AN EXACT RELATION OF THE TRIAL & EXAMINATION OF JOHN MORRIS, Governor of Pontefract-Castle, At the Assizes held at York: Together with His Speeches, Prayers, and other passages immediately before his death, the 23. of Aug. 1649.  
Whereunto is added, The Speech of Cornet BLACKBURNE, Executed at the same time.  
Printed in the Year, 1649.   

An Account of the Passages concerning the Trial of Col: JOHN MORRIS, and Cornet BLACKBURNE, at the Assizes at the Castle of York, before john Puleston and Baron Thorpe, Justices of Assizes, the 16. of August, Anno Dom. 1649.  
COlonel Morris being demanded to hold up his hand, refused, and the Indictment was read against him for Treason for levying War against the late King and the Parliament upon Stat. Ed. 5. The Court desired him to plead Guilty or Not Guilty.  Col. Morris Ans. 
My Lords, under correction I conceive this Court hath not power to try me in this case, I being a Martial man, I ought to be tried by a Council of War.  Court. 
Sir, What do you say, Are you guilty or not guilty? This is the second time you have been asked: Sir, if you will not answer the third time, we shall know what to do, Are you guilty or Not guilty?  Col. Morris. 
My Lords, I still conceive I ought not to be tried here, if I have done any thing worthy of death, I appeal to a Martial Court, to my Lo: Fairfax, Major General, or a general Council of War: You have not any precedent for it, either for you to try me in this way, or me to suffer by it.  Court. 
Are you guilty or not guilty? This is the third time.  Col. Morris. 
My Lords, if your Honours will force me to plead, I conceive I am not guilty.  Court. 
How will you be tried?  Col. Morris. 
My Lords, I was never at any Bar before, I am ignorant herein.  Court. 
Tell him what to say. [Upon that, some near him, tell him, By God and the Country.]  Col. Mor. 
By God and the Country. After that challenge is made for Col: Morris to except against any of the Jury. [Master Brooke, a great man for the Cause, comes first returned, to be sworn as Foreman of the Jury]  Col: Mor. 
My Lords, I except against this Brook.  Court. 
Sir, he is sworn, and you speak too late.  Col: Mor. 
My Lord, I appeal to himself, whether he be sworn or no.  Mr. Brook. 
Sir, I am not to answer you, but the Court. My Lord, I did not kiss the Book.  Court. 
Sir, that is no matter, it's but a Ceremony.  Col: Mor. 
My Lords, I beseech your Honours that I may except against him, I know him, as well as I know my right hand, to be my Enemy.  
Clark of assize. Sir, he is recorded sworn, there is do disputing against the Record.  Col: Mor. 
My Lords, I must Submit to your Honours: after that Col: Morris challenges 16 Men, and my Lord Puleston thinking Col: Morris tedious in excepting against so many, Answers, Sir, keep within your compass, or I will give you such a blow as will strike off your head.  Col: Mor. 
My Lords, I desire nothing but Justice, for by the Statute of 14 Hen. 7. fol. 19 I may lawfully challenge 35 men without showing any cause to the contrary.  Court. 
It is granted, After a full Jury, the Indictment read, and Evidence for the State very full, that Col: Morris was Governor of Pontefract, which Morris being very Modest and Civil, did not contradict any thing, until his time of answer.  Col: Mor. 
My Lords, I humbly desire a Copy of my Indictment, that I may know what to answer, I conceive I may plead special as well as General.  Court. 
Sirs, you cannot by the Law.  Col: Mor. 
My Lords, I conceive there is point of Law in it, and I humbly desire to have Council, for I conceive by the Law, being attainted for High Treason, I ought to have Council by the Statute 1 Hell. 7. fol. 23.  Court. 
Sir, I tell you you cannot have it.  Col: Mor. 
Then my Lords I conceive I am not any way guilty to the Indictment, for Treason, My Lords, It is said to be against the King, his Crown, and against his Peace, whereby my Lords, I can make it appear I have acted only for the King, and nothing against him, which may appear hereby by my Commission. The Court looks upon it and Answers.  Court. 
Sirs, you are deceived, this is false, it is from the Prince.  Col: Mor. 
My Lords, It is very well known, my Lord Fairfax, hath his Commission, derived from the Parliament, and upon that he grants Commission to his Officers, which is all one and the same. The Prince hath his from his Father, and I have mine from the Prince which is full. Power, he being Captain General of his Majesty's Forces.  Court. 
Sir, have you nothing else to say?  Col: Mor. 
My Lords, under Correction I conceive it is sufficient, for by the same power, all Judges, Justices of Peace, your Lordships your Predecessors, and all other Officers, did act by the same power, and all process and writs of Law, were acted, and Executed, in his name, and by his Authority.  Court. 
His power was not in him, but the Kingdom, for he was in trust for the Kingdom, the King's Highway, and the King's Coin being so called, is not his own, but his Subjects, and his Natural power, and Legal power, are different.  Col: Mor. 
My Lords, under Correction, I conceive his Legal and Personal power, are undevisable, all one, and cannot be separated.  Court. 
Sirs, all is one if the King bid me, kill a man, Is this a sufficient Warrant for me to plead? no Sir, it is unlawful; Sir, have you no more?  Col: Mor. 
Sirs I beseech your Honours give me leave, I am upon my Life.  Court. 
Speak what you will Sir, you shall be heard.  Col: Mor. 
Your servant my Lord, than my Lords I conceive I have acted nothing against the Parliament, for that which I acted, It was for the King, and since the abolishing of Regal power, I have not meddled with any thing, against the Parliament, for that act was but enacted the 14 of july last, and before that time and act of Abolishing Kingly-government, that Princely Palace which I kept by his Commission was demolished, my Lords, I beseech your Honours, that my Commission may be read, to give satisfaction to the Court.  My Lord Puleston. 
Sir, it will do you no good, you may as well show a Commission from the Pope, all is one.  Col: Mor. 
My Lords, I desire your Lordships do me that Justice.  My Lord Thorpe. 
For my part I am willing, if my Brother be not against it.  My Lord Puleston. 
Sir, we held it for Law to be void, it is to no purpose.  Col: Mor. 
Then if your Lordships be not pleased to do me that justice that it may be read, I desire it may be restored me again. [Upon that, Col: Morris received his Commission unread.] My Lords, it seemeth strange, that your Honours should do that which was never done the like before, never any of your Predecessors ever did the like, I wish it may not be to your own and your friends wrong, that you make yourselves precedents of your acting, and myself of suffering. But my Lords, I do not speak for saving my own life, for (I thank my God) I am prepared, and very willing to part with this lump of clay. I have had a large time of repentance, it being 22. weeks since my imprisonment; and I am sorry for those which are like to undergo the same sufferings, if your Lordships take away my life. And though I do not speak any way in glory, indeed at this present there is a cloud hanging over our heads, I desire there may be a fair Sunshine to dispel it. And though there were a world of plots in the Kingdom when I took the Castle, there is not wanting the same now, only the time is not yet come; and as I was to be the firebrand to Scarborough, so he (meaning Bointon) to Tinmouth, and that to others; and though you take away my life, there will be others which will take up the Lintstock to give fire, though I be gone.  Court. 
Sir, you have little hopes to talk of any fire to be given here, having received such a total rout in Ireland.  Col: Mor. 
My Lords, I should have been unwilling to have contradicted your late news concerning Ireland; but since you have given me a hint of it▪ you must give me leave to let your Honours know, that I received Letters from the marquis of Ormond dated the 3. of August, and yours is but the 2. wherein he pleases to let me understand of the great care he hath of me, and that whatsoever shall befall me here, the like shall be to those which he hath: Prisoners there, which (as he saith) are good store. Therefore if your Lordships did not at all value my Person, yet methinks you should have some care of it for your own friends goods.  Court. 
Sir. have you no more to say?  Col: Mor: 
My Lords, still I appeal to my Commission, which I conceive is sufficient to defend me withal in what I have done, notwithstanding your power to the contrary.  Court. 
It is nothing at all, we have power to try you here.  Col: Mor. 
Then my Lords (under correction) Laymen may as well be tried at a Martial Court: which if granted, those excellent Acts of Magna Charta and the Petition of Right would be destroyed.  Court. 
But you are not looked upon here as a Soldier, we shall do what in justice belongs us.  Col: Mor: 
My Lords, still (under correction) I have taken the Oath of Allegiance, and I conceive in that I was bound to do as much as I did or have done, though I had not had any Commission at all. And I beseech your Lordships that you will do me justice, and not incline to the right hand of affection, or the left of hatred, but to have an ear for the accused as well as for the accuser: Neither have I acted any thing contrary to my Allegiance, which Allegiance I was as willing to pay to the Son, as well as to the Father. Now for my Allegiance I own to any person or authority, but to these I know none.  My Lo: Thorpe. 
Sir, if you have any thing else to say, speak for yourself, for this is not much to the purpose.  Col: Mor: 
My Lo: 'tis true, since you have rejected that authority which I acted by, I might as well have held my tongue at the first, and spoke nothing, were it not for the satisfaction of the hearers; but if it must be so that you will make me a precedent, you must do with me as you did with my dear and honoured Lord, [meaning my Lo: of Strafford] making an Act for the future, that this my suffering shall not be a precedent to any Soldiers hereafter. Besides my Lo: this same Statute which you allege against me is, if that any shall act against the King, 'tis Treason, which I have not done; but contrary, for him, and by his authority. And there is an Act of 11 Hen. 7. cap. 1. That whosoever they are that shall aid or assist the King at home or abroad, shall not be questioned at all.  My Lo: Thorpe. 
'tis true Sir, but Hen. 7. than stood in a fickle condition, and being an Usurper, made that Act for his own safety; sometimes Duke of York, ruling sometimes Duke of Lancaster, and others contending, therefore it was enacted.  Col: Mor: My Lo: 
But this same Act of Hen. 7. was later than that of Ed: 3. which you have laid against me, and as yet was never repealed, until this last Act of 14 of July, before which time I had delivered up the place.  My Lo: Thorpe. 
Well Sir, it seems you have not any more. What have you to say, Blackburne? After he had answered, the Court commands Irons to be laid on them.  Col: Morris. My Lo: 
I humbly desire that we may not be mannacled; if you make any doubt of us, that we may have a greater guard upon us.  My Lo: Puleston. 
Sir, you that have made such attempts through such guards as were of purpose set to receive you, aught to be looked to now. Yet if Master Sheriff please, I am content.  Col: Mor. 
Master Sheriff, I desire that this mannacling may be forborn: if you please to clap a guard of 100 men upon us, I shall pay for it. This is not only a disgrace to me, but in general to all Soldiers, which doth more trouble me then the loss of my life. Master Sheriff what do you say?  Master Shreiffe. 
Sir, Irons are the safest guards.  Col: Mor. 
My Lords, hitherto (I thank God) I have not done any unsouldiary or base act, and to begin now I will not do it to save my life, and though you look upon me Sampson-wise, I vow to God, I would not touch the pillars though it lay in my power, to injure you, therefore I still beg pardon that I may not be mannaccled.  Under Shreiffe. 
Come Sir, it cannot be helped, we are commanded.  Col: Mor. 
My Lords, I beseech you grant me this favour, it is not my life I beg, but to forbear this manaccling, which shame, and dishonour, doth more trouble me, than the loss of my Life.  Under Shreiffe. 
It must be done, and upon that did it, and carried him away, After dinner they were brought again, and the Jury brought in their verdict, who found them both guilty of Treason.  Col: Mor. 
My Lord, I am here found guilty of Treason by that villain Brooke, whom I know to be mine enemy, and the first man that I did except against: in which I conceive I have received hard measure, for none could have found me guilty of Treason, had they gone according to the Letter of the Law, which they did not.  My Lo: 
Puleston. Sir, you speak too late, you are not to dispute it now.  Col: Mor. 
Neither would I, my Lord, if this were a Court of Chancery, but being a Court of Law, bound up in express words and Letter, I conceive I ought to dispute it, and my business better weighed.  My Lo: Puleston. 
Well Sir, you are found guilty, therefore hold your peace.  Col: Mor. 
If I must suffer, I receive it with all alacrity and cheerfulness, and I thank God I shall die for a good cause, and the testimony of a good Conscience, for which had I as many lives as there are Stars in the Firmament, I would sacrifice them all for the same.  Court. 
Sheriff, Jailer take them away, or I'll take you away.  Col: Mor. 
Well I beseech God bless King CHARLES, and fight for all those that fight for him, or have fought for him.   

The Confession of Colonel John Morris and some passages betwixt the prison and place of Execution.  
When he was brought out of prison looking upon the Sledge that was there set for him, lifting up his eyes to Heaven knocking upon his breast, he said, I am as willing to go to my death, as to put off my doublet to go to bed, I despise the shame as well as the Cross, I know I am going to a joyful place; with many like expressions.  
When the Post met him about St. Jame's Church, that was sent to the Parliament to Emediate for a repreive; and told him he could not prevail in it, he said; Sr I pray God reward you for your pains, I hope and am well assured to find a better pardon than any they can give, my hope is not in man but in the living God.  
At the place of execution he made this profession of his faith, his breeding, his cause he had fought in.  
Gentlemen, first I was bred up in the true Protestant Religion: having my education and breeding, from that honoured house my Dear Lord and Master Strafford, which place I dare boldly say, was as well governed and ruled as ever any yet was before it, I much doubt, better than any will be after it; unless it please God to put a period to these distracted times: this Faith and Religion I say I have been bred in, and I thank God I have hitherto lived in, without the least wavering, and now I am resolved by God's assistance to die in.  
Those pains are nothing; if compared to those dolours and pains which Jesus Christ our Saviour have suffered for us: when in a bloody sweat he endured the wrath of God the pains of hell and the cursed and shameful death which was due to our sins; Therefore I praise the Lord that I am not plagued with fare more grievous punishment, that the like hath befallen others, who undoubtedly are most glorious and blessed Saints with Christ in heaven, It is the Lords affliction, and who will not take any affliction in good part when it comes from the hand of God, and what shall we receive good from the hands of God and not receive evil, and though I desire as I am carnal that this cup may departed from me, yet not my will but thy will be done: Death brings unto the godly an end of sinning, and of all miseries due unto sin, so that after death there shall be no more sorrow nor cry or pain, for God shall wipe away all tears from our eyes, by death our souls shall be delivered from thraldom, and this Corruptible body shall put on incorruption, and this mortal immortality.  
Therefore blessed are they that are delivered out of so vild a world, and freed from such a body of bondage and corruption, the soul shall enjoy immediate Communion with God in everlasting bliss and glory, it takes us from the miseries of this world, and society of sinners, to the city of the living God, the Celestial Jerusalem.  
I bless God I am thought worthy to suffer for his Name, and for so good a cause, and if I had a thousand lives I would willingly lay them down for the cause of my King the Lords Anointed; the Scripture commands us to fear God and honour the King, to be subject to every Ordinance of man, for the Lords sake, whether to the King as supreme or to those that are in Authority under him: I have been always faithful to my Trust; and though I have been most basely accused, for betraying Leverpool, yet I take God to witness it is a most false aspersion, for I was then sick in my bed and knew not of the delivering of it, till the Officers and Soldiers had done it without my consent, and then I was carried prisoner to Sir John Meldrum, afterwards I came down into the country, and seeing I could not live quietly at home, I was persuaded by Colonel Forbes, Colonel Overton, Lieutenant Colonel Fairfax whom I took for my good friends, to march in their Troops, which I did, but with intention still to do my King the best service when occasion was and so I did; and I pray God to turn the hearts of all the soldiers unto their lawful Sovereign that this land may enjoy Peace, which till then it will never do: and though thou killest me yet will I put my trust in thee, wherefore I trust in God he will not fail me nor forsake me, Than he took his Bible and read divers Psalms fit for his own occasion and consolation, and then put up divers prayers, some publicly and some privately, the public was this which follows;  

A Prayer.  
WElcome blessed hour, the period of my Pilgrimage, the term of my Bondage, the end of my cares, the close of my sighs, the bound of my travels, the goal of my race, and the heaven of my hopes; I have fought a long fight in much weakness, I have finished my course though in great faintness, and the Crown of my joy is, that through the strength of thy grace, I have both kept the true faith, and have fought for my Kings, the Lords Annointeds' cause without any wavering, for which, and in which I die; I do willingly resign my flesh, I despise the World, and I defy the Devil, who hath no part nor share in me; and now what is my hope, my hope Lord Jesus is even in thee, for I know that thou my Redeemer liv●st, and that thou wilt immediately receive my Soul, and raise up my body also at the last Day, and I shall see thee in my flesh with these eyes and none other: And now O Lord, let thy Spirit of comfort help mine infirmities, and make supplication for me with sighs and groans that cannot be expressed; I submit myself wholly to thy will, I commit my Soul to thee as my faithful Redeemer, who hast bought it with thy most precious Blood, I confess to all the world, I know no name under heaven by which I may be saved, but thine my Jesus, my Saviour, I renounce all confidence in any merits save thine, I thankfully acknowledge all thy blessings, I unfeignedly bewail all my sins, I steadfastly believe all thy promises, I hearty forgive all my Enemies, I willingly leave all my Friends, I utterly loathe all earthly comforts, and I entirely long for thy coming, Come Lord Jesus, come quickly, Lord Jesus receive my Spirit.  
The Private were to himself his hat being before his eyes; after this he put up divers short Ejaculations: As, I know my Redeemer liveth, Father unto thy hands I commend my spirit, for thou hast redeemed it, O God, thou God of truth, Lord Jesus receive my Spirit, and many of the like, and so he yielded to Death.    

The Speech of Cornet Michael Blackburn immediately before his Death, August 23. 1049.  
It is expected I should say something, and indeed it is my desire to say something and but a little,  
I Am not a Gentleman by birth, but my Parents are of an honest quality and condition, I was brought up in the Protestant Religion, and in that Religion I have lived, and in that I now die; I have some five or six years since engaged in this War, wherein I had no other end or Intention but to do my King true and faithful service, according to my duty and the dictate of my Conscience, I have not done so much service as I desired, but I have been always faithful to him, and wish I could have done him more; and for his son the King that now is, I wonder any man of this Kingdom should have the boldness or impudency to lift up his hand against him, to keep him from his Crown whereof he is Heir apparent, and hath as good right and title to it by his Birthright, as any man living hath of his Inheritance or Possession: I pray God bless him, forgive all my Enemies, and Lord Jesus receive my Spirit.   
FINIS.