THE trial AND CONDEMNATION OF Col. Adrian Scrope. Mr. John Carew. Mr. Thomas Scott. Mr. Gregory Clement. Col. John Jones. Who sat as Judges upon our late sovereign Lord King CHARLES. Together with Their several Answers and Pleas, at the Sessions-house in the Old-bailey, Friday the 12th of October 1660. before the Commissioners of Oyer and Terminer appointed by His MAJESTY for that purpose. JAMES 2. V. 13. For he shall have Judgement without Mercy that showed no Mercy. LONDON, Printed for John Stafford and Edward Thomas. 1660. THis day being Friday the 12th. of October 1660. The King's Lords Justices for trial of several persons who had a hand in the Death of our Late sovereign, sat in the session's house in the Old Baily, and called to the Bar the persons following Viz. Col. Adrian Scroop. John Carew, Thomas Scot. Gregory Clement. John Jones. Col. Adrian Scroop was first called to his trial, who having accepted against several of the Jury, at last had such a one as he agreed to. Proclamation being made, and silence commanded, the Indictment was Read, and One of the King's council stood up and spoke to this Effect. Gentlemen of the Jury, You have heard by the Indictment of several that did assemble themselves together to compass and take away the Life of the King our late sovereign, among which persons the prisoner at the Bar was one, who under his Hand and Seal did consent to the said murder, First by setting Hand to the Commission which gave being to that Bloody Court, and afterwards by Signing that bloody Warrant which occasioned the severing his Head from his Body, which we can prove by several Witnesses. The Court call for the warrant for the King's Execution, and went to show it to one of the witnesses. which when Col. Scroop saw, he said, My Lord let me see it, if it be my hand I will not deny it. The warrant it is carried to him. Scroop. My Lord I do not deny but it is my Hand. Mr. Masterton one of the witnesses is sworn. King's Council. Whether did you see this Gentlemen sitting among the Judges of the King? Masterton. My Lord, I was at the High Court of Justice so called, several Times, and I saw the prisoner at the Bar sitting among them, and particularly on the 27th. of December, being the day on which Sentence was given. Scroop. My Lord, pray ask this Gentleman whether he and I were ever in company together that he should know me so well, for I never saw him in my Life before to my knowledge. To which it was answered, That he in person answered to that Name, and was the Man. Several other Witnesses were sworn to the same purpose. Colonel Scroop desired that one might be asked if he could tell whereabout he sat; To which the witness answered, My Lord, I cannot say that positively, I cannot remember such Circumstance so long; but to the best of my remembrance, he was the uppermost Judge on the right hand. Sir Richard Browne was sworn to give Evidence concerning several treasonable words that he should speak about the King's murder. The Act for constituting the High Court of Justice was likewise read; and Col. Scroop owned that to be his hand which subscribed thereunto; saying, he did not desire that witnesses should be sworn to more than was needful. The King's Council than spoke to the Jury, and told them; That they had heard by six several Witnesses that the prisoner had sat among the King's Judges; and by three that he sat the day which was by them called, the day of Judgement. The prisoner said, that he had a great disadvantage in answering to such learned Men, who were to plead against him, and said, That he would not undertake to justify his person, but desired Time and Council to answer to matter of Law. The Judge. That is where you have matter of Law. The Prisoner answered, My Lord, I was not of the Parliament, I beseech you take notice of that; and that which was done, my Lord, was by a High Court of Justice, who had a commission from the Parliament. My Lord, It was that Authority which was then accounted the supreme Authority that the generality of the Nation submitted to; having received command from that authority it was in obedience to the same that I sat, I was promrted thereunto by that command: I have not time to bring these things to a Head, because I have been these six weeks close prisoner in the Tower, that I could not get council to prepare myself? therefore my Lord, let me have some time and council to provide myself to plead. My Lord I was no contriver of that business only executed the command. To which was answered, That that which he called the Parliament was no Parliament; that there was no colour of Authority to justify them; and that if the whole House of Commons had been sitting (as these pretending that Authority were not a sixth part) yet they could not act against Life of the least Cripple at the Gate without the King, much less against himself. Col. Scroop. I say my Lord I am but a single person, and if there be mistakes I am not the only single person that have been misled, I hope that an error in Judgement, will not be accounted an error in Will, and shall not be accounted Malice, truly my Lord I must say this, and I desire your Lordship to take notice of me, that I am without any malice at all. After several things of the like Nature hoping that Authority of the the Rump-parliament would clear him and be taken as a sufficient Plea for his aforesaid Treasonable conspiracy, The Judge asked him if he had anything further to offer in the case, which he being not able to do; The Charge was given to the Jury, who never went out of the Court to give in their Verdict; and being asked according to the form, whether the Prisoner at the Bar were Guilty of the High Treason whereof he stood indicted or not Guilty. The foreman said guilty. and so they said all. whereupon the prisoner was taken from the Bar and Shackled with chains. The next who was called to the Bar was Mr. John Carew, who after the Formalities of the Court was passed as aforesaid, and the ●ndictment read, he was charged by the King's Council as followeth. The Prisoner at the Bar stands Indicted for (not having the fear of God before his Eyes) Imagining, Contriving and compassing the Death of our Late sovereign of blessed Memory; for the proof of this there are several things in the Indictment which do discover their private imagination, which is that they did meet and consult, &c. there is a statute of the 25t: of Edward the third against Imagining, Designing, or compassing the Death of the KING, which ye are to inquire after. There was a thing called the High High Cuurt of Justice, in which bloody Court our sovereign was tried, and this Gentleman was one of those Miscreants that had the confidence, nay, the impudence to sit among them, and afterwards Sealed to that bloody Roll whereupon he was Executed. several Witnesses being Examined spoke to this effect, That they saw him several days in that Court sitting among those who were called the King's Judges, and particularly on the 27. day of January, 1648. on which day the Sentence passed; also knew that to be his hand which was to the Warrant for the King's Execution, And for Establishing A High Court of Justice. Whereupon the Prisoner was asked what he had to say for himself? who answered, that he came not there to deny any thing that he had done; that whereas what was done in the case was Ushered in with these words, [Not having the Fear of God before his Eyes] He did declare it was not done in such a Fear, But in the Fear of the Holy and Righteous Lord the Judge of the Earth. Where at the Court was much Troubled and Disturbed that he should make God the Author of their Treason and murder. But he went on to this purpose When this came about there was an Ordinance where in my name was set, which when I saw I struck it out; I leave it to the Lord to Judge, I thought not well of it, and so was very unwilling to appear in it, there being as I thought enough beside me to be employed in it, and therefore I speak the truth as it is in Jesus, to show how I had the Fear of the Lord before me, I say as to what I did was upon this account; I did it first in Obedience to the then supreme Authority of England, and after the Lord gave answer to solemn appeals. Running on after this rate the Court were wearied with his discourse and put him on to plead to his Indictment. He desired he might declare the grounds whereupon the Parliament proceeded, and give the Grounds and Reasons of the Fact. To which the King's Council said, than you must needs confess it. Whereupon he acknowledged, that he was there, and proceeded against the Act of Parliament; But was told (as the Court had often said before) That neither the Lords nor the Commons, jointly or severally, had any power without the King; and that the Power then in being had not the least colour of Authority for what they did; and that it was not a thing to be debated without denying our Allegiance, that the Subject can hold up his hand against his sovereign. After the Lord Annesley made a learned Speech, declaring the illegality of their proceedings, that when a Treaty was concluded with the King, and accordingly all things like to be settled, he & some others had contrived and designed to keep the far greater part of the Members out against their Allegiance, the laws of the Land, and against the privileges of Parliament, &c. making themselves an arbitrary Parliament and driving away the rest, &c. But Mr Carew being not able to say any thing in defence of his high charge: the Jury never went out for it, but presently brought him guilty. Mr. Scot was brought next, and after all the Formalities of the Court were over, he first pleaded the privilege of a Parliament Man, several Witnesses were produced against him, That he so gloried in the death of the King, as to say, That he desired it might be written upon his Tombstone to th' end all the world might know it; as also other things, which expressed his malicious forwardness in that horrid murder. The main part of his pleading was to justify the Authority of the Rump-Parliament, which being so often answered before, need not here be inserted; The Jury soon concluded with him likewise, and found him Guilty. Mr. Gregory Clement petitioned the Court to wave his plea of not Guilty; which the Court granting, he confessed the Indictment. Col. John Jones confessed that he was present at giving Sentence against the King, only denied the form of the Indictment; whereupon a Jury was without his excepting against any, quickly sworn, and according to his own Confession, found him Guilty. The Judge in a very Learned Speech endeavoured to make them sensible of the heinousness of the Sin, and persuading them to Repentance, prayed God to have mercy upon them, and read their Sentence upon all together. You shall go from hence to the place from whence you came, and from that place shall be drawn upon a Hurdle to the place of EXECUTION, and there shall HANG by the NECK till you are half Dead, and shall be cut down Alive, and your Privy-Members cut off before your Face and thrown into the Fire, your Belly ripped up and your Bowels Burnt, your Head to be Severed from your Body, your BODY shall be divided into Four QUARTERS, and Disposed as his Majesty shall think fit. All were Shackled with Fetters and carried to the press-yard. FINIS.