under the like Lycanthropy . The Reflections likewise upon their Tryals are truly Commonwealthish , that is , most false and disingenuous , as , 't is hop'd , hath been all along shown , to the Satisfaction of every honest Man ; from such as are otherwise 't is not to be expected ; yet I could have told them , there were several Gentlemen , and some perhaps of both Houses , earnestly press'd for a Bill of Attainder , as of quicker dispatch , without going through the tedious Forms of Law , in so clear a Matter of Fact. And certainly , if such a Bill had been ever proper , 't was here : but the generality of the Nation were then grown so experimentally Wise , and thereupon Considerate , as to abhorr what they had seen so fatal in the Case of Laud , and Strafford , with numberless other Arbitrary Exorbitances , which many of themselves had most sadly felt from every prevailing Junto . Upon which account , great care was taken that the whole Current of Affairs should be brought into the old Channel ; no Man question'd either for Estate or Life , but according to the immemorial Vsages of our Ancestors ; and this was done with all Exactness imaginable , against so horrid , and withal so so unprecedented a Fact , as the like was never seen nor heard of among the Children of Men. And that now , after nigh Forty Years , this Regular Procedure should be arraign'd , basely represented , and the worthy Judges of the Court impudently slander'd , in the Remains , forsooth , of a Party so desperately engag'd , as , had he not fled from Justice , would have been one of the first brought under its most deserved Severity , is not a little surprising ; and yet to make it more , all this is made Publick by a Cabal of Men , with such high Elogium's upon their Persons , and tacit Justifications of their Treasons , as if none but Rebels and Regicides were worthy to Govern the Nation : And this may add a further Surprize yet , that such abominable Insolencies should be so tamely suffer'd , as if we had a mind once more to come under their cruel Clutches ; which , could the Innocent escape , should never be my concern , to see befall such as might prevent it if they pleas'd . The only thing therefore I shall further recommend , is a cautious Distrust of whatever these Part-taking Historians impose upon the World ; that we would Try their Spirits in a Civil as well as Religious sence , by which means it will soon appear how much they have , in each respect , of the Old Pharisee , the painted Sepulchre , with a great deal of flourish and positive Ostentation to set themselves of ; whereas , upon a thorough Search , there is nothing to be found underneath but the rotten Bones of Malice and Self-Interest , of Fraud , and Factious Designs , a reviving stale Lyes to foment fresh Mischiefs . And were this Course truly taken , would our Politico's , now-a-days so numerous , go to the bottom of Things , not content themselves with a superficial View , it would much abate their Critical Severities upon the Royal Cause , the Management of Affairs during those miserable Distractions of Rebellion and Anarchy . When the Battle is fought , and Day lost , every Pretender to the Blade will be forward to tell , at least guess where the Courage or Conduct fail'd ; who , had they been in Command , might have shown greater Defects upon each account . With as little regard to Candour and Judgment are the foremention'd Transactions most rashly run down ; since they cannot be presum'd to consider either , on the one hand , how difficult the Steerage was in those rough Seas ; nor , on the other , how much they expose themselves to the next Generation for greater Defects in much calmer Weather , when all those violent Storms of Popular Rage and Zealous Frenzy are much abated , and with due Application might have been quite down ; neither can it be otherwise expected , but that After-days should be as forward as ours , and perhaps with more Reason reflect what no Advances we have made upon many great Advantages : On the contrary , Religion hath been so long suffer'd to run a-float , as 't is now scarce possible to retrieve her from being lost ; and in what Posture our Civil-Administrations stand , we may not , but they will presume to judge . FINIS . Notes, typically marginal, from the original text Notes for div A31028-e280 P. 64. Pro Planc . Pol. lib. 4. c. 13. Tryal , p. 51. Tryals , P. 91. Try. p. 50. P. 75. P. 50. P. 3. Speech ▪ p. 22. Try. p. 88. Try. p. 87. Tryals , p. 150. Speeches , p. 29. Passages , and Speeches , p. 27. Tryal , p. 239. Hist . of Ind. Tryal , p. 251. Athen. Oxo . Vol. 2. 495. Hist . of Ind. p. 36. Col ▪ Okey's Sp. 75. Tryal of Sir H. V. p. 89. P. 95. Tryal of Sir H. V. Pag. 81. Jo. 16. 2. Tryals , p. 101. Rom. 2. 5. Nals . Col. 221. Dr. Burl. p. 145. Dr Burl. 217. 〈◊〉 to the 〈◊〉 punc ; Of the Power of Princes . Pag. 12● . 12 Car. II. D — y T — d St — ns Ps . 35. 19. — 69. 4. Jo. 15. 24 , 25. 
A82435	----	Anno Regni Caroli II. Regis Angliæ, Scotiæ, Franciæ, & Hiberniæ, duodecimo. At the Parliament begun at Westminster, the five and twentieth day of April, an. Dom. 1660 In the twelfth year of the reign of our most gracious soveraign lord Charles, by the grace of God, of England, Scotland, France, and Ireland, King, Defender of the Faith, &c. England and Wales. Sovereign (1660-1685 : Charles II) 1661 Approx. 216 KB of XML-encoded text transcribed from 75 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A82435 Wing E1095 Thomason E1075_27 99867538 99867538 119854 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A82435) Transcribed from: (Early English Books Online ; image set 119854) Images scanned from microfilm: (Thomason Tracts ; 160:E1075[27]) Anno Regni Caroli II. Regis Angliæ, Scotiæ, Franciæ, & Hiberniæ, duodecimo. At the Parliament begun at Westminster, the five and twentieth day of April, an. Dom. 1660 In the twelfth year of the reign of our most gracious soveraign lord Charles, by the grace of God, of England, Scotland, France, and Ireland, King, Defender of the Faith, &c. England and Wales. Sovereign (1660-1685 : Charles II) England and Wales. Parliament. 150 [i.e. 148], [2] p. Printed by John Bill, Printer to the Kings most Excellent Majesty, [London : 1660] [i.e. 1661] Contains the acts drafted by the Convention Parliament. List of additional acts not included: pp. 148-150. Signatures: A-Z² 2A-2G² 2H¹ 2I-2P² . Annotation on Thomason copy: "Jan 7". Reproduction of the original in the British Library. An act for the better ordering the selling of wines by retail -- An act for the levying of the arrears of the twelve moneths assessment commencing the 24th of June 1659, and the six moneths assessment commencing the 25 of December 1659 -- An act for granting unto the Kings Majesty, four hundred and twenty thousand pounds, by an assessment of threescore and ten thousand pounds by the moneth, for six moneths, for disbanding the remainder of the army and paying off the navy -- An act for further supplying and explaining certain defects in an act intituled An act for the speedy provision of money for disbanding and paying off the forces of this kingdom -- An act for the raising of seventy thousand pounds for the further supply of his Majesty -- An act for the attainder of several persons guilty of the horrid murther of his late Sacred Majestie King Charles the First -- An act for confirmation of leases and grants from colledges and hospitals -- An act for confirmation of marriages -- An act for prohibiting the planting, setting, or sowing of tobacco in England and Ireland -- An act for erecting and establishing a post-office -- An act impowering the master of the rolls for the time being, to make leases for years, in order to new build the old houses belonging to the rolls. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng England and Wales. -- Army -- Demobilization -- Early works to 1800. Wine and wine making -- Law and legislation -- Great Britain -- Early works to 1800. Taxation -- Law and legislation -- Great Britain -- Early works to 1800. Wool industry -- Great Britain -- Early works to 1800. Regicides -- Early works to 1800. Marriage law -- Great Britain -- Early works to 1800. Tobacco -- Law and legislation -- Great Britain -- Early works to 1800. Postal service -- Great Britain -- Early works to 1800. Great Britain -- Politics and government -- 1660-1688 -- Early works to 1800. 2007-04 TCP Assigned for keying and markup 2007-04 Aptara Keyed and coded from ProQuest page images 2007-07 Robyn Anspach Sampled and proofread 2007-07 Robyn Anspach Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Anno Regni CAROLI IJ. REGIS Angliae , Scotiae , Franciae , & Hiberniae , DUO DECIMO . At the Parliament begun at Westminster the Five and twentieth day of April , An. Dom. 1660. In the Twelfth Year of the Reign of Our most Gracious Soveraign Lord CHARLES , By the Grace of God , of England , Scotland , France , and Ireland , King , Defender of the Faith , &c. LONDON , Printed by JOHN BILL , Printer to the Kings most Excellent Majesty , 1660. CUM PRIVILEGIO . Anno XII . CAROLI II. Regis . An Act for the better ordering the selling of Wines by Retail , and for preventing Abuses in the Mingling , Corrupting , and Vitiating of Wines , and for setting and limiting the prices of the same . FOr the better Ordering of Selling of Wines by Retail in Taverns , and other places , and for preventing of abuses therein , Be it Enacted by the Kings most Excellent Majesty , by and with the consent of the Lords and Commons in Parliament assembled , and by the Authority of the same , That no person or persons whatsoever , from and after the Five and twentieth day of March One thousand six hundred sixty one , unless he or they be authorised and enabled in manner and form , as in this present Act is prescribed and appointed , shall sell or utter by retail , that is by the Pint , Quart , Pottle or Gallon , or by any other greater or lesser retail measure , any kinde of Wine or Wines to be drunk or spent within his or their Mansion-house or houses , or other place in his or their tenure or occupation , or without such Mansion-house or houses , or such other place in his or their tenure or occupation , by any colour , craft , or mean whatsoever , upon pam to forfeit for every such offence the sum of Five pounds ; the one moyety of every such penalty to be to our Soveraign Lord the King , the other moyety to him or them that will sue for the same , by Action of Debt , Bill , Plaint , or Information in any of the Kings Courts of Record , in which Action or Suit ▪ no Ess●ign , Wager of Law or Protection shall be allowed . And be it further Enacted by the Authority aforesaid , That it shall and may be lawful , to and for His Majesty , His Heirs and Successors , from time to time , to issue out under His or their Great Seal of England , one or more Commission or Commissions directed to two or more persons , thereby authorizing them to Licence , and give Authority to such person and persons , as they shall think sit , to sell and utter by retail , all and every or any kinde of Wine or Wines whatsoever , to be drunk and spent as well within the house or houses , or other place , in the tenure or occupation of the party so Licenced , as without , in any City , Town , or other place within the Kingdom of England , Dominion of Wales , and Town and Port of Berwick upon Twede ; and such persons as from time to time or at any time hereafter shall be by such Commission or Commissions as aforesaid in that behalf appointed , shall have power and authority , and hereby have power and authority to treat and contract for licence , authority and dispensations to be given and granted to any person or persons for the selling and uttering of Wines by retail in any City , Town or other place as aforesaid , according to the rules and directions of this present Act , and the true Intent and meaning thereof , and not otherwise , any Law , Statute , usage or custome to the contrary in any wise notwithstanding . And be it further enacted by the Authority aforesaid , That such persons as shall be commissioned and appointed by his Majesty , His Heirs or Successors as aforesaid shall be , and be called His Majesties Agents for granting Licences for the selling and uttering of Wine by retail ; And his Majesties said Agents are hereby authorized and enabled under their Seal of Office , the same to be appointed by his Majesty , to grant Licence for the selling and uttering of Wines by retail to any person or persons , and for any time or terme not exceeding One and Twenty years , if such person and persons shall so long live ; and for such yearly rent as they can or shall agree , and think fit , so as no Fine be taken for the same ; But that the Rent and summs of Money agreed upon and reserved , be payed and answered half yearly by equal portions during the whole Term. And be it further Enacted by the Authority aforesaid , That such Licence shall not be given or granted , but to such who shall personally use the Trade of selling or uttering of Wines by retail , or to the Landlord and owner of the house where the person useing such Trade shall sell and utter Wine by retail , nor shall the same be assignable nor in any wise beneficial or extensive to indempnifie any person against the penalties of this present Act , except the first taker . And be it further Enacted by the Authority aforesaid , That it shall & may be lawful to and for his Majesty , his Heirs & Successors , to constitute and appoint such and so many other Officers and Ministers , as a Receiver , Register , Clerk , Controller , Messenger or the like , for the better carrying on of this service , as He and they shall think fit , so as the Sallaries and Wages of all such Officers to be appointed , together with the Sallary or Wages of His Majesties said . Agents do not exceed six pence in the pound of the Revenue that shall hence arise . And be it further Enacted by the Authority aforesaid , That the Rents , Revenues , and sums of Money hence arising , except what shall be allowed for the Wages and Sallaries of such Officers and Ministers , which is not to exceed Six pence out of every Pound thereof , shall be duly and constantly paid and answered into His Majesties Receipt of Exchequer , and shall not be particularly charged or chargeable , either before it be paid into the Exchequer or after , with any Gift or Pension . And His Majesties said ▪ Agents are hereby enjoyned and required to return into the Court of Exchequer every Michaelmas and Easter Terms , upon their Oaths ( which Oaths the Barons of the Exchequer , or any one of them , are hereby authorized to administer ) a Book fairly written , containing a true & full account of what Licences have been granted the preceding half year , and what Rents and sums of money are thereupon reserved , and have been paid , or are in arrear , together with the Securities of the persons so in arrear , to the end due and speedy Process may be made out according to the course of the Exchequer , for the recovery of the same . Provided always , That this Act , nor any thing therein contained , shall not in any wise be prejudicial to the priviledge of the two Vniversities of the Land , or either of them , nor to the Chancellors or Scholars of the same , or their successors ; but that they may use and enjoy such priviledges as heretofore they have lawfully used and enjoyed , any thing herein to the contrary notwithstanding . Provided also ▪ That this Act , or any thing therein contained shall not extend or be prejudicial to the Master , Wardens , Freemen and Commonalty of the Mystery of V●●tners of the City of London , or to any other City or Town-Corporate but that they may use and enjoy such Liberties and Priviledges as heretofore they have lawfully used and enjoyed , any thing herein contained to the contrary notwithstanding . Provided also , and be it Enacted by the Authority aforesaid , That this Act , or any thing therein contained , shall not in any wise extend to debar or hinder the Major and Burgesses of the Burrough of St. Albans in the County of Hertford , or their successors , from enjoying , using and exercising of all such Liberties , Powers and Authorities to them heretofore granted by several Letters Patents under the Great Seal of England , by Queen Elizabeth and King James of famous memories , for the Erecting , Appointing , and Licensing of Three several Wine-Taverns within the Burrough aforesaid , for and towards the maintenance of the Free-School there ; but that the same Liberties , Powers and Authorities shall be , and are hereby established and confirmed , and shall remain and continue in and to the said Major and Burgesses and their successors , to and for the Charitable use aforesaid , and according to the tenor of the Letters Patents aforesaid , as though this Act had never been made , any thing herein contained to the contrary in any wise notwithstanding . Provided also , That it shall not , nor may be lawful to or for any Officer or Officers to be appointed by His Majesty for the carrying on of this service , to take , demand , or recei●e any Fees , Rewards , or summs of money whatsoever , for or in respect of this Service , other then Five shillings for a Licence , Four pence for an Acquittance , and Six pence for a Bond , under the ●enalty of Ten pounds , one moiety thereof to the Kings Majesty , the other moiety to the person or persons who shall sue for the same , by action of Debt , Bill , Plaint , or Information , wherein no Wager of Law , Essoign or Protection shall be allowed , Any thing herein , or any other matter or thing to the contrary notwithstanding . And it is hereby further Enacted by the Authority aforesaid , That no Merchant , Vintuer , Wine-Cooper or other person , selling or retailing any Wine , shall mingle or utter any Spanish Wine , mingled with any French Wine , or Rh●●ish Wine , Sider , Perry , Hony , Sugar , Syrops of Sugar , Molasses , or any other Syrops whatsoever , nor put in any Isinglass ; Brimstone , Lime , Raisins , Iuice of Raisins , Water , nor any other Liquor nor Ingredients , nor any Clary , or other herb , nor any sort of Flesh whatsoever ; And that no Merchant , Vintner , Wine-Cooper , or other person selling or retailing any Wine , shall mingle or utter any French Wines mingled with any Rhinish Wines or Spanish Wines , Sider , Perry , Stummed Wine , Vitriol , Hony , Sugar , Syrop of Sugar , Molasses , or any Syrops whatsoever , nor put in any Isinglass , Brimstone , Lime , Raisins , Iuice of Raisins , Water , nor any other Liquor or Ingredients , nor any Clary or other herb , nor any sort of flesh whatsoever ; And that no Merchant , Vintner , Wine-Cooper or other person selling or retailing any Wine , shall mingle or utter any R●inish Wine mingled with any French Wines , or Spanish Wines , Sider , Perry , Stummed Wine , Vitriol , Hony , Sugar , Syrops of Sugar , Molasses , or any other Syrops whatsoever , nor put in any Isinglass , Brimstone , Lime , Raisins , Iuice of Raisins , Water , nor any other Liquor or Ingredients , nor any Clary or other herb , nor any sort of flesh whatsoever : And that all and every person and persons committing any of the offences aforesaid , shall incur the pains and penalties herein after mentioned : That is to say , Every Merchant , Wine-Cooper , or other person selling any sort of Wines in gross , mingled or abused as aforesaid , shall forfeit and lose for every such offence , One hundred pounds ; And that every Vintner or other person selling any sorts of Wine by retail , mingled or abused as aforesaid , shall forfeit and lose for every such offence , the sum of Forty pounds ; of which forfeitures , one moyety shall go unto the Kings Majesty , His Heirs and successors , the other moyety to the Informer , to be recovered in any Court of Record by Action of Debt , Bill , Plaint or Information , wherein no Essoigne , Protection , or Wager of Law shall be allowed . Provided always , and be it Enacted , That from and after the First day of September , One thousand six hundred sixty and one , no Canary Wines , Muskie or Alegant , or other Spanish or sweet Wines , shall be sold or uttered by any person or persons within His Majesties Kingdom of England , Dominion of Wales , and Town of Berwick upon Twede , by retail , for above Eighteen pence the quart : And that no Gascoigne or French Wines whatsoever , shall be sold by retail , above Eight pence the quart ; And that no Rhinish Wines whatsoever shall be sold by retail , above Twelve pence the quart ; ( And according to these Rates , for a greater and lesser quantity , all and every the said Wines shall and may be sold ) upon pain and penalty that every such person and persons who shall utter or sell any of the said Wines by retail , that is to say , by Pint , Quart , Pottle , or Gallon , or any other greater or lesser retail-measure ▪ at any rate exceeding the rates hereby limited , do and shall forfeit for every such Pint , Quart , Pottle , Gallon , or other greater or lesser quantity so sold by retail , the sum of Five pounds ; the one moyety of which forfeiture shall be to our Soveraign Lord the King , His Heirs and successors , and the other moyety to him or them that will sue for the same , to be recovered in manner and form as aforesaid . Provided nevertheless , That it shall and may be lawful to and for the Lord Chancellor of England , Lord Treasurer , Lord President of the Kings Council , Lord Privy Seal , and the two Chief Iustices , or Five , Four , or Three of them ; And they are hereby Authorized yearly and every year between the Twentieth day of November , and the last day of December , and no other times , to set the Prises of all and every the said Wines to be sold by retail as aforesaid , at higher or lower rates then are herein contained , so that they or any of them cause the Prises by them set to be written , and open Proclamation thereof to be made in the Kings Court of Chancery yearly in the Term time , or else in the City , Burrough ▪ or Towns Corporate where any such Wines shall be sold ; And that all and every the said wines shall and may be sold by retail at such Prises as by them , or any Five , Four , or Three of them shall be set as aforesaid , from time to time , for the space of one whole year , to commence from the First day of February next after the setting thereof , and no longer , and no greater prises under the pains and penalties aforesaid , to be recovered as aforesaid , and afterwards : And in default of such setting of prises by the said Lord Chancellor of England , Lord Treasurer , Lord President of the Kings Council , Lord Privy Seal , and the Two Chief Iustices , or Five , Four , or Three of them , as aforesaid , at the respective Rates . and Prises set by this Act , and under the penalties as aforesaid , to be recovered as aforesaid . Anno XII . CAROLI II. Regis . An Act for the Levying of the Arrears of the Twelve Moneths Assessment commencing the 24 th . of June 1659 , and the Six Moneths Assessment commencing the 25. of December 1659. WHereas there are severall great summs of money , yet uncollected and in Arrear , And divers summs of money in the hands of the Collectors and not payed in , due upon the twelve moneths Assessment commencing the Twenty fifth of December One Thousand six Hundred Fifty nine , for payment of the Arrears of his Majesties Army now disbanding , and to be disbanded , notwithstanding all former Orders , and His Majesties Proclamation for the speedy levying and collecting thereof . Be it therefore Enacted by the Kings most Excellent Majestie , and the Lords and Commons in this present Parliament assembled , and by the Authority of the same , That the Commissioners nominated and appointed in the respective Counties , Cities and Corporations of this Kingdome , the Dominion of Wales , and the Town of Berwick , in an Act made this present Parliament for the speedy provision of money for disbanding and paying of the Forces of this Kingdome both by Land and Sea , do forthwith cause all the said ▪ Arrears to be levied & collected by such wayes and means , as the same was formerly appointed to be levied and collected ; And likewise all such summs of money as remain in any Collectors hands to be speedily payed in , to Iames Nelthorp and Iohn Lawson Esquires late Treasurers at war , for and towards the speedy disbanding and paying off the said Forces . Provided alwayes , That the summe of Five Hundred and Twenty Pounds and Twelve Shillings disbursed by Robert Quarum Receiver Generall of the County of Cornwall , by the desire and direction of the Commissioners of Assessments , and other Gentlemen of the said County , for the publique service of the Kingdome . And also the summe of Seventy Pounds disbursed by the Town of Lyme Regis in the County of Dorset for the same service , shall be and are hereby discharged and allowed unto the said Receiver and Town of Lyme Regis , as if the same had been actually payed in to the Treasurers appointed to receive the same , Any thing in this Act to the contrary thereof in any wise notwithstanding . Anno XII . CAROLI II. Regis . An Act for granting unto the Kings Majesty , Four hundred and twenty thousand pounds , by an Assessement of Threescore and ten thousand pounds by the Moneth , for six Moneths , for Disbanding the remainder of the Army , and paying off the Navy . WHereas it was well hoped , That the moneys Enacted to be raised by several Acts of this Parliament , That is to say , One Act Entituled , An Act for the speedy provision of money , for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea. And one other Act Entituled , An Act for supplying and explaining certain defects in an Act , Entituled , An Act for the speedy provision of money for the disbanding and paying off the Forces of this Kingdom both by Land and Sea. And one other Act Entituled , An Act for raising Sevenscore thousand pounds for the compleat disbanding of the whole Army , and paying off some part of the Navy , would have effectually sufficed to have compleatly disbanded the Armies and paid off the Navy ; But by the slow coming in of the same moneys , the growing charge being still kept on , the same cannot be effected without further supply ; And if no further supply should be made , the growing Charge would become insupportable : The Commons Assembled in Parliament , do therefore give and grant unto Your most Excellent Majesty , for the uses herein after expressed , and no other , the sum of four Hundred and twenty thousand pounds to be raised & levyed in manner following : And do humbly pray Your most Excellent Majesty , That it may be Enacted , and be it Enacted by the Kings most Excellent Majesty , by , and with the advice and consent of the Lords and Commons in this present Parliament Assembled , That the sum of Threescore and ten thousand pounds by the Moneth , for six Moneths , beginning from the first day of January , One thousand six hundred and sixty , shall be Assessed , Taxed , Collected , Levyed and Paid in the several Counties , Cities and Burroughs , Towns and Places within England and Wales , and the Town of Berwick upon Tweed , according to such rates , rules , and proportions , and by the same Commissioners , as in and by a certain Act past this Parliament , Entituled An Act for raising of Sevenscore thousand pounds for the compleat disbanding of the whole Army , and paying off some part of the Navy , which said Commissioners shall meet on , or before the twelfth day of Ianuary , One thousand six hundred and sixty , and are hereby enabled to use and execute all and every the like Rates ▪ Rules , Proportions , Powers and Authorities , as in and by the said Act are mentioned and referred unto , or expressed , as fully and amply , as if the same had been particularly inserted in this present Act. And be it further Enacted , That the sum of Two hundred and ten thousand pounds , being one moyety of the six months Assessment , hereby imposed , shall be assessed , collected , levyed and paid in to the Receiver or Receivers General , who shall be appointed by the said Commissioners , upon or before the first day of February , One thousand six hundred and sixty . And the other Two hundred and ten thousand pounds residue thereof , upon or before the first day of April , One Thousand six hundred sixty one . And be it further Enacted , that all and every the sums to be collected and levied by vertue of this present Act , shall be paid at the Guild-Hall of the City of London , unto Sir George Cartwright , Sir Richard Brown Lord Mayor of the City of London , Sir Iames Bunce , Sir William Wheeler , Sir William Vincent , Thomas Rich Esq ; and the Chamberlain of the City of London for the time being , who are hereby appointed Treasurers for the Receipt thereof , and the Acquittances of them , or any threé of them , shall be a sufficient discharge for so much as shall be received by vertue of this Act , to any person or persons who shal pay in the same . And whereas there is a present necessity of raising of Eighty thousand pounds , Be it Enacted by the Authority aforesaid , That if any person or persons of the City of London , or any other place , who hath or have advanced any monies upon the Credit of an Act of this Parliament , Entituled , An Act for raising Sevenscore thousand pounds , for the compleat disbanding of the whole Army , and paying off some part of the Navy , shall continue the Loane of such monies upon the Credit of this Act , and Declare the same under his or their hands , unto the Treasurers by this Act appointed , before the One and thirtieth day of December , One thousand six hundred and sixty ; And if any other person or persons shall advance one hundred pounds or upwards upon the Credit of this Act , and before the Tenth day of Ianuary , One thousand six hundred and sixty , pay the same unto the said Treasurers , then every such person and persons so continuing or advancing as aforesaid , shall not only do a very acceptable service , but shall also receive from the said Treasurers out of the last One hundred and ten thousand pounds , which shall be received upon the second payment appointed by this Act , his and their principal money , with Interest , at the rate of Ten pounds per cent . per annum , from the time of such declaration and advancement respectively , any Law , Act or Statute to the contrary notwithstanding . And the said Treasurers are hereby required to make payment accordingly , and not to receive any more money to be advanced as aforesaid , then what with the money so to be continued will amount to Eighty thousand pounds . And be it further Enacted , That the Treasurers by this Act appointed , shall receive for them , and those to be employed under them in this Service , One penny in the pound , in such manner as they ought to receive by the Act last before mentioned . And be it further enacted , That all and every the sums of money which by vertue of this present Act shall be paid to or received by the Treasurers aforesaid , shall from time to time be issued out according to such Warrants and Directions onely , as they or any three of them shall receive from the Commissioners named in one Act of this present Parliament , Entituled , An Act for the speedy disbanding of the Army and Garisons of this Kingdom , or threé of them , who are hereby required and enjoyned at their perils , to take care and provide , that the moneys so as aforesaid to be issued out , be employed onely to the uses , intents and purposes hereafter following , and to no other use , intent , or purpose whatsoever , that is to say , Principally and in the first place , for and towards the total disbanding of the present Army and Garrisons , until that work be fully perfected and compleated according to such Rules and Instructions , as touching the disbanding of the Army in the said Act last mentioned , are contained . And after the Army shall be wholly disbanded , then the residue of the moneys to be raised by vertue of this present Act , or due , or behinde on any former Act , shall be employed for and towards the paying off of the Fleét and Navy , according to such Rules . Orders , and Instructions , as touching the payment of the Navy , are herein after-mentioned , and not otherwise . And be it further enacted , That an accompt of all the moneys by vertue of this Act to be received , shall be given by the said Treasurers to this or any other succeéding Parliament , which shall require the same , or to such person or persons , as by this or any other succeéding Parliament shall be thereunto appointed : Provided always , and it is hereby declared , That nō Mannors , Lands , Tenements , and Hereditaments which were formerly assessed and taxed for and towards former Assessments and Land-Taxes , and are now in the possession or holding of His Majesty , or of the Queéns Highness , or of any Ecclesiastical person or persons , or His , Her , or their Farmers and Tenants , shall be exempted from the payment of the several sums of mony in this Act comprized ; but that the said Mannors , Lands , Tenements and Hereditaments , shall be rated , assessed and taxed for and towards the said several sums of money in this Act comprised , in such manner and form as they were of late rated , taxed , and assessed for and towards the said former Land-Rates , any Law , Statute or Custom to the contrary thereof in any wise notwithstanding . Provided also , that nothing herein contained shall be drawn into example to the prejudice of the ancient Rights belonging to the Peers of this Realm . And be it declared and enacted by the Authority aforesaid , that these persons hereafter named shall be added Commissioners for their several Counties , Places and Precincts respectively , and shall exercise the same powers as the other Commissioners intended by this Act are authorised and impowered to do , That is to say ; Berks. For the County of Berks , Peregrine Hobby , Richard Harrison Esqs ; John Fecciplace of FernehamEsq ; Samuel Woodcox . Borrough of New Windsor . For the Borrough of New Windsor , Andrew Plumpton , Richard Fishburne , Gent. Bucks . For the County of Bucks , William Tirringham Esq ; Sir T●omas Hampson Baronet , Sir Philip Palmer Baronet , Anthony Ratcliff Esq ; Cambridge . For the County of Cambridge , Sir Thomas Dayrel , John Bennet Esq ; Sir Anthony Cage , Levinus Bennet . Isle of Ely. For the Isle of Ely , Roger Jennings Esq ; Chester . For the County of Chester , Sir George Warburton Baronet , Edward Warren , Jeffery Shakerley , Henry Leigh , Esqs ; City of Chester . For the City and County of the City of Chester , The Major for the time being . Cornwal . For the County of Cornwal , Robert Roberts Esq ; Sir William Tredinham , Joseph Tredinham , Thomas Penhallow , the Knights and Burgesses that serve for the said County , and Iames Eirsey Gent. The Major of Lostwithel for the time being , Iohn Mollesworth Esq William Williams of Trenythen . Cumberland . For the County of Cumberland , Mr. Anthony Bouch , Mr. Richard Uriell , Mr. Thomas Croswhat , Mr. Robert Webster . Devon. For the County of Devon , Nicholas DaviesDoctor of Physick , William Jennens Gent. Edmond Tremayne , William Putt , John Kellond , William Bogan , George Howard , Iohn Kelly , Iames Rodd Esquires , Walter Jago , Francis Drew , Esq ; William Walrond Esq ; John Blagdon Gent. Iohn Hamm Gent. Henry Newte . York . For the West-Riding in the County of York , Welbury Norton , Rob●rt Wivell Esquires , Richard Roundhil Gent. William Hamond , Walte● Hawksworth Esquires , Cuthbert Wade , Iohn Preston Gent. Arthur Ingram Esq ; Edward Atkinson , William Witham Gent. Samuel SunderlandEsq ; Thomas Ward Gent. Sir William Ingram Knight , Sir John Goodrick Baronet , Sir Tho. Wentworth , Sir Edward Rodes , Knights , Godfrey Copley of Sprotsbrough , John Clayton , Ioshua Horton , Thomas Stringer Esqs . The Alderman of L●edes for the time being . York Northriding . For the Northriding in the County of York , Sir William Caley , Arthur Caley Esq . William Wivell Esq . Sir Tho. Gower Baronet , Thomas VVorsley , Charles Tankred Esqs . Sir William Francklyn Baronet , the Bailiffs of Scarboroughfor the time being , Tristram Fish , Robert Belt , Esq . Thoms Robinson , Thomas Scudamore Esq . York City . For the City and County of the City of York , all the Aldermen of the City of York . Kingston upon Hull . For the Town of Hull , Mr. George Crowle . Essex . For the County of Essex , Mr. Edward Glascock , Mr. M●les Hubbert , Mr. Iohn Smart , Capt. Hunter , Dean Tindal Esq . Isaac Wincall , Thomas Clopton , Thomas Peck , Peter Iohnson , Thomas Manby Esq . Gloucester . For the County of Gloucester , Thomas Freame , Tho. Floyde , Samuel Sheppard , Phillip Sheppard , VVilliam Morgan , Richard Daston , Iohn TookeEsq . Robert Lord Tracy , Thomas Morgan Esq . Sir Nicholas Throckmorton Knight , VVilliam Bromage Gent. VVilliam VVinter of DimmockGent . Richard Matchen Gent. Iohn WynnyattGent . Thomas Aylway Gent. Hereford . For the County of Hereford , Sir Herbert ParretKnight , John Barnaby of Brookehampton esq . Thomas Baskervile of Collington Gent. John Boothof Hereford Esq . City of Hereford . For the City of Hereford , Thomas Davies Esq . Major , James Lawrence Gent. Tho. Clerk Gent. Hertford . For the County of Hertford , Marmaduke Rawden , Iames Willimott Iunior Gent. Thomas ArrasDr . of Physick , Richard Coombes Esq . Sir Robert Ioslyn Knight , Thomas Cappin , Edward Briscoe , Iohn Halsie Esq . Mr. Fetherston of Blackeswere , Edward Brograve , Ralph Gore , Thomas Brograve , Edward Cason , Thomas Bonest , Henry Becher , Henry Chancey , George Bromley , Alexander Meade , Iohn Crouch , Iames Willimort Iunior , George Poyner Gent. Iohn Iesson Esq . St. Albans . For the Borrough of St. Albans , William FoxwistEsq . Recorder , Mr. Iohn New , Mr. Edward Eames , Mr. Thomas Cawley Senior , Mr. William Marston , Sir Henry Connyngsby , Edmond Smith , Alban Cox , Richard Combes Esq . Thom. MarstonGent . Kent . For the County of Kent , Sir William Mann , Sir Edward Masters , Thomas Peake esq . Sir Tho. Godfrey , The Major of Maydston for the time being , Sir William Meredeth Baronet , Sir Thomas Preise Baronet , Mr. Richard Manley , Mr. Thomas Manley . Sandwich . For the Town of Sandwich , Iohn Verrier , Peter Peke Gent. Lancaster . For the County of Lancaster , Henry BanisterEsq . Ieoffry Rushton Gent. Richard FleetwoodGent . Iohn Molineux esq . VVilliam Fif●esq . Sir George Middleton Knight and Baronet , Mathew Richardson esq . Robert Heywood Esq . Roger Stowton of the City of London , Thomas Butler , R●chard Farrington , VVilliam VVall , William Turner , Henry Brabin , VVilliam HodgkensonGent . Lincoln . For the County of Lincoln , and City and County of the same , Edward Turney , William Lister , Esqs , Sir Robert Dallison Baronet , Sir Charles Dallison Knight , William Draper , Samuel P●octor , William Thompson , Humphrey Walcot , Thomas Mills , Maurice Dalton , Iohn Watson , William Willoughby , Henry Heron , Marm●duke Darrel , Iohn Ogle , Anthony Treadway , William Skipwich , Thomas Browne of Eastkirby ; Iohn Almore , Mr. Skinner of Thornton Colledge , Tho. Harrington , William Whichcot , Charles PelhamIunior , Roger Pelham , Mr. Iohn Lockton , Mr. Iohn Hobson Iunior , Mr. Henry Hall , Mr. Charles Bawdes , Mr. Iohn Colthurst , Mr. William Bishop , and Mr. Edward Blaw , Aldermen , Mr. William Perkins , Mr. Thomas Mills , Mr. Peregrine Buck , Mr. William Dowman , Mr. Thomas Dickenson , Mr. Iohn Thornton , and Richard Wetherel , Aldermen . London . For the City of London , Nicholas Delves Esq . Benj●min Albin , Richard Spencer . Middlesex . For the County of Middlesex , Sir Iohn RobinsonBaronet , Lieutenant of the Tower , Sir Richard Browne , Thomas Bride , Thomas Harrisonof South-Mins , Sir VVilliam Bareman , Lieut. Col. Powel , Charles Pitfeild Esq . Robert Peyton , Iohn Iones , Iohn Limbrey , Edward Chard , Richard Shelton Esq . VVilliam Page Esq . Roger IennynsEsq . Sir Heneage Finch Baronet His Majesties Sollicitor General , Cheney of HackneyEsq . Lieut. Col. Powel , Charles Cheney of Chelsey , Christopher Abdy Esq . Sir Allen Broadricke , Iohn Barton Esq . Westminster . For the City of VVestmiuster , and Liberties thereof , Gabriel Beck Esq . Mr. Graham , Peter Maplesden , George Plunknett , Thomas Kirke , VVill. Greene , George Farewell , Ralph Darnall . Monmouth . For the County of Monmouth , VVilliam Ionesof Frowen Esq . Iames Proger , Charles Proger . Northampton . For the County of Morthampton , Edward Onely Iohn Thorton , Iohn VVilloughby Esqs . Norfolk . For the County of Norfolk , George Windham , Robert Doughty of Hanworth , Robert Legar , Esquires , Henry Scarborough Gent. Mr. John Roops , Mr. Thomas Talbot , Mr. Henry Blackborne , Gent. Borough of Lyn Regis . For the Borough of Lyn Regis , John BassetMajor , Robert Steward Esq ; Recorder , Thomas Greene , William Wharton , Henry Bell , Robert Thorowgood , Alderman Holley . Great Yarmouth . For the Town of Great Yarmouth , Nicholas Cutting , James Simons Bailiff there , Sir John Potts Knight and Baronet , Sir William DoyleyKnight , Sir Thomas Me●ow Knight , Thomas Gooch , George England , John Carter , Nathaniel Ashby , Thomas Lucas , Iohn Woodroff , Iames Iohnson Esquires , George Tilyard Gent. Thetford . For the whole Borough and Corporation of Thetford , the Major for the time being , John Kendal Gent. Mr. Bourage Martin , Maurice Shelton , Esquires , Robert Keddington Gent. Mr. Nicholas Rookwood , Mr. Robert Wright of Kilveston . Newcastle upon Tine . For the Town and County of Newcastle upon Tine , Sir Nicholas Cole Knight and Baronet , Sir Francis Bows Knight , Sir Francis Anderson Knight , Sir Iohn Marley . Nottingham . For the County of Nottingham , Francis Sandi●Esq ; Thomas Bristow , William Newton , Gentlemen . East-Retford . For the Borrough of East-Retford , the Bailiffs for the time being . Oxon. For the County of Oxon , William Glyn , John West , Esquires , Iohn Coker Gent. Iames Herbertesq ; Sir Thomas Tippin . University of Oxford . Mr. Robert Withers , Mr. Edward Master , Mr. David Thomas , Mr. Gregory Ballard , Mr. Timothy Horton . The City of Oxford . For the City of Oxford , Francis Holloway , William Cornish . Salop. For the County of Salop , Charles Baldwin , Samuel Baldwin , esquires , Mr. Moore of Middleton , Mr. Bushop of the Moore , Benjamin Buckley . Stafford . For the County of Stafford , Thomas Rudiardesq ; Iohn Colelough , Timothy Edge , Gentlemen . Somerset . For the County of Somerset , William Orangeesq ; VVilliam Bacon Senior , Gent. Iohn Cridland Gent. Mawdley Samborne , Iohn Carew , Roger Newborough , Iames Haise , esquires . For the City of Bristol . For the City and County of the City of Bristol , The Major and Sheriffs for the time being , Iohn Knight the elder , VVilliam Coulston , Iohn Bradway , VVilliam Coles . For the City of Bathe . For the City of Bathe , Iohn Vane , Iohn Masters , Aldermen . Southampton . For the County of Southampton , with the Town and County , Mr. Essex Powlet , Richard Lucy , Gabriel VVhistler , esq ; Isle of Wight . For the Isle of VVight , Thomas Bowremanesq ; Iohn Oglander of Newport Gentleman . Suffolk . For the County of Suffolk , George VViniffe , William Blumfield , esquires , Mr. Iohn Brooke , Mr. Milton of Ipswich , Mr. Edmond Bedingfield , Mr. Francis Langley , Mr. Thomas Read , Mr. Rabbit of Bramfield , Isaac Matham esquire , Gardiner Web Gent. St. Edmunds Bury . For St. Edmonds Bury , Francis Smith , Robert Sharpe , Samuel Hustler . Surrey . For the County of Surrey , Edward Evelin , Iohn Yates , Richard Knipe , esquires , Mr. Iohn Parker , Sir Purbeck Temple , Sir Thomas Bludworth , Knights , Thomas Rogers , Charles Good-Harman-Atwood , esquires , Iohn Parker of Rigate . Rye in the County of Sussex . For the Town of Rye , Samuel Bembrigg , Iames VVelsh , Thomas Osmonton . Worcester . For the Town of Worcester , Sir Iohn PackingtonBaronet , Sir Rowland Berkley Knight , Sir Iohn Winford Knight , Samuel Sandys , Henry Townsend , Iohn Bearcroft , esquires , Sir Ralph Clare , Knight of the Bath . Worcester City . For the City and County of the City of Worcester , Edward Soley Alderman , Samuel Smith , Thomas Twitty , Gentlemen , Henry Townsendesq ; Sir William Mooreton Knight , Humphrey Tyrer , Richard Heming , Stephen Richardson , Gentlemen , Sir Iohn Packington , Sir Rowland Berkley , Sir Ralph Clare , Sir Iohn Winford , Samuel Sandys esq ; Warwick . For the County of VVa●wick , Listerof Alveston Esq . Richard Bishop of St●atford Esq . Coventry . For the City and County of the City of Coventry , Sir Arthur Caley Knight , The Maior of Coventry for the time being , H●nry Smith Alman , Sir Richard Hopkins Knight , William Iesson , Thomas Norton Esqs . Mr. Thomas Love , Mathew Smith , Samuel Snell , William Ielliffe , Robert Beak , Iames Na●er Aldermen . Town of Warwick . For the Town of Warwick , Sir Henry PuckeringBaronet , Sir Clement ThrockmortonKnight , 〈◊〉 Rouse , Nathaniel Stoughton , Iohn Stanton Esqs . Lister of Alveston Esq . Richard Bishop of Stra●ford . Wilts . For the County of Wiltes , Waltes Buckland , Thomas Mompesson , William Caley esqs . Mathew Rayman Gent. Tho. Hunt Gent. Robert Chandler , Robert Nicholas of Alcainings , William BroomewichGent . Samuell Eyre Gent. Simon SpatchurstEsq . Christopher Gardiner Gent. Mr. Francis Par●y . Sarum . For the City of New Sarum , Samuel Eyre Gent. Symon Spatchurst esq . Christopher Gardiner Gent. Anglesey . For the Isle of Anglesey , Robert Lord Viscount Bulkley . Brecon . For the County of Brecon , William Iones , Iohn Gwyn , Henry Stedman , Edward Powell . Cardigan . For the County of Cardigan , Iames Phillips , Morgan Herbert , Thomas Ienkins , Erasmus Lloyde , Thomas Evans , Henry Vaughan , Thomas Price the elder , Esquires ; Thomas Lloyde of Yinshen , Morris Vaughan , Iohn Price , Gent. Thomas Par●y , Reighnold Ienkins , Iohn Bowin , Thomas Lewis , ●●ector Phillips , Nic●olas Lewis , VVilliam Iones , Abel G●●ffin , Esqs ; VVactkin Lloyde , Iohn Griffith of Noyadd , Gentlemen ; The Major of Cardig●mfor the time being , Rees Gwin , David Morgan , Aldermen . Carmarthen . For the County of Carmarthen , Jonathan Lloyde , Walter Lloyde , Walter Mansell . Carnarvon . For the County of Carnarvon , Griffith Bodurda , John Lloyd●of Naugwhnadale , Robert Wynn of Conway , William VVynn of Pengwoone , VVilliam Thomas of Carnarvon , Ionathan Lloyde , VValter Lloyde , VValter Mansell . Denbigh . For the County of Denbigh , Francis Manly Esq ; Flint . For the County of Flint , Ken●ick Eaton , Esq ; Glamorgan . For the County of Glamorgan , Iohn Price , of Courtcarne , Morgan Morgan , Esq ; Mountgomery . For the County of Mountgomery , VVilliam Oakely , Edmond VVareing of Oldbury , David Morrice , Esqs ; Iohn Matthews , Henry Pu●sel , Iohn Kiffin , VVilliam Price of Lanligan , Iohn Lloyd of Conway . Haverford-West . For the Town and County of Haverford-west , Sir Herbert Perrot , Knight , VVilliam Browne , Alderman . Rules , Orders , and Instructions for the discharging and paying off the Navy , and other Debts relating thereunto . I. THe Commissioners hereby appointed for disbanding of the Army , and discharging the Navy , shall proceed therein in manner following , viz. First they are to disband the remaining part of the Army according to the former Rules in that behalf made ; which done , they are then first to discharge and pay off those Sixty five ships which are now out of Imployment , and of them in the first place , those whose Commanders , Officers and Seamen , have the least pay due to them ; And after them they are to pay off the men aboard those Thirty six ships now in His Majesties Service , who entred on his pay the Twenty fourth of June last . II. That all the Commanders , Officers and Mariners who served in person , and were in Service upon any of the Sixty five of his Majesties ships , on the Twenty fifth of April , One thousand six hundred and sixty , and have taken the Oaths of Allegiance and Supremacy , or shall take the same , when they shall be thereunto required , and have not since deserted the Service , nor been discharged for Misdemeanor , shall with all convenient speed have their Accompts stated ( by the Auditors hereafter appointed ) and thereupon receive all their Arreats of their pay from the fourteenth of March One thousand six hundred fifty eight , to the day of their discharge ; And the Commanders Officers , and Mariners of the aforesaid Thirty six ships which were in service on the Twenty fifth of April , One thousand six hundred and sixty , and have taken the Oaths of Allegiance and Supremacy , or shall take the same as aforesaid , and have not deserted the Service , shall have their Accompts stated as before , and receive their pay from the said Fourteenth of March , One thousand six hundred fifty eight , until the Twenty fourth of Iune , One thousand six hundred and sixty next following . And the Commissi●ners appointed by this Act , shall upon sight of the Accompts so stated as before , cause the send Captains , Officers and Mariners Wages , successively to be payed by the Treasurers appointed by this Act , out of the money which shall come in of the six Months Assessment , or any other money , heretofore appointed for the paying or disbanding the Army , and discharging the Navy . And if any further Arrears shall be claimed and appear to be due to any such Commanders , Officers or Mariners in service as aforesaid for service at Sea , from or after the fourteenth of March , One thousand six hundred fifty seven , and to , or before the fourteenth of March , One thousand six hundred fifty and eight , That in such case the Auditors hereby appointed , shall examine all such Arrears , and draw up a State thereof to be presented to the next Parliament in order to their satisfaction . III. That no money be paid or allowed to any person before-mentioned for any short allowance of Victuals , made or pretended to be made them , either at Sea , or in Harbor : And if it shall appear , That any Money , Clothes , Goods , Wares , or Merchandices , have beén paid or sold by any Publick Minister , Officer , or other person , to any Commander , Officer , or Seaman of the aforesaid Ships , upon accompt of their pay , since the Fourteenth of March , One thousand six hundred fifty eight ; in such case , all the said moneys so paid , and the value of the Clothes , Goods , Wares , and Merchandices so sold and delivered within the time of their said service , shall be defaulked out of their pay aforesaid : And the sums so defaulked shall be paid by Warrants of the Commissioners , charged on the Treasurers , unto such person and persons to whom the same of right belongeth , out of the money that shall come in of the six moneths Assessment , or any other moneys heretofore appointed for paying or disbanding of the Army and Navy , in course next after the Commanders , Officers , and Seamen are paid . IV. That after the accompts of the Commanders , Officers , and Seamen are stated , then the Auditors shall state the accompts of the Ship-Keépers : And of all Officers on shore in the Yards , and Store-houses , at Deptford , Woolwich , Chatham , Portsmouth , Harwich , and other places , to be stated from the Fourteenth of March One thousand six hundred fifty eight , to the Twenty fourth of June last past ; after the Rates accustomed to be paid by His Majesty , and according to their several Capacities , at which time the said Commissioners are to give them Warrants , charged upon the Treasurers , to pay them their several sums out of the money that shall come into their hands of the six moneths assessment , or any other money heretofore appointed , for paying or disbanding of the Army and Navy in course next after the Common Marriners , Seamen , Commanders , Officers , and their Servants , are discharged and paid , and the money from them defaulked as before , fully satisfied . V. That the said Auditors shall state the accompts of the Victuallers from the said Fourteénth day of March , One thousand six hundred fifty eight , to the day of the several Ships discharge , for as many as are out of employment as before ; and to the Twenty fourth day of June , for the remaining part of the Navy now in His Majesties service in the Winter Guard , and assign them payment in course on the Treasurers before-mentioned , to be paid out of the money remaining in their hands , out of the six Moneths Assessment , or any other money heretofore appointed for the paying or disbanding of the Army and Navy , next after the sums formerly ordered are paid . VI. That the Auditors shall from the said Fourteenth of March , One thousand six hundred fifty eight , state the accompts of all men that shall or may justly claim any money for Quarters , and Cures of the Sick , and Wounded Seamen ser a shore out of His Majesties Ships in any Town or Corporation in this Kingdom ; And for the Quarters and Cures of the Sick and Wounded Soldiers sent over from Flanders ; which being so stated , the said Commissioners shall assign them their money by Warrant on the Treasurers , to be paid in course next after the Commanders , Officers , and Marriners aforesaid , and the Officers and Ship-keépers aforesaid , are paid and satisfied . VII . That if in case any Commanders , Officers , or Marriners , shall have died or beén discharged by Ticket out of any the said Ships , and their Arrears of Pay not satisfied : In such case the Auditors shall state the accompts of the persons so dead or discharged from the said Fourteénth day of March , One thousand six hundred fifty eight , to the day of their death or discharge , according to their several capacities ; And the Commissioners shall thereupon give Warrants upon the Treasurers , by this Act appointed for the payment of the sums to them , or their Assigns in course , when the Commanders and Officers of the several Ships , to which they did belong at the time of their death or discharge , and the debts for curing the Sick and Wounded , are satisfied . VIII . That the said Auditors shall also state the several accompts of all other persons , which can or may justly claim any debt to be due unto him or them , for any provision , maintenance of Prisoners , Goods , Wares , Merchandises , Stores , Ammunition , and other necessaries sold and delivered to any Publick Minister , to and for the use of the Navy aforesaid , from the Fourtéenth of March One thousand six hundred fifty eight , to the Twenty fourth of Iune One thousand six hundred and sixty , and order them payment in course , after the before mentioned sums are paid by Assignation on the Treasurers to be paid out of the money remaining in their hands , out of the six Moneths Assessment , or any other mo●eys heretofore appointed for paying or disbanding of the Army and Navy . IX . That for the better stating the accompts of the Commanders , Officers , and Mariners of the said Navy , and the several other accompts before recited , and hereafter mentioned , Arthur Sprey , William Iessop , Ralph Darnal , Samuel Atkins , Richard Kingdon , and Bartholomew Fillingham Esquires , and Iohn Walker Gentleman , shall be and are hereby appointed , constituted , and authorized to audite , and cast up the accompts of the aforesaid Commanders , Officers , Mariners , and all other mens accompts relating to the debt of the said Navy as before , and shall respectively before they enter thereon , take an Oath in these words following . I Do swear , that to the best of my skill and judgment , I shall examine , and truly state all such accompts as shall be committed to my care and trust by the Commissioners , for disbanding the Army , and discharging the Navy , or any three , or more of them ; and shall and will to the best of my knowledge , make true Certificates of all such accompts to the said Commissioners , or any three of them . So help me God. Which said Oath , the said Commissioners , or any three of them as aforesaid , are hereby authorized to administer accordingly . Which accompts so certified by the said Auditors , or any two of them , then the said Commissioners , or any three of them , shall have power and authority , and are nee●by authorized and impowered to issue out Warrants from time to time , to the respective Treasurers aforesaid , for the payment of the several sums so audited , and due as aforesaid : Which Warrants , together with the acquittance of the persons to whom the same is payable thereupon , shall be to the said Treasurers respectively a sufficient Warrant and discharge . X. That the Chief Officers of His Majesties Navy do with all convenient speed deliver unto the Commissioners appointed by this Act , a perfect List of the names of all the aforesaid Ships that are to be discharged , and the places in which they lie ; And the names and sirnames of the Commanders , Officers , Marriners , and common Seamen to each ship belonging ; and a particular accompt of the time that every person hath served , and what Money or Goods every or any one of them hath received . XI . That the Pursers and Checks of the several Ships of the Navy , do from time to time when they shall be required thereunto , attend the Auditors aforesaid , and deliver unto them a true and perfect accompt of all the Commanders , Officers , Marriners , and Seamen belonging to the said ships , and shall produce the original Muster-Book and Pay-books , wherein the names of the said Commanders , Officers , and Sea-men were entered , and give an exact accompt of what Arrears is due unto them , and how and in what manner the same becomes due ; the which Books and Accompts , shall by the said Pursers and Checks be delivered upon Oath , which said Oath the Commissioners aforesaid , or any thrée of them , are hereby ordered to administer accordingly . XII . That in case any Purser shall be found to make any false Muster , or shall muster any Captain , Officer , or Mariner by a false name , or make any false Ticket , Such Purser shall forfeit his or their respective Wages , and be imprisoned the space of six Moneths , and in such Case the Commissioners appointed by this Act , or any two of them , are hereby impowred to commit them to prison accordingly . XIII . That upon discharge of any of the Commanders , Officers , and Mariners of the Navy aforesaid ; all the said Commanders , Officers , and Mariners , shall deliver up all their respective Ships , Guns , Masts , Sayles , Yards , Anchors , Cables , Tackle , Apparrel , Provisions , Ammunition and Stores , which are in their possessions , for his Majesties use , unto such person or persons , as his Majesty , or the Lord High Admiral of England , shall appoint to receive the same ; And if any Commanders , Officers , or Sea-men , shall refuse to be discharged , or to deliver up the Stores aforesaid , or shall be found , upon due proof , to have embezled any part thereof , or do disswade others from being discharged , he or they so offending , shall forfeit all his and their Arrears , and be further proceeded against , according to their demerit . XIIII . That the said Commissioners , or any thrée of them as aforesaid , shall have power to nominate , appoint , and imploy such Clerks , Agents , Messengers and Servants , as shall be necessary for the said Work , and to make and give to them such reasonable Sallaryes , Allowances and satisfactions as they shall think fit ; And also to provide all other necessaries , and to defray all other charges relating to the fame . XV. That the Commissioners formerly nominated by the House of Commons , and by this Act continued and appointed for this Service , shall have and receive for their charge and pains in and about this Service , one penny in the pound , and no more , out of all such monies as shall be issued by vertue of this Act ; and each of the Auditors aforesaid shall receive for his pains and Charges , in and about this Service , the sum of twenty shillings per diem , during the continuance of this Service , which the Treasurers of the aforesaid monies , are hereby enabled and required to issue and pay accordingly . XVI . That the Commissioners shall direct the said Treasurers from time to time to grant Assignations ( who are hereby required to observe the same ) for such and so many sums of money on the respective Receivers or Treasurers for raising money by the Act aforesaid in the several Counties , Cities , or places , where they understand any of the said Money lies , as the Commissioners for disbanding the Army and Navy , or any threé or more of them as aforesaid , shall direct and appoint to such persons , and in such manner as the said Commissioners , or any threé or more of them as aforesaid , shall direct and appoint . XVII . That the Commissioners herein named , or any thrée of them , shall and are hereby authorized to call to accompt the present Treasurers in this Act named : And Iames Nelthorpe , and Iohn Lawson Esquires , late Treasurers at Wars , or any other former Treasurers , or Commissioners of the Army , or Navy ; for all such sums of money , as they or any of them stand accomptable for , and to certifie the same accompts into His Majesties Exchequer . Anno Regni CAROLI IJ. REGIS Angliae , Scotiae , Franciae , & Hiberniae , DUO DECIMO . At the Parliament begun at Westminster the Five and twentieth day of April , An. Dom. 1660. In the Twelfth Year of the Reign of Our most Gracious Soveraign Lord CHARLES , By the Grace of God , of England , Scotland , France , and Ireland , King , Defender of the Faith , &c. LONDON , Printed by IOHN BILL , Printer to the Kings most Excellent Majesty , 1660. CUM PRIVILEGIO . Anno XII . CAROLI . II. Regis . An Act for further supplying and explaining certain defects in an Act , Intituled , An Act for the speedy provision of money for disbanding and paying off the Forces of this Kingdom , both by Land and Sea. WHereas through some doubts arising upon or by negligence in the execution of one Act of this present Parliament , Intituled , An Act for the speedy provision of money for the disbanding and paying off the Forces of this Kingdom both by Land and Sea : And also of one other Act , Intituled , An Act for supplying and explaining certain defects in the aforesaid Act : The same Acts do not answer the ends aforesaid , in such measure as was expected , without some further explanation of the sence thereof , and a review of the several Assessments made thereby , so that some persons may not escape without payment at all , or go away at very small proportions , whilst others pay their just and full due . It is therefore Enacted and Declared by the Kings most Excellent Majesty , by , and with the consent and advice of the Lords and Commons in Parliament Assembled , and by the Authority of the ●ame , That all and every person and persons of the several Ranks , Degrées , and Qualifications in the said Act or Acts mentioned , shall contribute and pay the several and respective sums of money therein appointed to be paid ( any pretence of e●emption , being the Kings Majesties Servants , to the contrary notwithstanding : ) And also that every person and persons , Ecclesiastical and Temporal , Bodies Politick and Corporate , shall pay for their Estates , both real and personal , the sum of Forty shillings for one hundred pounds per annum , and so proportionably for a greater or lesser Estate , And for every hundred pounds personal Estate , after the rate of five pounds per annum ; Provided it extend not to Estates under five pounds per annum . And to the intent the same may be equally and indifferently Assessed and Taxed , Be it further Enacted and Declared by the Authority aforesaid , That the several Commissioners in the said Act named , or any three of them , within their several and respective Counties , Limits and Precincts , shall have power to nominate and appoint two or more of the most able and discréet persons in every Parish , Villa● or Hamlet , to review the several Rates 〈◊〉 Ass●ssments that have been made in their several and respective Parishes , Villages and Hamlets . And where they shall finde that by the negligence , or default of any former Assessors , any persons or Estates have béen under Rated , or omitted to be Rated , That then they shall Rate and Assess all such persons and Estates , so under-rated or omitted , to the full value they are to be rated and assessed at , either for their degrées , persons , or estates , by this or the former Acts to that purpose made in this present Parliament , or shall by the appointment at the discretion of the said Commissioners make new Assessments or Rates , and shall return the same or their said Additional Rates at such places and times as the said Commissioners ; or any thrée of them shall appoint . And it is further enacted and declared by the Authority aforesaid , That every sworn Attorney , or Clerk in the Office of the Clerk of the Pipe in the Exchequer ; and euery Attorney belonging to the Office of the Lord Treas●rers Remembrancer , shall pay Twenty nobles apéece . And be it further enacted and declared , That every Barrester at Law , and every other person or persons that hath or have subscribed to any Deed or Writing wherein he or they have béen written or entituled Esquire , or that hath or have acted by vertue of any Commission or pretended Commission , Act , or pretended Acts of Parliament , wherein they have before the sitting of this Parliament , béen written or entituled Esquire , shall pay as reputed Esquires within the said Acts. And to the intent that none that have or shall pay his or their due proportions . that he or they ought to pay in respect of his or their quality or degrée , may be doubly charged , every person that hath or shall pay his full proportion for his or her degrée , and quality , the same excéeding the proportion of his or her estate , real and personal , shall by certificate under the hands and seals of 〈◊〉 or more of the Commissioners within the same County or Precinets where such sum hath o● shall be paid , be discharged from further payment for his or her estate , so that it be particularly expressed in every such Certificates where such estate lieth , and the several and respective values thereof ; so that it may appear , that his or her proportion for his or her degrée or quality doth exceed that of his or her estate ; and also where any person or persons , Bodies Politick or Corporate , have paid , or shall pay for his , her , or their estate , in one or more Counties , he or they shall by like Certificate or Certificates be discharged in other places for so much and such values specially mentioned to be paid in the said Certificates , and no more . And be it enacted and declared by the Authority aforesaid , That the said Commissioners or any threé or more of them within their several Precincts , shall and may have power to inquire of , hear and determine all abuses , neglects , and misdoings of all and every the Assessors and Collectors to be imployed by vertue of this or the said precedent Acts ; and shall have power to impose any Fine or Fines upon them or any of them , whom they shall be well informed ( by the oath of two or more credible witnesses , which oath they or any two of them are hereby impowred to administer ) to offend from and after the Twentieth day of December , One thousand six hundred and sixty , in not performing their duties in their respective employments . Provided , That no such Fine shall excéed the sum of five pounds for one offence ; and that such Commissioners who shall set or impose such ●ine or ●ines , shall have full power by Warrant under their hands and seals , to command the several Constables or Tythingmen , which in the several and respective places where such person or persons have their habitation or above , upon whom such fine or fines is or are imposed , to levy the same by Distress upon the Goods of such person or persons refusing to pay the same , and to return the overplus thereof ( if any be ) deducting also reasonable charges for taking such Distress , to the owner or owners of such Goods ; and every such fine shall be imployed to the same purposes as the moneys raised by the said former Acts are appointed : And also in case no Distress can be found or had for satisfying such fine , and in case no Distress can be taken by the Collectors or other Officers appointed to Distrain , for the Taxes or Assessments by vertue of the said former Act or Acts , that in every such default , upon complaint to the said Commissioners , or any threé of them , within their several and respective limits , the said Commissioners , or any thrée of them , shall have full power and authority to cause every such person from whom no Distress can be had , to be committed to the next Common Gaol , there to remain until he hath fully satisfied and paid such sum or sums of money , which ought to be charged upon him , by vertue of this and the said former Acts , without Bail or Main-prize . And be it further enacted and declared , That the Commissioners of every County and place respectively shall make up a true accompt of the sums onely of every Hundred , Lath , Wapentake or Ward , Rated and Assessed by the said former Acts , together with the additional sums that shall be rated by vertue of this present Act severally within their several Counties , Limits , and Precincts , without naming the particular persons or estates , and shall shew what hath been paid thereof , and to what person and persons and what hath been discharged by such Certificates as are appointed by this Act , and what is in arrear and upaid , and shall return the same unto His Majesties Court of Exchequer , before the Second day of March next ; and in so doing they shall not be compelled to make or return any other Accompt , Duplicate , or Certificate . And it is further enacted and declared . That the true and full yearly value of all Lands , Tenements , Rents , Tithes , and other Hereditaments , shall be rated and assessed in manner aforesaid , in the several Parishes , Villages , or Hamlets , where the same are scituate , lying , or arising . And be it further declared , That every sum charged upon , and paid by any person , by vertue of the said former Acts or either of them , by reason of estate , degrée , or quality , shall be allowed and deducted out of such further charge , as shall be imposed upon him or her , by vertue of this present Act. Lastly , It is enacted and declared , That whosoever is sued at Law for any Act done , or to be done in the due execution of this or either of the said former Acts , he may plead the General Issue , and give the special matter in evidence : And if the Plaintiff be Nonsuit , or a Verdict pass against any such Plaintiff or Plaintiffs in any such Action , the Defendant shall and may recover his double costs . Provided always , and be it enacted , That this Act or any thing therein contained , shall not extend to any Peer of this Realm , in point of Assessment Imprisonment , Distress , or otherwise , provision being made in the said first recited Act , for the Assessing of the said Péers , by certain Péers , who are therein named and appointed in that behalf . And be it further enacted , That the Lord Chancellor , the Lord Treasurer , the Lord Steward of His Majesties Houshold , Lord Chamberlain of His Majesties Houshold , the Earl of Northampton , Lord Howard of Charleton , the Lord Roberts , the Lord Grey of Wark , the Lord Craven , the Lord Mohun , and the Lord Hatton , be added to the Péers named in the said first recited Act for the Assessing of the Péers , according to the said recited Act : Which said Lords Commissioners , or any five of them , in this and the former Act named , shall have power to Assess , Levy , and Collect ; and shall Assess , Levy , and Collect , all such sums of money as shall be assessed according to the tenor of this and the former Act , upon such Péers who have not paid proportionably to their estates . And be it declared and enacted by the Authority aforesaid , That these persons hereafter named , shall be added Commissioners for their several Counties , Places , and Precincts respectively , and shall exercise the same power as if they had béen named in the said former Acts , or either of them . Berks. For the County of Berks , Perigrine Hobby , Richard Harrison Esqs . Iohn Fettiplace , of FernhamEsq . Burrough of New Windsor . Andrew Plumton Gent. Richard Fishborne Gent. Bucks . For the County of Bucks , Sir Thomas Hampson Baronet , Sir Phillip Palmer Baronet , Anthony Ra●cliffe Esq . Cambridge . For the County of Cambridge , Sir Thomas Dayrell , Iohn Bennet Esq . Sir Anthony Cage , Levinus Bennett . For the Isle of Ely. For the Isle of Ely , Roger Jennings , Esq . Chester . For the County of Chester , Sir George Warberton Baronet , Edward Warren Esq . Jeffery Shakerly Esq . Henry Lee Esq ; City of Chester . For the City and County of the City of Chester , the Major for the time being . Cornwall . For the County of Cornwall , Robert Roberts , Esq . Sir William Thredinham , Jo●eph Tredinham , Thomas Penhallow , The Knights and Burgesses that serve for the said County , and Iames Eirsey Gent. Cumberland . For the County of Cumberland , Anthony Bouch , Richard ●Urial , Thomas Croswhat , Robert VVebster . Devon. For the County of Devon , Nicholas DaviesDoctor of Physick , VVilliam Jennins Gent. Edmond Tremaine , VVilliam Putt , Iohn Kellond , VVilliam Bogan , George Howard , Iohn Kelley , VVilliam Kelley , Iames Rodd Esqs . York . For the West Riding in the County of York , VVestbury Norcon Esq . Robert VVivell Esq . Richard Roundhill Gent. VVilliam Hamond Esq . VValter Hawkesworth , Esq . Cutbert VVade . Iohn ●reston Gent. Arthur Ingram Esq , Edward Atkin●● , VVilliam VVitham Gent. Samuel Sonder●●nd , Esq . Thomas VVard Gent. Sir William ●●gram Knight . York Northriding . For the Northriding in the County of York , Sir William Caley , Arthur Caley Esq . William Wivell Esq . Sir Tho. Gower Baronet , Thomas VVorsley Esq . Charles Tankred , Sir William Francklyn Baronet , the Bailiffs of Scarborough for the time being , Tristram Fish , Robert Belt , Esquires , Thomas Robinson , Thomas Scudamore Esquires . York . For the City and County of the City of York , all the Aldermen of the City of York . For the Town of Kingston upon Hull , George Crowle . Essex . For the County of Essex , Mr. Edward Glascock , Mr. Miles Hubbert , Mr. Iohn Smart , Capt. Hunter , Dean Tindal Esq . Isaac Wincoll , Thomas Clapton , Thomas Peek , Peter Iohnson , Thomas Manby Esqs . Gloucester . For the County of Gloucester , Thomas Freame , Tho. Floyde , Samuel Shepard , Phillip Shepard , VVilliam Morgan , Richard Daston , Iohn Took●Esqs . Robert Lord Tracy . Hereford . For the County of Hereford , Sir Herbert ParretKnight , John Barnaby of Brookehampton esq . Thomas Baskervile of Collington Gent. John Boothof Hereford Esq . City of Hereford . For the City of Hereford , Thomas Davies Esq . Major , James Lawrence Gent. Tho. Clerk Gent. Hertford . For the County of Hertford , Marmaduke Rawden , Iames Willimott Iunior Gent. Arras Dr. of Physick , Richard Combes Esq . St. Albans . For the Borrough of St. Albans , William FoxwistEsq . Recorder , Mr. Iohn New , Mr. Edward Eames , Mr. Thomas Cowley Senior , Mr. William Marston , Henry Conningsby , Edmond Smith , Alban Cox , Richard Combes Esq . Kent . For the County of Kent , Sir William Mann , Sir Edward Masters , Thomas Peake esq . Sir Tho. Godfrey , The Major of Maydston for the time being , Sir William Merideth Baronet , Sir Thomas Peirce Baronet , Mr. Richard Manley , Mr. Thomas Manley . Sandwich . For Sandwich , Iohn Verrier , Peter Peake Gent. Lancaster . For the County of Lancaster , Henry Banister Esq . Ieoffry Rushton Gent. Richard Fleetwood Gent. Iohn Molineux esq . VVilliam Fife esq . Sir George Middleton Knight and Baronet , Mathew Richardson esq . Robert Heywood Esq . Roger Stoughton of the City of London , Alderman . Lincoln . For the parts of Linsey in the County of Lincolne , Edward Turney , William Lister , Esqs , Sir Robert Dallison Baronet , Sir Charles Dallison Knight . Great Grimsby . For great Grim●by , William Draper , Samuel Proctor . For the parts of Kestivan , William Thompson , Humphrey Walcot . London . For the City of London , Nicholas Delves Esq . Middlesex . For the County of Middlesex , Sir Iohn RobinsonBaronet , Lieutenant of the Tower , Sir Richard Browne , Thomas Bide , Thomas Harrisonof South-Mims , Sir VVilliam Bateman , Lieut. Col. Powel , Charles Pitfield Esq . Robert Peyton , Iohn Iones , Iohn Limbrey , Edward Chard , Richard Shelton Esqs . VVilliam Page Esq . Roger GenningsEsq . Richard Meney . Westminster . For the City of VVestminster , and Liberties thereof , Gabriel Beck Esq . Mr. Graham , Peter Maplesden , George Plunknet , Thomas Ki●ke , William Greene , George Farewell , Ralph Darnell . Northampton . For the County of Northampton Edward Onely , Iohn Thornton , Iohn VVilloughby esqs . Norfolk . For the County of Norfolk , George Windham , Robert Doughty of Hanworth , Robert Legar , Esquires , Henry Scarborough Gent. Mr. John Ripps , Mr. Thomas Talbot , Mr. Henry Black-borne , Gent. Borough of Lyn Regis . For the Borough of Lyn Regis , John BassetMajor , Robert Steward Esq ; Recorder , Thomas Greene , William Wharton , Henry Bell. Great Yarmouth . For the Town of Great Yarmouth , Nicholas Cutting , James Simonds Bailiff there , Sir John Potts Knight and Baronet , Sir William DoyleyKnight , Sir Thomas Medow Knight , Thomas Gooch , George England , John Carter , Nathaniel Ashby , Thomas Lucas , Iohn Woodroff , Iames Iohnson Esquires , George Tilyard Gent. Thetford . For the whole Borough and Corporation of Thetford , the Major for the time being , John Kendal Gent. Mr. Bourage Martin , Maurice Shelton , Esquires , Mr. Robert Keddington Gent. Mr. Nicholas Rookwood , Mr. Robert Wright of Kilveston . Newcastle upon Tine . For the Town and County of Newcastle upon Tine , Sir Iohn Marley . Nottingham . For the Town of Nottingham , Francis SandisEsq ; Thomas Bristow , William Newton , Gentlemen . East-Retford . For the Borrough of East-Retford , the Bailiffs for the time being . Oxon. For the County of Oxon , William Glyn , John West , Esquires , Iohn Coker Gent. Iames Herbertesq ; Sir Thomas Tippin . University of Oxford . Mr. Robert Withers , Mr. Edward Master , Mr. David Thomas , Mr. Gregory Ballard , Mr. Timothy Horton . The City of Oxford . For the City of Oxford , Francis Holloway , William Cornish . Salop. For the County of Salop , Charles Baldwin , Samuel Baldwin , esquires , Mr. Moore of Middleton , Mr. Bishop of the Moore , Benjamin Buckley . Stafford . For the County of Stafford , Thomas Rudiardesq ; Iohn Colclough , Timothy Edge , Gentlemen . Somerset . For the County of Somerset , William Orangeesq ; VVilliam Bacon Senior , Gent. Iohn CridlandGent . Mawdley Samborne , Iohn Carew , Roger Newborough , Iames Haise , esquires . The City of Bristol . For the City and County of the City of Bristol , The Major and Sheriffs for the time being , Iohn Knight the elder , VVilliam Coulston , Iohn Bradway , VVilliam Cole . For the City of Bathe , Iohn Vane , Iohn Masters , Aldermen . Southampton . For the County of Southampton , with the Town and County , Mr. Essex Powlet , Richard Lucy , Gabriel VVhistler , esqs ; Isle of Wight . For the Isle of VVight , Thomas Bowreman esq ; Iohn Oglander of Newport Gentleman . Suffolk . For the County of Suffolk , George VViniffe , William Blumfield , esquires . Surrey . For the County of Surrey , Edward Evelin , Iohn Yates , Richard Knipe , esquires , Mr. Iohn Parker , Sir Purbeck Temple Knight , Earle of Ancram , Henry Capel . Dalinahey esq . Iohn Farewell , Doctor Windebanck . For the Town of Rye . Samuel Bembrigg , Iames VVelsh , Thomas Osmonton . Coventry . For the City and County of the City of Coventry , Sir Arthur Caley Knight , The Major of Coventry for the time being , Henry Smith Alderman . Town of Warwick . For the Town of Warwick , Sir Henry PuckeringBaronet , Sir Clement ThrockmortonKnight , Iohn Rouse , Nathaniel Stoughton , Iohn Stanton Esquires . Wilts . For the County of Wilts , Waltor Buckland , Thomas Mompesson , William Caley esqs . M●tthew Rayman Gent. Tho. Hunt Gent. Robert Challoner , Robert Nicholas of Alcainings , William BroomwichGent . Samuel Eyre Gent. Simon SpatchhurstEsq . Christopher Gardiner Gent. Sarum . For the City of New Sarum , Samuel Eyre Gent. Simon Spatchhurst esq . Christopher Gardiner Esq . Anglesey . For the Isle of Anglesey , Robert , Lord Viscount Bulkley . Cardigan . For the County of Cardigan , Iames Phillips , Morgan Herbert , Thomas Ienkins , Erasmus Lloyde , Thomas Evans , Henry Vaughan , Thomas Price the elder , Esquires ; Thomas Lloyde of Ymshen , Maurice Vaughan , Iohn Price Gentmen . Carnarvan . For the County of Carnarvan , Griffith Bodurda , John Lloyde of Na●gwnnadale , Robert Wynn of Conway , William VVynn of Pengwoone , VVilliam Thomas of Carnarvan , Ionathan Lloyde , VValter Lloyde , VValter Mansell . Denbigh . For the County of Denbigh , Francis Weanly Esq ; Flint . For the County of Flint , Kenrick Eaton , Esq ; Mountgomery . For the County of Mountgomery , Haverford-West . For the Town and County of Haverford-west , Sir Herbert Perrot , Knight , VVilliam Browne , Alderman . Anno XII . CAROLI II. Regis . An Act for the raising of Seventy Thousand pounds for the further supply of his Majesty . THe Commons Assembled in Parliament do give and grant unto Your most Excellent Majesty , the sum of Seventy thousand pounds to be raised and levyed in manner following , and do pray Your Majesty , that it may be Enacted , & be it Enacted by Your most Excellent Majesty , by & with the advice & consent of the Lords and Commons in Parliament Assembled , That the sum of Threescore and ten thousand pounds , for one month only , beginning from the First day of Iuly , One thousand six hundred sixty and one , shall be Assessed , Taxed , Collected , Levied and paid in the several Counties , Cities , Burroughs , Towns , and Places within England and Wales , and the Town of Berwick upon Tweede , according to the several Rates , Rules , and Proportions , and in such manner and form , and by the same Commissioners , as in and by a certain other Act , passed this Parliament , for raising the like sum of Seventy thonsand pounds for one month only , beginning from the Twenty ninth of September , One thousand six hundred and sixty , Entituled An Act for the speedy raising of Seventy thousand pounds for the present supply of His Majesty , are mentioned or referred unto and intended , which Commissioners shall meet-upon or before the fifth day of Iuly , One thousand six hundred sixty and one , and are hereby enabled and required to use and execute all and every the like Powers and Authorities , as in and by the said Act are mentioned , or referred to , and intended as fully and amply , as if the same Rates , Rules , Proportions , Powers and Authorities had been particularly inserted in this present Act. And be it further Enacted , by the Authority aforesaid , That all and every the sums of money charged by this Act , upon the several Counties , Cities , Towns , Burroughs and Places aforesaid , shall be raised , levied , and paid into His Majesties Receipt of the Exchequer , upon or before the first day of August , One thousand six hundred sixty one , by the several Receive General , who shall be appointed by the said Commissioners ; Provided always , and it is hereby declared , That no Mannors , Lands , Tenements and Hereditaments , which were formerly assessed and taxed for and towards former Assessments , and Land-taxes , and are now in the possession or holding of His Majesty , or of the Queens Highness , or of any Ecclesiastical person or persons , or his , or their Farmers and Tenants , shall be exempted from the payment of the several sums of money in this Act comprized , but that the said Mannors , Lands , Tenements and Hereditaments , shall be rated , assessed , and taxed for and towards the said several sums of money in this Act comprized , in such manner and form as they were of late rated , taxed , and assessed for and toward the said former land-Rates , any Law , Statute or Custome to the contrary thereof , in any wise notwithstanding . Provided always , that neither this Act , nor any thing therein-contained , shall be drawn into example to the prejudice of the antient Rights belonging to the Peers of this Realm . And be it Declared and Enacted by the Authority aforesaid , That these persons hereafter named , shall be added Commissioners for their several Counties , places and precincts respectvely , and shall exercise the same powers as the other Commissioners intended by this Act , are Authorized and impowred to do ; That is to say , Berks. For the County of Berks , Peregrine Hobby , Richard Harrison , Esqs ; John Fettiplace of Ferne●amEsq ; and Samuel Woodcox . Borrough of New Windsor . For the Borrough of New Windsor , Andrew Plumpton , Richard Firshburne , Gent. Bucks . For the County of Bucks , William Tirringham Esq ; Sir Thomas Hampson Baronet , Sir Philip Palmer Baronet , Thomas Ratcliff Esq ; Cambridge . For the County of Cambridge , Sir Thomas Dayrell , John Bennet Esq ; Sir Anthony Cage , Levinus Benner . Isle of Ely. For the Isle of Ely , Roger Jennings Esq ; Chester . For the County of Chester , Sir George Warburton Baronet , Edward Warren , Jeffery Shakerley , Henry Leigh , Esqs ; City of Chester . For the City and County of the City of Chester , The Major for the time being . Cornwal . For the County of Cornwal , Robert Roberts Esq ; Sir William Tredinham , Joseph Tredinham , Thomas Penhallow , the Knights and Burgesses that serve for the said County , and Iames Eirsey Gent. The Major of Lostwithel for the time being , Iohn Mollesworth Esq William Williams of Trenythen . Cumberland . For the County of Cumberland , Mr. Anthony Bouch , Mr. Richard Uriell , Mr. Thomas Croswhat , Mr. Robert Webster . Devon. For the County of Devon , Nicholas DaviesDoctor of Physick , William Jennens Gent. Edmond Tremayne , William Putt , John Kellond , William Bogan , George Howard , Iohn Kelly , Iames Rodd Esquires , Walter Jago , Francis Drew , Esq ; William Walrond Esq ; John Blagdon Gent. Iohn Hamm Gent. Henry Newte . York . For the West-Riding in the County of York , Welbury Norton , Robert Wivell Esquires , Richard Roundhil Gent. William Hamond , Walter Hawksworth Esquires , Cuthbert Wade , Iohn Preston Gent. Arthur Ingram Esq ; Edward Atkinson , William Witham Gent. Samuel SunderlandEsq ; Thomas Ward Gent. Sir William Ingram Knight , Sir John Goodrick Baronet , Sir Tho. Wentworth , Sir Edward Rodes , Knights , Godfrey Copley of ●p●otsbrough , John Clayton , Ioshua Horton , Thomas Stringer Esqs . The Alderman of Leedes for the time being . York Northriding . For the Northriding in the County of York , Sir William Caley , Arthur Caley Esq . William Wivell Esq . Sir Tho. Gower Baronet , Thomas VVorsley , Charles Tankred Csqs . Sir William Francklyn Baronet , the Bailiffs of Scarboroughfor the time being , Tristram Fish , Robert Belt , Esqs . Tho. Robinson , Thomas Scudamore Esqs . York City . For the City and County of the City of York , all the Aldermen of the City of York . Kingston upon Hull . For the Town of Kingston upon Hull , Mr. George Crowle . Essex . For the County of Essex , Mr. Edward Glascock , Mr. Miles Hubbert , Mr. Iohn Smart , Capt. Hunter , Dean Tindal Esq . Isaac Wincall , Thomas Clopton , Thomas Peek , Peter Iohnson , Thomas Manby Esqs . Glocester . For the County of Glocester , Thomas Freame , Tho. Floyde , Samuel Sheppard , Phillip Sheppard , VVilliam Morgan , Richard Daston , Iohn TookeEsqs . Robert Lord Tracy , Thomas Morgan Esq . Sir Nicholas Throckmorton Knight , VVilliam Bromage Gent. VVilliam VVinter of DimmockGent . Richard Matchen Gent. Iohn WinnyatGent . Thomas Aylway Gent. Hereford . For the County of Hereford , Sir Herbert ParretKnight , John Barnaby of Brookehampton esq . Thomas Baskervile of Collington Gent. John Boothof Hereford Esq . City of Hereford . For the City of Hereford , Thomas Davies Esq . Major , James Lawrence Gent. Tho. Clerk Gent. Hertford . For the County of Hertford , Marmaduke Rawden , Iames Willimott Iunior Gent. Thomas A●asDr . of Physick , Richard Combes Esq . Sir Robert Io●lyn Knight , Thomas Coppin , Edward Briscoe , Iohn Halsie Esqs . Mr. Fetherston of Blackeswere , Edward Brograve , Ralph Gore , Thomas Brograve , Edward Cason , Thomas Bonest , Henry Becher , Henry Chancey , George Bromley , Alexander Meade , Iohn Crouch , Iames Willimott Iunior , George Poyner Gent. Iohn Iesson esq . Sir Edward Alston Knight . St. Albans . For the Borrough of St. Albans , William FoxwistEsq . Recorder , Mr. Iohn New , Mr. Edward Eames , Mr. Thomas Cowley Senior , Mr. William Marston , Sir Henry Conningsby , Edmond Smith , Alban Cox , Richard Combes Esq . Thom. Marsto●Gent . Kent . For the County of Kent , Sir Willi●m Mann , Sir Edward Masters , Thomas Peake esq . Sir Tho. God●rey , The Major of Maydston for the time being , Sir William Merideth Baronet , Sir Thomas Peirse Baronet , Mr. Richard Manley , Mr. Thomas Manley . Sandwich . For the Town of Sandwich , Iohn Verrier , Peter Peke Gent. Lancaster . For the County of Lancaster , Henry BanisterEsq . Ieoffry Rushton Gent. Richard FleetwoodGent . Iohn Molineux esq . VVilliam Fife esq . Sir George Middleton Knight and Baronet , Mathew Richardson esq . Robert Heywood Esq . Roger Stowton of the City of London , Thomas Butler , Richard Farrington , VVilliam VVall , William Turner , Henry Brabin , VVilliam HodgkensonGent . Lincoln . For the County of Lincoln , and City and County of the same , Edward Turney , William Lister , Esqs , Sir Robert Dallison Baronet , Sir Charles Dallison Knight , William Draper , Samuel Proctor , William Thompson , Humphrey Walcot , Thomas Mills , Michael Dalton , Iohn Watson , William Willoughby , Henry Heron , Marmaduke Darrel , Iohn Ogle , Anthony Treadway , William Skipwith , Thomas Browne of Eastkirby , Iohn Almore , Mr. Skinner of Thornton Colledge , Tho. Harrington , William Whichcot , Charles PelhamIunior , Roger Pelham , Mr. Iohn Lockton , Mr. Iohn Hobson Iunior , Mr. Henry Hall. Mr. Charles Pawdes , Mr. Iohn Colthurst , Mr. William Bishop , and Mr. Edward Blaw , Aldermen , Mr. William Perkins , Mr. Thomas Mills , Mr. Peregrine Buck , Mr. William Dowman , Mr. Thomas Dickenson , Mr. Iohn Thornton , and Richard Wetherel , Aldermen . London . For the City of London , Nicholas Delves Esq . Benjamin Albin , Richard Spencer . Middlesex . For the County of Middlesex , Sir Iohn RobinsonBaronet , Lieutenant of the Tower , Sir Richard Browne , Thomas Bide , Thomas Harrisonof South-Mins , Sir VVilliam Bateman , Lieut. Col. Powel , Charles Pitfield Esq . Robert Peyton , Iohn Iones , Iohn Limbrey , Edward Chard , Richard Shelton Esqs . VVilliam Page Esq . Roger IennynsEsq . Sir Heneage Finch Baronet , His Majesties Sollicitor General , Cheney of HackneyEsq . Lieut. Col. Powel , Charles Cheney of Chelsey , Christopher Abdy Esq . Sir Allen Broadricke , Iohn Barton Esq . Westminster . For the City of VVestminster , and Liberties thereof , Gabriel Beck Esq . Mr. Glaham , Peter Maplesden , George Plunknet , Thomas Kirke , VVill. Greene , George Farewell , Ralph Darnell . Monmouth . For the County of Monmouth , VVilliam Ionesof Frowen Esq . Iames Proger , Charles Proger . Northampton . For the County of Northampton , Edward Onely , Iohn Thorton , Iohn VVilloughby Esqs . Norfolk . For the County of Norfolk , George Windham , Robert Doug●ty of Hanworth , Robert Legat , Esquires , Henry Scarborough Gent. Mr. John Kepps , Mr. Thomas Talbot , Mr. Henry Blackborne , Gent. Borough of Lyn Regis . For the Borough of Lyn Regis , John BassetMajor , Robert Steward Esq ; Recorder , Thomas Greene , William Wharton , Henry Bell , Robert Thorowgood , Alderman Holley . Great Yarmouth . For the Town of Great Yarmouth , Nicholas Cutting , James Simonds Bailiff there , Sir John Potts Knight and Baronet , Sir William Doyley Knight , Sir Thomas Me●ow Knight , Thomas Gooch , George England , John Carter , Nathaniel Ashby , Thomas Lucas , Iohn Woodroff , Iames Iohnson Esquires , George Tilyard Gent. Theftford . For the whole Borough and Corporation of Theftford , the Major for the time being , John Kendal Gent. Mr. Bourage M●rtin , Maurice helton , Esquires , Robert Keddington Gent. Mr. Nicholas Rookwood , Mr. Robert Wright of Kilveston . Newcastle upon Tine . For the Town and County of Newcastle upon Tine , Sir Iohn Marley , Sir Nicholas Cole Knight , and Baronet , Sir Francis Bows Knight , Sir Francis Anderson Knight . Nottingham . For the County of Nottingham , Francis SandisEsq ; Thomas Bristow , William Newton , Gentlemen . East-Retford . For the Borrough of East-Retford , the Bailiffs for the time being . Oxon. For the County of Oxon , William Glyn , John West , Esquires , Iohn Coker Gent. Iames Herbert esq ; Sir Thomas Tippin . University of Oxford . Mr. Robert Withers , Mr. Edward Master , Mr. David Thomas , Mr. Gregory Ballard , Mr. Timothy Horton . The City of Oxford . For the City of Oxford , Francis Holloway , William Cornish . Salop. For the County of Salop , Charles Baldwin , Samuel Baldwin , esquires , Mr. Moore of Middleton , Mr. Bishop of the Moore , Benjamin Buckley . Stafford . For the County of Stafford , Thomas Rudiardesq ; Iohn Colclough , Timothy Edge , Gentlemen . Somerset . For the County of Somerset , William Orangeesq ; VVilliam Bacon Senior , Gent. Iohn Oridland Gent. Mawdley Samborne , Iohn C●rew , Roger Newborough , Iames Haise , esquires . For the City of Bristol . For the City and County of the City of Bristol , The Major and Sheriffs for the time being , Iohn Knight the elder , VVilliam Coulston , Iohn Bradway , VVilliam Coles . For the City of Bathe . For the City of Bathe , Iohn Peirce , Iohn Masters , Aldermen . Southampton . For the County of Southampton , with the Town and County , Mr. Essex Powlet , Richard Lucy , Gabriel VVhistler , ess Isle of Wight . For the Isle of VVight , Thomas Bowremanesq ; Iohn Oglander of Newport Gentleman . Suffolk . For the County of Suffolk , George VViniffe , William Blumfield , esquires , Mr. Iohn Brooke , Mr. Milton of Ipswich , Mr. Edmond Bedingfield , Mr. Francis Langley , Mr. Thomas Read , Mr. Rabbit of Bramfield , Isaac Motham esquire , Gardiner Web Gent. St. Edmonds Bury . For St. Edmonds Bury , Francis Smith , Robert Sharpe , Samuel Hustler . Surrey . For the County of Surrey , Edward Evelin , Iohn Yates , Richard Knipe , esquires , Mr. Iohn Parker , Sir Purbeck Temple , Sir Thomas Bludworth , Knights , Thomas Rogers , Charles Good-Harman-Atwood , esquires , Iohn Parker of Rigate . Rye in the County of Sussex . For the Town of Rye , Samuel Bembrigg , Iames VVelsh , Thomas Osmonton . Worcester . For the County of Worcester , Sir Iohn PackingtonBaronet , Sir Rowland Berkley Knight , Sir Iohn Winford Knight , Samuel Sandys , Henry Townsend , Iohn Bearcroft , esquires , Sir Ralph Clare , Knight of the Bath . Worcester City . For the City and County of the City of Worcestor , Edward Soley Alderman , Samuel Smith , Thomas Twitty , Gentlemen , Henry Townsendesq ; Sir William Mooreton Knight , Humphrey Tyrer , Richard Heming , Stephen Richardson , Gentlemen , Sir Iohn Packington , Sir Rowland Berkley , Sir Ralph Clare , Sir Iohn Winford , Samuel Sandys esq ; Warwick . For the County of VVarwick , Listerof Alveston Esq . Richard Bishop of Stratford Esq . Coventry . For the City and County of the City of Coventry , Sir Arthur Caley Knight , The Major of Coventry for the tune being , Henry Smith Alderman , Sir Richard Hopkins Knight , William Iesson , Thomas Norton Esqs . Mr. Thomas Love , Mathew Smith , Samuel Snell , William Ielliffe , Robert Beak , Iames Nailer Aldermen . Town of Warwick . For the Town of Warwick , Sir Henry PuckeringBaronet , Sir Clement ThrockmortonKnight , Iohn Rouse , Nathaniel Stoughton , Iohn Stanton Esqs . Lister of Alveston Esq . Richard Bishop of Stratford . Wilts . For the County of Wilts , Walter Buckland , Thomas Mompesson , William Caley esqs . Mathew Rayman Gent. Tho. Hunt Gent. Robert Chandler , Robert Nicholas of Alcainings , William BroomewichGent . Samuel Eyre Gent. Simon SpatchhurstEsq . Christopher Gardiner Gent. Mr. Francis Parry . Sarum . For the City of New Sarum , Samuel Eyre Gent. Simon Spatchhurst esq . Christopher Gardiner Gent. Anglesey . For the Isle of Anglesey , Robert Lord Viscount Bulkley . Cardigan . For the County of Cardigan , Iames Phillips , Morgan Herbert , Thomas Ienkins , Erasmus Lloyde , Thomas Evans , Henry Vaughan , Thomas Price the elder , Esquires ; Thomas Lloyde of Yinshen , Morris Vaughan , Iohn Price Gentmen , Tho Parry , Reighnold Ienkins , Iohn Bowin , Thomas Lewis , Hector Phillips , Nicholas Lewis , VVilliam Iones , Abel Griffin , Esqs , VVactkin Lloyde , Iohn 〈◊〉 of Noyadd , Gentlemen ; The Major of Cardiganfor the time being , Rees Gwin , David Morgan , Aldermen . Carmarthen . For the County of Carmarthen , Jonathan Lloyde , Walter Lloyde , Walter Mansell . Carnarvon . For the County of Carnarvon , Griffith Bodurda , John Lloyde of Nangwimadale , Robert Wynn of Conway , William VVynn of Pengwoone , VVilliam Thomas of Carnarvon , Ionathan Lloyde , VValter Lloyde , VValter Mansell . Denbigh . For the County of Denbigh , Francis ManlyEsq ; Flint . For the County of Flint , Kenrick Eaton , Esq ; Glamorgan . For the County of Glamorgan , Iohn Price , of Courtcarne , Morgan Morgan , Esq ; Mountgomery . For the County of Mountgomery , VVilliam Oakely , Edmond VVareing , David Morrice , Esqs ; Iohn Matthews , Henry Pursel , Iohn Kiffin , VVilliam Price of Lanligan , Iohn Lloyd of Conway . Haverford-West . For the Town and County of Haverford-west , Sir Herbert Perrot , Knight , VVilliam Browne , Alderman . Anno XII . CAROLI II. Regis . An Act for the Attainder of several Persons guilty of the Horrid Murther of his late Sacred Majestie King CHARLES the First . IN all humble manner shew unto Your most Excellent Majestie , Your Majesties most dutifull and loyall Subjects the Lords and Commons in Parliament assembled , That the Horrid and Execrable Murther of Your Majesties Royal Father , our late most Gracious Soveraign Charles the First , of ever blessed and glorious memory , hath been committed by a party of wretched men , desperately wicked , and hardened in their impiety , who having first plotted and contrived the ruine and destruction of this excellent Monarchy , and with it of the true , Reformed Protestant Religion which had been so long protected by it and flourished under it , found it necessary in order to the carrying on of their pernicious and traiterous designs , to throw down all the Bullwarks and Fences of Law , and to subvert the very being and constitution of Parliament , that so they might at last make their way open for any further attempts upon the Sacred Person of His Majesty himself ; And that for the more easie effecting thereof , they did first seduce some part of the then Army into a compliance , and then kept the rest in subjection to them , partly for hopes of preferment , and chiefly for fear of losing their imployments and arrears ; until by these , and other more odious arts and devices , they had fully strengthened themselves , both in Power and Faction ; which being done , they did declare against all manner of Treaties with the Person of the King , even then while a Treaty by advice of both Houses of Parliament was in being , Remonstrate against the Houses of Parliament for such proceedings , seize upon His Royal Person while the Commissioners were returned to the House of Parliament with His Answer , and when His Concessions had been Voted a ground for ●eace , seize upon the House of Commons , seclude and imprison some Members , force out others , and there being left but a small remnant of their own Creatures ( not a tenth part of the whole ) did seek to shelter themselves by this weak pretence , under the name and authority of a Parliament , and in that name labo●red to prosecute what was yet behinde and unfinished of their long intended Treason and Con●piracy ; 〈…〉 p●●pose they prepared an Ordinance for erecting la w●d●gious and unheard of Tribunal , which they called An High Court of Justices , for T●yal of His Majesty ; and having easi● procur●● it to pass in their House of Commons , as it then stood moulded , ventured to send it up from thence to the Peers then sitting , who totally rejected it ; whereupon their rage and fury increasing , they presume to pass it alone as an Act of the Commons , and in the name of the Commons of England ; and having gained the pretence of Law , made by a power of their own making , pursue it with all possible force and cruelty , until at last , upon the Thirtieth day of January , One thousand six hundred forty and eight , His Sacred Majesty was brought unto a Scaffold , and there publickly Murthered before the Gates of His own Royal Palace ; And because by this horrid action the Protestant Religion hath received the greatest wound and reproach , and the People of England the most insupportable shame and infamy that it was possible for the enemies of God and the King to bring upon uswhilst the Fanatick Rage of a few Miscreants ( who were as far from being true Protestants , as they were from being true Subjects ) stands imputed by our Adversaries to the whole Nation : We therefore your Majesties said Dutiful and Loyal Subjects , the Lords and Commons in Parliament assembled , do hereby renounce , abominate , and protest against that Impious Fact , the execrable Murther , and most unparallel● Treason committed against the Sacred Person and Life of our said late Soveraign , Your Majesties most Royal Father , and all proceedings tending thereunto : And do beseech Your most Excellent Majesty that it may be declared , And be it hereby declared , That by the undoubted and Fundamental Laws of this Kingdom , neither the Peers of this Realm , nor the Commons , nor both together in Parliament , or out of Parliament , nor the People collectively or presentatively , nor any other persons whatsoever ever had , have , hath , or ought to have any Coercive power over the persons of the Kings of this Realm ; And for the better vindication of our selves to posterity , and as a lasting Monument of our otherwise inexpressible detestation and abhorrency of this vilanous and abominable Fact , We do further beseech your most Excellent Majesty , that it may be Enacted , And be it hereby Enacted by the Kings most Excellent Majesty , by and with the advice and consent of the Lords and Commons in this present Parliament assembled , That every Thirtieth day of January , unless it falls out to be upon the Lords day , and then the day next following , shall be for ever hereafter set apart to be kept and observed in all the Churches and Chappels of these Your Majesties Kingdoms of England and Ireland , Dominion of Wales , and Town of Berwick upon Twede , and the Iues of Jersey and Guernsey , and all other Your Majesties Dominions , as an Anniversary day of Fasting and Humiliation , to implore the Mercy of God , that neither the guilt of that Sacred and Innocent ●●oud , one those other sins by which God was provoked to deliver up both us and our King into the hands of cruel and unreasonable men , may at any time hereafter be visited upon us or our posterity . And whereas Oliver Cromwel deceased , Henry Ireton deceased , John Bradshaw deceased , and Thomas Pride deceased , John L●sle , William Say , Sir Hardress Waller , Valentine Wauton , Thomas Harrison , Edward Whally , William Heveningham , Isaac Pennington , Henry Martin , John Barkstead , Gilbert Millington , Edmond Ludlow , Sir Michael Livesey , Robert Tichborne , Owen Rowe , Robert Lilborne , Adrian Scroop , John Okey , John H●wson , William Goffe , Cornelius Holland , Thomas Challoner , John Carew , Carew , John Jones , Miles Corbet , Henry Smith , Gregory Clement , Thomas Wogan , Edmond Harvy , Thomas Scot , William Cawley , John Downes , Nicholas Love , Vincent Potter , Augustine Garland , John Dixwell , George Fleetwood , Simon Meyne , James Temple , Peter Temple , Daniel Blagrave , Thomas Waite , John Cooke , Andrew Broughton , Edward Dendy , William Hewlet , Hugh Peters , Francis Hacker , Daniel Axtel , are notoriously known to have been wicked and active instruments in the prosecution and compassing that Trayterous Murther of His late Majesty , for which the said sir Hardress Waller , Thomas Harrison , William Heveningham , Isaac Pennington , Henry Martin , Gilbert Millington , Robert Tichborne , Owen Rowe , Robert Lilborne , Adrian Scroop , John Carew , John Jones , Henry Smith , Gregory Clement , Edmond Harvy , Thomas Scot , John Downes , Vincent Potter , Augustine Garland , George Fleetwood , Simon Meyne , James Temple , Peter Temple , Thomas Waite , John Cook , William Hewlet , Hugh Peters , Francis Hacker , and Daniel Axtell , have already received their Tryal at Law , and by Verdict , or their own Confession , have been convicted , and by Iudgement of Law thereupon had , do now stand duely and legally attainted ; of whom , ten persons , that is to say , Thomas Harrison , Adrian Scroop , John Carew , John Jones , Thomas Scot , Gregory Clement , John Cook , Hugh Peters , Francis Hacker , and Daniel Axtell , have most deservedly suffered the pains of death , and been executed according to Law ; and the said John Lisle , William Say , Valenti●e Wauton , Edward Whally , John Barkstead , Edmond Ludlow , sir Michael Livesey , John Okey , John Hewson , William Goffe , Cornelius Holland , Thomas Challoner , Miles Corbet , William Cawley , Nicholas Love , John Dixwell , Daniel Blagrave , Andrew Broughton , and Edward Dendy , are fled from Iustice ; not daring to abide a legal Tryal : May it therefore please your Maiesty that it may be Enacted , And be it Enacted by Authority of this present Parliament , That the said Oliver Cromwell deceased , Henry Ireton deceased , John Bradshaw deceased , and Thomas Pride deceased , shall by vertue of this Act , be adjudged to be Convicted and Attainted of High Treason , to all intents and purposes , as if they , and every of them respectively had been Attainted in their lives : And also that John Lisle , William Say , Valentine Wauton , Edward Whally , John Barkstead , Edmond Ludlow , sir Michael Livesey , John Okey , John Hewson , william Goffe , Cornelius Holland , Thomas Challoner , William Cawley , Miles Corbet , Nicholas Love , John Dixwell , Daniel Blagrave , Andrew Broughton , Edward Dendy , and every of them , stand and be adjudged , and by Authority of this present Act Convicted and Attainted of High Treason ; And that all and every the Mannors , Messnages , Lands , Tenements , Rents , Reversions , Remainders , Possessions , Rights , Conditions , Interests , Offices , Fees , Annuities , and all other the Hereditaments , Leases for years , Chattels real , and other things of that nature , whatsoever they be , of them the said Oliver Cromwell , Henry Ireton , John Bradshaw , Thomas Pride , John Lisle , William Say , Valentine W●uton , Edward Whally , John Barkstead , Edmond Ludlow , sir Michael Livesey , John Okey , John Hewson , William Goffe , Cornelius Holland , Thomas Challoner , William Cawly , Miles Corbet , Nicholas Love , John Dixwell , Daniel Blagrave , Andrew Broughton , Edward Dendy , Thomas Harrison , Adrian Scroop , John Carew , John Jones , Thomas Scot , Gregory Clement , Hugh Peters , Francis Hacker , Iohn Cook , Daniel Axtell , sir Hardress Waller , William Heveningham , Isaac Pennington , Henry Martin , Gilbert Millington , Robert Tichborne , Owen Rowe , Robert Lilborne , Henry Smith , Edmond Harvy , Iohn Downs ▪ Vincent Potter , Augustine Garland , George Fleetwood , Simon Meyne , Iames Temple , Peter Temple , Thomas Wayte , which they , or any of them , or any other person or persons , to their or any of their uses , or in trust for them , or any of them , had the Five and twentieth day of March , in the year of our Lord , One thousand six hundred forty and six , or at any time since , shall stand and be forfeited unto Your Majesty , Your Heirs and Successors , and shall be deemed , vested , and adjudged to be in the actual and real possession of Your Majesty , without any Office or Inquisition thereof hereafter to be taken or found : And also , That all and every the Goods , Debts , and other the Chattels personal whatsoever , of them the said Oliver Cromwell , Henry Ireton , Iohn Bradshaw , Thomas Pride , whereof at the time of their respective deaths , they , or any of them , or any other in trust for them or any of them , stood possessed in Law or Equity , and all the Goods , Debts , and other the Chattels personal whatsoever of them the said Iohn Lisle , William Say , Valentine Wauton , Edward Whalley , John Barkstead , Edmond Ludlow , Sir Michael Livesey , John Okey , John Hewson , William Goffe , Cornelius Holland , Thomas Challoner , William Cawly , Miles Corbet , Nicholas Love , John Dixwell , Andrew Broughton , Edward Dendy , Thomas Harrison , Adrian Scroope , John Carew , John Jones , Thomas Scot , Gregory Clement , Hugh Peters , Francis Hacker , Iohn Cook , Daniel Axtell , sir Hardress Waller , William Heveningham , Isaac Pennington , Henry Martin , Gilbert Millington , Robert Tichborne , Owen Rowe , Robert Lilborne , Henry Smith , Edmond Harvy , Iohn Downs , Vincent Potter , Augustine Garland , George Fleetwood , Simon Meyne , Iames Temple , Peter Temple , Thomas Wayte , whereof upon the Eleventh day of February , One thousand six hundred fifty nine , they or any of them , or any other in Trust for them or any of them , stood possessed either in Law or Equity , shall be deemed and adjudged to be forfeited unto , and are hereby vested , and put into the actual and real possession of Your Majesty , without any further Office or Inquisition thereof hereafter to be taken or found . Provided always , and be it Enacted by the Authority aforesaid , That no Conveyance , Assurance , Grant , Bargain , Sale , Charge , Lease , Assignment of Lease , Grants and Surrenders by Copy of Court-Roll , Estate , Interest , Trust , or limitation of any Vse or Vses of or out of any Manors , Lands , Tenements , or Hereditaments , not being the Lands nor Hereditaments of the late King , Queen or Prince , or of any Archbishops , Bishops , Deans , Deans and Chapters , nor being Lands or Hereditaments sold or given for the Delinquency , or pretended Delinquency of any person or persons whatsoever , by vertue or pretext of any Act , Order , Ordinance , or reputed Act , Order or Ordinance since the First day of Ianuary , One thousand six hundred forty and one , nor any Statute , Iudgement or Recognizance , had , made , acknowledged or suffered to any person or persons , Bodies Politick or Corporate , before the Twenty ninth day of September , One thousand six hundred fifty nine , by any of the Offenders before in this Act ▪ mentioned , or their Heirs , or by any other person or persons claiming by , from , or under them or any of them , other then the wife or wives , childe or children , heir or heirs of such person or persons , or any of them , for money bona fide , to them or any of them paid or lent , nor any Conveyance , Assurance , Grant or Estate made before the Twenty fifth of April One thousand six hundred and sixty , by any person or persons to any of the Offenders aforesaid in Trust ; And for the benefit of any other person or persons not being any of the Offenders aforesaid , or in trust for any Bodies Politick or Corporate , shall be impeached , defeated , made void or frustrated hereby , or by any of the Convictions and Attainders aforesaid ; but that the same shall be held and enjoyed by the Purchasers , Grantees , Lessees , Assigns , Cestuy que usu , Cestuy que trust , and every of them , their Heirs , Executors , Administrators and Assigns respectively , as if this Act had not been made , and as if the said Offenders had not been by this Act , or by any other course or proceedings of Law convicted or attainted ; so as the said Conveyances , and all and every the Grants and Assurances which by vertue of this Act , are , and ought to be held and enjoyed as aforesaid , shall before the First of Ianuary , which shall be in the year of our Lord , One thousand six hundred sixty and two , be entred and enrolled of Record in His Majesties Court of Exchequer , and not otherwise ; Any thing in this Act herein before contained to the contrary in any wise notwithstanding . Provided always , and be it Enacted by the Authority aforesaid , That all and singular the Mannors , Lands , Tenements and Hereditaments , which at any time heretofore were the Lands and Possessions of Henry late Marquess of Worcester , and Edward now Marquess of Worcester , and Henry Lord Herbert , Son and Heir apparent of the said Edward Marquess of Worcester , or any of them ; whereof or wherein the said Oliver Cromwell , or any other person or persons in trust for him , or to his use , or any other the persons attainted by this Act , or otherwise , or any person or persons in trust for them or any of them , had or claimed , or pretended to have any Estate , Right , Title , Possession or Interest , at any time before or since the decease of the said Oliver Cromwell , shall be , and hereby are vested and setled in , and shall be held and enjoyed by the said Marquess of VVorcester , and the said Henry Lord Herbert , in such manner and form , and for such Estate and Estates , with such Powers and Priviledges as they formerly had in the same respectively ; Any thing in this present Act contained , or any Act , Conveyance or Assurance heretofore made or acknowledged by the said Edward Marquess of VVorcester , and Henry Lord Herbert or either of them , unto the said Oliver Cromwell , or any other person or persons in trust for , or to the use of the said Oliver Cromwell , or any Act or Conveyance made or done by the said Oliver Cromwell , or by any in trust for him , to any person whatsoever , to the contrary notwithstanding . Saving always to all and every person and persons , Bodies Politick and others , their respective Heirs , Successors , Executors and Administrators , all such Right , Title and Interest in Law and Equity , which they or any of them have or ought to have , of , into , or out of any the premisses , not being in trust for any the said Offenders , nor derived by , from or under the said Offenders , since the Twenty fifth day of March , which was in the year of our Lord , One thousand six hundred forty six ; And that they the said person and persons , Bodies Politick , and other their respective Heirs , Successors , Executors and Administrators , and every of them , in all and every such case where his and their Entry was lawful , upon such Offender or Offenders , or the Heirs or Assigns of such Offender or Offenders , in or upon the said Twenty fifth day of March , One thousand six hundred forty and six , or at any time since , may without Petition , Monstrans de droyt , Onster le maine , or other Suit to His Majesty , enter on the Premisses in His Majesties Possession , or in the Possession of His Successors and Patentees , their Heirs or Assigns , in such manner to all intents , as he or they might have done on the Possession of the said Offenders , their Heirs or Assigns , in or upon the said Twenty fifth day of March , or at any time since ; Any thing in this Act to the contrary in any wise notwithstanding . Provided also , That all and every person and persons which have received any of the Rents or mean profits , of , in , or out of any the Lands , Tenements and Hereditaments , Chattels real , or Possessions of any the Offender or Offenders in this Act mentioned , before the Eleventh day of February , One thousand six hundred fifty and nine , and have paid or accounted for the same before the said Eleventh day of February , One thousand six hundred fifty and nine , unto the said Offender or Offenders , or their Assigns , or to any claiming from or under them , shall be clearly and for ever acquitted and discharged of and from the same , against the Kings Majesty , His Heirs and Successors , any thing herein contained to the contrary notwithstanding . Provided always , That it shall and may be lawful to and for Richard Ingoldsby to retain and keep , or otherwise to sell and dispose all and singular the Goods and Chattels formerly belonging to sir Hardress Waller , in the Kingdom of Ireland , until Two thousand pounds , for which the said Richard Ingoldsby in the year One thousand six hundred fifty eight , stood joyntly bound with the said six Hardress Waller , unto Iames Brooks of the City of York , Alderman , and was then counter-secured by a Iudgement upon his Lands , and since by a Deed of Bargain and Sale of the said Goods and Chattels in Ireland , be fully paid , together with the Interest thereof ; he the said Richard Ingoldsby accounting for , and paying the full overplus thereof , if any shall be , unto our Soveraign Lord the King ; Any thing herein before contained to the contrary notwithstanding . Anno XII . CAROLI II. Regis . An Act for Confirmation of Leases and Grants from Colledges and Hospitals . WHereas since the beginning of the late Troubles , divers Masters , Provosts , Presidents , Wardens , Governours , Rectors , Principals , and other Heads , Fellows , and Scholars of Colledges , Halls , or Houses of Learning , in either of the Vniversities of Oxford and Cambridge , and the Dean , Canons and Prevends of the Cathedral or Collegiat Church or Colledge of Christ-Church in the Vniversity of Oxford , and Provest , Warden , or other Head-Officer , and Fellows or Scholars of the ●olledges of Eaton and Winchester , and Masters and Governors , Brethren , Brothers and Sisters of divers Hospitals have been amoved ejected or sequestred by the Lords and Commons assem●led in Parliament , or by certain Visitors by them appointed , or by some Conventions sitting at Westminster under the name or stile of a Parliament , or by some Authority or pretence of Authority derived from them or the late pretended and usurped powers , stiled Keepers of the Liberty of E●gland by Authority of Parliament , or Protectors of the Common-wealth of England Scotland , and Ireland , and the Dominion or Dominions and Territories thereunto belonging . And whereas also after these Amotions , Ejections or Sequestrations , several other persons have been either by election of the said Colledges , Halls , Houses of Learning , Church or Hospitals , or by some of the powers or pretended powers above mentioned placed and substituted in these Masterships , Headships , Fellowships Deanary , Canories , Prebendaries , Governorships and other places aforesaid , who have actually exercised the same places and been de facto Masters , Provosts Presidents , Wardens , Governours , Rectors , Principals and other Heads , Fellows , Scholars , Brethren , Brothers and Sisters , Dean Canons or Prebends of such respective Colledges , Halls Houses of Learning , Hospitals , Cathedrall Church or places , and have made divers Grants by Copy of Court-Roll , and Leases and Licences to let or assign Grants and Presentations to , and Elections of divers persons , Re-entries for non-payment of Rent or breach of Conditions , whereupon divers Questions may in time to come arise . For prevention whereof , It is Enacted by the Kings most Excellent Majesty , with the Advice and assent of the Lords and Commons in Parliament assembled , and by Authority of the same , That all Grants by Copy of Court-Roll , and Leases and Licences of setting and Assigning Grants and Presentations ; And all Elections of Heads , Masters , Fellows , Scholars , Students and Officers of the said ●olledges , Halls , Church , & Houses of Learning and Hospitals aforesaid , into dead or other places then or since Vacant , Receipts and Acquittances of Rents incurred , Entries for forfeitures or Conditions broken , had made or given since the Five and Twentieth day of March in the year of our Lord One Thousand six Hundred Forty two , and before the Five and Twentieth day of July in the year of our Lord One Thousand six Hundred and Sixty , by any such Masters , Provosts , Presidents , Wardens , Governors , Rectors , Principalls and other Heads de facto of the said Colledges , Halls and Houses of Learning , and Fellows , and Scholars de facto of the same respectively in either of the said Vniversities , or Dean and Canons or Prebends de facto of Christ Church aforesaid , or Master , Provost or Warden and Fellows de facto of the Colledges of Eaton or Winchester , or by such Master , Warden or Governors de facto , or Master , Warden or Governors , Brethren Brothers or Sisters de facto of any Hospital , by whatsoever particular name or stile of Foundation the said Colledges , Church , Hospitals , Masters , Governors , Fellows , Deans and Canons , or Prebends are stiled , founded , known or incorporated , and all Leases granted by the Master , Warden , Brethren , Brothers or Sisters of any Hospitals of the Patronage of any Bishop , Dean , or Dean and Chapter , and all surrenders to them made to inable such Leases , Grants and presentations , shall stand and be of the same and no other force and effect , as if the said Masters , Provosts , Presidents , Wardens , Governors , Rectors , Principals , Heads , Fellows , Scholars , Dean , Canons , Prebends , Brethren , Brothers or Sisters had been such de jure , and duly and de jure Intituled in and to the said Colledges , Halls , Houses of Learning , Church , Hospitals , Offices or places respectively , And as if such Leases granted by the Master & Brethren of any Hospital of the patronage of any Bishop , Dean or Chapter had been confirmed by the said Bishop , Dean or Chapter ; And that notwithstanding such defect in the said Lessors or Grantors , & notwithstanding the restitution of any of the persons so ejected , the Rents , Covenants and Conditions contained in such Leases and Grants shall go in succession , as if such Lessors or Grantors had been de jure Masters , Provosts , Presidents , Wardens , Governors , Reetors , Principals , Heads , Fellows , Scholars , Dean , Canons , Prebends , Brethren , Brothers and Sisters of such Colledges , Halls , Houses of Learning , Church , Hospitals and places respectively ; Any former Law , Custome or Statute to the contrary notwithstanding . Provided alwayes and be it Enacted , That nothing in this Acc contained do or shall extend to the confirming or making good of any Lease or Leases of any parcel or parcels of Lands , Tenements , Pastures , Houses , Orchards , Gardens or Barns , or any of the possessions of or belonging to the Hospitall of Saint John Baptist and the Evangelist in the Town of Northhampton , made between the first day of September in the Year of our Lord One Thousand six Hundred Fifty & Five , and the Five and Twentieth day of July in the year of our Lord One Thousand six Hundred Fifty and eight , by the pretended Master George G●odman and his Co-brethren of the aforesaid Hospital , by colour of any pretended Grant or Patent whatsoever , or notwithstanding the Seal of the said Hospital or Corporation was to them or any of them set or affixed . Provided alwayes , That this Act or any thing therein contained , shall not extend to make good in Law or equity any Lease or Leases made by Simon Moore Clerk , late Master or pretended Master of the Hospitall of Saint Oswald in the County of Worcester , of any the Lands , Tenements and Hereditaments of or belonging to the said Hospital , to Richard Moore son of the said Simon Moore , or to any of the children or grand children of the said Simon Moore , or to any other person or persons in trust or for the use or uses of the said Simon Moore , or his wife , children or grandchildren , or any or either of them . Provided alwayes , that no person or persons shall be confirmed in any Mastership , Provostship , Headship , Fellowship , or Chaplains place in any Colledge or Hall in either of the Vniversities of Oxford or Cambridge , or in the Colledges of Eaton and Winchester , that is not ordained Minister by Bishops or Presbyters ( or being ordained , hath since renounced his Ordination ) where by the local Statutes of the said respective Colledges or Halls Ordination is required . Provided alwayes , and be it Enacted , That this Act shall not extend to confirm any Lease or Leases of the Rectories and Parsonages of Randall and Littlecoates in the county of Lincolne , which have long since been in the tenure or occupation of John Lord Culpeper , as by several Leases under the Seal of the Master and Fellows of the Colledge of the holy and undivided Trinity within the Town and Vniversity of Cambridge of King Henry the Eights Foundation may appear , and are now Leased over the head of the said John Lord Culpeper the antient Tenant , to one John West , though according to usage he claimed to renew his Lease three years before the expiration thereof at the usual Fines or more . But that the said John Lord Culpeper , his Executors or Administrators , reimbursing the said new Tenant or Lessee so much money as hath been really paid to the said Colledge for the Fine for such Lease , they shall be admitted to renew the said Lease for the said Fine . Provided alwayes , That whereas Doctor Owen late reputed Dean , and the Chapter of the Cathedral Church of Christ in Oxon of the Foundation of King Henry the Eight , by their Indenture dated the seventh day of August , in the year of our Lord One thousand six hundred fifty seven , did Lease and demise unto John Arthur Clerk , Thomas Bromefield of London Esquire , and Laurence Marsh of Darking in the County of Surry Esquire , certain Tyths and Lands parcel of the Mannor and Parsonage of Kirkham in the County of Lancast●r , And by several other Indentures did Lease and demise unto several other persons many other parts and portions of the said Parsonage of Kirkham ( which had long been in the tenure or occupation of Thomas Clifton Esquire and his Ancestors , by severall successive Leases under the Abbot and Covent of Vale Royal , and the Colledge of Christ Church aforesaid respectively ) for severall terms of years yet unexpired : Be it Enacted and ordained , That Thomas Clifton now of Litham in the County of Lancaster Esquire , his Executors and Administrators , ( paying the several and respective Rents reserved unto the said Colledge , and securing unto the said John Arthur , Thomas Bromefield , and Laurence Marsh , or the Survivors or Survivor of them , or the Executors or Executor of the Survivor of them , for the uses in the said Lease expressed and not otherwise , out of the Premisses , the yearly summ of Four hundred pounds , to be paid half yearly by equall portions , for the terme of Eleven years next ensuing , And reimbursing unto the said several other Lessees respectively or their respective Assigns so much money as was by them respectively and truly paid for their respective Fines , ) shall have and enjoy the said several demised premisses for the residue of the said several termes of years yet to come , as if the said several Leases made unto them the said John Arthur , Thomas Bromfeild , and Laurence Marsh , and unto the said severall other persons as aforesaid , had been legally made unto the said Thomas Clifton by a lawfull Deane and Chapter , This Act or any other thing to the contrary notwithstanding . Provided alwayes , That this Act or any thing therein contained , shall not extend to confirm the Election of any Head , Fellow , Scholar or Chaplain of any Colledge or Hall in either of the Vniversities , that upon any other ground besides the want of Episcopal Ordination , is or was not capable of being elected into such place or places by the Statures of the said Colledge or Hall , into which he or they were chosen . Provided also , That this Act or any thing therein contained , shal not extend to prejudice the Title of any person or persons , who by Letters Patents under the Great Seal since the first day of May , and before the twenty sixth of August One thousand six hundred and sixty , have obtained from his Majesty any Grant of any Deanery , Headship of any House , Rectorshiy of any Colledge , Canons place , Prebendary , Fellowship or Scholarship within either of the Vniversities , or the Colledges of Eaton , Westminster , or Winchester ; But that all and every the said Grants and Letters Patents shall be of such , and no other Force and effect , as the same should have been if this Act had not been made , Any thing in this Act contained to the contrary notwithstanding . Provided also , That this Act or any thing therein contained , shall not extend to confirm any Lease or Estate made by John Tombes Clerk , of any Lands , Tenements , or Hereditaments , belonging to the Hospital of Saint Katharines in Ledbury in the County of Hereford , to any of the children of him the said John Tombs , or to any other person or persons in Trust for him or them , or any of them . Provided alwayes , and be it Enacted by the Authority aforesaid , That neither this Act , nor any thing therein contained , shall in any wise extend to confirm , or make good , any Lease or Leases made by VVilliam Lenthal , pretended Warden of the House of Converts , belonging to the Master of the Rolls , since the thirtieth day of January , One thousand six hundred forty and two , of any Houses or Tenements thereto belonging , to the prejudice of John Lord Culpeper , his Successors , Lessees , or Assigns , the said Lord Culpeper paying or reimbursing unto the said Lessee or Lessees of such Houses or Tenements , such monies as they or any of them have paid , with Interest for the same , he or they discounting for the mean profits thereof . Provided alwayes , That neither this Act , nor any thing therein contained , shall extend to confirm VVilliam Hook in the Mastership of the Kings Majesties Hospital of the Savoy , nor to confirm or make good any Lease of any Lands or Tenements belonging to the said Hospital , made between the thirtieth day of January , in the year of our Lord One thousand six hundred forty eight , and the first day of June , One thousand six hundred and sixty ; The Master of the said Hospital for the time being , allowing and reimbursing to all such Lessees all such summ or summs of money , as they or any of them paid to the then Master of the said Hospitall by way of Fine , at the time of such Lease making , and Interest for the same , And the said Lessees and every of them disc●unting for the mean profits of the same . Provided alwayes , and be it enacted by the Authority aforesaid , That this Act , or any thing herein contained , shall not extend to confirm or make good any Lease or Grant made , or mentioned to be made to any person or persons by John Owen late Dean , and others , Canons , or pretended Dean and Canons of the Colledge of Christ Church in the Vniversity of Oxford , or by any of them , of any the Rectories , Tythes , or Gleab Lands of Hampton , Wickenford , Badsey , Aldington , Uffenha● , South-Littleton , North Littleton , and Middle Littleton , in the County of Worcester , heretofore the possessions of Henry late Marquess of Worcester , and Dame Anne his Wife , or either of them , and whereo the said Henry was dispossest for his Allegiance and Loyalty to his late Majesty of Blessed Memory ; But that the Executor or Administrator of the said Henry , shall and may be admitted to renew the Leases of the said Tythes , for such terme or terms , as the said Dean and Chapter of Christ Church are by Law enabled to grant the same , the said Executors or Administrators satisfying and reimbursing to such person or persons , all such summ or summs of money , as he or they have payd for the said Lease or Leases , by way of Fine , with Interest for the same , the said person or persons discounting to the said Executors or Administrators , for the mean Profits received thereupon . Provided also , That this Act , or any thing therein contained , shall not extend to confirm or make good any Lease , Leases , or Estate made by any pretended Dean and Chapter , Master or Head of any Colledge or Hall in either of the Vniversities , or of any pretended Master or Governors of any Hospital , which said Lease , Leases or Estate had not been good or effectual in Law , had they been made by a lawful Dean & Chapter , Master , Head or Governor of any Colledge , Hall or Hospital aforesaid ; This Act , or any thing herein contained to the contrary notwithstanding . Provided also that this Act , or any thing therein contained , shall not extend to confirm or make good any Leafe or Leases of the Rectory or Parsonage of Arrington in the County of Cambridge , which hath long been in the tenure and occupation of Thomas ●hicheley Esq ; and his Ancestors , by several successive Leases from the Master and Fellows of Trinity Colledge in Cambridge ; Nor shall confirm or make good any Lease or Leases of the Rectory or Parsonage of Soham in the said County of Cambridge , which hath likewise been , and still is in the occupation and possession of the said Thomas Chicheley , by Lease from the Master and Fellows of Pembroke Hall in Cambridge , but that the said Thomas Chicheley ( paying and reimbursing the several and respective Tenants or Lessees , the several and respective sums of money by them severally and respectively paid to the said Colledge and Hall , for or in the name of any Fine or Fines , for the making or granting such new Lease or Leases , with Interest , discounting such Rents and Profits as by them respectively have been taken or received out of the premisses ) shall be restored to his said ancient Possessions . And the said Colledge and Hall respectively shall be enabled to Lease the said several Rectories and Parsonages , with their respective Appurtenances , unto the said Thomas Chicheley ; This Act , or any thing herein contained to the contrary thereof in any wise notwithstanding . Provided alwayes , That neither this Act , nor any thing therein contained , shall extend to restore any person or persons to any Headship , Fellowship , or Scholarship of any Colledge or Hall , or to any Chaplains or 〈◊〉 place , in any Colledge or Hall , in 〈…〉 the Vniversities , or to any Lecture or Readers place , that is or shall be before the first day of January , One thousand six hundred and sixty , eiected out of their respective Headship , Fellowship , Scholarship , Chaplain or Clerks-place , or out of any Lecture in the said Vniversities , by his Majesties Commissioners under the Great Seal , for not having been legally and according to the severall Statutes of the said respective severall places nominated , elected or admitted in or to the same ; Any thing in this Act contained to the contrary notwithstanding . Anno XII . CAROLI II. Regis . An Act for prohibiting the Exportation of Wooll , Woolfels , Fullers Earth , or any kind of Scouring Earth . FOr the better preventing and avoiding of such Losses and Inconveniencies as have happened , and daily do and may happen to the Kingdome of England , and Dominion of Wales , and to the Kingdome of Ireland by and through the secret and subtile exportation and transportation , and by and through the secret and subtle carrying and conveighing away of Wooll , Woolfells , Mortlings , Sherlings , Yarn made of Wooll , Woolflocks , Fullers Earth , and Fulling Clay , out of and from the Kingdome and Dominion aforesaid , and for the better setting on work the poor people and Inhabitants of the Kingdomes and Dominion aforesaid . And to the Intent that the full and best use and benefit of the principal native Commodities of the same Kingdomes and Dominion may come , redound , and be unto and amongst the Subjects and Inhabitants of the same , and not unto or amongst the Subjects and Inhabitants of the Realm of Scotland , or of any Foreign Realms or States , as the same now of late in some great measure hath done , and is further likely to do , if some severer punishment then heretofore be not speedily inflicted upon such Offenders , as shall be Actors or Assistants in and to such Exportation and Transportation , and in and to such carrying and conveying away thereof as aforesaid ; Be it Enacted by the Kings most Excellent Majesty , the Lords and Commons in this present Parliament Assembled , and by the Authority of the same , That no person or persons whatsoever , from and after the fourteenth day of January One thousand six hundred and threescore , shall directly or indirectly , Export , Transport , carry or convey , or cause or procure to be Exported , Transported , carried or conveyed out of , or from the Kingdome of England , or Dominion of Wales , or Town of Barwick upon ●wede , or out of or from the Isles of Jersey or Guernzey , with Sarke and Alderney , being under the Government of Guernzey aforesaid , or out of or from any of them , or out of , or from the Kingdome of Ireland aforesaid , into any parts or places out of the Kingdomes , Isles or Dominion aforesaid , any Sheep or Wooll whatsoever , of the breed or growth of the Kingdomes of England or Ireland , or Isles or Dominion aforesaid ; Or any Wooll fells , Mortlings or Shorlings , or any Yarn made of Wooll , or any Woolflocks , or any Fullers Earth , or any Fulling Clay whatsoever ; nor shall directly or indirectly pack or load , or cause to be packed or loaded upon any Horse , Cart , or other Carriage , or Load , or lay on board , or cause to be loaden or laid on board in any Ship or other Vessel , in any place or Port within the Kingdomes of England or Ireland , or Town of Berwick , or Isles , or Dominion aforesaid , any such Sheep , Wooll , Woolfells , Mortlings , Shorlings , Yarn made of Wooll or Woollflocks , or any Fullers Earth or Fulling Clay , to the intent or purpose to export , transport , carry or convey the same , or to cause the same to be exported , transported , carryed or conveyed out of the Kingdomes of England or Ireland , Town of Berwick , Isles or Dominion aforesaid , or with intent or purpose , that any other person or persons should so export , transport , carry or convey the same into any parts or places out of the Kingdomes of England and Ireland , Town of Berwick , Isles or Dominion aforesaid , into the Kingdome of Scotland , or any Foreign parts . And be it further Enacted by the Authority aforesaid , That no Wooll , Woolfells , Mortlings , Shorlings , Yarn made of Wooll , Woollflocks , or any Fullers Earth , or Fulling Clay , shall be from and after the fourteenth day of January , in the year of our Lord One thousand six hundred and threescore , exported , transported , carried or conveyed out of the Kingdome of England and Dominion of Wales , or Town of Berwick , or Kingdome of Ireland , or out of any Port or place of the said Kingdomes respectively unto the Isles of Jersey or Guernzey , or to Sarke or Alderney , Except as in this Act shall be hereafter limited or appointed . And be it further Enacted by the Authority aforesaid , That all and every the Offender & Offenders , offence and offences aforesaid , shall be subject and lyable to the respective pains , penalties and forfeitures hereafter following , That is to say , The said Sheep , Woolls , Woolfels , Mortlings , Shorlings , Yarn made of Wooll , Woolflocks , Fullers Earth , and Fulling Clay , so exported , transported , carryed , conveyed , packed or loaden contrary to the true intent of this Act , shall be forfeited , and that every offender and offenders therein shall forfeit Twenty shillings for every such Sheep , and Three shillings for every pound weight of such Wooll , Woolfels , Mortlings , Shorlings , Yarn made of wool , wool-flocks , Fullers earth , or Fulling Clay . And also the owners of the said Ships or Vessels knowing such offence , shall forfeit all their Interest in the said Ships or Vessels , with all their Apparel and furniture to them and every of them belonging . And that the Master and Mariners thereof , knowing such offence , and wittingly and willingly aiding and assisting thereunto , shall forfeit all their Goods and Chattels , and have Imprisonment for the space of three moneths without Bail or Main-prise ; the one moiety of which said penalties and forfeitures shall be to the Kings Majesty , his Heirs and Successors ; and the other moiety to him that will sue for the same by Action of Debt , Bill , Plaint or Information in any of his Majesties Courts of Record , or before the Iustices of Assize , or in the General Quarter Sessions of the Peace : In which Suit , no Essoyn , protection or wager of Law shall be allowed . And be it further Enacted , That if any Merchant or other person or persons shall after the said fourteenth day of January transport or cause to be transported , any Sheep , Wool , Wool-fels Mortlings , Shorlings , Woollen-yarn , Wool-flocks , Fullers-earth or Fulling-clay , contrary to the true intent of this Act , and be thereof lawfully convicted , That then he shall be disabled to require any debt or Accompt of any Factor or others for or concerning any Debt or Estate properly belonging to such offendor . Provided alwaies and it is nevertheless declared , That this Act or any thing therein contained shall not be construed to take away any greater pains or penalties inflicted or to be inflicted for any the offences aforesaid by vertue of any former Act of Parliament now in force . And be it also further Enacted by the authority aforesaid , That every offence that shall be done or committed contrary to this Act , shall and may be inquired of and heard , examined , tryed and determined in the County where such Sheep , Wooll , Wool-fels , Mortlings , Shorlings , Yarn made of Wooll , Wool-flocks , Fullers-earth , or Fulling-clay respectively shall be so packed , loaden , or laid aboard as aforesaid contrary to this Act , or else in the County where such offenders shall happen to be apprehended , or arrested for such offence , in such manner and form , and to such effect to all intents and purposes as if the same offence had been wholly and altogether done and committed at and in such County . Provided alwaies and be it enacted by the authority aforesaid , That no person or persons whatsoever shall at any time hereafter be impeached for any offence aforesaid , unless such person or persons shall be prosecuted within the space of one year next ensuing such offence committed . And be it further Enacted by the Authority aforesaid , That it shall and may be lawfull to and for any person or persons to seize , take and challenge to his or their own use and behoof , and to the use of the King , his Heirs and Successors , all and all manner such Sheep , Wool , Woolfels , Mortlings , Shorlings , Yarn made of Wool , Wool-flocks , Fullers-earth and Fulling clay , as he or they shall happen to see , finde , know or discover to be laid aboard in any Ship or other Vessel or Boat , or to be brought , carried or laid on shore at or near the Sea or any Navigable River or Water , to the intent or purpose to be exported , transported or conveyed out of the Kingdoms of England , or Ireland , Town of Berwick , Isles or Dominion aforesaid contrary to the true meaning of this Act , or to be packed or loaden upon any ●●orse , Cart or other Carriage , to the intent or purpose to be conveyed or carried into the Kingdome of Scotland aforesaid ; and that such person or persons as shall happen so to seize , take or challenge any such Sheep , Wooll , Wool-fells , Mortlings , Shorlings , Yarn made of Wooll , Woolflocks , Fullers Earth or Fulling Clay as aforesaid , shall have the full moiety thereof , to all intents and purposes . Provided alwayes , That such person or persons as shall make any such seizure or Challenge as aforesaid to his or their own use , shall not be admitted or allowed to give in Evidence upon his or their Oath or Oathes against any person or persons , which shall happen to be indicted , accused or questioned by vertue of this Act , or any thing therein contained . And furthermore be it Enacted by the Authority aforesaid . That all and every Ship , Vessel , Hulke , Barge or Boat , of what kinde soever , whereof any Alien born , or whereof any naturall born Subjects not inhabiting within the Realm of England , shall be owner or part owner , and wherein any Sheep , Wooll , Wool-fells , Mortlings , Shorlings , Yarn made of Wooll , Wooll-flocks , Fullers Earth , or Fulling Clay shall happen to be Shipped , put or laid aboard contrary to the true meaning of this Act , shall be forfeited to the Kings Majestie , his Heirs and Successors . Provided alwayes , That this Act shall not extend to any Lamd skin ready drest , and prepared fit and usefull for Furr or Lynings . Provided also , That this Act shall not in any wise extend to the transporting , carrying or conveying away of any such Wool-fells or Pelts , with such VVooll upon them , or to any Beds stuffed with Flocks , which shall be carryed or imployed in any Ship or other vessel for necessary use onely , of and about the Ordnance or other thing in or concerning such Ship or Vessel , or onely for the necessary use of any the persons in such Ship or Vessell , passing or being , and which shall not be sold or uttered in any Foreign parts , out of the Kingdomes of England or Ireland , or Town of Berwick , Istes or Dominion aforesaid ; nor to the exporting , transporting , carrying or conveying of any Weather-sheep , or of the VVooll growing upon any such VVeather-sheep , to be carryed alive in any Ship or other Vessell , for and towards the onely necessary food or diet , of or for the Company or Passengers or other persons therein , and for and towards none other purpose . Provided alwayes , and be it further Enacted , That this Act or any thing therein contained shall not extend to any such Wooll to be exported or transported out of or from the Port of Southampton , onely unto the aforesaid Isles of Jersey and Guernzey , by , or for the onely use or behoof of any the Inhabitants of the said Isles of Jersey and Guernzey , or either of them , or to any such VVooll to be shipped or loaden aboard in any ship or other vessel , by , or for the only use or behoof of any the Inhabitants of the said Isles of Jersey or Guernsey , or either of them in the Port aforesaid , to be exported and transported into the said Isles of Jersey or Guernzey or either of them ; so as such person and persons that shall so ship or lay aboard such Wooll into any ship or other vessel , do before the shipping or laying aboard such VVooll , deliver unto the Customer , Comptroller , Surveyor or Searcher of the Port of Southampton aforesaid ( out of which the same VVooll is to be exported ) a writing under the Seal or Seals of the respective Governors of the same Isles of Jersey and Guernzey , unto which the said Wool is to be transported , or of his or their Deputy or Deputies respectively , the which writing shall purport and express that the party named in such writing is authorised and appointed to export or to cause to be exported out of the Port aforesaid so much Wooll , expressing the number of the Tods , to the same Isle , to be used or manufactured in one of the same Isles , or in some of the members or parts of the same , and that such party so authorised and appointed to export or cause to be exported that Wool , hath before the making and sealing of that writing , entred sufficient Bond to his Majesties use for the landing of the said Wool in that Isle . And to the intent that the quantity of Wooll to be exported out of the Port of Southampton aforesaid into the said Isles or either of them in any one year , accompting the year to begin from the first day of January next ensuing , and so yearly from the first day of January , may not exceed the Quantity hereunder specified ; that is tosay , unto the Isle of Jer●ey Two thousand Tods and no more of unkeamed Wool , and unto Guernzey One thousand Tods and no more of unkeamed Wool , and unto Alderny Two hundred Tods and no more of unkeamed Wool , and unto Sarke One hundred Tods of unkeamed Wool and no more , every Tod not exceeding thirty two pounds . And be it enacted by the Authority aforesaid , That the Governor of the said Isle of Jersey or his Deputy for whom he will answer , shall not make to any person or persons any writing or writings such as is above specified , to authorise or appoint such person or persons as aforesaid , to fetch , e●port , or transport out of the Port of Southampton aforesaid unto the said Isle of Jersey in one year , accompting the year from the first day of January , One thousand six hundred and sixty aforesaid , any greater quantity of VVool then Two thousand Tods in any one year ; and that the Governor of the said Isle of Guernzey , or his Deputy for whom he will answer , shall not make to any person or persons any writing or writings , such as is above specified , to authorise and appoint such person or persons as aforesaid , to fetch , export , or transport out of the Port above specified unto the said Isles of Guernzey , with Alderny and Sarke , in any one year , accepting the year from the first day of January aforesaid , any greater quantity of VVooll then One thousand Tods for Guernzey , Two hundred Todds for Alderney , and One hundred Todds for Sarke in any one year ; and that the Customer of the Port of Southampton aforesaid , shall keep a true accompt of all the said quantity of Woolls so by him permitted to be loaden by vertue of this Act , and shall not permit any greater quantity of VVoolls to be loaden then by this Act is prescribed in any one year to either of the said Islands respectively under any pretence whatsoever , upon the penalty of the forfeiture of his place , and the summe of One hundred pounds in money , one moyety whereof to the Kings Majesty , His Heirs and Successors , and the other moyety to him or them that will sue for the same in any Court of Record , wherein no Essoyne , protection or wager of Law shall be allowed . And if any of the Governors aforesaid , or any their or either of their Deputy or Deputies of the said Isles , or either of them , shall give , grant , or make any Licence or Licences for exporting from Southampton aforesaid , into the said Isles respectively , of any greater quantity of such VVooll , then is before by the true meaning of this Act limitted and appointed in that behalf ; That then the respective Governor or Governors of such of the said Isles , shall forfeit and pay to the Kings Majesty , His Heirs or Successors , the summ of Twenty pounds of lawful money of ●ngland , for every Todd of VVooll which shall be so licenced to be exported , over and above the rate or proportion of VVooll in and by this Act , or the true meaning thereof limited or appointed . And be it further Enacted by the Authority aforesaid , That the respective Governors aforesaid , or their respective Deputies , or any their Clerks , Officers or Servants , for the Granting , making , or Sealing of every such writing of Licence as is aforesaid , and for the entring a Remembrance of the same into some book , which they shall have and keep for that purpose , may have and take the summ of Twelve pence , and no more , upon pain of Forfeiting to be partie grieved the summ of Five shillings for every penny which shall be taken over and above the said summ of twelve pence , in and by this Act allowed to be taken , and so after that proportion , the said penalty or Forfeiture for the taking above Twelve pence as aforesaid , to be recovered by Bill , Plaint or Information in any Court of Record at Westminster or elsewhere , wherein no Injunction , Protection , Priviledge , Essoyne or wager of Law shall be admitted or allowed . Anno Regni CAROLI IJ. REGIS Angliae , Scotiae , Franciae , & Hiberniae , DUODECIMO . At the Parliament begun at Westminster the Five and twentieth day or April , An. Dom. 1660. In the Twelfth Year of the Reign of Our most Gracious Soveraign Lord CHARLES , By the Grace of God , of England , Scotland , France , and Ireland , King , Defender of the Faith , &c. LONDON , Printed by JOHN BILL , Printer to the Kings most Excellent Majesty , 1660. CUM PRIVILEGIO . Anno XII . CAROLI . II. Regis . An Act for Confirmation of Marriages . WHereas by vertue or colour of certain Ordinances , or certain pretended Acts or Ordinances , divers marriages since the beginning of the late troubles , have bee● had and solemnized in some other manner then hath been formerly used and accustomed : Now for the preventing and avoyding of all doubts and questions touching the same , It is Enacted by the Kings most Excellent Majesty , with the advice and assent of the Lords and Commons in Parliament Assembled , and by Authority of the ●ame , That all Marriages had or Solemnized in any of his Majesties Dominions since the first day of May , in the year of our Lord , One thousand six hundred forty and two , before any Iustice of Peace , or reputed Iustice of Peace , of England or Wales , or other his Majesties Dominions , and by such Iustice or reputed Iustice , so pronounced or declared . And all Marriages within any of His Majesties Dominions , since the same first day of May , in the year of our Lord , One thousand six hundred forty two , had or solemnized according to the direction or true intent of any Act or Ordinance , or reputed Act or Ordinance , of one or both Houses of Parliament , or of any Convention sitting at Westminster ; under the name Stile or Title of a Parliament , or assuming that name , Stile or Title , shall be , and shall be adjudged , esteemed , and taken to be , and to have been of the same and no other force and effect , as if such Marriages had been had and solemnized according to the Rites and Ceremonies established , or used in the Church or Kingdom of England , any Law , Custome , or Vsage to the contrary thereof notwithstanding . And be it further Enacted , that where in any Suite commenced or to be commenced in any of the Courts of the Common Law , any issue hath beén joyned , and not already tryed or determined , or shall be joyne● upon the point of Bastardy , or lawfulness of marriage , for or concerning the marriages had and solemnized as aforesaid , the same issues shall be tryed by Iury of twelve men according to the course of Tryal of other issues tryable by Iury at the Common Law , and not otherwise , any Law , Statute , or Vsage to the contrary thereof , in any wise notwithstanding . Anno XII . CAROLI . II. Regis . An Act for Prohibiting the Planting , Setting , or Sowing of Tobacco in England and Ireland . YOur Majesties loyal and obedient Subjects , The Lords and Commo●s in this present Parliament Assembled considering of how great concern and importance it is , That the Columes and Plantations of this Kingdom in America , be defended , protected , maintained , and kept up , and that all due and possible encouragement be given unto them ; and that not onely in regard great and considerable Dominions , and Countries , have been thereby gained , and added to the Imperial Crown of this Realm ; But for that the strength and welfare of this Kingdom do very much depend upon them , in regard of the employment of a very considerable part of its Shipping and Seamen , and of the vent of very great quantities of its Native Commodities and Manufactures , as also of its supply with several considerable Commodities which it was wont formerly to have onely from Forraigners , and at far dearer Rates : And forasmuch as Tobacco is one of the main products of several of those Plantations , and upon which their welfare , and subsistence , and the Navigation of this Kingdom , and vent of its Commodities thither , do much depend ; and in regard it is found by experience , That the Tobaccoes Planted in these parts are not so good , and wholsome for the Takers thereof ; And that by the Planting thereof your Majesty is deprived of a considerable part of Your Revenue arising by Customes upon Imported Tobacco ; Do most humbly pray that it may be Enacted by your Majesty : And it is hereby Enacted by the Kings most Excellent Majesty , and the Lords and Commons in this present Parliament Assembled , and by the Authority of the same : That no person or persons whatsoever shall , or do from and after the first day of January , in the year of our Lord , One thousand six hundred and sixty , Set , Plant , improve to grow , make or cure any Tobacco either in Seed , Plant , or otherwise , in or upon any Ground , Earth , Field , or Place , within the Kingdom of England , Dominion of Wales , Islands of Guernsey or Jersey , or Town of Berwick upon Tweed , or in the Kingdom of Ireland , under the penalty of the Forfeiture of all such Tobacco , or the value thereof , and of the sum of forty shillings for every , Rod or Pole of Ground to Planted , Set , or Sowen as aforesaid ; and so portionablely for a greater or 〈◊〉 quantity of Ground , One Moyety thereof to His Majesty , His Heirs and Successors : And the other Moyety to him or them that shall Sue for the same , to be recovered by Bill , Plaint , or Information in any Court of Record , wherein no Essoign , Protection , or Wager in Law shall be allowed . And it is hereby further Enacted , That all Sheriffs , Iustices of the Peace , Maiors Bailiffs , Contrables , and every of them , upon Information or Complaint made unto them , or any of them , by any the Officers of the Customes , or by any other person , or persons whatsoever , That there is any Tobacco Set , Sowen , Planted , or growing within their Iurisdictions , or Precincts , contrary to this Act , shall within Ten days after such Information or Complaint , cause to be burnt , plucked up , consumed , or utterly destroyed , all such Tobacco so Set , Sowen , Planted or Growing . And it is hereby further Enacted , That in case any person or persons shall resist , or make forcible opposition against any person or persons in the due and through Execution of this Act , that every such person or persons for every such offence , shall forfeit the sum of five pounds to be divided and recovered in manner aforesaid . And in case any person or persons shall not pay the sums of money , by them to be paid , by vertue of this Act , That in every such case , Destress shall be made and Sale thereof , returning the Over-plus to the Owners ; And in case no Destress be to be found , That then every such party shall be committed to the Common Gaol in the County where such Offence shall be committed , there to remain for the space of two Moneths , without Bail or Main-prize . Provided always , and it is hereby Enacted , That this Act , nor any thing therein contained , shall extend to the hindring of the Planting of Tobacco in any Physick Garden of either University , or in any other private Garden for Physick or Chirurgery , onely so as the quantity so Planted exceed not one half of one Pole in any one place or Garden . Anno XII . CAROLI II. Regis . An Act for erecting and establishing a Post-Office . WHereas for the maintenance of mutual Correspondencies , and prevention of many Inconveniences happening by private Posts , severall publique Post-Offices have been heretofore erected for carrying , and recarrying of Letters by Posts , to , and from all parts and places within England , Scotland , and Ireland , and severall parts beyond the Seas ; the well-ordering whereof , is a matter of general concernment , and of great advantage , as well for preservation of Trade and Commerce , as otherwise : To the end therefore that the same may be managed so , that speedy and safe dispatches may be had , which is most likely to be effected , by ere●ting one general Post-Office for that purpose ; Be it therefore Enacted by the Kings most Excellent Majesty , the Lords and Commons in this present Parliament assembled , and by the Authority of the same , That there be from henceforth one general Letter-Office erected and established in some convenient place within the City of Lond●n , from whence all Letters and Pacquets whatsoever may be with speed and expedition sent unto any part of the Kingdomes of England , Scotland , and Ireland , or any other of his Majesties Dominions , or unto any Kingdome or Countrey beyond the Seas , at which said Office all Returns and Answers may be likewise received ; And that one Master of the said General Letter-Office shall be from time to time appointed by the Kings Majesty , His Heirs , and Successors , to be made or constituted by Letters Patents under the Great Seal of England , by the name and style of his Majesties Post-Master Generall ; which said Master of the said Office , and his Deputy , and Deputies by him thereunto sufficiently authorised , and his and their Servants , and Agents ; and no other person or persons whatsoever , shall from time to time have the receiving , taking up , ordering , dispatching , sending Post or with speed , and delivering of all Letters & Pacquets whatsoever , which shall from time to time be sent to and from all and every the parts and places of England , Scotland , and Ireland , and other his Majesties Dominions , and to and from all and every the Kingdomes and Countreys beyond the Seas , where he shall settle or cause to be setled Posts or running Messengers for that purpose . Except such Letters as shall be sent by Coaches , common known Carryers of Goods by Carts , Waggons , or Packhorses , and shall be carried along with their Carts , Waggons , and Packhorses respectively ; And except Letters of Merchants and Masters which shall be sent by any Masters of any Ships , Barques , or other Vessel of Merchandize , or by any other person imployed by them for the Carriage of such Letters aforesaid , according to the respective directions ; And also except Letters to be sent by any private Friend or Friends in their wayes of journey or travel , or by any Messenger or Messengers sent on purpose , for or concerning the private affairs of any person or persons : And also except Messengers who carry and recarry Commissions or the Return thereof , Affidavits , Writs , Process , or Proceedings , or the Returnes thereof , issuing out of any Court. And be it furtther Enacted by the Authority aforesaid , That such Postmaster Generall for the time being , as shall from time to time be made and constituted by His Majesty , His Heirs and Successors , and the respective Deputies , or Substitutes of such Post-master General , and no other person or persons whatsoever , shall prepare , and provide Horses and Furniture to let to Hire unto all Through-Posts , and persons riding in Post by Commission , or without , to and from all and every the parts and places of England , Scotland and Ireland , where any Post-roads are , or shall be setled and established . And be it further Enacted by the Authority aforesaid , That it shall and may be lawful to and for such Post-master General to be constituted and appointed as aforesaid , and his Deputy or Deputies by him thereunto sufficiently authorized , to demand , have , receive and take for the Portage and conveyance of all such Letters which he shall so convey , carry , or send Post as aforesaid , and for the providing and furnishing Horses for through-Posts , or persons riding in post as aforesaid , according to the several Rates and Summs of lawful English money hereafter mentioned , not to exceed the same ( that is to say ) For the Port of every Letter not exceeding one sheet , to or from any place not exceeding fourscore English Miles distant from the place where such Letter shall be received , Two pence ; And for the like port of every Letter not exceeding two sheets , Four pence ; And for the like Port of every Pacquet of Letters proportionably unto the said Rates ; And for the like Port of every Pa●quet of Writs , Deeds , and other things after the Rate of Eight pence for every ounce weight ; and for the Port of every Letter not exceeding one sheet , above the distance of fourscore English Miles from the place where the same shall be received , Three pence ; And for the like Port of a Letter , not exceeding Two sheets , Six pence ; and proportionably to the same rates , for the like port of all pacquets of Letters , and for the like port of every other Pacquet of Writs , Deeds , or other things , after the rate of Twelve pence of English money for every Ounce weight ; and for the port of every Letter not exceeding One sheet , from London unto the Town of Berwick , or from thence to the City of London , Three pence of English money ; And for the like port of every Letter not exceeding two sheets , Sir pence ; and proportionably unto the same Rates , for every Pacquet of Letters , and for every other Pacquet of greater bulk , One shilling and Six pence for every Ounce weight ; And for the port of such Letters and Pacquets as shall be conveyed or carried from the Town of Berwick unto any place or places within forty English Miles distance from Berwick , or any other place where such Letter shall be received , Two pence ; and for every Letter not exceeding two sheets , Four pence ; and proportionably to the same rates for every pacquet of Letters , and for every other pacquet or parcel , Eight pence for every Ounce weight ; and for every Letter not exceeding One sheet to be conveyed or carryed a further distance then Forty English Miles , Four pence ; And for the like port of every double Letter , Eight pence : And proportionably unto the same Rates for the like port of every pacquet of Letters , and for the like port of every other pacquet , One shilling for every ounce weight ; and for the port of every Letter not exceeding one sheet from England unto the City of Dublin in Ireland , or from the City of Dublin in Ireland unto England , Six pence of English money ; and for the like port of every Letter not exceeding two sheets one shilling , and proportionably to the same Rates for every Pacquet of Letters ; and for the port of every other pacquet of any kind of greater Bulk , Two shillings for every Ounce weight ; and for the port of such Letters or pacquets as shall be conveyed or carryed from the City of Dublin , unto any other place or places within the Kingdme of Ireland , or from any other place unto the said City , or to , or from any other place within the said Kingdome , according to the Rates , and summs of English money hereafter following , viz. For every Letter not exceeding one sheet , to or from any place within Forty English Miles distance from Dublin , or any other place where such Letter shall be received , Two pence ; And for every Letter not exceeding two sheets , Four pence , and proportionably to the same rates for every pacquet of Letters , and for every other pacquet of greater Bulk , Eight pence for every ounce weight ; and for every Letter not exceeding one sheet to be carryed or conveyed a further distance then Forty English miles , Four pence ; and for the like port of every Letter not exceeding two sheets , Eight pence ; and proportionably unto the same Rates for the like port of every pacquets of Letters , and for the like port of every other pacquets of greater Bulk , One shilling for every ounce weight ; and for all and every the Letters , pacquets , & parcels of goods that shall be carried or conveyed to , or from any of his Majesties said Dominious , to or from any other parts or places beyond the Seas , according to the severall and respective Rates , that now are , and have been taken for Letters , Pacquets , and parcels so conveyed , being rated either by the Letter , or by the Ounce weight , That is to say ,     d Morlaix , Saint Maloes , Caen , Newhaven , and places of like distance , port paid to Roan is for Single vi Double xii Treble xviii Ounce xviii     d Hamburgh , Cullen , Frankfort , port paid to Antwerp is Single viii Double xvi Treble xxiv Ounce xxiv     s d Venice , Geneva , Legorne , Rome , Naples , Messina , and all other parts of Italy , by way of Venice , franct pro Mantua Single o ix Double i vi Treble ii iii Ounce ii viii     s d Marcelia , Smerna , Constantinople , Aleppo , and all parts of Turkie , port paid to Marcelia Single i o Double ii o 3. q ●● . of an ounce ii ix Ounce iii ix     s d Genoua , Legorn , Rome , and other parts of Italy , by way of Lyons , franct pro Lyons Single i o Double ii o 3 q ●● . of an ounce ii ix Ounce iii ix And of Letters sent outwards ,     s d To Bourdeux , Rochel , Nantes , Orleans , Byon , Towers , and places of like distance , port paid to Paris Single o ix Double i vi Treble ii iii Ounce ii o     s d And for Letters brought from the same places into England Single i o Double ii o 3. q ●● . of an ounce iii o Ounce iv o Also Letters sent outwards ,     s d To Norembergh , Bremen , Dantswick , Lubeck , Lipswick , and other places of like distance , Post paid to Hamburgh Single i o Double ii o 3. q ●● . of an ounce iii o Ounce iv o     s d And for Letters brought from the said places to England Single o viii Double . i iv Treble ii o Ounce ii o And for the Port of Letters brought into England from     s d Calais , Diepe , Bulloigne , Abbeville , Amiens , Saint Omers , Montrell Single o iv Double o viii Treble i o Ounce i o     s d Rouen Single o vi Double i o Treble i vi Ounce i vi     s d Paris Single o ix Double i vi Treble i iii Ounce i o     s d Dunkirk , Ostend , Lille , Ipte , Courtrey , Gheandt , Bruxells , Bridges , Antwerp , & all other parts of Flanders Single o viii Double i iv Treble ii o Ounce ii o     s d Sluis , Flushing , Middleburgh , Amsterdā , Roterdam , Delph , Hagh , and from all other parts of Holland & Zealand Single o viii Double i iv Treble ii o Ounce ii o Provided alwayes , That all Mercha●●●● Accompts not exceeding one sheet of paper , and all Bills of Exchange , Invoyces , and Bills of Lading , are , and shall hereby be understood to be allowed without Rate in the Price of the Letters , and likewise the Covers of Letters not exceeding one fourth part of a sheet of Paper sent to Marseilles , Venice or Ligorne , to be sent forward to Turky , shall be understood to be allowed to pass without Rate or payment for the same ; and according to the same Rates and proportions for the port of Letters , Packquets & parcels to or from any of the parts or places beyond the Seas , where Posts have not been heretofore setled , and may hereafter be setled by the said Post-Master General for the time being , his Executors or Assignes : And it shall and may be lawful to and for such Post-Master General , & his Deputy and Deputies , to ask , demand , take and receive of every person that he or they shall furnish and provide with Horses , Furniture and Guide to ride , ost in any of the Post-roardes as aforesaid , Three pence of English money for each Horses Hire or Postage for every English Mile , and Foure pence for the Guide for every Stage . And whereas upon the arrival of Ships from parts beyond the Seas into several Ports within his Majesties Dominions , many Letters directed to several Merchants and others , have been detained long to the great damage of the Merchants , in want of that speedy advice and intelligence which they might have had if the same had been forthwith dispatched by the s●●●d posts , and sometimes such Letters have been delivered by the Masters or Passengers of s●●h Ships to ignorant and loose hands , that understand not the way and means of speedy conveyance and delivery of Letters , whereby great prejudice hath accrued to the affairs of Merchants and others , as well by the miscarryage of many Letters so brought , as oftentimes by the opening of the same to the discovery of the correspondencies and secrets of the Merchant . Be it further Enacted by the Authority aforesaid , That all Letters and Pacquets that by any Master of any Ship or Vessel , or any of his Company , or any Passengers therein shall or may be brought to any Port-Town within his Majesties Dominions , or any of the Members thereof , other then such Letters as are before excepted , or may be sent by common known Carriers in manner aforesaid , or by a friend as aforesaid ; shall by such Master , Passenger , or other person be forthwith delivered unto the Deputy or Deputies only of the said Post-Master General for the time being by him appointed for the said Port-Town , and by him or them to be sent Post unto the said General Post-Office to be delivered according to the several and respective directions of the same . And be it further Enacted by the aforesaid Authority , That no person or persons whatsoever , or Body politick or Corporate other then such Post-Master General , as shall from time to time be nominated and appointed by his Majesty , his Heires or Successors , and constituted by Letters Patents under the Great Seal of England as aforesaid , and his Deputy and Deputies or Affignes , shall presume to carry , recarry & deliver Letters for Hi●e , other then as before excepted , or to set up or imploy any Foot-post , Horse-post , Coach-post , or Pacquet-Boat whatsoever for the conveyance , carrying , and recarrying of any Letters or Pacquets by Sea or Land within his Majesties Dominions , or shall provide and maintaine Horses and Furniture for the horsing of any Thorow-posts , or persons riding in Post with a Guide and Horne , as usuall for hire , upon paine of forfeiting the summe of Five pounds of English money for every severall offence against the Tenor of this present Act , And also of the forfeiture of the summe of One Hundred pounds of like English money for every weeks time that any Offender against this Act shall imploy , maintaine , and continue any such Foot-post , Horse-post , Coach-post or Pacquet-Boat as aforesaid : which said several and respective Forfeitures , shall , and may be sued for , and recovered by Action or Actions of Debt , Plaint , or Information in any of his Majesties Courts of Record , wherein no Essoigne , Priviledge , protection , or Wager of Law shall be admitted ; and the said several and respective Forfeitures that shall happen from time to time to be recovered , shall be and remaine the one moiety thereof to his Majestie , & his Heires and Successors , and the other moiety thereof to such person or persons , who shall or will inform against the Offender or Offenders against this present Act , and shall or will sue for the said Forfeitures upon the same . Provided alwayes , That if any Post-Master of any respective place , doth not , or cannot not furnish any person or persons riding in Post with sufficient Horses within the space of one half hour after demand , That then such person or persons are hereby understood to be left at liberty to provide themselves , as conveniently they can ; And the persons who shall furnish such horses , shall not therefore be liable to any Penalties or Forfeitures contained in this Act. Provided alwayes , That if through default or neglect of the Post-Master Generall aforesaid , any person or persons riding in Post shall fail as aforesaid of being furnished with a sufficient Horse or Horses , for his or their use , after demand as aforesaid ; That in every such case , the said Post-master Generall shall forfeit the summ of Five pounds sterling , the one moiety to his Majesty , His Heirs and Successors , and the other moiety to him or them who shall sue for the same in any Court of Record , to be recovered by Bill , plaint , or other Information , wherein no Essoigne , Protection or other Wager in Law shall be admitted . Provided alwayes , and be it Enacted , That nothing herein contained shall be understood to prohibit the carrying or recarrying of any Letters or pacquets , to or from any Town or place , to or from the next respective Post-road , or Stage appointed for that purpose ; But that every person shall have free liberty to send and imploy such persons as they shall think fit , for to carry the said Letters or Pacquets as aforesaid without any forfeiture or penalty therefore , Any thing contained in this Act to the contrary notwithstanding . Provided alwayes , That if the Pacquet or Maile shall be carried out of England into any part beyond the Seas in any Ship or Vessel which is not of English built , and navigated with English Seamen , That in every such case , the said Post-master General shall forfeit the summ of One hnndred pounds Sterling ; The one moiety to his Majestie , his Heirs and Successors , and the other moiety to him or them , who shall sue for the same , in any Court of Record , to be recovered by Bill , plaint or other Information , wherein no Essoign , Protection , or other Wager in Law shall be allowed . Provided also , and be it Enacted by the Authority aforesaid , That no person or persons shall be capable of having , using , or exercising the Office of Post-master General , or any other imployment relating to the said Office , unless he or they shall first take the Oathes of Allegiance and Supremacy , before any two Iustices of the Peace of the respective Counties wherein such person or persons are or shall be resident , which said Iustices are hereby authorized to administer the said Oathes accordingly . Provided also , and be it Enacted by the Authority aforesaid , That a Letter or pacquet-post shall twice every week come by the way of Trurow and Penrin to the Town of Ma●ketiew alias Marhasion in the County of Cornwall ; and once a week to Kendal by the way of Lancaster , and to the town of Penrith in Cumberland by the way of Newcastle and Carssile ; and to the City of Lincoln , and the Burrough of Grimoby in the County of Lincolne , Any thing in this Act contained to the contrary thereof in any wise notwithstanding . Provided also and be it Enacted by the Authority aforesaid , That such Post-master Generall to be from time to time appointed by his Majesty , His Heirs and Successors as aforesaid , shall continue constant posts for carriage of Letters to all places , though they lie out of the post-Roads , as hath been used for the space of three years last past , at the rates herein before mentioned , under pain of forfeiture for every omission Five pounds , to be recovered by Action , suite , or plaint , in any his Majesties Courts of Record , the one moiety to the use of his Majesty , the other moeity to the use of the Informer . And for the better management of the said Post-Office , and that the people of these Kingdomes may have their intercourse of Commerce and Trade the better maintained , and their Letters and Advises conveyed , carried & recarried with the greatest speed , security , and convenience that may be ; Be it further Enacted , That the said Post-Master General so nominated , appointed and constituted as aforesaid , and his Deputies , shall from time to time observe and follow such Orders , Rules , Directions and Instructions for and concerning the settlement of convenient Posts and Stages upon the several Roads in England , Scotland and Ireland , and other his Majesties Dominions , and the providing and keeping of a sufficient Number of Horses at the said several Stages , as well for the carrying and conveying of the said Letters and Pacquets , as for the Horsing of all Thorow-Posts and persons Riding in Post by Warrant or otherwise as aforesaid , as his Majestie , his Heires and Successors shall from time to time in that behalf make , and ordaine ; And that his Majesty , his Heires and Successors may grant the said Office of Post-Master General , together with the powers and Authorities thereunto belonging , & the several Rates of Portage above mentioned , and all profits , priviledges , fees , perquisites & Emoluments thereunto belonging , or to belong , either for Life or Term of Years , not exceeding One and twenty Years , to such person or persons , and under such Covenants , Conditions and Yearly Rents to his said Majesty , his Heires and Successors reserved , as His said Majesty , His Heirs and Successors shall from time to time think fit for the best advantage and benefit of the Kingdome . Provided alwayes , and be it Enacted by the Athority aforesaid , That no person shall have power to take , use , or seize any Horses for the service mentioned in this Act , without the consent of the Owners thereof ; Any usage or pretence , or any thing in this Act contained to the contrary thereof in any wise notwithstanding . Provided always , and be it Enacted by the Authority aforesaid , That all Inland letters sent by any Packet-post established by this Act as aforesaid , do and shall pay the rates and prices before mentioned , at such Stage where they are last delivered only , unless the party that delivers the Letters desireth to pay elswhere ; Any thing in this Act to the contrary notwithstanding . Provided always , That all Letters , and other things , may be sent or conveyed to or from the two Vniversities in manner as heretofore hath been used ; Any thing herein to the contrary notwithstanding . Anno XII . CAROLI . IJ. Regis . An Act impowering the Master of the Rolls for the time being , to make Leases for years , in order to new Build the old Houses belonging to the Rolls . WHereas the Mansion-House , Ground , and Tenements , with the Appurtenances belonging to the Master of the Rolls , as Master of the Rolls , are much out of Repair , and not capable of Improvement , in regard the former Masters of the Rolls were not enabled to grant such Leases , and for such Terms as might encourage Tenants to Build and to Repair : Be it therefore Enacted by the Kings most Excellent Majesty , and the Lords and Commons in this present Parliament Assembled ; And it is hereby Enacted by the Authority aforesaid , That the Master of the Rolls for the time being , and his Successors , Masters of the Rolls , shall have good right , full power , and lawful Authority , during the time he or they shall continue Master of the Rolls , by writing indented , under Hand and Seal , to Grant and make Leases for one and forty years , or for any lesser term , to commence from the making of any such Leases , of all and singular the Premisses , or any part thereof , the Chappel of the Rolls with a convenient Mansion-house , Court , Yard , Garden , Stable , Coach-house , and other Our-houses and Buildings , fit for the use and habitation of the Master of the Rolles , onely excepted ; which Lease and Leases , so to be made , shall be good and effectuall in Law to all intents and purposes , as if such Master of the Rolls for the time being , as shall so make the same , had beén seized of the premisses of a good Estate in Feé simple . Provided , That in Leases where provision is made for new building of Houses or Tenements , that the yearly Rent of Twenty shillings at the least shall be reserved upon every Lease of such a quantity of the said Premisses , as shall be set out and Assigned by the Master of the Rolls for the time being for any one house or Tenement to be built upon ; And that in Leases where there is no provision for new building , the like usual Rent that hath beén paid or reserved for the greater part of seven years now last past , or more , shall be yearly reserved . Provided also , That the Master of the Rolls for the time being , or any succeéding Master of the Rolls , after the Prenusses have beén once Letten , according to the power given as abovesaid , shall not grant or make any new or concurrent Lease untill within seven years of the expiration of the Lease then in being , nor for any lesser Rent then was reserved upon the former Lease , nor for any longer term , then for the term of one and twenty years from the making of such new Lease . Jo : Browne Cleric . Parliamentorum . 1. AN Act for the restoring of Henry Lord Arundel of Warder to the possession of his estate . 2. An Act for restitution of Thomas Earl of Arundel , Surrey and Norfolk , to the Dignity and Title of Duke of Norfolk . 3. An Act to restore to Wentworth Earl of Roscomon , of the Kingdom of Ireland , all the Honors , Castles , Lordships , Lands , Tenements and Hereditaments in Ireland , whereof James Earl of Roscomon his Great-Grand Father , or Iames Earl of Roscomon his Father , &c. 4. An Act for restoring of Sir George Hamilton unto his Lands and Estate in Ireland . 5. An Act for maintenance of the Vicar for the time being of the Vicaridge of Royston in the Counties of Hertford and Cambridge , and of his Successors , Vicars of the said Vicaridge . 6. An Act for enabling Sir William VVray to sell Lands for payment of his debts , and raising of Portions for his younger Children . 7. An Act for naturalizing of Gerrard Vanheuthusen , Daniel Demetrius , and others . 8. An Act for enabling of Iohn Newton the younger , and William Oakeley , to make sale of Lands for payment of debts , and raising of Portions , &c. 9. An Act for the levying of certain moneys due upon the collection for the Protestants of Piedmont . 10. An Act for the Naturalization of John Boreell Esq ; Eldest Son of Sir William Borreell Knight and Baronet . 11. An Act for the Naturalization of Abraham Watchtor born beyond the Seas . 12. An Act for restoring of Sir Thomas Crimes Baronet , to his Estate . 13. An Act for enabling George Fawnt of Foston in the County of Leicester Esq ; to sell and conveigh part of his Lands , for payment of several Debts and Legacies charged upon his Estate by Sir William Fawnt Knight deceased , aud for the raising of Portions for his younger children , and making his Wife a Joynture . 14. An Act for Naturalizing Francis Hide , and others . 15. An Act to enable Joseph Micklethwaite an Infant , and his Trustees , to sell Lands for payment of his Fathers Debts . 16. An Act for raising portions , and making provision for maintenance for the younger children of Sir Edward Gostwicke . 17. An Act for confirming the Sale of the Mannor of Hitcham , sold to Charles Doe , by Sir Iohn Clarke Knight and Baronet , and for setling and disposing other the Lands of the said Sir Iohn Clarke and Dame Philadelphia his Wife . 18. An Act for the setling of some of the Mannors and Lands of the Earl of Cleaveland in Trustees , to be sold for the satisfying of the Debts of the said Earl , and of Thomas Lord VVentworth his Son. 19. An Act for the disappropriating of the Rectory appropriate of Preston , & uniting and consolidating of the said Rectory , and of the Vicaridge of the Church of Preston ; and for assuring of the Advowson , and right of Patronage of the same unto the Master , Fellows , and Scholars of Emanuel Colledge in Cambridge , and their Successors . 20. An Act for making the Precinct of Covent Garden Parochial . LONDON , Printed by John Bill , Printer to the KING ' s most Excellent MAJESTY . 1660. At the KING'S Printing-House in Black-Fryars . 
A52526	----	An exact and most impartial accompt of the indictment, arraignment, trial, and judgment (according to law) of twenty nine regicides, the murtherers of His Late Sacred Majesty of most glorious memory begun at Hicks-Hall on Tuesday, the 9th of October, 1660, and continued (at the Sessions-House in the Old-Bayley) until Friday, the nineteenth of the same moneth : together with a summary of the dark and horrid decrees of the caballists, preperatory to that hellish fact exposed to view for the reader's satisfaction, and information of posterity. Nottingham, Heneage Finch, Earl of, 1621-1682. 1679 Approx. 785 KB of XML-encoded text transcribed from 166 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A52526 Wing N1404 ESTC R17120 12210333 ocm 12210333 56280 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A52526) Transcribed from: (Early English Books Online ; image set 56280) Images scanned from microfilm: (Early English books, 1641-1700 ; 613:4) An exact and most impartial accompt of the indictment, arraignment, trial, and judgment (according to law) of twenty nine regicides, the murtherers of His Late Sacred Majesty of most glorious memory begun at Hicks-Hall on Tuesday, the 9th of October, 1660, and continued (at the Sessions-House in the Old-Bayley) until Friday, the nineteenth of the same moneth : together with a summary of the dark and horrid decrees of the caballists, preperatory to that hellish fact exposed to view for the reader's satisfaction, and information of posterity. Nottingham, Heneage Finch, Earl of, 1621-1682. [3], 329 p. Printed for R. Scot, T. Basset, R. Chiswell and J. Wright, London : 1679. Errors in paging. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Charles -- I, -- King of England, 1600-1649. Regicides. 2006-01 TCP Assigned for keying and markup 2006-01 Aptara Keyed and coded from ProQuest page images 2007-01 Ali Jakobson Sampled and proofread 2007-01 Ali Jakobson Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion Imprimatur ; J. BERKENHEAD . 1660. AN EXACT and most IMPARTIAL ACCOMPT OF The Indictment , Arraignment , Trial , and Judgment ( according to Law ) of Twenty Nine REGICIDES , THE Murtherers Of His Late . SACRED MAJESTY Of Most Glorious Memory : Begun at Hicks-Hall on Tuesday , the 9th . of October , 1660. And Continued ( at the Sessions-House in the Old-Bayley ) until Friday , the nineteenth of the same Moneth . Together with a SUMMARY of the Dark , and Horrid Decrees of those Caballists , Preparatory to that Hellish Fact. Exposed to view for the Reader 's Satisfaction , 〈◊〉 Information of Posterity . London , Printed for R. Scot , T. Basset , R. Chis●ell ▪ and J. Wright , 1679. A SUMMARY ( by way of Premise ) of the dark Proceedings of the Cabal at WESTMINSTER , Preparatory to the Murther of His late Sacred Majesty , Taken out of their own Journal-Book . THe Commons Resolved , That no further Addresses be made to the King , by themselves , nor by any other , without leave of both Houses ; And those , that do , to incur the Penalty of High-Treason . And Declare , They will receive no more Messages from Him. And Enjoyn , That no Person , whatsoever , receive , or bring , any Message from Him , to Both , or either Houses , or to any other Person . 15. Jan. 1647. The Lords concurred to these Votes . 17. August , 1648. The Commons concur with the Lords , That these Votes for Non-Addresses be Revoked . 20. November , 1648 The Army present their Remonstrance to the Parliament , for bringing Delinquents to Justice . 24. November , 1648. The Treaty , at the Isle of Wight , Voted to continue till the twenty seventh of November . 1. December , 1648. Master Hollis presents an Account of the Treaty with the King. And , the same day , information was brought them of the King 's being removed , from Carisbrook , to Hurst Castle . 5. December , 1648. The King's Answer to the Propositions Voted a Ground for the House to proceed upon , for Settlement of the Peace of the Kingdom . 6. December , 1648. The Members were secured by Colonel Pride . 7. December , 1648. The House of Commons appointed a day of Humiliation ; Peters , Caryl , and Marshal , to perform the Duty . The several Votes For Revoking the Votes for Non Addresses to the King , For a Treaty to be had with Him , That His Answers to the Propositions , were a Ground for Peace , Voted Dishonourable and Destructive . 23. December , 1648. A Committee was appointed to consider , how to proceed in a way of Justice against the King , and other Capital Offenders . 28. December , 1648. An Ordinance for Trial of the King was read . 1. January , 1648. Declared , and adjudged by the Commons , That , by the Fundamental Laws , It is Treason in the King of England for the time being , to levy War against the Parliament and Kingdom . 2. Jan. 1648. The Lords disagreed to this Vote , and cast it out , and the Ordinance for Tryal of the King , Nemine contradicente . 3. Jan. 1648. The same Vote was again put to the question in the House of Commons , and carried in the Affirmative . 4. Jan. 1648. Master Garland presents a new Ordinance for erecting an High Court of Justice for Tryal of the King : which was read the first , second , and third time , assented to , and passed the same day . And Ordered no Copy to be delivered . Same day . Resolved , That the People are ( under God ) the Original of all just Powers . That themselves , being Chosen by , and Representing the People , have the Supreme Power in the Nation . That whatsoever is Enacted , or Declared , for Law by the Commons in Parliament , hath the force of a Law , and the People concluded thereby : though Consent of King , and Peers , be not had thereunto . 6 Jan. 1648. The Commissioners for Tryal of the King are Ordered to meet on Monday then next at two of the Clock , in the Painted-Chamber , Their days of sitting were , 8 , 10 , 12 , 13 , 15 , 17 , 18 , 19 , 20 , 22 , 23 , 24 , 25 , 26 , 27 , 29 , of January , 1648. Painted-Chamber , Monday , 8 January . They chose Ask , Dorislaus , Steel , and Cook , to be their Councel , and other Officers . And sent out their Precept , under their Hands , and Seals , for Proclaiming their Court in Westminster-hall , to be held in the Painted-Chamber , on the tenth . Which Precept is all of Ireton's Hand-writing . Journal of the Court , fol. 6. And Tuesday , the 19th . The Commissioners Ordered ; That the Proclamation be made in Cheap-side , and at the Old-Exchange : And appointed a Committee to consider of the matter of Government , of making a new Great Seal , and not using the name of a Single Person . Wednesday , the tenth . They chose Bradshaw ( who was absent ) for their President , and Say , pro tempore , who gave Garland thanks for his Pains about the business of the Court. Fol. 72. And appointed their Councel to prepare , and prosecute , their Charge . And a Committee to consider for carrying on the Tryal . Whereof Millington , Garland , and Martin were three . Friday , the twelve . Waller , and Harrison , are desired to attend the General , to appoint Guards , to attend the Court. And Titchbourn , and Roe , with others , to prepare for the Solemnity of the Tryal , and to appoint Workmen , &c. Fol. 16. The Charge to be brought in on Monday . And Waller , Scot , Titchbourn , Harrison , and others to consider of the place for Tryal , and Report the next day . Saturday , the thirteenth . Upon Garland's Report , Ordered , The Tryal be where the Courts of King's Bench , and Chancery sate in Westminster-Hall . fol. 20. Monday , the Fifteenth . The Councel brought in a Draught of the Charge . And a Committee appointed , to advise therein , and compare the Evidence therewith . fol. 21. And they , and others , to consider the manner of bringing the King to his Tryal . And that day Titchbourn delivered a Petition to the Commons , in the name of the Commons in London , in Common-Council , differing from the Lord Major , and Aldermen . The Substance was for bringing the King to Justice . Which was Ordered , to be Registred in the Books of Common-Councel . Wednesday , the 17th . The Charge recommitted to the Committee . Fol. 24. Thursday , the 18th . Tichbourn excused the absence of Mr. Steel : and nothing then else done . Fol. 29. Friday , the 19th . Upon Millington's Report of the Charge , and Form of words for exhibiting it ; Ordered , That the Attorney , or , in his absence the Solicitor exhibit it . Fol. 30. And Waller , Harrison , and others , to appoint thirty to wait upon the King ; and twenty upon the President . Saturday , the 20th . Forenoon . Ordered , That Mildmay deliver the Sword of State to Humphreys , to bear before the President . The Solicitor presents the Charge engrossed ; which being read , and signed , by him , was returned to him to be exhibited . And then Adjourned to Westminster-Hall . Westminster-Hall , Saturday , the 20th . Afternoon . The King was brought in by Thomlinson , attended by Hacke , and two and thirty Partisans . And Cook then exhibited the Charge . And the King not owning their Authority , was remanded . And they Adjourned till Monday . Painted-Chamber , Monday , the 22d . Forenoon . They approved of what their President had done on Saturday ; and Resolved , That the King should not be suffered to question their Jurisdiction . Fol. 50. Westminster-Hall , Same day , Afternoon . Cook prayed , That the King be directed to answer ; and , if he refused , That the matter of the Charge be taken pro confesso . And the King , not owning their Authority , was remanded . Fol. 58. Westminster-Hall , Tuesday , the 23d . Afternoon . The King , not owning their Authority , was remanded ; and the Court Adjourned to the Painted-Chamber . And there Resolved , They would examine Witnesses , Fol. 61. Painted-Chamber , Wednesday the 24th . was spent in examining their Witnesses . Fol. 66. Painted-Chamber , Thursday , the 25th . Afternoon . They examined more Witnesses . They Resolved to proceed to Sentence of Condemnation against the King. And that this Condemnation , be for being Tyrant , Traytor , and Murtherer , and Publick Enemy to the Commonwealth . And that the Condemnation extend to Death . Fol. 68. And Ordered , That a Sentence grounded upon these Votes , be prepared by Scot , Marten , Harrison , and others . Painted-Chamber , Friday the 26 th . The draught of the Sentence Reported , and agreed ; And Resolved , That the King be brought the next day to Westminster-Hall , to receive it , Fol 96. Painted-Chamber , Saturday the 27 th . Fore-noon . The Sentence being engrossed ; Resolved , The same should be the Sentence , which should be read , and published , in Westminster-Hall , the same day . That the President should not permit the King to speak after Sentence . That , after the Sentence read , he should declare it to be the Sence , and Judgment of the Court. That the Commissioners should thereupon signifie their Consent by standing up . And , the same day , the Commons Ordered the Clerk to bring in the Records of that Judgment to the House . Journal of the House . Westminster-Hall , the same Day , After-noon . The King being brought in , and not owning their Authority ; the Sentence was read . And , upon the Declaration of the President , That it was the Judgment of the Court , they stood up , and Owned it , and Adjourned to the Painted-Chamber . And there appointed Waller , and others , to consider of the Time , and Place , for Execution . Painted-Chamber , Monday , the 29 th . Upon the report of the Committee , Ordered , A Warrant be drawn for executing the King in the open Street , before White-Hall , the next day ; directed to Hacker , and others : which was done accordingly . Fol. 116. 31. January , 1648. Ordered by the Commons , That the Lord Grey , out of Haberdashers-Hall , to difpose of 100 l. for the Service of the Common-wealth . 2. February , 1648. They Ordered in the first place to take into Consideration , and Debate , the House of Lords , for settlement of the Government . 6. February , 1648. The House being seventy three ; And the Question put , Whether that House should take the Advice of the House of Lords in the exercise of the Legislative Power ? The House was divided , and it carried , in the Negative , by fifteen Voices . And then Resolved ; That the House of Peers was useless , and dangerous , and ought to be abolished . And Ordered an Act to be brought in , for that purpose . 7. February , 1648. The Declared , That the Office of a King in this Nation , and to have Power thereof in a Single Person , was unnecessary , burthensom , and dangerous to the Liberty , Safety , and publick interest of the People : and therefore ought to be abolished . 9. February , 1648. They Ordered , The Narrative of the Proceeding , and Records , for Tryal of the King , to be forthwith brought into this House . 16. February , 1648. They Ordered , That the Clerk of that High Court of Justice be desired to bring in those Proceedings to their House , the next Day . March , 1648. Sir Arthur Hasilrig Reports from the Committee , that Charls , and James Stewart , Sons of the late King , should dye without Mercy , wheresoever they should be found . 12. December , 1650. Mr. Say Reported the Proceedings of their High-Court against the King , contained in a Book , entituled , A Journal , &c. which was read at large by their Clerk. He likewise presented from that Court , the Act for Tryal of the King , and the Precept for holding the Court. The Charge was exhibited the twentieth ; And , The Sentence Read the twenty seventh of January , 1648. And thereupon they Declared ; That the Persons entrusted in that great Service , had discharged their Trust with great Courage , and Fidelity . That the Parliament was well satisfied in that Accompt of the Particulars , and Proceedings . And Ordered That the same Records do remain among the Records of Parliament , That those Proceedings be Engrossed in a Roll , and Recorded among the Parliament-Rolls : for transmitting the Memory thereof to Posterity . And Resolved , That their Commissioners for their Great Seal issue a Certiorari to their Clerk , to transmit those Proceedings into the Chancery , there to be on Record . And that the same be sent by Mittimus from thence to other Courts at Westminster , and Custos Rotulorum of the Counties , to be Recorded . In the County Middlesex . The Proceedings at Hicks Hall , Tuesday the 9th of October , 1660. in order to the Tryal of the pretended Judges of his late Sacred Majesty . THe Court being sate ; the Commission of Oyer , and Terminer under the Great Seal of England , was first read . It was directed to the Lords , and others hereafter named : viz. Thomas Aleyn , Knight , and Baronet , Lord Mayor of the City of London . The Lord Chancellor of England . The Earl of South-hampton , Lord Treasurer of England . The Duke of Somerset . The Duke of Albemarle . The Marquess of Ormond , Steward of his Majesties Houshold . The Earl of Lindsey , Great Chamberlain of England . The Earl of Manchester , Chamberlain of his Majesties Houshold . The Earl of Dorset . The Earl of Berkshire . The Earl of Sandwich . Viscount Say , and Seal . The Lord Roberts . The Lord Finch . Denzil Hollis , Esquire . Sir Frederick Cornwallis , Knight , and Baronet , Treasurer of His Majesties Houshold . Sir Charles Barkly , Knight , Comptrouler of His Majesties Houshold . Mr. Secretary Nicholas . Mr. Secretary Morris . Sir Anthony Ashley-Cooper . Arthur Annesley , Esquire . The Lord Chief Baron . Mr. Justice Foster . Mr. Justice Mallet . Mr. Justice Hide . Mr. Baron Atkins . Mr. Justice Twisden . Mr. Justice Tyrrel . Mr. Baron Turner . Sir Harbottle Grimston , Knight , and Baronet . Sir William Wild , Knight , and Baronet , Recorder of London . Mr. Serjeant Brown. Mr. Serjeant Hale . John Howel Esquire . Sir Geoffry Palmer , His Majestie 's Attorny General . Sir Heneage Finch , His Majestie 's Solicitor General . Sir Edward Turner , Attorney to His Highness the Duke of York . Wadham Windham Esquire . Edward Shelton Esquire , Clerk of the Crown . The Grand Jury Sworn were , Sir William Darcy Baronet , Foreman . Sir Robert Bolles , Baronet . Sir Edward Ford , Knight . Sir Thomas Prestwick . Sir William Coney , Knight . Sir Charles Sidley Baronet . Sir Lewis Kirk , Knight . Sir Henry Littleton , Baronet . Sir Ralph Bovey , Baronet . Edward Chard Esquire . Robert Giggon Esquire . John Fotherly Esquire . Charles Gibbons Esquire . Thomas Geree Esquire . Richard Cox Esquire . Robert Bladwell Esquire . Henry Mustian Esquire . John Markham Esquire . Edward Buckley , Gent. Francis Bourchier , Gent. Edward Lole . Hart , Cryer . After Proclamation for silence was made , it pleased Sir Orlando-Bridgman , Lord Chief Baron of His Majestie 's High Court of Exchequer , to speak to the Jury , as followeth . The Lord Chief Baron's Speech . Gentlemen , YOu are the Grand Inquest for the Body of this County of Middlesex : You may perceive by this Commission that hath been read , that we are authorized by the King's Majesty to hear , and determine , all Treasons , Felonies , and other Offences , within this County : But because this Commission is upon a special occasion , the Execrable Murther of the blessed King , that is now a Saint in Heaven , King Charls the first ; we shall not trouble you with the Heads of a long Charge . The ground of this Commission was , and is , from the Act of Oblivion , and Indempnity . You shall find in that Act there is an Exception of several persons , who ( for their Execrable Treasons , in sentencing to Death , and signing the Warrant for the taking away the Life of our said Sovereign ) are left to be proceeded against as Traytors , according to the Laws of England ; and are out of that Act wholly excepted , and fore-prized . Gentlemen , You see these Persons are to be proceeded with , according to the Laws of the Land ; and I shall speak nothing to you , but what are the words of the Laws . By the Statute of the twenty fifth of Edward the third ( a Statute , or Declaration of Treason ) it is made High-Treason to compass , and imagine , the Death of the King. It was the ancient Laws of the Nation . In no Case else Imagination , or Compassing , without an Actual Effect of it , was punishable by our Law. Nihil officit Conatus , nisi sequatur Effectus ; that was the old Rule of Law : But in the case of the King ; His Life was so pretious , that the Intent was Treason by the Common Law ; and Declared Treason by this Statute . The reason of it is this , In the case of the Death of the King , the Head of the Commonwealth that 's cut off : and what a Trunk , an inanimate Lump , the Body is , when the Head is gone , you all know . For the Life of a single man , there 's the Life of the Offendor ; there 's some Recompence , Life for Life : But for the Death of the King what Recompence can be made ? This Compassing , and Imagining the cutting off the Head of the King is known by some Overt-Act . Treason it is in the wicked Imagination ; though not Treason Apparent ; but when this Poison swells out of the Heart , and breaks forth into Action : in that case , it 's High-Treason . Then what is an Imagination , or Compassing of the King's Death ? Truly , it is any thing which shews what the Imagination is . Words in many cases , are Evidences of this Imagination : they are Evidences of the Heart . Secondly , As Words : so if a man , if two men do conspire to Levy War against the King ( and ( by the way ) what I say of the King , is , as well of the King dead , as living ; for , if a Treason be committed in the Life of one King , it is a Treason , and punishable in the Time of the Successor ) Then , I say , in case , not only of Words ; but if they conspire to Levy War against the King , there 's another Branch of this Statute , the Levying of War is Treason . But , if men shall go , and consult together , and this is to kill the King , to put Him to Death : this Consultation is clearly an Overt-Act to prove this Imagination , or Compassing of the King's Death . But what will you say then , if men do not only go about to conspire , and consult ; but take upon them to Judge Condemn , nay , put to Death the King ? Certainly , this is so much beyond the Imagination and Compassing : as 't is not only laying the Cockatrice's Egg ; but brooding upon it , till it hath brought forth a Serpent . I must deliver to you for plain , and true , Law ; That no Authority , no single person , no community of persons , not the people Collectively , or Representatively , have any coercive power over the King of England . And I do not speak mine own Sence ; but the words of the Laws unto you . It was the Treason of the Spencers , in King Edward the Second's Time , in Calvin's case , second Report . The Spencers had an opinion , that all Homage and Allegiance was due to the King , by reason of the Crown , as they called it . And thereupon ( say the Books , and Records ) they drew out this execrable Inference ( among others ) That if the King did not demean himself according to Right ; because he could not be reformed by Law , he might per aspertee , that is , by sharp Imprisonment : but this was adjudged horrid Treason by two Acts of Parliament . Gentlemen , Let me tell you what our Law-books say : for there 's the Ground , out of which ( and the Statutes together ) we must draw all our Conclusions for matter of Government . How do they Stile the King ? They call Him , The Lieutenant of God , and many other expressions , in the Book of Primo Henrici Septimi . Says that Book there ; The King is immediate from God , and hath no Superior . The Statutes say ; That the Crown of England is immediately subject to God , and to no other Power . The King ( says our Books ) He is not only Caput Populi , the Head of the People ; but Caput Reipublicae , the Head of the Commonwealth , The three Estates . And , truly , thus our Statutes speak very fully . Common Experience tells you , when we speak of the King , and so the Statutes of Edward the Third , we call the King , Our Sovereign Lord the King : Sovereign , that is , Supreme . And when the Lords , and Commons , in Parliament , apply themselves to the King , they use this Expression , Your Lords , and Commons , your faithful Subjects , humbly beseech . I do not speak any Words of my own ; but the Words of the Laws . Look upon the Statute , primo Jacobi , there 's a Recognition , that the Crown of England was lawfully descended on the King , and His Progeny . ( The Statute it self was read , to which it is desired , the Reader will be referred . ) These are the Words of the Act. And this is not the first precedent : for you shall find it primo Eli. cap. 3. They do acknowledge the Imperial Crown lawfully descended on the Queen , the same Recognition with this . Before that ( because we shall shew you we go upon Grounds of Law in what we say ) Stat. 24. Hen. 8. cap. 12. Whereas by sundry old authentick Histories , and Chronicles , it is manifestly declared , and expressed , that this Realm of England is an Empire , and so hath been accepted in the world , governed by one Supreme Head and King , having the Dignity , and Royal Estate of the Imperial Crown , of the same , &c. 25 Hen. 8. c. 21. there it is , the people , speaking of themselves , That they do recognize no Superiour under God , but only the King's Grace . Gentlemen , You see , if the King be immediate under God , he derives his Authority from no body else : if the King have an Imperial Power ; if the King be Head of the Commonwealth , Head of the body Politick ; if the body Politick own him obedience : truly , I think it is an undenied consequence , He must needs be Superiour over them . Gentlemen , This is no new thing , to talk of an Emperour , or an Imperial Crown . Do not mistake me all this while : It is one thing to have an Imperial Crown , and another thing to govern absolutely . Gentlemen , The Imperial Crown is a Word , that is significative : you shall find in all Statutes , primo Eliz. and the first of King James , nay , even in the Act of Judicial proceedings of this Parliament , it is called an Imperial Crown . They that take the Oaths of Allegiance , and Supremacy , they swear that they will , to their power , assist , and defend all Jurisdictions , Priviledges , Preheminences , and Authorities , granted or belonging to the King , His Heirs , and Successors , or annexed to the Imperial Crown of this Realm . What is an Imperial Crown ? It is that , which , as to the Coercive part , is subject to no man under God. The King of Poland has a Crown : But what is it ? At his Coronation it is conditioned with the people ; That , if he shall not Govern them according to such Rules , they shall be freed from their Homage , and Allegiance . But the Crown of England is , and always was , an Imperial Crown , and so sworn . Gentlemen , As I told you , even now , the Imperial Crown is a Word significative ; that Crown , which as to the Coercive part , is not subject-to any Humane Tribunal , or Judicature , whatsoever . And , truly , that this is such an Imperial Crown , though I have cited Authorities ancient enough , you may find them much more ancient . I remember , in the Story of William Rufus ( you shall find it in Matthew Paris , and Eadmerus ) some Question was about Investiture of Bishops , and the like , the King writes His Letter , That , &c. God forbid , I should intend any absolute Government by this . It is one thing to have an Absolute Monarchy , another thing to have that Government Absolutely without Laws , as to any coercive power over the Person of the King : for as to Things , and Actions , they will fall under another consideration as I will tell you by and by . Gentlemen , Since this is so , consider the Oath of Supremacy , which most men have taken , or should take . All men , that enter into the Parliament-House , they are expresly enjoyned by Statute to take the Oath of Supremacy . What says that Oath ? We swear , that The King is the only Supreme Governour within this Realm , and Dominions . He is Supreme , and the onely Supreme : and , truly , if he be Supreme , there is neither Major , nor , Superior . I urge this the more , lest any Person , by any Misconstruction , or inference , which they might make from something , that hath been Acted by the Higher Powers , they might draw some dangerous Inferences , or Consequences to colour , or shadow over those Murtherous , and Traiterous Acts , which afterwards they committed . They had no Authority . But as I told you , though I do set forth this , and declare this to you , to let you know , that the King was immediately subject to God , and so was not punishable by any Perfon ; yet , let me tell you , there is that excellent Temperament in our Laws , that , for all this , the King cannot rule , but by His Laws . It preserves the King , and his Person , and the peoples Rights . There are three things , touching which the Law is conversant : Personae , Res , & Actiones ; Persons , Things , and Actions . For the Person of the King ; He is the Supreme Head , He is not punishable by any coercive Power : the Laws provide for that . The King can do no wrong , it is a Rule of Law , it is in our Law-books very frequent : 22d . of Edward the Fourth Lord Coke , and many others . If he can do no Wrong , He cannot be punished for any wrong . The King , He hath the infirmities , and weakness of a man : but he cannot do any injury , at least not considerable , in Person ; He must do it by Ministers , Agents , Instruments . Now the Law , though it provide for the King ; yet if any of his Ministers do wrong , though by his command , they are punishable . The King cannot arrest a man , as he cannot be arrested Himself : but , if He arrest me by another Man , I have remedy against this man , though not against the King : and so , He cannot take away my Estate . This as to the Person of the King : He is not to be touched : Touch not mine Anointed . I come to Things . If the King claim a Right , the King must sue according to His Laws , the King is subject to the Laws in that case , His Possessions shall be tried by Juries . If He will try a man for His Fathers Death , you see he will try them by the Laws . The Law is the Rule , and Square of His actions , and by which He , Himself-is judged . Then for Actions : that is , such Actions , whereby Rights , and Titles , are prosecuted , or recovered , the King cannot judge in Person betwixt man and man , He does it by his Judges , and upon Oath , and so in all cases whatsoever ; If the King will have his Right , it must be brought before His Judges . Though this is an Absolute Monarchy : yet this is so far from infringing the Peoples Rights ; that the People , as to their Properties , Liberties , and Lives , have as great a priviledge , as the King. It is not the sharing of Government , that is for the Libertie , and Benefit of the People : but it is , how they may have their Lives , and Liberties , and Estates , safely secured under Government . And you know , when the Fatness of the Olive was laid aside , and we were Governed by Brambles : these Brambles , they did not only tear the Skin ; but tore the Flesh , to the very Bone. Gentlemen , I have done in this Particular , to let you see , that the Supreme Power , being in the King , the King is immediately under God , owing his Power to none , but God. It is true ( blessed be God ) we have as great Liberties , as any People have in Christendom , in the World : but let us own them , where they are due . We have them by the Concessions of Our Princes . Our Princes have granted them : and the King , now : He in them hath granted them likewise . Gentlmen , I have been a little too long in this , and yet I cannot say , it is too long : because it may clear misunderstanding ; so many Poisonous Opinions having gone abroad . To come a little nearer . If we consider ; suppose there were the Highest Authority ; but , when we shall consider this horrid Murther ( truly , I cannot almost speak of it , but — Vox faucibus haeret . ) When we shall consider , that a few Members of the House of Commons , those , that had taken the Oath of Supremacy ; and those that had taken the Oath of Allegiance , that was to defend the King , and His Heirs , against all Conspiracies , and Attempts , whatsoever , against His , and their Persons , Their Crowns and Dignities : not onely against the Pope's Sentence , as some would pretend ; but , as otherwise , against all Attempts , and Conspiracies ; not onely against His Person , Crown , and Royal Dignity , nor Pope's Sentence nor , onely in order to the Profession of Religion , but absolutely or otherwise , that is , whatsoever Attempts , by any power , Authority , or Pretence whatsoever . I say , when a few Members of the House of Commons , not an eighth part of them , having taken these Oaths , shall assume upon themselves an Authority ; an Authority , what to do ? shall assume to themselves an Authority to make Laws , which was never heard before ; Authority to make Laws : What Laws ? a Law for an High Court of Justice , a Law for lives , to sentence mens lives ; And whose Life ? the Life of their Sovereign : upon such a King , who , as to them , had not only redressed long before , at the beginning of the Parliament , all Grievances , that were , and were imaginable , taken away the Star-Chnmber , High-Commission-Court , and about Shipping : such a King , and after such Concessions , that He had made in the Isle of Wight ; when He had granted so much , that was more than the People would have desired . When these few Commons not onely without , but excluding the rest of the Commons ; not onely without , but excluding the rest , but rejecting the Lords too , that then sat : when these few Commons shall take upon them this Authority , and , by colour of this , their King , Soveraign , Liege Lord , shall be sentenced , put to Death ; and that put to Death , even as their King , and sentenced as their King ; put to Death as their King , and this before His own Door , even before that Place , where He used in Royal Majesty to hear Embassadors , to have His Honourable Entertainments : that this King shall be thus put to Death at Noon-day , it is such an Aggravation of Villany ; that , truly , I cannot tell what to say . No story , that ever was , I do not think any Romance , any Fabulous Tragedy , can produce the like . Gentlemen , If any Person shall now come , and shroud himself under this pretended Authority , or such a pretended Authority , you must know , that this is so far from an Excuse , that it is an Height of Aggravation . The Court of Common-Pleas is the Common Shop for Justice : in that Court an appeal is brought for Murther , which ought to have been in the King's Bench , the Court gives Judgment , the Party is condemned , and executed : in this Case , it is Murther in them , that executed ; because they had no lawful Authority . I speak this to you , to shew you , that no man can shroud himself , by colour of any such false , or pretended , Authority . I have but one thing more to add to you upon this head ; and that is ( which I should have said at first ) If two , or more , do compass , or Imagine the King's Death ; if some of them go on so far , as to Consullation ; if others of them go further , they sentence , and execute , put to Death : in this Case they are all Guilty ; the first Consultation was Treason . I have no more to add , but one Particular , a few Words . As you will have Bills presented against those ; for Compassing , Imagining , Adjudging the King : so possibly you may have Bils presented against some of those for Levying War against the King : Levying of War , which is another Branch of the State of 25th . of Edward the Third . It was but Declarative of the Common Law : it was no new Law. By that Law it was treason to Levy War against the King. But to levy War against the Kings Authority , you must know is Treason too . If men will take up Armes upon any Publick pretence ; if it be to expulse Aliens ; if but to pull out Privy Councellours ; if it be , but against any Particular Laws , to reform Religion , to pull down Enclosures : in all these cases , If Persons have assembled themselves , in a Warlike manner , to do any of these Acts ; this is Treason , and within that Branch of Levying War against the King. This was adjudged in the late Kings Time in Berstead's case , Queen Elizabeth's Henry the Eighth's , former Times , King Jame's Time : much more ; 〈◊〉 men will go , not onely to Levy War against the King , but against the Laws , all the Laws , subvert all the Laws , to set up new Laws , Models of their own . If any of these cases come to be presented to you , you know what the Laws are . To conclude , you are now to enquire of Blood , of Royal Blood , of Sacred Blood ; Blood like that of the Saints under the Altar , crying Quousque , Domine ? How long , Lord , &c. This Blood crys for Vengeance , and it will not be appeased without a Bloody Sacrifice . Remember but this , and I have done : I shall not press you upon your Oaths ; you are Persons of Honour ; you all know the Obligation of an Oath . This I will say , that he , that conceals , or favours the guilt of Blood , takes it upon himself ; wilfully , knowingly , takes it upon himself . And we know , that , when the Jews said , Let his blood be on us and our seed , it continued to them , and their Posterity , to this day , God save the King. Amen , Amen . His Lordships Speech being ended ; Thomas Lee of the Middle-Temple , London , Gentleman , was called to give in the Names of his Witnesses . The names of the Witnesses then , and there sworn , follow ; William Clark Esq James Nutley Esq Mr. George Masterson Clerk. George Farringdon . Hercules Huncks . Dr. William King. Martin Foster . John Baker . Stephen Kirk . Richard Nunnelly . John Powel . John Throckmorton . John Blackwel . Ralph Hardwick . Thomas Walkley , Gentleman . Holland Simpson . Benjamin Francis. Colonel Matthew Thomlinson . Griffith Bodurdo Esq Samuel Boardman . Robert Carr Esq Richard Young. Sir Purbock Temple . John Rushworth Esq John Gerrard . John Hearn . Mr. Coitmore . Mr. Cunningham . Mr. Clench . Willinm Jessop Esq Edward Austin . Darnel Esq ; Mr. Brown. Thomas Tongue . John Bowler . Mr. Sharp . Mr. Lee. Robert Ewer . John King. Edward Folley . Mr. Gouge . Anthony Mildmay Esq The Grand Jury returned the Indictment Billa Vera. Court adjourned to the Old-Bailey , 10th of October . The 10. of October ; 1660. SIR John Robinson , Knight , Lieutenant of his Majesties Tower of London , according to his Warrant received , delivered to Mr. Sheriff the Prisoners hereafter named ; who were ( in several Coaches ) with a strong Guard of Horse , and Foot conveyed to Newgate , and about nine of the Clock in the Morning , delivered to the Keepers of that Prison , and thence brought to the Sessions-house in the Old-Baily , London : where the Commissioners of Oyer , and Terminer , were in Court assembled , and where their Indictment was publickly read by Edward Shelton Esq Clerk of the Crown . Sessions-House , in the Old-Baily , 10. October , 1660. THE Court being Assembled , and Silence commanded , the Commission of Oyer , and Terminer , was again read . After which Sir Hardress Waller , Collonel Thomas Harrison , and Mr. William Heveningham were brought to the Bar , and commanded to hold up their Hands : which Sir Hardress Waller , and Mr. Heveningham did ; but Harrison , being commanded to hold up his Hand , answered , I am here : and said , My Lord , if you please , I will speak a Word — Court. Hold up your hand , and you shall be heard in duetime . Mr. Harrison , the course is , That you must hold up your hand first . And then he held up his hand . The Indictment was read , purporting ; That He , together with others , not having the fear of God before his Eyes , and being instigated by the Devil , did Maliciously , Treasonably , and Feloniously , contrary to his due Allegiance , and bounden Duty , sit upon and condemn our late Soveraign Lord , King Charles the First , of ever Blessed Memory : and also did upon the thirtieth of January , 1648. Sign and Seal a Warrant for the Execution of His late Sacred and Serene Majesty , of Blessed Memory . Where also , &c. Clerk of the Crown ▪ How sayest thou , Sir Hardress Waller ? Art thou guilty of that Treason whereof thou standest Indicted ; and for which thou hast now been Arraigned ? or Not guilty . Sir Hardress Waller . My Lords , I dare not say , Not Guilty : but , since that in a Business of this nature , we have no Council or Advice , and being not able to speak to matter of Law — Lord Chief Baron . I am loth to interrupt you : but this is the course ; you have heard the Indictment read , and the course is , you must plead guilty , or Not guilty . There is no Medium : Guilty or Not guilty . It is that which is the Law , and the case of all men . Are you guilty ? or Not guilty ? Sir Hard. Waller . I may confess my self Guilty of some Particulars in that Indictment , but not of all : for so , instead of discharging , I shall wound my Conscience . Clerk. Are you , Guilty ? or Not guilty ? Sir Hard. Waller . If I might have that liberty to — Court. You shall have that Liberty , that any Subject of the Nation can have , or can challenge . No man , standing at the Bar , in that condition you are , must make any other answer to the Indictment then guilty , or Not guilty . It 's the Common case of all men . Your Confession must be Plain and direct , Either Guilty , or not Guilty . Sir Hard. Waller . My Lord , I do desire some time to consider of it : for it is a great Surprisal . Court. You have had time enough to consider of it ; you must follow the Directions of the Court , Guilty or Not Guilty ? You must not thus Discourse of being surprised : for these Discourses are contrary to all Proceedings of this Nature . Clerk. How say you Sir H. Waller ? Are you guilty , or Not guilty ? Sir Hard. Waller . I dare not say , Not guilty . Clerk. Will you confess then ? Sir Hard. Waller . I would be glad to be understood — Court. Your Plea must be direct : guilty , or Not guilty . Sir Hard. Waller Shall I be heard , my Lord ? Court. Yes , upon your Trial. There is but two ways , Plead Not guilty : or confess it . Sir Hardress Waller , we would not have you to be deceived . If you confess , and say , you are guilty : there is nothing then , but Judgment : If you say Not guilty ; then you shall be heard with your Evidence . Consider with your self . Plead Not Guilty : or confess , and say , you are guilty . Sir Hard. Waller My Lord , It puts me upon a great contest with my self . I shall be very free to open my Heart — Court. Sir , you must plead Guilty , or Not Guilty . Sir Hard. Waller . My Lord , my condition differs from others . I am a Stranger , I have been thirty years transplanted into Ireland ; which ha's made me unacquainted with the affairs of the Law here . Court. You must keep to the course of the Law. Either Guilty , or Not guilty . There is but one of these two Pleas to be made . Sir Hard. Waller . I dare not say Not guilty . Court. There are but these three thing to be considered . Either you must say Guilty , which is Confession , and then there remains no more , but Judgment : or Not Guilty ; and then you shall be heard : or Judgment will pass for your standing Mute , which is all one , as if you had confessed . Sir Hard. Waller . In as much as I have said , I dare not say Not Guilty : I must say Guilty . Clerk. You say , you are guilty . You confess the Indictment . Sir Hardress Waller . Yes . Clerk. Thomas Harrison . How saiest thou ? Art thou guilty of the Treason whereof thou standest Indicted , and art now Arraigned ? or Not Guilty . Tho. Harrison . My Lords , have I liberty to speak ? Court. No more ( at this time ) then Guilty , or Not Guilty . Mr. Harrison , You have heard the Direction before . We can give you but the same Rule . If you plead Not guilty ; you shall be heard at large : if Guilty ; you know what remains . Tho. Harrison . Will you give me leave to give you my Answer in my own words . Lord Chief Bar. There is no answer but what the Law directs . It is the same with you , as with all others , or as I would desire , if I were in your condition . You must plead Not guilty : or , if you confess guilty , there must be Judgment upon your confession . The same Rule for one , must be for another . Tho. Harrison . You express your Rule very fair , as well to me , as this Gentleman ( pointing at Sir. Hardress Waller ) but I have something to say to your Lordships , which concerns your Lordships as well as my self . Court. You must hold , and plead guilty , or Not guilty . If you go otherwise ( as I told you before ) it will be , as if you pleaded not at all , and then Judgment will pass against you . The Law gives the words , frames your Answer , it is none else , but the Laws , Guilty , or Not Guilty . Tho. Harrison . My Lord , I have been kept close Prisoner near these three Moneths , that no body might have Access to me . Do you call me to give you a Legal Answer ; not knowing of my Trial , till nine of the clock last night , and brought away , from the Tower , to this place , at six of the clock this morning . Court. You must give your direct Answer , Guilty , or Not guilty . You cannot say , it is sudden , or unprovided . You spend time in vain . You trouble the Court. You must plead Guilty , or Not Guilty . We must not suffer you to make Discourses there . You must plead either Guilty , or Not Guilty . Clerk. Are you guilty ? or Not guilty ? Tho. Harrison . I am speaking . Shall I not speak two words . Court. If you will not put your self upon your Tryal , you must expect that course , that the Law directs . Tho. Harrison . May it please your Lordships , I am now — Clerk. Are you guilty , or Not Guilty ? Tho. Harrison , I desire to be advised by the Law. This is a special Case . Court. The Law allows nothing now ; but to plead guilty , or Not guilty . Court. You must plead to your Indictment . If it be Treason , it cannot be justified ; if it be justifiable , it is not Treason : Therefore Plead guilty : or not guilty . Tho. Harrison , Give me advice in this — Clerk. Tho. Harrison , Are you guilty ? or Not Guilty ? Tho Harrison , I would willingly render an account of all my Doings — Clerk. Are you Guilty ? or Not guilty ? Court. You have been acquainted with the Legal Proceedings . You never found in all your Experience , that any Prisoner at the Bar , for Felony , or Treason , was suffered thus to discourse , or to answer otherwise , then guilty , or Not guilty . Clerk. Are you guilty , or Not guilty ? Mr. Sol. Gen. I do beseech your Lordships , he may Plead . Peradventure he knows his case so well ; that he thinks it as cheap to defie the Court , as submit to it . Court. We must enter your standing Mute : that 's Judgment . Clerk. Are you guilty , or Not guilty ? Tho. Harrison . Will you refuse to give me any Satisfaction — Court. Are you guilty , or Not guilty ? Tho. Harrison . Will you give me your Advice ? Court. We do give you Advice . The Advice is : there is no other Plea , but guilty , or Not guilty . You shall be heard , when you have put your self upon your Trial. Clerk. Are you guilty ? or Not guilty ? Tho. Harrison . You do deny me Councel , then I do plead Not guilty . Clerk. You plead Not guilty . Is this your Plea ? Th. Harrison . Yes . Clerk. How will you be tried ? Th. Harrison . I will be tryed according to the Laws of the Lord : Clerk. Whether by God , and the Countrey ? Lord chief Baron . Now I must tell you : if you do not put your self upon your Countrey ; you have said nothing . Clerk. How will you be tried ? Th. Harrison , It is to put my self upon what you please to put me upon . Court. If you understand ( you are not every man , you are versed in Proceedings of Law ) you know , you must put your self upon the Trial of God , and your Countrey : if you do not ; it is as good , as if you had said nothing . Th. Harrison , You have been misinformed of me — Court. You have pleaded Not guilty . That , which remains , is , you must be tried by God , and the Countrey : otherwise , we must record your standing Mute . Clerk. How will you be Tried . Th. Harrison . I will be tried according to the ordinary course . Clerk. Whether by God , and the Countrey ? You must speak the Words . Th. Harrison . They are vain words — Court. We have given you a great deal of Liberty , and Scope ; which is not usual . It is the course , and proceedings of Law ; if you will be tried , you must put your self upon God , and the Countrey . Clerk. How will you be tried ? Th. Harrison . I do offer my self to be tried in your own way , by God and my Countrey . Clerk. God send you a good deliverance . Clerk. William Heveningham , hold up your hand . How sayest thou , Art , thou Guilty of the Treason , whereof thou standest indicted , and art now arrraigned ? or Not guilty ? Will. Heveningham . Not guilty . Clerk. How will you be tried ? Will. Heveningham , By God , and the Countrey . Clerk. God send you a good deliverance . Sir Hard. Waller then presented his Petition to the Court , directed , To the King's Majesty , and the Parliament : which was received ; but not at this Court read . And then the three Persons aforesaid were dismissed . Clerk. Bring to the Bar , Isaac Pennington Esq Henry Marten Esque Gilbert Millington Gentleman , Robert Tichbourn Esq Owen Roe , Esq ; and Robert Lilburn Gentleman , Who were called , and appeared at the Bar , and , being commanded severally , held up their hands . The Indictment was read again , as to the former Persons . Clerk. Isaac Pennington , Hold up thy hand . How sayest thou Art thou guilty of the Treason , whereof thou standest Indicted , and art now Arraigned ? or Not guilty ? Isaac Pennington . Not guilty , my Lord. Clerk. How will you be tryed ? Isaac Pennington . By God , and the Countrey . Clerk. God send you a good deliverance . Clerk. Henry Marten , How sayest thou ? Art thou guilty of the Treason , whereof thou standest Indicted , and art now Arraigned ? or Not guilty ? Hen. Marten , I desire the benefit of the Act of Oblivion — Clerk. Are you guilty ? or Not guilty ? Court. You are to understand , the Law is this , the same to you and every one ; You are to plead Guilty , or Not guilty . If you will demand the benefit of the Act of Oblivion ; it is a confession of being Guilty . Hen. Marten . I humbly conceive the Act of Indempnity — Court. You must plead Guilty , or Not guilty . Hen. Marten . If I plead , I lose the benefit of that Act. Court. You are totally excepted out of the Act. Hen. Marten . If it were so I would plead . My name is not in that Act. Court. Henry Martin is there . Mr. Sollicitor Gen. Surely he hath been kept close Prisoner indeed , if he hath not seen the Act of Indemnity . Shew it him . Mr. Shelton opening the Act. Court. How is it written ? Clerk. It is Henry Martin . And then the Act was shewed to the said Mr. Marten . Hen. Marten . Henry Martin ? My name is not so , it is Harry Marten . Court. The difference of the Sound is very little . You are known by that Name of Martin . Hen. Marten . I humbly conceive all Penal Statutes ought to be understood Literally . Clerk. Are you Guilty , or Not guilty ? Hen. Marten . I am not Henry Martin . Clerk. Are you guilty , or Not guilty ? Court. Be advised . The effect of this Plea will be Judgment . Here Mr ▪ Sollicitor Gen. cited somewhat Parallel to this , in a Case formerly of Baxter ; where the Name was Bagster , with an S ; and adjudged all one , being of the same sound . Clerk. Are you guilty ? or Not guilty ? Hen. Marten . My Lord , I desire Council . There will arise Matter of Law , as well as Fact. Court. You are Indicted for Treason ; for a Malicious , Trayterous compassing , and Imagining the King's Death . If you have any thing of Justification , plead Not guilty ; and you shall be heard : for , if it be Justifiable , it is not Treason . The Rule is , Either you must plead Guilty , and so confess ; or Not guilty , and put your self upon your Trial : there is no Medium . Hen. Marten , May I give any thing in Evidence before Verdict ? Court. Yes , upon your Trial , you may give any thing in Evidence , that the Law warrants to be lawful Evidence . Clerk. Are you Guilty , or Not guilty ? Court. Understand one thing ; because I would not have you mistaken : you cannot give in Evidence the Misnomer ; but any thing to the matter of Fact. Hen. Marten . I submit , and plead Not guilty . Clerk. How will you be tried ? Hen. Marten . By God , and the Countrey . Clerk. God send you a good deliverance . Clerk. Gilbert Millington , Hold up your hand . How saiest thou ? Art thou Guilty of the Treason , whereof thou standest indicted , and art now arraigned ? or Not guilty ? Gilb. Millington , My Lord , I am an ancient man , and deaf . I humbly crave your Lordships pardon , to hear me a few words . I will promise , it shall be pertinent enough . Mr. Sol. Gen. Impertinent enough , he means . Court. You must plead either Guilty , and so confess it , or Not guilty , and then you shall be heard any thing for your justification . Clerk. And you Guilty ? or Not guilty ? Gilb. Millington . I desire I may — Court. There is nothing , you can say , but Guilty , or Not guilty . All other Discourses turn upon your self . Clerk. And you Guilty ? or Not guilty ? Gilb. Millington : You might enlighten me in some scruples . Does my pause trouble you much ? I should not be long . Court. Your particelar case cannot differ from others . Clerk. Are you Guilty ? or Not guilty ? Gilb. Millington . There are some things in the Indictment , that I can say Not Guilty to . There are others , that I must deal ingenuously , and confess them . Clerk. Are you Guilty , in Manner , and Form , as you are indicted ? or Not guilty ? Gilb. Millington . Not guilty . Clerk. How will you be tried ? Gilb. Millington . By God , and the Countrey . Clerk. God send you a good deliverance . Clerk. Robert Tichbourn , Hold up your hand , How saiest thou ? Art thou Guilty of the Treason , whereof thou standest indicted , and art now arraigned ? or Not guilty ? Tichbourn . My Lord , I have been a very close Prisoner , without any advice . I am altogether unable in Law to speak . Court. You know the Course hath been delivered to you by others , I will not trouble you with it . It is neither long , nor short : the Law requires your answer , Guilty , or not guilty . Tichbourn . Spare me but one Word . If , upon the Trial , there shall appear to be matter of Law , shall I have the liberty of Councel for it ? if I shall be put , in my own Case , to plead matter of Law against those noble Persons , who plead on the other part : I shall but prejudice my self , and therefore I crave Councel . Court. You must Plead Guilty , or Not guilty . Tichbourn . I have no Reason , nor Design to desplease you . I am sure , I am no waies able to plead with equalness , in Point of Law , with those Noble Gentlemen . To the Matter of Fact , this is my Plea ; in Manner , and Form , that I stand Indicted , I am Not guilty . Clerk. How will you be Tried ? Tichbourn . By God , and the Countrey . Clerk. God send thee a good Deliverance . Clerk. Owen Roe , Hold up your hand . How saiest thou ? Art thou Guilty of the Treason , whereof thou standest Indicted , and art now Arraigned , or Not Guilty ? Owen Roe . My Lord , there hath been so much said already by others ; I think I need say no more . In Manner , and Form , as I am now Indicted , I Plead Not gulty . Clerk. How will you be Tried ? Owen Roe . By God and the Countrey . Clerk. God send you a good Deliverance . Clerk. Robert Lilburn , Hold up your Hand . How saiest thou ? Art thou Guilty of the Treason , whereof thou standest Indicted , and art now Arraigned ? or Not guilty ? Robert Lilburn . I desire , in regard that , being so close a Prisoner for twenty daies , that no body ha's been suffered to advise with me — Lord Chief Baron . I must interrupt you . You must not mispend the time . Understand the Law. You must Plead guilty , or Not guilty . Rob. Lilburn . Will you give me leave to desire Councel before I Plead , to advise me touching my Plea. Clerk. Are you Guilty ? or Not guilty ? Rob. Lilburn . I desire Councel — Court. Take heed ; if that be your Answer , You desire Councel and do not Plead , and that be Recorded , Judgment will pass against you . There is nothing to Plead ; but Guilty , or Not guilty . If Not guilty ; what you have to say will be heard . Rob. Lilburn . If you over-rule me , I must submit . Court. Do not let such Language fall from you : it is improper . The Law gives us a Rule . The Prisoner must Plead Guilty , or Not guilty . Rob. Lilburn . I say then , in Manner , and Form , as I am Indicted , I am Not guilty . Clerk. How will you be Tried ? Rob. Lilburn . By God , and the Countrey . Clerk. God send you a good Deliverance . Clerk. Bring to the Bar Adrian Scroop , John Carew , John Jones , Thomas Scot , Gregory Clement , and John Cook. Who were brought accordingly , and , being commanded , severally held up their hands at the Bar. The Indictment was read to the Persons at the Bar , as before . Clerk. Adrian Scroop , Hold up thy hand . How saiest thou ? Art thou Guilty of the Treason whereof thou standest Indicted , and art now Arraigned ? or Not guilty ? Adr. Scroop . My Lord , Not guilty . Clerk. How will you be Tried ? Adr. Scroop , By God , and the Countrey . Clerk. God send thee a good Deliverance . Clerk. John Carew , Hold up thy hand . How saiest thou ? Art thou Guilty of the Treason , whereof thou art Indicted , and art now arraigned ? or Not guilty ? John Carew . There is some special matter in that Indictment , that ought not to be before — Court. Are you guilty , or Not guilty ? John Carew . Saving to our Lord Jesus Christ his Right to the Government of these Kingdoms — Clerk. Are you Guilty ? or Not guilty ? John Carew . I say , I am Not guilty ? Clerk. How will you be Tried ? John Carew . How would you have me ? Clerk. Will you be Tried by God , and the Countrey ? John Carew . I , if you will. Clerk. You must say the words . How will you be Tried ? John Carew . By God , and the Countrey . Clerk. God send you a good Deliverance . Clerk. John Jones , Hold up thy hand . How saiest thou ? Art thou Guilty of the Treason , whereof thou standest Indicted , and for which thou art now Arraigned ? or Not guilty ? John Jones . Not Guilty , my Lord. Clerk. How will you be Tried ? John Jones . By God , and the Countrey . Clerk. God send you a good Deliverance . Clerk. Thomas Scot , Hold up thy hand . How saiest thou ? Art thou Guilty of the Treason , whereof thou standest Indicted , and for which thou art now Arraigned ? or Not guilty ? Th. Scot. Truly , I cannot call it Treason : and therefore I Plead Not guilty . Clerk. How will you be Tried ? Th. Scot. By God , and the Countrey . Clerk. God send you a good Deliverance . Clerk. Gregory Clement , Hold up your hand . How saiest thou ? Art thou Guilty of the Treason , whereof thou standest Indicted , and for which thou art now Arraigned ? or Not guilty ? Greg. Clement . My Lord , I cannot excuse my self in many Particulars : but , as to my Indictment , as there it is , I Plead Not Guilty . Clerk. How will you be Tried ? Greg. Clement . By God , and the Countrey . Clerk. God send you a good Deliverance . Clerk. John Cook. Hold up thy hand . How saiest thou ? Art thou Guilty of the Treason , whereof thou standest Indicted , and for which thou art now Arraigned ? or Not guilty ? John Cook. I humbly conceive , that this is now time to move for Councel for matter of Law — Court. You know too well the manner of the Court. Are you Guilty ? or Not guilty ? John Cook. Not guilty ? Clerk. How will you be Tried ? John Cook. By God , and the Countrey . Clerk. God send you a good Deliverance . Clerk. Bring Edmund Harvey , Heary Smith , John Downs , Vincent Potter , and Augustine Garland , to the Bar. Who were brought accordingly , and , being commanded , severally held up their Hands . The Indictment was read to them . Clerk. Edmund Harvey , Hold up your hand , How saiest thou ? Art thou Guilty of the Treason , whereof thou standest Indicted , and for which thou art now Arraigned ? or Not guilty ? Edmund Harvey . Not guilty , my Lord. Clerk. How will you be Tried ? Edmund Harvey . By God , and the Countrey . Clerk. God send you a good Deliverance . Clerk. Henry Smith , Hold up thy hand . How saiest thou ? Art thou Guilty of the Treason , whereof thou art Indicted , and for which thou art now Arraigned ? or Not guilty ? Henry Smith . Not guilty , my Lord. Clerk. How will you be Tried ? Henry Smith . By God , and the Countrey . Clerk. God send you a good Deliverance . John Downs , Vincent Potter , Augustine Garland , upon the Question , presently pleaded Not guilty , and put themselves on God , and the Countrey , to be Tried . Clerk. Set to the Bar George Fleetwood , Simon Meyn , James Temple , Peter Temple , Thomas Wait , Hugh Peters , Francis Hacker , and Daniel Axtel . Who being at the Bar , held up their Hands according to Order ; afterward the Clerk read the Indictment against the said Persons . Which being ended , he proceeded in this manner . Clerk. George Fleetwood , Hold up thy hand . What saiest thou ? Art thou guilty of this horrid Treason , whereof thou standest Indicted , and art now Arraigned ? or Not guilty ? George Fleetwood . My Lord , I came in upon his Majestie 's Proclamation . Clerk. Art thou Guilty ? or Not guilty ? George Fleetwood . I must Confess , I am Guilty ? ( And thereupon he delivered a Petition in , to the Court ; which he said was directed To his Majesty , and the Parliament : and the Court did receive it accordingly . ) Clerk. Set him aside . Clerk. Simon Meyn , Hold up thy hand , What saiest thou ? Art thou guilty of this horrid Treason , whereof thou standest Indicted , and art now Arraigned ? or Not guilty ? Sim. Meyn . Not guilty . I come in upon His Majestie 's Proclamation , my Lord. Clerk. How wilt thou be Tried ? Sim. Meyn . By God , and the Countrey . Clerk. God send thee a good Deliverance . Clerk. James Temple , Hold up thy hand . What saiest thou ? Art thou guilty of this horrid Treason , whereof thou standest Indicted , and art now Arraigned ? or Not guilty ? James Temple . Not guilty ? Clerk. How wilt thou be Tried ? James Temple . By God , and the Countrey . Clerk. God send thee a good Deliverance . Clerk. Peter Temple . Hold up your hand . How saiest thou ? Art thou guilty of the Treason , whereof thou standest Indicted , and for which thou art now Arraigned ? or Not guilty ? Peter Temple . Not guilty . Clerk. How wilt thou be Tried ? Peter Temple . By God , and the Countrey . Clerk. God send thee a good Deliverance , Clerk. Thomas Wait , Hold up your Hand . How saiest thou ? Art thou guilty of the Treason , whereof thou standest Indicted , and for which thou art Arraigned ? or Not Guilty ? Th Wait. I desire to be heard a word , or two , — Court. There is a Rule of Law , which is set to us , and you ; that , in all these Cases , you are to plead Guilty , or Not guilty . When you have Pleaded : if Not Guilty ; you may speak what you will in its proper time . Clerk. Are you Guilty ? or Not guilty ? Th. Wait. I pray let me be heard a word . I am very unwilling to spend time ; knowing you have a great deal of Business . I am very unwilling to deprive my self of my Native Right . I shall speak nothing , but that , which is Truth . Court. Do not Preface then ; but speak what you would say . Th. Wait. My Lord , my Case is different from the rest . Court. Whatsoever the Case he , you have no Plea to us ; but guilty , or Not guilty . We can go no other way . The Law sets our your Plea. Th. Wait. My Lord , I would speak one word . There was a Great Peer of this Nation Indicted at Northampton , within these two years , for killing a man. The Judges there — Court. You must Plead guilty , or Not guiley . Pray , who are you , that should take this upon you more then all the rest ? You must go the ordinary way ; guilty , or Not guilty . Are you guilty ? or Not guilty ? We do not intend to prevent any thing you have to say : but it must be proper . Clerk. Are you guilty ? or Not guilty . Th. Wait. I cannot say , I am Guilty . Court. How then ? Th. Wait. I am Not guilty . Clerk. How wilt thou be Tried ? Th. Wait. By God , and the Countrey . Clerk. Good send thee a good Deliverance . Clerk. Hugh Peters , Hold up thy hand . How saiest thou ? Art thou guilty of the Treason , whereof thou standest Indicted , and for which thou art now Arraigned ? or Not guilty ? Hugh Peters . I would not for ten thousand Worlds say , I am Guilty . I am Not guilty . Clerk. How will you be Tried ? Hugh Peters . By the Word of God. ( Here the People laughed . ) Court ▪ You must say , By God , and the Countrey . Tell him you , that stand by him , what he should say , if he doth not know . Clerk. How will you be Tried ? Hugh Peters . By God , and the Countrey . Clerk. God send thee a good Deliverance . Clerk. Dan. Axtel , Hold up thy hand . What saiest thou ? Art thou guilty of the Treason , whereof thou standest Indicted , and for which thou art now Arraigned ? or Not guilty ? Dan. Axtel . May it please your Lordship , I desire to have the freedom of an English-man ; that which is my Right by Law , and inheritance ; I have something to offer in point of Law. Clerk. Art thou Guilty ? or Not guilty ? Dan. Axtel . My Lords , give me leave to speak . For the Matter of the Indictment I conceive is upon the King's Death that there is a Commission of Oyer and Terminer , for you to sit . But in regard it was in pursuance of an Act of Parliament , I conceive no Inferiour Court ought to judge of it . I desire Councel : it being of great , and eminent Concernment in Law : That ever any Judges , or any Inferiour Court , should judge of the Powers , and Priviledges , of a Parliament : and I pray , that Councel may be assigned me . Clerk. Are you Guilty ? or Not guilty ? Dan. Axtel . If the Court over-rule me , and I shall not have my Liberty , as an English-man — Court. The Course of Law is this ; No man can Justifie Treason . If the matter , which you have to say , be Justifiable , it is not Treason : if Treason ; it is not Justifiable . Therefore you must go to the ordinary course of the Law. You must Plead Guilty , or Not guilty . Dan. Axtel . I can produce many Precedents — Cour Are you Guilty ? or Not guilty ? The Language is put into your Mouth . You have no other words to express your self by , at this time ; but , Guilty , or Not guilty . Dan Axtel . Judg Heath had Councel assigned him upon the same Case . Court. That is very strange : the same case . What , was it for killing a King ? Dan. Axtel . If the Court will over-rule me , I cannot help it . Mr. Solicitour Gen. It may be this Gentleman may be deceived by a Mistake . It may be he knows not the Law , which your Lordships may be pleased to acquaint him with : That , to stand Mute in High-Treason , is all one , as to Confess the Fact , and will have the same Sentence , and Condemnation upon them , as if they had Confessed it . Lord Chief Baron . Then I 'le tell you the Law , He , that doth refuse to put himself upon his Legal Trial of God , and the Countrey , is a Mute in Law : and therefore you must Plead Guilty , or Not guilty . Let his Language be what it will , he is a Mute in Law. Dan. Axtel . I do not refuse it . Court. Then say . Dan. Axtel . I am Not guilty . Clerk. How wilt thou be Tried ? Dan. Axtel . By twelve lawful men , according to the Constitutions of the Law. Court. That is by God , and the Countrey . Dan. Axtel . That is not lawful . God is not locally here . Clerk. How wilt thou be Tried ? You must say , By God and the Countrey . Dan. Axtel . By God and the Countrey . Clerk. God send you a good Deliverance . Lord Chief Baron . Mr. Axtel , have you your Papers again ? Dan. Axtel . Yes , my Lord. Lord Chief Baron . When your Indictment is read the second time , when you come to your Trial , you may take what Notes you please . The Court then Adjourned to the same Place , till the next morning , seven of the Clock . October 11th . 1660. The Court being Assembled , the Keeper was commanded to set the Prisoners to the Bar. Thomas Harrison , Adrian Scroop , John Carew , John Jones Gregory Clement , Thomas Scot , were brought to the Bar accordingly . After which Silence was Commanded . Court. You , that are Prisoners at the Bar , if you , or any of you desire Pen , Ink and Paper , you shall have it : and , if you , or any of you , will Challenge any of the Jury , you may , when they come to be Sworn , and that before they are Sworn . Sir Thomas Allen being called , was desired to look on the Prisoner , and lay his Hand on the Book ; his Oath was then read to him : viz. You shall well and truly try , and true deliverance make between Our Sovereign Lord the King , and the Prisoners at the Bar , whom you shall have in charge according to your Evidence . So help you God. Sir Joshua Ash being next called , Mr. Scroop excepted against him Sir Jeremy Whichcot , Baronet , being next to be Sworn , Mr. Harrison excepted against him . James Halley Esquire , being next to be Sworn , Mr. Scot excepted against him . Court. If you will not agree ( speaking to the Prisoners ) in your Challenges ; we must be forced to Try you severally . Henry Mildmay , Esq ; being called next , Mr. Scroop excepted against him . Court. We must needs Try them severally ; therefore set them all aside , but Harrison . Court. Gentlemen , you , that are excepted , must not depart the Court. Sir Joshua Ash , being again called , was excepted against by Mr. Harrison . Sir Jeremy Whichot , Baronet , James Halley , Esq Henry Mildmay , Esq Christopher Abdy , Esq Being called again , were severally excepted against by the Prisoner . Court. Mr. Harrison , You know the Law. You must say , I Challenge him . Mr. Harrison . I shall , Sir. Ralph Hartley being next called , and being very sick , humbly prayed to be excused by the Court , which was granted . Arthur Newman was called next . Mr Harrison . May I not ask of what Quality he is ? Court. No , Sir. You are to Challenge him , or not to Challenge him . Mr. Harrison . I Challenge him . Thomas Blith was next called , and also Challenged . ( Here the People seemed to laugh . ) Mr. Harrison . My Lord , I must make use of my Liberty in this Case . Court. God forbid . Then Grover , Robert Clark , and Richard Whalley , were called , and by Mr. Harrison Challenged . Court. Mr. Harrison ▪ you know many to Challenge . If you go beyond the Number , at your own peril be it . Mr. Harrison . My Lord , pray tell me what it is . Court. You say very well . God forbid , but you should know . You may Challenge five and thirty Peremptorily . If you go beyond , you know the Danger . Mr. Harrison . My Lord , I do not this to keep you off from the Business . William Vincent , and Henry Twiford , were then called , and Challenged . John Lisle was next called . Mr. Harrison . I do not know him . Mr. Lisle . Nor I you , Mr. Harrison . He was Sworn . Thomas Franklin , Sworn . Thomas Winter , Challenged . Richard Nichol , Sworn . Moyce , being sick , prayed Excuse : which was granted accordingly . Richard Cheyney , Challenged . Allen Parsons , Challenged . Henry Edlin called . Mr. Harrison . I Challenge him . Mr. Harrison . Let him be Sworn . Court. No , No. ( Whereupon he was set aside . ) Mr. Harrison . If I have any Apprehension , or knowledg of them , that 's the thing , that leads me to it , as touching this man , he may be Sworn . Court. When he is Challenged , he cannot be recalled . Mr. Harrison . I am content . Samuel Greenhill , Sworn . Thomas Bide , Challenged . John Page , Challenged . Richard Rider , Challenged . Mr. Harrison . Lest I may run into an Hazard , in making use of that Liberty , which the Law gives me in this Case ; and having not taken Notice of any Perfons Challenged ; I mean , as to the Number : I desire your Officer , that takes Notice , may acquaint me with the Number . Court. You shall know it ; God forbid the contrary . Edward Rolph was called next . Mr. Harrison . Mr. Rolph is his Name ? Let him be sworn . Sworn . Francis Beal , Challenged . John Kirk , Challenged . Charles Pitfield , Challenged . John Smith , Challenged . Bell , Sworn . Edward Franklin , Challenged . William Whitcomb , Challenged . Samuel Harris , Sworn . John Collins , Challenged . Thomas Snow , Sworn . William Blunt , Challenged . George Rigth , Challenged . John Nichol of Finchley , Sworn . Timothy Taylor , Challenged . Thomas Fruin , Challenged . Richard Abel , Challenged . Thomas Morris , Sworn . Ambrose Scudamore , Challenged . Ralph Halsel , Challenged . George Tirry , Challenged . Court. You have Challenged Thirty three already . Mr. Harrison . I pray the Names may be read to me , to see , if it be so . Court. When you come to Thirty five , you shall have the Names read . John Galliard , Challenged . Thomas Swallow , Challenged . Court. Now read their Names to him . Which were read accordingly . In all thirty five Challenged . George Pickering was next called , and Sworn . Then they were called over , who were admitted : viz. Sir Thomas Allen , John Lisle , Thomas Francklin , Richard Nichol , Samuel Greenhil , Edward Rolph , Bell , Samuel Harris , Thomas Snow , John Nichol , Thomas Morris , George Pickering : and Sworn . Proclamation was then made . If any man can inform my Lords , the King 's Justices , the King ' s Serjeant , or the King's Attorney , before this Inquest be taken ; let them come forth , and they shall be heard : for now the Prisoner stands at the Bar upon his Deliverance . And all those bound by Recognizance to appear , let them come forth , and give their Evidence , or else to forfeit their Recognizance . George Masterson , James Nutley , Robert Coytmore , Holland Simson , and William Jessop , Witnesse , were called . Court. Gentlemen , that are not of the Jury , Pray , clear the Passage . The Prisoner is here for Life , and Death ; let him have Liberty to see the Jury . Clerk. Thomas Harrison , Hold up thy Hand . Clerk. Look upon the Prisoner , you that are Sworn . You shall understand that the Prisoner at the Bar stands Indicted by the Name of Thomas Harrison , late of Westminster in the Country of Middlesex , Gentleman ; for that He , together with John Lisle , &c. ( Here the Indictment was read ) upon which Indictment be hath been Arraigned , and thereunto hath pleaded Not Guilty , and for his Trial hath put himself upon God , and the Countrey : which Countrey you are . Now your Charge is to enquire , whether he be Guilty of the High Treason , in Manner , and Form , as he stands Indicted , or Not guilty . If you find that he is guilty , you shall enquire , what Goods , and Chattels he had , at the time of committing the said Treason , or at any time sithence . If you find , that he is Not guilty ; you shall enquire , whether he did fly for it : if you find , that he fled for it , you shall enquire of his Goods , and Chattels , as if you had found him Guilty : if you find , that he is Not guilty , nor that he did fly , you shall say so , and no more . And take heed to your Evidence . Mr. Keeling Enforced the Charge at large . After whom Sir Henneage Finch , His Majesties Solicitour General , in these words . MAY it please Your Lordships , we bring before your Lordships , into Judgment this day , the Murtherers of a King. A man would think the Laws of God , and Men , had so fully secured these Sacred Persons , that the Sons of Violence should never approach to hurt them . For ( My Lord ) the very Thoughts of such an Attempt hath ever been presented by all Laws , in all Ages , and all Nations of the World , as a most unpardonable Treason . My Lord , This is that , that brought the two Eunuchs in the Persian-Court to their just Destruction : Voluerunt insurgere ; saies the Text : and yet that was enough to Attain them . And so ( My Lord ) it was by the Roman Laws too , as Tacitus observes ; Qui deliberant , desciverunt . To Doubt , or Hesitate , in a Point of Allegiance , is direct Treason , and Apostasie . And upon this Ground it is , that the Statute , upon which your Lordships are now to proceed , hath these express Words ; If a man doth Compass , or Imagine the Death of the King , &c. Kings , who are God's Vicegerents upon Earth , have thus far a kind of Resemblance of the Divine Majesty ; that their Subjects stand accountable to Them for the very Thoughts of their Hearts . Not , that any Man can know the Heart , save God alone ; but because when the Wicked Heart breaks out into any open Expressions , by which it may be judged , 't is the Thoughts of the Heart , which makes the Treason : the Overt-Act is but the Evidence of it . My Lords , This Care , and Caution , is not so to be understood ; as if it were the Single Interest of One Royal Person only . The Law doth wisely judge , and foresee , that upon the Life of the King depends the Laws , and Liberties , the Estates and Properties , the Wealth , and Peace , the Religion , and in Sum , the Glory of the Nation . My Lords , This Judgment of the Law ha's been verified by a sad Experience : for when that Blessed King ( whose Blood we are now making Inquisition for ) was untimely taken away , Religion , and Justice both lay buried in the same Grave with Him : and there they had slept still ; if the miraculous Return of Our Gracious Sovereign had not given them a new Resurrection . My Lords , My Lord Coke , in his Comment upon this Statute , ha's one Conceit , which is somewhat strange ; I am sure it is very new : he seems to think , that it would have added to the Perfection of this Law ; if there had been a time limited for the Party to be accused . But certainly the work of this Day has quite consuted that Imagination . For here is a Treason , that has so long out-faced the Law , and the Justice of this Kingdom ; that , if there had been any time of Limitation in the Statute , there would have been no Time , nor Place , left for Punishment . And , if this Treason had but once grown up to an Impunity , it might perhaps have drawn the Guilt of that Innocent Blood , and with it the Vengeance due to it , upon the whole Nation . The Scope of this Iudictment is , for the Compassing the Death of the King : the rest of the Indictment , as the Vsurping Authority over the King's Person , the Assembling , Sitting , Judging , and Killing of the King , are but so many several Overt-Acts to prove the Intention of the Heart . We are not bound ( under favour ) to prove every one of these against every particular Person , who is Indicted : for he , that is in at one , is guilty in Law of all rest , as much , as if he had struck the Fatal Stroke it self . Nay ( under favour ) if we can prove any other Overt-Act , besides what is lai'd in the Indictment , as the encouraging of the Souldiers to cry out , Justice , Justice ; or Preaching to them to go in this Work as Godly , and Religious ; or any other act of all that Catalogue of Villanies , for which the Story will be for ever Infamous : this may be given in Evidence to prove the Compassing , and Imagining the King's Death . The conclusion of this Indictment alledges the Fact done to be to the great Displeasure of Almighty God , and to the great Disgrace of the People of England . A Truth so clear , and known ; that it can neither be heightned by any Aggravation , or lessend by any Excuse . As for the Fact it self , with the Manner of it , I shall not need to open it at large : for these things were not done in a Corner ; every true English Heart still keeps within it self a bleeding Register of this Story only ( my Lords ) in the way to our Evidence , with your Lordships favour , this I think , may be fit to be said . First , for the year 1648. ( for that was the Fatal year of this King , and beyond that year we shall not now enquire ) I say whatsoever , in the Year 1648. could have been done by a Parliament to save the Life of a King , was done in this Case . They opened the way to a Treaty in spight of the Army ; and , while these Sons of Zerviah , who were too hard for them , were engaged in Service , in the Remoter Parts , they hastened the Treaty as much , as was possible : the Debater upon His Majestie 's Concessions were Voted a good ground for Peace : notwithstanding the Remonstrances of the Army still flew about their Ears , and notwithstanding the Oppositions of a fearful , and unbelieving Party of the House-of Commons ; whom the Army had frighted into an Awful , and a Slavish Dependance upon them . And , when nothing else could be done for Him , they were so true to the Obligations they lay under , that they resolved to fall with Him : and did so . For the Army , who saw the Treaty proceed so fast , made as great hast to break it . They seize upon the blessed Person of our Sacred King by Force , and bring Him to London ; and here they force the Parliament ; shut out some Members , imprison others : and then called this wretched little Company , which was left , a Parliament . By this , and before they had taken upon them ▪ the Boldness to dissolve the House of Peers , they pass a Law , and Erect , forsooth ! an High Court of Justice , as they call it , a Shambles of Justice ; appoint Judges , Advocates , Officers , and Ministers ; sit upon the Life of the King. Now they Speak out , and Expound their own Declarations , and tell us what that was , which before they had demanded in obscure Terms , when they called for Justice against all Delinquents . Now they speak plainly what they mean , and call this blessed King , this glorious Saint , the grand Delinquent : — Haec Acies victum factura Nocentem est . My Lords , When they had thus proceeded to appoint their Judges , Officers , and Court , then they call this Person , their onely Liege Lord and Soveraign to the Bar , and , by a formal Pegeantry of Justice , proceed to Sit upon Him , Arraign , Try , Sentence , Condemn , and Kill ( I had almost said Crucifie ) Him , whom they could not but know to be their King. And all this against the clearest Light , the sharpest Checks , and most through Convictions of Conscience , that ever men resisted . And yet , in this moment of time , such was the Majesty , and Innocene , of our Gracious Soveraign ; that the People followed Him with Tears in their Eyes , and Acclamations in their Mouths , God save the King ; even then , when the Souldiers were ready to fire upon them , who did either look Sadly , or speak Affectionately . And yet it will appear upon our Evidence too ; that so few of the very Common Souldiers could be brought to approve these Proceedings , or to cry out Justice ; that their Officers were fain by Money , or Blows , or both , to bring a great many to it . My Lords , The Actors in this Tragedy were many , very many , so many ; that sure their Name is Legion , or rather many Legions . And certainly ( my Lords ) when we shall consider the Thing , that they have done , we cannot but look upon it , as a Villany , which had in it all the Ingredients to make it detestable , that it was possible for the Counsel of Men ; or Devils either ; to put together . But yet , if any thing can be of a deeper Dy , then the Guilt of that Sacred Blood , wherewith they stand Polluted , me thinks , their Impudence should make them more odious ; then their Treason . It was the destruction of God's Anointed , in the Name of the Lord. It was the Murther of a most blessed , and beloved Prince , in the Name of His People . Him , whom they had taken the transcendent Boldness to imprison ; as the Author of the War , they put to Death , because He would have been the Author of our Peace : and that with so much Scorn , and Indignity , that some of them were not ashamed to spit in the Face of our Lord , and Sovereign . And when they had thus quenched the Light of Israel : Darkness , and Confusion , did over-spread the face of the Land : many poor Subjects at Home , and some Protestants in Foreign Nations , at the very News of it fell down Dead ; as if this excellent King had been in a Natural , as well as a Religious sence , the Breath of our Nostrils , the Anointed of the Lord , who was taken in their Pits . The Judges , Officers , and other Immediate Actors in this pretended Court , were in number about fourscore . Of these some four , or five , and twenty are dead , and gone to their own place . The God of Recompences hath taken the matter so far into His Own Hands : and who knows , but that it might be one dreadful part of His Vengeance , that they died in Peace ? Some six , or seven of them , who are thought to have sinned with less Malice , have their Lives spared , indeed , but are like to be brought to a severe Repentance by future Penalties . Some eighteen , or nineteen , have fled from Justice , and wander to and fro , about the World with the Mark of Cain upon them , are Perpetual trembling , lest every Eye that sees them , and every Hand that meets them , should fall upon them . Twenty nine Persons do now expect your Justice . Amongst them the first , that is brought , is the Prisoner at the Bar , and he deserves to be the first ; for , if any Person , now left alive ought to be stiled the Conductour , Leader , and Captain of all this Work , that 's the Man. He ( my Lord ) brought the King up a Prisoner from Windsor , but how , and in what manner , with how little Duty , nay , with how little Civility to a common Person , you will hear in time . He Sate upon Him , Sentenced Him , he Signed the Warrant , first to call that Court together , then the bloody Warrant to cut off His Sacred Head. Against him , as against all the rest , our Evidence will be of two sorts : Witnesses , Viva voce ; that shall first prove to your Lordships , that every Person now in Question did sit in that Court , when their King stood , as a Prisoner , at the Bar. We shall prove that the Precept , by which this pretended Court was summoned , was not obeyed , and executed , till it had had the hands , and seals , of most of the pretended Judges : among the rest , the hand of the Prisoner at the Bar will be found there . We shall prove his hand to the bloody Warrant , for severing the Sacred Head of our Blessed Sovereign from the Body , and then some Circumstances of his Malice , and of his Demeanour . And after we have done with our Witnesses Viva voce , if we have occasion to use Records of Parliament , we shall shew them too ; for we have the Originals , or authentick Copies . But now we shall proceed to our Evidence . Proclamation was made for Silence . Sir Edward Turner . My Lords , The service of this Day doth call to my Memory the Story of good King Amaziah . We read in Holy Writ , that his Father , King Joash , was murthered , and murthered by His own Subjects : but we read further , that , when Amaziah had regained the Crown , was settled in the Government , He slew those , that slew His Father . He did go downe into Edom , the Valley of Salt , and there He did slay ten thousand . The work of this Day doth very much resemble that Action . Our Good , and Gratious King , His Father of blessed Memory , and our Father , His natural , and our politick Father , to whom our natural Allegiance was due was murthered , and by His own Subjects . But , My Lords , this was not a National Crime : and our Good , and Gratious Sovereign hath done us that Honour , and Right to vindicate us in Forreign Nations ; and now He is come Home in Power , and Glory , He does continue in the same Mind : that 's the Reason , we are not now slain by thousands ; but that those Miscreants are gathered up here , and there , that did commit the Offence , and would have involved the Nation in a common Infamy . Gentlemen of the Jury , Your time to enquire of this Matter is precious , more pretious then my Words ; else I would repeat to you the History of the Tragedy ; at least that Summary , that was entred in the Black Book , or the Journals of that they then called a Parliament . It shall suffice to tell you , and that most truly ; that it was but an handful of men in respect of the whole Nation , that did contrive , and design , this damnable and traiterous Plot , to subvert the Laws , and change the Government of this well-governed Nation . In prosecution of which they did cast abroad , and spread forth , Jesuitical Maxims , Damnable , and Diabolical Principles , to intoxicate the People ; and , when their Heads were troubled , they were easily lead into Arms ; where , after some time , they grew drunk with Successes : and when they had drunk too much of the Loyal Blood of the People , then they thirsted for the Royal Blood also . I do confess , we read in Stories , that Kings have before this time been murthered : some in our Nation , as King Richard the Second , and Edward the Third : and in other Nations . But the Actors of those Murthers were modest to these . They did it in Private ; these in the Face of the Sun , and the People : but it was those People , Gentlemen , they had corrupted with Shares in their Robberies , and Villanies . They pretended it was in a way of Justice : but , you must know , no Justice can be executed upon the Person of the King ; Touch not mine Anointed , saith God himself . My Lords , I do read in the Roman Story ; that both amongst them , and other Nations , there was no Law against Parricide . It was not thought that any man was so unnatural , and Devilish , to destroy his Father . But we do find amongst the Romanes such a Fact was committed , and then they were at a loss to punish it . The way was this , that they found out : the Offendour they sewed into a Mail of Leather so close , that no Water could get in ; when they had done , they threw him into the Sea : by this denoting ; the Offendour was not worthy to Tread upon the Ground , nor to Breath in the Air , nor to have the benefit of any of the four Elements , nor the use of any of God's Creatures : and so he starved . Gentlemen , Parricide , and Regicide , differ not in Nature , but in Degree . Parricide is the killing of the Father of one , or a few , Persons ; Regicide , the Killing the Father of a Countrey . What Punishment then is suitable to this Offence ? Gentlemen , The Prisoner at the Bar is accused of this Offence , and now to be Tried by you : but , before we enter upon the Evidence , I must , with the leave of the Court , inform you ; That , though the Indictment contains many Circumstances and Gradations , in the Treason ; yet the Imagining , and Compassing the Death of our late Sovereign , is the Treason , to which we shall apply our Evidence : this being , both by the Common-Law , and by the Statute of the 25th of Edward the 3d. the Principal Treason to be enquired of . And the other Circumstances in the Indictment are but so many matters to prove the Overt-Act . The Consultations , the Assuming Power to Try , and Condemn the King. The Assault upon him , and the Fatal Blow , that was given him , are but so many Demonstrations , and open Acts , proving the first Treasonable Design of the Heart . It will be enough for you , and so my Lords will tell you ; if we prove the Treason it self , which is the Compassing , and Imagining the Death of the King : though we fail in some of the Circumstances laid in the Indictment . I do not speak this , as if we should fail in any : but it is not necessary to prove them all , if we prove any , you are to find the Prisoner Guilty . I am not willing to hold your Lordships too long in the Porch ; but desire to descend into the Body of the Business : and so we shall call our Witnesses , and doubt not , but to prove , that this Man at the Bar was the first , and not the least of these Offendours . Mr. George Masterson was called . Mr. Harrison . When I was before your Lordships yesterday , I offered something very material , in reference to the Jurisdiction of the Court ; but you told me according to the Rule , I must Plead Guilty , or Not Guilty ; and what I had to offer should be heard in its proper place . I now desire to know , whether it be proper now to deliver my self , before you proceed to the calling of Witnesses : for I would go the best way , and would not willingly displease you . Lord Chief Baron . What was promised you yesterday , God forbid but you should have it . But I think it will be best for you to hear the Evidence ; and then what you have to say , you shall be fully heard . Mr. Harrison . I am content . Whereupon George Masterson , Stephen Kirk , Francis Hearn , William Clark , Robert Coitmore , and James Nutley , were called , and sworn . Councel . Mr. Masterson , Whether did the Prisoner at the Bar sit in that which they called the High Court of Justice , to sentence the King , or no ? Pray , tell my Lords , and the Jury thereof , and what else you know of the matter . Mr. Masterson . Upon the Oath I have taken ( my Lords , and Gentlemen of the Jury ) I saw the Prisoner , Th. Harrison , sit in that , which they called The High Court of Justice , upon the 27th day of January , in the year 1648. to sentence the King. Councel . Was it the day the Sentence was passed against the King ? Mr. Masterson . It was the day of the Sentence , the 27th . of Jan. 1648. Councel . Can you say any thing else ? Mr. Masterson . I do ( Sir ) further remember , that , when the Clerk of the Court ( as he was called ) read the Sentence against the King , and said , It was the sentence of the whole Court ; I saw the Prisoner at the Bar , together with others , stand up , to my apprehension , as Assenting to it . Councel . Was there not direction , that all should stand up , as Assenting ? Mr. Masterson . I do not know that ; but , when the Sentence was read , several of them did stand up , and he among the rest , as Assenting to the Sentence ; as the Spectatours understood . Councel . Mr. Clark. What do you say to the same Question ? Mr. Clark. My Lords , and Gentlemen of the Jury , I remember I saw the Prisoner at the Bar sit several times in the Court of Justice , as they called it : particularly on the 23d . and 27th . of January , 1648. as I took notice of it in a Book . Councel . Was that the day of the Sentence ? Mr. Clark. Yes , my Lord. Coun. What say you to that of the rising of those persons in the Court ? Mr. Clark. I remember they all rose ; but I did not take particular notice then of the Prisoner . Councel . Mr. Kirk , You hear the Question . Did you see the Prisoner at the Bar , in Westminster-Hall , sitting upon the Bench in that , which they called the High Court of Justice , when the King stood Prisoner at the Bar there ? Mr. Kirk . My Lord , I did see the Prisoner at the Bar sit several days in that , which they called the High Court of Justice . I was there every day of their sitting . Councel . Do you remember he was there on the 27th of Jan. 1648 ? Mr. Kirk . I do , Sir. Councel . Tell the Jury what was the Work there . Mr. Kirk . It was Sentence . I did take the Names of all those Gentlemen , that did appear in the Court on that day , the 27th of Jan. 1648. and amongst the rest , I took a Note of that Gentleman's Name , as being present . Councel . Whereas these Gentlemen ( Mr. Masterson , and Mr. Clark ) have declared ; that , as Assenting to the Sentence ▪ they all stood up : Did you see them stand ? And whether by Direction , or no ? Mr. Kirk . As for the Direction , I know nothing of it ? but the Members then present in the Court ( after Sentence was read ) as far as my Eyes could perceive , stood up unanimously ; I suppose , as Assenting to the Sentence . Court. Mr. Nutley , Did you know the Prisoner at the Bar ? Have you seen him sit in Westminster-Hall at any time upon the Bench , when the King was brought as a Prisoner to the Bar ? Mr. Nutley . My Lords , and Gentlemen of the Jury , I saw the Prisoner at the Bar several days sit there , amongst the rest of the Judges , as a Judge , I suppose . To the best of my remembrance , he sate there four days together . Court. Was he there upon the day of the Sentence ? Mr. Nutley . I did take Notes , My Lord , that day in the Court , and I find he did sit that day . Court. Do you know any thing more of the Prisoner at the Bar ? Mr. Nutley . Thus much I know concerning the Prisoner at the Bar , my Lord. The first day that they sate in publick , was ( as I remember ) the 20th . of Jan. 1648. Some few days afore that , there was a Committee , that sate in the Exchequer-Chamber , and of that Committee the Prisoner at the Bar was one of the Members . I do remember well , it was in the Evening , they were lighting of Candles ; they were somewhat private . This Gentleman was there , I saw him : for through the kindness of Mr. Phelps , who was then Clerk to that Committee , I was admitted , pretending first to speak with the said Mr. Phelps , and that I had some Business with him , and so ( as I said before ) I was admitted into the Committee-Chamber . Being there , I did observe some Passages fall from the Prisoner at the Bar ; the words were to this purpose . He was making a Narrative of some Discourses , that passed between his late Majesty and himself , in coming between Windsor and London , or Hurst-Castle , I know not well whether . My Lord that Passage , that I observed to fall from him in that Discourse , was this . He said , That the King , as He sate in the Coach with him , was importunate to know what they intended to do with Him. Mr. Harrison . In the Coach was it ? Mr. Nutley . Yea , Sir , it was in the Coach. He told the rest of the company ( as I said before ) that the King asked , What do they intend to do with me ? Whether to murther me , or no ? And I said to Him , There was no such intention , as to kill Him we have no such thoughts . But ( saith He ) the Lord hath reserved you for a publick Example of Justice . There is one word more , My Lords ; and that is this , which I heard from this Prisoner at the Bar ; That the reason , and end of their Meeting together , at that Committee , was concerning the Charge . So much I observed . It was concerning the Contracting of the Impeachment . I observed , that some found fault with the length of that , as it was drawn . They were offering some reasons to Contract it , and I heard this Prisoner at the Bar vent this expression , Gentlemen , It will be good for us to blacken Him , what we can ; Pray , let us blacken Him : or words to that Purpose ▪ I am sure Blacken was his word . Mr. Wyndham . Mr. Nutley , you speak of an Impeachment . Against whom was that Impeachment ? Mr. Nutley . It was against His late Majesty , the King. Councel . And it was to draw up that Impeachment so , as to Blacken Him. Was it so ? Mr. Nutley . Yes , Sir. Mr. Coytmore sworn . Mr. Wyndham . Did you see the Prisoner at the Bar sitting in that , which they called the High-Court of Justice , on the Day , when the King was Sentenced , or at any other time ? Pray tell my Lords , and the Jury . Mr. Coytmore . My Lords , and Gentlemen of the Jury , I was in that , which they called the High-Court of Justice , three , or four times . I saw this Gentleman either once , or twice , sitting there . Councel . Do you know any thing more ? Coytmore . No , really . I came onely to hear , and see , what they were doing , and I did there see him , I think , several Days : I am sure , once . Councel . Did you see him on the seven and twentieth of January 1648. sitting there , which was the Day of the Sentence ▪ Coytmore . I cannot call that to Memory . Councel . Do you know of any Expressions , that the King should be an Example of Judgment ? Coytmore . No , my Lords . Mr. Windham . My Lord , in the next place , We shall shew that Instrument , that was made under the Hand , and Seal , of the Prisoner at the Bar , as well as others , for Execution of the King : that Bloody Warrant . But first we will ask this Witness another Question . Councel . Did you see the Prisoner at the Bar sit on the Bench , as an ordinary Spectatour ; or as one of the Judges ? Coytmore . He was in the Court , sitting amongst the rest of the Judges , as one of them . Mr. Solicitour . My Lords , we will prove , that this Prisoner at the Bar was one of them , that took upon him the Conducting of the King , and that the King was in his Custody ; and to the High-Court of Justice also . The Lord Newburgh sworn . Councel , Pray , my Lord , give your self the Trouble , to raise your Voice , and to tell my Lords , and the Jury , what you know of the Prisoner at the Bar ; the part , that he acted in bringing up the King. Lord Newburgh . I was then living at his Majestie 's Lodg at Bagshot , when the Prisoner at the Bar brought the King from Hurst-Castle to London . He was the Person , that commanded the whole Party : and when the King by the way went to Dinner , by his Order there were Centries set at every Door where He was . When the King had Dined , he carryed him to Windsor , and appointed several of his Officers to ride close to the King , as He was riding , lest He should make His escape from them . Councel , That was an Imprisonment it self , and so a Treason . Mr. Windham . My Lords , we shall now produce to you two Instruments , which were made , the one for Convening , and Summoning the Assembling of that , which they called the High-Court of Justice , and shew this Prisoner's Hand , and Seal , to that . And then shew you likewise that , which was the Consummating of all , that Bloody Warrant for Execution of His late Majesty of blessed Memory , with the Hand , and Seal , of the Prisoner at the Bar unto it , amongst others . Mr. Sollicitour . My Lords , it will be fit before this to give you an account , how we came by these Instruments . Mr. J●ssop sworn . Councel . Shew to Mr. Jessop the Warrant for summoning that Court. Mr. Sollicitour . Mr. Jessop , pray tell my Lords , and the Jury , how you came by that Instrument you have in your Hand . Mr. Jessop . May it please your Lordships , I , having the Honour to attend the House of Commons , the House was pleased to make an Order , that Mr. Scobel should deliver into my hands all such Books , and Records , Papers , and other things , as did belong to the House of Commons , : and , in pursuance of that Order , I did receive , amongst other things , this Instrument , as a thing , that had been formerly in his hands , as Clerk of the House of Commons . Mr. Sollicitour . We desire it may be read , my Lords . Court. Pray first , prove his Hand . Mr. Harrison . I desire to know what is offered to be Read. Court. It is a Warrant that you Sealed , amongst other pretended Judges of your Hight Court of Justice ( as you called it ) for Trial of the King , for Summoning that Court. Councel . Mr. Kirk , Have you seen the Hand-writing of the Prisoner at any time ? Mr. Kirk . I have very often seen it , and am well acquainted with it ; and , so far as it 's possible a man can Testifie touching the Hand of another Person , I do verily believe this to be his Hand . Councel . How came you to be acquainted with his Hand ? Mr. Kirk . As he was a Member of the House of Commons , and my Imployment having relation thereto , I have seen him set his Hand several times . Mr. Farrington Sworn . Councel . Do you believe that this is the Hand-writing of the Prisoner at the Bar : ( The Instrument being shewed him . ) Mr. Farrington . I did not see him write it , my Lords ; but I believe it to be his : for I have often seen his Hand-writing . It is his hand , so far as possibly a man can know any Person 's hand , that did not see him write . Mr. Harrison . I desire to see the Instrument . Which being shew'd to him ; he said , I believe it is my own Hand . Councel . That 's the Warrant for summoning that Court , that he owns his hand too . Court. Shew him the other Instrument . That being for Execution of the Sentence ; Mr. Harrison . it being shew'd him , I do think this is my hand too . Councel . If you think it , the Jury will not doubt it . That 's the Bloody Warrant for Execution . And we desire they may be both read . Mr. Harrison . My Lords , do these Learned Gentlemen offer these , as being any Records . Councel . No , but as your own hand-writing . Mr. Harrison . If you do not read it as a Record , I hope your Lordships will not admit of any thing of that kind against me . Councel . He knows , that a Letter under his hand , and Seal , may be read in a Court. We do not offer it as a Record ; but prove it by Witnesses , that it is your hand-writing . Court. You have Confessed these to be your hands . Whether they are Records , or no ; whether Papers , or Letters : they may be read against you . You signed the Warrant for Convening together those , which you called The High Court of Justice , and you signed the other Warrant for putting the King to Death . You do Confess these two things . We do not see what further Use may be made of them . Court. You might observe , how the Indictment was for the Imagining , Compassing , and Contriving the King's Death . To prove that , there must be some Overt-Act , and a Letter under the Partie's Hand is a sufficient Overt-Act to prove such Imagination : to that end these are used . Mr. Harrison . I do not come to be denying any thing , that in my own Judgment , and Conscience , I have done , or Committed , but rather to be bringing it forth to the Light. Court Sir , you must understand this by the way , this you must take along with you ; That these are read , not as any thing of Authority in themselves , or as used to any other purpose , but as an Evidence of the Fact against you . Take that along with you . ( The two Bloody Warrants for Trial , and for Execution of His Majesty were here read , the later of which is as followeth . ) At the High Court of Justice for the Trying , and Judging of Charles Stuart , King of England Jan. 29. 1648. WHereas Charles Stuart , King of England , is , and standeth , Convicted , Attainted , and Condemned of High Treason , and other High Crimes ; and Sentence upon Saturday last was pronounced against him by this Court ; to be put to Death , by the severing his Head from his Body ; of which Sentence , Execution yet remaineth to be done : These are therefore to will , and require you , to see the said Sentence executed in the open street before White-hall , upon the marrow , being the 30th . day of this instant Moneth of January , between the hours of ten in the Morning , and five in the Afternoon of the same day , with full effect . And for so doing this shall be your sufficient Warrant . And these are to require all Officers , and Souldiers , and other the good People of this Nation of England , to be assistant unto you in this service . To Colonel Francis Hacker , Colonel Hunks , and Lieutenant-Colonel Phayre , and every of them . Given under our Hands , and Seals . Sealed and subscribed , BY John Bradshaw , Lord President . Jo. Hewson . Per. Pelham . Thomas Grey . Oliver Cromwel . Edward Whalley . John Okey . Jo. Danvers . Mich. Livesey . Jo. Bourchier . Hen. Ireton . Thomas Maleverer . Jo. Blakestone . Jo. Hutchinson . Will. Goff . Thomas Pride . Hen. Smith . Peter Temple . Tho. Harrison . Isaac Ewer . Val. Wanton . Simon Meyn . Tho. Horton . Jo. Jones . Jo. Moor. Hardress Waller . Gilbert Millington . Geo. Fleetwood . Jo. Alured . Rob. Lilburn . Wil. Say. Rich. Dean . Rob. Tichbourn . Hum. Edwards . Dan. Blagrave . Owen Roe . Will. Puefroy . Adrian Scroop . James Temple . Aug. Garland . Edmond Ludlow . Hen. Marten . Vincent Potter . Will. Constable . Rich. Ingoldsby . Will. Cawley . Joh. Barkstead . Anth. Stapeley . Greg. Norton . Tho. Challoner . Tho. Wogan . Jo. Ven. Greg. Clement . Jo. Downs . Tho. Wayt. Tho. Scot. Jo. Carew . Miles Corbet . Mr. Wyndham . Gentlemen of the Jury ; We have done our Evidence , and you must know , Gentlemen , that the principal Point of the Indictment is for Compassing , Imagining , and Contriving the Death of his late Majesty of Glorious Memory . There lies the Treason . So saies the Statute of the 25th . Ed. 3d. It hath nothing of Killing the King there , but of Imagining , and Compassing the Death of the King. The going about it , that 's the Treason : as hath been learnedly opened to you . The rest are but Overt-Acts . If there be such an Imagination , or Compassing the Death of the King once declared , though no fruit at all follow , it is Treason . Here certainly you have a very full Evidence given . We shew you a Consultation ; this is one Overt-Act , which would do the work , if there were nothing else . I must tell you ( and that with Submission to my Lords ; the Justices ) if they had advised , and gone no further : that had been Treason in the Letter of the Law. They Convened , and met together , and suppose then , they had absolved , and acquitted him ; do you think they had absolved themselves from Treason ? With reverence be it spoken : if they had acquitted him , they had been guilty of Treason . Assuming a Power to put the King to Death , is an Overt-Act , declaring such an Imagination , You see this Prisoner was no ordinary Actour in it : his Hand is in at all Games , Taking of Him , Imprisoning of Him , bringing Him to London , and setting Guards on Him. You see also his Malice , Let us Blacken Him : for they knew His Innocency would Shine forth ; unless it was blackened by their Imputations . He Sate many times , as your hear , and Sentenced Him , and Assented to that Sentence by standing up , and likewise by Concluding the Catastrophe of that sad beginning of Sufferings , his making a Warrant for his Execution , and accordingly you know what did follow : I think a clearer Evidence of a Fact can never be given , then is for these things . ( Here the Spectatours Hummed . ) Lord Chief Baron . Gentlemen , This Humming is not at all becoming the Gravity of this Court. Let there be free-speaking by the Prisoner , and Counsel . It is more fitting for a Stage-Play , then for a Court of Justice . Mr. Harrison . It is now time , my Lords , to offer what I have to say . Have these Learned Gentlemen offered what they will say ? Councel . We have no more , till he hath given us occasion : not for Evidence of the Fact. Mr. Harrison . My Lords , The matter , that hath been offered to you , as it was touched , was not a thing done in a Corner . I believe the sound of it hath been in most Nations . I believe the Hearts of some have felt the Terrours of that Presence of God , that was with his Servants in those days : ( However it seemeth good to him , to suffer this Turn to come on us ) and are Witnesses , that the things were not done in a Corner . I have desired , as in the sight of him , that searcheth all hearts , whilest this hath been done , to wait , and receive from him Convictions upon my own Conscience , though I have sought it with Tears many a time , and Prayers , over and over , to that God , to whom you , and all Nations , are less than a Drop of water of the Bucket : and to this moment , I have received rather Assurance of it , and that the things that have been done , as astonishing on one hand ; I do believe , e're it be long , it will be made known from Heaven ; There was more from God , than men are aware of . I do profess , that I would not offer , of my self , the least Injury to the poorest Man or Woman that goes upon the Earth . That I have humbly to offer is this to your Lordships ; You know what a Contest hath been in these Nations for many years . Divers of those that sit upon the Bench , were formerly as Active — Court. Pray Mr. Harrison , do not thus Reflect on the Court. This is not to the Business . Mr. Harrison . I followed not my own Judgment . I did what I did , as out of Conscience to the Lord. For when I found those that were as the Apple of mine Eye , to turn aside , I did loath them , and suffered Imprisonment many years . Rather , then to turn , as many did , that did put their Hands to this Plough : I chose rather to be separated from Wife , and Family , than to have Compliance with them : though it was said , Sit at my Right Hand , and such kind of Expressions . Thus I have given a little poor Testimony , that I have not been doing things in a Corner , or from my self . May be , I might be a little mistaken : but I did it all according to the best of my understanding ; desiring to make the Revealed Will of God in his Holy Scriptures , as a guide to me . I humbly conceive , That , what was done , was done in the name of the Parliament of England , that what was done , was done by their Power , and Authority , and I do humbly conceive , it is my Duty to offer unto you in the beginning , that this Court , or any Court below the High Court of Parliament hath no Jurisdiction of their Actions . Here are many Learned in the Law , and , to shorten the Work , I desire I may have the help of Councel Learned in the Laws , that may in this matter give me a little assistance to offer those Grounds , that the Law of the Land doth offer . I say what was done was done by the Authority of the Parliament , which was then the Supreme Authority , and that those , that have Acted under them , are not to be questioned by any Power less than them . And , for that I conceive there is much out of the Laws to be shewed to you , and many Presidents also in the Case . Much is to be offered to you in that , according to the Laws of the Nations , that was a due Parliament . Those Commissions were issued forth , and what was done , was done by their Power . And whereas it hath been said , we did Assume , and Usurp an Authority ; I say , this was done rather in the Fear of the Lord. Court. Away with him . Know where you are , Sir. You are in the Assembly of Christians . Will you make God the Author of your Treasons , and Murthers ? Take heed , where you are ▪ Christians must not hear this . We will allow you , to say for your own Defence what you can . And we have , with a great deal of Patience , suffered you to sally out : wherein you have not gone about so much for Extenuation of your Crimes , as to Justifie them , to fall upon others , and to Blaspheme God , and commit a new Treason . For your having of Councel ; This is the reason for allowing of Councel ; when a man would Plead any thing , because he would Plead it in Formality , Councel is allowed . But you must first say in what the Matter shall be , and then you shall have the Court's Answer . Lord Finch . Though my Lords here have been pleased to give you a great Latitude : this must not be suffered ; that you should run into these damnable Excursions ; to make God the Author of this damnable Treason Committed . Mr. Harrison . I have two things to offer to you , to say for my Defence in Matter of Law. One is ; That this , that hath been done , was done by a Parliament of England , by the Commons of England assembled in Parliament : and that being so , whatever was done by their Commands ; or their Authority , is not questionable by your Lordships ; as being ( as I humbly conceive ) a Power Inferiour to that of an High Court of Parliament . That 's one . A second is this ; That what therefore any did in obedience to that Power , and Authority , they are not to be questioned for it ▪ otherwise we are in a most miserable Condition , bound to obey them , that are in Authority , and yet to be punished , if obeyed . We are not to Judg , what is lawful , or what is unlawful . My Lords , Upon these two Points I do desire , that those , that are Learned in the Laws , may speak too , on my behalf . It concerns all my Countreymen . There are Cases alike to this , you know , in King Richard the Second's Time , wherein some Question had been of what had been done by a Parliament ; and what followed upon it , I need not urge in it . I hope it will seem good to you , that Councel may be assigned : for it concerns all my Countreymen . Councel . You are mistaken , if you appeal to your Countreymen . They will cry you Out , and shame you . Mr. Harrison . May be so , my Lords , some will : but I am sure others will not . Mr. Sollicitor Gen. These two Points , my Lords , are but one , and they are a new Treason at the Bar : for which he deserves to dy , if there were no other Indictment . It is the Malice of his heart to the Dignity , and Crown of England . I say this is not matter , for which Councel can be assigned . Councel cannot put into Form that , which is not Matter Pleadable it self . It is so far from being true , that this was the Act of the Supreme Parliament of the People of England , that there was nothing received with more Heart-bleeding , than this Bloody Business . But that the World may not be abused by the Insinuations of a man , who acts , as if he had a Spirit , and in truth is possessed , I will say ; That the Lords , and Commons , are not a Parliament : That the King , and Lords , cannot do any thing without the Commons ; Nor the King , and Commons , without the Lords , Nor the Lords , and Commons , without the King , especially against the King. If they do , they must answer it with their Head : for the King is not accountable to any Coercive Power . And for the Prisoner to Justifie his Act , as if it were the Act of the Commons of England , he is very much to be reproved . Shall he pretend , that one House , nay the eighth part of a House ( for so it was ) can Condemn a King : when both Houses cannot condemn one man in spight of the King ? I desire , my Lords , it may pass with a due Reproach , and a Sentence upon it . Lord Chief Baron . It is true , your Questions are but one Point . You pretend the Parliament's Authority ; and , when you come to speak of it , you say the Commons of England . They were but one House of Parliament . The Parliament ? what is that ? It is the King , the Lords , & the Commons . I would fain know of you , where ever you read , by the light you say you have in your Conscience , that the Commons of England were a Parliament of England , that the Commons in Parliament used a Legislative power alone . Do you call that a Parliament , that sate , when the House was Purged , as they call it , and was so much under the Awe of the Army , who were then , but forty , or forty five at most ? Then you say , It was done by Authority of them . You must know , where there is such an Authority ( which indeed is no Authority ) he that confirms such an Authority , he Commits a double offence ; therefore consider what your Plea is . If your Plea were doubtfull , we should , and ought , and would , our selves , be of Councel for you . That , which you speak concerning Conviction of your own Conscience , remember , that it is said in Scripture , that they shall think they did God good service , when they slay you , as it is in St. John. He hath a great deal of Charity , that thinks that what you did was out of a Conscientious Principle . It was against the Light of noon-day , and common practice . You make your self a Sollicitor in the Business . Let us blacken him , as much as we can . I have not touched at all upon the Evidence . I will not urge it now . I say you justifie it upon Convictions of Conscience , and pretend it upon Authority . A thing never known , or seen , under the Sun ; that the Commons , nay a few Commons alone , should take upon them , and call themselves the Parliament of England . We have been cheated enough by Names , and Words : there is no colour for what you say . I do think , and hope , my Brethren will speak to this Case , that none of us do own that Convention , whatsoever it be , to be the Parliament of England . There was another aggravation : at this Time , that this Pretended Authority usurped that Power ; the Lords were then sitting . You had not taken this usurped Power to dissolve these Lords . No ; you did this Act in dispight of the Lords , you had sent up an Ordinance to the Lords , and they rejected it , and thereupon these Members took it upon themselves . Amongst those there were some Negatives , and those Members were under the Awe , and Power of your Forces at that time . What you Plead , the Court are of Opinion , tends to the subversion of the Laws ; for you to usurp Power over the People without their Consents , to call this the People ; We never knew the like before . But the Parliament of England was the King , Lords and Commons . For you to speak of this Power , and Justifie this Power , is an Aggravation adding one Sin , and Treason , to another . We shall tell you , that neither both Houses of Parliament , if they had been there , not any single Person , Community , not the People , either Collectively , or Representatively , had any colour to have any Coercive Power over their King. And this Plea , which you have spoken of , it ought to be over-ruled , and not to stand good . Mr. Annesley . I do the more willingly speak to this Business ; because I was one of those , that should have made up that Parliament , that this Prisoner pretends to . I was one of that Corrupt Majority ( as they called it ) that were put out of the House . He cannot forget , that at that time there were Guards upon both Houses of Parliament to attend them , that were of their own appointment : and that those Guards were forcibly removed by the Prisoner at the Bar , and his Fellows : and other Guards put there , who instead of being a Defence unto them , when those Commons stood at the Door , were by them threatned . Yet the Lords , and Commons of England in Parliament Assembled , a full House of Commons , did resolve , notwithstanding what was aforesaid ; that the Treaty in the Isle of Wight was a Ground for Peace . Afterwards the Major part of the House of Commons , having resolved on this , sent it up to the Lords : that very day when they were Adjourned , there were Forces drawn down to the House of Commons Door , and none suffered to come into the House , but those , that they pleased . All those , that had a mind for Peace , that minded their Duty , and Trust , and Allegiance to their King , were seized on by this Gentleman , and his Fellows . When this was done , what did he , and those Fellows do ? They sate , and put a check upon all , that should come in . None must come in , but those , that would renounce their Allegiance , and Duty to their King , and the People , for whom they served , and then declared against that Vote , which had been passed upon Debate of twelve , or fourteen hours , and then to call this an House of Commons , nay the Supreme Authority of the Nation , he knows is against the Laws of the Land. For the House of Commons alone cannot so much , as give an Oath . It hath not power of Judicature of Life , and Death : this he knows well to be according to the Laws of England . He knows , that no Authority , less then an Act of Parliament , can make a Law , and he knows an Act of Parliament must be passed by the King , Lords , and Commons . I wonder much to hear a Justification in this kind by one , that knows the Laws of England so well . There will none of the Court allow , that that was a Parliament . The Majority of that House did all disavow it . These things have been already discoursed of : I shall onely say , that he , knowing the Laws so well , I hope , he shall suffer for trangression thereof . Mr. Hollis . You do very well know , that this , that you did , this horrid , detestable Act , which you Committed , could never be perfected by you ; till you had broken the Parliament . That House of Commons , which you say gave you Authority , you know , what your self made of it , when you pulled out the Speaker . Therefore do not make the Parliament to be the Author of your black Crimes . It was innocent of it . You know your self , what Esteem you had of it , when you broke , and tore it in sunder , when you scattered , and made them hide themselves , to preserve them from your Fury , and Violence . Do not make the Parliament to be the Authour of your Crimes . The Parliament are the three Estates . It must not be admitted , that one House , part of the Parliament , should be called the Supreme Authority . You know what that Rump , that you left did ; what Laws they made . Did you go home to advise with your Countrey , that chose you for that Place ? You know , that no Act of Parliament is binding ; but what is Acted by King , Lords , and Commons . And now , as you would make God the Author of your Offence , so likewise you would make the People guilty of your Opinion . But your Plea is over-ruled . To which the Court assented . Mr. Harrison . I was mistaken a little . Whereas it was said , the Points were one : I do humhly conceive , they were not so . I say what was done , was done in Obedience to the Authority . If it were but an Order of the House of Commons , thus under a Force , yet this Court is not Judge of that Force . I say , if it was done by one Estate of Parliament , it is not to be questioned . Court. It was not done by one Estate . They were but a Part ; nay but an eighth Part. Denz . Hollis . It was not an House of Commons . They kept up a Company by the power of the Sword. Do not abuse the People in saying , It was done by the Supreme Power . Councel . My Lord ; if it were an House of Commons , neither House of Commons , nor House of Lords , nor House of Lords and Commons together : no Authority upon Earth can give Authority for Murthering the King. This , that he alledgeth , is Treason : my Lord , this , that is said , is a clear Evidence of that , which is charged : there is only this more in it , he hath done it , and , if he were to do it again , he would do it . Lord Chief Baron . It is clear as the Noon-day , that this was not the House of Commons . Suppose it had been an House of Commons , and full , and suppose , ( which far be it from me to suppose ) they should have agreed upon such a Murtherous Act : for the House of Commons to do such an Act , it was void in it self ; nay , any Authority , without the House of Lords , and King , is void . You plead to the Jurisdiction of the Court , whether we should Judge it , or no. Yes , I tell you , and proper too . We shall not speak what Power we have . The Judges have Power , after Laws are made , to go upon the Interpretation of them . We are not to judge of those things , that the Parliament do . But when the Parliament is purged ( as you call it ) for the Commons alone to Act , for you to say , that this is the Authority of Parliament , it is that , which every man will say , Intrenches highly upon his Liberty , and Priviledge : And what you have said to your Justification , what doth it tend to , but as much as this , I did it , justifie it , and would do it again : which is a new Treason . The greatest Right , that ever the House of Commons did claim , is but over the Commons . Do they claim a particular Right over the Lords ? Nay , over the King ? Make it out , if you can : but it cannot possibly be made out . What you have said doth aggravate your Crimes . It is such an approvement of your Treason , that all Evidences come short of it . King , Lords , and Commons is the Ground of the English-Law . Without that no Act of Parliament binds . Justice Mallet . I have been a Parliament-Man as long , as any man here present , and I did never know , or hear , that the House of Commons and Jurisdiction over any , saving their own Members : which is as much , as I will say concerning the Parliament . I have heard a Story of a Mute , that was born Mute , whose Father was slain by a Stranger , a man unknown . After twenty years , or thereabouts , this Mute-man fortuned to see the Murtherer of his Father : and these were his Words , Oh! here is he , that slew my Father . Sir , The King is the Father of the Country ; Pater Patria : so saith Sir Edward Coke . He is Caput Reipublicae , the Head of the Common-wealth . Sir , What have you done ? Here you have cut off the Head of the whole Common-Wealth , and taken away Him , that was our Father , the Governour of the whole Countrey . This you shall find Printed and Published in a Book of the greatest Lawyer , Sir Edward Coke . I shall not need , my Lord , to say more of this Business . I do hold the Prisoner's Plea vain , and unreasonable , and to be rejected . Justice Hide . I shall not trouble you with many Words . I am sorry , that any man should have the Face , and Boldness , to deliver such words , as you have . You , and all , must know , That the King is above the Two Houses . They must propose their Laws to him . The Laws are made by Him , and not by Them : by their consenting ; but they are His Laws . That which you speak as to the Jurisdiction ; you are here Indicted for High Treason , for you to come to talk of Justification of this by Pretence of Authority , your Plea is naught , illegal , and wicked , and ought not to be allowed . As to having of Councel ; the Court understand what you are upon : Councel is not to be allowed in that Case , and therefore your Plea must be over-ruled . Mr. Justice Twisden . I shall agree with that , which many have already said ; onely this , You have eased the Jury ; you have confessed the Fact. I am of the same Opinion , that you can have no Councel : therefore I over-rule your Plea , if it had been put in never so good Form , and Manner . Earl of Manchester . I beseech you , my Lords , let us go some other way to work — Sir William Wild. That which is before us is , Whether it be a matter of Law , or Fact ? For the matter of Law , your Lordships have declared what it is , his Justification is as high a Treason as the former . For matter of Fact , he hath confessed it . I beseech you , My Lord , direct the Jury for their Verdict . This Gentleman hath forgot their Barbarousness : they would not hear their King. Court. No Councel can be allowed to Justifie a Treason : that this is a Treason , you are Indicted by an Act of the 25th . of Edw. 3d. That which you speak of the House of Commons , is but part of the House of Commons , they never did , nor had any power , to make a Law but by King , Lords , and Commons : and therefore your Plea is naught , and all the Court here is of the same opinion ; if they were not , they would say so : therefore what you have said is over-ruled by the Court. Have you any thing else to offer ? Mr. Harrison . Notwithstanding the Judgment of so many Learned ones , that the Kings of England are no ways accountable to the Parliament . The Lords , and Commons , in the beginning of this War having declared the King's beginning War upon them ; the God of Gods — Court. Do you render your self so desperate , that you care not what Language you let fall ? It must not be suffered . Mr. Harrison . I would not willingly speak to offend any man : but I know God is no Respecter of Persons . His setting up his Standard against the People — Court. Truly , Mr. Harrison , this must not be suffered : this doth not at all belong to you . Mr. Harrison . Vnder Favour , this doth belong to me . I would have abhorred to have brought him to Account : had not the blood of English-men , that had been shed — Councel . Me thinks he should be sent to Bedlam , till he comes to the Gallows to render an Account of this . This must not be suffered . It is in a manner a new Impeachment of this King ; to justifie their Treasons against His late Majesty . Mr. Solicitour General . My Lords ; I pray , that the Jury may go together upon the Evidence . Sir Edw. Turner . My Lords , This man hath the Plague all over him : it is Pity any should stand near him ; for he will infect them . Let us say to him , as they use to write over an House infected , The Lord have Mercy upon him ; and so let the Officer take him away . Lord Chief Baron . Mr. Harrison . We are ready to hear you again : but to hear such Stuff , it cannot be suffered . You have spoken that , which is as high a Degree of Blasphemy , next to that against God , as I have heard . You have made very ill use of these Favours , that have been allowed you to speak : your own Conscience cannot but tell you the Contradiction of your Actions against this , that you have heard as the Opinion of the Court. To extenuate your Crimes you may go on ; but you must not go as before . Mr. Harrison . I must not speak so , as to be pleasing to men : but , if I must not have liberty , as an English-man — Court. Pray , do not reflect thus . You have had liberty , and more , then any Prisoner in your Condition can expect : and I wish you had made a good use of it . Keep to the Business ; say what you will. Mr. Harrison . My Lords ; thus . There was a Discourse by one of the Witnesses , that I was at the Committee ; preparing the Charge , and that I should say , Let us blacken Him. The thing is utterly untrue , I abhorred the doing of any thing touching the Blackning of the King. There was a little Discourse between the King , and my self . The King had told me , that He had heard , that I should come privately to the Isle of Wight , to offer some injury to Him. But I told Him I abhorred the thoughts of it . And whereas it is said that my Carriage was hard to Him , when I brought Him to London : it was not I , that brought Him to London : I was commanded , by the General , to fetch Him from Hurst-Castle . I do not remember any hard Carriage towards Him. Court. Mr. Harrison , You have said , That you deny that of Blackning ; which the Witness hath sworn : and somewhat else touching the King , in His Way to London : that the Witness hath sworn to also . The Jury must consider of it , both of their Oaths , and your Contradictions . If you have nothing more to say , which tends to your Justification , We must direct the Jury . The end of your Speech is nothing , but to infect the People . Mr. Harrison . You are uncharitable in that . Justice Foster . My Lords , This ought not to come from the Bar to the Bench ; if you sally out thus about your Conscience . If your Conscience should be a darkened Conscience ; that must not be the Rule of other mens Actions . What you speak of that Nature is nothing to the Business . If you have any thing to say , by way of Excuse for your self for matter of Fact , you may speak : but , if you will go on as before , it must not be suffered . Mr. Harrison . The things , that have been done , have been done upon the Stage , in the sight of the Sun — Court. All this is a Continuance of the Justification , and Confession of the Fact. We need no other Evidence . Councel . He hath confessed his Fact , my Lords . The matter it self is Treason upon Treason : Therefore we pray Direction to the Jury . Lord Chief Baron . Mr. Harrison , I must give Direction to the Jury : if you will not go further touching the Fact. Mr. Harrison . My Lords , I say , what I did was by the Supreme Authority . I have said it before , and appeal to your own Consciences ; that this Court cannot call me to question . Lord Chief Baron . Mr. Harrison , you have appealed to our Consciences . We shall do that , which , by the Blessing of God , shall be just ; for which we shall answer before the Tribunal of God. Pray , take heed of an Obdurate , Hard Heart , and a Seared Conscience . Mr. Harrison . My Lords , I have been kept six Moneths a Close Prisoner , and could not prepare my self for this Trial by Councel . I have got here some Acts of Parliament of that House of Commons , which your Lordships will not own ; and the Proceedings of that House , whose Authority I did own . Lord Chief Baron . This you have said already . If you shew never so many of that Nature , they will not help you : you have heard the Opinion of the Court , touching that Authority . They all unanimously concur in it . Gentlemen of the Jury , You see , that this Prisoner at the Bar is Indicted for Compassing , Imagining , and Contriving the Death of our late Sovereign Lord , King Charles the First , of Blessed Memory . In this Indictment there are several things given , but as Evidences of it : they are but the Overt-Acts of it . The one is , first , that they did meet , and consult together about the putting the King to Death : and that alone , if nothing else had been proved in the Case , was enough for you to find the Indictment . For the Imagination alone is Treason by the Law. But beause the Compassing and Imagining the Death of the King is secret in the Heart , and no man knowes it but God Almighty : I say , That the Imagination is Treason : yet it is not such , as the Law can lay hold of ; unless it appear by some Overt-Act . Then the first Overt-Act is their Meeting , Consulting , and Proposing to put the King to Death . The second is more open ; namely , their Sitting together , and Assuming an Authority to put the King to Death . The third is Sentencing the King. And I must tell you , that any one of these Acts prove the Indictment . If you find him guilty but of any one of them ; either Consulting , Proposing , Sitting , or Sentencing ( though there is full Proof for all ) yet notwithstanding you ought to find the Indictment . You have heard what the Witnesses have said , and the Prisoner's own Confession . Witnesses have sworn their sitting together ; and that he was one : One swears he sate four times ; another twice ; some several times . There are several Witnesses for this : as Mr. Masterson , Mr. Clark , Mr. Kirk , and Mr. Nutley . And then you have another thing too , which truly the Prisoner did not speak of . Witness was given against him , That he was the Person that Conducted the King : this was before that , which he would have to be done by a Legislative Power : and that is another Overt-Act . If a man will go about to Imprison the King ; the Law knows what is the sad Effect of such Imprisonment . That hath often been adjudged to be an Evidence of Imagining , and Compassing the Death of the King. That man , the Prisoner at the Bar , it hath been proved to you , did Imprison the King : and it appears by his own Hand to the Warrant for summoning of that Traiterous Assembly , The High Court of Justice , as they called it . And also it appears by his Hand to the Warrant for Execution ; that Bloody Warrant . He hath been so far from denying , that he hath Justified these Actions . The Evidence is so clear , and pregnant , as nothing more . I think you need not go out . The Jury went together at the Bar , and presently unanimously agreed on their Verdict : whereupon they were demanded by the Clerk. Clerk. Are you agreed upon your Verdict ? Jury . Yes . Clark. Who shall say for you ? Jury . Our Fore-man . ( Which was Sir Thomas Allen. ) Clerk. Thomas Harrison . Hold up thy Hand . Gentlemen of the Jury , Look upon the Prisoner . How say ye ? Is he guilty of the Treason , whereof he stands Indicted , and hath been Arraigned ? or Not guilty ? Fore-man . Guilty . Then the Keeper was charged to look to the Prisoner . Clerk. What Goods , and Chattels , had he at the time of committing this Treason , or at any time sithence ? Fore-man . None to our Knowledg . Which Verdict being repeated to the Jury by Mr. Clerk of the Crown , the Jury owned it unanimously . Mr. Solicitor Gen. My Lords , upon this Verdict , that hath been given against the Prisoner at the Bar , I humbly move , that we may have Judgment given . Your Sessions will be long , and your work will be great ; his Demeanour hath been such , that he doth not deserve a Reprieve for so many Days , that you are like to spend in this Session . Court. Mr. Harrison , they desire Judgment upon the Verdict . What do you say for your self , why Judgement should not pass against you ? Clerk. Thomas Harrison , hold up thy Hand . What hast thou to say for thy self , why Judgmnt should not pass against thee , to dy according to Law ? Mr. Harrison . I have nothing further to say ; because the Court have not seen meet to hear what was in my Heart to speak , I submit to it . The Cryer made Proclamation for Silence whilest Judgment was in giving . Lord Chief Baron . You , that are the Prisoner at the Bar , you are to pass the Sentence of Death ; which Sentence is this . The Judgment of this Court is , and the Court doth award ; that You be led back to the place , from whence you came , and from thence to be drawn upon an Hurdle to the place of Execution , and there you shall be hanged by the Neck , and being alive shall be cut down , and your Privy-Members to be cut off , your Entrails to be taken out of your Body , and ( you living ) the same to be burnt before your Eyes , and your Head to be cut off , your Body to be divided into four Quarters , and your Head , and Quarters , to be disposed of at the pleasure of the Kings Majesty : and the Lord have Mercy upon your Soul. And then Proclamation was made for Adjournment of the Court to this place till seven of the Clock to morrow morning . And all Jury-men , and Witnesses , were commanded to be at the said Place , and Time , upon Forfeiture of an hundred Pounds apiece . Octob. 1● ▪ 1660. The Proclamation for Silence . The Jury called . Prisoners brought to the Bar , viz. John Jones , Adrian Scroop , Thomas Scot , Gregory Clement , John Carew . Cryer . Sir Thomas Allen. Clerk. Sir Tho. Aleyn , lay your hand on the Book , look upon the Prisoner at the Bar. Scroop . I challenge him my Lord. L. C. Bar. That you may not mistake , if you challenge in this manner , and do not joyn in your challenges , we must try you severally one after another ; I must tell you the course of the Law , If one challenge one , and another challenge another , we must sever , and go to Tryal one by one . Call the next . Cl. Sir Henry Wroth. Scroop . I challenge him . L. C. Bar. Then we must go on severally , set all aside but Mr. Scroope ; Mr. Scroop , you may challenge particularly whom you will , till you come to 35. if you go beyond that number , you will lose the benefit of the Law. Scr. I desire my Lord , that whosoever was challenged yesterday , may not be called again . Court. No , that cannot be , that is nothing to you . The Court thereupon proceeded , and called — Challenged , John Lisle , Nic. Raynton , Thomas Wynter , Thomas Frankelyn , Randal Nichol , Jo. Kirke , Ambrose Scudamore , George Tirrey , who were all challenged . Jury Thomas Willet , Hen. Marsh , Charles Pitfied Chr. Abdy , Rich. Cheny , Tho Bid. Jo. Smith , Richard Abel , Ralph Halsal , Jo. Gallyard , Tho. Swallow , Sam. Starnel , were admitted and sworn on the Jury . Cl. Cryer , make Proclamation . If any man can inform my Lords the King's Justices , the King's Serjeant , or the King's Attorney , before this Inquest be taken between our Soveraign Lord the King , and the Prisoner at the Bar , let them come forth and they shall be heard , for now the Prisoner stands at the Bar upon his delivery , and all others bound by recognizance to give evidence against the Prisoner at the Bar , let them come forth and give their evidence , or else they shall forfeit their recognizance . Cl. Adrian Scroop hold up thy hand ; you Gentlemen that are sworn , look upon the Prisoner , and hearken to his charge ; you shall understand , &c. upon this Indictment he hath pleaded not guilty . M. Sol. May it please your Lordships and you Gentlemen of the Jury ; this Prisoner at the Bar stands indicted sor compassing and imagining the death of the late King of blessed memory . The Indictment sets out , that to that end and purpose the Prisoner at the Bar did with others , assemble and sit together at Westminster Hall consulting upon him , and usurped an authority to proceed against the life of our said late Soveraign , and in persuance of that , our late Soveraign was brought to his death . These things are alledged in the Indictment as several over Acts to shew the treason of his heart , which was the compassing and imagining the death of the King ; Compassing and Imagining are the words of the Statute , the rest of the Indictment is but as so many overt-acts , evidences and manifestations of that corrupt and wicked heart of his , by which he first thought such a thought against his Soveraign . The manner of our evidence shall be this : Before they could come to accomplish this damnable design , it was necessary to meet in a trayterous assembly , which they called the High-Court of Justice , that under the pageantry and mockery of that , they might pretend to murder him by a Sentence ; and before that assembly could come to sit , there was a Precept set forth very formally to summon them to sit . This Prisoner at the Bar is one of those persons , who under his hand and seal did summon that Court to sit upon the life , of our late Soveraign . When the Court in obedience to that summons ( as they called it ) did meet , they sate several times , and he among them ; they did proceed with a wonderful impudence ( as they had begun ) to pronounce sentence of death upon our late Soveraign ; My Lords , this Prisoner at the Bar was amongst them , and was at that Court , and gave the sentence . When they had done , that they might compleat their villany , they made a bloody Warrant for severing the head of his late Majesty from his body , and the hand of the Prisoner is to that Warrant also ; and this is the scope of our Indictment . Scro. My Lords , may I have liberty to speak ? Court. If you do confess that which is opened in evidence against you , we shall not need to examine any Witnesses . Scr. Examine what you think fit , if I understand that worthy Gentleman that spake last , he said that my hand was to the Warrant for Execution ; My Lord , if I can see my hand I can tell , and I will not deny my hand . Court. Shew it him , which was done accordingly . Scr. My Lords , I will not deny but that it is my hand , but it is not my seal . Councel . Cryer , call Mr. Masterson , Mr. Kirke , Mr. Clark , Mr. Carr , who were all sworn . Mr , Masterson , pray tell my Lords and the Jury , whether you did see the Prisoner at the Bar in that which they called the High-Court of Justice , sitting as a Judge upon the late King. Mr. Mast . My Lords and Gentlemen of the Jury , I saw upon the 22. or 23. of Jan. in the year 1648. the Prisoner at the Bar sitting upon the Bench as one of the Judges in that which they called the High-Court of Justice ; the King standing a Prisoner at the Bar ; I say either 22. or 23. But I say particularly upon the 27th . of Jan. 1648. in which the sentence was passed upon the late King , I saw the Prisoner at the Bar sitting upon the Bench , in that which they called the High-Court of Justice . Coun. How did he demean himself when the sentence was read ? Mr. Ma. When the sentence was read , it was by the President ( as he was called ) of that Court , said to be the Sentence and Judgment of the whole Court , upon which the Prisoner at the Bar rose up , as to my apprehension , testifying his Assent . All their Assent were taken so , and no otherwise to us that were as spectators . Scr. I beseech your Lordships that I may speak without offence , and answer to this . Court. Mr. Scroop , you may please to have Paper , and Pens , and Ink , to take Notes , or to ask any questions . Scr. My Lords , give me leave to ask him this question , whereabouts did he see me sit in the Court. Court. Mr. Ma. you hear the question , pray answer to it . Ma. My Lords , I cannot particularly say where he sat , but I saw him in the Court , and to the best of my remembrance it was on the second seat on the left hand of Bradshaw . Scr. I would not give offence to the Court in any kind , I am now pleading for my life , I desire to take a little liberty to ask this Gentleman , if ever He and I were in company together , that he knows me so well . M. For my part I do not remember I saw his face before the sitting of that Court : If this Gentleman ask me if I were ever in his company , I know not how I may construe the word Company : but I am sure I never eat nor drank with him , I have seen him very many times at Committees , more then twenty times , since that business . Mr. Clark called . Coun. Mr. Clark you have heard the question , did you ever see the Prisoner at the Bar in that which they called the High-Court of Justice ? Mr. Clark , I do remember in the year 1648. I saw the Prisoner sitting in that which they call the High-Court of Justice upon the Tryal of the King. Scr. My Lords , you may desist in examining witnesses touching my sitting . Court. Do you acknowledge you did sit in that which they called the High-Court of Justice . Scr. Yes , I see it proved , and I see a Gentleman here in my eyes that I know very well , I will not deny it . Court. Did you sit upon the sentence day , that is the Evidence , which was the 27th . of January : You are not bound to answer me ; But if you will not , we must prove it . Do you confess that ? Scr. I do not confess that I stood up as assenting to the Sentence . Mr. Clark called . Coun. Mr. Clark what say you to that ? Clark. I did not take particular notice of him that day , that he stood up ; but the whole Court stood up to my apprehension , but I took notice that he was there then present . Coun. Mr. Clark do you remember that you saw any of them sit ? Cl. I did not take notice of any that sate then , but all stood up to my thoughts . Mr. Carr called . Coun. Mr. Carr , tell my Lords and the Jury whether you did see the Prisoner at the Bur sitting in that which they called the High-Court of Justice . Carr. My Lords and Gentlemen of the Jury , the 22. 23. and 27th . of Jan. 1648. I was present when the names of that they called the High-Court of Justice were called , and amongst others that were Judges of that Court as was printed in a Paper which I then had in my hand , Mr. Carr looked in that Paper when he gave this Evidence . I found the name of Mr. A● Scroop , who I saw did there sit and appear . Scroop . I hope you will not take any Evidence from a Printed List . Councel . The manner of his Evidence is , he saith this , That he had this Printed Paper in his hand , when the names of that Court were called ; and marking the persons in that Paper who were present , and that you were one of them who did appear . Scr. My Lord , I shall not dispute in regard of my want of skill in the Law , the Lawfulness of bringing in any Paper in Evidence into the Court , I shall not dispute against your Lordships : But by your favour , I do suppose there is no witness ought to use any Paper , or look upon any Paper when he gives Evidence ; but I shall submit it to your Lordships . Mr. Solicit . Ask him the question without his Paper ; but yet nothing is more usual than for a Witness to make use of a Paper to help his memory . Scroop . The Gentleman that spake last , I cannot hear him . Mr. Sol. We do not need his Paper in this Case , he will tell it without a paper . Mr Carr , speak without a paper . Carr. My Lords , upon the calling of those that were Judges in that Court which they called the High Court of Justice then sitting , this Gentleman the Prisoner at the Bar did answer to his name then called . Scr. Did you see me ? Carr. I heard you answer , and saw you . Scroop . I pray he may be asked where about I sate in that Court. Councel . Mr. Carr you hear the Question , answer to it . Carr. I am not able particularly to tell now , it being many years since . Scroop . My Lord , observe of what value this Evidence is , I am sure I never was in his company , I do not know that ever he saw me in his life : I beseech you give me leave to plead for my self in all humbleness and modesty , my Lord. L. C. Bar. Notice is taken of it Mr. Scroop , God forbid you should be debarred of it . Scr. I say he comes in with Evidence of a Paper he heard my name called , and marked it : It is strange that a Gentleman whom I never saw , I know not his name , nor I do not think he knew my name , if he had met me . L. C. Bar. I told you that was laid aside , and you heard him speak Viva voce without a Paper . Coun. Mr. Kirk , did you see the Prisoner at the Bar in that Court which they called the High Court of Justice for Tryal of the late King. Kirk . My Lords and Gentlemen of the Jury , I did see the Prisoner there , and I did wonder to see him there , which was the reason I took the more special notice of his being there . Scr. Pray , my Lord , let me intreat one thing before he speaks , That your Lordships will be pleased to speak to him to give in his Evidence without any speech . Coun. How can that be ? Can he give Evidence without speaking ? Scr. I beseech you , my Lords , give me leave to say this , Let him give in his Evidence in plain words without any speech . L. C. Bar. Mr. Scroop , he must be excused , there are Circumstances inducing which are as much as the Principal ; this that he hath said is very material : saith he , I did see the Prisoner at the Bar there , I did not expect it , and wondered at it , and therefore took the more notice — Let him go on , ask him what question you will. Scroop . My Lord , I submit . L. C. Bar. Mr. Kirk , you must speak the truth , and the whole truth ; go on . Kirk . I say , as I said before , I saw this Gentleman sitting in that which they called the High Court of Justice , and I did therefore wonder at it , because I did not expect him there : I came to know him formerly as he was called Captain Scroop . Coun. Go on . K. And as I said before , I saw this person , this Prisoner at the Bar , sit amongst the rest of those persons , Judges as they called themselves of the High Court of Justice for the Tryal of the King , I did more particularly take notice of this p●rson , because I did not expect him there : I knew him formerly upon this report , being an Eminent Man , by the name of Captain Scroop , and at that time was an Associate of one Captain Vivers , and Captain Wingham ; I had not seen him some years before this business , and seeing of him there , I did the more particularly take notice of him . Scr. Have you done , Sir ? I beseech your Lordship ask him what imployment he had there himself when he saw me there . K. My Lord , I was there to hear the Tryal . Lord Chief Baron . Mr. Scroop , I am not willing you should have any thing of interruption , unless you reflect upon any person , that concerns not you Mr. Scroop , do not think it will be for your advantage , nor is it proper for you to ask . Scroop . In all humbleness I do speak it to your Lordships , that your Lordship will please to consider , that if he had any imployment in that business himself , how unfit a Witness he is against me . Court. Much fitter . Scr. If it be so , I have done . Kirk . My Lord , I was there only as a Spectator , I went only there to see and hear , what was there to be seen and heard ; I stood there and took Notes in Characters of the Proceedings , and several others with my self did the like , and we compared them together , that was all my business at that time , and I saw him sit , there the 27. day of Jan 1648. which was the day of the Sentence against the King. Scroope . Where abouts did you see me sit there ? Kirk . It is not , I think imaginable that any person should be able after so many years , possibly to say where any person sate ; but to the best of my remembrance you sate upon the second Bench next the President : But I dare not be positive in that , I dare not justifie it upon my Oath , it is but my remembrance . Here Mr. Scroope talk't to one that stood near him . L. Chief Baron . We must desire that of you Mr. Scroop that you will not speak to any here but what the Court may hear . Scr. I shall observe your Commands . Mr. Coitmore sworn . Councel . Did you see the Prisoner at the Bar sitting in that which they called the High Court of Justice , as a Judge upon the King ? Coit . I did see him . Councel . When , what day ? Coit . I cannot name the day , I was there three dayes of their sitting , there I saw him once or twice ; once I am sure . Scr. What day ? Coit . I cannot remember . Councel . Did he sit there as a Judge upon the King. Coit . He sate amongst the rest as a Judge . Scr. Give me leave to ask him whereabouts he saw me sit ? Councel . Where did you see him sit ? Coit . I cannot remember the place , he was among them , I saw him either one or two dayes , there was a great company of them together . Councel . Mr. Nutley , Did you see the Prisoner at the Bar sitting in that which , they called the High Court of Justice ? Nut. If it please your Lordships , I was there in the Court those four several dayes that they sate in Judgment , I heard the Prisoner at the Bar called by his name , I did take notice he was there , truly I think he was there twice or thrice to my remembrance . Councel . Can you tell what day , whether the 27th of Jan. 1648. Nut. I cannot say positively , but to the best of my remembrance he was there , that was the last day when Judgment was given . Mr. Baker sworn . Councel . Mr. Baker what say ? you did you see the Prisoner at the Bar , sitting in that which they called the High Court of Justice ? Baker . Yes , I did see Col. Scroop on Tuesday the 23. of Jan. 1648. very particularly stand up and answer to his name . Councel . Mr. Coitmore , are you acquainted with Col. Scroop's hand ? Coit . I have had several Letters from him . Councel . Mr. Scroop , have you a mind to see the Warrant for summoning the Court ? Scr. I desire to see it ; I do not remember I set my hand to it . Court. Shew it him . It being shewed him , Scr. I cannot say it is my hand . Councel . It is too true , we shall prove it to you . Court. Shew it to Mr. Coitmore . Scr. Be pleased to let me see it once more ; which was again shewed him : Truly , my Lord , I will save him the labour . Councel . You do acknowledge it was your hand ? Scr. I 'le save him the labour ; for I confess I do not love Men should be put to their Oaths more than needs . Here likewise the Warrant for Execution was read . Coun. My Lords , we shall conclude our evidence with Major General Brown , the Lord Mayor Elect. The Lord Elect sworn . Coun. My Lord , be pleased to tell my Lords what discourse hath lately passed between the Prisoner at the Bar and you , concerning the death of the King. Lord Elect. My Lords , upon some occasion I was accidentally at the Chamber of the Speaker , there I met this Gentleman whom indeed I knew not ; he told me who he was ; and when I understood who he was , I said to him ( or words to this purpose , I cannot tell the words ) because I would not distaste him , and say you have done this , therefore I put it thus , We have done this , What a sad case have we said I , brought this Kingdom unto ? Why , saith he ? you see , said I , how it is ruined , now the King is murthered , &c , Saith he , some are of one opinion , and some of another . Sir , said I , do you think it was well done to murther the King ? saith he , I will not make you my Confessor , Sir , it was much to this purpose . Coun. When was this spoken ? Lord Elect. Truly I do not know the day , but it was that day that Sir H. M. rendered himself to the Speaker , it was since the coming in of the King. M. Sol. Neither time nor the hand of God appearing in this business , nor the condition he was in , was ever able to bring this Gentleman to be sorry for his offence ; but we do not give it as any evidence of his crimes : You have heard the Prisoner confess the two Warrants ; You have heard by several witnesses produced , that he did sit in that which they called the High-Court of Justice , by three , that he sat particularly on that day they called the day of their Judgment ; you have heard how little penitence he hath had , by his Declaration to the Lord Mayor Elect. Scr. I hope now that you have heard the Evidence against me , that you will give me leave to make some defence for my self . L. C. Bar. God forbid otherwise , but that you should have free liberty . Scr. Truly my Lords , though my breeding hath not been in the way of the Laws , and therefore I have a great disadvantage , when there be such learned Gentlemen as these are to plead against me . I must confess to you , I have something for matter of Law to plead for the justification of the fact , though I would not undertake to justifie the person , this I humbly entreat , if it may be granted , that I may have some time given me and some Councel , that I may answer matter of Law. L. C. Bar. M. Scroop , if you have any thing of matter of Law , for which you would have Councel , you must alledge that matter first ; the use of Councel is only to put in certainty , what you have of matter of Law , and then the Court and Judges must judge of it . If you have matter of Law , you must tell what it is ; if it be matter that there is cause to over-rule it , there is no cause of making further use of Councel . If one be Indicted for murther , when he comes to Tryal , he will say , I have matter of Law to plead ; What is that ? That Murther is no felony : Do you think Councel will be admitted in this ? If you do alledge what this matter is wherein you desire Councel , you shall have your answer . Scr. My Lords , as well as I am able to do it I shall do it ; my Lord , I was not of the Parliament ; take notice of that , and that which was done in the High Court of Justice , it was done by a Commission from the Parliament . My Lord , it was that Authority which was then , I will not say it was so , because I would not give offence ; it was that Authority then which was accounted the supreme Authority of the Nation ; and that Authority , My Lord , that a great many of the generality of the Nation submitted to . My Lord , I having received a command from that Authority , what I did was in obedience to that Authority : My Lord , I have not had time to consider of these things , because I have been for these six weeks time shut up a close Prisoner , and that I could neither come at Councel nor any thing else , nor to get any thing to prepare for it ; therefore I desire your Lordships to do me the savour , if you see any weight in it , to let me have time and Councel assigned me . L. C. Bar. Have you done Sir. Scr. Yes . L. C. Bar. Then I take it , this is the effect of what you have said , if I have not taken it aright tell me so ; You say you justifie the fact though not your Person ; That you were not of the Parliament ; That what was done was by Commission from the Parliament : Be pleased not to mistake me ; for I say you said this : That that which I have to plead in justification of it , I do not say that I justifie my self , but that which I have to say is for justification of the Fact : I was first no contriver of the business ; And then secondly , I did it by virtue of the Command , and in obedience to the Authority of the Parliament : That that Authority was then accounted the Supream Authority of the Nations , and that the Generality of the Nations did submit to their Authority ; I think I have repeated all you have said . Then Mr. Scroop you must know this , That there is no cause at all why Councel should be given for what you speak ; I profess it rather tends to the aggravation than extenuation of what you did . First , you say you did it by Authority of Parliament , I am afraid you have been mistaken as well as others , by the word Parliament , what doth that mean ? I am sure you and e-every one knows that there was not one Precedent ever heard of , till this , That the House of Commons should take upon them the Legislative Power , and make such an Act as this was , there was no colour for it . Then for men upon their own heads never heard of before , and against the Liberty and Fredome of the People , that they should call it the Parliament when there was but 46 sate , whereas there was above 240 excluded ; and how you can call this a House of Commons is a great wonder to me ; but I tell you this take it for granted , that if they were the most perfect House of Commons that could be : Did ever the House of Commons before this single Act , take upon them the Legislative Powers without the Lords ? The Acts are begun in the Commons House ; when you have done , if the Lords not pass it , it is a bortive ; if it be done by both Houses , there ought to be a Royal assent : But the Lords had rejected this Act ; then they must take upon them , these 46 men , whereof I do believe there was not above 25 or 26 men that did vote this , and this must be called the Parliament , the Commons of England . I would fain know whether any man hath heard , that the House of Commons took upon them the Legislative power before this Act ? but this hath been over-ruled in the like Case , and I shall say no more to it . What is the Oath of Allegiance ? is it not that you would defend the King , his Crown , Rights and Liberties , against all persons whatsoever ? It was not only against the Pope , ( as some would have it ) but the word is , or otherwise : They broke the oath of Supremacy : which was , That the King was the Supreme Governour of these Nations : They swore that they would maintain and keep all Priviledges , Immunities , Preheminencies , annexed to the Imperial Crown of this Realm ; there is difference between some Crowns , and Imperial Crowns ; An Imperial Crown , it was that which was not to be touched in the Person : We do not speak any thing of the absoiute Power of the King ; for you see he cannot Judge concerning the Death of his Father , but by Lawes . When you swore this Allegiance , all those Members of break all this at once , This would be so far from having any colour of Authority , that he that justifies it , justifies it against the light of Conscience and Laws . You say you did it by Commandment from them ; He that doth a Command by such an Authority , it is his guilt : Our Law-Books say , That if a Court at Common-Law exceed their Jurisdiction , in that Case , he that obeys that Command is punishable . In the Court of Common-Pleas , if there be an Appeal there for Murther , it is only proper to the Upper Bench ; and therefore if the party be condemned , sentenced , and executed thereupon , the Executioner in that Case is guilty of Murther , for obeying that Authority which was indeed no Authority : And therefore whereas you would go about to justifie the Fact , because you did it by Command of that Authority , that is an Aggravation , That when men shall assume an Authority which is a Devil at the noon-day , appearing without Vizors ; I say , shall assume an Authority never heard of before , If men will countenance their Acts by obeying of them , it is an Aggravation : We have already Declared this in the Case of the Prisoner yesterday ; We are all satisfied in the Law in that Case : It is so clear a Point in Law , that my Brethren here and we did over-rule it yesterday in the like Case , and so We must now ; and I hope that all do concur in this Opinion , that hath been delivered . Lord Finch . I hope all do concur in this opinion delivered by my Lord Chief Baron : You shelter your self under a Command of the House of Commons , But let me tell you and all the Word , That if the House of Commons ( let it have been never so compleat ) had given a Command , it had been a thing no ways justifiable ; the Justification is an Aggravation . Scr. My Lord , I do see that every thing I speak , though it be for clearing of my self from your ill opinion , I see it is taken in an ill sence ( I humhly beseech pardon for the Expression ) if I erre I will crave your Lordships pardon ; But my Lord , I say this , If I have been misled , I am not a single person that have been misled . My Lord , I could say , ( but I think it doth not become me to say so ) That I see a great many faces at this time that were misled as well as my self ; But that I will not insist upon : I say this , That I hope an Error in Judgment shall not be accounted Malice , or an Error of the Will : Truly ( my Lord ) I never went to the work with a malicious heart : I humbly desire your Lordships to take notice of it , That I never bore any malice at all against his late Majesty . L. C. Bar. Mr. Scroop have you done ? Scr. My Lord , I do beseech your Lordships to take notice , That an Error in Judgement is not an Error in the Will. L. C. Bar. Mr. Scroop , I am very glad to hear you say so ; But let me tell you what the Law saith ; The Law in this Case treates the malice . If a man do an act of this nature , that may be some kind of excuse to God , but towards man you are to look to the Fact , the Law implies the malice . If there be any thing you will say in the Extenuation of your offence , we will be very glad to hear that may tend to your help . Scr. My Lord , There is one Evidence comes in against me , that I must confess that I am very sorry to see ; and my Lord there was a saying , it is by my Lord Mayor Elect : Truly he is a worthy , Gentleman , but I desire the Lord may forgive that which he hath spoken : Truly my Lord , I did never intend any thing in this , neither can I directly remember that I spake those words directly , as my Lord Mayor Elect doth spake : I do believe my Lord Mayor cannot very well remember them himself ; for he saith , So far as he can remember ; I must confess that when I was there , and had appeared according to the Proclamation , that such discourse somewhat like it was raised , not of my procuring , I did not procure the Discourse ; I never intended the Justification of the Fact ; but it was my ill success that I should meet with that worthy Gentleman to have so much discourse with him . L. C. Bar. Mr. Scroop , my Lord Mayor Elect saith no further then this , So far as he remembers , and the words that you should say , were these , That some are of one opinion , and some are of another . Scr. Vpon the death of the King ( My Lord ) I mnst confesse to you , that somewhat I said to him , but I cannot own that I said those words . My Lords , He is a worthy person , I do not desire to spake any thing to degenerate in the least kind from him , it is but his yea and my no , there was nobody there . L. C. Bar. Have you any thing more to say for your self ? Scr. My Lord , if your Lordship do over-rule it so that I may not have Councel , I have little more to say . L. C. Bar. You have heard the sence of the Court in that particular , you cannot have Councel allowed you as to the matter you have pleaded . Scr. I have done but only this , My Lords , I know not whether it be seasonable to mention it , I came in upon the Proclamation ; and My Lord , by means of these unhappy words that have been reported of me in the House of Commons , whereas before I was no excepted person , I came to be excepted , and upon the very last day of passing that Act , never was excepted before the very last day : I beseech you take notice of this . L. C. Bar. Mr. Scroop , That is a thing that is not before us , but there will be a proper time to consider of it in another place , that is nothing to the Tryal ; have you any more to say , Sir ? Scr. No , My Lord ; Will your Lordship please to let me speak a word to the Jury . L. Ch. Baron . If you speak to the Court , the Jury will hear it . Scr. Truly my Lord , This I do perceive , that I am under a very great prejudice as to this fact . It hath been the case of many Gentlemen besides my self , I desire that these Gentlemen would take my case into consideration , as they would their own , and I desire that the Lord would give them direction that they may do that which is according to Justice and Mercy ; that is all I have to say my Lords . L. C. Bar. You Gentlemen that are sworn of this Jury , you see the Prisoner Mr. Scroop , hath been indicted for imagining and contriving the death of his late Majesty of blessed memory , King Charles the first . You see there are several things in this Indictment ; the charge is the Imagining and compassing the death of the King. In the Indictment there are several matters of fact to prove this Imagination . The Imagination is the Treason , the matters of fact to prove it are but the evidences of that imagination ; if any one of them be proved to you it is sufficient , the one is consulting and meeting together how to put him to death , the other Sitting and Assuming Authority to bring him to Tryal . Then you have a Sentence by the Court to put the King to Death thereupon . Afterwards he was put to Death . Any one of these matters are Evidence enough for you to prove the Indictment ; for though the Indictment concludes that so they did Imagine and Compass the Death of the King , and that the King was put to Death in manner and form as aforesaid ; the manner and form aforesaid goes to this , To the imagination of the Heart ; for the : Law did not think any one would put the King to death , they thought it so a Crime , they thought it not convenient to bring it into the Statute . But the Compassing and Imagining the Death of the King , is made Treason : Then to apply it , this Fact , to the Gentlemen , it appears to you here by the proofs against him . Here is Mr. Masterson , he swears he saw him sit in that pretended Court , there was your Evidence of the first , the first was their Meeting together ; and of the second too , They did Assume Authority upon them ; and he swears further to the Sentencing , That the Prisoner was there . Here were the Three Overt-Acts all proved . He confesses he did sign the Warrant for putting the King to Death : This without any Witness at all , was a sufficient proof , a Proof of proofs . The other Witnesses you hear what they say , you hear Mr. Kirk , M. Clark , M. Nutley , swear all to his Sitting there . It is true , when this comes to the particulars where he sate , you must remember it was Twelve Years ago ; when a man sees a mixt number of about Eighty Persons , it is impossible a man should be able to answer this particular after Twelve years , where such a one sate : but you may see by his Sentencing what he did . They all witness they saw him positively ; and one tells you , He wondered , he saw him there : and indeed it might be a wonder ; for Mr. Scroop ( to give him his right ) was not a Person as some of the rest ; but he was unhappily ingaged in that Bloody Business , I hope mistakenly ; but when it comes to so high a Crime as this , men must not excuse themselves by ignorance , or misguided Conscience . As to God , for this Horrid Murther of the King , somewhat may be ; but there is no Excuse or Extenuation before Man ; there may be , I say , before the Lord. You see the Proof is full against this Gentleman , as full as may be , Witnesses saw him Sit , and he himself confessed he signed the Warrants . I have no more to say to you ; but Gentlemen ; you see what it is , I think , for matter of Fact , you need not go from the Bar ; but I leave it to you . Scroop . My Lord — Lord Chief Baron . Mr. Scroop , If you have any thing to say , when the Jury have brought in their Verdict , if you will say any thing for matter of Mercy , the Court will hear you . Scroop . I thank your Lordship . The Jury went together , and presently settled themselves in their places . Clerk. A. Scr. Hold up thy hand . Look upon the Prisoner ; How say you , Is he guilty of the Treason whereof he stands Indicted , and hath been Arraigned , or not guilty ? Jury . Guilty . Clerk. What Goods and Chattels , &c. Jury . None that we know . L. Chief Bar. If you will say any thing , the Court will hear you . Scroop . I have no more , My Lord , but refer my self to this Honourable Court. Clerk. Set John Carew , Tho. Scot , John Jones , and Gregory Clement to the Bar ; who were set accordingly ; And being Commanded , they severally held up their hands . Clerk. These men that were last called , &c. Sir Tho. Allen , Lay your hand on the Book : Look , &c. Carew . I Challenge him . L. C. Bar. Are you all agreed as to your Challenges ? Pris . No , my Lord. L. C. Bar. Then we must do as before , sever you , and go to Tryal severally : Take the Three away , and let Mr. Carew stand at the Bar. Challenged , Charles Pitfield , Wille . Will. Smiths , Rich. Rider , Edward Rolph , James Shercroft , Tho. Vffman , Francis Beal , Will , Whitcombe , Samuel Harris , Jo. Nicol of Finchley , George Rigth , Tho. Fruen , Ab. Newman , Tho. Blithe , Will. Vincent , James Hawley , Chr. Abdy , Tho. Bide , John Smith , Abr. Scudamore , Ralph Halsel , John Galliard . In all , 23. Jury Sworn , Robert Clarke , Thomas Grover , Rich. Whaley , Sam. Greenhil , Nicholas Raynton , Tho. Winter , Rich. Cheney , John Kerk , Rich. Abel , Thomas Morris , George Tirrey , Thomas Swallow ; In all , 12. If any man can inform my Lords the King's Justices , &c. Cler. John Carew , hold up thy hand . You that are sworn , look upon the prisoner : You shall understand , &c. Sir Edw. Turner . May it please your Lordships , our Hue and Cry still proceeds against the Murtherers of our late Sovereign Lord King Charles the First of blessed memory , and this Gentleman the prisoner at the Bar is apprehended as one among others , for shedding that pretious blood . Gentlemen of the Jury , he stands indicted before you , For that he ( I cannot express it better ) not having the fear of God before his eyes , but being seduced by the instigation of the Devil , he did imagin and compass the death of his said late Majesty . In prosecution of this , Gentlemen , there be several things that are mentioned in the Indictment , which are the open acts to discover to you these secret and private imaginations . He did meet and consult with divers persons touching the death of the King , that did usurp and take upon them to exercise a Power and Jurisdiction to try the King ; and finally , most horribly put him to death . The Treason by the Statute of 25 Edw. 3. and which you are to enquire of , is , the imagination and compassing the death of the King , the rest of the Indictment are but particulars to prove , that he did so imagine and compass the death of the King. If we shall prove these or any of these facts , you have then sufficient to convict them . There was a thing they called a High Court of Justice , that was set up , wherein they did intend to try our late Sovereign Lord , and a precept made , and that under the hand and seal of the prisoner at the Bar , amongst others , for summoning and convening that bloody Court , where ( among the rest of the Miscreants ) the prisoner at the Bar did sit and had confidence , nay impudence , to pronounce Judgment against his Soveraign . In this he rested not , but he among them set his Hand and Seal to that bloody Roll or Warrant for putting him to death , which accordingly was done , and to these several open acts we shall call out Witnesses , and so proceed . M. Masterson , M. Clark , and M. Kirk sworn . Coun. M. Masterson , look upon the prisoner , did you see him sit , in that they called the High Court of Justice ? Lord Chief Baron . Mr. Carew , if you will have pen , ink , and paper , you may have it , pray call for it . Carew . I have no need of it . Coun. Mr. Masterson , did you see , &c. Ma. My Lords , and Gentlemen of the Jury , I was present at that Assembly , which they called the High Court of Justice for Tryal of the King , upon the 22 , 23 , and 27th . days of Jan. 1648. and there I saw the King stand a Prisoner at the Bar. I saw this Gentleman the Prisoner at the Bar sit upon the Bench in that Court , as one of his Majesties Judges , particularly upon the 27th . day of Jan. which was the day of Sentence , I saw him sitting there . Coun. Mr. Clark , You hear the Question ; Do you remember that you saw the Prisoner at the Bar sitting in that which they called the High Court of Justice ? Mr. Clark. I remember I saw the Prisoner at the Bar sitting in that which they called the High Court of Justice , for the Trial of the late King , and particularly I took notice upon the 23. and 27th . of Jan. 1648. that he was present . Coun. What was done upon that 27th . day ? Mr. Clark. The 27th . day the late King was sentenced to death . Jury . What is your Name , Sir ? Coun. His Name is William Clark. Coun. Mr. Kirk , What say you to the former Question touching the Prisoner , his being at that , which they called the High Court of Justice ? Mr. Kirk . My Lords and Gentlemen of the Jury , I was present at the Tryal of his late Majesty of blessed memory , I saw that Gentleman the Prisoner at the Bar several days there , particularly the day of the Sentence , which was the 27th . day of Jan. 1648. when the Sentence was passed , he rose up , assenting to it . Then the Warrant for summoning that pretended Court was shewed to Mr. Kirk . Coun. Do you believe that Hand to be the Hand of Mr. Jo. Carew , Prisoner at the Bar ? Kirk . My Lords , I do believe it to be his Hand , I have seen his Hand to several Orders , and being very well acquainted with his Hand-writing , I believe it to be his Hand as much as any Man can possibly know another man's Hand . Then the Warrant for Execution of the King was likewise shewn him . Coun. Is that the Hand also of the Prisoner at the Bar ? Kirk . It is the same Hand , my Lord. Court. Was Mr. Carew a Member of the Long Parliament ? K. Yes , My Lord. Coun. Had you occasion to be acquainted with his hand ? K. My Lord , I have seen him set his hand several times to Orders and other Papers . Mr. Farrington sworn . Coun. Do you know ( the Warrants being shewn him ) those hands to be the writing of the Prisoner at the Bar ? Far. My Lords , really I believe these are his hands . Court. Are you acquainted with his hand ? Far. Yes , My Lord , and I do believe these to be his hand-writing , I did not see him write them , but so far as possibly a man can know anothers writing , I do believe these to be his . Court. If you will ask to see them , you may see them Mr. Carew . Ca. Please you to go on . Here they were both read . Coun. May it please your Lordships , we shall not need to trouble the Jury any further , we have proved that the Prisoner did sign that Warrant for summoning that Court of Injustice ; that he sate there and sentenced the King to death among other , and that he signed the Warrant for execution . L. Chief Baron . M. Carew , you have heard the evidence , you may please to speak what you think fit for your self . Ca. My Lords , the crimes that are here laid to my charge in this Indictment , are Treason and Murther . L. Chief . Baron . I would not have you to be mis-informed , it is Treason onely , but it carries the other in with it , Murther . Ca. Because you say it carries the other inclusively . L. Chief . Baron , It doth , the charge is the compassing and imagining the death of the King , the other is but evidence . Ca. Then the thing that I stand upon before the Lord , and before you all , I say before the Lord , before whom we must all stand , and give an account of this action , which is a very great and weighty one : And whereas it is charged there , for I shall not trouble you with many words as to the particulars , or as to the proofs ; but I shall ingeniously acknowledg what the truth is , and how far I can believe it : and therefore I say as to the beginning of what was charg'd by the Council , and according to the course of the Indictment , that what was done in those things , that it was not having the fear of God before mine eyes , but being moved by the Devil , and that it was done with a Trayterous , Malicious , and Devilish heart , and all those things mentioned in the Indictment : As for that I can say in the presence of the Lord , who is the searcher of all hearts , that what I did was in his fear ; and I did it in obedience to his holy and righteous Laws . Here the people hum'd — L. Chief Bar. Go on , he stands for his Life , let him have liberty . Ca. It is part of my charge not to have the fear of God , &c. I did such and such things . I hope I may have liberty . L. Chief Bar. Go on , you shall not be interrupted . Ca. I say that I did it in the fear of the Lord , and I will begin with that , and confess ingeniously the truth of it . When this came into question , there was an Ordinance brought in to try the King , where my name was not as one of the Judges . There was another afterwards , an Act which I shall mention upon what ground by and by , what that was , and that Act was brought in and committed , and names brought in , and my Name was not brought in , and so afterwards my name was put in , and seeing it , I did strike it out : After the Committee was up I told them , I did desire to be excused in such a business . I have told you how , wherein , and the ground that I did it , which I shall leave with the Lord , in whose hand , your and my breath , and all our breaths are ; and therefore when it was so , I did because of the weight of it , as being a very great and special thing , and so I was very unwilling , because of there being enow , which I thought had more experience every way for so great a concernment , as that was , to be imployed rather then I , yet being satisfied with that Authority that did it ; This is to shew you how that I had the fear of the Lord , and did weigh the things : After that , when the Bill was brought into the house , my name was put in there with several others , so I came to be in ; and what I did was upon these two Accounts : First in obedience ( as I told you ) to the Lord , which was the chief thing : And in obedience to that which was then the Supreme Authority of this Nation ; and therefore I shall mention these grounds very briefly , because indeed the things that are controverted here at this time , they have been controverted in the Face of the whole world in several Nations ; and the Lord hath given an answer upon solemn Appeals , to these things ; I shall therefore mention them very briefly , because they have been so publique . The Declarations and Remonstrances that have passed between the King and Parliament concerning the beginning of the Wars — L. Chief Baron . Mr. Ca. I would be very loth to interrupt you ; But I see what course is taken , and the peoples eyes are upon you : You seek delays , and against the course of Prisoners you say you will confess ; but you do confess the Fact after you have spent the time . And all the Witnesses are heard for this that you speak of now ; you go about to justifie as in the fear of the Lord , or any thing of that nature , that we cannot allow of ; but we do allow you to speak and give the heads of what you will say as to the matter of Fact ; but to hear you make discourses and debates which are a justification of a horrid and notorious Treason , we cannot hear it ; we ought not to hear the maintaining of open Treason ; cannot hear you to speak that upon your opening , which is Treason : We are willing that you open the Heads what you have to say ; we are upon our consciences , and to appear before God for what we do , and so are you too ; but remember the Devil sometimes appears in the habit of an Angel of light . If you will couch your matter in a few words , the Court affords you liberty , which is indeed beyond the strict Rules of Law. Ca. You say you sit here by the Laws of the Land , and are sworn to maintain the Laws . We ought not that we should plead to this Indictment , for what we did , was by an Act of Parliament . Court. Pray Sir this must not be let fall without reproof ; or rather punishment . Ca. I believe there is no Precedent for it . Court. Sir , We know the act of Parliament as well as you , and most of the standers by : You go upon a false ground , there was no such Act of the Supreme Authority as you pretend to ; these are but Phantasms of your own brain , and must not be suffered ; these things have been controverted and decided many a time again and again . Ca. I desire to have time to speak how it was begun and carried on , or else how shall I be able to make my defence , or to tell you what are the Heads I wil insist upon ; I shall declare the grounds upon which the Parliament did proceed . L. Chief Baron . Mr. Carew , If that be your ground , the Parliament did it , the House of Commons did it , I have something to offer ( not to interrupt you ) to the then Commons — Ca. In my humble opinion for the maintaining of this , It was by Authority , the supreme Authority , by which it was done . L. Chief Baron . Did you sign this Warrant for the summoning and warning of that Court ? And did you sign the Warrant for executing the late King. Ca. I desire I may go on with my defence . L. Chief Baron . We would not have you be mistaken ; You seem to confess the act , and now you justifie it : you cannot speak any thing for your justification till you confess the fact . Ca. I shall speak to that in its time . L. Chief Baron . You must speak to that first that is matter of Fact ; whereupon the Jury are to go . Ca. There is matter of Law. Court. You must speak to matter of Fact first . Ca. I say this is that I was about to say , That the Supreme Authority — Court. You must speak to the Fact first , Whether you did compass , &c. the Kings death or not ? that is the first ground , if you did not , there is an end of the business : It is proved against you that you did it ; if you come to justifie it , it must be when you have first agreed the matter of Fact. Ca. I desire I may have liberty to proceed , either for matter of Fact , or Law as I list . Court. No , no , you must first speak to the Fact , you may be after heard . You know in all cases they must begin with the Fact , either denying or extenuating ; For matter of Law in this case must arise from the fact . Ca. But I humbly conceive there is a matter of Law in this case , and it is matter of Law that is above the jurisdiction of this inferior Court. Mr. Sol. Finch , I pray that he may be held to the issue , Guilty or Not Guilty : If he deny the Fact , let us relie upon our Evidence , and he upon his , he cannot come to Law till he hath confessed the Fact. The question is , Whether you did or not ? there is the Fact ; if you have any thing to justifie , that follows . Ca. I was upon that , and going on to shew the reasons and grounds of it . Court. First you must confess it , if you will shew the reasons why you did it . Ca. I told you there was some things I did . Coun. What are those some ? Ca. I do acknowledg that I was there at the Court. Coun. Did you sign the Warrants for summoning that Court , and for Execution of the King ? Ca. Yes , I did sign them both . Coun. Then say what you will. L. Chief Baron . Now go on . Ca. In the Year , 1640. there was a Parliament called according to the Laws and constitutions of this Nation , and after that there was some difference between the King and the Parliament , the two Houses of Parliament , Lords and Commons , and thereupon the King did withdraw from the two Houses of Parliament , as appears by their own Declaration , The great Remonstrance , printed in 1642. and thereupon the Lords and Commons did declare — L. Chief Baron . Mr. Carew , The Court are of opinion not to suffer you to go on in this : they say it tends not only to justifie your Act , but you cast in Bones here to make some difference . You talk of the Lords and Commons , you have nothing to do with that business : your authority that you pretend to , was an Act of Parliament ( as they called themselves ) and that , where there was but 46 Commons in the House , and but 26 Voted it . Ca. I say , that the Lords and Commons by their Declaration — Mr. J. Foster . Hold your hand a while , Sir , not so fast , you go to raise up those differences which I hope are asleep , new Troubles , to revive those things , which by the grace of God are extinct , you are not to be suffered in this ; it is not the singling out of a few persons that makes a Parliament . We see as before , so still it is your course to blow the Trumpet of Sedition . Did you ever hear , or can you produce instances of an Act of Parliament made by the House of Commons alone , though this was not the House of Commons , as you heard before ? Ca. Neither was there ever such a War , or such a precedent . Court. Nor we hope never will be : Pray remember , you were returned to serve in the House ; what was that Writ that summon'd your appearance ? You had no manner of ground in the world to go that way that you did . Coun. We pray that the Prisoner at the Bar give us pationce a little to repeat that to him which your Lordships have been so often troubled with declaring ; this is not the first or second time that in this publique Assembly it hath been said , That neither the Lords nor the Commons , jointly nor severally , have any power at all to proceed upon the Person of the King ; That it is not in their power to condemn any man in England , without the good pleasure of the King , much less the King himself ; and that this is the great Liberty of the people of England that it should be so ; and it was the first breach and invasion of our Liberty that that first Parliament made , and which you justifie in the name of the Lord. In this case to throw us upon Debates of the War , and to talk here of the causes and reasons of that quarrel which ended in such a Tragedie . For this person to come here with this confidence , and to justifie it , but that he knows he cannot be in a worse condition , one would wonder it should fall from any man that hath any regard of himself ; it is all one to them that perish , whether they fall by one sin or multitudes . He makes no scruple to multiply Treasons ; I do beseech your Lordship he may not offer as he hath begun , but that the Jury may proceed . Court. All the Court are of the same opinion , not to hear any thing like the former Discourses . Ca. I desire I may be heard , I have not compassed the Death of the late King , contrived the death of the King ; what I did , I did by Authority . Court. This is not to be heard : You have heard what hath bin said to you , There could be no such Authority , neither was nor could be ; but you would by a wyre-lace bring it in by this ; You have confessed the Fact , which must be left to the Jury . L. Ansley . I think you were present in the House of Commons when that Vote passed for agreement with the King in the Treaty at the Isle of Wight . You know the King having condescended to most of the desires of This Parliament ; there was a debate in the House , and a conclusion that they were grounds for peace . You know the Lords and Commons did resolve to agree with their King ; when that was done , that would not satisfie you and other Members of the House ; Then you go and contrive new ways ; you contrive a new fashioned Parliament , the driving away many Members by power , which you could not do by the Law of the Land ; Nay , the Parliament had Declared against that which you pretend is by Authority , is no Authority , for a few of you set up an Arbitrary Parliament of a few of your selves ; when you had driven away the rest : This kind of Parliament gives you the Authority you pretend to : You were saying that the Parliament was called at first the Lords and Commons by the King , according to the ancient Constitutions of the Laws ; Did such a Parliament give you such Authority as you pretend to , and Act of Parliament , as you call it , which was but an Order of some of the Commons , and but a few of them ; you can have no manner of Justification , and therefore your Plea must be over-ruled as yesterday it was in the like Case . You are indicted upon a cleer Act of Parliament of 25. Edw. 3. and you defend your self upon pretence of an Act of Parliament which hath been over-ruled as no Act. Ca. I am a stranger to many of these things , which you have offered , and this is strange ▪ You give evidence sitting as a Judge . L. Ch. Bar. You are mistaken , it is not Evidence ; he shews you what Authority that was , an Authority of 26 Members : How is this Evidence ? Mr. Carew if you have any thing more of Fact go on : If you have nothing but according to this kind of discourse , I am commanded to direct the Jury . Ca. I am very willing to leave it with the Lord , if you will stop me that I cannot open the true nature of those things , that did give me ground of satisfaction in my Conscience , that I did it from the Lord. Mr. Sol. I do pray for the honour of God and our King , That he may not be suffered to go on in this manner . You have been suffered to speak , you have said but little , only Sedition ; You pretend a Conscience ; and the fear of the Lord , when all the world knows you did it against the Law of the Lord , your own Conscience , the light of Nature , and the Laws of the Land , against the Oaths you have taken of Allegiance and Supremacy . Ca. Gentlemen of the Jury , I say I shall leave it with you : This Authority I speak of is right , which was the supreme Power , it is well known what they were . Coun. It is so indeed , many have known what they were . L. Ch. Bar. Mr. Carew , You have been heard what , and beyond what was fit to say in your own defence ; that which you have said , the heads of it , you see the whole Court hath over-ruled . To suffer you to expatiate against God and the King by Blasphemy , is not to be endured ; it is suffering poison to go about to infect people , but they know now too well the old saying , In Nomine Domini , In the Name of the Lord all mischiefs have been done , that hath been an old Rule . I must now give directions to the Jury . L. Ch. Bar. Gentlemen of the Jury — Ca. I have desired to speak the words of truth and soberness , but have been hindered . L. Ch. Bar. Gentlemen of the Jury , You see the Prisoner here at the Bar hath been Indicted of Treason , and this was for Compassing and Imagining the Death of our Soveraign Lord , K. Charles the First , of blessed Memory . The Indictment sets forth several overt-Acts to prove this Imagination , for otherwise it is secret in the heart ; the Fact it self , the Treason it self , is the Imagination of the heart : The overt-Acts that are laid down in the Indictment to prove this , That they did consult and meet together how to put the King to death , That they did sit upon him , And thirdly , That they did sentence him to death , and afterwards he died . You heard what is proved against the Gentleman , the Prisoner at the Bar , by several Witnesses : His own Confession , That he signed the Warrant for Summoning and Convening that Court together , whereby the King was to be brought to his Tryal ; and that he sate at his Sentence , and issued the warrant for his Execution : You saw that this Gentleman did the Fact , did Compass and Imagine the King's Death . That which you are to try is this Issue , being Indicted for High Treason , and pleading not Guilty ; whether this Gentleman that went so far , Sate upon him , Condemned him , Signed the Warrant for his Execution , did not Compass and Imagin the King's Death ? I think you need not stir from the Bar where you are ; but I leave that to you . After a very small time of Consultation by the Jury amongst themselves at the Bar , they agreed in a Verdict . Silence was Commanded . Clerk. John Carew , Hold up thy Hand : Gentlemen of the Jury look upon the Prisoner . How say you ? Is he Guilty of the horrid Treason whereof he stands Indicted , or not Guilty ? Foreman . Guilty . Cl. What Goods and Chattels , &c. Jury . None that we know of . Mr. Scot's Tryal on Friday , October 12. 1660. At the Sessions-House aforenamed . Clerk. Set Thomas Scot to the Bar , ( which was accordingly done ) Thomas Scot hold up thy hand . These men that have been of the last Jury are to try , &c. If you will Challenge all , or any of them , you must Challenge them before they are sworn . Scot. I desire that those men who have been of the former Jury may not be named . I know my liberty of excepting against my number . Lo. Ch. B. Mr. Scot , That which you do desire is a thing not right ; the Offence with one is not the same with others : I speak not but that the Court will do you all Right ; the Court will grant it if you will wave your Challenges : but if you mean those that have been by others challenged , it is against Law. Scot. I am willing to bring my self upon my Tryal , and I will take the ordinary way of Excepting and Challenging . Sir Hen. Wroth , Sir Jer. Whitchcote , James Hawley , Rich. Rider , Fra. Beale , Chr. Abdy , Nicho. Raynton , Tho. Winter , John Kirke , Rich. Abel , Sir Tho. Aleyn , Abr. Scudamore , Ralph Halsall , George Tirrey , Tho. Swallowe , Charles Pickerne , Arthur Newman , Tho. Blithe , William Vincent , Rich. Whaley , were called and challenged . Thomar Grover , Edw. Rolfe , Tho. Vfman , William Whitcombe , Rich. Cheney , Tho. Bide , Charles Pitfield , John Smith , Tho. Morris , Tho. Fruen , Henry Twyford , Samuel Starnel , were the Jury sworn . Clerk. Cryer make Proclamation . Cryer . O yes ! If any man can inform my Lords the Kings Justices , &c. Clerk. Tho. Scot. hold up thy hand . You that are sworn of this Jury you shall understand that the Prisoner at the Bar stands Indicted by the name of Tho. Scot late of Westminster in the County of Middlesex , Gent. For that he , together with John Lisle , &c. [ Here the Indictment was read . ] Unto which Indictment he hath been arraigned , and thereunto hath pleaded Not guilty , and for his Tryal hath put himself upon God and the Countrey , which Countrey you are . Now your Charge is to enquire whether , &c. Mr. Soll. Gen. You that are sworn of this Jury , this Inquisition for blood , Royal Blood goes on against the Prisoner at the Bar , he stands Indicted for Compassing , Imagining , and Contriving the death of the late King of blessed Memory : It is laid to his Charge in the Indictment , That he did assemble at Westminster , and that he with other persons usurped an Authority of sitting and sentencing to death his said late Majesty , and that in consequence and pursuance of that the King came to his death : The Treason he stands charged with is the Compassing and Imagining the Kings death ; The other parts of the Indictment are but overt acts , that do but evidence and prove the Corruption of his heart : if we prove but some of these overt acts , then you must find him guilty . Our Evidence against this Gentleman will be thus : We shall call Witnesses to prove his sitting in the Court , sentencing his King , while his King stood a Prisoner at the Bar ; the Warrant for Execution of the King directed to certain persons to see Execution done accordingly , was under Hands and Seals ; and among those Hands and Seals , the Hand and Seal of the Prisoner at the Bar is one : and then we shall produce to your Lordships Witnesses to shew you with what a hard and impenitent heart this hath been Committed ; for he so gloried in the Act , That he desired it might be writ upon his Tomb — Mr. Nutley , M. Kirke , Mr. Masterson and Mr. Clark sworn . Coun. Mr. Masterson , be pleased to tell my Lords and the Jury , if you have seen the Prisoner at the Bar sit in that which they called the High Court of Justice . Mr. M. My Lords and Gentlemen of the Jury , I saw the prisoner at the Bar present at the High Court of Justice ( as they call'd it ) for the Tryal of the late King some days ; that is to say , either upon the 22. or 23. day of Jan. 1648. but particularly upon the 27th day of that Month in the said year , when the Sentence of death was pronounced against his late Majesty . I saw the Prisoner at the Bar present . Coun. As one of the Judges do you mean ? Mr. Ma. As one of the Judges sitting upon the Bench. Scot. Do you know where abouts I sate ? Mr. Ma. I cannot satisfie you in that ; but I saw you sitting upon one of the Benches . Coun. Mr. Clark you hear the question , pray answer what you know touching it . Mr. Cl. My Lords , and you Gentlemen of the Jury , I was present in the year 1648. when his late Majesty stood a Prisoner at the Bar in that which they called the High Court of Justice ; and among other persons there present in that business , I observed Mr. Scot , the Prisoner at the Bar , to sit as one of the Judges , and particularly upon the 23 and 27th days of Jan. in the said year , upon which last day the Court pronounced Judgement upon the late King. Coun. Did he stand up as assenting to the Sentence ? Mr. Cl. They all stood up to my apprehension , I know not particularly whether the Prisoner at the Bar did . Coun. Mr. Kirke , tell my Lords and the Jury your knowledge in this business touching the Prisoner at the Bar. Mr. K. I was present at the Tryals of his late Majesty several days ; among the rest of the persons that sate in the Court as Judges , I saw the Prisoner at the Bar , and particularly upon the day of the Sentence , the 27th of Jan. 1648. The Court stood up unanimously as assenting . Coun. Shew him the Warrant for Execution . K. This is his Hand . Coun. Have you seen his Hand often ? K. Yes Sir , and am well acquainted with it . George Farrington sworn . Coun. Shew Mr. Farrington the Warrant ; Do you know that to be Mr. Scots Hand-writing . Mr. Far. I did not see him write it , but I do verily believe it to be his ; I have often seen his Hand-writing . Coun. Mr. Nutley do you know Mr. Scots hand-writing ? Is that Mr. Scots writing ? [ The Warrant shewn him ? ] Mr. Nutley . I do verily believe it is . Coun. Have you been acquainted with the writing of his name ? Mr. N. I have seen him write his name , and do verily believe it to be his hand . Coun. Clerk read the Warrant : He read it accordingly . Coun. That which remains of our Evidence , is to prove his boasting of this villany ; We shall desire you to hear Sir Theophilus Biddolph . Sir Theo. Biddolph sworn . Coun. Pray tell my Lords and the Jury what you have heard the Prisoner say touching this business of putting the King to death . Sir Th. Bid. I did hear him confess that he did sit as one of the Judges of the late King ; and that he was so far from repenting of the Act , that he did desire when he dyed , That a Tomb-stone might be laid over him with this Inscription , Here lyes Thomas Scot who adjudged to death the late King. Coun. Where did he say this ? Sir T. B. In the Parliament House . Coll. Copley , Esq ; sworn . Coun. Pray Mr. Copley tell my Lords what you know of this business . Mr. Cop. My Lord , I was one of the Secluded Members ; when we were called to sit in the House again , the Prisoner at the Bar , Mr. Thomas Scot ( I think it was the last day we sate ) there being some speaking of the horridness of the Fact , he made a long Harangue about that horrid Act ; and he said , He hoped he should never repent of it , and desired that when he dyed it might be written upon his Tomb-stone , Here lies Thomas Scot , who adjudged to death the late King. Coun. We have done with our Evidence . Court. Sir Theophilus Biddolph , When was it you heard him speak those words ? Sir T. B. To my best remembrance it was in Richards Parliament ; it was about January or February was twelve months , Coun. Were not you a Member for the City of London in that Parliament ? Sir T. B. Yes . Coun. Mr. Copley , When was it that heard it ? Mr. Cop. It was in April last . Mr. Soll. Gen. It was a settled perswasion of his heart , and he thought it fit to be gloried in . The Lord Mayor Elect sworn . Coun. Pray my Lord , tell my Lords what you know concerning the Prisoner at the Bar. Lord M. Elect. My Lords I was one of those Secluded members that were returned again a little before the coming in of His Majesty : Upon the last day of our sitting , Mr. Scot seeing the House must break , said , Their heads must be laid to the Block if there were a new Parliament ; For said you ( looking on Mr. Scot ) I confess I had a hand in putting the King to death , and I desire all the world may take notice of it , and I desire when I dye it may be written on my Tomb : I do not repent of any thing I have done ; if it were to do I could do it again . Mr. Soll. Gen. Do it again ! He follows his blows home . William Lenthall Esq ; sworn . Coun. Mr. Lenthall pray be pleased to tell my Lords and the Jury what you do remember of any discourse of Mr. Tho. Scot , ( the Prisoner at the Bar ) tending to the glorying in this Act , or any thing in Justification of that Act. Mr. Lenth . My Lords , the last day it was , the last instant of time , We were resolving of breaking the House , there was some opposition in it , not very much : The general consent of the House was to dissolve it ; I must confess at that time I did hear Mr. Scot much justifie that Act of the death of the King ( which truly I was much offended at ) I confess to you upon my Oath touching his Speech of the Inscription upon his Tomb , I did not hear that : Justifying the death of the King he made a long Harangue about , and he ●●e at the upper end of the Gallery ; but these words , Of ●●ving it written upon his Tomb , and to have all the world take ●●●ice of it ; I do not remember . Coun. My Lords , my Lord Mayor Elect omitted something ; pray let him speak to it . Lo. Ma. Elect. My Lords , the Conclusion of his Speech ended thus ; Being it is your pleasure to have it so ( the House Dissolved ) I know not how to hinder it ; but when that is done , I know not where to hide this hated HEAD of mine . Coun. We desire to hear what the Prisoner will say for himself . Scot. I have no certainty from the Witnesses that I was there , but in a wandring way , they know not where I sate , nor my posture . Mr. Baker sworn . Coun. We do not call this Witness as material , for we must insist upon it quite through , that after 12. years time it is not possible a Witness should remember where every particular person sate . Pray hear this Witness . Mr. Baker . I do perfectly remember , That Mr. Scot sate two rows above Mr. Bradshaw on his left hand in that which they called the High Court of Justice . Scot. As to the Warrant you speak of I know not what it signifies , I desire to know what the nature of it is . Coun. The Warrant hath been read , it is not produced against him as a Record ; for then it needed not be proved : but it is produced against him as an evidence in writing under his own hand that he was consenting to the death of the King. Scot. They may very much mistake my hand ; You speak of words that I should utter in Parliament , I do humbly insist upon it , That I am not to answer , nor they alledge any thing of that nature : It is a high breach of Priviledge . Coun. There is no priviledge of Parliament for treason . First , some of the words were spoken in Richards Parliament , & that you do not own to be a Parliam ▪ then another thing ( a known rule in Law ) there is no priviledge of Parliament for treason . Scot. I have heard the Rule , but do not so well understand it , of that spoken in Richards Parliament ; it will be a nice thing for me to distinguish between that and another Parliament ; but this I think , That Convention of the people onght to have the Priviledge of the Parliament as well as any other . I humbly conceive it was testimony ought not to be given to you ; Whatever I say in Parliament , the Priviledge extends to no more than this , that I may be lawfully secured till the Parliament hath been acquainted with it , but not finally concluded till the Parliament have heard it . Lo. Ch. Bar. You are Indicted for Compassing and Imagining the death of the King : I would have you understand , That in case a man should commit an Act of Treason , be it in what place soever , there is no place of Sanctuary for Treason ; In case of Felony , if a man be Indicted for Felony in the Parliament House , during the time of Parliament , this is not to be tryed in Parliament , but according to the Rule of Common Law ; So in case of Treason , the House of Commons in Parliament doth not try Treasons : That distinction which you make is nothing . Scot. I humbly conceive there is such a Priviledge that no man shall ever be called to account for any thing spoken in Parliament , if he be not called to account by the House before any other Member be suffered to speak . Lord Ch. Bar. That is , the House will not determine , but that doth not extend to your Case , you are not charged here criminally for speaking those words that have been testified against you , but for Compassing and Imagining the Kings death , of which there are other Evidences , and this but an Evidence to prove that . Scot. My Lord , I never did say these words with that aggravation which is put upon them , I have a great deal of hard measure ; as to say , I hope I shall never repent , I take God to witness , I have often , because it was spoken well of by some and ill by others , I have by prayers and tears often sought the Lord , that if there were iniquity in it he would shew it me ; I do affirm I did not say so . Mr. Baker . My Lord I omitted something , which was this ▪ I had occasion to speak with Mr. Scot , whilest Richard's Parliament was sitting , and among other discourse insisting upon some things that Richard had done , saith he , I have cut off one Tyrants head , and I hope to cut off another . Scot. My Lord , This is but a single witness . Mr. Soll. Gen. I suppose he meant Rich. for he was a Tyrant . Lord Ch. Bar. Speak on Mr. Scot whatever you have to say . Sc. If that he laid aside as an impertinency , I have the less to say . L. Ch. Bar. The next thing you have to do is to answer to the fact , whether you did it or did it not . Scot. I say this , Whatever I did , be it more or less , I did it by he Command and Authority of a Parliamentary Power , I did sit as one of the Judges of the King , and that doth justifie me whatever the nature of the fact was . Lo. Ch. Bar. We have had these things alledged before us again and again : The Court are clearly satisfied in themselves that this act could not be done by any Parliamentary power whatsoever . I must tell you what hath been delivered , that there is no power on earth that hath any coercive power over the King , neither single Persons nor a Community , neither the people Collectively nor Representatively . In the next place , that which you offer to be done as by Authority of Parliament , it was done by a few members of the House of Commons , there were but 46 there at that time , and of these 46 not above 26 that voted it , at that time the House of Lords was sitting , who had rejected it , and without them there was no Parliament , there was a force upon the Parliament , there was excluded seven parts of eight : Supposing you were a full House of Commons , and that without exception , there was not Authority enough , and it is known to you ( no man better ) that there never was a House of Commons before this time , that this foul Act was made for erecting that High Court of Justice ( as you call'd it ) assumed that Authority of making a Law , you cannot pretend to act by Authority of Parliament ; and because you would excuse it , you did it by Authority of Parliament , whether it were good or no ; If a man do that which is unlawful by an unlawful Authority ; the assuming to do it by that Authority , is an Aggravation , not an Extenuation of the Fact. It was over-ruled , I think my Lords will tell you , That they do not allow of that Authority at all , either to be for Justification or Plea. Scot. My Lords I humbly pray leave to say , that without offence to the Court ( every person whereof I honour ) This Court hath not Cognizance to Declare whether it were a Parliament or no. Lo. Ch. Bar. That was objected too , and we must aquaint you , That first of all it is no Derogation to Parliaments , That what is a Statute or not a Statute , should be adjudged by the Common Laws . We have often brought it into question , whether such and such a thing was an Act of Parliament or not , any man may pretend to an Authority of Parliament : If forty men should meet at Shooters Hill , as the Little Convention did at Westminster , and say , We do declare our selves a Parliament of England : because they do so , shall not this be judged what is a Statute and what not ? It is every days practise , we do judge upon it ; the Fact is so known to every body , they did assume to themselves a Royal Authority ; it hath been over-ruled already , it hath been the mistake of many , the vulgar acceptation of the word Parliament . A Parliament consists of the King , Lords and Commons ; it is not the House of Commons alone ; and so it is not by Authority of Parliament : It is not unless it be by that Authority which makes up the Parliament : You cannot give one instance , That ever the House of Commons did assume the Kings Authority . Scot. I can many , where there was nothing but a House of Commons . Court. When was that ? Scot. In the Saxons time . Court. You say it was in the Saxons time , you do not come to any time within 600 years ; you speak of those times wherein things were obscure . Scot. I know not but that it might be as lawful for them to make Laws as this late Parliament , being called by the Keepers of the Liberties of England : My Lords , I have no seditious design ; but to submit to the providence of God. Court. This is notorious to every man : This we have already heard and over-ruled . L. Finch . That that I hope is this , That Mr. Scot will contradict that which he hath said before ; that is , That he hopes he should not repent , I hope he doth desire to repent . Mr. Scot , for this we must over-rule it , as we have done before ; there is nothing at all to be pleaded to the Jurisdiction , and this point hath been determined before . Scot. The Parliament informer times consisted not so much of King , Lords and Commons , but King and Parliament . In the beginning of the Parliament in 1641. the Bishops were one of the three Estates , if it be not properly to be called a Parliament , a legislative Power ; though it be not a Parliament it is binding ; If two Estates may take away the third , if the second do not continue to execu●● their trust , he that is in occupancy may have a title to the whole : I do affirm I have a Parliamentary Authority , a legislative power to justifie me . Lo. Ch. Bar. Mr. Scot , what you speak concerning the Lords Spiritual is nothing to your Case , be it either one way of other , it was done by an Act of Parliament , with consent of the King , Lords and Commons , though you will bring it down to make these Commons have a legislative Power , I told you it was over-ruled before . We have suffered you to expatiate into that which was a thing not intended by many of my Lords , that you should have any such power to expatiate into that which is nothing but indeed to make a new Government , which is the highest Treason next to the Murthering of the King in the world ; To subvert the Laws , and to make a few of the Commons , nay , if they had been the whole , to make them to have the Legislative power . Mr. Scot , if you have any thing in extenuation of the Fact we shall hear you , further we cannot . L. Finch . If you speak to this purpose again , for my part I will profess my self , I dare not hear further of it ; It is so poysonous blasphemous a doctrine contrary to the Laws , if you go upon this point I shall ( and I hope my Lords will be of that opinion too ) desire the Jury may be directed . Scot. I thought my Lord you would rather be my Councel , it is not my single opinion , I am not alone in this Case , therefore I think I may justifie my self in it , it was the Judgement of many of the Secluded Members to own us to be a Parliament . Lord Annesley . What you said last doth occasion my rising , you seem to deliver my opinion , who you know could never agree to what you have alledged ; truly I have been heartily sorry to hear the defence you have made to day , because you know I have had Letters from you of another nature ; I was very confident to have heard you an humble Penitent this day instead of justifying your self : As to that which you say of the Secluded Members owning you to be a Parliament ; they were so far from it , that you know for how many years they lay under sufferings and obscurity , because they could not acknowledge that an Authority which was not so : You cannot forget the Declaration of both Houses that was published upon a Jealousie that the people had , they would change the Government of King , Lords and Commons ; It was far from their thoughts , it was called in that Declaration A black scandal cast upon them : This Declaration you know was by Order of both Houses affixed in all Churches of England that people might take notice what they held to be the Fundamental Government of this Kingdom , King , Lords and Commons : After this for you to set up another Government , and under them to act such things that one would think should hardly enter into the heart of any man. You know very well all along they declared themselves faithful Subjects to the King , and so would have lived and dyed ; and you might have had your share of the happiness of that peace , if you could have had an Inclination to submit to that which both Houses had resolved , when you and others could not bring your hearts to stoop to your Fellow Subjects , when you could not submit to that equal rule to take your share with them . When Pride carried some so high , then was the beginning of your fall and others , and none could expect other than what is now come to pass , That they should come to that shame and sorrow that this day hath brought upon you : I could have wished to have heard nothing but an humble confession of the fault that hath been clearly proved , and no Justification of it : You have sworn among others to preserve the Laws and People of the Kingdom ; but you drove away not only the House of Lords , but most of the Commons , and then to give the name of a Parliament to the Remainder , this is a great , aggravation of your Treason . I think we of the Secluded Members could not have discharged our duty to God and the Kingdom , if we had not then appeared in Parliament to have dissolved that Parliament , and so by our joynt assent put an end to all your pretences , which if we had not done , we had not so soon come to our happiness , nor you to your miseries . Lo. Ch. Bar. The Court hath told you before their opinions in the thing , and no further debate is to be allowed in this , the Justification of it doth comprehend treason ; We our selves are not by Law to allow the hearing of it . If you have nothing to say for your self I must give direction to the Jury . Scot. I humbly crave leave to move the Jury that they bethink themselves , and consider of it rather as a special Verdict than of a definitive one , I think there is cause of a special Verdict . Court. If there was need of a special Verdict ( We are upon our Oaths ) I should give direction to the Jury . What We do , We do upon our Oaths , and must answer it before God Almighty . The Court hath delivered their opinions before , that in this Case the Pretended Authority under which you did derive that Power which you did execute , that it is no Authority , it is void in Law , it is a foundation ( if it were true ) of subverting all Laws , and indeed of all Religion , a Power that you assumed to your selves of Judging and Condemning your King , that you would countenance such an Authority is a great aggravation of the fault . They are Jugdes whether you did Imagine or Compass the Kings Death , that is all the Jurors have to do . Gentlemen of the Jury — Scot. I would know what particular Law I have transgressed in this thing . Court. The Law of God and Man. 25 Edw. 3. Scot. I humbly conceive that reaches not to this Case . Court. To satisfie you in that , the very words of the Statute are , If any man do Compass or Imagine the Kings Death it is Treason ; The Indictment is , That you did Imagine and Compass the death of the King , if the Fact be proved against you , you are within the Statute . Scot. You will not say the King shall be a Traytor if he shall Compass the death of the Queen . Court. The Queen is a Subject . Scot. I am not yet convinced . Lo. Ch. Bar. Gentlemen of the Jury . Scot. I do plead and claim that I am within the Compass of several Pardons ; and desire Councel in that particular , I do come within the Compass of his Majesties Pardon . Lo. Ch. Bar. If you had not gone on to matter of Justification , you might have been more heard to this of Pardon ; but after a Justification then to come for a Pardon , which implies a confession of Guilt , they are contradictory : I must tell you we are now upon point of Law , That Proclamation I doubt not but his Majesty will inviolably make good ; but we are not to judge of that , it is nothing to a legal proceeding : You are now in a Court of Law , it is not to be pleaded in a Court of Law ; the Kings Pardon in Law must be under his Broad Seal : How far you are under that Proclamation , care will be taken , and what is fitting to be done , will be done ; but it is nothing in the matter of the Charge to this Jury . Scot. I desire Councel touching the Statute of 25 Edw. 3. Court. You should have done it before you had confessed the Fact. Scot. I may do it in Arrest of Judgement . Lo. Ch. Bar. Mr. Scot , for that of the Kings Proclamation , if you be within the benefit and compass of it , according to his Royal Word and Honour in it , you will have the benefit of it ; but it is not a Plea in Law , but it must be a Pardon under Seal ; whatsoever concerns that Proclamation will be considered : It is nothing to the matter whereupon the Jury are to go . Lord Chief Baron . Gentlemen of the Jury , you see the Prisoner Tho. Scot , stands Indicted for Compassing and Imagining the death of our Dread Soveraign King Charles the First of most glorious and blessed memory ; He is Indicted for Compassing and Imagining his death , there is the Treason ; and what is set afterwards in this Indictment is only to manifest this Compassing and Imagining , because that being in the heart alone without some overt Act no body can prove it : There are several overt Acts laid in the Indictment ; one is , A Trayterous consulting and meeting together how to put the King to death : Then a sitting upon the King as a Prisoner , being before them , about his life and death ; The third is Sentencing to death : that which followed is , That he was Murthered : If any of these acts should be proved , the Indictment is proved ; for the proof , there are several Witnesses have fully proved that he did sit there several times , particularly upon Jan. 27. which was the day of the Sentence : That he did sit there , all of them agree to that ; It is true as to the Circumstance where he sate ; one Gentleman saith he sate in the second Row , on the left hand of Bradshaw ; you well remember it is 12. years ago , how any man upon the view , and after so long a distance of time should he able to remember in what posture one man was from the rest , I think neither you nor I can remember : Here is one proved : to you that he did sign that Warrant for Executing the King ; he saith , How can another know his Hand ? You see what the Witnesses say , they knew it ; a man can prove nothing more of another mans Hand than that , unless they see it written , there is nothing to put upon you but his words . You see what words are aggravated against Mr. Scot ; Whereas he saith , It is a breach of the Priviledges of Parliament ; if it were so , it is nothing to this Fact ; though another man should break the priviledges of Parliament it is nothing to you ; but besides it is not a breach of the priviledge of Parliament . You have heard the Witnesses what they have said against him . Mr. Lenthall , swears that he did speak at large fully in owning that business of the Kings death ; The rest swear positively to the same effect , and that at several times ; What was that ? He gloried in it , defended it , and said , He could wish it were Engraven on his Tomb stone ; he hath denyed this that the Witnesses have proved : That which is lest to you is , whether upon all this matter that you have heard , Whether the Prisoner at the Bar is Guilty of Compassing and Imagining the Kings death ; and so go together — After a little Consultation together , they setled in their places again . Clerk. Tho. Scot hold up thy hand . Look upon the Prisoner at the Bar ; How say you , is he Guilty of the Treason whereof he stands Indicted , or not Guilty ? Jury . Guilty . Cl. Look to him Keeper . Cl. You say the Prisoner is Guilty , &c. and so you say all . Jury . Yes . Cl. Set Mr. Scot aside . Clerk. Set John Jones and Gregory Clement to the Bar. Which was done accordingly . Thereupon the said Gregory Clement preferred his Petition to the Court. Indictment read against them both . Lo. Ch. Bar. If you do confess your Offence , your Petition will be read . Clem. I do my Lord. Lord Ch. B. Mr. Clement , if you do confess ( that you may understand it ) you must when you are called , and when the Jury are to be charged . You must say ( if you will have it go by way of Confession ) That you Wave your former Plea and confess the Fact. Clerk. Gregory Clement , you have been Indicted of High Treason , for Compassing and Imagining the death of his late Majesty , and you have pleaded not Guilty : Are you contented to wave that Plea and confess it ? Clem. I do confess my self to be Guilty my Lord. Clerk. Set him aside . Clkek . John Jones , hold up thy hand . These men that were last called , &c. if you will Challenge all or any of them , you must Challenge them when they come to the Book , and before they are sworn . Jones . I confess I sate amongst them some days , but not maliciously contrived the death of the King. Coun. He is troubled at the Form , he confesseth the Matter , That he was there sitting in the High Court of Justice . If he will not confess it , he knows we can prove his Hand and Seal to that bloody Warrant . He is troubled that he is said to have Trayterously and Maliciously Contrived the Kings death : He that doth these Acts towards it , is by Law responsible as to the Malice . Jury Sworn . Sir Tho. Allen , Sir Henry Wroth , Sir Jer. Whitchott , James Hawley , Henry Mildmay , Christ . Abdy , Nich. Raynton , Richard Cheney , Tho. Bide , Charles Pitfield , Abraham Scudamore , Charles Pickerne , in all 12. Cl. Cryer make Proclamation . Cryer . If any man can inform , &c. Cl. John Jones hold up thy hand . Look upon the Prisoner , &c. Mr. Soll. Gen. My Lords and Gentlemen of the Jury , I must open to you as to other Juries , that the short Point of this long Indictment is but this , That the Prisoner at the Bar did Imagine and Compass the death of the King , which is your Issue to Try. We shall prove it by those overt acts which the Law doth require . To prove the Sitting , Sentencing and Signing the Warrant for Execution , by the Prisoner at the Bar. Coun. Call Mr. Clark and Mr. Carr , and Holl. Symson , who were sworn . Mr. Symson did you see the Prisoner at the Bar sitting in that which they called the High Court of Justice ? Sym. I did see Mr. Jones sit divers times both there and in the Painted Chamber . Jones . I do confess I sate divers times . Coun. Did he sit the day of Sentence ? Sym. I cannot say it . Coun. Mr. Clark you hear the question ; Pray answer my Lord. Clark. My Lords and Gentlemen of the Jury , I was there the 27. of Jan. 1648 , I saw Coll. Jones there several days before ; but I did not see him that day ; his name was called , but I do not know whether he was present . Coun. Mr. Carr did you see him sit on the 27th . day , which was the day of Sentence ? Carr. My Lords he answered to his name some days , I am not able to tell what day . Mr. Nutley Sworn . Coun. Can you tell whether the Prisoner at the Bar was present in that which they called the High Court of Justice . Nutley . The Prisoner at the Bar was several times in the Court which was called the High Court of Justice ; truly I cannot say whether he was there the 27th day , the day of the Sentence . The Warrant for Summoning that Court being shewed . Coun. Is that Mr. Jones's Hand ( the Prisoner at the Bar ) set to that Warrant ? Nut. I have been acquainted with his Hand , I do believe it is . The Warrant for Execution was also shewed . Coun. Is that the same Hand-writing ? Nut. Yes I believe it is ; he hath written several Letters to me . Mr. Hartlib Sworn . Court. Mr. Hartlib , do you know Mr. Jones's Hand ? Har. I never did see him write ; but I have seen several Letters out of Ireland , and other Papers which have been supposed to be his Hand-writing : This seems to be like that which was reputed to be his Hand . Coun. Mr. Clark do you know Mr. Jones's Hand-writing ? Cl. I have seen several Letters of Col. Jones , and these are like his Hand-writing ; I do believe they are his Hand-writing . Mr. Jones looks upon them both , and confesses they are like his hand-writing . Coun. We have given our Evidence : What do you say for your self before Charge be given to the Jury ? Jones . I have little to say , your Lordships have already heard what is to be said in this Case ; I have nothing to say to the point ; I am not fit to plead any thing , especially in matter of Law : I must wholly put my self upon the Lord , and this Honourable Court and Jury . Lo. Ch. Bar. Gentlemen of the Jury , here is this Prisoner John Jones stands Indicted , for that he with others did Compass and Imagine the Kings death , that is the substance of the Indictment ; The Indictment sets forth several Acts , each proving the Compassing and Imagining the Kings death : One of them is , that he did consult and meet together , and propound how the King should be put to death : The second is , they did assume a power to Judge the King The third is , that they did actually sit upon him ; And the last of them is , that they sentenced the King , and afterwards the King was murthered . The whole substance is , whether he did Compass and Imagine the Kings death . If any one of these particulars that are alledged for the overt acts be proved , you are to find the Indictment . He hath confessed very Ingenuously , that he did sit upon the King , that he did sit in that Court , and so there is an overt act proved , if nothing else you ought to find him guilty of this Treason . There is further Evidence ( though not any Evidence of his sitting the last day of the Sentence ) you have had three comparing similitudes of hands to prove that he did sign that Sentence , that horrid Instrument whereby the King was ordered to be put to death , one of them having received Letters from Ireland , and others acquainted with his hand , say that it is like his hand ; he hath so confessed the likeness of his hand , but he saith he doth not remember he signed it . As to you of the Jury there is no more to be considered , if any one of the acts do appear true to you , that is sufficient to find him guilty , ( though he were not guilty of all ) but that he did Compass and Imagine the Kings death is clear , in sitting , and signing the Warrant ; for the other , whether you shall find that he did sentence the King , that must be left to you . Whatsoever it is still it is the same , if any one be proved , you ought to find him guilty of the Indictment , which is the Compassing and Imagining the Kings death . I think you need not stir , from the Bar ; for he hath confessed it . The Jury went together , and after a little Consultation returned to their places . Clerk. Are you agreed of your Verdict ? Jury . Yes . Cl. Who shall say for you ? Jury . Our Foreman . Cl. John Jones hold up thy hand . Look upon the Prisoner at the Bar. How say ye , is he guilty , &c. Foreman . Guilty . Cl. Look to him Keeper . Cl. You say the Prisoner at the Bar is guilty , &c. and so you say all . Jury . Yes . Cl. Set all that have been tryed this day to the Bar. Lord Ch. Bar. Mr. Scot I must speak a word to you ; you made mention of the Kings Proclamation for pardon , and you did desire the benefit of it . As I told you before , so now again , That it was not proper for us upon that Proclamation to give any allowance by way of Plea , because the Pardon ought to be under the Broad Seal , but God forbid but just and due Consideration should be had of it with honour , so far as you are comprehended within it : Though Judgment shall pass , no Warrant for Execution shall go out against you , till consideration be had how far you are within the Compass of that Proclamation ; and the like to you Mr. Scroop . Clerk. Adrian Scroop , Hold up thy hand . Thou hast been Indicted of High Treason , and hast thereof been found guilty : What canst thou say for thy self why Judgement should not pass for thee to dye according to Law ? Scroop . I do humbly submit to his Majesties mercy . Cl. John Carew , Hold up thy hand . Thou art in the like Condition with the former , what canst thou say , &c. Carew . I commit my cause unto the Lord. Cl. Thomas Scot , Hold up thy hand , thou art in the like Condition with the former , what canst thou say , &c. Scot. I shall only say , I do only cast my self upon his Majesty and pray mercy . Cl. John Jones , Hold up thy hand , thou art in the like Condition with the former , what hast thou to say , &c. Jones . I pray his Majesties Clemency . Cl. Gregory Clement hold up thy hand ; Thou standest Indicted of High Treason ; and thereunto hast pleaded guilty ; What canst thou say , &c. Clem. I pray mercy from the King. Lo. Ch. Bar. You that are Prisoners at the Bar : Ye see the Sentence of death is now to pass against you ; and for ought you know , or we know yet , may be nearer than you are aware : How soon it will be executed we know not ; when you have reflected upon your own consciences , many of you could not chuse but look there and see as in a glass ; the foulness of this horrid Offence : It is the Murther of our most gracious Soveraign King Charles the First of blessed memory ; a Prince whom we ( such of us as had the honour personally to attend him ) knew , was of such parts and vertues , if he had been a private man more could not have been desired ; truly what he did as a King , his Clemency ; how it appeared at first in this Princes time : If you look what Peace and Prosperity we enjoyned in his days , we will not find it in other Kings times ; You had not a Noble-man put to death save one , and that for an Offence which must not be named : A Prince that had granted so much : You may remember what was granted before the beginning of these Wars : Grievances complained of , Star-Chamber , High Commission Court ; Ship money ; The Claim of Stannery , &c. All these were taken away : What Concessions he made after in the Isle of Wight ; how much he wooed and courted the people for Peace . I urge this unto you only that you would lay it to your hearts , that you would consider what it is to Kill a King , and to kill such a King. If any of you shall say , That we had no hand in the actual Murther of the King , remember that they that brought him to the Bar , were all one as if they had brought him to the Block , as St. Paul confessed , though he held but the Clothes , he killed the Martyr Stephen . You are shortly to appear before Gods Tribunal , and I beseech God Almighty that he will give you , and us all , those hearts , that we may look into our selves ; No fig-leaves will serve the turn ; whatsoever you have said now as Prisoners , or allowed to say for your own preservation in point of Fact , Notwithstanding it will not serve before God Almighty : All things are naked before him . Lay it to your hearts : God Almighty though you have committed these foul and horrid sins , yet he can pardon you , as he pardoned that murther of David : I speak it to you , that you may lay it to your hearts ; I am heartily sorry in respect you are Persons of great Civility ▪ and ( those that I know ) of very good parts ; and this I must say , That you will consider with your selves , if any of you have been led away , though it were with his own conscience ; if any of you did it as you conceived in conscience , remember that our Saviour saith , The time shall come when they will persecute you and kill you , and think they do God good service . I have the Judgment of Charity , possibly some of you did it in this kind , and this is less than doing it wilfully ; others might do it by a mis guided Conscience ; there is a spiritual pride , men may over-run themselves by their own holiness , and they may go by pretended Revelations : Men may say I have prayed about such a thing , I do not speak it with reproach to any ; If a man that should commit a Robbery or Murther , meerly because he will , and should come and say , I have prayed against it , and cannot understand it to be a sin , as one in Shropshire did , and yet notwithstanding killed his own Father and Mother ; try your own spirits , you must not think that every Fancy and Imagaination is conscience ; Men may have a strange fancy and presumption , and that they may call conscience : Take heed , there is a spiritual pride ; the Devil doth many times appear like an Angel of light , do not rest upon that self-confidence : Examine your hearts , consider the Fact by the word of God ; That is the rule , the Law is to be applyed to it ; Eccles . 8. Where the word of a King is , there is power ; and who can say unto him , What dost thou ? that is to shew the power of Kings in Scripture : Remember withal that of David in Psalm 51. that penitential Psalm , when he had committed that horrid sin against Vriah ; Remember what he said being a K. Tibi soli peccavi , Against thee only have I sinned ; Truly it being in such a Case , I speak it as before God almighty , according to my duty and conscience ; I wish most heartily as to your Persons : I pray God to give you that grace , that you may seriously consider it , and lay it to heart , and to have mercy upon you , and to forgive you ; And this is all that I have to say ; and now not I , but the Sentence of the Law , the Judgment which I have to give against you is this , You Prisoners at the Bar , the Judgement of the Court is , and the Court doth award , that you be led back , &c. And the Lord have mercy on your Souls . Clerk. Cryer make Proclamation . Cryer . O Yes , &c. All manner of Person , &c. Jurors and Witnesses to appear to morrow morning at seven of the Clock at this place ; So God save his Majesty . Session-House Old-Bayly , Octo. 1● . 1660. The Courts being Assembled , Proclamation was made . Clerk of the Court. Set Cook , Peters , Hacker and Axtel , to the Bar : They being brought the Keeper was afterwards ordered to take back all except M. Cook. Cl. John Cook hold up thy hand , &c. Jury Sir. J. Whitchcot , James Hawley , Jo. Nichol of Henden , Tho. Nichol , F. Thorn , Edw. Wilford , Wil. Gumbleton , Jo. Shelbury , Tho. Jenney , Tho. Willet , Sir H. Wroth , Rich. Cheney , of the Jury called and Sworn . Mr. Cook. May it please your Lordship , I do not know any of these Persons , I beseech your Lordship that in regard the safety of my life depends upon the indifferency of these Persons , that your Lordship may demand of the Sheriff to know whether he hath not heard them say , or any of them , that they are preingaged , I hope they are not , and thereupon I have not challenged any . Lo. Ch. Bar. Sir , the Officer reads their names out of his Papers , I suppose he doth not pick and chuse them ; I would not have him , and I am sure he will not do you any wrong in that particular . Cook. My Lord I am satisfied . Cl. If any man can inform , &c. Cl. J. Cook hold up thy hand . Cook. My Lords , I desire Pen , Ink , and Paper . Lo. Ch. Bar. Give it him . Cl. J. C. Hold up thy hand . You that are sworn look upon the Prisoner : You shall understand , &c. ( Here the Indictment was read as before . ) Mr. Soll Gen. May it please your Lordships , and you Gentlemen that are sworn of this Jury , the Prisoner at the Bar stands Indicted for High Treason for Compassing and Imagining the death of the late K. of Blessed Memory : The indictment sets forth , That he , together with others , did assemble at Westminster Hall , and sets forth many other particulars of sitting , sentencing , and of the consequent Death and Murther of the King. The matter and charge of the Indictment is for Compassing and Imagining the Death of the King , the rest of the Circumstances of the Indictment are but alledged as overt acts to prove the Imagination , which only is the Treason . This Prisoner at the Bar stands here Indicted for this Treason of Compassing and imagining the late Kings Death . My Lord , his part and portion in this matter will be different from those that have been tryed before you , they sat as Judges to sentence the King , and he , my Lord , stood as a wicked Instrument of that matter at the Bar , and there he doth with his own hand subscribe and exhibite a charge of High Treason , a scandalous Libel against our Soveraign to that pretended Court to be read against him as an accusasion in the name of all the people of England ; when he had done that , he makes large discourses and aggravations to prove ( if it had been possible ) innocency it self to be Treason : When he had done , he would not suffer his Majesty to speak in his defence , but still took him up , and said , that he did spin out delays , and desired that the charge might be taken as if he had confessed it : He pressed the Court that Judgment might be given against the King ; he was the man that did demand that wicked Judgment before the Court pronounced it ; and he was the man that did against his own Conscience , after he had acknowledged that he was a wise and gracious King , yet says he , That he must dye and Monarchy with him , there in truth was the Treason and the cause of that fatal blow that fell upon the King. This was his part to carry on ; how he did it as a wicked Counsellor we shall prove to you , and the wages and reward of the Iniquity that he did receive . James Nutley Sworn . Councel . Pray tell the Circumstances of the Prisoners Proceedings at Westminster Hall , when he did exhibite a Charge against the King. Mr. Nutley . My Lords , the first day of bringing his Majesty to his Tryal , was Saturday , Jan. 20. 1648. Before they sate in publick , they that were of the Committee of that which they called the High Court of Justice , did meet in the Painted Chamber , which was in the forenoon of that day . Being there I did observe that there was one Price a Scrivener that was writing of a Charge ; I stood at a great distance and saw him write , and I saw this Gentleman the Prisoner at the Bar near thereabouts where it was writing , I think it was at the Court of Wards . This charge afterwards ( a Parchment writing ) I did see in the hands of this Gentleman the Prisoner at the Bar. A very little after that they called their names they did adjourn from the Painted Chamber into Westminster Hall , the great Hall. The Method that they observed , the first thing was to call the Commissioners by name in the Act ; the pretended Act for trying the King was read ; that is , when the Court was sat , the Commissioners were called by their names , and as I remember they stood up as their names were called : The next thing was reading the Act for the trying of his late Majesty . After that was read , then this Gentleman , the Prisoner at the Bar presented the Parchment Writing , which was called the Impeachment or Charge against his Majesty : Mr. Bradshaw was then President of that Court , and so called Lord President ; he commanded that the Prisoner should be sent for , saying , Serjeant Dendy send for your Prisoner ; thereupon the King was brought up as a Prisoner , and put within a Bar : And when the Court was silenced and settled , this Gentleman the Prisoner at the Bar did deliver the Charge , the Impeachment to the Court , and it was read : The King was demanded to plead to it presently . Here I should first tell you , that upon the Kings first coming in there was a kind of a Speech made by Mr. Bradshaw to the King in this manner , I ●hink I shall repeat the very words , Charles Stuart King of England , the Commons of England assembled in Parliament taking notice of the effusion of blood in the Land , which is fixed on you as the Author of it , and whereof you are guilty , have resolved to bring you to a tryal and Judgment , and for this cause this Tribunal is erected : There was little reverence given to his Majesty then , which I was troubled at : he added this further , That there was a charge to be exhibited against him by the Solicitor General ; I think this Gentleman was so called at that time , and he called to him to exhibit the Charge ; and this Gentleman , ( the Prisoner at the Bar ) did deliver an Impeachment , a Parchment writing , which was called a Charge against the King at that time , which was received and read against him . Coun. Did you ever see the Charge ( which was now shewn to Mr. Nutley ? ) Mr. Nut. My Lords I do believe that this is the very Charge , I am confident it is the same writing ; I have often seen him write , and by the Character of his hand this is the same . Council . Go on with your story . Mr. Nut. My Lords immediately upon the delivery of this Charge of Impeachment which was delivered in the Kings presence , after it was read the King was demanded to give an answer to it , His Majesty desired to speak something before he did answer to the pretended Impeachment ( for so his Majesty was pleased to call it ) He did use words to this purpose , saith he , I do wonder for what cause you do convene me here before you : he looked about him , saith he , I see no Lords here , where are the Lords ? upon this Mr. Bradshaw the President ▪ for so he was called , did interrupt his Majesty , and told him , Sir , saith he , you must attend the business of the Court ; to that purpose you are brought hither , and you must give a positive answer to the Charge : saith the King , you will hear me to speak , I have something to say before I answer : after much ado , he was permitted to go on in the discourse he was in , so far as they pleased . His Majesty said , I was in , the Isle of Wight , and there I was treated with by divers honourable persons , Lords and Commons , a treaty of peace between me and my people , the treaty was so far proceeded in that it was near a perfection : truly ( saith he ) I must needs say , they treated with me honourably , and uprightly ; and when the business was come almost to an end , then ( saith he ) was I hurried away from them hither , I know not by what Authority , now I desire to know by what Authority I was called to this place : that is the first question I shall ask you before I answer the charge . It was told him by Mr. Bradshaw the President ; that the Authority that called him hither was a lawful Authority : he asked him what Authority it was , the second time ▪ it was answered him by the President , that it was the Authority of the Commons of England assembled in Parliament , which he affirmed then to be the Supream Authority of this Nation : the King said , I do not acknowledge its Authority : Authority if taken in the best sense , it must be of necessity understood to be lawful ; therefore I cannot assent to that : I am under a Power , but not under an Authority : and there are many unlawful Powers : a Power that is on the high way , I think I am under a Power , but not under an Authority , you cannot judge me by the Laws of the land , nor the meanest Subject . I wonder you will take the boldness to impeach me your lawful King. To this purpose his Majesty was pleased to express himself at that time , with more words to that purpose . The King went on to further discourse concerning the Jurisdiction of the Court. Bradshaw the President was pleased to interrupt him , and told him several times , that he trifled out the Courts time , and they ought not to indure to have their Jurisdiction so much as questioned . Court. Pray go on . Mr. Nutly . This Gentleman at the Bar , I did hear him demand the Kings answer several times : a positive answer was required of the King : the K. often desired to be heard , and he interrupted him again and again , several times ; and at length it was pray'd that the charge that was exhibited against him might be taken pro confesso . Court. By whom ? Nutly . By the Prisoner at the Bar , if so be that he would not answer . This my Lord is the substance of what I have to say against him . Council . Mr. Nutly , pray , what discourse have you had at any time , with the Prisoner at the Bar , concerning this impeachment ? Nutly . Truly my Lord , I knew the Gentleman well , I was well acquainted with him , and for the satisfaction of my own conscience ( for I was very tender in the business , and sorry he was ingaged in it ▪ ) I went to him and did desire him to desist ; I had discourse with him ( for I was then a young Student ; in the Temple , and had a little knowledge in the Laws : ) I desired him to consider the dangerous consequences of such a proceeding ; I may say I did it with tears in my eyes , for I had a very good respect to the Gentleman for his profession sake , being learned therein : truly my Lord he did answer me thus , I acknowlegde it is a very base business , but they put it upon me , I cannot avoid it , you see they put it upon me . I had some discourse with him concerning the oath of Allegiance : truly he was satisfied that this oath was against the business in question ; I saw he was troubled at it . Council . Can ye speak of the manner of calling for Judgement against the King ? Nutly . That ( I have already answered to it ) was several times done ; the King was brought several times to the Bar , and at every time he was brought , he was pressed to answer whether Guilty , or Not guilty . Court. By whom ? Nutly . By the Sollicitor , then , the Prisoner now at the Bar. My Lord , I remember his Majesty was pleased , when he saw he could not be heard to the discourse that he did intend to make of the whole business ; saith the King , if you will needs press me to an answer , I must demur to your Jurisdiction : my Lord , the answer that was given to that was this , Mr. Bradshaw there then President did say , Sir , saith he , if you demur to the Jurisdiction of this Court , I must let you know that the Court doth over-rule your demurrer ; this was said my Lord , and Judgement was pressed very often . Court. By whom ? Nutly . By the prisoner at the Bar. Cook. My Lord , may I ask him a question ? Court. Yes . Cook. The first question is , whether the Parchment was delivered by me unto the Court , or brought into the Court by Mr. Broughton , the Clerk. Mr. Nutly . I do encline to believe ( my Lord ) That it was brought into the Court , and delivered by some hand or other , to the Prisoner at the Bar , I do beleive it was , for I do remember it was written by one Price ; I was told that was his name : that may be true , I believe it was brought into the Court and delivered to the Prisoner now at the Bar. Council . But did he exhibit it ? Nutly . Yes my Lords . Cook. Did you see me set my hand to that Parchment ? N. No my Lords , but I believe it to be his hand . Cook. Another Question , whether Mr. Nutly did hear me say concerning the opinions of those Gentlemen , what they intended to do in that business ? Nut. My Lords I do remember that I had often conference with the Gentleman at the Bar. I desired him to desist from the business , considering the dangerous consequences of it : truly my Lord , I do well remember that he did say he did hope they did not intend to take away the Kings life : said I , if they go about any such thing , do you use your utmost endeavour to preserve his life : saith he , I did labour to that purpose , but they tell me , they only intend to bring him to submit to the Parliament . Cook. It is said that I demanded Judgement of his life , Mr. Nutly , I demand of you , whether I used the words of Judgement against his life , but only I demanded their Judgement . Nut. My Lords , for that , I cannot remember possibly to a syllable , but Judgement was demanded . Court. By whom ? N. By this person . Cook. I said the judgment of the Court , not against him , I meant judgement for his acquital . Court. Did you ever hear him desire the Court that the Charge might be taken pro confesso ? N. That I have said my Lord , it was urged by the Prisoner at the Bar against his Majesty , That if he would not plead to the Charge , that then the matter charged in it might be taken pro confesso . But my Lord , if you please to give me leave to add this one word more , my Lord , I did hear him say at that time ; he shewed me a paper that contained an order of the Court that did direct the very words that he should use when he came to deliver the Charge , whether those words were in the order I do not know . Cook. Whether was I not directed by those Gentlemen the very words I should speak ? Court. We are satisfied in that ; he saith by an order , that you shewed him , you were so directed . If you have any thing more , ask it him . Mr. Farrington sworn . Mr. Sol. Gen. Pray tell my Lords and the Jury , what was the carriage of the Prisoner at the Bar , at Westminster , at the place they called the High Court of Justice . Farringt . My Lord , I was present about the 20th of Jan. 1648. at that which they called the High Court of Justice , and Mr. Bradshaw sat then as President , so much as I remember concerning the Prisoner at the Bar , I shall acquaint your Lorship . This Gentleman at the Bar , after the reading of the Commission , and directions by the President , to bring his Majesty ( the prisoner they called him ) to the Bar ; the King being brought , after silence made , and some speeches made by the President , this Gentleman the Prisoner at the Bar , having then a Parchment in his hand , the substance of it was for levying War against the Kingdom , he prayed that it might be read and accepted as a Charge in behalf of the good people of England . It was accordingly read , and afterwards being demanded to answer , after his Majesty having given several reasons as to the Jurisdiction of the Court , four days , every day the Prisoner at the Bar demanded the judgement of the Court. And if his Majesty would not answer to the charge , it might be taken pro confesso . Coun. Do you know his hand if you see it ? Farring . I have not seen his hand a long time : Then the Impeachment was shewn to the witness . Far. Truly Sir , this is like his hand . Coun. Do you believe it ? Far. It is very like it , I do not know positively . Coun. Did you hear the words pro confesso ? Far. Yes my Lord , several times after the first day . Coun. Did he interrupt the King in his discourse , as to say these words , that the Charge might be taken pro confesso ? Far. I do remember one day there was some interruption between the King and him , the King laying his Cane upon his shoulder desiring him to forbear . Cock. You cannot say that I interrupted his Majesty . Far. I remember that the King laid his Cane upon your shoulders . Cook. Whether did I the first , or the last day demand judgement , or that any thing might be taken pro confesso ? Far. The first day ? no , but after the first day he did several days , you did the last day . Griffith Bodurdo Esq ; sworn . Coun. Sir , you have heard the question , give an accompt to my Lords , and Gentlemen of the Jury , of the carriage of the Prisoner at the Bar towards his Majesty during the time of the Tryal . Mr. Bod. My Lord , I was all the time that the King was brought there before the Court , as a Prisoner , I was present all the day , having a conveniency out of my house into a Gallery , that was some part of it over that Court. I do remember that the Prisoner at the Bar ( whom I never saw before that time ) did exhibit a charge the first day against the Prisoner at the Bar , which was the King , in these very terms , The Prisoner at the Bar : the charge I heard it read , then ; I have not seen it since ; the substance was this . That for levying war against the Parliament and people of England , and namely at such and such a place killing of the people of England ( I think Naseby and Keinton field was named in it , and divers other places were named in the Charge , ) and the Conclusion was that he had done those things as a Tyrant , Traitor , Murtherer , and a publick and implacable enemy of the Commonwealth . But this Prisoner at the Bar did exhibit the Charge , and the King did then , as you have heard he did , plead to the Jurisdiction of the Court. The King would fain have been heard , but I think they did adjourn for that time . The next day he pleaded the same thing , I remember the answer that was several times given ; twice given by Bradshaw to the King : thus , that the Court did assert their own Jurisdiction , The second and third day , I do not remember any day after the first , but that the prisoner at the Bar did demand judgement for the Kings not pleading , and did several times make complaints to the Court of the Kings delays , that he intended delays and nothing else . Cook. Pray my Lord , one Question , whether my Lord , before he heard me speak of demanding judgement against the King , whether he did not hear Mr. Bradshaw several times say that the Court owned their Authority , and that the matter would be taken pro confesso ? Mr. Bodurdo . I did hear the Prisoner at the Bar desire of the Court , that it might be so ; and I heard the Prisoner tell the King that it must be so . Joseph Herne sworn . Coun. Mr. Herne , tell my Lords , what you know of the prisoners carriage at the High Court of Justice , as they called it . Mr. Herne . Upon Saturday the 20th of Jan. 1648. it was the first day His Majesty was convened before them . I could not come near the Court ; only I saw him at a distance , I heard nothing , but the acclamations of the people crying out , God save your Majesty : what was done in the Court I know nothing of . On Munday I was there , and had a conveniency to see and hear what was acted ; and so His Majesty being come to the Seat appointed for him , the prisoner at the Bar being called upon by the then President Bra. he demanded of him what he had to ask of the Court. He was then talking with Dorislaus , and semeed not to mind the business of the Court. His Majesty sitting near , takes his stick and thrusts the Prisoner at the Bar upon his shoulder ; and the Prisoner looking back with a great deal of indignation turned about . I did hear Bradshaw speaking to him in these words , Mr. Sol. have you any thing to demand of the Court ? whereupon the prisoner at the Bar did use these or the like words ? May it please your Lordships , I have formerly in the name of the Commons assembled in Parliament and the good people of England exhibited a Charge of High Treason and other high crimes against Charles Stuart the prisoner at the Bar , flinging his head back in this manner to him . He had there further to require of the Court that he might be demanded to make positive answer , by confession or denial ; if not , that the Court would take it pro confesso , and proceed according to Justice : this was on the first day I was in the Court. The President Bradshaw told , His Majesty , that he heard what was craved in the name of the Commons assembled in Parliament and the good people of England against him by the now Prisoner at the Bar. The King stood up , but Bradshaw prevented him in what he had to say , telling of him that the Court had given him time to that day to know when he would plead to the Charge . His Majesty proceeded to object against the Jurisdiction , and said he did demur to the Jurisdiction of the Court ; upon which the President answered him , If you demur to the Jurisdiction of the Court , you must know that the Court hath over-ruled your demurrer , and you must plead to your Charge , guilty or not guilty : upon that the King asked their authority , and desired he might give reasons against it ; he was denyed it by the President , the President at last was content to tell him , that though he was not satisfied with their authority , they were , and he must : but to satisfie him , he told him in short , they sat there by the supream authority of the Nation , the Commons assembled in Parliament , by whom his Anceston ever were , and to whom he was accomptable ; then the King stood up , by your favour shew me one President . Bradshaw 〈◊〉 down in an angry manner , Sir , saith he , we sit not here to answer your Questions , plead to your Charge guilty or not guilty : Clerk do your duty ; whereupon Broughton stood up and asked what he had to say , whether guilty or not guilty : and President Bradshaw said that if he would not plead , they must record his contempt . His Majesty turned about to the people , and said , then remember that the King of England suffers being not permitted to give his reasons for the liberty of the people : with that a great shout came from the people , crying , God save the King : but there was an awe upon them , that they could not express themselves as they would have done I believe . Coun. What did Cook say to the Judgement , did you hear him press for Judgement ? Mr. H. Yes , I heard these words from the Prisoner at the Bar , That if the K. would not plead , his Charge might be taken , 〈◊〉 Conf. and that the Court might proceed according to Justice . Cook. One question more , whether he often heard me speak those words , that it might be taken pro Confesso , and to proceed according to Justice . Mr. Hern. You desired he might be held to his Plea , confession or denial , that he might not be suffered to use any words to the Jurisdiction of the Court. Cook. Whether he heard the Charge read . Hern. I did not hear the Charge read , I was not there the first day . I heard you confess you had exhibited a Charge of high Treason against the Prisoner at the Bar , which was then the King's Majestie . Cook. Whether I did not in the Charge conclude , that all proceedings might be according to Justice . Court. Read the Title and last Article of that Charge , which was accordingly read , and follows in haec verba . The Title of the Charge . The Charge of the Commons of England against Charles Sewart KING of England , of High Treason , and other Crimes exhibited to the High Court of Justice . The last Clause in the Charge . And the said Iohn Cook by protestation ( saving on the behalf of the people of Eng. the liberty of exhibiting at any time hereafter any other Charge against the said Char. Stew. and also of replying to the answers which the said Char. Stew. shall make to the premisses , or any of them , or any other charge that shall be so exhibited ) doth for the said Treasons and Crimes on the behalf of the said people of England impeach the said Charles Stewart as a Tyrant , Traytor , Murderer , publick and implacable enemy to the Commonwealth of England , and prayeth that the said Charles Stewart King of England may be put to answer all and every the premisses , that such proceedings , examinations , tryals , sentences and judgement , may be hereupon had as shall be agreeable to Justice . Court. Mr. Cook ▪ will you have any Witnesses examined touching the question you last asked ? Cook. No , be pleased to go on . Mr. Baker Sworn . Mr. Bak. My Lords and Gentlemen of the Jury , I was at the High Court of Justice , as they called it , the first , second and third daies , not to trouble you with the proceedings of of Bradshaw , I will tell you what I observed of this Gentleman , I have the notes that I took there , and pray that I may read them to help my memory , which was granted , and then proceeded in this manner , That day my Lord , Mr. Cook told the Court that he charged the Prisoner at the Bar ( meaning the KING ) with Treason and high misdemeanors , and desired that the Charge might be read : the Charge was this , That he had upheld a Tyrannical Government , &c. and for that cause was adjudged to be a Tyrant , &c. and did then press that the prisoner might give an answer to that : and that very earnestly . The second day , my Lord , he told the Court that he did the last day exhibit a Charged High Treason against the Prisoner at the Bar , ( meaning the King ) and that he did desire he might make answer to it , and he told them also , that instead of making an answer to the Court , the King had delayed the Court , but desired the K. might make a positive answer , or otherwise that it might be taken pro confesso . The third day my Lord he came and told the Court as before , that the King had delayed then , and then he charged him with the Highest Treasons , and Crimes that ever were acted upon the Theatre of England , and then pressed that Judgement might be given against him ; and another expression was , that it was not so much He , but the Innocent and precious bloud that was shed , that did crie for Judgment against the Prisoner at the Bar this my Lord , in substance ; there were other passages . Cook. Whether before this time he had not heard some thing of an Act or Order proclaimed at Westminster , whether there was any other word in effect used in that charge more than in the Proclamation ? Mr. Baker . I did hear of the Proclamation and Charge and the substance of it , I have given an accompt of it , and I did hear you press upon it very much : the Proclamation , I heard of it that it was made forthe summoning of the Court , but I did not hear the Proclamation made . Cook. That that was called the Act of the Commons for Trying of the King ? Mr. Baker . I did hear of the Act , but did not take notice of it . Mr. George Masterson Sworn . Counc . Mr. Masterson , pray inform my Lords and the Jury what you know touching the carriage of the Prisoner at the Bar , at the Tryal of his late Majesty . Mr. Masterson . My Lords , and you Gentlemen of the Jury , I was present in that they called the High Court of Justice upon the 22 , 23. and 27. days of January , in the year 1648. I shall wave those circumstances which you have heard , and many of which I well remember , and what I heard likewise between the King , who was then a Prisoner , and the then President Bradshaw ; but concerning the Prisoner at the Bar , this I very well remember , that upon Munday I heard him say he had exhibited a Charge of High Treason against the Prisoner ( then the King ) and demanded how that he might plead to his charge , I do very well remember that after some passages between the King and the Court , the Prisoner at the Bar desired the King might plead to his Charge , or else it might be taken pro Confesso : I remember upon the last day , the day of that fatal Sentence , I heard the Prisoner at the Bar demand in the name of the Commons assembled in Parliament , and all the good people of England , Judgement upon the Prisoner at the Bar , pointing to the King ; this is all . Mr. Burden sworn . Councel . Do you know who did examine the witnesses against the King , and were you examined , and by whom ? Burden . By Judge Cook , for so he was called in Ireland . Councel . Did he examine you as a witness against the King , did he give you an Oath ? Burden . Yes , my Lord , and many others . Cook. This is a new thing , I never heard of this before , where was it that I examined him ? I had no power . Council . No , we know that , but you were active . Court. Where was it ? Cook. Whether there were not any others with me in the Room , and where it was ? Burden . It was at Westminster-hall within the High Court of Justice . Cook. Who was there besides me ? Burden . I cannot tell , Axtel he was there , and I am sure Cook was there . Councel . Mr. Burden , Pray tell my L. & the Jury what questions you were examined upon , and what they tended to . Burden . He examined me and gave me my Oath , there was eight or nine of us , we had been in the Kings Army in former times , this Gentleman ( Col. Axtel brought us in , commanded us out of our Company , I was in his Company , and this Gentleman ) himself gave us our Oaths , he asked us where we saw the King in action , I did reply to him , and told him I saw him in the Field with his Army ; he asked me many other questions that I could not tell him , he asked me , whether I did see the King at Nottingham set up his Standard , and I was never at Nottingham in my life , these were the questions . Mr. Starkey Sworn . Court. Pray inform my Lords and Gentlemen of the Jury what passed between you and the Prisoner at the Bar , concerning the Trial of his late Majesty . Mr. Starkey . My Lords , this Gentleman now Prisoner , and my self have been acquainted a great while , being of the same Society of Grayes-Inne , and truly my Lord , I confess I owe all my knowledge in the Laws to that Gentleman : when 〈◊〉 came first he was accused for debt , and was pleased to do me , and several other Gentlemen now and then the favour to reason the Law with us , and assist us in the beginning of the long Parliament , that is , to give you an accompt of his being indebted , he did desire I would do my endeavour to get his Protection . Near the time of the Kings Trial there was a Gentleman with my self , one Samuel Palmer of Grays-Inne , which frequented his Company , had several nights the opportunity of understanding the affairs at Westmin . and truly he himself did seem to us to count that a very ridiculous Council . I remember what he said one night , I think they are all mad , which was within two or three days before the Kings tryal , and instanced how a Fellow cryed out to the Lord Fairfax , that if he did not consent to the proceedings , he would kill Christ and him . After that I did not think he did go to this Council for imployment , but out of curiosity : when the King came to Tryal , we heard that Mr. Cook was the person that was Solicitor , and Acted that part that you have heard of , and that during that Tryal , whether the second or third day , I cannot say that certainly , Mr. Cook came to Grays-Inne that evening about Ten or Eleven of the clock at might , only upon some particular occasion as he said , I being walking in the Court in the walk before my Chamber with another Gentleman , I did see him pass out of a house to go back again , I thought it was he , called after him , Mr. Cook said I , upon that he turned back and met me , I took him by the hand , said I , I hear you are up to the ears in this business , no saith he , I am serving the people ; truly said I , I believe there is a thousand to one will not give you thanks ; said I , I hear you charge the King for the levying war against the Parliament , how can you rationally do this , when you have pulled out the Parliament to make way to his Trial ? he answered me , you will see strange things , and you must wait upon God. I did ask him , but first he said this of himself , said he , he was as gracious and wise a Prince as any was in the world , which made me reflect upon him again , and asked how he could press those things as I have heard ? what answer he made to that , I cannot tell , I did by the way inquire what he thought concerning the King , whether he must suffer or no , he told me he must die , and Monarchy must die with him . Cook. Whether was this after or before the Sentence ? Mr. Starkey . It was before the Sentence , for it was either the second or third Trial , or rather in some interim of time before the Sentence , for there was an adjournment for a day or two , but I am sure it was before the Sentence . Court. Mr. Cook , they have concluded their Evidence , plead for your self what you think fitting . Cook. My Lord , I have been a Prisoner three months , I humbly desire to acknowledge his Majesties and his Councils favour that I was not put into a Jeremy's Prison , but in the Tower and not in Irons : I give your Lordships humble thanks for that , and truly considering the nature of the Charge , had it been in some other Kingdom , they would have served us as Iohn Baptist in prison , I thank you that I have a fair Trial with the Judges of the Law , who are upon their Oaths to do equal right and justice between our Soveraign Lord the King , and every Prisoner concerning matters of life and death , and likewise those Noble Lords that though they are not put upon their Oaths but upon their honour , if they know any Law to preserve my life , I trust they will rather save than destroy . My Lords , I do therefore say as Paul said , my plea is much of that nature , against the Law , and against Caesar , I hope I have not offended at all , and so I have pleaded not guilty . The learned Council have examined several witnesses against me ; and I humbly conceive that the matter will rest in a very narrow compass : the substance of the Charge ( so far as my memory will serve ) doth rest in these three things , the other being but matter of form . That I with others should propound , consult , contrive and imagine the Death of the late King. Secondly , That to the perfecting , and bringing about this wicked and horrid conspiracy , that I with others did assume a Power , and Authority ( as I remember ) power I am sure , then to kill and murther the King : & thirdly , That there was a person unknown that did cut off the Kings head , and that we were abetting , aiding , assisting , countenancing , and procuring the person : ( or words to that effect ) against the form of the Statutes , and so forth . I h●ve twelve poor words to offer for my self in this business , wherein if I do not answer every thing that hath been particularly objected , I hope you will give me leave afterwards to offer it . First , I humbly propound this , that if it was not made appear to your Lordships that I did ever propound , consult ; advise , contrive , attempt , or any way plot , or counsel the death of His Majestie ; then I hope , I cannot be found guilty within the Statute . of 25. Edward the third , for the naked truth , Mr. Nutly hath in a great part spoke to , I was appointed upon the tenth of January 1648. for to give my advice concerning a Charge , there having been upon the ninth a Proclamation for the Trial , and upon the tenth Mr. Steel , Dr. Dorislaus , and Mr. Ask and my self were appointed , and ordered to be of Council to draw up a Charge ; Here I have the order attested by Mr. Jessop , and pray it may be read . Court. They do admit the thing , that you were so assigned . Cook. Then I humbly conceive that that cannot be said to be done maliciously , or advisedly , or with any wicked intention in me , which I was required and commanded to do ; Acting only within my Sphere and Element as a Counsellour & no otherwise . The next thing is this , my L. that by Law words will not amount unto Treason , we usually say , that words may declare an Heretick , but not a Traytor ; there were some Statutes formerly 1 Ed. 6. were words are made Treason , but they are all repealed by 1 Mariae , that nothing shall be Treason but what is expressed in 25 Ed. 3. this Objection will seem to lye , that these were words put in writing , and that I humbly conceive to be the greatest matter objected , to which I answer , 1. Whether there be any full , certain , clear proof that that is my hand to the Charge , I must leave to you ; two or three witnesses say they believe it , & that it is like my hand , that I leave to you , if that appear , yet ( My Lord ) that that is put in writing as done by another that is the Dictator , and does dictate unto me , I humbly conceive that for any man to write words , which in their own nature may be Treasonable , if he doth but write them by the command of another , by speaking them after another , taking them upon rebound , that is not Treason , because they do not discover a trayterous heart ; Those words of compassing the death of the King in the 25 Ed. 3. they are secret imaginations in the heart , and they must be manifest by some overtact ; that which was dictated ( my Lord ) unto me , that I had expresly prescribed me , what I should say , what words I should say . That I did not invent any thing of mine own head , of my own conceit , and therefore cannot properly be said to be malicious . The next thing that I crave leave to offer is this , that the pure and plain demanding and praying of Justice , though injustice be done upon it , cannot possibly be called Treason within the statute , then I hope nothing that has been said against me will amount to Treason : for the words in the natural , grammatical , plain , genuine and legal sence will bear no other construction , as I humbly conceive , but ( that whereas those Gentlemen had his Majestie then in their power a Prisoner ) that it was prayed by me , that they would do him justice ; I do hope , that it will appear that I did give Bonum & fidele Consilium . It will appear , I hope , that some would have had a very voluminous and long charge , that I was utterly against it , as conceiving that it was not fit and requisite , that any thing should be put in , at least I durst not invent one word my self but what was expressed in the Act for tryal , if your Lordships will not admit it an act , you will an Order , and so it will bear me forth , at least to excuse me from Treason , because I kept my self to the words , whereas in that it was said that they should proceed according to the merits of the cause , I was against that , that I did not understand that , but according to Justice , & that is but according to Law , because the Law is the rule of Justice . I do humbly hope ( my Lord ) that if by Law when words may be taken in a double sence , they shall always have the more favourable interpretation , much more when the words in the legal sence will bear it ; when it is prayed they will proceed according to justice , I hope it will not be inferred , there was any intention of doing injustice , when justice was required . And therefore ( my Lord ) the next word what I would offer is this , if my Lord , in all Tragedies which are , as we call them , judicially , or colourably , there are but these four Actors : Accusers , or , Witnesses , The Jury , Judges and Executioner . If I be none of these , I cannot be Guilty of Treason . I hope I may safely say according to Law , that I had not a hand at all in his Majesties death . My Lord , the Court and Councel , it is very true , they do aim at the same thing , the Councel Require●●● Justitiam , the other Exequendo Justitiam , the end being the same , to have Justice . If when justice be demanded , and injustice be done , what is that to the Councel ? we read to of John concerning Pilate . Knowest thou not ( speaking to Christ ) that I have power to crucifie thee , and have power to release thee ? My Lord , I humbly answer this to that which seems to be the most material part in the Indictment , that We did assume a Power , My Lords , I did not assume a power , I hope it will not be said that the Councel had any power , Eloquentia in the Councel , Judicium in the Judges , and Veritas in the Witnesses . 25. Acts. Tertullus , that eloquent Orator , accused Paul , Paul answered for himself , and it is said Festus being willing to do the Jews a courtesie , he left Paul bound , it was not the Councel that left him bound . His Majesty was never a Prisoner to me , and I never laid any hands upon him ; if any witnesses have spoke of any irreverence , I must appeal to God in that I did not in the least manner carry my self undutifully to his Majesty , though one of the Witnesses was pleased to say , that I said these words , that there is a Charge against the Prisoner at the Bar ; It was not said the Prisoner at the Bar , there was not one disrespective word from me . There is a Case in the third Institutes of the Lord Cook , it is to this purpose . That one wilfully and knowingly forswore himself , the Case was put to inveigle the Court , and though the Court does injustice upon a false Oath , it is not injustice at all in the Witness , it is Perjury in him ; if there can be no injustice in a Witness , much less a Counseller can be said to have his hand in the death of any , because he has no power at all ; this must needs follow , that if it shall be conceived to be Treason for a Counseller to plead against his Majesty , then it will be Felony to plead against any man that is condemned unjustly for Felony . The Counsellour is to make the best of his Clients cause , then to leave it to the Court ; it is said , I should demand judgement , I do not remember that , I leave it to you , but still to demand Justice . Counsellers they do ingage in business before they do rightly understand the true matter of the fact , it is part of a Serjeants Oath , that so soon as he does discover the falsity of the Cause , he should forsake the Cause . My Lord , by what Mr. Nutly hath said , it appears , and I have many Witnesses in the Countrey , three or four in Leicestershire , would have spoken full to this , that ( my Lord ) there was not before the Sentence of the King ( to the best of my knowledge ) a word spoken by any , that they did intend to put him to death ; I say , to my knowledge , and my Lord , when Judgement is demanded , is it not twofold , of Acquittal and Condemnation ? if those that then were entrusted with the power of Judicature , if they did not know any Law to proceed by to take away his Majesty , then I demanding their Judgement , it doth not appear to be my Judgement ; and I refer it to the learned Councel , that Councel many times at the Assises and other Courts have been sorry that the Verdict hath been given for their Clients , when they have known the right lay on the other side ; and so I might in this . The next thing I humbly offer , is that if in right reason considering the condition his Majesty was then in , the advising to draw up the Charge , was rather to be looked upon as a matter of service than disservice , then it cannot be called Treason it is very true my Lord , that a very small little Overt act will amount to a Treason , and my Lord , had this been in times of peace , and had His Majesty been no Prisoner , ( now he was under the power of an Army ) this had been great Treason ; but he being a Prisoner , not by my means , ( for I was no sword-man ) what can a man that knows himself innocent , being a Prisoner , desire more than a speedy Tryal ? so that making the Tryal more speedy cannot be said to be done trayterously . A Tryal doth follow imprisonment as naturally and necessarily as the shadow doth the body . If any man shall desire and be instrumental in bringing him to a Tryal which might acquit rather than condemn him , and so humbly pray proceedings according to Justice , this will have I hope a better name than Treason . I am much beholding to His Majesty and this honourable Parli . for the penning of the Act of Indempnity , which I hope my L. you will give me leave to take notice of . Court. Open as much as you will of it . Cook. My Lords , the words that I would make use of , are in the beginning , Treason , Murder and other Felonies that are spoken of , they are said to be counselled , commanded , acted or done ; in the preamble which is as the Key to open the mind and meaning of the Law-makers , it is said that all persons shall be pardoned for all , excepting such as shall be named , and in such manner as they shall be excepted , and then it comes , provided that this Act shall not extend to pardon such and such persons , and by name , I am one ; and it is said , all which persons for their execrable Treason in Sentencing to death , or signing the Instrument for the horrid murther , or being instrumental in taking away the precious life of our late Soveraign Lord Charles the First of glorious memory , are left to be proceeded against as Traytors to his late Majesty , according to the Laws of England , and are out of the said Act wholly excepted , and foreprized . There is not any thing offered against me upon the two 1st . great words , which are Sentencing and signing , that which I have to do to endeavour to clear my self is this being instrumental in taking away the life of his said Majesty , first I humbly offer this to the Juries consideration . That where the Parliament doth begin to fix the treasonable part , there I hope , and no otherwise this honourabe Court will fix it : if it had been the Intention that Counsellors , advisers , and such as spoke their minds sometimes in the business ( you know that was Epidemical ) many words were spoken which cannot be justified ; whether naturally it would not have followed , that all such persons for their counselling , advising or being instrumental , are left to be proceeded against as Traytors , I hope you will take that into consideration : concerning the words , or being instrumental , observe it is not said , or being any otherwaies instrumental , but Sentencing , signing or being instrumental , if therefore the word Instrumental be not of a general comprehensive nature , then all this evidence which hath been given in against me , being before the Sentencing and signing , will fall to the ground ; that this is the legal , genuine , and Grammatical sense , & cannot be any otherwise , than as particular , as if it were the Sentencer , signer , & Executioner , which if it had been so , nothing of the Evidence would have reached me . My argument is this , such a use is to be made of an Act of Parliament , that no word may be frustrate , and insignificant , but if this Interpretation shall be put upon it , sentencing , signing , or being any way instrumental , then the words , Sentencing , and Signing , need not have been , if Instrumental will carry the words Sentencing , and signing , then these words will carry no force atall , especially , my Lord , when there is no need of any retrospect at all , if it be so , I know not how far it may look back ; there is no necessity of putting any comprehensive generality upon this word instrumental , but that the plain natural sense will be this ; That those , that did sentence and Sign , and those that were instrumental in taking away his life , that is , those that did abet , and comfort that person unknown , or justifie , or countenance him , which is after the Sentencing , and not before in the legal sense . Next I conceive that a Councellor cannot be said to do any thing , vi & armis . It is said that by force and Arms I did abet , &c. it is Rhetorical to say that words may be as Swords , but legal it is not , unless there be something vi & armis , in the Grammatical sense , instrumental in taking away the Kings life , it is not said instrumental in order to take away the K. life , or instrumental in advising to take away the K. life , but instrumental in taking away the K. life . My Lord , The next thing is , that there cannot be any thing to be said to be done by me , first not falso , because in that sense it must have the operation of mendacity , that there must be a lie told in it , I did nothing but what I was required to do , to set down such and such words , I did not invent nor contrive them , I heard nothing of it till the tenth day of Jan. My Lord , for malitiose , that I did not any thing maliciously , I hope it will appear in this , what I then spoke , it was for my Fee , it may be called avaritia but not malitia , for the Law will imply a malice but when there is no other express ground or reason why the thing was done , but here was an express ground to speak for my Fee , I hope the Jury will take that into consideration . Then Secondly , I was not Judicial in the Case , I was not Magisterial as any Officer , but ministerial . As touching examining of witnesses , it is a great mistake , the Court had power to give an Oath ; I might be there ; but I had no power to give an Oath , but whether I might ask any question , I do not remember , but that I should give an Oath , that is a falsity ; then my Lord , for proditorie , I hope there is nothing at all that appears to the Jury : so that there was no malice nor trayterous intention in the thing . There are some matters of Law which I desire your Lordships will give me leave to speak to , and that your Lordships will be of Counsel with me . I would offer something concerning his Majesties gracious Declaration from Breda to the Parliament ( I was then in Ireland ) I did put in a Petition to the honourable Commissioners before any exception was , that I might have the benefit of that Declaration , I did lay hold of it . My Lords there are two things in that Declaration that I would offer . His Majesty saith that for the restoring of the Kings Peers and people of the Kingdom to their just rights and liberties , He will grant a free and general Pardon to all , excepting such as shall be by Parliament excepted , and within three or four lines after it is said a free Parliament , though I do not in the least question the Legality of this Parliament , yet my Lords to this particular purpose , whether the Parliament that was to except ought not to be a Parliament that was to be called accoring to his Majesties Writ , according to the Laws of the Kingdom , I humbly conceive it will bear that , though His Majesty is pleased to confirm this , yet it is not such a Parliament that was to except , that I offer to your Lordships . My Lords , that that I would humbly make hold to put for my self , because it is the priviledge of one in my condition , is this . There is my Lord , many Lords , the Earl of Essex , the Earl of Southampton , and others that were adjudged in the 44 of Eliz. 3. institutes , they did trayterously and maliciously conspire to take her Majesty Prisoner , and to remove her Counsellours from her , which were found guilty and suffered accordingly ; the reason is , That because thereby if it had been done , they had despoiled her Maje . of her Regal Government , & the case is instant in Philip who was a nominative King , that it was not Treason to have attempted any thing against him . My Lords , his Majesty being a Prisoner without any hand of mine , I giving advice according to what was dictated to me to bring him to that tryal , whereby he might have been acquitted , and so set at liberty : I hope that will not be said as instrumental . My Lords , I humbly shall offer but two words , 1. to honourable Court , then to the Jury , the words of 25 E. 3. and so the exposition of the learned Judges have been from time to time , that there shll be no semblable Treasons made by presumptions or strains of wit , but those Treasons specified there ; It is said if a Husband do kill his Wife , or a Wife kill her Husband , a Master should kill his Servant , or the Servant should kill his Master , that that shall be petty Treason ; a Child did kill his Father , though that was looked upon as a great sin , yet the Judges do not presume that to be Treason , because it was not in the very words : this being an extraordinary Case : to write a thing after another , doth not appear there was a malicious heart in him that did write . There hath been the Act of Parlia . that doth call these Courts Tyrannical and Unlawful Courts ; but my Lords , a Tyrannical and Unlawful Court is a Court de facto , though not de jure ; if a Court be not a just and lawful Court , it cannot be said but that it is a Court : we say a Thief is a true man , though morally he is not so ; this was a Court , Officers attending on them , some said they had Authority , & therefore for one to come and act within his Sphere , not to act out of that , nor to do any thing , but what he had a prescript form appointed him , I hope that will not be found to be within the letter of the Law ; I have been told ( how true , I cannot tell ) that there have been some votes in the honourable Parliament , that those that did only counsel or advise , those were not to be looked upon as Traytors ; I have been told so , that those that did only speak as Councel for their Fee , who were not the contrivers of it , the Parliament did not intend they should be left to be proceeded against . Court. That Letter that was sent from the Commons to the King at Breda , they speak first of the violation that was put upon the Parliament , and of the base horrid Murther of his late Majesty . It is said that the Parliament ( I conceive they meant of the remaining part ) they were not guilty , but some few ambitious , bloody , guilty persons , who contrived the same , and others misled by them . Cook. The other matter of Law is this , I say that I do hope that though that order , which I was about to produce concering my acting , that if it may not in a legal sense any way be said to be an Act of the Parliament and Commons , yet it may be said to be such an order to bear out those that did Act according to it , because there was then no other authory de facto , otherwise it were not lawful for any man to exercise his profession during such a Power . I hope , Councellors might then exercise their profession , aswel as others : My Lord , though I should suffer my self in this case , I should be loth the honourable profession of the Law should . I think I was in my Sphere acting as a Counsellor . Now Gentlemen of the Jury , that which I have to say to you , is an evidence concerning matter of life , it must be so clear that every one that hears it may understand it . It is called an evidence because it is evident , it is one reason , why Prisoners for their lives are not allowed Counsel for matter of fact , because the evidence is , and ought to be so clear and plain that every one should be satisfied both Jury and standers by , and it is a proper word to say the Prisoner is convicted , that is as much as his mouth is stopped , and therefore I say , truly as I hope , I may speak it to you without offence , as Jeremy in another Case , when some of the people would have had them put him to death , as for me behold I am in your hand , do with me as seemeth good and meet unto you . 26. Jer. 14 , 15. ver . saith he , But know ye for certain , that if ye put me to death , ye shall surely bring innocent blood upon your selves . I hope you will not willingly be Guilty of any such thing , I must leave it to your consciences whether you believe , that I had an hand in the K. Death , when I did write but only that which others did dictate unto me , and when I spoke only for my Fee , and this I would be bold to say , though the argument is not so directly confessed , that humane Justice , ( I do first say as this my principle , and opinion is ) that as every man ought to pay his moral debts , so all political debts , there is a debt due to human Justice , so political , if the Lord should have suffered me to have been drunk and kill'd a man for which I ought to have died , in stead of speaking for my self , I would have rather intreated the Jury to have found me Guilty , I think these things ought to be answered political debts ; when I was in Ireland , and had opportunity of going away , if I thought I had been Guilty I might have done it , my name is put into his Majesties Proclamation . It is true , I was a prisoner three or four months before , so that I could not render my self , to what end should that Proclamation mention my name ? it was laid I obscured my self , but I did not , humane Justice doth never punish , so much for expiation as for prevention ; The judgements of the learned Aquinas , Grotius , and Amesius , and many others , that if a man doth kill a man , commit any thing worthy of death , though he doth repent never so much , yet that others may be deterred from committing such Acts , the Magistrate is bound to put him to death . But where there is not such a thing , there it is different ; though it is said the land is defiled , that is , where there is danger that the like may be committed again , now all things are setled , there is no danger at all , now there can never come such a case as this again , I say my Lord what I acted I did as a Counsellor , I had no malitious intention in it . Mr. Nutley bare testimony so far , that I told him there was not intention of putting his Majesty to death , I only did say , that I desired them to do Justice , and I hope what was done , was their Act not mine , and so I leave my self to your Lordships . Court. Silence commanded . Mr. Sol. G. My Lords , this Gentleman who is the prisoner at the Bar requires such an evidence of the Fact , as may be evident , he saith so evident as may be as clear as the Sun , I think that evidence is not to seek , but if he must never be convicted till he be so far convinced as to be speechless , I believe we may stay long enough , nevertheless if he be willing ( as he saith he is ) to pay his debts to political Justice , we shall quickly give him the total sum . That which he hath said , hath been like a Lawyer , the best that his Case will bear , but withal it is a great aggravation to his Crime , that he that knew the Law so well should so much transgress it . He began , Words do not make treason , he mistakes , his Charge is not for words , Gentlemen , his Charge is for compassing and imagining the Death of the King , and the evidence of that Charge is meeting in that Assembly , and the part that he bore in that Assembly . And yet my Lords he will be much mistaken too : ( under favour , and with submission to your Lordships Judgement , and those that hear him , ) if they think that in all Cases it is a general rule , that words are no Treason ; for when a man shall proceed to declare the imagination of his heart , as to exhort and perswade men to effect that wicked thing , The killing of the K. , certainly there cannot be a greater overt act than these words , nor a clearer evidence of such an imagination , for out of the abundance of the heart the mouth speaks . My L. to say that the demanding of Justice is not Treason , though injustice do follow , is a very weak gloss upon a wicked action . The Subject matter was a Charge of High Treason against the King , the conclusion of the Charge was a Protestation , by which he saved to himself a Liberty to put in a new Charge , if that was not sufficient ; upon the whole he desires that the King as a Traytor may be brought to Justice . Judge you now Gentlemen upon the nature of this demand , whether this were such a demand of Justice as might end in acquital ; Whether he that presses that this Charge may be taken pro Confesso , did mean that when the Court had recorded it , they should acquit him when they had done . My Lords , to say there are four Actors in this Case , the Witness , or accuser , the Judge , the Jury , and the Executioner , and that he is none of them , and therefore in this Case he cannot be a Traytor : still my Lord that is to beg the question , for if he be one of them that did Assemble in the place , and were any instrument of that Assembly , he hath thereby given an evidence of an Overtact of his wicked heart , & when all is done this poor gloss amounts but to this , I am none of those four Ranks , that is , there were others worse than my self , and therefore I am none at all . My Lord , the thing that he hath mainly insisted upon is the Act of Indempnity , my Lord , he doth observe that his name is excepted in that Act , That he doth hope that it is so pen'd as by the favour of the Parl. It may reach his Case , & he hath argued very much upon it , and he speaks as if he did believe it himself . But surely there is no colour for that interpretation , that he should step out of this proviso , by the very Act of Indempnity that was made on purpose to bring him in by-Name , the words are provided that this Act nor any thing therein contained , shall extend to Pardon or give any benefit to John Cook , &c. All which persons for their execrable . Treasons in Sentencing to Death or signing the Instrument for the horrid Murder , or being instrumental in taking away the precious Life of our late Sovereign Lord King Charles the First of glorious Memory , are left to be proceeded against as Traytors , &c. First , my Lord , this general and clear answer I conceive is to be given , that the Prisoner at the Bar being by Name excepted out of the Act of Indemnity , by the proviso mentioned in it although the subsequent lines that follow be the reasons why the Parlim . do except : yet if he be within the very words of the Exception , whether he be in the reasons that moved them to that exception is not material , if he could distinguish that he was not instrumental in that sense to which he labours to restrain this Proviso , he can but say this , the Parliament was mistaken in their reason , but not in their conclusion , but he is directly within the exception and the reason of it too , for the word instrumental goes as far as far can be , and he is properly & literally in the strict notion of the word , an instrument of the death of the King : The King could never have been brought to death , if not to the Bar ; never had been sentenced , if he had not been impeached ; that impeachment could never have been taken pro Confesso , nor the impeachment it self delivered , if he had not delivered the one , and pressed the other : He that brought the Axe from the Tower was not more instrumental than he , and besides a Lawyer as he , of great understanding and of good parts , he knows very well there are no accessaries in Treason , but he that Acts any part in so wicked a Conspiracy let him begin at what end he will , he stands responsible for the utmost consequence of it , and in effect the very penning of this proviso , is an express Judgement of Parliament , that he was instrumental , but that is not to be pressed . The next thing he doth insist upon is , the Declaration of his Majesty , that he sent from Breda , which he saith he laid hold upon ; here lies the weight of his answer , The King writes his Letter to the Parliament now sitting , that he doth purpose , for the quieting of the hearts of men that may be in doubt , to pardon all persons , all crimes of what nature soever , either against himself or Royal Father , excepting those which shall be byAct of Parliament excepted , and my Lord , he doth say , and modestly presses , that he doth conceive the meaning of that is to pardon all persons , what crimes soever they have committed ; Except such as by a Free Parliament shall be excepted , a legal Parliament called by the Writ of the King , which this Parliament is not . To that I give these answers ; First , my Lord , I do say that this letter of our gracious Soveraign from Breda in it self undoubtedly is no Pardon in Law for Treason , that cannot be without the Broad Seal . Next , a Pardon under the Great Seal in such a form of words as this is , would not be a Pardon for Treason , for that must not be pardoned by implication , but by positive words ; so in the Case of Sir Walter Raleigh a Commission directed to our well be loved Subject , would not pardon the Treason , of which he was condemned . In the next place this Letter at the most is but a pardon in honour , which must always be taken according to the meaning ; And that the Kings Honour may for ever be sacred , I say this Letter doth no way help the Prisoner at the Bar. First , it is plain by the very Superscription of this Letter , 〈◊〉 which the Declaration was inclosed , that it is directed to the Speaker of Our House of Commons in Parliament assembled , which cannot possibly be expounded of any other Parliament than that , which was then sitting , to whose Speaker it was written . Secondly , the Letter it self says ; we have left it to you to provide for security and Indempnity , and again , if there be a ●●ying sin for which the Nation may be involved in infamy , 〈◊〉 cannot doubt , but you will be as solicitous to vindicate as we can be . And then in this very letter encloseth that declaration , upon the penning of which the prisoner so much relies ; Now lay all together , and it is clear the Parliament , meant by the Declaration , must be the same Parliament , which was meant by the Letter , and that was this very Parliament whom the King intended to trust , both with Indempnity , and with the vindication of his Fathers death , and to be the dispensers both of mercy and Justice in this particular . Another thing is this , This very Parliament as the Prisoner observes , they did go to the King according to His gracious letter , and in the behalf of all the good people of England , they did lay hold of the Kings mercy in His letter , and Declaration , and prayed that this claim by their Speaker in the behalf of all the rest of the Commons of England might be effectual to all purposes , and for all persons other than those that should be by themselves afterward excepted , according to their requests . His Majesty accepts their Petition , and makes Proclamation , that his Pardon should extend to all , but such as they should except , what can be more clear and evident , than that this is the Parliament which the K. did mean to be the very Parliament , to which the Letter should have reference till the Act of Oblivion was passed again ? the late transactions of these twelve years past , had involved so many persons , that we could scarce find a man his he had need of mercy , nay this very Parliament to which the Letter was written , had need of Indempnity , and it is probable in the nature of the thing , or can it be understood by any man , that the King writing to this Parliament , and offering them pardon and Indempnity , should mean such a pardon and Indempnity , as future Parliament to be called by his own Writ should be willing to afford them ? Whose hearts would have been satisfied with so contingent a security ? My Lords , upon the whole matter by what the King hath said in this Letter , and by what the Parlim . hath done in pursuance thereof , and by what the King hath proclaimed , it is to my understanding as clear as the noon day , that the honour of the King is not concerned at all in the exemption of the prisoner at the Bar ; and for the Cases of my Lord of Essex and Southampton which he hath cited , they make against him , they were condemned , because they endeavoured to imprison the Queen , and to remove her Councellours , of which very fact the Prisoner is in Law guilty too ; and then the case of King Philip , the Husband of Queen Mary makes nothing for him neither , unless he will speak out , and tell us plainly , that because by a former violence the King was made a prisoner , he became but like a titular King as King Philip. In the next place he saith , my Case is out of the Law , I acted as a Councellour in my own particular for my Fee , it was avaritia , but not malitia , nor falso , malitiose , or Proditorie . But he must know , that no man hath or can have a lawful calling , to pursue the life of his King , and the Law implies malice ; for malitiose and proditorie , are not only words of course , but of truth too in this case , else it were as much as to say , that no Councel can be guilty of High Treason , than which nothing can be more absurd : My Lord , for that which he said last ( for I must omit some things , and give him leave to take the advantage of it ) to stand upon it , that the place was a Court , such a one it was , that he was not answerable for the constitution of it , if it were not in a legal sense , it was such an order as might bear him out , that is , with modesty and good manners to justifie High Treason ; it is not with such insolency as some others before him did it , but it amounts to that , That an order of a few persons that first made themselves a Parliament , and then made a Court of Justice , had Officers and met together , and perfected so great a Treason : I say that this Order , to bear him out is impossible . He that is a Lawyer , he must accompt to the Laws for what he hath done , if the authority were not lawful , he cannot but know that this which he calls the Parliam . was so far from a legal Authority , that it was one part of the Treason that he did assist such an Assembly . Gentlemen of the Jury , this is your own Case , here is a charge that is exhibited by the prisoner at the Bar , as he saith , in the name of all the people of England . Look to it , for you are some of them if you own it , then it may be true what he hath said , but I hope you meet here to tell this Nation and all the world that the people of England had no hand in that charge , do but consider how that this prisoner at the Bar had hunted the life of the King , how he did fish out and examine evidence whether the King set up his Standard at Nottingham , was at such a place and such a place , to what end is all this , but with design of blood ? Were these things to be produced against the King , and then Judgement to be demanded that he may be saved ? Is it not plainly proved to you by Witnesses , how he did exhibit the Charge , press it , aggravate it , desired it might be taken pro confesso , was afflicted with the delays , how angry he was when he was interrupted ? Is it not proved to you that he was at first against the thing , and said it was a base business ? when he was engaged in it said , that he was a Servant of the people of this Kingdome ? what doth he do at last when the thing had gone far ? he speaks that which is the only truth which I have yet heard from him , He must dye , and Monarchy then must perish with him ; from which Event , good Lord deliver us . Sir Edward Turner . My Lord , the substance of the defence that the Prisoner hath made at the Bar , with much skill and cunning , may be referred to two heads . The first to the Statute of the 25 of Edward the 3. The second to the late Act of Oblivion : for the first , my Lord , he saith that his fact is not comprized within that Statute , saith he , I did never conspire or imagine the death of the King , nor did believe that would be a consequent of their actings . It was expresly proved that himself did say that the King must die , and Monarchy with him , but Gentlemen though he had said true , that it had not been proved , or that he did not believe that would be a consequent , yet my Lord , I must tell you that every step of this Tragedy was Treason , the summoning themselves that was Treason , every proceeding upon that was Treason , the summoning of their meetings in the Painted Chamber , coming into Westminster-Hall , every person as instrumental , those that came to act the least part in that Tragedy were every one guilty of Treason , what saith he , I acted as a Councellour for my see . It was that see that Judas had the 30. pieces of silver , that made him hang himself . He goes further and tells you , there must be no semblable Treasons , this is clear ; the conspiring , and imagining the death of the King , that 's the Treason that is mentioned in the Act , Treason by the Common Law , though this be not named the killing of the King , yet all these proceedings are demonstrations to you , there was a Secret Imagination to kill him . Then to the Act of Oblivion his Argument is , That because the Act saith , that if they had Sentenced , signed , or been Instrumental in the death of the King , that they should be excepted , but it is not said , or otherwise Instrumental : that therefore this should refer to subsequent , not precedent Acts , that 's a strange Exposition , take it Grammatically it hath the most large construction , Instrumental , more large than if they had said , or otherwise , for it doth comprehend every thing ; There having been so full an answer already , I will be short , I will not meddle with his civil debts , but with his Political , If a man kill another , though he doth repent , the Magistrate must do Justice in terrorem . Though he doth repent , ( I hope in God he doth so , ) The Magistrates , your Lordships , must do Justice in terrorem , I desire that Justice may be done upon that man. He said it was no Treason to demand Justice against the King , because he did but demand it , I hope he will think it no unkindness in me to desire judgement against him because it is just . Mr. Wadham Windham . As I understand the Prisoner at the Bar , the chief argument which he shelters himself under , was his profession , which gives a blast to all of us of the long robe , I will not mince his arguments , saith he , here was a Court , I was appointed Sollicitor , and saith he , for men to practise before those that have not a proper Judicature , it is not Felony , Murther , or Treason , ( I would not willingly mince his Argument ) and that I was appointed , and the words dictated to me , and a Councellor carrying himself within the compass of his profession is not answerable , but if he will exceed his bounds , his profession is so far from sheltring him , that , as it hath been opened , it is very much an aggravation , it is the duty of a Councellor to give Counsel ; if a man shall come to me and ask counsel , and I shall counsel him to kill a man , am not I accessary to that murder ? Words by his argument will not amount to Treason ; if the fact follows , I am as guilty as if I did the fact : in point of Treason it is all one as if I had done that very act . If Mr. Cook did advise that Act , or was instrumental , he is as much a Traytor as the man in the Frock that did the Execution ; for his profession , truly my Lord , I do not think that a Counseller is always bound to know the patent of him that sits as Judge , that will not be his Case ; here was no ordinary Warrant of Law to carry on Justice : Grotius saith , in case of necessity for carrying on Justice , there may be many things allowed : I pray where did Mr. Cook read of such a Court as a High Court of Justice , there was never such a High Court of Justice read of in the Law ; then as this was a mock Court , so under good favour it was a mock Jurisdiction . Was there any Law under Heaven to put the King to death ? is it not out of the compass of all Courts whatsoever to do it ? and under good favour my Lord , this is but to shelter a mans self under colour of Justice to do the most execrable Treason in the World ; I have no more to say to you . Lo. Ch. Bar. I would repeat the Evidence and your answer , to you , if you have any thing new , speak to it . Cook. This is new , it was said by one , that if there had been no charge there had been no sentence given in the Case , I say that the Indictment or Charge is no part of the Tryal by the Statute of Magna Charta : The Peers of the Land shall be tryed by Peers , but are indicted by the Countrey ; I conceive by what they have said , they do make me causal of the Kings death . It is said in the Indictment there was a power , I say this , I did not assume any power , it cannot be said , if Council be come in to an unlawful power , that he takes the power , but stands with respect at the Bar. At Assises Judgement passes , the Clerk of the Assises , he is not instrumental in taking away life ; for that which Mr. Starkey should say , that I should say , The King must die , and Monarchy with him , I humbly beg that the Jury would take notice of what Mr. Nut. said , that I told him there was no intention of taking away the Kingslife , and besides it is but a single witness , I hope there must be two witnesses in point of Law , to convict a man of High Treason . Lo. Ch. Baron . Mr. Cook , you said right but even now , that if there was any thing in matter of Law which the Court knows of , which may be of advantage to you , they are of Council to you , and so they ought to be . Cook. I think your Lordships . L. Ch. Bar. I shall repeat the whole Evidence , and begin with that first , ( we are upon our Oaths ) the Witnesses that are against you , I took notice of them , you have had a great deal of Liberty which you have made use of civilly , but Sir , for the fact , I think it is a great deal more full than as you have answered . First , The first witness produced against you was Mr. Nutley ( I shall speak only the material parts , that concern your Charge ) He swears expresly , that he saw Price a Scrivener writing a Charge in the Court of Wards , that he saw his Charge in your hands ; He saw afterwards when the King of blessed memory was brought as a Prisoner , that there you delivered the Charge in , there is more than words , you delivered that Charge in , that alone is an overt act ; then if ther were nothing else in that Case , that a man in a paper should call the King Traytor , Tyrant , Murtherer , and implacable enemy , as there the words are , and he deliver this paper , and this be read , if this be not an overt act of imagining and compassing the Kings death , I do not know what an overt act is , and he gives further evidence ( if I mistake ) take free liberty to interrupt me . Cook. Sir , they were not my words , but their words that commanded me . Lo. Chief Baron . This I say , that this very thing alone , such a paper approved by you , delivering this paper to an Assembly , & requiring it may be read : this is an overt act to prove the imagination of your heart for the Death of the King ▪ the reason is , if the King should be a Tyrant , a Traytor , &c. it stirs up hatred in the people , and the consequences of that hatred is the death of the Prince . The next thing that Mr. Nutley said was this , He said that you demanded positively Judgement against him , against the blessed King then Prisoner at the Bar. I remember you said that you did demand Judgement , but that you did not demand Judgement against the King ; take it so whether you did , or not , ( though you shall find in some other Witnesses that I shall repeat , that you said Judgement against the King ) the consequence will be the same ; who could you demand Judgement against but the King , he was the Prisoner ; because he did demand a further hearing by the Parliament , you urged that his Charge might be taken pro Confesso , then it must needs be Judgement against the K. it is effectively and implicitely the same . He went further , and that was , that being your friend & acquaintance , & acknowledging your parts as a Lawyer ( which truly I do very much know my self , and do know this Gentleman to be a man of very great parts in his profession ) he had familiar acquaintaince with you , he told you what a base business it was , and you did your self acknowledge it , said the Prisoner to M. Nutley himself , it is a base business , but they put it upon me . He did discourse further to him of the Oaths of Allegiance & Supremacy , which he knew very well , no man better , this Gentleman he very ingenuously confessed it , saying , I confess it is so , they put me upon it , I cannot avoid it : but then excuses it , I am the servant of the people : Afterwards he pressed the K. to answer positively whether guilty or not guilty , the pressing of the K. to answer , what was it in effect , but to hasten Judgement ? and that was to hasten his death , so that that is the substance of Mr. Nutley's testimony , that he pressed Judgment , Judgement was demanded by the Prisoner now at the Bar , it is not only demanded but pressed , and all the current of the witnesses at several days are to this purpose , it is true ( that I may repeat the whole for you , and against you ) that this Gentleman the Prisoner at the Bar , when Mr. Nutley did urge this to him , said , he hoped they did not intend to take away the Kings life , I verily believe they do not intend to take away the Kings life , I hope they do not . But Mr. Cook , it is no excuse to say you hope , or you believe they will not , &c. How far it may be in such a crime something in extenuation , in foro Coeli , but not in foro Civili ; you opened it your self , that if a man should go about to take the K. Prisoner , it is Treason ; the Law adjudged that to be Treason , when you knew they would condemn him as a Tyrant , Murtherer , &c. you must easily believe what would follow such a condemnation , Truly death , that is no colour of excuse in foro Civili . Farrington swears to the same purpose , that he saw you , having a Parchment in your hands , delivering it in , & prayed it might be read as a Charge of the People , you did not speak , I deliver this in as from those that deliver'd it to me , that was not in the paper , that you said of your self , My brethren will tell you all , this is an apparent point of the imagination of your heart ; at that time , he swears the same thing , that you did desire it might be taken pro Confesso . Master Bodurdo is the third , he swears the same thing too , that you exhibited a charge of High Treason against the Prisoner then at the Bar , & tells you the substance of it , he saith that all but the first day you demanded Judgement for not pleading to the Charge , he adds that you complained of the delaies , I am sure that was not dictated to you , that could not be thought that you should desire Judgement for the Prisoner . It is very true which you say for your self in that , that you did not demand it first , till it was demanded by the Court , Master Bodurdo tells you , and so it was granted , the first day that Bradshaw onely said it , but afterwards that you alwaies demanded it ; The next was Master Herne , he swears the same words again , that you did in the Name of the Commons assembled in Parliament , and the People of England , exhibit a Charge , &c. These are your own words , if you did exhibit a Charge against the King , to exhibit a Charge of High Treason the very thing followed , If it were so , there was death , so certainly there cannot be a greater expression of the imagination of a mans heart , than that is : it is true , you asked then a question and that was , whether that , that you concluded , was not that you desired them to proceed according to Justice , it is true , the words of the Charge are so , but before you come to conclusion you charge him as a Traytor , Tyrant , &c. Communis Hostis , after you had given that Charge , you demanded Justice , those that spit in his face they demanded Justice , every one knew what belonged to that Justice . Then Baker he swears positively that you did exhibit the Charge in this , manner , he said this , that you said , you had exhibited a Charge of High Treason , &c. and that the King sought delays , there is your insisting upon it ; he sayes further that you said these words , that you did desire Judgement should be given against him , and not so much you as the blood that had been shed that cryed for Judgement , truly whether that was a Judgement that you intended for acquital that must be left to the Jury . You asked ( because I will repeat it in order as my memory will give me leave ) whether there was any other words in the charge , than was in the Proclamation ? Mr. Cook. Whether there was any other words , or no , that differed in the Proclamation , as it was a great sin and foul fact in the Proclamation , so it was as foul in the Charge . Master Masterson swears the same too , he heard you say the second day you had delivered a charge ( the day before ) against the King , and that he had delayed his answer , you desired he might plead guilty , or not guilty ; the last day , that you did in the names of the Commons Assembled in Parliament , and the people of England demand Judgement against the King , and then another swears those words , Judgement against the Prisoner at the Bar , which was the King. Burden swears you examined him as a Witness against the King , in what place he was with the King , It seems he was in the King's Army , he swears you gave him an Oath , ( it is testimony fit to be believed ) but however , if you did not give the Oath , by what you say your self , you may be by , and asked him the question . Master Starkey , he tells you that during the Tryal , and before the Sentence , that you , being an old acquaintance of his in Grayes-Inn , & speaking with him , he spake like a friend to you , I hear you are up to the ears in this business , and whereas you talk of the people , there is a thousand for one against it , that you should tell him again , You will see strange things , but you must wait upon God , these words of waiting upon God are words of that nature , people do use them now adaies , when they would do some horrid impiety , which hath been the sin of too many ; it is but a canting language , that is the best term I can give it : you told him then He must die , this was before the Sentence ( that is to be observed , Gentlemen of the Jury ) you say you did not know of the Sentence , you said He must die , and Monarchy with him ; you must here know that some of those persons that sate upon him said , the King was a gracious and wise King , and as Mr. Cook did say , and they were the best words they spoke , and I think he thinks so in his conscience , but in conclusion He must die , and Monarchy must die with him ; others said , they did not hate King Charles , but they hated Monarchy and Government , but Monarchy was the thing that they would behead . I think I have done with the Evidence that was given against you , the Indictment it self was read , the Overt acts was the meeting , propounding & consulting about it . It appears he was in the Chamber about the Charge , that he did propound it , he delivered the Charge , & it appears withal , that he demanded Judgement , he desired the King might answer , or that it might be taken pro confesso : these are overt acts to declare the imagination of his heart . The answer of Mr. Cook , I will repeat it as clearly as I can , because nothing shall go to the extenuating of the fact , but it shall be spoken . Mr. Cook , in your answer , your defence that you make , you set forth the heads of this Indictment , and you set them forth very truly ; the heads are the aggravations of the , Indictment , the Indictment was the compassing and imagining the death of the King ; you said it was upon these grounds , that you did propound , abet , and consult the death of the King , that you with others did assume power and authority to kill the King , & that thereupon a person unknown in a Frock did accordingly kill the King. You say to the first part , if it did not appear that you did advise the death of the King , that you were not guilty : for that Sir , as I told you before , taking them either complexly or singly , if any of the particulars reached to one of these acts , it was enough , but it reaches to all : you required Judgement against the King as a Traytor , and that with a reason , and certainly death must follow : you say you were appointed to give your advice , you had a Proclamation , first , for Tryal of the King , you had the Order of Jan. 10. whereby you were appointed to give your advice , if it were so , it will be no excuse at all , the Proclama ▪ gives you no warrant at all , he that obeys so wicked a Proclamation , it will not save him ; it appears you were privy to this before the Proclamation , if you were not at all , when such a thing as this , is such a Proclamation and Act , and such a manner of Tryal , as I believe though you have read very much , you never heard of such a thing in our Law , or foreign Nations . That you thereupon should take upon you to be of Council against the King , it aggravates the fact : other men may be impudent & ignorant , but you that were a learned Lawyer , your being of Council doth aggravate the thing . You say , Secondly , by Law words will not amount to Treason , for that I would not have that go for Law by no means , though it be not your Case , for you are not indicted for words , but words are Treason , and Indictments are often for it , but the difference is this : The Indictment is not for words , but compassing and Imagining the death of the King , words are evidences of the compassing & imagining the Kings death . It is the greatest evidence of the imagination of the heart . Words do not make a Treason , that is , if it be by inference , or consequence , but reductively , but if it be immediately , I shall say to a man , go kill the King by theat which is an absolute , immediate necessary consequence , to say this is not Treason , I would not have that go for Law , your Case is not for words , but for delivering a Charge , the ground that you speak of , words may make a Heretick but not a Traytor , it was a witty saying , but you have no sufficient authority for it , these are words put in writing : we all know if a man put his words in writing , if a man speak Treasonable words , and put them in writing , they have been several times adjudged Treason , and so in ( my Lord ) Cook 's 3. Institutes the Case of Williams of the Temple , there was a Book of Treason in his own Study of his making , and he was indicted for it , words put in writing is an express evidence of the imagination of the heart , you say it was dictated to you , but when words are written in a Charge and your name to it , ( which I had almost forgotten ) that 's more than words : the Witnesses swear the likeness of your hand , they do but swear the likeness of your hand , no man can swear more unless he was present and see it , but you owned the Charge , and there your name is , that besides the two Witnesses there is your own actions to prove it . When two Witnesses shall swear it is like your hand , and you own that Charge , I must leave it to the Jury : you say you did this after command , the words were dictated to you , the words were conceptis verbis , appointed , and ordered by the Court , but the pressing was yours , he stands upon delays let it be taken pro confesso , demanding Judgement , these were your words , another man may dictate a thing but you are not forced to speak it , you urged it , owned it , you demanded not in the name of the Court , but in the name of all the People of England , you say further that your demanding Justice is not within the Statute , as I said before , what can be the effect of demanding Justice , but that the King should die upon those premises ; you say further that it was in behoof of the King , as you would urge it , to do the King a Courtesie in asking the King might have Justice , but you did not name what Justice it was , but you did him a Courtesie , truly the King was but a little beholden to you for that request , all the world knows what that demanding of Justice was , it was to have the Kings head cut off , you went as far as you could , it ended with you when you demanded Justice , that is as far as you could , you cut off the head . S. Paul when the Witnesses laid down the clothes at his feet , he said , I killed Stephen the Martyr . You say further that in all Tragedies the Accuser , or Witness , the Jury , the Judge , and executioner are the only persons , and you are none of these , you are only of Council , if Justice was not done , what was it to you ? you said you did not assume a power , there was only Eloquence required in the Councel , it hath been truly said that this is a great aggravation to be of Councel against the King , you said his Majesty was then a Prisoner and accused , Counsel cannot be heard against the King , you undertake to be Counsel against the King in his own person and in the highest Crime ; if the Council at the Barr in behalf of his Client should speak Treason , he went beyond his sphere , but you did not only speak , but acted Treason , you said you used not a disrespective word to the King , truly for that you hear what the witnesses have said , you pressed upon him , you called it a delay , you termed him not the King , but the Prisoner at the Bar at every word ; you say you did not assume an authority , it is an assumption of authority , if you countenance and allow of their authority ; you say you do not remember you demanded Judgement against the King , that is fully proved against you , you your self asked the question , whether you did say against the King , he did not remember , but others positively , that you demanded Judgement against the King and Prisoner at the Bar , you said that before Sentence there was not an intention to put the King to death , to that Mr. Starkey swears that you expresly said , the King must die , and Monarchy with him , and this before the sentence : whereas you say this is but one witness , that there is to be in Treason two witnesses , but that there should be two witnesses to every particular that is an Evidence of the fact , that is not Law , if to one particular that is an Evidence , there be one witness , another to another , here are two witnesses within the meaning of the Statute , two witnesses to the Indictment compassing and imagining the Death of the King , being accompanied with other circumstances , this one witness if you believe him , is as good as twenty witnesses , because other overt acts are expresly proved by several witnesses : You say next , for the drawing of the Charge , in right reason , it ought to be counted for the service of the King : First you do acknowledge , and truly very ingenuously , that in the time of peace to bring him to the Bar , not being a prisoner , is Treason ( you say it ) according to the Law , and that you delivered the charge for the accelerating of the Charge , and that it was not done by you traiterously , you say the King was a Prisoner before , and you say what hands he was in , in the hands of men of power and violence , it had been your duty to have delayed it , not accelerated it , that there might have been some means of prevention of that bloody act that followed ; if you knew that to be Treason to make him a prisoner , Subjects do not use to make Kings Prisoners , but Death follows . You urge in the next place the Act of Indemnity , and that you are not excepted , for that , you have made as much of it as the matter will bear , yet you must consider , First , as a rule in Law , that where they are general words , when they come to be explained by the particulars , you shall not include them within the general : Mark the very words , they are these , Provided that this Act , nor any thing therein contained shall extend to pardon , discharge , or give any other benefits whatsoever unto such , and such , ( among whom you are named ) nor any of them , nor to those two persons , or either of them who being disguised by Frocks , and Vizards , did appear upon the Scaffold erected before White-Hall , upon the thirtieth of January 1648. All which persons , these are the words . First , It shall not extend to you ; then it comes , All which persons for their execrable Treason in sentencing to death , or signing the Instrument for the horrid murther , or being Instrumental in taking away the Precious Life of our late Soveraign Lord CHARLES the First of glorious Memory , are left to be proceeded against as Traytors to His late Majestie according to the Laws of England , and are out of this present Act wholly excepted , and foreprized . First , as I told you before , and as it was very well said by Master Sollicitor , admitting the reason had been mistaken , and that you had not been comprehended in the reason , you are excepted out of the body , provided it shall not extend , &c. Many times Laws do make recitals , which in themselves are sometimes false in point of fact , that which is the Law is positive words , the other words are for the reason ; Excepting all which , that is , Master Cook , which persons are excepted not for doing of it , but for his execrable crimes in being instrumental . It is clear without that , if it were not so , we say when a Sentence is , or such a one , or such a one ; the third Or makes all disjunctive : Here are three Or 's first in sentencing to death , or signing the Instrument , then comes this , or being instrumental in taking away the precious life of our late Soveraign , &c. this Or doth clearly exclude the other two , or instrumental not only in point of death , but further , being neither a Sentencer , Signer , or being instrumental in taking away the Kings life ; that is , being any way instrumental . Truly , whether it be not instrumental to exhibit a Charge against him , or complain of his delayes , to ask Justice against him in the name of the people ; to do all this , and desire that the Charge might be taken pro Confesso , if this be not instrumental , I know-nothing else Sentencing and signing : Some signed the Sentence , some the instrument for death : the next degree of being Instrumental , the highest degree of that , is to accuse him , to deliver in the Charge against him , in the name of the people , do it again and again , be angry at the delayes . The next thing is this , that you did not do this falso or malitiose , but for your Fee , and that though there might be avaritia , there was not malitia in it , it was done by your Profession , you were not Magisterial in it ; you thought the consequences that did follow , would not follow . If a man does but intend to beat a man , and he dye upon it , you know in Law it is all one : You must understand , there is a malice in the Law ; If a man beat one in the Streets , and kill him , though not maliciously in him , but it is so in Law. That you desire to have the benefit of the Kings Declaration ; that you did put in your petition proving the same , that you were a prisoner before , that the Commons in behalf of themselves and the people of England , they craved the benefit of it , which was granted , excepting such as should be by Parliament exceptd , and that the King should mention a Free Parliament : for this , it hath been fully answered to you , and clearly by Mr. Sollicitor , that you are not at all concerned in the Kings Declaration at Breda . For first , it is nothing in Law , it binds in honour , and we have given the same directions yesterday upon the like occasion , that is , that the Kings Declaration binds him in honour and in Conscience , but it does not bind him in point of Law , unless there were a pardon granted by the Broad Seal , the thing is cleared to you what Parliament the King meant by it , they were sitting at that time , had acknowledged their dutie and allegiance to their King , they went ad ultimum potentiae for a free and absolute Parliament , whilst the King was absent , though the King was away ; yet notwithstanding the King Declared whom he meant , he directed one of those Declarations to our Speaker of the house of Commons , and another to the Speaker of our Peers , in this case it was loquendum ut vulgus , it was owned by him as having the name of a Parliament , it was done with great wisdom and prudence , and so as it could be no otherwise , they that were loyal subjects , acting in the Kings absence , he consenting to it , the King owning that Authority , so he was obliged in honour no further than his own meaning and words , but there is another Clause in the act excludes all these persons . The next thing is this , you say the Statute of 25 Edward 3. and it is very true , you say if it be any semblable Treason , we were not to judge upon that , unless they were the Treasons in the Act , and it is most true , now you would urge but this , that this is but a semblable Treason , but you are indicted for the compassing and imagining the Death of the King : if these Acts did not tend to the compassing and imagining the Kings death , I know not what does , I am satisfied you are convicted in your conscience . The next thing ( for you have said as much as any man can in such a Cause , it is pity you have not a better ) you say , though it was a Tyrannical Court as it is called , but such a Court it was , and there were Officers you say , it had figuram judicii , that aggravates the fact to you , to your profession . There is a difference between a standing Court , and that which is but named to be a Court , this was but one of a day or two's growth before , and you know by whom , by some that pretended to be only the Commons , your knowledge can tell you that there was never an Act made by the Commons assembled in Parliament alone , and you may find it in my Lord Cook , that an Act by the Lords and Commons alone was naught , as appeared by the Records , Sir James Ormond was attainted of Treason , the Act was a private Act by the King and Commons alone , the Lords were forgot , when the Judges came to try it , it was void , and another in Henry the 6. time ; you know this was no Court at all , you know by a printed Authority , that where a settled Court , a true Court , if that Court meddle with that which is not in their cognizance , it is purely void , the Minister that obeys them is punishable , if it be Treasonable matter , it is Treason : if murder it is murder : so in the Case of Martialsea , and in the Common Pleas , if a man shall begin an Appeal of death which is of a criminal nature , and ought to be in the Kings Bench , if they proceed in it , it is void ; if this Court should condemn the party convicted , & he be executed , it is murder in the Executioner , the Court had no power over such things ; you speak of a Court. First it was not a Court : Secondly , no Court whatsoever could have any power over a King in a coercive way , as to his person . The last thing that you have said for your self is this , that admitting there was nothing to be construed of an Act or an Order , yet there was a difference , it was an Act de facto , that you urged rightly upon the Statute of 11 Hen. 7. which was denied to some , God forbid it should be denied you ; if a man serve the King in the War , he shall not be punished , let the fact be what it will. King Henry the 7. took care for him that was King de facto , that his Subjects might be encouraged to follow him , to preserve them , whatever the event of the King was : Mr. Cook you say , to have the equity of that Act , that here was an authority de facto , these persons had gotten the supream power , and therefore what you did under them you do desire the equity of that Act ; for that clearly the intent and meaning of that Act is against you , it was to preserve the King de facto , how much more to preserve the King de jure , he was owned by these men , and you , as King , you charged him as King , and he was sentenced as King. That that King Henry the 7. did , was to take care of the King de facto against the King de jure , it was for a King and Kingly Government , it was not for an Antimonarchical Government , you proceeded against your own King and as your King , called him in your charge Charles Stewart King of England . I think there is no colour you should have any benefit of the Letter , or of the equitie of the Act. They had not all the Authority at that time , they were a few of the people that did it , they had some part of the Army with them , the Lords were not dissolved then when they had adjourned some time , they did sit afterwards , so that all the particulars you alledge , are against you . The last thing was this , you say , that it having pleased God to restore the King , Judgement should be given for example for terrour to others , that this could not be drawn into example again , why ? because by the blessing of God peace was restored , no probability that if your life was spared , that it would be drawn again into example , this is the weakest thing you have urged , you must know the reason : there are two things , there is the punishment and example , punishment goes to the prisoner , but example to the documents of all others ; God knows what such things may be in after ages , if there should be impunity for them , it would rather make men impudent and confident afterwards : if you have any more to say I will hear you , if not I must conclude to the Jury : You hear the evidence is clear for compassing and imagining the Death of the King , you have heard what he has said , and what he hath done , he has within , and examined Witnesses against the King , that he was by at the drawing of the charge , where it was drawn , you hear he exhibited this charge in the name of the Commons assembled in Parliament , and the good people of England , and what this charge is , it is high Treason and other high misdemeanors , you find that he does complain of delays , dosagain and again speak of this Charge , desire it may be taken pro confesso ▪ in the close of all , it was not so much he , as innocent blood , that demanded Justice , this was more than was dictated to him . You have heard the Witnesses , he was perswaded to forbear , acknowledged the King to be a gracious and wise King , The Oaths alledged against him , and you have heard his excuse , I have nothing to say more , I shall be very willing to hear you further : I have not absolutely directed the Jury . Cook. I do humbly acknowledge your patience in hearing me , and that your Lordships have truly and justly stated both proofs and my answer . If your Lordships are pleased to lay aside these Acts , or Orders , or Authority whereby I did at that time truly , conscientiously act , and did think that it would bear me out , if you lay aside that , and look upon it as so many men got together without authority and aswell those that were instrumental , though not sentencers or signers , and that clause in the Act , I confess I humbly make bold to say , I have not received satisfaction in my judgment , those very words of not so much I , as the innocent blood cries for justice were dictated to me , there was nothing at all left to me , because his Majesty did not plead , there was no Tryal , that which I did was according to the best , though it may be according to the weakest part of my judgment , I have no new matter . L. Ch. Bar. You have said no new matter unless it be worse than before , for now you warrant that Authority . Cook. Do not mistake me ( my Lord ) I mean so far as to excuse me in the point of High Treason . L. C. B. We delivered our opinions , as to that formerly we were of opinion , that the acting by colour of that pretended authority was so far from any extenuation , that it was an aggravation of the thing , the meeting by that authoty was Treason , and in them that acted under them and approving of it , the making of that trayterous pretended Act , making the Proclamation , sitting upon it , they were all so many Treasons : That was the reason why that was urged against you , assuming upon you the power , that was , you approving of their power by acting under them , so that there is nothing more to be said . Gentlemen of the Jury , you have heard the indictment was for compassing and imagining the death of the King , you have heard the several Overt acts repeated , and whether these are guilty of Treason to deliver in a charge against the K. such a one as that was in these words , as against a Traytor , Tyrant , Murderer , and implacable enemy to the Commonwealth , in these very words , to desire Judgement against the Prisoner ( then the King ) at the Bar , angry at delayes , to desire that the Charge might be taken pro confesso , to have it expresly , again & again to demand Judgement : if these be not Overt acts of compassing and imagining the Death of the King , & that which hath been said by the Witnesses , it must be left to you , I think you need not go from the Bar. Jury went together . Silence is commanded . Clerk. Are you agreed of your Verdict ? Jury . Yes . Clerk. Who shall speak for you ? Jury . The Fore-man . Clerk. John Cook , hold up thy hand , look upon the Prisoner at the Bar , how say you , is he guilty of the Treason in manner & form as he stands indicted , or not guilty ? Fore-man . Guilty . Clerk. Look to him Keeper , Clerk. What Goods and Chattells ? Jury . None that we know of . The Tryal of Hugh Peters the same 13. of October , and at the same Bar. Clerk of the Crown . SET Hugh Peters to the Bar : he was brought accordingly . H. P. Hold up thy hand , thou standest indicted , &c. If you will challenge any of the Jury , you must challenge them when they come to the book , before they are sworn . L. Ch. Bar. Mr. Peters , You may challenge to the number of 35 peremptiorily , but beyond that you cannot without good cause shewn , and you may have Pen , Ink , and Paper . Peters . My Lord , I shall challenge none . Jury sworn , 12. Sir Jer. Whitch . James Hally , Christo . Abdy , Nich. Rainton , Rich. Cheyney , Jo. Smith , Rich. Abell , George Terry , Charl. Pickern , Jo. Nichol. Fran. Dorrington , Anthony Hall. Cler. Hugh Peters hold up thy hand . Look on the Prisoner you that are sworn , &c. Sir. Ed. Turner to the Jury . You have often heard repeated to you , that the substantial part of the charge is the compassing and imagining the death of the King , and all the rest will be but evidence to prove that imagination against the Prisoner at the Bar , whom we will prove to be a principal actor in this sad Tragedy , and next to him whom God hath taken away , and reserved to his own Judgment ; and we shall endeavour to prove , That he was a chief Conspirator with Cromwell at serveral times , and in several places , and that it was designed by them . We shall prove that he was the principal person to procure the Souldiery to cry out Justice , Justice , or assist or desire those for the taking away the life of the King. He did make use of his profession , wherein he should have been the Minister of peace , to make himself a Trumpeter of war , of Treason and Sedition in the Kingdom . He preached many Sermons to the Souldiery in direct terms for taking away the King , comparing the K. to Barabbas ; He was instrumental when the Proclamation for the High Court of Justice ( as they called it ) was proclaimed , directing where it should be proclaimed , and in what place . When the King was brought upon the stage , that mock-work , he was the person that stirred up the Souldiery below to cry for Justice ; we shall shew you as he preached at several times upon several occasions , still he was in the Pulpit to promote this business , the next day after he was brought to tryal he commends it ; you shall hear all out of the mouth of the Prisoner , therefore I say no more , call the witnesses . Dr. William Young sworn . Council . Tell my Lords and Jury what the Prisoner at the Bar has declared to you concerning the contrivance of bringing the King to Tryal . Dr. Young. My L. and Gentlemen of the Jury , It was near about ( and that the Prisoner may remember ) the moneth of July 1648. since we came first acquainted , when he went over to Ireland , it was about the Siege of Pembroke Castle , but afterwards in the year 1649. we renewed our acquaintance , he went over into Ireland with that Usurper the late Protector , as he was called , after the Town of Wexford was taken ; coming over he fell sick of the flux , and said he received it by infection , praying over Captain Horton . Coming into Milford , that Captain sends a summons to me , to come on board , that was to fetch this prisoner at the Bar , who was sick . I found him there groveling upon the deck , and sick he was indeed , with much difficulty we got him on shore , within a very few dayes , ( to the best of my remembrance five days ) I perfected his cure . We became very familiar , I observed in him that he had some secret thoughts that I could not well discover , neither well understand , whereupon I thought it might tend to my security that I should so much sympathize with him , to get within him to know his intentions . After some weeks , ( for he continued with me ten weeks , or near thereabouts , some few days , rather over than under ) we grew so familiar , that at last I found he began to inlarge his heart to me . Many times I should hear him rail most insufferably against the Blood Royal , not only against our Martyred King , but against his Royal off-spring , still as we continued our acquaintance , he became more and more open to me , so we would sit up discoursing ( till about twelve or one of the clock at night , very often ) about these unhappy wars late in England . At last , my Lord , I found him , that he began to tell me how he came into England , and upon what account he came out of New England . I shall desire that in regard his discourses were various , that I may deliver them orderly , they were delivered to me within the compass of ten weeks , but the days and weeks I cannot remember . First he told me ( discoursing of New England and the Clergy there , and much of the Clergy here in England , and of the business here of reformation , ) he told me that for the driving on of this interest of this Reformation , he was imployed out of New England for the stirring up of this war and driving of it on , this I shall my Lord speak to in the first place , and that upon the oath I have taken : and secondly , he was pleased at another time to acquaint me , and that by way of complement , complaining then against the Parliament , saying , that sometime after he was come into Engl. he was sent over into Ireland by the Parliament to receive further instructions to drive on the design , to extirpate Monarchy ; saith he , I did dispend a great deal of my own money , yet never had that satisfaction from them which they promised me , that was they promised me 2 or 3000 l. for my journey , and yet they have given me no more but only a small pittance of land out of my Lord of Worcesters estate in Worcester-shire . I have seen his letters directed to his kinsman here in London , as I take it , his name was Parker , advising him for the settling of this land and selling it . Thirdly , my Lord , I have observed , that by way of vilification of the Monarchical Government , I have found him jocundarily scoffing at it , and would ordinarily quibble in this manner , saying , this Common-wealth will never be at peace till 150. be put down . I asked him what this 150. was , he told me three L's , and afterwards interpreted the meaning to be the Lords , the Levites and the Lawyers , with that said I , we shall be like Switzers , Tinkers and Traytors . Now my Lord , we are come to the last particular , we discoursing thus frequently , and withal he was then a Colonel , and had a Commission under that Usurper Oliver , and brought over his Commission for raising of Souldiers to foment that War in Ireland ; that it was so I appeal to the dictates of his own Conscience , and whether he did not press me very importunately to accept of a Commission of Major or a Captain ; he did issue forth two Commissions under his own hand , one of them to bring over from Devon-shire two foot Companies unto Cork . My Lord , because we were militarily affected , amongst the discourses of our unhappy wars , I know not how it came from him , it being near eleven years since , and I have had many sufferings incumbent on me , so that I may fail in some particulars , but in general thus it was : we were discoursing concerning our Martyr'd King , as then we call'd him , and of his Imprisonment in Holmeby-House , which I wondered at , thus we discourst , he told me the story how they had used him at Holmeby , and at last came up to this , when he was taken away from Holmeby . House , the Parliament had then a design to have secured O. Cromwel , and my self being then in London , saith he , we having intelligence of it , escaped out of London , and rode hard for it , and as we rode to Ware we made a halt , and advised how we should settle this Kingdome in peace , and dispose of the King , the result was this ; They should bring him to justice , Try him for his life , and cut off his Head : whether this was the expression of Cromwel I cannot tell ; but to the utmost of my remembrance , and I am mistaken if it was not the advice of Mr. Peters to Cromwel , and I believe it , because his former relations of his instructions out of Ireland did tend to that effect . Mr. Soll. Gen. I will ask you this question , we will not press you particularly upon your memory , whether Cromwel or Peters said the words , do you remember he confessed to you , they were agreed upon that matter ? Young. They did consult and agree upon it . Peters . My Lord , I desire to speak a Word , ( his voice being so low he was brought to the second Bar. ) I am the bolder to speak to your Lordships at this time a word , and it is high time to satisfie my conscience , if these things were true , there is enough said to destroy me , I desire leave to tell you what offence I take at the witness , thus my Lord. This Gentleman I do know — Coun. What say you to him ? Peters . That which I have to say is this , that in his story he hath told that which is not true , but I will not find fault with him , because he was my host , I will not reflect and recriminate , I shall give your Lordships in simplicity as much satisfaction my self as any witness , this I say to the man that speaks , and this is certain , I did indeed spend some time at this Gentlemans house , he is called there Dr. Young , and my trouble at this discourse is this , I do not know my Lord that I found a more violent man for the Parliament than himself ; so far , he undertook to be a spy on one side , this I find to be so , he will not deny it , he was very fierce in that way , I think words of such a man ought to be little attended to . The second is this , this Gentleman is not a competent witness , and that upon a two-fold ground . First , because I know he is under a very great temptation and trouble in this very thing , and it is upon this account , he was put out of his living in the Countrey , and here he came to me to help him again , and was very highly offended because I did not do it . Secondly , it is not that I would invalidate his witness , but give me leave to tell you , it is his way to snap and catch at every man , which is the complaint of the people in his own countrey . I know that same which is spoken is false , I speak it in the presence of God , I profess I never had any near converse with O. C. about such things , I speak this to the Jury , that they would have a care of the witness , I was in sickness then , those that have known me , do know likewise I have much weakness in my head when I am sick , and to take words that are spoken in a sick condition he ought not to do it , for the words themselves I do here profess against them , for the generality of them , and that he hath been freer in my judgement in any communication this way than I have been ; it is marvellous , here I profess the things untruths , I call God and Angels to witness they are not true . I will give you an account of my whole condition by and by , if I may be heard . Court. You shall be heard at large , that which you have been heard now , is concerning the competency or incompetency of the witness : the incompetency against him is this , that when you came thither none more violent for the Parliament than himself , and that he was a great spie , and you say it is usual with him to take such courses ; these are but words , if you have any witnesses we will hear them , the man may be traduced and slandered , and so all witnesses may be taken away . Court. Mr. Peters if you take this course God knows when this business will end , if you have a mind take pen , ink and paper , and take notes of the witnesses , and make exceptions to them one after another . But interrupting one and so another , we shall never have done . Young. I do recollect my self of some other conferences between us , as to my being malicious , I know he never did me any wrong , and therefore I cannot be malicious , and as for my reputation , having resided two years in London , I can have certificates both from my Countrey , and some of this City to vindicate me in that particular . But my Lord , that which I would inform your Lordship is this , he told me he took Duke Hamilton a prisoner himself in his own Chamber , seized on his goods , and took his George and Blue ribband off his shoulder , and this George he shewed me . Wybert Gunter sworn . Coun. Mr. Gunter what can you say concerning a meeting and consultation at the Star in Colemanstreet ? Gunter . My Lord , I was a Servant at the Star in Coleman-street with one Mr. Hildesley , that house was a house where Oliver Cromwel and several of that party did use to meet in consultation : They had several meetings , I do remember very well one among the rest , in particular , that Mr. Peters was there , he came in , in the afternoon about four a clock , and was there till ten or eleven at night , I being but a Drawer could not hear much of the discourse , but the subject was tending towards the King after he was a prisoner , for they called him by the name of Charles Stuart : I heard not much of the discourse , they were writing , but what I know not : but I guessed it to be something drawn up against the King , I perceived that Mr. Peters was privy to it , and pleasant in the company . Court. How old were you at that time ? Gunter . I am now thirty years the last Bartholomew day , and this was in 1648. Court. How long before the King was put to death ? Gunter . A good while ; it was suddenly , as I remember , three days before Oliver Cromwel went out of town . Peters . I was never there but once with Mr. Nathanael Fines . Coun. Was Cromwel there ? Gunter . Yes . Coun. Was Mr. Peters there any oftner than once ? Gunter . I know not , but once I am certain of it , this is the Gentleman , for then he wore a great Sword. Peters . I never wore a great Sword in my life . Mr. Starkey sworn . Starkey . My Lords , in the month of December before the King died , in the beginning of that month , and so towards the 12. of January following , the head quarters of the Army were at Windsor , and Mr. Ireton that is dead ( who was a general Officer of the Army was quartered in my fathers house there ; and by reason of his long residence there , being about two months ( his wife was there too ) My Lords , this Gentleman Mr. Peters he likewise quartered in another place in that town , and Cromwel himself was quartered at one Mr. Bakers that lay low in the town , so that in truth , my fathers house being near the Castle , and there being in it a large room , and in respect that Mr. Ireton was quarter'd there , usually the Council of War sate there : My Lords , I was then in the house constantly , besides this Council of War which did commonly sit there , I did observe that Cromwel , Ireton , and this Gentleman Mr. Peters , and one Col. Rich , and a fifth person whose name I have forgot , did usually meet and consult together , and would sit up till two or three of clock in the morning very privately together , this was their usual course when their Council of War sate , Mr. Ireton came in to supper , but went out again . There were guards upon them . After this time it happened so , that I was often in Mr. Ireton's company , where Mr. Peters coming to him was very often at meals there , but especially at nights , by occasion of that . Mr. Ireton being civil in carriage , would usually entertain discourses with Mr. Peters , likewise would favour me sometimes with discourse ; and in that discourse , I did many times take occasion to assert the laws in point of the King : And discoursing about the King as being a capital instrument in the late Inconveniences , as they call'd it , in the times of the war , Mr. Ireton would discourse this ordinarily : I was bold to tell them , that the person of the K. was solutus legibus , this Gentleman , the Prisoner at the Bar , told me , It was an unequal law . I did observe Mr. Peters , that he did bend his discourse not by way of argument only , but in point of resolution of judgement fully against the Person and Government of the King. I remember some of his expressions were these , That he was a Tyrant , that he was a Fool , that he was not fit to be a K. or bear that office ; I have heard him say , that for the Office it self ( in those very words which shortly after came into Print ) that it was a dangerous , chargeable and useless Office. My Lords , the constant discourse of this Gentleman at that time was such as he did believe would never be called into question , so that it was not a thing that a man was necessitated to observe by an accident , but it was their full and whole discourse . I will put you in mind of a particular passage , When the news came to Windsor , that the King was in Prison at the Isle of Wight , my father whose house that was , was very much troubled at it ; and being an ancient man , was not able to controll his passions with reason , told my mother , that they ( meaning Mr. Ireton , &c. ) should have no entertainment there , and took the key of the Celler and put it in his pocket ; his passions being lessened , Mr. Ireton , his wife and another Officer being at supper , and afterwards my father said Grace , and as he usually did , though they were there , he said that usual and honest expression , praying for the King in these usual words , God save the King , Prince , and Realm ; sometimes they did laugh at it , but never did reflect upon him , but this night he made this expression , God save the Kings most excellent Majesty and preserve him out of the hands of all his enemies : Peters who was then at the Table , turns about to him and said , Old Gentleman , your Idol will not stand long : I do conceive he meant it of the King. For a matter of two months of the constant residence and being of the Army there , I did observe that in the general Council there , and in this private Cabal ( after the business was broke out , and when the King was taken prisoner and carried to Windsor ) Mr. Peters was the constant man : and when the business broke out , I looke upon it in reason that Cromwel , Ireton , and this Gentleman at the Bar , and Rich , and that other Gentleman whose name I have forgot , that they were the persons that did the business . My Lords , Mr. Peters he continued at Windsor , I remember very well , that after the body of the Army , the General and the Officers of the Army were gone to London , he continued in Windsor : I remember a passage of one Bacon who was a Sectary , Mr. Peters being in discourse of the King , Mr. Bacon took great distaste at Mr. Peters for some affront put on the K. Mr. Peters falls upon him and rails at him , and was ready to beat him : we understood it so , because he did tell him of his affronting the King. Coun. Mr. Peters , if you have any thing to ask this Witness , you may . Peters . I have many things to ask him . Did I ever lye there ? Starky . No. Pet. Did you see me there at three of the clock in the morning ? Starky . I have seen you go up at ten a clock at night to Mr. Ireton's chamber , and sometimes I understood you did not go away till four a clock in the morning ; I went to bed , it 's true , but I understood it so . Thomas Walkeley sworn . Coun. Give your testimony what consultations you have had with the Prisoner at the Bar. Walkeley . I came out of Essex in at Aldgate , just as I came in , a Proclamation was read for Tryal of his late Majesty , I went down the next day to the Painted Chamber at Westminster , where I saw Oliver Cromwel , John Goodwin and Peters and others ; John Goodwin sate in the middle of the Table , and he made a long speech or prayer , I know not whether , but Mr. Peters stood there : after John Goodwin had done his prayer , it was desired that strangers might avoid the room ( then came up Cook , and Dorislaus , and Humphreys , and Ask , and Dendy , and several others , and stood by Bradshaw at the upper end of the Table ) But Cromwel stood up and told them it was not necessary that the people should go out , but that was overruled , and so I went out and stayed their rising , and saw this Gentleman Mr. Peters come out with them . After that , when the King was brought to Town a prisoner , the Lord Carew , a very honourable person , meeting with me , saith he , Walkely , if you will see your old Master , go now , or else it may be you will never see him . Where is he my Lord ? said I , saith he , he is coming on this side Brainford . I went to the farther end of St. James Corner , and there I met some of the Army coming , and then I saw his Majesty in his Coach with six horses , and Peters like Bishop Almoner riding before the King triumphing , then after that , in St. James Park , I saw Peters marshalling the Souldiers , and I was forced to go about . My Lord , this is all I can say concerning that , I remember one thing further of him , I heard him in Westminster-Hall say , within a year or two after the Army was raised , If we can keep up our Army but seven years longer , we need not care for the King and all his posterity . Mr. Proctor sworn . Pr. I having occasion to go from London to Windsor , the day that the King was brought from thence a prisoner , a little on this side Brainford , I saw great Troops of horse , I did conceive what the cause was , having heard the King was to be brought up to his Tryal , after I had passed some number of horses , at last I espied the Prisoner at the Bar immediately before the Kings Coach , singly riding before the Coach-horses , and the King sitting alone in the Coach. My Lord , I did put off my hat , and he was graciously pleased to put off his hat , the Troopers seeing this , they threw me into the ditch horse and all , where I stayed till they passed by , and was glad I escaped so . Hardwick Sworn . Coun. When the Proclamation was read in Westminster-hall for tryal of the King , did you see Mr. Peters there ? Hard. I was in the Hall when that ugly Proclamation was Proclaimed , where I saw Dendy , King , and that Gentleman the Prisoner at the Bar in the hall ; After the Proclamation was proclaimed , the prisoner at the Bar came out into the Palace-yard and told them , Gent. saith he , ( a great many Officers Soldiers being there ) all this is worth nothing unless you proclaim it in Cheapside , and at the Old Exchange . Councel . Explain your self , what Proclamation do you mean ? Har. The Proclamation for the High Court of Justice . Holland Simson Sworn . Coun. What do you know concerning the prisoner at the Bar ? Simson . I do know Mr. Peters very well , I have known him these 12. or 13. years . When the High Court of Justice was sitting , both in the Court aud Painted Chamber I saw this Gentleman in consultation there , and at several other places , at Sr. Will. Breretons , and other where . Coun. Did you see him at the Tryal ? Simson . I saw him but not as a Judge . There was one day in the Hall Coll. Stubbards , who was Adjutant General ( he was a very busie man ) and Coll. Axtel . Mr. Peters going down the stairs , comes to him and bids Stubbards to command the Souldiers to cry out Justice , Justice , against the Traytor at the 〈◊〉 . Coun. Who did he mean ? Sim. The King was at the Bar at the same time , whereupon my Lord , the Souldiers did cry out upon the same , and as the King was taken away to Sr. Robert Cottons , some of them spit in the Kings face , but he took his handkerchief , wiped it off and smiled . Peters . I do not know this Gentleman , did he ever see me ? Sim. Yes , divers times in the Painted Chamber , at Sir William Breretons , at the Deanery , in consultation with Bradshaw , and you were admitted and no man else as I know , unless Sir Will. Brereton who came along with you . Thomas Richardson Sworn . Richardson . My Lords , the first day that this Court of Justice ( as they called it ) did adjourn , I went up into the Court , and I saw the Prisoner at the Bar with some more standing in the Court , and I came and stood close by him , and some with him whom I did not know , I heard him commend Bradshaw , the carriage of him in the tryal of the King , and another Cooks carriage : to be short , Mr. Peters holding up his hands , said , this is a most glorious beginning of the work . Sir Jeremy Whitchcot Sworn . Wh. My Lords , I have by accident , not by choice been several times in Mr. Peters company , truly I have heard him speak very scurrilously of the King , amongst the rest , he was making some kind of Narration of Cromwel making an escape , and that he was intended to be surprised , that if he had not presently gone away , he had been clapt up in the Tower , and declared a Traytor , he said there was a meeting of the Officers of the Army , where he used this expression ▪ And th●● we did resolve to set aside the King. My Lord , after this ( it was at another time ) he was speaking of that which they called the High Court of Justice , and I do very well remember this was his expression of it , I cannot but look upon this Court with a great reverence , for it doth resemble in some measure the tryal that shall be at the end of the world by the Sts. This is all that I perfectly remember . It was a great while ago , I cannot speak more punctually , I have seldom heard 〈◊〉 speak of the K. but of the Tyrant . I remember one time he wa● saying he would have preached before the King , but said he , the poor wretch would not hear me . Rich. Nunnelly Sworn . Coun. Was Peters upon the Scaffold at the time of Execution or before ? Nun. On that unhappy day 30. Jan. 1648. this Hugh Peters came an hour before the King came to Whitehall ; I came with a warrant of 40. or 50000.l . to Oliver Cromwel being door-keeper to the Committee of the Army , Nunnelly , sayes Oliver Cromwel , will you go to Whitehall ? Surely you will see the Beheading of the King , and he let me into Whitehall : coming into the boarded Gallery , I met Hugh Peters , and he was in the Gallery , and then I got with H. Peters into the Banqueting-house , being there , Hugh Peters met one Tench of Hounsditch that was a Joyner , meeting him , he speaks to him and whispers in his ear and told him somewhat , I do not know what it was , but Tench presently went and knocked four staples upon the Scaffold , I meeting Tench again , what art thou doing said I ? what will you turn hangman ? saies he , this day will be a happy day ; said I , pray God send it be not a bloody day , upon that H. Peters went upon the Scaffold just an hour before the King came , and then he went off again , I watched at the window , when the Kings head was cut off , and afterwards I saw the Vizards going into a Chamber there , about an hour afterwards ( I staying there at the Door ) there comes H. Peters in his black Cloak and broad Hat out of that Chamber ( as I take it ) with the Hangman , I am sure I did see him go along with the Hangman to take water ; this is all I can remember , it being many years since . Peters . I humbly beg I may be heard in this case , I have here a witness , and I desire he may be examined ; it is noised I was upon the Scaffold , I here call God to witness , I was not out of 〈◊〉 Chamber that day , I was sick that day , I speak in the presence of the Lord. Court. If your witness will stay he shall be heard , there 〈◊〉 more witnesses to the same thing , and so he may speak 〈◊〉 all together . Dr. Mortimer Sworn . Mortimer . Me Lar , me ha serd de King , &c. Court. We cannot understand a word . Coun. He is a Frenchman , my Lord. Court. Pray let there be an interpreter . One Mr. Young was sworn to interpret truly his evidence . But it being afterwards found difficult and troublesome , the Councel waved his evidence , and prayed another witness might be called . Dr. Mortimer . Me Lar , me can peak Englis — Coun. No , no , pray sit down , we will examine other witnesses , call Stephen Clough . Stephen Clough Sworn . Coun. What do you know of H. Peters ? Clough . My Lords and Gentlemen of the Jury , in 1648. I heard of a meeting of the Councel of Officers at Westminster , I think in the Painted Chamber , and I willing ( my Lord ) to hear what their consultations were , I went thither , and was there as one of them , ( but I was not one , ) amongst the rest H. Peters was one , when the room was pretty full the door was shut , Mr. Peters desired to call for a blessing upon their business , in his prayer he uttered these words , O Lord , ( saith he ) what a mercy it is to see this great City fall down before us ; and what a stir is there to bring this great man to tryal , without whose blood he will turn us all into blood if he reign again ! Peters . What day was this ? Clough . It was about three weeks or a month before the King dyed . Peters . Where was this ? Clough . In the Painted Chamber . Peters . You have been very bold . Clough . I speak upon my Oath . Peters . How long was this ago ? Clough . In 1648. Peters . How many years since is that ? Clough . You know your self sure how many years since 1648. Peters . How long before the King dyed do you say ? Clough . About three weeks or a month before the King was murdered . Coun. We shall call a witness to prove , that in Decemb. 1648. there was a solemn Fast appointed to seek God in what they were about , and Mr. Peters was appointed to preach before them . Mr. Beaver Sworn . Mr. Beavers Evidence . My Lord , and you , Gentlemen of the Jury , upon a day that was appointed for a Fast for those that sate then as a Parliament , I went to Westminster to find out some company to dine with me , and having walked bout an hour in Westminster-Hall , and finding none of my friends to dine with me , I went to that place called Heaven and dined there ; after I had dined , I passed through St. Margarets Church-yard to go home again , ( I lay in the Strand , ) I perceived all the Church-yard full of Muskets and Pikes upon the ground , and asked some Souldiers that were there , what was the business ? they told me they were guarding the Parliament that were keeping a Fast at St. Margarets ; who preaches said I ? they told me Mr. Peters is just now gone up into the Pulpit , said I , I must needs have the curiosity to hear that man , having heard many stories of the manner of his preaching , ( God knows I did not do it out of any manner of devotion ) I crouded near the Pulpit , and came near the Speakers Pew , and I saw a great many of the Members there , whom I knew well : I could not guess what his Text might be , but hearing him talk much of Barabbas and our Saviour , and insisting altogether upon that , I guessed his Text was that passage , wherein the Jews did desire the release of Barabbas and crucifying of Christ ; and so it proved , the first thing I heard him say was , it is a very sad thing that this should be a question amongst us , as among the old Jews , whether our Saviour Jesus Christ must be crucified or that Barabbas should be released , the oppressor of the people : O Jesus , said he , where are we , that that should be a question amongst us ? saies he , And because that you should think my Lords and Gentlemen , that it is a question , I will tell you it is a question ; I have been in the City , which may very well be compared to Hierusalem in this conjuncture of time , and I profess those foolish Citizens for a little trading , and profit , they will have Christ ( pointing to the Redcoats on the Pulpit stairs ) crucified , and that great Barabbas at Windsor released , sayes he , but I do not much heed what the rabble sayes : I hope , sayes he , that my brethren of the Clergy will be wiser , the lips of the Priests do use to preserve knowledge , I have been with them too in the Assembly , and having seen and heard what they said , I perceive they are for crucifying of Christ and releasing of Barabbas , O Jesus , what shall we do now ? with such like strange expressions , and shrugging of his shoulders in the Pulpit . Councel . How long was this before the King was murdered ? — It was a few dayes before the house of Commons made that thing called An Act for his Tryal . Coun. What did he say to the Members ? — I am coming to it , sayes he , My Lords and you noble Gentlemen of the House of Commons , you are the Sanhedrim and the great Councel of the Nation , therefore you must be sure to do Justice , and it is from you we expect it ; you must not only be inheritors of your Ancestors , but you must do as they did , they have opposed Tyrannical Kings , they have destroyed them , it is you chiefly that we look for Justice from . Do not prefer the great Barabbas , Murderer , Tyrant , and Traytor before these poor hearts ( pointing to the Redcoats ) and the Army , who are our Saviours : and thus for two or three hours time that he spent , he did nothing but rake up all the reasons , arguments and examples he could to perswade them to bring the King to condign , speedy and capital punishment . Peters . I do not know you , are you sure you saw me at that time ? Do you know me ? — Yes Sir. Peters . I did not preach there at that time . Coun. Pray my Lord will you call Mr. Jessop , who hath the Records of the Parlia . and can produce the Order , whereby you were appointed to carry on the work of that Fast , there was the Order for his preaching , and Order for thanks for his work . Mr. Jessop produced the Journal , wherein was the Order following , which was read . Cl. reads , Die Jovis 7. Septemb. 1648. Resolved that there be a day of publick Humiliation , for this House to seek God in these times of difficulty , and that to morrow be the day and kept here in this House . Resolved that Mr. Peters , Mr. Marshal , and Mr. Caril be desired to perform the duty on the day of Humiliation with the House to morrow . Coun. That is not it we intend , there was one after that in Decemb. 1648. Cl. reads , 20 Decemb. 1648. Ordered that Mr. Peters be desired to preach on Friday next , the day of publick Humiliation at Margarets Westminster , in the place of — Coun. Call Mr. Chase . After this the work went on , and the High Court of Justice sate ; and the first day they sate was Saturday the 20. Jan. in Westminster Hall , the 21. being the Sunday following , I think this Gentleman was at Whitehall , he will tell you what he preached . Mr. Chase sworn . Chase . My Lord , I heard the Prisoner at the Bar preaching before Oliver Cromwell and Bradshaw , who was called Lord President of the High Court of Justice , and he took his Text out of the Psalms , in these words , Bind your Kings with chains , and your Nobles in fetters of iron ; that was part of the Text : But sayes he in his Sermon , Beloved , it is the last Psalm but one , and the next Psalm hath six verses , and twelve Hallelujahs , praise ye the Lord , Praise God in his Sanctuary , and so on ; for what saies he ? look into my Text , there is the reason of it , That Kings were bound in chains , &c. He went on with a story of Major and a Bishop and his man , the Bishops man , saith he , being drunk , the Major laid him by the heels , the Bishop sends to the Major , to know by what authority he imprisoned his servant , the Majors answer was , there is an Act of Parliament for it , and neither the Bishop nor his man are excepted out of it : and applyed it thus , Here is saith he , a great discourse and talk in the world , what ? will ye cut off the Kings head , the head of a Protestant . Prince and King ? turn to your Bibles and you shall find it there , Whosoever sheds mans blood , by man shall his blood be shed , saies he , I will even answer them as the Major did the Bishop , here is an Act of God , Whosoever sheds mans blood , by man shall his blood be shed ; and I see neither King Charles ▪ nor Prince Charles , nor Prince Rupert , nor Prince Maurice , nor any of that rabble excepted out of it . And further he said , This is the day that I and many Saints of God besides have been praying for these many years . Peters . Ask him whether he took notes . Chase . No Sir , but it being so memorable a Sermon , I took special notice of it , I came to my Brothers house at Shoolane , and told him ; said I , Brother , I have been at White-Hall , and have heard the most execrable business that ever was heard in the world by a Minister of the Gospel , and I told him the words ; I observed that Oliver Cromwell did laugh at that time when you were Preaching . Tho. Tongue sworn . Coun. What do you know of the Prisoners preaching ? Tongue . Upon Jan. 21. 1648. I was at Whitehall where this Gentleman preached , and he preached upon this Text , 149. Psalm v. 8. To bind their Kings in chains , and their Nobles in links of iron ; in which Text this Peters did much applaud the Souldiers there , he said he hoped to see such another day following as the day before , and that blessed be God ( saies this Parson Peters ) the House , the lower House is purged , and the House of Lords themselves they will down suddenly , this is all that I well remember at that time . Upon the 28. of January 1648. next day after sentence of the King , I heard Peters preach upon this Text in S. James's Chapel , 149. Psalm 6 , 7 , 8. 9 , verses . Let the high praises of God be in their mouth , and a two edged sword in their hands , to execute vengeance upon the heathen , and punishment upon the people , To bind their Kings with chains , and their Nobles with fetters of Iron , To execute upon them the judgement written , this honour have all his Saints , praise ye the Lord : And there he did so saint the Redcoats , and so reprobate the poor Kings friends . And in the middle of his Sermon he took occasion to produce a Text 14. Esay 18 , 19 , 20. All the Kings of the Nations even all of them lie in glory ▪ every one in his own house . But thou art cast out of thy grave like an abominable branch , and as the raiment of those that are slain , thrust through with a sword , that go down to the stones of the pit , as a carkass trodden under feet , Thou shalt not be joyned with them in burial , because thou hast destroyed thy land , and slain thy people , the seed of evil doers shall never be renowned : saies he , This I did intend to insist and preach upon before the poor wretch , and the poor wretch would not hear me . Coun. Who did he mean ? Tongue . His Majesty , who was the day before condemned , saith he , look in your lesser Bibles , and you shall find the title is , The Tyrants fall . Coun. That that was spoken of the King of Babylon , the ignominy that was cast upon him , he applies it to the King of England . Peters . Ask him where it was ? Tongue . It was in S. James's Chapel , Sunday the 28. of Jan. 1648. in the forenoon . Reynold Bowdler Sworn . Bowdler . That which I have now to say is this , I did hear him a few daies before the King was murthered , preach in S. Sepulchers Church , there he compares the King that was then to dye to Barabbas a murderer , and in this manner , saith he , There is a great company amongst us , like the Jews , they cry out , Let Christ be crucified , and let Barabbas be released , still comparing the King to Barabbas the murtherer , these were his words , with many more to the same purpose . William Ryder Sworn . Coun. Speak what you know concerning the Prisoner . Ryder . I was at the same time at Church in S. Sepulchers . Coun. How long was that before the King dyed ? Ryder . It was very near the Kings death . Coun. Was it after the High Court of Justice sate , as they called it ? Ryder . About that time it was . My Lord , assoon as ever he had read the words of his Text , which was , He shall call his name Emanuel , he presently shook hands with his Text , and fell ( as he was wont ) to news , and there he said , the great inquiry now is to know what should become of the King , let that alone , saith he , and presently he falls to it again , and was pleased to stile the King Barabbas , saith he , there is a great many of the people had rather Christ should be crucified than Barabbas , and here he was applauding the Souldiers , and said that Emanuel was written upon the bridles of their horses , and he was speaking of the Kings Souldiers , saith he , I have known eighty thousand of them , and not one of them a gracious person . Coun. Now we expect the Answer of the Prisoner at the Bar , the Indictment hath been fully proved . Peters . I desire that witness may be admitted which I spoke of , his name is Cornelius Glover . Coun. We have omitted one evidence , we desire Master Walker may be called . Mr. Walker Sworn . Walker . On Sunday after the King was first brought to his tryal , out of curiosity , I went to hear Mr. Peters at Whitehall , after he had made a long prayer , saith he , I have prayed and preached these twenty years , and now I may say with old Symeon , Lord now lettest thou thy servant depart in peace , for mine eyes have seen thy salvation . Afterwards he speaks of the Text , of binding their Kings in chains , &c. then much reviled the King : but soft there , saith he , I must not talk so here , I am in the Kings Chapel : there is a very remarkable passage in Amos , Amos went to preach , and Amazia would not let him ; but Amos would preach , the poor wretch would not hear me , but yet I will preach . Afterwards he speaks of the Major of Exeter that committed the Bishops servant for being drunk , saith the Major , here is an Act of Parliament for it , and I do not see that the Bishop nor his man are either of them excepted out of the Act : and saith he , in Scripture it is said , Whosoever sheddeth mans blood , by man shall his blood be shed ; and I do not find that either King Charles , Prince Charles , Prince Rupert , Prince Maurice , or any of that rabble are excepted . Coun. Now Mr. Peters you may call your witness . Cornelius Glover , not sworn . Lord Chief Baron . Where do you dwell ? Glover . In Pauls Church-yard . Lo. Ch. Bar. What is your quality of life ? Peters . A servant of the Kings . Lo. Ch. Bar. I do not ask you , Mr. Peters . Glover . I belong to the Post-house . Peters . Pray hear him speak . L. Ch. Bar. What would you have him asked ? Peters . Whether I was out of my Chamber that day the King suffered ? Lo. Ch. Bar. What say you to that ? Glover . I was come to Mr. Peters a little before that time to live with him as his servant , it fell out that day he was ill in his chamber all the morning , the Souldiers in S. James's-house were all gone away , I had a desire to go see the meeting where they were at Whitehall , saith he , thou seemest to have a great desire to go and look about thee , it is very sad , but if you will go you may . I did go over the Park . Coun. What time ? Glover . About noon . Coun. What hour ? Glover . I do not know . I did not stay there , the soldiers and the people fill'd the place , and I went back again to the chamber , I came back again within a matter of an hours time . Coun. Was the King dead before you came back again ? Glover . They said he was not , when I went home he asked me what was doing ? I told him there was a great croud , I could not come near : I staid there an hour , and then went out again , and still there was a croud , and I came back again , and M. Peters was in his chamber then . Coun. Was he in bed , or up ? Glover . I do not remember . Coun. How old were you then ? Glover . I am not above 32. or 33. Coun. Was Mr. Peters sick ? Gl. Yes , He was melancholy sick , as he used to be . L. Ch. Bar. How long have you been at the Post-office ? Gl. About five years . L. Ch. Bar. M. Peters have you any more to ask him ? Peters . I brought him to testifie that I was not out of my Chamber that day , and that I was sick . L. Ch. Bar. Did you desire to go , or did he send you ? Gl. I did desire to go being newly come to London . Lord Ch. Baron . This Gentleman though not upon oath is examined , and it is only to one particular , nothing at all to the main proofs . Peters . I bring him only to vindicate my self from that aspersion of my being upon the Scaffold . L. Ch. Bar. They do not lay the weight of their evidence upon that . The Kings Councel have done with their evidence , if you have any thing to say , you have your liberty . Peters . May it please your Lordships , I will give you an account of the business , I lived fourteen years out of England , when I came over I found the wars begun , I began no war , my Lord , nor have been the Trumpeter , when I came out of the West Indies , I fled from the War into Ireland , to the Western part there , and it was after the Rebellion , when some of the Irish had been stirring there , I went and spent my time there . I was neither at Edge-hill nor Naseby , but my Lord , after I came over there was War that the people were engaged in , I was not here in the beginning of it , but was a stranger to the carriage of it . When I came into the Nations , I looked after three things , one was , that there might be sound Religion . The second was , that learning and Laws might be maintained . The third , that the poor might be cared for , and I must confess I have spent most of my time in these things , to this end and purpose ; there was a noise in all parts of some miscarriages in matters of Religion , after it was setled I lived in Ireland , I must profess for my own part solemnly that my carriage hath been upon these heads . For Religion I have , through Gods mercies , spoke the truths of the Protestant Church , upon this account I did stay to see what God might do , I was sent over to his Majesty that we might have a little help in point of Excise and Customes , and encouragement in learning . My Lord , this is true , that I being here in the Nation , and being sent over upon the occasions of the Countrey , and not upon any design , but this I say , ( I cannot deny it ) that after I came over , and had seen the state of England , in some measure I did stir , but by strong importunities , the Ministers of London deeper than I : I am very sorry to hear of my carriage towards the King , it is my great trouble , I beg pardon for my own folly and weakness , I thought God had a great controversie with the Nation , and the Lord was displeased on all hands , that which some people took to , I did take unto , I went into the Army , I saw at the beginning of it , that corruptions grew among them , I suppose none can say I have gone aside from any Orthodox truth of the Lord : And now to take off the scandal upon me , and to the business , let me beg of your Lordships to consider whatever prejudices or revenge may take up mens hearts , there is a God that knows all , God hath a regard to the people of England . I look upon this Nation as the Cabinet of the world . That that doth concern the business is this , my Lord , that after this time hither I came , and did bear witness to all the world that there was amongst us something that was for better , and some thing worse for the Nation , I took advice of some great persons concerning the weightiness of it , I had neither malice nor mischief in my heart against the King , upon this I did engage so far as being invited , I went into the Wars , and there I found very strange and several kinds of providences , as this day hath been seen ; I do not deny but that was active , but not to stir in a way that was not honourable . I challenge a great part of the Nations to manifest my carriage among them , I shall make it good divers ways , I had so much respect to his Majesty particularly at Windsor , that I propounded to his Majesty my thoughts three ways to preserve himself from danger , which were good as he was pleased to think , though they did not succeed , and the work died ; as for malice , I had none in me . It is true , there was a difference amongst us , an Army , and an Army , I never had a groat or penny from O. Cromwel since I knew this place , I profess I have had no ends for honour or gain , since I set foot upon this shore , I challenge any man that belonged to that party , whether they had not the same respect from me as my own party , I have not persecuted any with malice , I will only take off malice . L. C. B. Your business is matter of fact . Peters . I am unskilful in Law , this that I offer , is to shew that I had no malice in me , I was so far from malice , that I have a Certificate , if worth the reading , from one of the Eminentest persons in the Nation , to shew I had no malice . It is concerning the Marques of Worcester under his Ladies hand , beginning with these words , I do here testifie that in all the sufferings of my husband , Mr. Peters was my great friend , &c. I have here a seal , ( and then produced it ) that the Earl of Norwich gave me to keep for his sake , for saving his life , which I will keep as long as I live . L. C. Bar. I am not willing at all to interrupt you , or hinder you , that which you speak of doing good services is not at all to the point , we do not question you for what good you have done , but for the evil you have done , I hope there is no malice in your heart , nor upon the Court nor Jury , we and they are upon our Oaths , you hear the matter alledged against you , pray come to the matter . Peters . My Lord , I cannot remember them . Lord Ch. Baron . Then I will remember you , you are charged by this Indictment for compassing and imagining the death of the King , and there is set forth sundry particulars to prove the overt act , that you with other persons named in that Indictment , did consult and meet together , how to bring about the Kings death . Then you are charged with several Acts of contriving and endeavouring the Kings death . Overt acts that tend to the compassing or imagining the Kings death , or any one of these ▪ to encourage the bringing on the King to his death , the consulting or meeting together about it , though you did not sit or sentence ; yet if you did any thing tending to that incouragement , or otherwise abet it , comfort or any wise ayd those trayterous persons that did it ; in the doing of it you are by law guilty of the whole fact : the proposing and determining the King shall die , though you were not he that actually put him to death , yet notwithstanding , if you did the other , you are guilty of all ; if you shall speak any seditious speeches , be they in the Pulpit or out of the Pulpit , if you shall utter any thing that tends to sedition , these are open acts , which prove the imagination of the heart , though imagination of the heart be Treason , yet it cannot be proved but by open acts , yet the imagination it self is Treason ; first you did conspire , all the witnesses go along to prove this . Dr. Young saith , you came over from Ireland to his house , and after five days that you were recovered of the Flux , you staid there ten weeks , you said your self , there was enough if it were true , to condemn you or any man : I shall repeat it to you , you told him a narrative , that you came from New England , from thence to Ireland , and then you came to Holland with an intent to see how you might bring on the Kingdom to be a Commonwealth : next he saith , you spake very often against the King by way of disgrace against him and his family , against the King and his off-spring , this you said very often : then you spake in vilification of Monarchical Government , that this Commonwealth would never be at peace till 150. or three L's , Lords , Levites , and Lawyers were taken away , at which he replyed , then they must be all Switzers , Tinkers or Traytors ; he swears you were a Colonel , and had a Commission ; that you would have had him accept of a Commission , and that you had two Companies come from the West , you told him the Parliament had an intent to secure Cromwel and your self , but that you rid hard for it , and then you confessed you agreed then upon his death , to bring him to tryal , and to cut off his head ; you did agree together , and he believes it was your advice to Cromwel ; your answer was this , that he was more violent than your self , that he took upon him to be a spie , and that he was no competent witness , because he was under a temptation , because you did not help him to his living , and so conceived it to be malice ; you say , he was used to take up such courses in his own Country , the matter is not whether you had malice to the Kings life or Monarchy . For the next , one Gunter , he swears , that he was a Servant to Mr. Hildesly , at the Star in Coleman-street , and this was in 1648. he saith , that many of the party of Cromwel did use to resort thither , among the rest ▪ he saw you , he said he came in to them , and their discourse was about Charles Stewart , and the Prisoner — and did guess it was about the King , that you were privy to it then ; he saih this was three daies before O. Cromwel went out of Town , the effect of that is urged no further than this , that you were so far of the Cabal , that you were present with those persons , Cromwel , Ireton , Rich , and others ; you said , I was there once with Mr. Nathaniel Fines : Starkey he saith , that at his Fathers house Ireton lay , and was quartered there at Windsor , before and when the King was Prisoner ; that you had your quarter there , and Cromwel too in that Town : The general meeting of the Councel of War was at his Fathers house , there Ireton and his Wife lying there , you came and resorted thither very often ; he saith then , that it appeared that after the Councel of War had done , many times Rich , and you , and Cromwel and Ireton , were there together , sometimes till two a clock in the morning ; he saith then , that he did observe there was a fifth person , ( he did not remember his name ) & you sate up usually till two or three in the morning , you had guards about you ; he saith further , that Ireton being a Domestick , he often discoursed with him , and you came sometimes to be there too , that there being some discourse concerning the King many times he did assert the Law concerning him , that he was solutus legibus as to his person ; that you should say , that it was an unequal law , and that you did then discourse fully against the K. Government : you said he was a Tyrant and not fit for that office , that the office was useless , chargeable and dangerous ; these very words he observed , which afterwards were printed , when they took away Monarchy . He saith further , that was their full and whole discourse ; he saith , that his Father at Supper used to say that usual Grace , God save the King , Prince and Realm , but afterwards , that he heard the King was made a Prisoner , that his Father altering the Grace , he said , God save his most Excellent Majesty , and deliver him out of all his Enemies hands , you rose up , and said , old Gentleman your Idol will not stand long . That he did observe you often with them ; he saith further , when Bacon was coming out , and speaking some words concerning your frequent affronting the King , you took up a staff and were ready to beat him , and made an uproar : it appears also of your being privy to Cromwels actions ; the next witness is Walkeley , and he swears this against you , that he was in the Painted Chamber the next day after the Proclamation was made , and there he saw John Goodwin and You , and there was an assembly , and at the middle of the Table John Goodwin was , and made a long speech or prayer , that Cromwel would have had the people stay there , but it was ordered they should be turned out , at the end he saw you come out with the rest ; there it appeared you were in the consultation ; he saith , he met the Army at St. James's , and there , when they were half past , he saw the King in his Coach , and there he saw Mr. Peters like Bishop Almoner riding immediately before the King ; and at St. James's Park he saw you marshalling the Souldiers , that he was forced thereupon to go about ; he saith further , that within a year or two after the Army was raised , he heard you say these words , If we can keep up our Army seven years longer , we need not care for the King and all his posterity . Peters . My Lord , I must deny abundance of this , the King commanded me to ride before him , that the Bishop of London might come to him . L. Ch. B. But this was three weeks after — The next witness against you is one Proctor , he saith , that day ( as the other witness did ) he saw you riding just before the Kings Coach , and because he did his duty the Souldiers threw him horse and all into a ditch . The next witness is one Hardwick ▪ he saith , that when the Proclamation was read , he saw you in Westminster-Hall , and that you said , they had done as good as nothing , unless it was proclaimed in Cheapside , and at the old Exchange , this you said to some of the Officers there . Peters . My Lord , I cannot acknowledge it . L. Ch. Bar. The next witness against you is Simson , he swears he saw you in consultation with Oliver Cromwel and take Sir William Brereton by the hand , and come to Bradshaws , and this during the time of the Kings Tryal , he saith further , that one day when the King was at his Tryal you commanded Colonel Stubbers to bid his Souldiers cry out , Justice , Justice , which they cryed , and afterwards some of the Souldiers spit upon the King. Peters . I do believe that he that swore that , cannot say I was there . L. Ch. Bar. Another witness is one Richardson , who saw you the first day in the Court ; and he said further , that you commended Bradshaw and another , to wit , Cook , for their carriage in the tryal of the King. That you held up your hands , and said , this is a most glorious beginning of the work . Peters . Whereabouts in the Court ? Richards . In the body of the Court , called then the High Court of Justice . Peters . My Lord , I do not know that ever I was in the body of the Court. L. Ch. Bar. The next witness is Sir Jeremy Whitchcot , he saith , he heard you often speak scurrilously of the King , and making a Narrative of Cromwels escape , you said there was a meeting , and there we resolved to set aside the King ; remember what the other witness said ; we agreed , and here we resolved : you said , I cannot but reverence the High Court of Justice , it doth resemble the judging of the world at the last day by the Saints , so it was the Saints that sate there : I would have preached before the wretch , but the poor wretch would not hear me : you often call'd him Tyrant , I cannot possibly remember the place , things or words that are alledged . Then you have another witness Nonnelly , he saith , he came with a warrant to Oliver Cromwel for some money , and that he should say , go and see the beheading of the King at Whitehall , he saith , there he met with you , ( though you said you were not there that day ) going to the Banquetting house , that you spoke to Tench and whispered in his ear , and that Tench went and knockt Staples on the Scaffold ; he meeting Tench said , what are you a Hangman ? saith Tench , this day will be a happy day ; he saith , after all this Hugh Peters was upon the Scaffold , and that he went out with the Hangman — Peters . I do profess to your Lordships before Angels and men , that I did not stir out of my Chamber that day . L. Ch. B. The Council doth not put relyance upon that , because of what your witness saith , though his evidence is not at all satisfactory . The next is Clough , and he swears this , that he saw you in the Painted Chamber with the Council of Officers , and there you desired them to call on God for a blessing upon their business , and there you said , O Lord what a mercy it is to see this great City fall down before us , and what a stir is there to bring this great man to tryal , without whose blood he will turn us all into blood if he reign again , and this was about a month before the King was murthered . L. Ch. Bar. You hear it Mr. Peters . Peters . Some part I did , but it is impossible for me to bear down many witnesses , indeed my Lord , I say this , they are marvellous uncharitable , and speak many false things . L. Ch. Bar. The next is this , the testimony concerning several Sermons of yours ; and let me tell you , the Pulpit ought not to be a place where men with impunity may speak any thing , what they list of Sedition and Treason . Peters . I am of the same judgement my self , my Lord. L. Ch. Bar. And there was a solemn day to seek God , then you preached at St. Margarets Church , this was Mr. Bever , in he came and heard you talk much of Barab . and our Saviour , there you fell upon this , speaking of the K. it is a sad thing that it should now be a question , whether we should crucifie our Saviour Jesus Christ , or that great Barabbas , speaking of the King ; you call'd him Traytor , Tyrant , Murtherer of his subjects , and the like , you went on in a way of a story , these Citizens for a little Trading they will have Christ crucified , and the great Barabbas at Windsor released , and said you , the Clergy , the Assembly , they are all for crucifying Christ and releasing Barabbas ; you made that expression , O Jesus , what shall we do ? the King was a Prisoner then at Windsor , you made your application to the Parliament that was then present , you told them the people did expect Justice from them , you must not prefer the great Tyrant and Traytor , naming the King , to these poor hearts ( the Redcoats standing by . ) Peters . I must profess against most of that . Lord Chief Baron . There is the same by others . It is further proved by the Order that you were appointed to preach . Peters . I do not deny I preached , but not these things . Lord Chief Bar. The next thing is this , there was one Mr. Chase , this was during the tryal , he saith you preached at Whitehall upon this Text , the 149. Psalm , to bind their Kings in chains , and their Nobles in fetters of iron : you had two or three other verses more ; then you made a discourse of a Major and a Bishops man , the Bishops man being drunk , the Major committed him to prison , the Bishop being angry , asked by what authority , the Major said , there was an Act of Parliament for it , he did not find that either the Bishop or his man was excepted , you applyed that to the King , said you , I will shew you an act of the Bible , Whosoever sheds mans blood , by man shall his blood be shed , this doth not except the King , Prince , Prince Rupert , Prince Maurice , or any of that rabble . Peters . It is false . Lord Chief Baron . You said further , This is the day that I and many other Saints of God have prayed for these many years ; and Oliver Cromwel laughed at that time . The next witness was Tongue , he heard you preach , and he swears the same with the former ; that you applauded the souldiers , and that you hoped to see such another day following , as the day before , and that blessed be God the house is purged , and the Lords will be shortly pull'd out ; and the twenty eighth day of January , which was the day after the King was sentenced , at Saint James's his Chappel , you took for your Text the 149. Psalm , the 6 , 7 , 8 and 9 verses , whereof these words were part , To bind their Kings in chains , and their Nobles with fetters of iron , there in the middle of that Sermon having spoken before of the King , you said you did intend to preach before the poor wretch , upon the 14 of Isaiah the 18 , 19 and 20 verses , speaking of all the Kings of the nations , Thou art cast out of thy grave like an abominable branch , &c. he saith further , you said look upon your lesser Bibles , and you will find the title is , The Tyrants fall . There is another witness , that is one Bowdler , a few days before the Kings death , at S. Sepulchres , there you fell upon the old comparison , all along you compared the King to Barabbas , and that a great many would have Christ crucified , and Barabbas released , all along comparing the King to Barabbas . One more , and that was Ryder , he heard this text , He shall call his name Emanuel , you fell to speak of news , what shall become of the King ? and you said the King was Barabbas , and a great many would rather have Christ crucified than Barabbas . And then Mr. Walker he saith , that after the King was first brought to his tryal , he heard you say this , I have prayed and preached this twenty years , and now may I say with old Simeon , Lord now lettest thou thy servant depart in peace , for mine eyes have seen thy salvation : he mentions that you made use of the other comparison of the Major and the Bishops man , and inferred from thence , that the King and Prince , &c. were not excepted out of the Scripture , where it is said , Whosoever sheds mans blood , &c. you have heard all this witnessed against you , what have you to say for your self ? Peters . These are but single witnesses . Lord Chief Baron . The statute is two witnesses for Treason , but not two to one individual thing , though there are several witnesses have proved the same thing about Barabbas and our Saviour . Bind their Kings with chains , &c. and of your other actions there is a whole Jury of witnesses , two witnesses expresly , we agreed upon the Kings death , and we resolved to set the King aside . Pet. I do not know the witnesses . Lord Chief Baron . One is Sir Jeremy Whitchcot , the other is Doctor Young , you shall do well if you have any thing to say to invalid these witnesses to speak to it , else the Jury will be sent together to deliver up their verdict . Peters . My Lord , if I had time and opportunity , I could take off many of the witnesses , but because their testimony is without control , I cannot satisfie my self , I have no skill in the Law , else I might have spoke for my self ; I do not know what to say more , unless I had more time and counsel . Mr. Soll. Gen. If the prisoner can say no more , here is this in it , here are five places where he did consult about the Kings death , at Windsor , at Ware , in Colemanstreet , in the Painted Chamber , and in Bradshaws house ; and four witnesses to prove this ; there are two witnesses to his comparison of the K. and Barabbas , and two witnesses to his text of binding their K. inchains , &c. proof that he hath been in action in New-Eng . that he came from it with that intent , and then went to Holland , that he had been in arms , that he called the day of his Majesties tryal a glorious day , resembling the judging of the world by Saints , he prays for this in the Painted Chamber , preaches for it at Whitehall , S. James's Chapel , Sepulchres , what man could more contrive the death of the King than this miserable Priest hath done ? the honour of the Pulpit is to be vindicated , and the death of this man will preach better than his life did , it may be a means to convert many a miserable person whom the preaching of this person hath seduced , for many come here , and say they did it in the fear of the Lord , and now you see who taught them , and I hope you will make an example of this carnal prophet . The Jury went together and after a little consultation settled in their places . Cl. Are you agreed in your Verdict ? Jury , Yes . Cl. Who shall say for you ? Jury . Our foreman . Cl. How say you , is the prisoner at the Bar guilty of the Treason whereof he stands indicted , or not guilty ? Foreman . Guilty . Cl. And so you say all ? Jury . Yes . Cl. Look to him Keeper . Coun. We desire Mr. Cook may be brought to the Bar , and that they may both have their judgement pronounced . Cl. John Cook hold up thy hand , what hast thou to say why the Court should not pronounce judgement for thee to dye according to Law ? Cook. I have a few words , matter of Law : First , there is no averment in the Indictment that J. Cook mentioned in the Act of Indempnity , is the same with the John Cook mentioned in the Indictment , and that I am the John Cook mentioned in both . L. Ch. Bar. This will not help you in this case , you have owned and have pleaded by the name of John Cook. Cook. The second is this , that the overt acts should be particularly expressed in the Indictment . L. Ch. Bar. This cannot be alledged in arrest of judgement , the Jury have found you guilty of compassing and imagining the death of the King , by the statute of 25 Edw. 3. and this cannot help you . Cook. I say it was professionately . L. Ch. B. That hath been overruled already , we have delivered our opinions ; the profession of a Lawyer will not excuse them , or any of them from Treason , and this hath been overruled and is overruled again . Cook. I humbly conceive that the remaining part of the House of Commons were to be Judges whether there was a force or not . L. Ch. B. This is all past and overruled . Cook. Then I have no more . Cl. Hugh Peters , Hold up thy hand , what hast thou to say for thy self why Judgement should not pass against thee to die according to law ? Peters . I will submit my self to God , and if I have spoken any thing against the Gospel of Christ , I am heartily sorry . Silence Commanded . L. Ch. Bar. You are both persons of that ingenuous and liberal education as I hope I shall not need to tell you what it is to die , you have had a great a deal of time to think of it ; you could not but think of this issue of your doings long ago , and therefore I shall spare my labour of telling you what it is to die , and of that eternity that you are to enter into , only give me leave in a few words in relation to both of your professions to say something , to shew the nature and hainousness of this offence , the murther of the King , if you were not actually guilty of putting the King to death , nay , admitting ( in charity ) you had no intent to go as far as you did , you are by the laws of Christ , and this Nation , guilty of high Treason , in that , you that are a Lawyer know very well ( and I speak it that you may lay it to your heart in the convictions of your conscience . I must say to you as Joshua said to Achan , my son give glory to God and confess , and it would become you so to do , ) you know very well it is the law of this Nation , that no one house nor both houses of Parliament have any coercive power over the King , much less to put him to death ; you know ( as you cited very well ) that the imprisoning of the King is Treason . You know both of you , this is an undoubted truth , the rule of Law is , that the King can do no wrong , that is , the King can do no wrong in the estimation of Law , he may do some particular Acts as a private person ; but he can do little prejudice in his own person ; if he would hurt any , it must be by Ministers , in that case the Law provides a remedy , if he doth it by Ministers , they must answer for it . The King of England is one of those Princes who hath an Imperial Crown , what is that ? It is not to do what he will , no , but it is , that he shall not be punished in his own person if he doth that which in it self is unlawful . Now remember this when you took the oaths of Allegiance and Supremacy ( I presume you both did so ) what was your oath of Supremacy ? It was this , that the King was the only Supream Governour of these Realms , it goes farther , as he was Supream Governour , so he was the only Supream Governour , that excludes Coordination , you swear farther , that you will to the utmost of your power defend the King against all conspiracies and attempts whatsoever , truly you that were a Lawyer when you had thus sworn , your fee could be no excuse against what you had sworn to . We know that the King in his politick or natural capacity , is not only salus populi but salus Reipublicae . The Law hath taken care that the people shall have justice and right , the Kings person ought not to be touched , the King himself is pleased to judge by the Law , you see he doth by Law question the death of his Father , he doth not judge it himself , but the Law judges it . Mr. Peters knows very well he subscribed the 39. Articles of Religion , look upon them that were made in 1552. and upon those Articles that were confirmed in 13. Elizabeth , the King is there acknowledged to have the chief power in these Nations , the medling with the King was a Jesutical doctrine ; This I speak not that the King should or ought to govern but by the Fundamental laws of the land , they that keep within the bounds of the law are happy , you that are a Lawyer , know this in point of law , and you that are a Divine , know this in point of Divinity . You both know the truth of it , and when you have thought upon it , I hope you will reflect upon that horrid crime , the shedding of Royal Blood. You see he had granted all those grievances of the people , taken them away , secured them for the future , and at this very time , when this horrid act was done , you see he had granted all at the desire of the people , he had made those concessions such , as ( were it not in respect of others more than those that treated themselves ) they thought was more than could be expected by the Nation . You that had a hand in the Kings death , it falls upon you , the guilt of it , because you were some of those instruments that assisted those persons that broke the Treaty , prepare your selves for that death which you are to die , it is a debt which we all owe to nature , if in this case there is something of shame comes to you , it is that you must take as part of the reward of your sin . The only work I have now to do , is to pronouce the Judgment , and this is the judgment of the Court , and the Court doth award , That both of you be led back to the place from whence you came , and from thence shall be drawn upon a hurdle , &c. and the Lord have mercy upon your souls . Cl. Cryer make proclamation . Cryer . O yes , &c. All manner of persons , &c. and all Jurors and witnesses , are to appear at this place to morrow morning at seven of the Clock in the morning upon pain of 100. l. a piece . So God bless King Charles &c. 15. Octo. 1660. at the Sessions House in the Old Bailey . The Tryal of William Howlet . Memorandum , that the Bill of Indictment against William Hewlet alias Howlet was found at Hickes-hall 12 Octob. instant . Proclamation of the Court being made , Clerk of the Crown . SET William Hewlet alias Howlet to the Bar : which was done accordingly . Cl. William Hewlet alias Howlet hold up thy hand . Thou standest Indicted of High Treason in the County of Middlesex , by the name of William Hewlet alias Howlet , for that thou , &c. How sayest thou , art thou guilty of the High Treason whereof thou hast been Indicted and art now arraigned , or not guilty ? Hewlet . I am not guilty my Lord. Clerk. How wilt thou be tryed ? Hewlet . By God and the Country . Cl. God send thee a good delivery . Set him aside . Octob. 15. 1660. Clerk of the Crown . Set Axtell to the Bar ; which was done accordingly . Clerk. Daniel Axtell hold up thy Hand . Axtell . Pray my Lord , let me have Pen and Ink. L. Ch. Bar. Give Mr. Axtell Pen and Ink. Cler. Daniel Axtell , these men that were last called of the Jury are to pass , &c. if you will challenge them or any of them , you must challenge them when they come to the Book before they are sworn . L. Ch. Bar. Do you know how many you have liberty to challenge ? because I would not have you misinformed , 35 you may challenge peremptorily , and no more . Axtell . I thank you Lordship . L. Ch. Bar. Unless you have any particular cause ; if so , you may challenge more . Axtell . I confess I am wholly ignorant of the law . John Kirke , John Smith , Thomas Morris , Ralph Halsell , John Sherecroft , Francis Beale , Robert Cromwell , John Gallyerd , John Shelbury , George Rithe , were called , and by the Prisoner challenged . Thomas Bide , Charles Pitfield , Robert Sheppard , William Dod , Thomas Vsman , William Maynerd , George Plucknet , Samuel Harris , John Nicoll of Hendon , Henry Marsh , Thomas Bishop , Thomas Snow , in all 12 were admitted , and sworn of the Jury . Cler. of the Crown . If any man can inform my Lords the Kings Justices , &c. Cl. Daniel Axtell hold up thy hand . Look upon the prisoner you that are sworn , and harken to your charge ; you shall understand that the prisoner stands Indicted , &c. K. Council . May it please your Lordships , and you Gentlemen that are Sworn of this Jury , The High Court of Injustice that was Erected for Tryal of the late King , it had all the formalities of a Court to put in Execution that bloody Act ; they had their President , their Council , their Chaplain , and their Guards : some of their Judges have been already Tryed , one of their Council , and their Chaplain . Now my Lord , we come to the Guards , and this Gentleman at the Bar , that is now the Prisoner , He was Commander of that Black Guard , that cruel and bloody Guard : The Indictment is , That he did Imagin and compass the Death of the King ; there be several overt acts that are mentioned in the Indictment as Evidences of that Imagination , as the consultation to bring him to Tryal , the Actual bringing him to Tryal , and the Bloody Execution upon the Scaffold ; Our Evidence shall be this , That during the time of the Tryal , the Prisoner at the Bar did Command the Souldiers in Westminster-Hall , himself did keep the Entrance into the Court , and when Bradshaw did speak to the King and told him he trifled away time , and required his answer to the charge exhibited in the Name of the Commons of England Assembled in Parliament , and the good People of England ; that a Noble person in the Gallery there cryed out , it was a Lye , saying , that above half the Commons disowned it , saying , where are these good people ? it is a lye , Oliver Cromwel is a Traytor ; this bloodly Fellow commanded the Souldiers to shoot her : he did several times command and encourage the Souldiers to cry out Justice , justice ; and the last day of that horrid Tryal , called by them , the day of Judgement ; he likewise commanded them to cry out Execution , Execution , and when some of them would not do it , he had the Valour to Beat them . My Lords and Gentlemen of the Jury , if we prove any of these particulars to demonstrate unto you that he was Guilty of compassing and imagining the King's Death , it is equal as if we had proved he did Actually cut off the King's head . Mr. Bodurdoe , Mr. Nutly , Mr. Harrington , Sir Purback Temple , Mr. Sympson , Mr. Baker , Mr. Huncks and Mr. Jeoner Sworn . Coun. Mr. Symp. tell my Lords and the Jury , who had the command of the Souldiers during the Tryal of the King in Westminster-Hall . Sym. My Lords ( as I said before in the Case of Mr. Peters , ) Col. Stubberd and Col. Axtel had the command of the Souldiers below Stairs , near that which was called the High Court of Justice . Axtell . I desire to know his Name my Lord ? Sym. My Name is Holland Sympson . Coun. Did you see him there commanding the Souldiers ? Sym. There was a kind of a Hubbub in the Court , there was a Lady ( they said it was the Lady Fairfax ) who at the Exhibiting of the Charge against the King , said to be in the Name of the Commons and people of England ; She spoke out aloud , and said , it was a lye , that not half , not a quarter of the people , Oliver Comwell is a Rogue and a Traytor ; they called for a Guard , this Gentleman he was called , and brought up some Musqueteers , and commanded his Souldiers to Present and give Fire against the Lady , and commanded her to Unmask . Axtell . What Lady was it , I desire to know ? Sim. She went by the name of the Lady Fairfax , I know not whether it was so or no , it was the common report it was she . Cl. Mr. H. pray tell my Lord what you know of the Prisoner at the Bar. Huncks . My Lord , to say positively any thing of the man touching his command I cannot , but only that morning the King Dyed he came into the Door of the Room where Colonel Phayre , Colonel Hacker , Cromwell and my self were ( Ireton and Harrison lying in bed together in the same Room ) and then he stood at the Door half in and half out ; I refusing to Sign an Order for Executing the King as Cromwell ordered me , and some little cross Language having passed , saith the Prisoner at the Bar , Colonel Huncks Iam ashamed of you , the Ship is now coming into the Harbour and will you strike Sayle before we come to Anchor . This I appeal to your self : but for crying out , Knock them down , Shoot them , I know not who it was , the Officers cryed Justice , and some of the Souldiers , but I profess I know not who it was particularly , but they cryed Justice , and then I fell a trembling , for I was afraid of the King ; but these were the words he used to me , will you strike sayle , &c. Axtell . My Lord , I desire to ask him a question . L. Ch. Bar. Ask him what you will. Axtell . If I am not in the right , I hope your Lordships will direct me . L. Ch. Bar. Go on . Axtell . Col. Huncks , where was it ? Huncks . In a little Room in White hall , where Ireton and Harrison lay in bed together . Axtell . Do you know whereabouts ? Huncks . I think I can go to the Room ; I appeal to your own conscience before all this people . Axtell . By your favour Sir the Room I perceive you know not , and truly Sir , My Lord , if you please to give me leave , because he appeals to my conscience , I do appeal to the Great God before whom it may be I may be Arraigned to give an account of all my Words , thoughts and Actions ; I do not remember that ever I had any converse with this man there , or met him there , or any of that company there that day , he was a stranger to me , but I wish that you ( to save your self being in the Warrant for Execution ) do not make others a Peace-Offiring to save your self , the Lord that knows my heart , I appeal to him , I appeal to your own conscience because you appeal to my conscience , I never met you nor saw you there . Huncks . Have you done ? then give me leave , you say you do not know me , I appeal to the same God , when Cromwell took upon him to have the Crown , have not I said , What have you got by being Jehu-like , Lord strike me dead here if it be not true . Axtell . I will not reflect upon him , but because he hath appealed to my conscience , therefore I speak it , it is known Notoriously how Jehu-like you were , when you were one of the chief Guards of his Majesty , one of the Fourty Halberteers that did oppose every person then for the King ▪ had I had time and had not been a close Prisoner as I was , there were Witnesses enough . Council . This after our Evidence is more proper . Huncks . Spare me not Col. Axtell . L. Ch. Bar. Take the Old and Antient course , let the Witnesses that are produced for the King be all heard , then give your answer to all of them together . Axtell . My Memory is not very good . L. Ch. Bar. You have Pen , Ink and Paper . L. Ch. Bar. Mr. Axtell , is this all that you desire to speak to Col. Huncks ? Axtell . Yes my Lord. L. Ch. Bar. Have you any other Questions ? Council . My Lord we have a few words , he Objects as if Col. Huncks were under a danger , he is pardoned . Axtell . I desire to ask him upon what account these words were spoke ? Huncks . My Lord it was this ; Cromwell having a Commission ( which I think I heard read here ) Colonel Hacker was reading of it , My Lord , Cromwell he comes to me and by Vertue of that Commission , he would have me to write a Warrant for Executing the King. I refusing to write that Warrant ( upon this which he speaks of that standing at the Door , if God bless me I will search all the Doors at Whitehall but I will find it out ) I not doing it , I said why should it be offered to me , sayes Cromwell thou art a peevish Fellow , Cromwell fell a writing , assoon as ever he had done that writing , he gave Hacker the pen , what Hacker writes I know not , and upon my refusing , this prisoner at the Bar said , Col. Huncks I am now ashamed of you , The Ship is now coming into the Harbour , and will you now strike Sayle before you cast Anchor ? Council . You observe the course of this evidence , there was a Warrant or Commission directed to three persons ; Hacker , Huncks , and Phaire for Execution of the King ; Cromwell demanded of this Gentleman ( Col. Huncks ) that he should sign a Warrant by Vertue of that other Warrant , and this Gentleman refusing it , the Prisoner objects this , that he to save himself doth witness this against the Prisoner , Gentlemen he did refuse the thing , have you any thing to ask Col. Huncks ? Axtell . He says Col. Phaire and Hacker were there ; I do not doubt but they will be so conscientious to vindicate me from all this Charge . L. Ch. Bar. If it be any thing that tends to your defence , that you will be heard afterwards ; but have you any Questions to ask Col. Huncks ? Axtell . No more , I know nothing of it , if I were to dye at this Bar presently . Council . Sir. Purback Temple , pray tell my Lords and the Jury your knowledge of the carriage of this Gentleman touching the Tryal of his Late Majesty . Sir P. Tem. My Lord , being present , and engaged by some persons of Honour , Servants of his late Majesty , to be present when that horrid Murther was acting before this Court of Justice ( as they called it ) I was present at all the Tryals of the King , and very near him , I heard the King demand from Bradshaw by what Authority and Commission they proceeded thus strangely to Try him . Then I heard the Lady Fairfax and one Mrs. Nelson ( my Sister ) after the exhibiting of the charge in the Name of the Commons Assembled in Parliament , and the good people of this Kingdom against Charles Stuart King of England , I say I heard the said Lady cry out from a Gallery over the Court , Not half the people ; it is false ! where are they or their Consents ? Oliver Cromwell is a Traitor ! Upon which I heard the Prisoner at the Bar cry out , Down with the Whores , shoot them ; which made me take the further notice of him , seeing him in Westminster-Hall commanding the Souldiers there , I saw him the most activest person there ; and during the time that the King was urging to be heard , he was then laughing , entertaining his Souldiers , scoffing aloud , whilst some of the Souldiers by his suffering , and ( I believe ) procurement , did fire powder in the palms of their hands , that they did not onely offend his Majesties smell , but enforced him to rise up out of his Chair , and with his hand to turn away the smoke ; and after this he turned about to the people and smiled upon them , and those Souldiers that so rudely treated him : Then turning himself to Bradshaw , said to him and the Court , There are some sitting here ( fixing his Eyes upon some persons near Bradshaw ) that well knew , that if I would have Forfeited or Betrayed the Liberties and Rights of the People , I need not have come hither , ( or words to this effect : ) But their Liberties and Rights are dearer and nearer to me than my three Kingdoms ; nay than my life it self . Therefore I desire you to hear me , and remember , that I am your lawful King that have done you many Acts of Grace and Favour . After which this person Mr. Axtell , Prisoner at the Bar , commanded his Souldiers to cry out , Justice , which the Souldiers not readily obeying of him , I saw him beat four or five of them with his Cane , until they cried out , ( with himself ) Justice , Justice , Execution , Execution , which made me turn to a Noble Lord , by whom I then stood , and said , Pray my Lord take notice , there is not above 4 or 5 that cry out Justice , Justice : I heard also of their spitting in the Kings Face ; and I think no bodies sufferings have been so like those of our Saviour Christ Jesus , as his Majesties were . After this , this persons crying Justice , Justice , Execution , Execution a second time , the Court proceeded to pass a Sentence ; the which his Majesty pressed hard against , and told him , Sir , before you pass that ugly Sentence ( which I very well understand you are intended to do , ) I desire you to hear me , hear me , hear me , passionately and not affectionately expressing it , which they denying the King , and the notice of Justice , Justice , Execution , Execution , being repeated , they proceeded , and read that ugly Sentence of Death : after which his Majesty was immediately hurried away from the Bar into a common Cedan , where he was carried by two common Porters ; which Cedan I followed to the middle of King's Street , where I saw the two Porters , in reverence , go bare , till the Souldiers ( under the Command of the Prisoner at the Bar ) beat them , and would not suffer them to go bare when they carried him . After this the people cried out , What do you carry the King in a common Cedan as they carry such as have the Plague ? God deliver your Majesty out of such Enemies hands . In which Street I was forced to leave the sight of his Majesty , occasioned by the injuries and hurts I received in my person from the Souldiers under Axtel's command , they carrying him through the Streets shouting in triumph . A short time after I received an importuate command from a Lady of great Honour ( a Servant of his Majesties ) that I would endeavour to find out where the body of the Martyr'd King was , and to give her an account where it then was : Applying my self to Whitehall , after two or threescore Intreaties , I was denyed ; but understanding that money would do it , I gave the persons then under the command of Mr. Axtell that then kept it , to shew it me , half a piece , who in a scoffing manner took me by the hand , said , If thou thinkest there is any sanctity or holiness in it , look here ; where I saw the Head of that blessed martyr'd King lie in a Coffin with his Body , which smiled as perfectly as if it had been alive : this is the sad account of the martyr'd King , and this sad horrid Prisoner Mr. Axtell . Axtell . My Lord , may I ask that Gentleman some Questions ? L. ch . Bar. Yes , yes . Axtell . My Lord , He seems to say , that I bid the Souldiers cry out for Justice , he doth not at all say I was there in command , but he saith a Lady , by report the Lady Fairfax , spake some words , and that I should bid the Souldiers silence her ; truly I desire to know the certainty of the place where I stood . Sir P. T. My Lords and Gentlemen of the Jury , I saw this person standing within a Pike or two's length as I can guess it , ( I remember the place within a yard of the ground in Westminster-Hall , ) I do not say this person sate in the Court as a principal Officer that did then hold his Majesty Prisoner at the Bar , I did not say , it was a Lady unknown , or reported to be such a one ; but I said it was the Lady Fairfax , and my own Sister Mrs. Nelson , and he cried Shoot the Whores . Axtell . He seems now to say , I commanded the Guards ; I never was a Guard to his Majesty , or had any thing to do in that business , but it was wholly committed to a company of men I know not of . That Gentleman that spoke I have no acquaintance with him ; I think he did not know me at that time . L. ch . Bar. Have you any thing to ask him ? Sir P. T. My Lord , another passage he puts into my memory , when I did observe a thousand of sad faces , I saw none laughing but your self , as if you had been carousing and entertaining the Souldiers . I do not charge you that you commanded those Halbertiers , but those Red-coats ; you were all in Red : I saw you cane those 4 or 5 Souldiers I mentioned , till they cried Justice , Justice with you ; and that with the powder in the plams of their hands , they forced the King to rise out of his Chair , which you were much pleased with and laughed at . Axtell . I say before the Lord , before whom I must be judged again for this , I do deny this whole Obedience . Griffith Bodurdoe , Esq ; sworn . Gr. Bod. My Lords and you Gentlemen of the Jury , I was at the time of this sad Tryal in Westminster-Hall . Axtell . Your Name Sir , I beseech you ? Counsel . His Name is Mr. Bodurdoe . Gr. Bo. I say I was all the time of the King's Tryal in Westminster-Hall ; I was in a Gallery that I had out of my house where I then lived , just under and besides the House of Commons ; and I do remember I saw this Gentleman there ; I do think he was then called Lieutenant Colonel Axtell , so far as I remember ; truly , I have not seen him since before this day , nor have had any reason to have known him , but that I saw him very active in giving commands to the Souldiers there : this Gentleman was keeping the Court , letting some in , and putting others out : he seemed to have command of it ; One day ( whether it was about some passage or their Presidents Speech I know not , ) there was a Lady in the same Gallery where I stood , and some muttering , It is a lye , not half the people , or words to this effect . He the now Prisoner at the Bar standing below in the Court within the Bar not far from Dendy , with some five or six Souldiers ; upon this muttering and disturbance ( as he apprehended ) to the Court , he called to the Souldiers , saying , Shoot them if they speak one word more ; they did also present the muzles of their Muskets up to the Gallery : My Lord , by this we were very hush ; after that immediately within half a quarter of an hour , Dendy came to the Gallery from the Court to know who it was that made that disturbance . But the Lady was withdrawn into my Chamber , and did not come out afterwards . Axtell . Where was this Sir ? L. ch . Bar. What is it you desire ? Axtell . My Lord , where he saw me then ? L. ch . Bar. Mr. Bodurdoe , you hear the question . Mr. Bod. There was a Gallery which I do believe is yet standing , and the Court was just underneath the Galle●● and you were just underneath the Gallery and five or six Souldiers with you . Richard Young , sworn . Councel . What do you know of the carriage of the prisoner at the time of the Tryal . Young. I was upon a Scaffold whereby I did see what was done in the Hall ; I saw that Lieut. Col. Axtell was busie and very active in encouraging the Souldiers to say , let us have Justice against the King. Axtell . I desire to ask Mr. Young one question ? others say that the word was cry for Justice , this Gentleman is pleased to make some Addition , Let us have justice against the King. Young. No not against the King , but I conceived you meant against the King. Axtell . I cry you mercy , you do but conceive so . Young. You were upon the right hand of the Hall almost at the corner near the pavement , it could not be otherwise applyed . John Jeonar , sworn . Councel . Speak your knowledge of Col. Axtell's carriage at the High Court of Justice . Jeonar . I had the Honour to wait upon the King as a domestick Servant to the time of his Death ; that day which was the first day the King was brought to his Tryal , I did wait upon Him among other servants , we stood close to the Bar where the King was , some three or four of us , Col. Axtell was upon the right hand of us commanding the Guard to keep things in order when the Court was to be withdrawn ( the many circumstances about the Lady Fairfax shall be omitted ) the President commanded the prisoner to be withdrawn , with that Col. Axtell steps down before me to draw out his Guard , this I heard him say , Souldiers cry for Justice , Justice , I was the next man to him ; and upon the last day of the Tryal , he did come down in the same manner , and bid the Souldiers cry out for Execution , Execution . Axtell . I do desire a question may be asked of that Gentleman ? I must confess I did not know the Gentleman , at that time , though he said he knew me . He seems to say , that at the first day I encouraged the Souldiers to cry , Justice Justice , and the last day , Execution , Execution ; What place was this in Sir ? Jeon . I tell you , the King was brought from Cotton House through a Guard that you managed of Musquetiers , and with a Guard of Partisans ; besides , there was my self and others there : when we came up , we got as close to the Bar as we could ; you were passing up and down from above and below : when the Court was dissolved , you stept down just before to draw your Guard to make ready , and to cry , Justice , Justice , and the second time , Execution , Execution , you were very near me , and then you cryed , Justice , Justice , Execution , Execution . Axtell . Are you certain ; I have heard other men , I confess , accused for this , Some other Officers . Jeonar . I did hear you , I do know you by sight . Councel . You know him now to be the same person ? Jeonar . Yes . Samuel Burden , sworn . Councel . Tell my Lord and the Jury what you know of the carriage of the Prisoner . Burden . My Lords and Gentlemen , I do believe Col. Axtell knows me well enough , I was then under his own command at Whitehall ; there were some Cavaliers then in the Regiment : it was my fortune I came into your Company , I wish I never had : you commanded more besides my self to be a Witness against the King , and Justice Cook took my Examination : you brought me in , you commanded the Guards that time at Whitehall when the King was upon his Tryal . Axtell . What more ? Burden . And you commanded Elisha Axtell with a file of Souldiers , to take a Boat and go down to the common Hangman that liv'd beyond the Tower to execute the King ; he is now Shepards Serjeant in Ireland . Axtell . My Lord , I desire to ask him a question ; he was pleased to say , I desired him to be a Witness . Bur. Yes . Axtell . Where was it ? Burden . In the Court at Whitehall . Axtell . My Lord , I have seen the printed List of Witnesses against the King , and in that list you shall find no such Name . Burden . I have been a Prisoner in Dublin by your means . Axtell . My Lord , I hope you will take notice of that . Councel . Burden do you remember any of his commands to Web , to draw up in the Banqueting-house ? Bur. He commanded Web to draw up in the Banqueting-house , during the time of Execution , his own company . I was one of his own company then . Coun. In order to what ? Bur. For Execution . Axtell . My Lord , is Web here ? Bur. He is in Dublin . Axt. I wish he were here . Edward Cook sworn . Cook. And it please your Honour my Lord , the last day of the Tryal of his Majesty , I came into Westminster-hall , coming where the Court was , I did see Col. Axtell the Prisoner at the Bar there with some Musquetiers . Coun. What day was this ? Cook. The last day of his Majesties Tryal . L. ch . Bar. Go on Sir. Cook. Standing there a little while , his Majesty came guarded with some Halberteers , when he came by the Souldiers that stood with Col. Axtell , his Majesty bowed , and afterwards put off his Hat , and went up to the Court ; I could not know what Bradshaw said to him , I stood below , I heard him say , he was brought by the consent of the Commons and people of England : there stood a Lady above in a Gallery crying out , it is a lye , where are the people , or their consents ; Cromwel is a Traytor : whereupon Col. Axtell standing by , saith he , what Drab is that that disturbs the Court ; come down or I will fetch you down . Mr. Nelson , sworn . Coun. Tell my Lords and Gentlemen of the Jury , touching the Discourse between you and the Prisoner at the Bar in Dublin . Nelson . My Lords and Gentlemen of the Jury , upon a Discourse with the prisoner at the Bar in Dublin 5 or 6 years since , upon the platform in that Castle we discoursed of the late Kings , having had several reports , I desired to know of him who it was that Executed the King , thinking he might inform me , he was pleased to tell me this , saith he , the persons that were imployed in that service , you know them as well as I do ; truly Sir not I , said I , I saw them in Vizards but not their Visage as I know of , yes saith he you do know them , it is true saith he , my self and others were imployed in that affair in order to the Execution ; but there were several persons came and offered themselves out of a kind of Zeal to do the thing , but we did not think it proper to imploy persons whom we did not know , but we made choice of a couple of Stout persons , pray let me hear their Names said I , saith he it was Heulet and Walker , I desired to know their reward , Truly saith he I do not know whether 30 l. a piece , or between them ; I said it was a small reward for a work of that Nature , truly saith he that was all . Axt. You named one man , I did not hear the other named . Nelson . I named Heulet and Walker , we was one that managed the Execution , he told me so , and it pleased you Sir. Axtell . He is pleased to say that in Ireland there was such conference , was any body by ? Nelson . No Sir. Axt. Did I name any body to you ? Nel. You named those two persons . Axt. Certainly I must invent them then , for I had no more knowledg of them then any one here . Nel. You told me you were one of them that had the managing of that Affair . Councel . My Lord , we have done with our Evidence , those particulars that were first opened to you , have rendred the prisoner much a blacker person then we thought ; we leave him to his defence . Axt. May it please your Lordships , in the first place because I am ignorant in the Laws , I desire to know upon what Statute this indictment is grounded . L. ch . B. It is grounded upon the statute of the 25th . of Edward the Third . Axt. My Lords , I must acknowledg my ignorance of the Laws , being a thing I never studied , nor have the knowledg of , but I have heard it is the duty of your Lordships and the Judges to be of Counsel for the Prisoner in things wherein he is ignorant in matters of law , to make his just defence ; and therefore my Lord the Indictment it self being matter of law , if your Lordships please not to grant me Counsel to speak to matrers of law , I humbly pray that your Lordships will be pleased that for want of knowledg , formalities , punctilloes , and niceties of the Law , I might not undo my self : I have heard by a learned Judg , that though the Judg be of Counsel to the King , yet by his Oath he is also to be Counsellor to the Prisoner , and stands as a Mediator between the King and Prisoner , and therefore my Lord I shall beg that humble favour , that wherein I shall fall short to make the best improvement of my Plea in matter of law , that your Lordships will help me , and not take advantages against me , as to the niceties , formalities , and punctilloes of the Law ; and my Lord this is a resemblance of that Great day where Christ will be Judg , and will judg the secrets of all hearts , and of all words , and of all persons , and by him all Actions are weighed , knows all our hearts whether there be malice , or how it stands in the frame of each heart before him in this place , and therefore I hope there will be nothing by prejudging , or any thing by precluding to be so black a person as it seemed to be said against me . My Lords , I must shorten the time and come to speak as to the Authority . L. Ch. Bar. As to what Sir , Axt. I speak as to the Authority by which or under which I acted , I humbly conceive , my Lord , under favour , that I am not within the compass of that Statute of the 25th of Edward the Third , for that questionless must intend private persons , Counselling , Compassing , or Imagining the death of the King. But you know , my Lords , the War was first stated by the Lords and Commons the Parliament of England , and by vertue of their Authority was forced to be raised , and they pretended by law that the right of the Militia was in them , and your Lordships will remember in several Declarations and Acts that was mutually exchanged between his Majesty and Parliament , and , my Lord , that was the Authority the Lords and Commons assembled in Parliament , raised a Force , and made the Earl of Essex Ceneral , and after him the Earl of Manchester , of the Eastern Association , and after that Sir Tho. Fairfax Lord General of the Forces ; by this Authority I acted , and this Authority I humbly conceive to be legal , because this Parliament was called by the Kings Writ , chosen by the People , and passed a Bill they should not be dissolved without their own consents , that the Parliament was in being when the Tryal was , and a question whether yet legally Dissolved . In the fourth place they were not only owned and obeyed at home but abroad , to be the chief Authority of the Nation , and also owned by Foreign States and Kingdoms , sent Ambassadors to that purpose , under them did all the Judges of the Land Act , who ought to be the Eye of the Land and the very light of the People , to Guide them in their right Actions , and I remember the Judges upon Tryal ( I have read it of High Treason , ) Judg Thorp , Nicholas and Jermin have declared it publickly , That it was a lawful justifiable thing by the Law of the Land to obey the Parliament of England . My Lord , it further appears , as to their Authority over the People , of this Nation petitioning them as the supreme and lawful Authority : and , My Lords , as I have heard it hath been objected , that the Houses of Lords and Commons could make no Act. Truly , my Lord , if you will not allow them to be Acts , though they intitle them so , call them so , and obeyed as so by the Judges , Ministers , and Officers of State , and by all other persons in the Nation , yet I hope they cannot be denied to be Orders of Parliament ; and were they no more but Orders , yet were they sufficient , as I humbly couceive , to bear out such as acted thereby . And my Lord , the Parliament thus constituted , and having made their Generals , he by their Authority did constitute and appoint me to be an Inferior Officer in the Army , serving them in the quarters of the Parliament , and under and within their power ; and what I have done , my Lord , it hath been done only as a Souldier , deriving my power from the General , he had his power from the Fountain , to wit , the Lords and Commons ; and , my Lord , this being done , as hath been said by several , that I was there , and had command at Westminster-Hall ; truly , my Lord , if the Parliament command the General , and the General the inferiour Officers , I am bound by my Commission , according to the Laws and Customs of War to be where the Regiment is ; I came not thither voluntarily , but by command of the General , who had a Commission ( as I said before ) from the Parliament . I was no Counsellor , no Contriver , I was no Parliament-man , none of the Judges , none that Sentenced , Signed , none that had any hand in the Execution , onely that which is charged is that I was an Officer in the Army , if that be so great a crime , I conceive I am no more guilty than the Earl of Essex , Fairfax , or the Lord of Manchester . Judg Mallet . You are not charged as you were an Officer of the Army . Axtell . My Lords , That is the main thing they do insist upon : my Lord , I am no more guilty than his Excellency the Lord General Monck , who Acted by the same Authority , and all the People in the three Nations ; and my Lord , I do humbly suppose if the Authority had been only an Authority in Fact and not Right , yet those that Acted under them , ought not to be questioned ; but if the Authority commanded whatsoever offence they committed , especially that that guided me was no less than the declared Judgment of the Lords and Commons sitting in Parliament ; they declared that was their right as to the Militia , and having explained several Statutes of Henry the 7th , wherein the King having enterchanged Declarations with the Parliament , the Parliament comes to make an Explanation on that Statute ; and , my Lord it is in Folio 280. wherein they do positively expound it , and declare it as their allowed Judgment . To clear up all scruples to all that should take up Arms for them ; saith the Parliament there as to the Statute of 11. of Henry the 7th . Chapter the first , which is printed at large , comes there to explain it in general , and comes here , Folio 281. and gives this Judgment ; It is not , say they , agreeable to Reason or Conscience that any ones duty should be known , if the Judgment of the High Court of Parliament be not a Rule or Guide to them . In the next place , this is the next Guidance , Rule , and Judgment of Parliament , upon the Exposition of this Statute and as they have said in several places ( was it not too much to take up your Lordships time ) they are the proper Judges and Expounders of the Laws . The High Court of Parliament have taken upon them to expound the Law , and said , that we Lawyers will give the meaning of the Text contrary to what they have expounded the meaning under their hands : in the same Declaration his Majesty is pleased to quit that Statute upon which I stand Indicted , the 25th . of Edward the Third , where they do my Lord expound that very Statute in the Declaration made in 1643. Folio 722. I come to the declared Judgment , wherein they did positively say , that the persons that do Act under their Authority , ought not to be questioned as persons Guilty Folio 727. that is the Exposition that the Lords and Commons Assembled in Parliament doth make upon the statute . Councel . My Lord , this is an Argumentation of Discourse in justification of his proceedings , we desire to know what he will answer as to the Plea. Axtell . My Lords , I have this further to say , that if a House of Commons Assembled in Parliament may be Guilty of Treason ; ( for the truth is , if I Acted Treason that Acted under the Authority of the Lords and Commons in Parliament , and of the Commons in Parliament ) then doubtless they must begin the Treason : if the House of Commons , who are the collective body and Representation of the Nation , all the people of England , who chose them , are guilty too ; and then where will there be a Jury to try this ? concerning the Commons alone , I have been over ruled . L. ch . Bar. If you have any thing to say to the Lords and Commons , answer to your charge ; your charge is nothing of the Lords and Commons ; but what you Acted when the house was broke and Forced . Coun. You cannot but know that there is nothing charged against you , for which you can so much as pretend an Authority of the Lords and Commons , you know before you could do this Horrid Murther , you were the persons that destroyed the Lords and Commons both ; indeed you Ravel in a business , and to make people gaze upon you without any Ground . Axt. I am upon my life , I hope you will hear me patiently . L. ch . Bar. God forbid but we should . Axt. I do desire to assert my Authority ; if any thing was done upon the House of Lords and Commons , I do not come here to justifie their Actions , I was not concerned in it . My next Plea is this ; that if a House of Commons can be charged Guilty of High Treason as a community , the distributive Body must needs be Guilty . Court. If there should have been 20 or 40 men come out of the House of Commons , and should Murther a man , they must answer for that ; it is not the community that can do such an Act of Treason : these persons that you call a House of Commons , there was but 26 of them , and these must be the people ; this is the state of the case : and when you have thrust out thrice the number of those remaining , only those can serve your turn . L. Annesly . Mr. Axtell . I am very sorry to see you in that place and it troubles me as much to hear you vent that for an Authority which you know your self was no Authority ; you would now for your defence for life ( and it is reason you should make as full a defence for life as you can ) you would shelter your self under that Authority , which I am sorry I must say were one of the greatest Violators of : you cannot forget how near a close of this bloody war by the mercy of God , this Nation was when the Army interposed , whose Trade it was to live by War , when they had felt so much of the sweet of War they would not suffer the people to enjoy peace , though the Lords and Representatives in Parliament had agreed to it ; A Treaty was begun , terms of peace propounded and agreed to , this you cannot forget , and will have no need of Notes or Books to help your Memory : when the people Groaned under the miseries of War , and thirsted after Peace , then came up the Army , who were servants to the Parliament till that time , taking upon them the Authority ( you cannot forget that , your self was one of the number that came to offer accusations against the majority of the Commons House , calling them Rotten Members ; ) the House of Lords was not then suffered to sit , they would not joyn in that Ordinance that was preparing for the Tryal of the King ; when the Lords had refused , they were no longer fit to be Lords neither ; then comes in a new Authority which we never heard of before ; a remnant of the House of Commons joyning with the Army , that had driven away the greatest part of the House of Commons ; ( for in all Assemblies and Courts the major part must determine , or no determination ) after this course was taken , then is an Act set on foot , they take upon them by Votes of their own to be the Parliament of England , that the supreme power of the Nation is in the Representatives of the people ; who were they ? those few only that remained almost all the Cities , Counties and Burroughs of England had none left to represent them , they were driven away by Force , then was this Act of Parliament ( such an Act as was never heard of before ) set on foot and passed as an Act by a few of the House of Commons , if you can plead this for your defence , this is the Act that you must shelter under . But you know the Lords and Commons had Unanimously resolved for peace , and so agree with the King : if this Act will be any defence , you may plead it to the full ; and this is all you have to say ; therefore go upon no Forreign matter . Axt. If it please your Lordship , that worthy Lord that spoke last is pleased to say , that I was one of the persons that did accuse some of those Members of Parliament ; truly my Lord , I never did come to the Commons Bar but once , presenting a petition ; and for my hand either in charging any of the Members , or Secluding any of them , I never had any hand in that matter , this is all to that part . Next I Humbly conceive here I must ground my bottome , and if I perish , I perish by a Judgement in a Parliament ; My Commission that did Authorize me to obey my General , was given me when the Lords and Commons sate in Parliament , I had no other Commission then this : my Lord Fairfax commanded the Army after the Kings Death by the like Commission , I did but my duty in going to my Regiment , the General saith , go to such a place , stay there , if I refuse , by the law of War I Dye , if I obey I am in danger likewise ; I say my Commission was given me by the Lords and Commons , and therefore I hope my Lord that what I have said and offered in that particular , is not Truthless but of Weight . Court. The Effect of your Commission is only to make you an Officer . Axtell . My Commission bears date the 27th . of March 1648. Ten months before the Kings Death ; we had no other Commissions , therefore I humbly conceive the question will be this in point of law , and I humbly desire it may be Truly and Fairly stated by your Lordship and these Honourable Jugdes , that whether a man being guided by the Judgment of the Lords and Commons Assembled in Parliament , and having declared their Judgments and Exposition of that Statute of the 25th . of Edward the Third , and Acting only by that Judgment of Parliament and under their Authority can be questioned for Treason . That my Lord is a question that I do humbly think is a point in law , and that you will please fairly and truly to state it , whether I am within the compass of that Statute whereupon I am indicted . Councel , My Lord , We do not charge him with any thing that he did Act under the colour of his Commission , or with any thing he did before that , but that which we charge him with are rhe Acts that he did at the Tryal of the King , shew us your Commission from the Lords and Commons Assembled in Parliament for Tryal and Execution of the King , you say something ; we do not charge him for any thing done by Vertue of that Commission , but with those violent Acts that he did in encouraging the Souldiers to cry Justice , Justice , Execution , Execution , and all those other Violent Actions of his own malicious heart against the King. We humbly beseech you he may answer to that which is the charge against him , and that is the Compassing and Imagining the Death of the late King , and his declaring that by those overt-acts that we have proved . My Lords , we desire that the Prisoner at the Bar may remember that he is not Indicted for levying War against the King , if so , then that Sir which you offer might be given as a Plea , and we should have spoken to it ; but you are Indicted for Compassing and Imagining the Death of the King ; and that which we have given in ▪ Evidence were the subsequent overtacts to prove the same . Axtell . I hope you will not think it much to give me some more freedom for my own defence for life ; My Lord , I must needs say though there was a force on the Parliament , I am not to justifie it ; I was no Lawyer , no Statesman , no Councellor , but a Souldier ; and if the General who had a Commission from the Lords and Commons , and that some years before and after the King's Death , be not guilty of Treason , what I did was by command from my General ; and though I am charged with being in Arms in Westminster-hall , and at such and such a place , yet it was not a Voluntary Act ; for I was bound to obey my General ; I do humbly pray that I may have your Lordships Judgment in this point ; I must say it was from the sense of their exposition of the Law and of the Statutes , and from the Authority that every one took up Arms for and served them , and obeyed either the one General or the other ; I say it was under this very Authority , and this must needs acquit me from all the guilt that is laid upon me . L. ch . Bar. You put your self upon the Judgment of the Court upon this which you call a point in Law. First , it is manifest that there is no excuse at all for Treason , no man by his Commission can warrant the doing of an Act which is Treason : you must take notice of the Authority whether it be good or no , your Commission was not to put the King to Death , but on the contrary , to preserve the Kings life . The Lords and Commons what they did , we do not meddle with the Reason and Ground of what they did was the preservation of the Kings Person , as well as the maintenance of the Laws and Liberties of this Nation , they made Protestations , Declarations , and Oaths for the preservation of the King's Person ; and you could not but take notice of those things : Now whereas you go about to shroud your self under the Lord Fairfax , he had no such Power , and therefore you can challenge no more then he had : and to what you say concerning the Judgment of the Parliament , there will be a great deal of difference between a particular Case , and a Declaration of Lords and Commons ; there is nothing you have said that hath any thing of Force , and God forbid you should make use of it ; But I must tell you , you could not but notoriously know all those Transactions that were in the Army , what the Army had done , that they came up with Swords in their Hands , and turn'd out whom they would ; you saw what the Lords and Commons had done , that the Treaty was ready for his Birth ; And then you come up with your Mermidons , with Force and Arms and Exclude the greatest part of the Members , and then the Lords were laid aside : it is true , the Lords were not wholly dissolved , but they would not suffer them to Sit nor Act at all , and this was apparent to the Nation . If men under colour and pretence of such things , Namely , that a few persons ( for so they were ) but an Eighth part of the House of Commons permitted to remain , and of that Eighth part ( which was but 46 in the whole ) there were but 26 that Voted that Act which you say you obeyed : but you say you obeyed the General : you were not to obey the General in this Case ; for the Facts that you have committed , are not charged as Acts of War ; you are not charged for bringing the Souldiers in , but for those Violent Actions that you were guilty of there ; you made the Souldiers cry out , Justice , Justice , Execution , Execution , you sent officiously for a Hang-man to come down to you ; your Commission gave you no power for this , the Death of the King you know how it was designed , you know the Act for the bringing in of that Commission ( as they call'd it ) to sit in justice was after the House of Commons was reduced to a very small Number , and some of those dissenting too , what you did Act under that Authority , if you can justifie it , in the Name of God say so , but do not Engage the Nation in those things which they abhorred , and by the mercy of God are laid asleep . Mr. Justice Foster . You begin at the wrong End , you ought as all men ought to do First , to answer the matter of Fact , and not to put in these long dilatory Pleas till you have answered the matter of Fact , whether those things charged on you be true or not ; then if you have any thing further to say for your self by way of excuse , it will be the time to speak and not before . Axt. May it please your Lordships , I humbly conceive I am upon that method to the first part of the witness , they accuse me for commanding my Souldiers in Westminster-hall , then I must prove my Authority , which I have been about to do , and declared the Judgment of Parliament . L. ch . B. The Court have heard you with a great deal of patience , and that which is not at all to the business . Axtell . I only refer this as to the Authority ( I humbly conceive you will give me leave to insist upon this , and how far I may improve it for my own defence ) here is the Commission by which my Lord Fairfax acted and that after the King's Death , and I acted by the same Authority he did , I had not been at Westminster-hall but on the command of the General . Court. Doth that Commission Authorize you to cry Justice , Justice ? and to look up and down to get Witnesses against the King , is that in your Commission ? Axt. I am to serve and obey all my Superior Officers , that is my Commission ; if I do not , I die by the Law of War. Court. You are to obey them in their just commands , all unjust commands are invalid . If our Superiors should command us to undue and irregular things ( much more if to the committing of Treason ) we are in each Case to make use of our passive not active Obedience . Axt. Under Favour , it is not proved , that I did either Compass or Imagine the King's Death , that is matter of Fact. Court. Let us try that . Axt. My Lord , I did nothing but as a meer Souldier , I had Authority from the General , I would leave this before your Lordships and the Jury , that what I have done hath been by Authority of the Genetal . L. Hollis . Sir a word to you . If you could satisfie the Court that you had received a Commission from the General to do those things with which you stand charged it were something , then were it proper for you to plead it , and the Court to judg . Pray take this along with you , the General gave you no such command , what you are charged with in the Indictment , is for Compassing and Imagining the Death of the King , and that by such and such overt acts , as making your Souldiers cry out Justice and Execution , for being active and forward in sending for the Executioner , and such other Acts , prove these are in your Commission , and you say something : I am sure , you cannot be ignorant , that That very Authority that you do now urge to give life and power to your Actions , that you destroyed it , laid it in the dust , acted contrary to it several ways when the Parliament protested against fetching the King from Holmby as they did , when they went on proceeding in the way of peace , then came you up to the Bar ( I think you your self ) and charged some of the Members ; first 11 as rotten Members , and these Men were forced away ; this you know your General had no Commission to do , and this you know was a Violation of that Power that gave our General the Commission . After that when the Treaty was brought on in the Isle of Wight , when there was great hopes of peace , then you knew the King was hurried thence by Force , which the Parliament protested against . After that when both the House of Commons and Lords came to consider of one particular that passed , they resolved that it was sufficient ground to proceed on for the settlement of peace ; then did you fall upon these Houses and tear them in pieces , and throwing out above 200 , suffering only about 40 to remain , and they were glad to send for one Member out of Prison to make up a House . That which you say of the Supreme Authority , and that by Vertue of which you did Act ; it shews that you did not at all go by any Authority , but you followed your own Lusts ; and therefore do not few these Fig-leaves together , which will stand you in no stead ; if you would apply your self to answer that which you were charged with , it were something . Axt. I do desire to have no more interruptions then is me● 〈◊〉 making my own Defence . My Lord , here are many things by way of motive urged to the Jury , which is not within the Charge , I desire I may have that fair play , that nothing may be urg'd but what is in the charge . L. Ch. Bar. You give the occasion Mr. Axtell , keep to the matter , and you shall not be interrupted . Lord Hollis . I shall be very sorry to urge any thing against you which doth not necessarily follow ; for what you say touching your Authority , I shall shew you have no Authority . Axtell . My Lord , I have the same Commission as the General ; what I did was not of mine own head : I had a Command . As for all that hath been charged against me , I shall say this ; I was none of the Court , I did not fetch the King from the Isle of Wight , nor advised , compassed , or imagined his Death , or sentenced him to Death , or signed the Warrant for his Execution , or Executed Him ; I am none of them . My Lords , and therefore whoever did make any breach upon the House of Commons , they were Grandees , persons of a greater Quality ; I was an inferior Officer , I was never at the House Bar , but upon presenting one Petition to the Parliament from the Army . I shall now come to speak to the Evidence which hath been given particularly against me ; and the first , my Lord , is Mr. Simpson , he saith , I had the Commands of the Guards at Westminster-Hall . My Lords , I have told you already , shewn you by what Authority I came thither , and that I ought not to refuse ; if I had , according to the laws of War , I must have suffer'd death ; and that is all as to Mr. Sympson , only that a Lady ( he knows not who ) spake something there . L. Ch. Bar. He saith he heard you bid the Souldiers give fire against the Lady . Axt. My Lord , I must say , if there was any Lady that did speak , who she was I know no more than the least child here : but my Lord , to silence a Lady , I suppose is no Treason . If a Lady will talk impertinently , it is no Treason to bid her hold her tongue . L. Ch. Bar. A Lady was speaking pertinently enough , when she heard Bradshaw say to the King , such a Charge is exhibited a charge of High Treason against Him , in the Name of the Commons assembled in Parliament , and the good People of England ; she said , That was a lye , not half , nor a quarter of the people of England , That Oliver Cromwel was a Traytor ; Then you took upon you to command Souldiers to fire at her ; and accordingly they levelled the muzles of their Musquets towards her . Axtell . My Lord , as to that particular concerning Oliver Cromwell , or any other words concerning the Court , I understand them not ; but if any interruption was made , to preserve the peace , to desire a Woman to hold her tongue is no Treason . To the next particular wherein Col. Huncks saith , at a door at a certain lodging where Ireton and Harrison were in Bed together , he saith , that upon his refusal to sign the Warrant for executing the King , I said to him , Col. Huncks , I am ashamed of you , the Ship is now coming into Harbour , and will you strike Sayle before we come to Anchor ? truly my Lord I think all that amounts to nothing , if it were so , which I deny it ; for to bring the Ship into Harbor , what is that ? there is no person named , Fact named , nor Design named ? and I appeal to my conscience , I remember not the time , place , person , or words ; and I can call for Col. Phayre and Col. Hacker , who were there ; for I desire things may appear right , I desire they two persons may be called for their Evidence in that point . L. ch . Bar. They both are in the same condition , Col. Hacker in the prison behind you , Col. Phayre , in the Tower ; Mr. Axtell , you know the strength of one Affirmative witness , I saw such a man , and heard such a man say , &c. is more then if twenty should witness they stood by , but did not see him , or hear him speak . Axt. My Lord , he saith only this , I saw you at the door going unto Ireton's chamber , and said , will you strike Sayl , &c. Truly my Lord he doth not say , what , or how , or any thing I meant ; there must be according to Sir Edward Cook 's 7th Book of his Institutes that Oracle of the Law : he saith , That Evidence ought to he as clear as the Sun at noon day ; All that you can say is this ; it must be a wide Inference , a large Inference , I conceive there is nothing in these two witnesses , and if the two Prisoners were here , they would clear me in this . L. ch . Bar. If by Law you could have had them , you should ; but I fear if they could be admitted , they would not be to your advantage . Axtell . Then my Lord , in the next place Col. Temple is pleased to say , that the Lady Fairfax saying something against the Court ( which in truth as I said before , I know not who it was , or what the words were ) he saith , I bid Fire against them , I did nothing but what I was commanded upon pain of Death to preserve peace , and in pursuance of that command from the superior Officers of the Army ? silence was required , and that was all that was done . I suppose where a man is commanded to keep silence , as the Sheriff is required to keep all at peace in a Court ; if he restrain a person that will not be quiet , it is not Treason in him , nor in me in this particular . My Lord , in the next place Mr. Temple is pleased to say , that I stood upon the pavement laughing , while others sighed ; Truly my Lord , I know not whether I saw the Gentleman or no ; certainly smiling is no Treason , if I did so , though I believe I had as great a sense that day as many other persons there ; this is the sum of that he saith , only he further adds that I bid the Souldiers cry for Justice , truly my Lord — L. ch . Bar. Because it may be your Notes are short , I will acquaint you there was a little more in it , he said you bid the Souldiers cry out , Justice , Justice ; and they coming not very readily to it , you struck some of them till they with your self cryed out Justice , Justice , till they with your self did it . Axt. My Lord , To that I answer , that in the Hall there was some kind of people did set up a crying some kind of words , and may be some of the Souldiers might cry so too , I might command them to hold their Tongues , and to say , I 'le teach you to cry Justice , and so the Gentleman standing by , might believe I was the person that bid them do it : Truly my Lord , is this all that the Gentleman says , which I humbly conceive is nothing , because he does not say against any person ; and therefore my Lord , I do hold to that Maxim in the Law , as Sir Edward Cooke holds ( that man of great parts of learning and knowledg ) That in matters of Treason wherein a man is the most highliest concern'd in his life and posterity , there ought not to be construed against him Inferences or presumptions , or strains of wit ; there is no more in this , and this is all that I say in this particular . In the next place , Mr. Temple is pleased to say , that after the Court had sentenced his Majesty , he was hurried away in a Cedan : Truly , whether he was or not I know not , There was a Guard of Halbertiers , whereof Col. Huncks was one , and several others as I have heard ; they were Select Guards of his Majesty , Guarding him from St. Jame's to other places : how he came to be hurried I know not , it was not by me : and whereas he say's , during the whole Tryal , I was there , truly I think I was there by command of my General by Authority of the Lords and Commons . L. ch . Bar. You speak this , that the Jury may understand you did it by command of your General . Do you mean by express command ? Axt. I did not move a day but by special command . L. ch . Bar. By whom ! Axtell . The Lotd Fairfax gave his Orders every morning to his Adjutant General , or Major General , and they issued them out to such and such persons as he appoints . L. ch . Bar. Who gave these Orders out ? Axt. The Lord Fairfax , we did all under him . L. ch . Bar. You had not the order immediately from him . Axtell . The Major General had . L. ch . Bar. What Major General gave you that Order ? Axtell . There was Cromwell and Ireton . L. ch . Bar. The Lord Fairfax gave you no immediate Commission . Axtell . He have my Superior Officers . L. ch . Bar. How do you know that ? Axtell . My Lord , because they told me so , it was by his command . L. ch . B. The question is now understood . Axt. The next person that speaks is Mr. Bodurdoe ; and he says , that I commanded the Souldiers at the King's Tryal , and that a Lady that was speaking , was commanded silence , to this purpose ; Truly ( my Lord ) this is but the same as before . L. ch . Bar. You said Shoot too . Axt. No ( my Lord ) I said not any such word , or any thing like it , I heard there was an Officer went up and intreated her to be silent , I say it is the same with the former it is no Treason to desire one to be silent . My Lord , the next Witness that speaks in Evidence against me is Mr. Young ; he says this , I bid the Souldiers cry for justice : it is very like that person as well as Mr. Temple might see me in the croud speaking to make the Souldiers quiet , I might repeat the words that the people said , repeat the word justice , or some such word , as the peoples words . L. Ch. Bar. Remember how he repeats them , he saw you active in setting on the Souldiers to cry justice . Axt. If I have taken them right , one says he heard me say such words as justice , and that he saw me strike two or three Souldiers ; if in the Tumult such a word should be started , I hearing of them , I might strike those Souldiers that said , justice , justice , and might repeat the words , I 'le give you justice , and so strike them , that is a good Evidence that it might be a repetition of their words , and not any of mine own : They both speak as to the word justice , but here was not justice mentioned to any person ; I might repeat their own words , and chastise them for those words ; besides this , ( though I do not say the word was spoken by me , ) if the word justice had been spoken , my Lord I hope it is no Treason to say , desire justice , it is Gods great Attribute , it is God's Ordinance , and that can be no Treason . I have read in Law Books , ( though but lately ) and I cannot find that the word Justice should be made Treason , then there is no person to whom that adjunct doth belong . The next Evidence , my Lord , is Capt. Jeonar , he saith , I commanded a Guard ; truly several Regiments took their turns as they were commanded by the General , and I as an inferior Officer was there , but that is no more than what was said before ; it was done by the Authority of the General ; if I had not done it , I had died by the Law of War : He saith , there was a cry for Justice ▪ I can say nothing more than I have formerly said , it may be in the Tumult the Souldiers might say so , and I chastising of them , and repeating that in my chastisement , they might think they were mine own words . L. Ch. Bar. Mr. Axtell , I would help your memory , he swears the last day you encouraged the Souldiers to cry Execution , Execution . Axt. For that particular I am coming to it ( I thank your Lordship for helping me ) My Lord , for that of Execution , truly , I cannot say whether I was there that day or no ; one day I was commanded to be there with some Companies in Westminster-Hall , but whether I was there any more than that one time , is the question : Admit I was there that day , I was never there but when I was commanded ; when the Colonel that commanded the Regiment was there , I as an inferior Officer ought to be there : I was there by a special Order , and not by a voluntary Act of mine own , and so it cannot be Compassing the death of the King. For to the word Execution , what can be the sense of this word ? Execution is a single word , those people that started the word justice , might put it in the heads of the Souldiers , which I might strike to command silence ; they likewise might upon the same account cry out Execution , and so to hinder all Tumults and Hubbubs and the like in the place , I might repeat their words in correcting of them for it , I might say , I 'le justice you , I 'le execution you : But my Lord , this word Execution of justice , it is a glorious word , not that there can be an inference that what they did I should say was Justice , or to approve of any thing that they did , but only in general Execution of justice , which my Lord , relates not to any person , possibly the rude people might be speaking ( as hath been said before ) in that manner , and the Souldiers might take it up , and I might reprove them and make use of their own words by word of repetition I will Justice you , I will Execution you . My Lord , in the next place , I do observe to speak that of Mr. Burden , he did observe to your Lordships and the Jury , my Country-men my Brethren , with whom are the issues of life and death , for whose life they must answer before the Lord as to Righteousness , Judgment , and Equity ; I say my Lord as to Mr. Burden , he tells you , that for my sake , he was imprisoned ; saith he , I have suffered much by him , and speaks it with much indignation of spirit , I have suffered and been imprisoned by him , and afterwards he comes to speak his Evidence ; how much his Evidence may be of Force , I desire my Lord , the Jury may consider of that ; and then he comes and saith , I commanded a Guard at the Banqueting-house in Whitehall . Truly my Lord , the Lord Fairfax commanded a Regiment to quarter there , and I as an inferior Officer might be there : in the next place , my Lord , he saith , I sent Alisha Axtell to fetch the Hang-man ; Truly my Lord , I wonder this person is come from Ireland , ( if this were so ) the Authority there would not send that person with his great Evidence as well as this person ; he may as well charge any person with this as me : It is evident , Ireton , Harrison and Cromwell , they did all amongst themselves ; I never was with them , amongst them , received no command from them , nor obeyed them ; nor did any thing but what I had command for from the General , who by the Law , I was bound to obey as a Souldier . I shall only observe one thing more ; this person being so long a Prisoner , to Extricate himself out of his imprisonment and chains , poor man ! he may say more than is true . I wonder he should say I sent for the Executioner , I never knew of any circumstance touching consultation about his Death , or took him Prisoner . When they sent to me to be one of his Gnard , I never would go ; I humbly conceive there is nothing sticks upon me in this , considering the circumstances and the words of he person that spoke them . My Lord , the next person that speaks against me , is Mr. Cooke , and he saith he heard me say , Thrust that Lady down that made a disturbance in the Court , or words to that purpose : it is probable there might be a desire of silence . The next Evidence is Lt. Col. Nelson , he saith that upon a Discourse — L. Ch. Bar. I would put you in remembrance , lest you should forget what Sir. Purback Temple said , That by leave of persons under your command , he saw the body of the King. It is only a Circumstance . Axtell . I have heard there were Chirurgions , Physitians and Halberteers , appointed by whom I know not , they had the care of such things , and had the keeping of him , he was locked up by them , no body could come in but by them ; I never had a Key ; possibly Col. Temple might come to me , quartering there , and desire me to speak to some persons that had the charge of it to let him in , whether I did or no I cannot remember , but if it were so , I hope it will not amount to Treason . The last thing given in Evidence against me is Mr. Nelson , he saith that upon some discourse between us , he was asking what person cut off the Kings head , and that I should say Hewlet , &c. Truly my Lord I was never privy , and I appeal to Mr. Rushworth if he were here , who was Secretary , if ever he saw me in any Counsel , to advise , or Act , or any thing in that kind in relation to the Kings Tryal , Sentence or Execution ; for me to know the person that was imployed about the Execution , it is strange when ( as I said before ) they did all within themselves . I had no knowledg thereof , and medled not with any thing , but within my own Sphear , as a Souldier under my L. Fairfax , by Authority of Parliament . For naming of any person ; truly my Lord it would be a wonder to me that I should name any person , to go to do any person that wrong and injury to say he was the person , I must invent it , for I knew nothing of it . But by common fame up and down the City , it was said to be another person , but who it was I cannot say my Lord , but to all this that hath been said against me , there are but two things upon two Witnesses that are placed upon me , the First my Lord here is two Witnesses for crying Justice , and Execution . L. Ch. Bar. I think you have more than two to those words . Axtell . Not for both together . L. Ch. Bar. No but several for Justice . Axtell . There is three to that , I shall only say this to your Lordship , and this Jury in whose hand this life of mine is , and is committed to them either to acquit or condemn me , and God knows the hearts of all men , and my innocency and integrity , I shall say nothing to the Witnesses , it is a day of Temptation ; and I desire the Jury my Countrymen , my fellow Citizens , my Brethren , that they would well consider of it , the word , Execution and Justice , admit I had said them ( which my Lord I do not , I must not Grant ) there being an uprore of people , there such words might be used , and possibly Souldiers might take them up from them , and chastising the Souldiers I might repeat the words , I will Justice you , I will Execution you . L. Ch. Bar. The Evidence is that you beat them because they did not readily cry Justice , Justice . Axtel . It might be more probable I beat them because they did do it , I might chastise them for doing of it , and repeat it as a reason for their Chastisement ; and but admitting it was true , which I grant not , yet I hope Justice and Execution of Justice , as it is so great an Attribute of God , by Gods Laws nor Mans Laws is no where made Treason , but Mercy attends it , and Judgment attends the contrary ; I leave it upon the consciences of the Jury , to weigh it carefully how I could be guilty of Compassing or Imagining the Death of the King , when nothing is charged against me to be either of Counsel , Sentencing , or Signing , or to be at the Execution , only one man , as I told you before , he spoke something wrathly , and that he had suffered much , and therefore he is come over now , and saith I should send for the Executioner , which I never knew of , or had any hand in sending for , how much validity that hath , I leave to the Jury , if it were so , it is not treason , for words may make a Heretick , not a Traytor ; I speak that by way of preface ; I do humbly conceive that these being only noted words , Execution and Justice , the King not so much as named , nor any thing done to it by me , I say I conceive it doth not amount to Treason by the Law ; and besides , it is against the Law of the great Judg , the Judg of Judges ; all of us , that are now , and are to come shall stand before him to receive our deserts , I say it is against the Law of God , to make me an Offender for a word ; for a word , I have heard the Judges say that the Laws of England are grounded upon the Laws of God , and the Laws of England are Laws of mercy , not of rigour : My Lord , if a man shall be destroyed in his Life , in his Posterity for a word ( admit the thing had been so ) I leave upon the consciences of my Jury , before the presence of Jesus Christ , and before whom they and I must come to be rejudged again at the Tribunal ; and besides it is only words , and words uncertain ; and Sir Edward Cook saith , he must declare plain truth in matter of Treason , nothing must be taken for Evidence that may be a presumption or inference , or strain of wit , I hope upon this consideration that the word Justice fixed upon me by two Witnesses may be taken up at second or third hand from the People or Souldiers by chastising them for the Tumult Then my Lord in the next place these words were never put in writing , and so not Treason ; then , my Lord , there was never an overt act done by me ; for that Act of Indemnity that his Majesty and both Houses of Parliament passed , wherein they were pleased the very last to except me , I wonder'd when I came to be excepted of that number , I do come back to the place where I left , and that is the overt act . My Lord , I would only bring it in in this place , when I was excepted by the House of Commons , one of the twenty , I was excepted thus not extending to life , I went up and down free at noon day , I did not hide my self , ingaging a person that was one of his Majesties Servants to do me a courtesie , he promised me he would do it , and contrary to his promise he was pleased to bring the Kings Warrant to carry me to the Tower , and after that I came to be excepted with that black Catalogue of excepted persons , and to be brought to the Tryal of the Law. Now ( my Lord ) I return to that overt act as it was but words uncertain , and they may be words repeated from the third or the fourth hand , for they were not put in writing ; according to that Act of Indemnity which I understand the meaning of to be thus , That for their Execrable Treasons in Sentencing , Signing , or otherwise Instrumental , they are excepted out of this Act , and to be Tryed according to the Laws of this Nation ; I understand that to be Instrumental , to be Instrumentally the Executioner of the King , I never had any hand in that . Upon the whole this is the Fact that is proved by two Witnesses , they heard me say Justice and Execution , which must relate to the Execution of Justice , which by the Law of God is not Treason , especially when there was not the word King ; for a word to take away and destroy so many , my Life , Wife , Children and many Fatherless that are under the Charge of the Prisoner at the Bar is very sad , the words I do not grant but upon such probabilities as I have said ; I might repeat them , I will Justice you , I will Execution you , and then the words were not written , I say as Sir Edw. Cook said , they may make a Heretick but not a Traytor , the other part of the Evidence is this , that I was there with Souldiers at Westminster-Hall , I must say if that be Treason to be guided by Judgment of Lords and Commons in Parliament , I must say if that be Treason to take up Arms for a Parliament upon such Grounds and Expositions of the statute which they have made and published by their own Authority , if I am Guilty under the General , then the Parliament would be guilty of Treason . L. Ch. Bar. That you have spoke to — I am loath to interrupt you . Axt. I thank your Lordships for informing me , but I was commanded to be there by my General , if I had not gone I must have dyed , I did only stand there for preservation of the peace , in no other sense , if the General order me to be at such a Rendezvous , I must be there ; if I disobeyed he would have condemned me by the Law of War. The next thing against me material are these two things , that is that I should send one Elisha Axtell for the Executioner , I must say it is most Admirable such things should be laid to my charge , I hope your Lordships and the Jury do observe , he told you he suffered much , and a poor man under his extremities and losses and sufferings , perhaps might start some unadvised words , and being now sent over may ascertain it . But doubtless this Elisha Axtell being in Ireland , if by command it had been so , would have been sent over , truly I must say I had no hand in the business , it was left wholly to them amongst themselves , and what ever was done , or whatever was said , it was said and done by them , I never was acquainted with any thing of that nature , he said he heard I should send Elisha Axtell for an Executioner , if hearsays may be Treason it will be a hard Lesson ; and my Lord , Sir Edw. Cooke saith there must be two witnesses , here is but one . It comes from such a man , my Lord as the providence of God , but I will say no more as to that , but pray the Jury will take notice of it . L. Ch. Bar. You need not doubt of it , it shall be taken notice of , this of Burden . Axt. Now my Lord , I have but two or three words more , the Statute of the 25th of Edward the Third , it doth intend private persons , my Lord here is my Commission . L. Ch. Bar. It is owned , you had it from your General . Axt. My Lord , his Majesty is pleased to say in his Gracious Letter , We do by these presents declare , That we do grant a free and General Pardon to all our Subjects of what degree or quality whatsoever , who within Four days after the publishing hereof shall lay hold upon this our grace and favour , excepting only such persons as shall hereafter be excepted by Parliament , that is a Parliament called by his own Writ . You know this Parliament — L. Ch. Bar. Mr. Axtell , I would not interrupt you to that , but this very Objection was made by one of the Prisoners before ; this answer was given ; First the King's Declaration is not a Pardon in point of Law , it must be under the Broad-Seal ; but God forbid but it should bind in honour . You instanced in the word Parliament , what was meant by the word Parliament : you must know this , the exigency of the Times were such , that there were many Noble Persons that took the advantage to Assemble themselves together to reinstate the King ; they did that which was just and lawful , according to the exigency of the Times : This Declaration he sent to the two Houses , he called them His Two Houses , so that it appears clearly and manifestly , they were then sitting , they being accepted by the King , and owned by Him ; and they did sit in way of Convention , according as a Parliament , and his Majesty sent his Letter to them ; and these are the persons that have thought fit to except you out of that Act. Axtell . My Lord , may I speak to that any further ? L. Ch. Car. If you do , it will be over-ruled . Axt. I submit — with submission to the providence of God ; I did apply to Sir Harbottle Grimston for the Mercy and Favour of his Majesty according to his Declaration ; and here is Sir Harbottle's own hand for a Certificate . L. Ch. Bar. That is allowed you that you did claim that benefit within the time , but you may remember that it was referred to those two Houses of Parliament , they were to consider who was fit for the Pardon , and you are by them Excepted out by Name : Your question now is no more , but whether guilty or not guilty , and these are but extravagant Discourses that you say otherwise , and rather do you harm then good . Axtell . I hope you will pardon me , my Lord , I hope I have spoken to clear the Point ; The Fact charged by your Lordships and before the Jury ; and I hope the Lord will give the Jury a Memory of it , and a right Understanding in what I have said for my own Defence . My Lord , the next thing I have to offer , is this , to Expound that Act of Parliament , that it was the intention of his Majesty and Parliament , that all should be excepted but those guilty of Councelling , Signing or Sentencing . Truly my Lord , I humbly conceive , I being none of those , am not guilty of Treason . I shall only speak one word to my Jury , That they will remember what I have said , that there is but two things , two Witnesses , as to Justice and Execution , that it relates to no person but in General ; and then I do not own the things , but possibly they might hear such words , I taking of them up upon a rebound , reproved the Souldiers ; for the other that I should send one for the Executioner ( he heard so ) and that I should name who was the Executioner , I would not have that person or any other to suffer for that . L. Ch. Bar. That is not at all pressed upon you , not as to any Charge . Axtell . I thank your Lordship . I am very ignorant . L. Ch. Bar. Have you done Sir ? Axtell . I leave the matter to the Jury , in whose hands I and my little Ones , and Family are left , I only say this to you , Remember your Ancestors , Remember your Posterity . I never heard it before that words were Treason . In Queen Maries time Throckmorton was acquitted for words , by the Jury . Gentlemen of the Jury I leave my Case , my Life , my All , in your Hands . L. Ch. Bar. Gentlemen of the Jury , There hath been several things offered by the Prisoner at the Bar , as near as my Memory will give me leave in so long a Discourse . I shall repeat all things which he saith for himself , and which are said against him . There are some things that he seems to utter as tending to matter of Law , and something meerly of Fact , proper only for you of the Jury . For matter of Law , he hath urged several things for himself , not by way of justification of the Fact , ( I must do him that right , ) but in excuse of himself , and I hope his conscience hath so wrought upon him , that he is of opinion , the Fact was a horrid Fact , which was so indeed . For that which he hath said for himself ; First , he doth alledge to have his Commission from the Lord Fairfax : My Lord Fairfax had his Commission from the two Houses of Parliament , and this Gentlemans was in March the beginning of the year 1648. he saith what he did was in obedience to his superiors , as a Soldier ; that he never consulted or advised about any thing of the Tryal or execution of his Majesty . For this point it hath already been spoken to Gentlemen , for that which hath been spoken to at large heretofore I must repeat it here that he may know it , That no Person whatsoever , no Community , not the people either collectively or representatively have any coercive Power over the King , neither the Lord Fairfax his General , not he , nor any other person could be excused for this horrid Fact of bringing the King to Trial , No person , as I said before , nor Community have any such power . The Law-books which he hath lately seen ( and truly he hath imployed his time well in that ) the Law-books tell us , that whereas the two Spenceers had broached a damnable and detestable principle , that the homage was only due to the King in respect to his Crown , that if he did not demean himself according to such and such rules his Subjects might rule him per aspertee by asperity and sharpness ; but this was condemned by two Acts of Parliament , they both appear in my L. Cooke in Calvins case . I do not go to repeat all the evidence that might clear this truth , I say , had there been any such thing , but it hath been told him there was no such thing in Fact. My Lord Fairfax's Commission was for the preservation of the King , as well as for the liberties of the People . The 11. of Rich. 2. Robert de Vere and others for levying a War was punished , but this Gent. was not charged for levying of War. If either of the Houses of Parliament should command such a thing as tends to the death of the King it would be void in it self . Something he let fall of the Parliament not being dissolved . My Masters , for that you have heard some of my Lords declare how and in what manner this was an Authority of Parliament , but it was clearly nothing at all , this Gentlemen goes by Vertue of a Power from the Lord Fairfax . The next thing he urges in point of Law was this , he comes by way of Dilemma , saith he , either I must obey my General or dye by the Law of War. He goes further , and urges the statute of 11. Hen. 7. He comes further and saith in the 25. Edw. 3. that concerns single persons , truly it concerns every man. The Indictment you see how it is laid , It is for Imagining and Compassing the Death of the King. The overtacts in the Indictment you have heard what they are , there must be more than one Witness for Treason . It is very true , but if one person prove one thing , another person another , if one swear he did cry Justice , Justice , Execution , Execution , and another swear some other part , Gentlemen this was here before delivered to you for an overtact . It is any thing that opens and makes it appear to the Jury that he did do the things for which he is Indicted , I say any one of these that they did meet together , and did consult in order to the putting the King to Death . That they did meet in a Trayterous Assembly about the Kings Death I shall say no more , you need not I think go from the Bar. The Jury go together , and after a little consultation among themselves , they returned to their places . Clerk of the Crown , Gentlemen of the Jury , are you agreed of your verdict ? Jury . Yes . Cl. Who shall say for you ? Jury . Foreman . Cl. Daniel Axtell hold up thy hand . Gent. look upon the Prisoner at the Bar : How say you , is he guilty of the high Treason whereof he stands Indicted , and hath been arraigned , or not guilty . Foreman . Guilty . Cl. Look to him Keeper . What Goods and Chattels ? Jury . None to our knowledg . The Tryal of Colonel Hacker the same day , 15. October , 1660. CLerk of the Crown . Set Francis Hacker to the Bar : ( which was done accordingly . Cl. Fr. Hacker , Hold up thy hand . These men that were last called are to pass upon you , &c. If you will challenge all or any of them , you must challenge them when they come to the Book , before they are sworn . Lord Chief Baron , You may challenge 35 peremptorily , but no more . Hacker . My Lord , I shall challenge none . Tho. Bide , Rob. Sheppard , Will. Dod , Sir Tho. Allein , Sir Hen. Wroth , Tho. Morris , Ralph Halsal , John Galliard , John Nicol , Tho. Vfman , Tho. Nicol , Christopher Abdy , in all Twelve . The Jury called and sworn . Clerk of the Crown . Proclamation , if any man can inform my Lords , the Kings Justices , &c. Clerk. Francis Hacker hold up thy hand ; look upon the Prisoner , you that are sworn of this Jury . You shall understand that Francis Hacker , Prisoner at the Bar , stands indicted , &c. Mr. Serj. Keeling . My Lords and Gentlemen of this Jury , Francis Hacker , the Prisoner at the Bar , stands indicted , amongst others , for Compassing and Imagining the death of the late King Charles the First of happy Memory . The Compassing and Imagining is the Treason it self ; the other points , as Convening , Assembling , Meeting together , and the actual villany that followed all these are but as Evidences of that Imagination . As to this person at the Bar our Evidence will be thus . We shall make it appear to you , that he was one of the persons that were upon the Guard , and kept the King a Prisoner , that he might be sure to be brought to that Mock Court of Injustice . Then it will appear to you , That this Prisoner at the Bar was highly trusted by all those Miscreants that thirsted for the Kings blood , by their bloody Warrant directed to him and others , to take the Kings person into custody , and to see Execution done . This was the person that kept him till he brought him to that fatal Stage . That this Warrant was lately brought from his own house by his own Wife to the House of Lords , and then we shall shew you that this person set his hand to the Warrant to the Executioner for Execution . That he did not do it ignorantly nor unwillingly , for he heard the Warrant read : we shall make it appear that he was upon the Scaffold , and had the Ax in his hand . Councel . Cryer , call Holland , Sympson , Col. Tomlinson , Mr. Nunnelly , Mr. Nutly , Hercules Huncks , and Benjamin Francis , who were all sworn as Witnesses . Councel . Mr. Sympson , speak your knowledge of the employment of the Prisoner touching the Tryal and Execution of the King. Hacker . My Lords , I will confess what I know in this case , to save your Lordships the trouble . I confess I was upon the Guard , and had a Warrant to keep the King for his Execution ( the Warrant being shewn to the Prisoner , he confessed that to be the Warrant . ) Councel . After you had that Warrant brought to you , did you by virtue of that direct another Warrant for Execution of the King ? Did you not take the King ( then prisoner ) from the custody of Colonel Tomlinson ? Hacker . No Sir , Councel . We shall prove it , the Warrant was read , At the High Court of Justice for Tryal , &c. My Lord at the time that this Warrant was signed , the person of the King was in the custody of Col. Tomlinson , did not you take and demand from Col. Tomlinson the person of the King as soon as you received that Warrant ? Hacker . No Sir , I demanded him not . Councel . Col. Tomlinson tell my Lords the manner of that business . Tomlinson . My Lords and Gentlemen of this Jury , I shall as my memory enables me , make a faithful Narrative of this business : I had indeed to do with the Guard , that had to do with the person of the King about St. Jameses . Being then an Officer of the Army , a Colonel of Horse , when the King came to St. Jameses : it was observed by some , that there was too great an access of people admitted to the King , and within one day or two after , there was a party of Halberteers appointed for the stricter observing the Guard ; they were commanded by three Gentlemen , of whom this Prisoner at the Bar was one ; the orders every day for removing the person of the King were commonly directed to four persons , and those were my self , Lieu. Col. Cobbet , Capt. Merryman , and one more : but the Guards that still went along were the Halberteers . So that every day when the King did go to Westminster , he went to Sir Robert Cottons House , and so far I went with him , and no farther . I never went with him nor saw him at that pretended High Court of Justice . When he used to go to the High Court of Justice , commonly ( every time indeed ) the Serjeant , Serjeant , Dendy ( as I remember his name was ) he used to come and demand , that the King should go to the High Court of Justice , and Col. Hacker did ordinarily go with him , with the Halberteers . It was my custom to stay in the room till he came back again : these Orders continued , during the time of his Tryal . After the Sentence was given , on the day whereon the Execution was to be done , it was ordered which order may be produced if significant ) that the Guards that were for the security of the person of the King should cease , when a Warrant from the High Court of Justice for the Execution should be produced : I would not omit any thing that I well remember , and this I remember , that the night before the Execution the King called me into his Chamber and told me several things ; I will take the occasion to trouble you with a short discourse of it , he told me of some Legacies he had given , he told me he had prepared something that he would speak the next day , and in the close of it he desired me , that I would not leave him ( for I speak it in truth ) there were many times several incivilities offered to him , and though I was upon a duty , that was of a harsh and unpleasing nature to me , and did desire several times to be released from it , ( as I believe is well known to some ) yet I did not admit any time that any incivility should be offered to him ; people would take Tobacco before him , and keep their hats on before him , I alwayes checked them for it ; he was pleased to have a consideration of that care , that I had in that capacity I then stood . That very night before his death he was pleased to give me a Legacy , which was a gold Tooth-picker and Case , that he kept in his pocket . The next day when the Warrant came , the Guard of Halberteers went with him through St. Jameses Park , I was present walking near the King , the Bishop of London ( now of Canterbury ) was with him and some others . As we were going thorough the Park , he was pleased to discourse something of what he had been discoursing before touching his Burial , he wished that the Duke of Richmond and some others that he should bring should take care of it . That morning in the Park , he told me he had been thinking of what he had said the night before . He told me he had some thoughts that his Son might come to bury him , and desired he might not suddenly be buried ; I gave him assurance I would communicate his desire , and so I did : when he came to Whitehall he went into a room in the Gallery ( I know not the name ) the Guard stood in the outer room there . There was a Gentleman that came to me there , and told me he was endeavouring to present a Letter from the Prince to the King , and told me he could not get an opportunity , I said he should not want an opportunity if I could help him ; it was Mr. Henry Seymor ; it was delivered and the King read it , and he gave several things in charge to Mr. Seymor to acquant the Prince with , and was pleased to mention to him , something of civility that I had shewn him in his imprisonment , the effect and fruit of it I find , and do most humbly acknowledg before all the world my thanks to his most gracious Majesty the King , and to the Lords and Commons . After Mr. Seymor was gone from him , ( I do not well remember the time , whether it was twelve , one , or two a clock , ) Col. Hacker came in , and there was present with him the two other Gentlemen that were named in the Warrant ( as I remember ) I am sure Col. Hacker ( if my memory fail me not ) did produce the Warrant . My self and those Gentlemen that were concerned in the former Orders looked upon this Warrant ; by which the Orders which he had were at the end . I must confess I did not , nor none of those did tell him that the Orders for security of his person were at an end , but Col. Hacker did go in to him , and after a little while Col. Hacker comes to the door , and the King was coming forth , and he told me that the King desired I should go along with him ; and indeed the night before when the King told me that he had prepared something to speak , he desired I would not leave him . So Col. Hacker led him forth , the Bishop of London followed him , and I followed the Bishop of London , the Guards were prepared without , and they went on to the Scaffold , when we came to the Scaffold I went so far as to the entrance upon it , the King was upon it , and had looked a little while about it , and was thinking to have spoken over , but he turned about to me , and began to direct his speech to me . I cannot trouble you with what the King said , for I cannot remember it , but that Colonel Hacker was there in prosecution of that Warrant , and upon that Warrant our Orders were at an end I do aver . Coun. You delivered him upon that Warrant , did you ? Toml , He went and received the King upon that Warrant ; it was a Chamber that was known then by the name of the Horn-Chamber , and there the King was in the inner room : this is the substrance of all . Coun. We will trouble you with one or two Witnesses more . Coun. Mr. Tomlinson , did Mr. Hacker or his Souldies take Tobacco to the Offence of the King ? Toml . I do not say that any Tobacco was taken there by Mr. Hacker , but the Souldiers would be stepping in , and take Tobacco at his Chamber in St. James's , and committed other incivilities . Councel . We have proved , that the Prisoner did demand , and had the person of the King : now we will prove to you that himself had the boldness to make a Warrant in pursuance of the former , for the Execution of the King. Coun. Cryer call Mr. Huncks . ( He being sworn said . ) Huncks . My Lords and Gentlemen of the Jury , that day the King died , a little before the hour he died , I was in Ireton's Chamber , where Ireton and Harrison were in bed together , there was Cromwell , Colonel Hacker , Lieut. Col. Phayer , Axtell , and my self standing at the door , this Warrant for the Execution was there produced , and you ( looking upon Mr. Hacker at the Bar ) were reading of it , but Cromwell addressed himself to me , commanding me by vertue of that Warrant , to draw up an Order for the Executioner ; I refused it , and upon refusing of it there hapned some cross passages . Cromwel would have no delay . There was a little Table that stood by the door , and pen , ink and paper being there , Cromwell stopped and writ , ( I conceive he wrot that which he would have had me to write : ) as soon as he had done writing , he gives the pen over to Hacker , Hacker he stoops and did write ( I cannot say what he writ , ) away goes Cromwel and then Axtell ; we all went out , afterwards they went into another room . Councel . What followed ? Hunc . Immediately the King came out and was murther'd . Mr. Secretary Morrice . Mr. Huncks , you did tell us in the Tower ( when we were sent by his Majesties Councel to examine you , and others there ) that Col. Hacker did then sign that Warrant for nominating and appointing the Execution . Huncks . My Lord , Cromwel comes to me , and bids me write a Warrant for that purpose ; I refusing of it , Cromwel writes himself , and Hacker writing to the same paper , what should I conceive , but that it was the Warrant ? ( the King presently after coming to the Scaffold . ) Councel . Did Cromwel give you no bad names , because you would not write that Order ; Did not he say you were a Coward ? Huncks . He said I was a froward peevish fellow . Councel . Did Hacker only write his name , or give directions in the drawing up of the Order . Huncks . I conceive he only writ his name . Councel . My Lord , we have only that Eye-witness . H. Hacker confessed to the Gentleman-Jaylor of the Tower , that if he did do it , he did it by order . Mr. Secretary Morrice , and the L. Annesly sworn . Councel . Mr. Secretary , we desire you would be pleased to tell my Lords what Col. Hacker , the Prisoner at the Bar , did confess to you and others touching this business . Mr. Secretary . When Col. Huncks ( for that title he now assumes ) was brought over out of Ireland , and committed to the Tower of London , there was three of the Council , by order of the Board , sent to examin him , Sir Anthony Ashly-Cooper , Mr. Annesly and my self : In obedience to that order , we repaired to the Tower , and had Col. Huncks brought before us , we told him , that he ( being one of those which was appointed by warant from the supposititious high Court of Justice , to carry on the Execution of the King , and see it done ) must needs know who was the Executioner : whereunto he answered , that he for his part did not know who was the Executioner ; for the Warrant whereby the Executioner was nominated & appointed , was refused to be signed by him , but Col. Hacker signed it , and therefore Col. Hacker must know it . Accordingly upon our return we made our Report to the Board , and upon this there was an Order , that Col. Hacker should be sent for , taken into Custody , and brought before the Lords of the Council : Accordingly he was apprehended , and the same three Councellors were sent down to examin him . We took him into a private room , and examined him , and told him ( amongst other things ) that he being the man that ( as we are informed ) did sign the Warrant , for the nominating and appointing the Executioner , doubtless he must needs know who that was , at first he said he did not sign this Warrant : I told him , I would have him well advised what he said ; for if you deny it , it will be proved by such a man , naming Col. Huncks , and that you will do your self a great prejudice if you deny that ; saith he , I do believe I did sign the Warrant for appointing the Executioner , that is all I can say . L. Annesly . Gentlemen of the Jury , it is very true as you have been told already , that I was amongst those that the Council sent , to the Tower of London , first to examine Col. Huncks and Mr. Cook , that hath been condemned , Hulet and some other Prisoners . We did examin Colonel Huncks , and he did by his Examination acquit himself from signing that Warrant that he was charged with , being one of the three appointed to see execution done , but they appointed another to sign the Warrant ( Col. Huncks refusing ) and upon his refusal ( as he said ) Cromwel that urged him to it , said he was a cowardly fellow , or something to that purpose : when we examined him about the person in the Frock , he said he knew nothing of that , but that Col. Hacker signed that Warrant for Execution ; this Examination being reported to the Council , the Lords sent for Hacker . I think upon notice Colonel Hacker came , he had been of the Army , and continued till that time an Officer : when he came thither , the Lords of the Council having notice of it , commanded the same persons formerly appointed , to go out and examine him ; we had him into a little room belonging to the Clerks of the Council , and examined him to that point concerning the Man that cut off the Kings head , whether he knew any thing of it : he did affirm positively he did not know ; we told him that he was the man , by testimony , that signed a Warrant for Execution of the King , and then certainly he must know the person that he appointed by his Warrant ; he said , if I did sign any Warrant , it was by command of the General , that being but hypothetical , we thought it meet to make it more positive , whereupon we asked him whether he was the Man that signed the Warrant or no. Thereupon ( as I remember , and as the Examination which was all written with mine own hand doth help my memory ) he did say he did believe he did sign such a Warrant ; thereupon he was asked further , how could it be possible , that he could forget the man if he signed the Warrant , he knew who the man was that was appointed , he said for that , that he did believe the Warrant was read to him , and that therein the mans name might be , but he could not now remember his name , this was the effect of his Examination and Confession . Councel . Mr. Francis , did you see Colonel Hacker at the time of the Execution upon the Scaffold ? Francis. Yes , I did see him as a principal Commander there , I was coming out of Westminster into London , about half an hour before the King came upon the Scaffold ; coming near the Scaffold , as soon as I was engaged in the throng , ( when I had passed about eight or ten yards , ) I could not pass backward nor forward ; I was inforced to stand there : during that time , I saw the Scaffold and the Ax , and the Block taken up by divers people , and principally I saw a man that is not here , he is in custody , I saw him take it up , and try it with his Thumb , and lay it down , this was James Berry , he came off , and came not upon the Scaffold again unless disguised . Councel . Did you see ▪ Hacker there , did you see him upon the Scaffold when the King came on ? Francis , I did see him , he was there , his Majesty came to the side of the Scaffold next to St. Jameses ; he looked that way and smiled , after a while the block and Ax lying down about the middle of the Scaffold , there was a black Cloath hung about the rails of the Scaffold . Councel . We have another Evidence , the Prisoner hath confessed enough , but we have proved that he had the King in custody , he confessed that he believed he did sign the Warrant , and that he at the time of Execution was there to manage it . What do you say for your self ? Hacker . Truly my Lord , I have no more to say for my self , but that I was a Souldier and under command , and what I did was by that Commission you have read . L. Ch. Bar. Can you deny any thing that Mr. Secretary and Mr. Annesly have declared ? Hacker . I cannot tell what I might then say , the Gentlemen were very strict with me , truly I have been no Counsellor nor advisor , nor abettor of it , but in obedience to the command over me I did act . My desire hath been ever for the welfare of my Countrey , and that Civil power might stand . L. Ch. Bar. Have you yet resolved who you gave the Warrant for Execution to ? Hacker . No my Lord , I delivered none . L. ch . B. But you know who it was directed to . Hacker . No indeed my Lord , be pleased to ask Col. Huncks whether I read this Warrant or no. L. ch . B. This is all you have to say for your self ? Hacker . Yea my Lord. L. ch . B. Then Col. Hacker , for that which you say for your self , that you did it by coommand , you must understand , that no power on earth could Authorize such a thing , No command in such a case can excuse you . There is a twofold obedience , a passive obedience , to suffer , rather than do things unlawful , and an Active obedience , to do that only which is lawful : and therefore this will not excuse your obedience to those unlawful commands . — Gent. of the Jury you see the Prisoner at the Bar stands indicted for compassing and imagining . the death of the late King , and there are several open Acts set forth in the indictment which tend to prove that matter : one is assembling and meeting together , another is sitting upon the King , another sentencing , and at last concludes with the murther of the King , as the consequence of all . Any thing that tends to the proving of this compassing and imagining his death , in any one of these particulars , that is an evidence to you to prove the whole indictment . This Gentleman was Commander of Halberteers , Col. Tomlinson saith , that though he kept the Guards that were about the Kings person , this Gentleman with two other persons , brought Halberteers , that there might not be such frequent access as formerly to the King , there is one Act. He commands these Halberteers at that time when the business was in agitation , before that High Court , as they called it . You see after the sentence was given , that he was one of the persons to whom the Warrant for Execution was directed , you see afterwards there was a consulting together , Cromwel , Ireton , Harrison , and Axtel , were in the Chamber , when Col. Huncks refused to sign : the prisoner signed the Warrant , but knows not the person , to whom it was directed : you see besides , Col. Tomlinson's testimony , who saith further , that when they were discharged , Col. Hacker went in and the King was brought out presently after to that fatal place . Col. Huncks swears , that when that Warrant was offered to him he refused it , that Hacker the Prisoner at the Bar , signed a Warrant , though he doth not remember the name of the person to whom ; it appears by two Witnesses ( honourable persons ) he confessed he signed it , but he did not know the person to whom directed . You see another Witness , Benjamin Francis , he saith he saw Hacker upon the Scaffold with the King. He doth not deny the fact , you need go no further , it is very plain he had a hand in this business , a principal agent in it , he that brought the King to the Scaffold , he that had the care in managing that business , he that signed the Warrant to the Executioner , either he is guilty of compassing the death of the King , or no man can be said to be guilty . The Jury went together , and after some little consultation , returned to their places . Clerk of the Crown , Gentlemen of the Jury , are you agreed on your Verdict ? Jury . Yes . Clerk. Who shall say for you ? Jury , Our Foreman . Clerk. Francis Hacker hold up thy hand , Gentlemen look upon the Prisoner at the Bar , how say you , is he guilty of high Treason whereof he stands indicted , and hath been arraigned , or not guilty ? Foreman . Guilty . Clerk. Look to him Keeper . Clerk. What Goods and Chattels , &c. Jury . None that we know of . The Tryal of William Hulet . 15. Octob. 1660. CLerk of the Crown , Set William Hulet to the Bar ( who was brought accordingly . ) William Hulet alias Houlet , hold up thy hand . Those persons that were last called of the Jury are to pass , &c. If you will challenge them , or any of them , you must challenge them when they come to the Book before they be sworn . L. Ch. Bar. Understand you have power to challenge five and thirty men , and not above , You may challenge them without cause shewn . If you have cause for any other , you may challenge them also . If you will have Pen , Ink , and Paper , you may have them . Hulet , Truly my Lord , I cannot Write but a very little , I shall not need them . I did not understand my Indictment well , I desire to hear it again . L. Ch. Bar. You will hear it read again . Clerk. Sir Thomas Allen , Sir Henry Wroth , Thomas Bide , Robert Sheppard , Thomas Morris , Ralph Halsal , John Gallyard , John Nicoll , Thomas Vfman , Christopher Abdy , William Dod , in all twelve . Jury called and sworn . Cl. of the Cr. Will. Hulet , alias Houlet , hold up thy hand . You Gentlemen that are sworn , look upon the Prisoner . Cl. You shall understand , that he stands indicted of high Treason , by the name of Will. Hulet alias Howlet , late of Westminster in the County of Middlesex Gent. for that he as a false Traytor , &c. ( here the indictment was read ) Unto which indictment he hath pleaded not guilty , and for his Tryal hath put himself upon God and the Country , which Country you are ; Now your charge is to inquire , &c. Sir Edward Turner , May it please your Lordships and you Gentlemen that are sworn of this Jury , we are now entering upon the last Act in this sad tragedy of the Murther of the late King , there have been before you some of the Judges , the Councel , the Chaplain , and the Guard , this Prisoner at the Bar , in the last place was one of those which came with a frock on his body , and a vizor on his face to do the work . The course of our evidence will be this , first we shall prove by witnesses that saw him , and knew him , that he was thus disguised : he hath confest that he was upon the Scaffold , that he hath had several preferments , and I fear it will appear that it was he that gave that fatal blow , for he hath confessed he had an hundred pounds given him for his service therein , and we doubt not , but to pluck off his vizor by and by . The indictment is for compassing and imagining the death of his late Majesty of glorious memory ; if we prove to you any circumstantial overtact , whereby you shall be convinced of this , you are to find him guilty . Richard Gittens sworn . Councel , Mr. Gittens , tell my Lord and the Jury what you know touching the prisoner at the Bar. Gittens . The thing is this my Lord , this Gentleman at the Bar and my self were both in a Regiment in one company as Serjeants , about twelve or thirteen years together . About a day or two before the King came to the Scaffold , Colonel Hewson did give notice to a Lieutenant , that we should come to him , about 38 of us ; and he put us all to our Oaths , that we should say nothing of what they did ; he swore us to the book ; after he had sworn us , he asked us if we would undertake to do such an Act , if we would , we should have an hundred pounds down , and preferment in the Army as long as that stood , and the Parliament . Afterwards we refused every person , we thought Captain Hulet did refuse : after all refused , it seems , he did undertake to do the deed . When the King was brought on the Scaffold , we were in Scotland yard , and they were upon the Guard in the Banqueting-Chamber : when they were there I laid down my Arms and got into the company ; Captain Webb kept the Guard , with his Halbert in his hand , by the Scaffold , and I did bustle to come near to them ; then I returned back . Hulet ( as far as I can guess ) when the King came on the Scaffold for his execution , and said , Executioner is the block fast ? then he fell upon his knees . Coun. Who did ? Gittens , Hulet , to ask him forgiveness , by his speech I thought it was he ; Captain Atkins , who would not undertake to do this fact , I told him , I would not do it for all the City of London , no nor I neither for all the World , saith Atkins ; you shall see Hulet quickly come to preferment : and presently after he was made Captain Lieutenant . Councel . Was he with his Regiment that day ? Gittens . We could not see him with the Regiment all that day , he was never absent at any time before . Councell . Did you know his voice ? Gittens . Yes Sir. Councell . Did you mark the proportion of his body , or his habit , what disguise he was in ? Gittens . He had a pair of freeze trunk breeches , and a vizor , with a gray beard , and after that time Colonel Hewson called him Father Gray-beard , and most of the Army besides , ye cannot deny it . Hulet . I desire as to this witness , he doth alledge that he and I were Serjeants in one company , which I deny , he was not in that company I was in , I desire to know of him how he comes to know that I was there at that time . Gittens . By your voice . Hulet . I will swear that this man was with the Regiment , under the Scaffold , where were you at that time when the Act was done ? G. Where was I , by Captain Web ? H. Where was he ? G. At the door of the Banquetting-house . H. Was you on the Scaffold or no Sir ? G. I was on the Scaffold end . H. My Lord I desire you to consider what this person saith , he saith he was upon the Guard in Scotland yard , and at the Scaffold with Captain Web. My Lord , I desire again , whereas he said I had a gray-beard , let any man besides himself say , that ever I was called by that name gray-beard throughout the Regiment . Stammers sworn . Council . What have you to say concerning the Prisoner at the Bar ? St. He was a Captain Lieutenant to Colonel Hewsons Troop , when I had entred my self into that Troop , I was a while in Dublin , and I was commanded by the prisoner at the bar , I and the rest , to march to a place called Lutterells Town , about 5 miles beyond Dublin , the prisoner at the Bar came thither to us two dayes after , then being in his chamber he sent for me up , I went up and sate down , he examined where I had served , I told him I did sormerly belong to the Lord of Inchequin ; he asked me if I was ever in the Kings Army , with that he walks about the room two or three turns , saith he , I was the man that beheaded King Charles , and for doing of it , I had an hundred pounds , saying , I was a Sergeant at that time . Hulet . I desire to ask him a question , I confess ( what is your name ? ) — Councel , Stammer his name is Stammers . H. Such a one was under my command . I think I have not seen you these eight Years ; I desire to know when these words were spoken and the place . St. I say in Lutterels town in your own chamber , and that was nine or ten years ago . H. It is about eight years ago since I left that command ; who was by at that time ? St. No body . Hulet . 'T is strange . How long had you been in the Troop before ? St. I was in Dublin about a fortnights time , then you sent for me and I came to Lutterels Town ; the first time that I came to the Troop was at Dublin , and then you came to me with two Orders from Hewson , and then you did pretend you was brother to one Mr. Chambers , and then we went and quartered in Lutterels Town . H. My Lord , his examination in Ireland and this doth not agree , you did deny this before Baldwin a Trooper , I desire his examination may be read ; ( which was accordingly read , and agreed with the testimony now given ) I desire he may mention what man that was that I sent for him . St. I cannot tell what man. H. My Lord , I desire that servant may be either named or produced . St. I cannot remember the man , it is seven years ago . H. Then again upon another accompt , as he speaks before that I should examine him where he had been , and that he should say at the Lord Inchequins . Captain Toogood sworn . Toogood , I shall first give your Lordships and the Jury what I have heard others say concerning the prisoner at the bar , and that is first Colonel Hewson : I was in the year 1650. about September , in Dublin Castle , about some business with Hewson , Captain Hulet the prisoner at the bar , came into the room , he talked with Colonel Hewson a little while , I observed them very familiar , and I asked Hewson what he was he told me he was his Captain Lieutenant of Horse , I desire to know where he had him , he told me he made him so from a Serjeant , and a very mettled fellow he was , it was , he that did the Kings business for him upon the Scaffold . In the year 1653. there was a disbanding of the Army in Ireland , this Gentleman was then continued Captain Lieutenant in Pretties Regiment , I discoursed with Pretty concerning him , and one part of it I remember , was about the Kings death , and he did tell me that he was assured by Colonel Hewson , that Hulet either cut off the Kings head or held it up , and said , behold the head of a Traytor : Colonel Pretty would not tell me which of the two it was , but I saw the person that did it , and me thought he did resemble this person . About 12. moneths after I came to live near the prisoner in Ireland , once I remember at one Mr. Smiths at the White-horse in Carlow , I met him there , and I was asking the prisoner at the bar the question , whether he was the man that cut off the Kings head or not , saith he , why do you ask me this question ? I told him I had heard by several , namely by Hewson and Pretty , upon that he said , well , what I did I will not be ashamed of ; if it were to do again I would do it ; once since that time , about half a year afterwards , I was in the same place , and there talking with him about the Kings death , he was telling me it was true , he was one of the two persons that was disguised upon the Scaffold . I desired to know , what if the King had refused to submit to the block ? saith he , there were staples placed about the Scaffold , and I had that about me that would have compelled him , or words to that effect ; other times I have heard him speak something to this . November , the last in the the Queens County at Maryborough , Col. Jones took upon him to be Governour , and to choose two out of a Regiment that might be the Rulers of the people , Legislators , I think they call'd them , I did discourse about the business again , and did oppose it all : after a while he began to be very hot in the business about Lambert : said I , you were heretofore too forward ; sayes he , if it be the business of the Kings head , I will never deny it , call me to an account when you will : I have observed in Ireland , that it hath been generally reported , that he was either the man that cut off the Kings Head , or that held it up , as I said before , and I have heard them sometimes call him Grandsire Grey-beard . Hulet . My Lord , I do confess I know the Gentleman very well , we were in a Regiment together , I never discoursed with any concerning this , but only once at a place going from Cullen to Munster , we did drink at a place called Goran ; we were discoursing about the business of the King , the justification of the cutting off his head ; saith Stammers , I did hear that you were one of the persons for that purpose ; said I , they that say so do me wrong : saith he , it is no matter if you were so ; for it was a just act : said I , whether it was or no , I have nothing to do to justifie it , he was speaking as I hope to be saved I would have done it . Walter Davis Sworn . Councel . What can you say , Mr. Davies , to this business ? Davies . Gentlemen , that which I can say is this : in January last was two years , I was at Dublin , I met Captain Hulet , he invited me to take share of a pint of Wine ; I went with him to a Tavern ; when we were in the Tavern he called for a pint of wine , and I called for another ; before we had drank out the last pint of wine , said I to Captain Hulet , I pray resolve me this one question , it is reported that you took up the Kings head , and said , behold the head of a Traytor ; Sir , said he , it was a question I never resolved any man , though often demanded , yet saith he , whosoever said it then it matters not , I say it now , it was the head of a Traytour . H. I confess we did meet together , as you say , but I must and do deny the words . Lieutenant Collonel Nelson sworn . Nelson , My Lords and Gentlemen of the Jury , upon a discourse with Col. Axtel as I related once this day , about six years since , in many other discourses we fell to discourse about the death of the late King , I supposing he had been acquainted with that affair , I desired him to tell me those two persons disguised upon the Scaffold ; he told me I knew the persons as well as himself , saith he , they have been upon service with you many a time : pray Sir , said I , let me know their names ; truly said he , we would not imploy persons of low spirits that we did not know , and therefore we pitcht upon two stout fellows ; who were those said I ? It was Walker and Hulet , they were both Serjeants in Kent when you were there , and stout men : Who gave the blow said ? saith he , poor Walker , and Hulet took up the head ; pray said I , what reward had they ? I am not certain whether they had thirty pounds apiece , or thirty pounds between them . Hulet , Pray let Mr. Axtel speak to this , he is hard by . Colonel Tomlinson sworn . Counsel , Pray tell my Lords your knowledg in this business . Tomlinson , My Lords and Gentlemen of this Jury , I cannot punctually remember what their habits were , but they had close garments to thier bodies , they had hair on their faces , one was gray to the best of my remembrance , the other was flaxen colour . Councel , Can you tell who struck the blow ? Tom. My Lord , I cannot remember , but I think he with the gray hair on his face did it . Nelson , My Lord , I will not positively say it , but it came lately to my mind that I did hear in Ireland by Col. Pretty that Hulet did it ; my Lord , this Col. Pretty is alive in Ireland . Ben. Francis sworn . Francis , My Lords and Gentlemen of the Jury , as to the Prisoner at the bar , he was very active in that horrid act , there was two of them had both clothes alike , their frocks were close to their bodies ( as I remember ) they were rather in Butchers habits of woollen , one had a black hat on his head cockt up , and a black beard , and the other had a grey grisled periwig hung down very low , I affirm , that he that cut off the Kings head was he in the gray periwig , and I beleeve this was about that mans stature ( pointing to Mr. Hulet ) and his beard was of the same colour , if he had any . I was coming from Westminster , the Scaffold was encompassed within , with a great Guard of Souldiers of Redcoats , I think commanded by Biscoe . Hulet , Was you upon the Scaffold ? Francis , No Sir , there was none of my constitution upon the Scaffold . Councel , Fuller evidence I think cannot be expected , you have heard all the Witnesses , what can you say for your self ? Hulet , My Lord , here is several witnesses examined concerning the business , and for my part I do not understand the Law : I must leave it to the Court. I can upon the other account prove where I was at that very time , I can in the next place my Lord , since I came into London , for I did not hear it before , I can tell you , who was the person that did that act , I can bring forty and forty witnesses that will prove who they were that did it , as I have been informed by several Witnesses , that they know who was the person that did it : upon the other accompt I can prove where I was that day , but I did not know when I was arraigned , what was laid to my charge : Here was some examinations taken before my Lord Mayor concerning the person or persons that did that act : ( here he offered a paper , a copy of the said examinations , subscribed Mary Brandon and divers others . ) Mr. Secretary . Morrice . Was you not examined in the Tower ? Hulet , Yes Sir. Mr. Secr. Morice , Did not we tell you , that you were charged with cutting off the head of the King ? Hulet , Yes Sir , you did tell me so . L. Ch. B. Then you had time to provide your witnesses . H. I was a close prisoner . L. Ch. B. Where were you on the day of execution ? H. I was a prisoner then at Whitehall . L. Ch. B. For what ? H. Upon this accompt we were taken up , about seven or nine of us were taken up , we were all Serjeants , three of Col. Hackers , the rest of Prides and Fairfaxes , and about ten of clock at night were discharged . L. Ch. Baron , For what were you imprisoned ? H. For refusing to be upon the Scaffold . Burden , It was a common speech among the Souldiers that Hulet cut off the Kings head . L. Ch. B. How long before did you see Hulet upon the guard ? Burden , The day before , but not that day , nor the day after . L. Ch. B. William Hulet , the evidence against you is twofold , one concerning the cutting off the Kings head , the other that you were in a frock . If it be proved that you did not cut off the Kings head , yet if you were in a frock in that place it will not excuse you , if you have any thing to say I will be glad to hear it . Hulet , I desire the persons may be examined upon oath , prisoners and others , who was the person that did it , I mean Hacker , Huncks , and Phayer . L. Ch. B. You that are the prisoner , for that which concerns Hacker and Phayer , you know what conditions they are in , one already tryed for his life , the other a prisoner in the Tower ; and Hacker saith himself , he doth not know the person at all ; you that are prisoner at the bar , the Court conceives you have had time to get your witnesses here , you were informed of the business before you came here , yet notwithstanding , it is conceived there are some here that can say something tending to the information of the Jury , but they are not to be admitted upon Oath against the King. Sheriffs Officer examined . Sheriffs Officer , My Lord , all that I can say in this business is this , one of our fellows that belongs to our Master the Sheriff , John Rooten by name , he and I were talking about this very story , and he did acquaint me with this . That he was in Rosemary-Lane a little after the Execution of the King , drinking with the Hangman , that he did urge him whether he did this fact . God forgive me saith the Hangman , I did it , and I had forty half Crowns for my pains . Abraham Smith examined . Smith , My Lord , assoon as that fatal blow was given , I was walking about White-hall , down came a file of Musketeers , the first word they said was this , where be the Bargemen . Answer was made , here are none , away they directed the Hangman into my Boat , going into the Boat he gave one of the Souldiers a half Crown , saith the Souldiers , Waterman away with him , be gone quickly ; but I fearing this Hangman had cut off the Kings Head , I trembled that he should come into my Boat , but dared not to examine him on shore for fear of the Souldiers , so out I lanched , and having got a little way in the water , said I , who the Devil have I got in my Boat ? says my fellow , sayes he why ? I directed my speech to him saying , are you the Hangman that cut off the Kings Head ? No as I am a sinner to God saith he , not I , he shook every joynt of him , I knew not what to do ; I rowed away a little further and fell to a new examination of him , when I had got him a little further : tell me true said I , are you the Hangman that hath cut off the Kings Head ? I cannot carry you said I , no saith he , I was fetcht with a troop of Horse , and I was kept a close prisoner at White-Hall , and truly I did not do it , I was kept a close prisoner all the while , but they had my instruments . I said I would sink the boat if he would not tell me true , but he denyed it with several protestations . William Cox examined . Cox. When my Lord Capell , Duke Hamilton , and the Earl of Holland were beheaded in the Palace yard in Westminster , My Lord Capell asked the Common Hangman , said he did you cut off my masters head ? yes saith he , where is the instrument that did it ? He then brought the Ax : is this the same ax are you sure , said my Lord ? Yes my Lord saith the Hangman , I am very sure it is the same : my Lord Capell took the Ax and kissed it , and gave him five pieces of Gold , I heard him say , sirrah , wert thou not affraid ? saith the Hangman , they made me cut it off , and I had thirty pound for my pains . Richard Abell examined . Abell , My Lord , in the house of one Mr. Bramston I did hear Gregory himself confess that he cut off the Kings head . L. Ch. B. You that are the prisoner at the bar , the Court is willing to give all full scope as far as may be to examine the truth of the fact ; as they would not condemn the innocent , so they would not acquit the guilty : do you desire further time to examine the truth of it , before it be put upon the Jury . H. I do confess I do not understand the Laws , I desire I may have a little further time : I desire the Jury may be withdrawn , I desire a fortnights time , but submit to the Court. A Stranger Examined . Stranger , My Lord , I was with my Master , in the company of Brandon the Hangman , and My Master asked Brandon , whether he cut off the Kings head or no ? He confessed in my presence that he was the man that did cut off the Kings head . Lord Chief Baron , You that are the Prisoner at the Bar , the Court was willing to give you as much time as they could by Law : The Jury hath been charged , and evidence given , all those Witnesses have been examined that we could hear of now , for your advantage , I will say something to you , It was here said , and given in Evidence , that Axtell did send a Boat to fetch the common Hangman , if we knew more that might tend to your advantage it should be repeated . You Gentlemen of the Jury , mark it ? There is first Gittens , he swears that he was in the same Regiment that you were in , twelve or thirteen years together , he saith that he and others were called together upon their Oaths , and you amongst the rest , and there was an Oath of secrecy , asking them if they would do such an Act , they all refused to do it , so did you : but he said , the day of Execution of the King this Gittens got among them , and one Captain Web kept the door , and he saw you fall before the King , and ask the King forgiveness , he said he heard your voice , and so knew you : and that the day after Captain Atkins said , you shall see Hulet shortly come to preferment , and he saith he did not see you in the Regiment that day , and that Hewson and all the Regiment used to call you Father Gray-beard . Stammers he saith , that you was Capt. Lieutenant to Col. Hewsons Troop , and you coming to Lutterels town , you asked him several particulars , whether he had been in the Kings Army , walking up and down you said , you were the man beheaded King Charles , and for that you had one hundred pounds ; this he swears positively . Samson Toogood he swears , he saw you come to Col. Hewsons in 1650. you talked to him very familiarly ; when you were gone he asked who you were , he told him you were a Captain Lieutenant of Horse , and he said , that you were a very mettled fellow , and did the Kings business upon the Scaffold : that afterwards , Col. Hewsons Regiment being discharged , you came to be of Pretty's Regiment , and that he told this Gentleman , that he was assured by Colonel Hewson , that it was you , that either cut off the Kings head , or took it up and said , Behold the head of a Traytor . He saith afterwards , that in 1654. in Carloe , he asked you the same question , and you demanded of him who told him ? He answered he was told by several persons , namely Hewson and Pretty . You said , what I did I will not be ashamed of , and if it were to do , I would do it again . He says again at another time , that you were one of the two persons who were then upon the Scaffold , and that there were staples to enforce the King to submit , if he strugled . I had that about me which would have done the business . And he says , in November last you came to a meeting upon a summons of Colonel Jones , and then did avouch Lamberts quarrel , he said you were too forward heretofore : you said , if it be the business of the Kings head , I will never deny it , call me to an account when you wil. He heard many call you Grandsire Gray-beard . Then there is another Witness , I think his name is Davies , he was in discourse with you , drinking two pints of Wine ; It is reported ( says he ) you took up the Kings head , and said , Behold the head of a Traytor : and he desired you to resolve him whether it was so or no : you said again , it had been demanded often : but you never resolved any man : you said , whosoever said it then , I say now , It was the head of a Traytor . Nelson he swears , that about six years since he was in discourse with Axtell about it , and Axtell told him they were a couple of stout men to your knowledg ( speaking to Nelson ) I was one to do in that affair : we made choice of two , Walker , and Hulet , who gave the Blow ? Walker , but Hulet took up the head . Colonel Tomlinson he says , that there were two on the Scaffold , one that had a gray-beard , and the other somewhat flaxen . Nelson also heard by Colonel Pretty that you did it : and then Ben. Francis he says , they had both Frocks alike , one a black beard , one a gray grisled periwig , and believes he was about your stature . This is the substance of what the witnesses have said against you ; Gentlemen you hear what has been proved on behalf of the Prisoner , that is , if you believe the Witnesses that are not upon Oath , that Brandon confessed it , and denyed he did it , several Witnesses that say Brandon confessed he did it , and that he told them of a sum of Money that was given him . Gentlemen of the Jury , you see the whole point in this case , the Indictment is for Compassing and Imagining the death of his late Majesty ; the Evidence goes two ways , part of the Witnesses one way , part another way , if you believe either of them , then you ought to find that the defendent is guilty : if either he was in the Frock , though he was not the man that did it , or if you find he did it , it is a clear testimony of his Imagining and Compassing the death of the King. Now it rests upon you to consider the Evidence that is given for the Common Hangman , that he should be the man that did it : that the Prisoner at the Bar did not cut off the head ; on the other side , if you do believe he was one of the two in the Frocks , upon the relations of these persons , Pretty , Hewson and Axtell , if you believe it upon these relations , and after his own confession , that if he was to do it again he would do it ; then upon this evidence that is given you , he is to be found guilty , though he did not cut off the Kings head . You have heard the Evidence on all sides , it rests upon you , pray go together and consider of your Verdict . I have forgotten one thing , God forbid I should omit any thing that may be as well for advantage as against the Prisoner at the Bar : if you take it singly , if you have nothing if other proof , what another man says of me doth not charge ●e , unless there be something of my own , what you have heard from himself , and what you have heard by relations from others , that is to be left to you . It is my duty to tell you , that which is said by another of me , that alone is not a pregnant evidence ; you must remember withal , what is sworn positively , what he said himself : this being said , I must leave it to you . Pray go together . After a more than ordinary time of consultation , the Jury returned to their places . Clerk , Are you agreed of your Verdict ? Jury , Yes . Clerk , Who shall say for you ? Jury , Our Foreman . Clerk , Will. Hulet alias Howlet , hold up thy hand . Gentlemen look upon the Prisoner at the Bar , how say you , is he guilty of the high Treason , & c ? Foreman , Guilty . Clerk , Look to him Keeper . What Goods and Chattels ? Jury , None to our knowledg . And then the Court adjourned till to morrow morning seven a clock in this place . Octob. 16th , 1660. Sessions-House Old-Baily . Proclamation of the Court. CLerk of the Crown . Set Isaac Penington , Hen. Marten , Gilb. Millington , Rob. Tichburn , Owen Roe , Rob. Lilburn , Hen. Smith , Edm. Harvey , John Downs , Vincent Potter , Aug. Garland , Simon Meyne , James Temple , Pet. Temple , and Tho Wayte , ( in all fifteen ) to the Bar , which was accordingly done . Clerk of the Crown , You the Prisoners at the Bar , those of the Jury that were last called are to pass , &c. if you or any of you , will challenge all or any of them , you must challenge them when they come to the Book before they be sworn . Charles Pitfield , Christopher Abdy , Richard Cheyney , George Tirrey , Daniel Cole , Hall , Richard Abell , Edmund Starnel , Edmund Pitt , Will. Witcomb , Fran. Dorrington , and T. Nicoll , called and sworn of the Jury . Cl. of the Crown , Isaac Penington , Henry Marten , &c. Hold up your hands . Gent. that are sworn look upon the Prisoners at the Bar. You shall understand that the said Isaac Penington , &c. together with , &c. ( here the Indictment was read ) Unto which they and every of them have severally pleaded Not Guilty , and for their tryal have put themselves upon God and the Country , which Country you are : now your charge is to enquire , &c. K. Coun. May it please your Lordships and you Gentlemen of the Jury , the Prisoners at the Bar stand Indicted of high Treason , for Compassing and Imagining the death of the late King CHARLES the First of Glorious Memory . The Indictment sets forth several Overt-acts , by which that Imagination doth appear , the Treason it self is the Compassing : Our Evidence will go on thus : We shall prove against them all , that they did sit ( in that which they called the High Court of Justice ) upon the King , whilst the King was a Prisoner at the Bar , most of them did sentence him , all but Harvy and Penington did sign that bloody Warrant for his Execution , and that one of the Prisoners at the Bar was in before the High Court of Justice consulting of bringing it about . When we have proved this I think it is enough . Pray call the Witnesses . Harvey . My Lord , according to my duty I shall save this honourable Court all their trouble . I do humbly acknowledg , that I was and did sit in that Court , but I did not Sign and Seal that Warrant . L. Ch. B. It is very true Mr. Harvey . Har. I hope your Lordships and this honourable Bench will give me leave ( in that time which you shall appoint ) to shew you my reasons that I did it not of Malice , and it was an error not of Will , but of Judgment ; what I have to say will be ( thought not for the annihilating ) yet for the extenuation of my crimes . Lord Chief Baron . Say now what you will , only consider with your self , whether you have not already spoken as much as you can for the Extenuation of it , say what you can further . Harvy . Let me speak a word . L. Ch. Bar. Go on Sir. Harvey . My Lord , I do humbly conceive , if I had conceived that I had then done any thing of Treason , I would not for all the World have been there . I was present when his Majesty did not own the Court , desiring that both his Houses might meet , that he might have a Conference with them for setling of the peace : My Lord , heartily and unfeignedly I did endeavour that that advice might be embraced , and that no sentence might be pronounced . I was one of those ( with some others ) that did so far promote it , that that which they called the High Court of Justice , did withdraw to consider of it , but the major part of it did dissent . But my Lord , I was so unhappy as to return to the Court , though with reluctancy ; I went with a resolution not to go more to them , nor never did ; I was sommoned to come to the Court : I did declare I abhorred the thing , that my Soul had reluctancy against it , and I was greatly grieved and troubled at it , and I did refuse any more to come , or to consult about any thing that followed in order to his Majesties death , and to Sign and to Seal . And that I may make it appear to your Lordships , I pray I may have a Witness or two examined . Lord Chief Baron . Name them . Did he sit upon the day of sentence ? Councel . Yes he did , he followed it . Mr. Edw. Corbet examined . Mr. Corbet . My Lord , the attestation which I this day make solemnly in the holy fear of Almighty God , and in awful reverence of this great Tribunal , hath only this great scope , that Colonel Harvey the Prisoner at the Bar , upon that day of signing the Warrant for that horrid Execution of His most Excellent Majesty , not in title only , but in reality , he finding me as I was passing to the duty of my place in the Assembly of Divines then sitting , he seized on me , and desired privacy of time and place , that he might disburthen his soul and spirit unto me , it was then about nine a clock in the forenoon to the best of my remembrance . L. C. B. What day I beseech you ? Corbet . To the best of my remembrance upon the Monday ; Sir , says he , I desire to make known unto you the deep horrour that sits upon my spirit , the sadness and grief above all expressions that my present case has cast me into ; I have endeavoured , Sir , says he , in the sight of God all that possibly I could , to divert them from the Sentence , I could not prevail . Sir , says he , I have been this morning sollicited with very much earnestness , that I would go and sign , and seal , and order , that wicked Execution , which my soul abhors ; and Sir , that I might be removed and withdrawn from all temptations and sollicitations of such a wicked fact , I beseech you spare me your time this day , which I did , in the presence of another Divine , till four a clock that afternoon , and then I parted and went to Westminster , to sign and assist that which I did apprehend my bounden duty , the Vindication of the Assembly of Divines , wherein we did testifie , that it was far from our thoughts to advise the Parliament to any such unheard of unnatural act . Councel . We do admit that after he sat and Sentence past , that he did not sign . Harvey . Be pleased to call one Mr. Tho. Langham , he hath heard me often declare against that act . Mr. Thomas Langham examined Lord Chief Baron . What do you say Mr. Langham as to this business ? Langham . Sir , about the time that his Majesty was executed in 1648. I was then Servant to Alderman Sleigh , who was formerly partner with this Colonel , and he frequently came to Alderman Sleigh's every night , and the Alderman having some business with him , would ask him what News there was at the High Court of Justice ; he usually told him the passages upon any day ; the Alderman asked him if so be he thought his Majesty might escape ? he told him this , that he would do what lay in his power that he might ; that he might not come to have Sentence past , upon Saturday being also there , he told him this , that he had done what lay in his power to hinder the Sentence , but could not attain his design , but he was resolved he would never sign , nor seal to his Majesties death , for it was utterly against his Judgment . Harvey . There is another ( my Lord ) and but one more , that is George Langham . Lord Chief Baron . To what purpose ? This is believed . Harvey . I shall only crave and supplicate this favour of this Honourable Bench , that this Honourable Bench will be pleased on my behalf ( since I have endeavoured it two moneths before ) to present my humble Petition to his Sacred Majesty , and to intercede for mercy and favour on my behalf , my self , my wife , and thirteen Children shall humbly pray . The Court received the said Petition , and promised to present it to his Majesty . Millington . I do not know whether it will be seasonable for me to interpose now I would speak a little . Lord Chief Baron . Is he next in order . Clerk. No my Lord , Pennington is next . Pennington . I am unwilling to be troublesom to the Court. This I shall take the boldness to say ; ( which shall be nothing but truth ) I never had a hand in plotting , contriving malicious practices against his Majesty , demonstrated by my utterly refusing to sign the Warrant for his Execution , though often sollicited thereunto ; I cannot deny but I sate amongst them that day of the Sentence , but I cannot remember I was there when the Sentence passed . My sitting amongst them was out of ignorance , I knew not what I did , therefore I hope you wil believe there was nothing of malice in any thing I did , I was misled to it . L. Ch. Baron . I cannot hear you ( he not speaking aloud . ) Penington . It was Ignorance , not Malice , that lead me ; if I had known what I had done , I would not have done it ; I humbly pray that there may be a favourable construction made of it , I humbly leave it with you . I did my Duty to pray for the King , but had no malice to act willingly against him . Clerk. Henry Marten . Counsel . He did both sign and seal the Precept for summoning the Court , and the Warrant for Execution ; sat almost every day , and particularly the day of Sentence . Marten . My Lord , I do not decline a confession so as to the matter of Fact , the malice set aside , maliciously , murderously , and traiterously . Counsel . If you have any thing to say to that , we will prove it . L. Ch. Baron . That I may inform you in it , there is malice implied by Law , malice in the Act it self : that which you call malice , that you had no particular intention or design against the King's Person , but in relation to the Government , that will not be to this present business ; if it should extenuate any thing , that would be between God and your own Soul ; but as to that which is alledged in the Indictment , Maliciously , Murderously , and Traiterously , they are the consequences of Law. If a Man meet another in the Street and run him through , in this case the Law implies malice , though but to an ordinary Watchman , there is malice by the Law in the Fact ; if there was no such expressed personal malice as you conceive , yet the Fact done , implies malice in Law. Mr. Solicitor General . My Lord , He does think a Man may sit upon the death of the King , sentence him to death , sign a Warrant for his Execution , meekly , innocently , charitably , and honestly . Marten . I shall not presume to compare my knowledg in the Law , with that of that Learned Gentleman , but according to that poor understanding of the Law of England , that I was capable of , there is no Fact that he can name that is a Crime in it self , but as it is circumstantiated . Of killing a Watchman , as your Lordship instanced , a Watchman may be killed in not doing his Office , and yet no murder . Lord Chief Baron . I instanced that of a Watchman , to shew there may be a malice by Law , though not expressed ; though a Man kill a Watchman , intending to kill another Man , in that case it is malice in Law against him : so in this case , if you went to kill the King when he was not doing his Office , because he was in Prison , and you hindred him from it , the Law implies malice in this . It is true , all Actions are circumstantiated , but the killing of the King is Treason of all Treasons . Justice Foster . If a Watchman be killed it is murder , it is in contempt of Magistracy , of the Powers Above ; the Law says , that contempt adds to the malice . Counsel . We shall prove against the Prisoner at the Bar ( because he would wipe off malice ) he did this very merrily , and was in great sport at the time of the signing the Warrant for the King's Execution . Marten . That does not imply malice . Ewer sworn . Councel . Come Sir , you are here upon your Oath , speak to my Lords and the Jury ; you know the Prisoner at the Bar very well , you have sometimes served him ; Were you present in the Painted Chamber , January 29. 1648. at the signing the Warrant , the Parchment against the King ? Ewer . The day I do not remember , but I was in that Chamber to attend a Gentleman there , I followed that Gentleman , ( looking at Mr. Marten ) I followed that Gentleman into that Chamber . L. C. Baron . After what Gentleman ? Ewer . Mr. Marten , my Lord , I was pressing to come near , but I was put off by an Officer or Souldier there , who told me , I should not be there ; I told him , I was ordered to be by that Gentleman . My Lord , I did see a Pen in Mr. Cromwel's hand , and he marked Mr. Marten in the face with it , and Mr. Marten did the like to him : but I did not see any one set his Hand , though I did see a Parchment there with a great many Seals to it . Sir Purback Temple sworn . Counsel . What do you know of that Gentleman in his carriage of this Business . Sir Purback Temple . My Lords , I being present in Town when that horrid Murder was contrived against the late King , there came some Persons of Honour , Servants to the late King , to my Father's House , Sir Edward Partridge , to engage me to join with them to attempt the King's escape . In order whereunto , they told me , nothing would tend so much to his Majesty's Service , as to endeavour to discover some part of their Counsels , for that it was resolved by Cromwel to have the King tried at the High Court of Justice , as they called it , the next day , and desired me ( if possible ) to be there to discover their Counsels , whereby the King might have notice , and those that were to attempt his escape . In order whereunto , the next day by giving Mony to the Officer of the Painted Chamber , I got in by day light in the Lobby to the Lords House ; I espied a Hole in the Wall under the Hangings , where I placed my self till the Council came ; where they were contriving the manner of trying the King when he should come before them : and after the manner of praying and private consults amongst themselves ; when their Prayer was over , there came news that the King was landed at Sir Robert Cotton's Stairs ; at which Cromwel run to a Window , looking on the King as he came up the Garden , he returned as white as the Wall : returning to the Board , he speaks to Bradshaw and Sir Henry Mildmay , how they and Sir William Breerton had concluded on such a Business ; Then turning to the Board , said thus ; My Masters , He is come , He is come ; and now we are doing that great Work that the whole Nation will be full of : Therefore I desire you to let us resolve here what answer we shall give the King when he comes before us ; for the first Question that he will ask us will be , By what Authority and Commission do we try him ? To which none answered presently . Then after a little space , Henry Marten , the Prisoner at the Bar , rose up , and said , In the Name of the Commons and Parliament assembled , and all the good People of England ; which none contradicted , so all rose up , and then I saw every Officer that waited in the Room , sent out by Cromwel to call away my Lord such a one ( whose Name I have forgot ) who was in the Court of Wards Chamber , that he should send away the Instrument , which came not , and so they adjourned themselves to Westminster-Hall , going into the Court of Wards themselves as they went thither . When they came to the Court in Westminster-Hall , I heard the King ask them the very same Question that Cromwel had said to them . Mr. Solicitor . Gentlemen , the Prisoner at the Bar confesses his Hand to the Warrant for Executing the King ; you see by his Servant how merry he was at the sport . You see by his Witness how serious he was at it , and gave the foundation of that Advice upon which they all proceeded ; and now he says he did it not Traiterously , I humbly conceive he means it was Justifiable . Sir P. Temple . At another time I was in Town on a Friday , and wanting Horses , I went to Smithfield , where I saw the Horses of State of his late Majesty to be sold in the Common Market ; at which I called to the Rider , said I , What makes these Horses here ? says he , I am to sell them ; Why , said I , there 's the King's Brand upon them , C. R. and he shew'd them me : said I , Will you sell these Horses ? What price ? he asked me three or fourscore pound a piece ; said I , Who warrants the sale of these Horses ? says he , Mr. Marten and Sir Wil. Brereton . Afterwards I heard the Horses were taken into the Mews by the Prisoner at the Bar , and Sir Wil. Brereton . Counsel . Was this before the Trial ? Sir P. Temple . It was in 1642 , or 1643. Counsel . That 's nothing to this Business . Marten . My Lord , the Commission went in the name of the Commons assembled in Parliament , and the Good People of England ; and what a matter is it for one of the Commissioners to say , Let it be acted by the Good People of England ? Mr. Sol. Gen. You know all good People did abhor it ; I am sorry to see so little repentance . Marten . My Lord , I hope that which is urged by the Learned Counsel , will not have that impression upon the Court and Jury that it seems to have , That I am so obstinate in a thing so apparently ill : My Lord , if it were possible for that Blood to be in the Body again , and every drop that was shed in the late Wars , I could wish it with all my heart : But , my Lord , I hope it is lawful to offer in my own defence , that which when I did it , I thought I might do . My Lord , there was the House of Commons , as I understood it , ( perhaps your Lordships think it was not a House of Commons ) but then it was the Supream Authority of England , it was so reputed both at home and abroad . My Lord , I suppose he that gives obedience to the Authority in being de facto , whether de jure or no , I think he is of a peaceable disposition , and far from a Traitor . My Lord , I think there was a Statute made in Henry the Seventh's time , whereby it was provided , That whosoever was in Arms for the King de facto , he should be indempnified , though that King de facto , was not so de jure : And if the Supream Officers de facto can justifie a War , ( the most pernicious Remedy that was ever adjudged by Mankind , be the Cause what it will ) I presume the Supream Authority of England may justifie a Judicature , though it be but an Authority de facto . My Lord , if it be said that it is but a third estate , and a small parcel of that , my Lord , it was all that was extant . I have heard Lawyers say , That if there be Commons appurtenant to a Tenement , and that Tenement be all burnt down except a small Stick , the Commons belong to that one small piece , as it did to the Tenement when all standing . My Lord , I shall humbly offer to consideration , whether the King were the King indeed , such a one whose Peace , Crowns and Dignities , were concerned in Publick Matters : My Lord , he was not in execution of his Offices , he was a Prisoner . My Lord , I will not defer you long , neither would I be offensive , I had then , and I have now a peaceable inclination , a resolution to submit to the Government that God hath set over me . I think his Majesty that now is , is King upon the best Title under Heaven , for he was called in by the Representative Body of England . I shall , during my life , long or short , pay obedience to him : Besides , my Lord , I do owe my life to him , if I am acquitted for this . I do confess , I did adhere to the Parliaments Army heartily , my life is at his mercy ; if his Grace be pleased to grant it , I have a double obligation to him . Mr. Sol. Gen. My Lord , this Gentleman , the Prisoner at the Bar , hath entred into a Discourse , that I am afraid he must have an answer in Parliament for it . He hath owned the King , but thinks his best title is the acknowledgment of the People ; and he that hath that , let him be who he will , hath the best Title : we have done with our Evidence . Marten . I have one word more , my Lord ; I humbly desire that the Jury would take notice , That though I am accused in the Name of the King , that if I be acquitted the King is not Cast : It doth not concern the King that the Prisoner be Condemned , it concerns him that the Prisoner be Tried ; it is as much to his Interest , Crown , and Dignity , that the Innocent be acquitted , as that the Nocent be condemned . Mr. Sol. Gen. My Lord , this puts us now upon the reputation of our Evidence ; and you may see how necessary it is to distinguish between Confidence and Innocence ; for this very Person that desires you to have a care how you condemn the Innocent , he doth seem to intimate to you , that he is an innocent Person at the Bar ; and yet confesses he did sit upon the King , did Sentence him to Death , that he signed the Warrant for the Execution , and yet here stands that Person that desires you to have a care of condemning Innocence : What is this at the bottom of it , but that my Fact is such as I dare not call it Innocence , but would have you to believe it such . Gentlemen of the Jury , was it your intention the King should be so tried , as this Prisoner moved ? It will concern you to declare , That the People of England do abhor his Facts and Principles , every Fact the Prisoner hath confessed himself , the sitting in that Court , which was Treason ; his Sentencing was Treason ; signing the Warrant for Execution was the highest of Treasons : Gentlemen , all that he hath to say for himself is , there was an Authority of his own making , whereby he becomes innocent ; But we hope out of his own Mouth you will find him guilty . Gilbert Millington . I desire you to hear me ; I come not hither to dispute , but to acknowledg ; I will not trouble you with long Discourses . My Lord , it is not fit for wise Men to hear them , I am not able to express them , I will not justifie my self , I will acknowledg my self Guilty . My Lord , The reason why I said the last day Not Guilty , was , in respect of being upon the Scaffold , and murthering the King , and those things ; but I will wave all things if your Lordship will give me leave , and will go unto the lowest strain that possible can be ; I will confess my self Guilty every way . I was awed by the present Power then in being . This I leave with you , and lay my self at your feet , and have no more at all to say , but a few words in a Petition , which I desire you will please to accept , and so I conclude . Counsel . We do accept this honest and humble Confession , — and shall give no evidence against him to aggravate the Matter . L. Ch. B. Your Petition is accepted , and shall be read . Robert Titchburne . My Lord , when I first pleaded to the Indictment , it was , Not Guilty in manner and form as I stood Indicted . My Lord , it was not then in my Heart , either to deny or justify any tittle of the matter of Fact : My Lord , The Matter that I was led into by ignorance , my Conscience leads me to acknowledg : But , my Lord , if I should have said Guilty in manner and form as I stood Indicted , I was fearful I should have charged my own Conscience , as then knowingly and maliciously to act it . My Lord , it was my unhappiness to be call'd to so sad a Work , when I had so few years over my head : A Person neither bred up in the Laws , nor in Parliaments where Laws are made . I can say with a clear Conscience , I had no more enmity in my heart to his Majesty , than I had to my Wife that lay in my bosom . My Lord , I shall deny nothing ; After I was summoned , I think truly I was at most of the Meetings ; and I do not say this , that I did not intend to say it before , but preserving that Salvo to my own Conscience , That I did not maliciously and knowingly do it , I think I am bound in Conscience to own it : As I do not deny but I was there , so truly I do believe I did sign the Instrument : And had I known that then which I do now , ( I do not mean , my Lord , my Afflictions and Sufferings , it is not my Sufferings make me acknowledg ) I would have chosen a red hot Oven to gone into as soon as that Meeting : I bless God , I do this neither out of fear , nor hopes of favour , though the penalty that may attend this acknowledgment may be grievous : My Lord , I do acknowledg the Matter of Fact , and do solemnly profess , I was led into it for want of years , I do not justify either the Act or the Person ; I was so unhappy then as to be ignorant , and I hope shall not now ( since I have more light ) justify that which I was ignorant of , I am sure my Heart was without malice ; if I had been only asked in matter of Fact at first , I should have said the same , I have seen a little ; The Great God before whom we all stand , hath shewn his tender mercy to Persons upon repentance ; Paul tells us , Though a Blasphemer , and a Persecuter of Christ , it being done ignorantly , upon repentance he found mercy : My Lord , Mercy I have found , and I do not doubt , but mercy I shall find . My Lord , I came in upon the Proclamation , and now I am here , I have in truth given your Lordship a clear and full account , what ever that Law shall pronounce , because I was ignorant ; yet I hope there will be room found for that Mercy and Grace that I think was intended by the Proclamation , and I hope by the Parliament of England . I shall say no more , but in pleading of that , humbly beg that your Lordships will be instrumental to the King and Parliament on that behalf . — Counsel . We shall give no evidence against the Prisoner ; he says he did it ignorantly , and I hope and do believe he is penitent ; and as far as the Parliament thinks fit to shew mercy , I shall be very glad . Owen Rowe . I have not much to say , I never had any ability ; therefore , my Lord , it was never my intent upon my Plea , as was said before , to deny any thing I have done ; for I was clearly convinced , that I ought to confess it before , and I do confess against my self , that I did sit there several times , and to the best of my remembrance , I did sign and seal the Warrant for his Execution ; and truly , my Lord , it was never in my heart to contrive a Plot of this nature . How I came there I do not know , I was very unfit for such a Business , and I confess I did it ignorantly , not understanding the Law , so was carried away hidden in the Business , not understanding what I did ; therefore , my Lord , I humbly intreat this honourable Court , that you will consider of it , and look upon me as one that out of ignorance did it ; and if I had known of my Act , I would rather have been torn in pieces with a thousand Horses . When I heard of the Declaration and gracious Pardon of his Majesty , I confess I went to my Lord Mayors & laid hold of it ; and I thought my life as secure as it is now in my own hands : But I do wholly cast my self upon the King's Mercy ; and as I have heard he is a gracious King , full of lenity and mercy , so I hope I shall find it . I was never against Government , it is a blessed thing that we have it , I hope all the Nations will be happy under it . I shall submit to his Majesty and Government ; I can say no more , I was not brought up a Scholar , but was a Tradesman , and was meerly ignorant when I went on in that Business ; I do humbly intreat your Lordships , that you would as tenderly as may be , present my case to the King , whom I rest upon , and leave all to your Lordships wisdom and discretion to do what you will concerning me . — Counsel . We accept his Confession , and do hope he is penitent before God , as well as before the World. Robert Lilburn . Be pleased to give me leave to speak a few words , I shall be ingenuous before your Lordships . I shall not wilfully nor obstinately deny the Matter of Fact ; But , my Lord , I must , and I can with a very good Conscience say , That what I did , I did it very innocently , without any intention of Murder ; nor was I ever Plotter or Contriver in that Murder ; I never read in the Law , nor understood the Case throughly ; What-ever I have done , I have done ignorantly . L. Ch. B. Because you shall not be mistaken in your words , God forbid that we should carp at your words ; the word Innocent hath a double acceptation , Innocent in respect of Malice , and Innocent in respect of the Fact. Lilburn . The truth is , my Lord , I was for the withdrawing of the Court , when the King made the motion to have it withdrawn ; and upon the day ( my Lord ) that the King was put to death , I was so sensible of it , that I went to my Chamber and mourn'd , and would , if it had been in my power , have preserved his life . My Lord , I was not at all any disturber of the Government . I never interrupted the Parliament at all . I had no hand in those things , neither in 1648 , nor at any other time . I shall humbly beg the favour of the King , that he would be pleased to grant me his Pardon , according to his Declaration , which I laid hold on , and rendred my self according to the Proclamation . Counsel . We shall say nothing against him . Henry Smith . My Lord , I shall not desire to spend your Lordships time ; what I have done , I did it ignorantly , not knowing what I did . I shall not deny the matter of Fact , but as to that I pleaded Not Guilty before , it was in relation to that which I was ignorant of , the Law of the Nation ; I have not been bred to it , I humbly desire your Lordships to consider , that what I did was done ignorantly , not knowing the Law. Counsel . What was that ? Smith . I do confess that I sat in the Court , I do not remember that I signed or sealed , ( both the Warrants being shewed him ) adds , My Lord , I confess the hands are like mine , but whether they be so or no I know not . Counsel . Then we will prove it . Is the Seal yours ? Smith . I do not know . Counsel . Do you confess you were in the Painted Chamber the 29th of January ? Do you remember any thing of that ? Smith . I do not certainly know that ? Counsel . My Lord , he hath said enough ; Shall the Jury doubt of that which he believes ? Smith . I do not remember that I did write it . Counsel . My Lord , we press it no farther , he hath confessed enough . Smith . My Lord , what I have don ? I beseech you consider ; I did it in ignorance , not knowing the Law ; there were those about me that were able to call me , who were then in Authority , whom I dared not disobey , if so , I had been in danger also . Counsel . My Lords , we have done , be pleased to direct the Jury upon these several Evidences and Confessions . Smith . I beg one word , I must declare this , I can speak it seriously , That from the first to the last of these unhappy Wars , I have been a Man of trouble and sorrow , I have been ( as many wiser Men have been ) run upon Error . My Lord , I know not what I have done , I pray that this Court will be pleased to be a Mediator for me , that I may have his Majesties favour , and that this Petition may be received on my behalf . ( He then delivered his Petition to the Court. ) I can rejoice for that happy settlement that is again in the Nations , and declare chearfully my humble submission to that Government ; and desire the Lord will bless and prosper his Majesty and the Parliament in these Nations . My Lord , I rendred my self according to the Proclamation , I shall say no more . Lord Chief Baron . Gentlemen you of the Jury ; These Prisoners that stand before you at the Bar , that is , Mr. Harvy , Pennington , Marten , Millington , Titchburn , Roe , Lilburn , and Mr. Smith , there are eight ; these are Persons who by the Act of Indempnity are to be tried for their Lives for the Treasons they have committed , but no Execution is to be until the Parliament have further considered the Matter that is before us , and you are to find the Matter of Fact ; What Mercy they shall find hereafter , that is to be left ( as I told you ) to the consideration of the Parliament , we are to proceed according to Law and Justice . They are all Indicted for Compassing and Imagining the Death of our late Soveraign Lord Charles the First , of most glorious memory : And for that that hath been opened to you , there are so many Overt Acts , which are as so many Evidences to prove that Indictment , which is the compassing and imagination of their Hearts to put the King to Death . If any one of these be proved , that is alone enough to prove the Indictment , which is the compassing and imagining of the Heart , that is the Treason , the other are but Evidences . If any thing burst forth from the Mouth , or from the Hand , as here it is , these are Evidences of the imagination of the Heart : for this you have heard by the confession of all of them , that they did enough to find the Indictment , they have all of them confessed their sitting upon the King in that traiterous Assembly , which they called the High Court of Justice . There is one of the Overt Acts expresly laid down in the Indictment , they took upon them an Authority to consider how to put the King to death , and that they did put the King to death ; but they were mistaken , as some of them said , that the actual murdering of the King was not their meaning . But if they did that which tended towards it , they are all guilty of Treason ; it is all one to you if they be guilty of any of these ; either Sitting , Sentencing , or Signing , they are guilty ; and all of these ; except two , are guilty of all these . The Matter is clear and pregnant , there is something hath been said by many of them with a great deal of expression of sorrow , they did confess ( all but one ) the Fact ; and that which tended to their defence was ignorance ; but that doth not at all concern you . It will be taken in its due time into consideration ; the several deportments of them all , that is for another Judicature . Your business is to find the Matter of Fact , only this let me repeat unto you , There is Mr. Harvy who hath pleaded several Matters which are not proper for you , expressing his sorrow and penitence ; We shall not trouble you with that , because they are for the consideration of another Court , We ought all to have a tender compassion , ought to be sorry with and for them that are sorrowful . The like of Alderman Pennington . Marten hath done that which looks forward more than backward , I could wish with all my heart , he had looked more backward ; that is , to repentance of that which is past , than obedience to that which is to come ; it is a trouble to repeat those things which he said himself , and truly I hope in charity , he meant better than his words were . Millington he hath done the like with the rest , confessed the Fact , put himself upon Mercy wholly , and said , He was over-awed by the present Power . This I repeat not as any thing to you , who are to consider only Matter of Fact. For Alderman Titchburn he hath spoken very fully , and truly very conscienciously — upon the whole Matter , acknowledges his ignorance , his sorrow , his conviction in point of Conscience ; and I beseech God Almighty to incline his heart more and more to repentance . They that crucified Christ ( to use his own words ) through ignorance , found mercy . Colonel Roe , He confesses the same wholly , and casts himself upon the King's Mercy , and he thought it a blessed thing that the King was restored again , and submitted wholly to mercy ; and so did Mr. Lilburn , he said he went to his Chamber and mourned the day the King was beheaded ; I am very glad he had so early a sense of it . William Smith , He did it ignorantly , he was not guilty thus far ; that was , he was led on , even like one silly Sheep that follows another , by what relation I have heard of the Person , at that time he was not thought fit to be of the Privy Council . There is nothing more to say to you , the Fact is confessed by them all . It is so clear you need not go from the Bar. After a little consultation between the Jurors , they returned to their places . — Clerk of the Crown . Are you agreed of your Verdict ? Jurors . Yes . Clerk. Who shall say for you . Jury . Our Foreman . Clerk. Edmond Harvey hold up thy hand . How say you , Is the Prisoner Guilty of the Treason whereof he stands Indicted and hath been Arraigned , or not Guilty ? Jury . Guilty . — Clerk. Look to him Keeper . Clerk. What Goods and Chattels ? &c. Jury . None to our knowledg . The same question being asked touching Alderman Penington , Henry Marten , Gilbert Millington , Alderman Titchborne , Col. Roe , Col. Lilburn , and Henry Smith , they were severally found Guilty by the Jury in manner aforesaid . All which Prisoners finding the place where they stood to be cold and unwholsome , prayed the Court they might have leave to be returned to the Prison , till the Court shall be pleased to command their further attendance ; which was granted . The rest of the Prisoners aforenamed , together with W. Heveningham , brought to the Bar. Clerk. You the Prisoners at the Bar , those Persons last called of the Jury are to pass , &c. If you or any of you , will challenge all or any of them , you must challenge them when they come to the Book before they be sworn . Clerk. Charles Pilfield , Christopher Abdy , George Terry , Daniel Cole , Anthony Hall , Richard Abel , Edmond Starnel , Edmond Pit , William Whitcomb , Francis Dorrington , Thomas Nicoll , Robert Sheppard , in all twelve , admitted and sworn of the Jury . Clerk. If any Man can inform , &c. Clerk. John Downs hold up thy hand , &c. and the like were said to to all the other Persons following , viz. Vincent Potter , Augustine Garland , Simon Meyne , James Temple , Peter Temple , Thomas Waite , and William Heveningham ; Look upon the Prisoners at the Bar you that are sworn , you shall understand that John Downes the Prisoner at the Bar stands Indicted , &c. Kings Counsel . May it please your Lordships , and you Gentlemen of the Jury ; The Prisoners at the Bar stand indicted of High Treason , for compassing and imagining the Death of the late King Charles the First , of blessed memory ; The Evidence by which we shall make out against them this Treason of their Heart , in compassing and imagining the King's Death , ( for that is the substance of the Indictment , and all that follows is but Evidence ) will be by proving that they did sit as Judges in that pretended Court of Justice , when the King stood a Prisoner at the Bar ; That they did Sentence him to death every one of them ; and we shall prove against all but one of them , that they did sign that bloody Warrant for murthering of the King ; and against one of them that stands at the Bar , we shall prove ( to his shame and confusion of face ) that he did spit in the face of our late Sovereign Lord. John Downes . My Lord , I have humbly pleaded Not Guilty , not with any intention to justifie the Fact , or to extenuate it ; but my Lord , in regard there is that charged in the Indictment , that my Conscience saith I am not guilty of , I durst not plead guilty ; otherwise , my Lord , I should not have troubled you with Not Guilty , but should have humbly taken the shame and confusion for it ; it is my intention to put the Court to as little trouble as possible I can , therefore I do most humbly intreat of your Lordships and the Court , that you will permit me to acknowledg that which will be a sufficient evidence of my Conviction , if the Court so please , and that you will be pleased to hear me on my behalf ; if I can humbly offer to you some special thing which is not in the Case of another , ( I could wish it had , if it had , we had none been here ) I do humbly acknowledg , that to sit upon that occasion in that place , is evidence enough to convince what is in the Heart , except by some signal Actions that might happen from some that might shew how it was his unhappiness to be put into such a business , yet had neither Malice nor Treason in his Heart : I do humbly conceive , that there is that goodness in you , that this Plea , this Allegation will be most welcome to you . My Lord , though there was such a thing , such an unparallel'd thing , I was thrust into this number , but never was in consultatin about the thing : God is witness , I was not put in till the Act was ready to pass in a second Commitment , by one of the same number ; I denied it , yet they said I must make one , I must take my share , so I came in . Never did I know of his Majesty's being brought to London till he came . My Lords , In this great unhappiness , I think it is some mitigation , and I judg it a happiness that so wise , prudent Persons as this Court consists of , that you are my Judges that can look back , my Lord , and consider what the Times were then ; and can , my Lord , account it a happiness that there is a special Wisdom in you , that in nice Cases you will be able to make a distinction . I do indeed , my Lords , sadly and seriously confess , That I was divers times with those Persons that were called Judges of the late King , at several of their Meetings and Sittings ; it is long ago , I cannot say how often , I was several times there . My Lord , I do humbly beg of your Lordships , ( I will trouble you as short as I can ) that you would be pleased so far to favour me , as to give me leave to give you a short account of the business ; The last day his Majesty came to that which was called then a Court , several times he was brought , ( I think thrice ) and his Charge was given in words high enough , he said , He could not acknowledg their Jurisdiction , that was the Answer , my Lord , till the last day , then I confess I was there . He that was called President , did again and again tell him the Heads of his Charge ; told him , he had several days given for consideration , That this was the last day that the Court ( as they call'd themselves ) would give him his final Answer ; if he stood still to day and move to the jurisdiction of the Court , they must take all pro Confesso , and would give sentence : My Lord , to this his Majesty indeed with a great deal of composedness and wisdom told them to this effect , I cannot own your Jurisdiction , you have power enough indeed , I wish you may use it well , but because you are so ready to give a sentence which may be sooner given then avoided , I think fit to let you know , that I have something that I desire to speak to my Parliament , for I have something to offer unto them that will be satisfactory to you all , and will be for the immediate settlement of the Kingdom in peace — My Lord , he that was called President , answered , that no notice could be taken of any thing but onely whether he would answer to his Charge : upon that my Lord , his Majesty indeed ( with the greatest earnestness that ever I beheld , and yet in no unseemly passion ) told them they might soon repent of such a sentence ; that he did conjure them to withdraw once again and to consider of it , if it were but half an hour , or ( saith he , if that be too much for you ) I will withdraw . My Lord , here I can make my appeal to him that must judg me when you have done with me , I had not a murderous nor a trayterous thought against him , but , Sir , I confess such deep passions did fall upon me , that truly my self I was not . I remember the persons betwen whom I sate , as it fell out , were one Mr. Cawly , and Col. Walton , these two I sate betwixt , these were the very words I speak to them , Have we hearts of stone , are we men ? they laboured to appease me , they told me I would ruine both my self and them ; said I , if I die for it , I must do it . Cromwel sate just the seat below me , the hearing of me make some stir , whispering , he looked up to me , and asked me , if I were my self ? what I meant to do , that I could not be quiet ? Sir , said I , No , I cannot be quiet : upon that I started up in the very nick , when the President commanded the Clerk to read the Sentence , I stepping up , and as loud as I could speak , spoke to this effect , these words , or to the like purpose , My Lord , ( said I ) I am not satisfied to give my consent to this Sentence , but have Reasons to offer to you against it , and I desire the Court may adjourn to hear me : presently he stept up and looked at me ; Nay , saith he , if any one of the Court be unsatisfied , the Court must adjourn : Sir , accordingly they did adjourn into the inner Court of Wards ; when they came there , I was called upon by Cromwel to give an account why I had put this trouble and disturbance upon the Court ? I did speak , Sir , to this effect , ( it is long ago , the very words I think I cannot speak ) but to this effect I did speak : My Lord , I should have been exceeding glad if the Court had been pleased to condescend to this gracious Expression ; but it is not too late for me : I desire not his Death but his Life , and that the Nations may be setled in Peace : The King now is pleased to offer , That if he might but speak with his Parliament , he would offer to them such things as should be satisfactory to us all . So ( said I ) what would you have ? Your pretence of bringing him to these Proceedings was , That after such a long and bloody War , his Majesty would not condescend to such Concessions as might secure the Parliaments Party ; but now you hear him , that he will give every one of us satisfaction : I told them , sadly told them , ( I think I may truly say , more sadly then , than at this time ) that if they should go precipitantly on , and give Judgment upon him , before they had acquainted the Parliament with what the King was pleased to offer , we should never be able answer it ; the rather , my Lord , ( and that I did press with all the little understanding that I had ) if they did but consider the last concluded Order that the Parliament made after the passing of the Act for Trial , ( that which was so called ) I say there was this Order that shut up all , That upon any Emergency that could not at that time be thought on in the House , the Court should immediately acquaint the House with it . My Lord , I did infer as strongly as I could to them , That if this were not Emergent , I could not tell what was : The King denied the Jurisdiction of the Court , and yet with all vehemency desired to speak with his Parliament ; were not these Emergencies ? if not , I knew not what were Emergences . My Lords , Besides this , there was another thing I did press , that I thought was of greater consequence than this , as to the satisfaction of every Man 's particular Conscience ; that admitting ( if it might be admitted ) that the King was liable to his Subjects , that they might call him to an account , and might condemn him , ( I beg your pardon that I take the boldness to make such admissions ) but if such a thing might be admitted , certainly it did exceedingly become those Judges that were to give such a Sentence , ( not against a common Person , but against the greatest ) to be very well satisfied in Matter of Fact , to a full Evidence before them , that such and such things that were said were true . I do acknowledg this , that to the best of my apprehension ( I wish it had been so to others ) there was a great shortness in this ; I do humbly affirm this , That not one Member of the Court did hear one Witness , Viva Voce ; I did press , That if the Court did give Judgment against the King , without a fair Examination , I said it was such a thing , as no Judg at any Assizes would do against a common Person ; what I had was from Peters , and from some private Whispers from one of them that is gone , and hath received his Sentence and Doom . Cromwel did answer with a great deal of storm , He told the President , that now he saw what great reason the Gentleman had to put such a trouble and disturbance upon them ; saith he , Sure he doth not know that he hath to do with the hardest hearted Man that lives upon the Earth ; however it is not fit that the Court should be hindred from their Duty by one peevish Man ; he said , the bottom was known , that he would fain save his old Master , and desired the Court , without any more ado , would go and do their Duty . Another that spoke to me in answer , was one that hath been before you , and hath rereived his Sentence , but is not dead , ( and I desire I may not name his Name ) his answer was to what I have said , That some Men were either Scepticks or Infidels . After this I did go into the Speaker's Chamber , and there I did ease my mind and heart with tears , God only knows . I have an unhappy memory , I have slipt many thin●s . Lord Chief Baron . Remember your self by Papers if you have any , no man will hinder you . Downes . I have no papers ; but my Lord for the truth of this I have said , there are some witnesses that will make the substance , the effect of this appear . Lord Chief Baron . Mr. Downes , there is one particular before you come to the witnesses , that after all these Convictions , you signed the Warrant : you deny it , the Council will prove it . Downes . I did never hope or think that any thing I can say , should be so satisfactory to you , but things might be retorted upon me , and perhaps what I thought might be for extenuating my Crime , my fall out to my disadvantage : I understand you do proceed upon three particulars , either signing the first Warrant for constituting the Court ; To my remembrance I know not of it , if my hand was to it , I have forgot . Counsel . Your hand is not to that , but we mean your hand is to the Warrant for execution — pray shew it him , ( It was shewn him . ) Downes . My Lord , how to reconcile that which hath been said before , with this that comes after , I leave it to you , I am totally at a loss . When those times were , how impetuous the Soldiers , how not a man that durst either disown them , or speak against them . I was threatned with my very life , by the threats of one that hath received his reward , I was induced to it . Certainly , my Lord it , doth argue that there was not malice predommant ; Love and Hatred cannot be at the same time in one person . Design , my Lord , what should be my design ? a poor ordinary mean man. Surely my Lord , I could not design any great matters or places . I knew my self unfit , I humbly beg you would give me leave to tell you a little what I got . — Mr. Sol. Gen. By your favour , my Lord , the Prisoners at the Bar may say what they will , by way of extenuation , but we expect that when they enter upon these Discourses they will save your Lordships time and ours , by a publick confession and evidence of sorrow . We cannot spend so long time to hear these long Discourses , we will rather prove it against every man singly . Downes . I will trouble you no further , I do acknowledge all , I humbly submit and beg your favour , and leave my self eupon my Countrymen the Jury , and beg the King's mercy specially . — Pray spare me one word , that you would hear but a Witness or two unto that business . Counsel . He doth confess he sate and signed , we beleive he is sorrowful , and against his Conscience he did sign , and that he did it out of a fear and from a threat , that he was over-awed ( so was the Hangman too : ) but after he had apprehended this sorrow , and declared his Judgment upon the fact , he signed the Warrant . Downes . My Lord , I do humbly beg his Majesties mercy , I came in upon the Proclamation . Vincent Potter . My Lord , my condition requires ease for my Body , ( he had a fit of the Stone upon him at that same time ) I pray that the passing the Sentence for execution may be suspended . L. Ch. B. The Execution must be suspended , for you are within that Qualification . Potter . I desire only this , I am not in a condition to declare what I know and would speak , I am mighty ful of pain , if I am under that Qualification , let me rest under that . Counsel . Do you confess the Indictment , or will you put us to prove it . Potter . I am one that came in . L. Ch. B. It is thus with you , whether or no did you sit , sign , or act in this High Court of Justice against the King ? Potter . I will deny nothing , I confess the fact , but did not contrive it . I am full of pain . Lord Chief Baron . According to the demerit of the Case in Law , you must receive Judgment here , but no execution of that Judgment shall be , until the King by advice and consent of Lords and Commons shall order the execution of it , you are to be tried now . Do you confess you signed the Warrant for execution of the King ? Potter . I do confess it , my Lord. Counsel . We do accept it . Potter . I beseech you let me go to ease my self . Lord Chief Baron . Officer , set a Chair for him . ( which was done ) Mr Potter sit down . Aug. Garland . May it please your Lordship , I came here this day intending to have waved my plea , and referred my self to this honourable Court , to be recommended to the Kings mercy and the Parliament : But hearing of some scandal up●● me more then ever I did hear , till within these few dayes , I shall desire your favour in hearing of my Trial. Mr. Sol. Gen. My Lord he saith well , for if he had confessed the Indictment , we should not have accepted it . [ Call the Witnesses . ] Garland . I do confess this , I sate , and at the day of Sentence signed the Warrant for Execution . Mr. Sol. Gen. And we will prove that he spat in the Kings face . Gar. I pray let me hear that , Otherwise I would not have put you to any trouble at all . — Clench sworn . Counsel . Do you know the prisoner at the Bar , Augustine Garland . Clench . I know him very well . Counsel . Tell my Lords and the Jury how you saw him behave himself , to our Sovereign Lord the King when he was at the Bar. Clench . I was that day at Westminstar-hall when the King had sentence they hurried the King down , this Mr. Garland came down stairs by them , towards the bottome of the stairs he spit in his face at a little distance . Couns . Do you believe he did it on purpose , upon your oath ? Clench . I suppose he did it somewhat suspiciously in that way ; I did see the King put his hand in his left pocket , but I do not know whether the king wiped it off . Mr. Sol. Gen. The King wiped it off , but he will never wipe it off so long as he lives : He hath confessed that he sate , that he sentenced , and that he signed : We say he contrived it at the beginning , and at last bid defiance to the King , I shall desire he may be remembred in another place Garland . I do not know that I was near him at that time , I do not remember this passage . I am afraid he is an Indigent person . If I was guilty of this inhumanity , I desire no favour from God Almighty . L. Ch. B. I will tell you this doth not at all concern the Jury , but this Circumstance possibly may be considered in another place . Gar. I refer my self whether you be satisfied , that I did such an Inhumane act , I submit that to you ; I dare appeal to all these Gentlemen here ( looking upon the prisoners ) or any other whether they ever heard of it , nor I was never accused for such a thing till a few dayes since ; but I wave my plea , and refer my self to the Court : Now , my Lord , this is the truth of my Case , there is that honorable Gentleman , the Speaker of the House of Commons , knows , I lived in Essex in the beginning of these troubles , and I was inforced to forsake my habitation , I came from thence to London , where I have behaved my self fairly in my way . Afterwards in 1648 I was chosen a member into the Parliament ; in June 1648 I came in a Member of the Parliament . My Lord , after the division of the House , by the insolency of the Soldiery ; some came to me , and desired me , that I would go to the House , I was then at my Chamber at Lincolns-Inne , I forbore a Week and more ; said I , I do not expect to be admitted , for they look upon me as another person ; said they , If you will go , you shall have no contradiction ; I went , and went in , when I was in , the first business that came was the business of Tryal of the King , and it was put on me to be Chair-man for bringing in this Act for Tryal ; I did not know how to contradict that power or authority ( be it what it will ) but I must obey ( I fear my ruine will follow it : ) in that respect my Lord , when I came there , I was forced to run through out , what they had imposed upon me . — Having seen me , I could not shrink from them for fear of my own destruction , and thereupon I did go in , and did that which I have confessed to your Lordships , not out of any malignity to his Majesty . I had never any disrespect to him in my life ; My Lord , I did not know which way to be safe in any thing : without Doors was misery , within Doors was mischief . I do appeal to all that had any thing to do with me , that I never did any wrong to any that was of the Kings party , but helped them as I was able . My Lord , when the Government was thus tossed , and turned , and tumbled , and I know not what , and the secluded Members came into the House , I knew not what to do in that case neither . Assoon as this Parliament had declared the Treaty , which was the eighth of May , the ninth of May I appeared before the right honourable the Lord Mayor of London , and did claim the benefit of his Majesties gracious Declaration , and to become a Loyal Subject , as in my heart I alwayes was ; and my Lord Mayor being there , I hope he will testifie , that assoon as I heard of the Proclamation , I rendered my self according to the Proclamation ; My Lord , this hath been the carriage of me , being alwayes under fear and force , I refer my self to your Lordships . Symon Meyne . When I was last here , my Lord , that I did then speak Not guilty , was not as to the matter of fact , but my Conscience telling of me , that I had no malice or ill intention to his Majesty , that was the reason . For Matter of fact I shall acknowledge what I have done , and lye at his Majesties feet for mercy . I am an ignorant weak man in the Law , I will confess the fact . Couns . Did you sign the Warrant for summoning that Court , and did you sign the Warrant for Execution of the King ? Meyne . I did sit in Court ? Counsel . Did you sign the Warrant for Execution ? Meyne . My Lord , I knew not of the King 's bringing up , I never was at any Committee . Counsel . We do not ask you that . Look upon the Warrant , and see if your hand and seal be not to it ? Meyne . My Lord , it is my hand . Counsel . Then my Lord we have done . Meyne . My Lord , I acknowledge it is my hand . By what importunity it my be known to some here . I was very unwilling to it , I was told , What fear was there , when forty were there before , and twenty was of the Quorum ? I was thereupon drawn in to set my hand to it . My Lord I never plotted nor contrived the business . There was a Gentleman that told me , if I did offer to speak in the House ( pluckt me down by the Coat , and he told me I should besequestred as a Delinquent ( the name of this person I shall omit ) saith he , you will rather lose your estate , then take away the King's life . I leave it with you . James Temple . At the last time I pleaded to the Indictment Not guilty , but I shall now desire to see my hand , and if it be my hand , I must confess all , circumstances must follow . ( The Warrants being shewn him ) I do accknowledge it is my hand to both , I never did consult concerning the Court. Counsel . There are some worse then he , but he is bad enough . James Temple . I refer my self to the King and Parliament , and presented a Petition , which was received by the Court. Peter Temple . When I was here the last time , I pleaded Not guilty — the reason was , because there are divers things in the Indictment , that my Conscience tells me I am not guilty of , for I had not a malicious or trayterous heart against the King. To save your Lordships time , I will confess what I am guilty of . I was in the Court , sate there , if I see my hand , I shall confess it . Counsel . Were you there when Sentence was given ? Temple . Yes Sir. Counsel . Shew him the Warrants ( which being shewed him ) I acknowledge they are my hand , and refer it to your Lordships . Counsel . Mr. Wayte , you heard the Charge read against you , what say you to it ? Thomas Waite . Truly my Lord , when I was here last , I pleaded not guilty , I humbly desired then your Lordships to hear me a word or two . You promised me then I should be heard , I shall desire to speak for my self . Lord Chief Baron . God forbid but you should . Mr. Sol. G. By your Lordships favour we must speak first if he will confess the fact , he my speak what he will. Did you sit in the Court ? Waite . Yes . Counsel . The day of Sentence ? Waite . Yes . Counsel . Is your hand to the Warrant for Execution ? Waite . I know not , pray let me see it . ( It was shewen him ) My Lord I confess it is like my hand , but I do not remember it . Counsel . If you do not acknowledge it , it will be proved . Waite . Truly my Lord , I do beleive it is my hand . Counsel . Then the Jury will not doubt it . Waite . But I desire to be heard . I am loath to trouble you much , I will tell you how I was brought into this business . My Lord , I was a Member of that House , that erected this Court , when the Treaty was in the Isle of Wight . Immediately after the Army came up , I was utterly against that Act in the House . When the Army came up to purge the House , I was much troubled at it , I desired to know the Charge they had against them . Two or three dayes after I did move , and there were other Gentlemen that did move to know what Charge there was . They sent word we should have a Charge in due time , we sent and none came , but said we should have it in due time : I went to those worthy Gent. to see them in prison , and seeing nothing would be done , I took my leave and made account to see them no more , and went down into the Country to Leicester-shire : I was sent for up several times . I would not come with threats upon pain of Sequestration . My Lords , there were Petitions going up and down in the Country for bringing the King to that business , which was against my conscience . I went to Rutlandshire , I heard there were some things working there , I used my interest , and I thank God I stopt it . I came then to London , when all these things were destroyed I came to London : the day before the Sentence was given , I went to the House ( thought nothing ) some were sent to the Tower , and I was sent for to the House , and my name was in the Act unknown to me , but one sent a Note in my Lord Gray's Name , that he would speak with me ; I went to him , and I said , my Lord , what would you do with me ? saith he , I did not send for you . Thereupon Cromwel and Ireton laid hold on me , said they , We sent for you , you are one of the High Court. No , said I , not I , my Judgement is against it : they carried me to the Court. When the King desired to speak with his Parliament , I rising up , one told me I must not be heard , for the President was to give Judgement , and said there was an order that none should speak in Court. Mr. Downes did move , and they did adjourn the Court , and I was glad I got out , Cromwell laughed , and smiled , and jeared in the Court of Wards . I hope your Lordship will be pleased to consider , I was no Contriver , no Soldier that put the force upon the House , that erected the Court ; None of the Law-makers , or did any thing maliciously against the King. My Lord , I was looked upon with an evil eye , for regarding the King's friends in the Country : Gray he told me the King would not die , I hope he will not , said I. The next day on Monday , I went to the House , they were labouring to get hands for his Execution at the Door . I refused , and went into the House ; saith Cromwell , those that are gone in shall set their hands , I will have their hands now . That night I went to the Lord Grays , and he said , I am afraid they will put him to death . I said so also . My Lord , I have been a great sufferer , I was drawn in , trapan'd into it , since being a friend to the Kings friends , I am almost ruined in my estate ; I beseech your Lordships make the best interpretation . I hope you will believe I was no Contriver , I humbly lay hold upon the Kings mercy and favour . I came in upon the Proclamation , I pray that this Honourable Court , will prefer my Petition to the King and both Houses of Parliament , which the Court then received . William Heveningham . My Lord , in 1648. we were under a force , under the tyranny of an Army ; they were our Masters : for a malicious and a traiterous heart I had not . I do absolutely deny the signing the Warrant for summoning the Court ; and also that Warrant for execution of the King ; at the time of sealing , I had that Courage and Boldness that I protested against it . Counsel . We do not question him for that , but for sitting in the high Court of Justice , and that upon the day of the sentence , do you deny that ? Heveningham . My Lord , I cannot say positively . Counsel . If you deny the matter of fact , it must be proved . Heveningham . I cannot say positively , but it may be I might . Counsel . Either say positively you did , or else let the Witnesses be call'd . Heveningham . Truly , my Lord , I think I did , but my after-actions — Lord Chief Baron . Mr. Heveningham , that shall be considered . Counsel . My Lord , to sit upon the day of Sentence was high Treason in it self , and is an evidence of Compassing and Imagining the Kings death . Hev . I shall lay hold of the Declaration , I came in upon the Proclamation , I pray your Lordships to interceed for me to the King , and both Houses of Parliament , I pray the mercy of this Court. L. C. B. You of the Jury , they have all confessed , and therefore you may go together . Simon Meyne . My Lords , I have forgot my Petition , it is at my lodging , I desire I may send it at night . John Downes and Peter Temple prayed the like favour . L. Ch. B. Do , send them , they shall be received . The Jury having consulted together a certain time , they went to their places . Clerk. Gentlemen , are you agreed of your verdict ? Jury . Yes . Clerk. Who shall say for you ? Jury . Our Fore-man . Clerk. John Downes , hold up thy hand — Look upon the prisoner , how say you , is he guilty of High Treason whereof he stands indicted , and hath been arraigned , or not guilty ? Forem . Guilty . Clerk. Look to him Keeper . What Goods and Chattels , &c. Forem . None to our knowledge . And the like verdicts at the same time passed in the same manner against Vincent Potter , Augustine Garland , Symon Meyne , James Temple , Peter Temple , Thomas Waite , and William Heveningham . Potter . I hope I may be freed from Irons , I am in pain , and a man of bulk . L. Ch. B. We can give no order in it , we must leave it to the Sheriff . Potter . I begg it of you , my Lord. L. Ch. B. We must leave it to the Sheriff . Mr. Heveningham , You must withdraw from the Bar. Clerk. Officer , bring down VValler , Fleetwood , Hacker , Axtel , Hulet , Penington , Marten , Millington , Titchborne , Roe , Lilburne , Smith and Harvey , and set them to the Bar , which was done accordingly . Clerk. Hardress VValler , hold up thy hand , thou hast been Indicted and found guilty of High Treason , what canst thou say , why judgment should not pass on thee to dy according to Law ? VValler . My Lords , I am now it seems Convicted by Law , and so adjudged : Your Lordships the other day on my desire told me I might have liberty to speak upon my trial . I must now beg the like upon a condemned person . L. Ch. B. You are Convicted , not Condemned . Waller . My Lords I was the first that pleaded Guilty , I bless God that he gave me a heart to do it , I find most peace in the doing of it ; and since there is nothing left but hopes of Mercy , I humbly submit it to your Lordships to hear me in this sad condition , that that may make me seem more capable of mercy . I have , my Lords , been so unhappy to have been transplanted out of my Country these thirty years , I have been but once these eleven years in England , this must needs make me a stranger . L. Ch. B. I must not hinder you , because it is for mercy that you plead , but consider with your self whether it will not be better to give it in a Petition : I leave it to you , we can do nothing in point of Mercy , but Judgment . Waller . Onely this ( My Lord ) whether I am not the more capable of your mercy ? L. Ch. B. That you may understand it , the Act of Indempnity of Parliament hath excepted you ; yet upon some qualifications , we are to proceed according to Law , that is , to go to Conviction and Judgment . The Act sayes , that after Judgment there shall be no execution , but that it shall be suspended till a further Act of Parliament to be passed for that purpose ; so that in the mean time we are to proceed no further then Judgment . That which concerns Mercy , is referred to another place . If you please to say any thing to satisfie us , or to go by way of Petition , it must be left to you , but what you say for mercy is nothing to us . Waller . I humbly thank your Lordships for this clear and noble dealing , and withall , I would beg that these people that are witnesses of my shame and guilt , may know that it was a force and temptation upon me ; I shall not insist much , I have said , that I did plead guilty , which was most safe to my own Conscience , yet I should make it appear , that I did appear more to preserve the King from Tryal and Sentence , then any other . Lord Finch . Sir Hardress Waller , I have heard of late of your sorrow , which I was glad to hear of , because you are my kinsman , both by your Father and Mothers side , and also my Countrey-man ; I was glad to hear of your great penitence for that horrid crime , and I would have been glad to have seen it now ; advise with your self whether you do your self any good in speaking to extenuate , when you know there is no man against whom there are such circumstances of aggravation as against you ; consider whether a publick penitence would not be more proper . Waller . I beseech you report me both to his Majesty and Parliament , and receive me into your grace , as being penitent , truly penitent : To say so now were a small thing , for the fear of the punishment may procure it , but I have been more penitent when no eye hath seen me but God ; when I never imagined to be questioned for this sin , then my heart hath yerned in the business ; but I shal not trouble your Lordships , God holds forth Mercy , his Majesty holds forth Mercy , the Parliament holds forth Mercy . My Lords , let me say something to you ( though it be but a word ) of the violence , and force of temptation ; you may have been under it , or may come to it ; Christ himself was under it ; we find that faithful Abraham by the power of a Temptation delivered up his wife to commit Adultery , which scarce a Heathen would ; we finde that valiant Peter denied his Master , righteous Lot committed incest . None abhors this fact more then I do ; I have done it so long beforehand , I need not be afraid to speak it in the face of the Judge of all men , that is all I shall say . I rendred my self three times ; I had as much opportunity to make my escape as any person whatsoever . Lord Chief Baron . It is understood , Sir Hardress . Clerk. Isaac Pennington hold up thy hand , thou art in the same condition as the former , what canst thou say for thy self why judgment , &c. Pennington . My Lord I have said what I have to say , and shall not trouble your Lordships any further . Clerk. Henry Marten hold up thy hand , thou art in the same condition , what canst thou say for thy self why Judgment , &c. Marten . I claim the benefit of the Proclamation . Clerk. Gilbert Millington , hold up thy hand , thou art in the same condition , what canst thou say for thy self why Judgment , &c. Millington . I shall not trouble you with long discourses , I will say no more but this , I have made a publick resentment of my sorrow for this offence formerly , and many times . I shall now desire no more , but humbly beg that I may have the benefit of the Proclamation , and pray his Majesties most gracious Pardon . Clerk. Robert Tichborne , hold up thy hand , thou art in the same condition , what canst thou say for thy self why Judgment , &c , Tichborne . My Lord , I will not trouble you with any repititions , I have made my humble request before , I leave it with you . Clerk. Owen Roe , hold up thy hand , thou art in the same condition , what canst thou say for thy self why Judgment &c. Roe . My Lord , I have no more to say then I said before . Clerk. Robert Lilburn , hold up thy hand , thou art in the same condition , what canst thou say for thy self why Judgment , &c. Lilburn . I shall refer my self without further trouble to the Court , my Lord , I beg the benefit of the Proclamation . Clerk. Thomas Waite , hold up thy hand , Thou art in the same condition , what canst thou say for thy self why Judgment , &c. Waite . I can declare no more than what already , my heart is sorry for what I have done , I beg the benefit of the Proclamation . Clerk. Edmond Harvey , hold up thy hand , thou art in the same condition , what canst thou say for thy self why Judgment , &c. Harvey . My Lords , I have no more then what I have said before . Clerk. John Downes , Hold up thy hand , thou art in the same condition , what canst thou say for thy self why Judgment , &c. Downes . I shall not trouble you any further , I shall desire the benefit of his Majesties Proclamation . Clerk. Vincent Potter , hold up thy hand , thou art in the same condition , what canst thou say for thy self why Judgment , &c. Potter . My Lord , I do not know Law , I understand it not ; I am not in a condition to speak what I would have willingly spoke ; I desire that God would have mercy , and I look for mercy from God , and wept . Clerk. Augustine Garland , Hold up thy hand , thou art in the same condition , what canst thou say for thy self why Judgment , &c. Garland , I humbly desire your Lordships charitable opinion of me : notwithstanding what has been objected against me , I humbly refer my self to the Parliament . Clerk. George Fleetwood , hold up thy hand , thou art in the same condition , what canst thou say for thy self why Judgment , &c. Fleetwood . My Lord , I have already confessed the fact , I wish I could express my sorrow , and wept . Clerk. James Temple , hold up thy hand , thou art in the same condition , what canst thou say for thy self why Judgment &c. I. Temple . My Lord I can say no more , I beg the benefit of the Proclamation . Clerk. Simon Mayn , hold up thy hand , thou art in the same condition , what canst thou say for thy self why Judgment , &c. Mayne . I have told you before , my Lord , I have no more . Clerk. Peter Temple , hold up thy hand , thou art in the same condition , what canst thou say for thy self why Judgment , &c. Peter Temple . My Lord I came in upon the Proclamation , and I humbly beg the benefit of it . Cl. Tho. Waite hold up thy hand , thou art in 〈◊〉 same condition , what canst thou say for thy self ? Waite . My Lord , I refer it to your Lordships . Clerk. Francis Hacker , hold up thy hand , thou art in the same condition , what canst thou say for thy self why Judgment , &c. Hacker . My Lord. I have nothing to say , but what has been before your Lordships . Clerk. Daniel Axtel , hold up thy hand , thou art in the same condition , what canst thou say for thy self why Judgment &c. Axtell . May it please your Lordships , my case differs from the rest of the Gentlemen . L. Ch. B. I would be loth to hinder you , but I must tell you , that what hath been over-ruled must not be spoke to , if you have any thing against the Indictment , matter of Law , go on . Axtell , I have one thing more that I did not then mention . L. Ch. B. If it tend not as an exception to the Indictment , it is not to be heard . Axtell . My Lord , then I shall apply my self to that point , I humbly conceive my Lord , that my overt acts were not sufficiently set down in the Indictment , as might be sufficient in Law to attaint me of high Treason , I do not remember that the Overt act that was applyed to me in evidence was charged in the Indictment , I have onely that exception , because of the insufficiency of that point . In the next place , my Lord , there is not the right additions to my name , there are many persons of the same name , I am arraigned by the name of Daniel Axtel of Westminster in the County of Middlesex , Gentleman . I think none knew me to live there , and inhabit there . Lord Chief Baron . I would not interrupt you , this is past , you should have made your exception to that as Master Matten did before concerning his name , that should have been first done , you have appeared and pleaded to that name , and it was , late of Westminster . Axtell . My Lord , I have this to speak in arrest of Judgment , that the Indictment being grounded upon that statute of the twenty fifth of Edward the third , it is either mistaken or not pursued ; my Lords , I did yesterday give you the Judgment of the Lords and Commons concerning the statute in relation to my case , I say the Statute was mistaken , or not pursued . Lord chief Baron . That was offered before Sir , as to the matter of it . Axtell . My Lord , I think not , I am mistaken if it were . Lord Chief Baron . Then open it . Axtell . My Lord , I do not find in that statute , that words are an overt act , words only . L. Ch. B. This was over-ruled . The things that you objected were these , That there is not any overt act that is laid , that could be applicable to your case : if it were not particularly applicable ( you are found guilty by the Jury ) it would be nothing : But there is an overt act , you were present at the Court , beating the Souldiers , sending for an Executioner : but for words , if one man should say , here is the King , go and kill him , this is Treason ; but you were guilty in all according to Law. You being there and doing this , you were not guilty onely of the words , but of all that was done , there is none but Principals in Treason . What we say and do to you , we well know we must answer before God Almighty for it . Axtell . I have but one word more , truly I do appeal to God before whom I shall have another tryall , I do not find my self guilty either of consulting , contriving , or having a hand in the death of the King , I am innocent , and I pray God that my innocent blood — Lord Chief Baron . Pray Sir — Axtell . May not cry — Lord Chief Baron . You are now to speak in arrest of Judgment . Axtell . I have no more , I pray your Lordships favour and mercy to me . William Hulet , alias Howlet , hold up thy hand , thou art in the same condition , what canst thou say for thy self why Judgment &c. Hulet . Truly my Lord , I have little further to say , If you had been pleased to give me further time , I should have cleared my self , I call God above to witness upon this account , that I am as clear as any man , I submit to the mercy of the Court. L. Ch. B. For that I do ( but cannot positively say it ) that at your request ( notwithstanding the Judgment will pass against you ) there may be some time till his Majesties pleasure be known before any execution will be upon that Judgment against you , in the mean time we must proceed according to Law and Justice . Proclamation for silence whilst Judgment is giving . The Lord Chief Barons speech before the Sentence pronounced against the aforenamed Prisoners found guilty . YOu that are Prisoners at the Bar , you stand here in several Capacities , yet all of you persons convicted of the detestable and execrable murder of our Soveraign Lord King Charles the first , of blessed memory . Mistake me not , I do not say that you are all of you guilty of executing the fact , but in Law and in conscience ( pro tanto , though not pro toto ) you are guilty of it , in that you prepared the way and means to it , in that you brought his head to the block , though you did not cut it off . You are here in three sorts , and I must apply my words accordingly , and truely I do it with as much sorrow of heart as you have , many of you being persons of liberal education , great parts , I say you are of three sorts . There are some of you that though the Judgment of death is to pass against you , by his Majesties grace and favour , and the mercy under him , of the two houses of Parliament , Execution is to be suspended untill another Act of Parliament shall pass to that purpose , that is , all of you but three ; for those three , the one of them that was last called , William Heveningham , he is in another capacity too ; for I presume some time will be given to him to consider of something relating to him , before any order will be given for his execution ; there are two others of you , and that is Dan. Axtel and Francis Hacker , and for you , as it yet stands before us , there is no mercy , there is no room for it : but though you be in these several Classes , yet what I shall say will concern you all , because I do not know how it may fall with you , none of us know how soon we may come to our deaths , some ( probably ) sooner then others , all must come to it : you are now before the Tribunal of man , but that is for Judgment for your offence here , but there is another Judgment hereafter , and a Tribunal before which both you and we must stand , every man here , and we must receive according to our work ; those that have done ignorantly , by a serious and unfeigned repentance , God Almighty may shew mercy unto them . He hath reserved mercy even for the greatest offenders . Saint Paul himself when he presecuted Christ ignorantly , upon his repentance he found mercy ; those of you that are not yet convicted in your consciences of the foulness of this horrid fact , look into your Consciences a little more , and see if it be not a great Judgment for your former offence that you should be given over to a reprobate sense ; let me tell you , a seared Conscience , a bold confidence not upon good grounds , is so far from securing the Conscience , it may stifle perhaps the mouth of Conscience , but it will rise up more in Judgment against you . Here you have made your defence , and I do not blame you for it ; life is precious , but remember the thoughts of your hearts are open , whether you did it ignorantly , covetously , or to get the Government into your own hands , that I am not able to search into , God and you only know that ; give me leave to say something , perhaps I have repeated it by parts before . God is my witness what I speak , I speak from mine own Conscience , and that is this , Gentlemen , because I saw it stuck with some of you , that is , that whatsoever the case was , that by the Laws of these Nations , the fundamental Laws , there could not be any coercive power over your King. I speak it again , because I would as near as I could , speak the whole truth , and would not mislead any man in such a case ; remember that no power , no person , no Community or body of men , ( not the people , either collectively or representatively , have any coercive power over the person of the King by the fundamental Laws : for that , Gentlemen , I shall begin to shew you that which all of you might remember , that is , your oaths of Allegiance and Supremacy , and to add to this that obligation which all this whole Nation did oblige themselves to , by the Parliament , without question then rightly represented and in being , the first of K. James ; whereby to shew you , that not only persons , but the Body politick of the Nations , not only the single Members , but the Members in both houses of Parliament , were loyal and obedient subjects to the King , their head , even to yeeld a natural and humble Obedience , and Allegiance . I told you the Act of the 1. of K. James , when K. James came first into Engl. We the Lords and Com. representing the whole People of the Nation , ( the very words of the Act are so primo Jacobi , Chapter the first , ) Representing the whole Body of the Nation , do acknowledge an humble natural Leige Obedience to the King , as Supreme , his Heirs and Successors . And in the name of themselves and all the people , humbly submit themselves , untill the last drop of their bloud be spent in defence of the King and his Royall posterity ; and therefore they did oblige themselves , and all the People of England , as far as they could represent them , ( the words are more full then I can express them ) and indeed it is so dark I cannot read them . They did acknowledg , to be bound to him and his Imperial Crown . Remember these were not words of Complement , you shall find that they all of them , and so did so many of you as were Members of Parliament , yea all of you , before you came into the House of Commons , did take the Oath of Allegiance , which was made after this Recognition , the third and fourth of King James , or otherwise , were not to be Members . What was that Oath of Allegiance that you took ? it was , That you should defend the King his Person , ( that is in 3 Jacobi , Chapter the fourth , his Crown and Dignity ) What was it ? Not only against the Pope's Power to depose , but the words are , or otherwise : look into the Act , and reflect upon your Conscience , and you shall find that all did swear to defend the King , his Crown and Dignity , and there it is called Imperial Crown . I would have you lay this to heart , and see how far you have kept this Oath . Gentlemen , In the Oath of Supremacy which you all took therein , you did further acknowledg that the King was the only Supream Governour of this Realm : Mark the words , I will repeat them that you may lay it to heart , you that have more time to apply it to your Fact ; and you that have less time , for ought I know , you have reason to consider what I have to say ; you sware then , That the King by the Oath of Supremacy , which all of you have taken , or ought to have taken ; if any of you have not taken it , yet notwithstanding you are not absolved from the obligation of it ; but most of you did take it , there you sware that the King is the only Supream Governor of this Realm ; and you sware there , that you would defend all Jurisdictions , Priviledges , Preeminencies and Authorities granted or belonging to the King's Highness , His Heirs and Successors , or united and annexed unto the Imperial Crown of this Realm . For the first ; If the King be Supream , then there is no co-ordination . Non habet majorem , non habet parem , that ( word Imperial Crown ) is at least in nine or ten several Statutes ; it is the very word in this Act that was made lately in pursuance of former Acts concerning Judicial Proceedings . And so in the time of King Charles , they acknowledged him to be their Leige Sovereign ; I say that word Supream , and so the word Imperial Crown , is in the first of Queen Elizabeth ; the third , and the eighth of Elizabeth ; the twenty fourth of Henry the Eighth , Chap. 12. there it is said this Kingdom is an Imperial Crown , subject to none but God Almighty . Before these times , you shall find in the sixteenth of Richard the Second , the Statute of Praemunire , the Crown of England subject to God alone . I will go higher , William Rufus ( some of you are Historians , and you shall find the same in Eadmerus , and also in Matthew Paris , shortly after William Rufus his Time ) when he wrote to the Pope , he challenged , and had the same liberty in this Kingdom of England , as the Emperor had in his Empire , ( mistake me not , I speak only as to the Person of the King ) I do not meddle of Rights between the King and Subjects , or Subject and Subject ; you see in this Case concerning the Death of his Majesty's dear Father , and our Blessed Sovereign of happy memory , he doth not judg himself but according to Law , that which I assert is as to the Person of the King , which was the priviledg of Emperors as to their Personal Priviledges , if he had offended and committed an Offence , he was only accountable to God himself . I will come back to what I have said ; You swore to be faithful to the King as Supreme . The King of Poland hath a Crown , but at his Oath of Coronation , it is conditioned with the People , That if he shall not govern according to such and such Rules , they shall be freed from their Homage and Allegiance . But it differs with our King , for he was a King before Oath . The King takes his Oath , but not upon any condition ; this I shew you , to let you see that we have no coercive Power against the King. The King of England was anointed with Oil at his Coronation , which was to shew that Absolute Power , ( I do not say of Government ) but of being accountable to God for what he did : The Law saith , The King doth no injury to any Man ; not but that the King may have the imbecilities and infirmities of other Men , but the King in his single Person can do no wrong : but if the King command a Man to beat me , or to disseize me of my Land , I have my remedy against the Man , though not against the King. The Law in all Cases preserves the Person of the King to be untouched , but what is done by his Ministers unlawfully , there is a remedy against his Ministers for it ; but in this Case , when you come to the Person of the King , what do our Law Books say he is ? they call it , Caput Reipublicae , salus Populi , the Leiutenant of God ; and let me tell you , there was never such a blow given to the Church of England and the Protestant Religion . There was a Case , and that of the Spencers , you shall find in the 7th Report of the Lord Cook , in Calvin's Case , that Homage is due to the King in his Politick Capacity ; and then they made this damnable Inference , That therefore if the King did not demean himself as he ought , that he should be reformed pure aspertee , by asperity , sharpness or Imprisonment : but these were condemned by two Acts of Parliament in Print , that they could not do that even in that Case , one was called the Banishment of Hugh Spencer ; and the other is in 1. Edward 3. upon the Roll. My Masters , In the first of Henry the Seventh , you shall find it in the printed seven Books , he saith , That as to the Regality of his Crown , he is immediately subject unto God. Mark the Doctrine of the Church of England , Gentlemen , I do not know with what Spirit of Equivocation any Man can take that Oath of Supremacy : You shall find in the Articles of the Church of England , the last but one or two ; it is that Article which sets forth the Doctrine of the Church of England ; they say , That the Queen , and so the King , hath the Supreme Power in this Realm , and hath the chief Government over all the Estates of the Realm , the very words are so ; this was shortly after making the Act ; the Articles were in 1552 , and she came in 1558 , or 1559 ; it is to shew you the King hath the chief Government over all the Estates within the Nation ; and if you look upon it , you shall find it was not only the Judgment of the Church , but of the Parliament at the same time . They did confirm this Article so far , that they appointed that no Man should take or be capable of a Living , but those that had taken that Oath . God forgive those Ministers that went against it . The Queen and the Church were willing that these should be put into Latin , that all the World might see the Confession of the Church of England , and of the People of England , you may reade it in Cambden : I have told you how and wherein the chief Power consisted , not in respect the King could do what he would ; no , the Emperors themselves did not challenge that , but this they challenge by it , That they were not accountable to Man for what they did : No Man ought to touch the Person of the King , I press it to you in point of Conscience ; you see in the Scripture , in Psalm . 51. the Psalm of Mercy , whereby we ask pardon of God for our great Offences ; I think none of you in this condition , but will join in this ; you know the Adultery and Murder that David committed , this penitential Psalm was made for that ; What doth he say ? Against thee , thee only have I sinned , &c. tibi soli peccavi , Domine ; not because he had not sinned against Man , for 't is plain , he had sinned both against Bathsheba and Vriah too : But because he was not liable to the Tribunal of Man , he was not bound nor accountable to any Man upon Earth . And now , my Masters , I beseech you consider , that some of you for ought I know suddenly , and some of you for ought I know not long after , all of us we do not know how soon , must come to make a right account to God of what we have done . After this Life you enter into an Eternity , an Eternity of Happiness or of Woe ; God Almighty is merciful to those that are truly penitent ; the Thief upon the Cross , and to all that are of a penitent heart . You are Persons of education , do not you go on in an obstinate perverse course , for shame of Men , even this shame which you now have , and which you may have when you come to die , a sanctified use may be made of it , you pay to God some part of that punishment which you owe to him for your sins . I have no more to say , but the next thing I have to do is , to give the Sentence , the Judgment ; which truly I do with as unwilling a heart as you do receive it . You Prisoners at the Bar , the Judgment of the Court is this , and the Court doth award that , &c. And the Lord have mercy on your Souls . Court adjourned till Friday morning seven a Clock . Friday , Octob. 19. 1660. Set William Heveningham to the Bar. Serjeant Keeling . May it please your Lordships , the Prisoner at the Bar , William Heveningham , hath been indicted of High-Treason , for compassing and imagining the Death of the late King of blessed memory ; he has been tried , the Jury has found him guilty : I do humbly move your Lordships in the behalf of the King , that you will proceed to Judgment . Clerk. William Heveningham , hold up thy hand , what canst thou say for thy self , why Judgment , &c. Heveningham . My Lords , I have nothing more to say than I said formerly , only I plead the benefit of the Proclamation , and cast my self upon the Mercy of our most gracious Sovereign , and desire your Lordships to be Mediators on my behalf . Lord Ch. Baron . By the Act of Indempnity ( of which you claim the Benefit , and we ought to take notice of it ) we are to proceed to Judgment , but no Execution of this Judgment is to be until by another Act of Parliament by consent of the King it shall be ordered . And therefore I need not speak any more of that , or any Exhortation to prepare your self for Death ; our work is only to give Judgment . The Judgment of the Court is this , and the Court doth award , that you the Prisoner at the Bar be led back to , &c. And the Lord have mercy upon your Soul. THus having given the Reader a most impartial view of every Passage occurring in this so solemn and legal Indictment , Arraignment , Trial , and Condemnation of these twenty nine black Regicides , with their several Pleas and Defences in their own words . It may be also some additinal satisfaction , to let the Reader know the time and manner of the Death of such of them who were according to the Sentence Executed . For their last Discourses and Prayers , as they were made in a Croud , and therefore not possible to be taken exactly ; so it was thought fit rather to say nothing , than give an untrue account thereof ; chusing rather to appear lame , than to be supported with imperfect assistances . ON Saturday the 13th of October 1660 , betwixt nine and ten of the clock in the Morning , Mr. Tho. Harrison , or , Major General Harrison , according to this Sentence , was upon a Hurdle drawn from Newgate to the place called Charing-Cross ; where within certain Rails lately there made , a Gibbet was erected , and he hanged with his face looking towards the Banqueting-house at Whitehall , ( the place where our late Sovereign of eternal memory was sacrificed ) being half dead , he was cut down by the common Executioner , his Privy Members cut off before his Eyes , his Bowels burned , his Head severed from his Body , and his Body divided into Quarters , which were returned back to Newgate upon the same Hurdle that carried it . His Head is since set on a Pole on the top of the South-East end of Westminster-Hall , looking towards London . The Quarters of his Body are in like manner exposed upon some of the City Gates . Monday following , being the sixteenth of October , abou● the same hour , Mr. John Carew was carried in like manner to the same place of Execution ; where having suffered like pains , his Quarters were also returned to Newgate on the same Hurdle which carried him . His Majesty was pleased to give , upon intercession made by his Friends , his Body to be buried . Tuesday following , being the sixteenth of October , Master John Cook , and Mr. Hugh Peters , were about the same hour 〈◊〉 on two Hurdles to the same place , and executed in the same manner , and their Quarters returned in like manner to the place whence they came . The Head of John Cook is since set on a Pole on the North-East end of Westminster-Hall ( on the left of Mr. Harrison's ) looking towards London ; and the Head of Mr. Peters on London-Bridg . Their Quarters are exposed in like manner upon the tops of some of the City Gates . Wednesday , October 17 , about the hour of nine in the 〈◊〉 Mr. Thomas Scot , and Mr. Gregory Clemen● , were ●ought ●n several Hurdles ; and about one hour after Master Adri●n Scroop and Mr. John Jones together in one Hurdle were carried to the same place , and suffered the same death , and were returned and disposed of in like manner . Mr. Francis Hacker , and Mr. Daniel Axtel , were on Friday the 19th of October , about the same time of the morning , drawn on one Hurdle from Newgate to Tiburn , and there both Hanged ; Mr. Axtel was Quartered , and returned back , and disposed as the former ; but the Body of Mr. Hacker was , by his Majesties great favour , given entire to his Friends , and buried . FINIS . Notes, typically marginal, from the original text Notes for div A52526-e310 3. Jan. 1647.