'Whereas the Commons of England in Parliament had appointed them an High Court of Justice, for the Trying of Charles Stuart, King of England, before whom he had been three times convened; and at the first time a Charge of High-Treason, and other Crimes and Misdemeanors, was read in the behalf of the Kingdom of England,' etc. [Here the Clerk read the Charge.] 'Which Charge being read unto him, as aforesaid, he the said Charles Stuart was required to give his Answer: But he refused so to do; and so expressed the several Passages of his Trial in refusing to answer. For all which Treasons and Crimes this Court doth adjudge, That the said Charles Stuart, as a Tyrant, Traitor, Murderer, and a Public Enemy, shall be put to Death, by the severing his Head from His Body.'After the Sentence read, the Lord President said, This Sentence now read and published, is the Act, Sentence, Judgment, and Resolution of the whole Court.Here the Court stood up, as assenting to what the President said.King—Will you hear me a word, Sir?Lord President—Sir, you are not to be heard after the Sentence.King—No, Sir?Lord President—No, Sir; by your favour, Sir. Guard, withdraw your Prisoner.King—I may speak after the Sentence—By your Favour, Sir, I may Speak after the Sentence ever.By your Favour (Hold!) the Sentence, Sir——I say, Sir, I do——I am not suffered for to speak: Expect what Justice other People will have.O yes: All manner of Persons that have any thing else to do, are to depart at this time, and to give their attendance in the Painted Chamber; to which place this Court doth forthwith adjourn itself.
'Whereas the Commons of England in Parliament had appointed them an High Court of Justice, for the Trying of Charles Stuart, King of England, before whom he had been three times convened; and at the first time a Charge of High-Treason, and other Crimes and Misdemeanors, was read in the behalf of the Kingdom of England,' etc. [Here the Clerk read the Charge.] 'Which Charge being read unto him, as aforesaid, he the said Charles Stuart was required to give his Answer: But he refused so to do; and so expressed the several Passages of his Trial in refusing to answer. For all which Treasons and Crimes this Court doth adjudge, That the said Charles Stuart, as a Tyrant, Traitor, Murderer, and a Public Enemy, shall be put to Death, by the severing his Head from His Body.'
After the Sentence read, the Lord President said, This Sentence now read and published, is the Act, Sentence, Judgment, and Resolution of the whole Court.
Here the Court stood up, as assenting to what the President said.
King—Will you hear me a word, Sir?
Lord President—Sir, you are not to be heard after the Sentence.
King—No, Sir?
Lord President—No, Sir; by your favour, Sir. Guard, withdraw your Prisoner.
King—I may speak after the Sentence—By your Favour, Sir, I may Speak after the Sentence ever.
By your Favour (Hold!) the Sentence, Sir——
I say, Sir, I do——
I am not suffered for to speak: Expect what Justice other People will have.
O yes: All manner of Persons that have any thing else to do, are to depart at this time, and to give their attendance in the Painted Chamber; to which place this Court doth forthwith adjourn itself.
Then the Court rose, and the King went with his guard to sir Robert Cotton's, and from thence to Whitehall.
FOOTNOTES:[20]John Bradshaw (1602-1659) was the son of a Cheshire gentleman. Called to the bar in 1627, he practised at Congleton till about 1643, when he became judge of the Sheriff's Court in London, and was enjoying, according to Campbell, 'a considerable but obscure practice'; had, according to Clarendon, 'a good practice in his chamber, and [was] much employed by the fractious'; and became, according to Milton, 'a profound lawyer, an eloquent advocate.' He defended Lilburne successfully in 1645. He was made President of the High Court for the purpose of this trial, after the position had been declined by Whitelock, Rolle, St. John, and Wilde. After this trial he presided at the trials of the Duke of Hamilton following on the Battle of Worcester; and Holland, Norwich, Capel, and Owen after the siege of Colchester. Later on he vigorously opposed Cromwell, and accepted a seat in Richard Cromwell's Council of State. He became a Commissioner of the Great Seal in 1659, and died in October of that year. His body was exhumed at the Restoration with those of Cromwell and others, hung at Tyburn, and buried under the gallows. According to a legend perpetuated by an inscription on a cannon, his body was taken to Annapolis and buried there. A panegyric was written on him by Milton.[21]John Cook acted with Bradshaw as one of the counsel defending Lilburne in 1646. After the trial, of a scurrilous account of which he was probably the author, he was made Master of the hospital of St. Cross, and afterwards held various judicial posts in Ireland. On the Restoration he was tried and executed with the other regicides.[22]Seepost, p.150.[23]'This is as the king expressed it; but I suppose he meant Answer.'—Former Edition.[24]Clement Walker says: 'Whether these breaches and interruptions were made by Bradshaw, or are omissions and expunctions of some material parts of the king's speech, which this licensed penman durst not set down, I know not. I hear much of the king's argument is omitted, and much depraved, none but licensed men being suffered to take notes.'[25]See p.150.
[20]John Bradshaw (1602-1659) was the son of a Cheshire gentleman. Called to the bar in 1627, he practised at Congleton till about 1643, when he became judge of the Sheriff's Court in London, and was enjoying, according to Campbell, 'a considerable but obscure practice'; had, according to Clarendon, 'a good practice in his chamber, and [was] much employed by the fractious'; and became, according to Milton, 'a profound lawyer, an eloquent advocate.' He defended Lilburne successfully in 1645. He was made President of the High Court for the purpose of this trial, after the position had been declined by Whitelock, Rolle, St. John, and Wilde. After this trial he presided at the trials of the Duke of Hamilton following on the Battle of Worcester; and Holland, Norwich, Capel, and Owen after the siege of Colchester. Later on he vigorously opposed Cromwell, and accepted a seat in Richard Cromwell's Council of State. He became a Commissioner of the Great Seal in 1659, and died in October of that year. His body was exhumed at the Restoration with those of Cromwell and others, hung at Tyburn, and buried under the gallows. According to a legend perpetuated by an inscription on a cannon, his body was taken to Annapolis and buried there. A panegyric was written on him by Milton.
[20]John Bradshaw (1602-1659) was the son of a Cheshire gentleman. Called to the bar in 1627, he practised at Congleton till about 1643, when he became judge of the Sheriff's Court in London, and was enjoying, according to Campbell, 'a considerable but obscure practice'; had, according to Clarendon, 'a good practice in his chamber, and [was] much employed by the fractious'; and became, according to Milton, 'a profound lawyer, an eloquent advocate.' He defended Lilburne successfully in 1645. He was made President of the High Court for the purpose of this trial, after the position had been declined by Whitelock, Rolle, St. John, and Wilde. After this trial he presided at the trials of the Duke of Hamilton following on the Battle of Worcester; and Holland, Norwich, Capel, and Owen after the siege of Colchester. Later on he vigorously opposed Cromwell, and accepted a seat in Richard Cromwell's Council of State. He became a Commissioner of the Great Seal in 1659, and died in October of that year. His body was exhumed at the Restoration with those of Cromwell and others, hung at Tyburn, and buried under the gallows. According to a legend perpetuated by an inscription on a cannon, his body was taken to Annapolis and buried there. A panegyric was written on him by Milton.
[21]John Cook acted with Bradshaw as one of the counsel defending Lilburne in 1646. After the trial, of a scurrilous account of which he was probably the author, he was made Master of the hospital of St. Cross, and afterwards held various judicial posts in Ireland. On the Restoration he was tried and executed with the other regicides.
[21]John Cook acted with Bradshaw as one of the counsel defending Lilburne in 1646. After the trial, of a scurrilous account of which he was probably the author, he was made Master of the hospital of St. Cross, and afterwards held various judicial posts in Ireland. On the Restoration he was tried and executed with the other regicides.
[22]Seepost, p.150.
[22]Seepost, p.150.
[23]'This is as the king expressed it; but I suppose he meant Answer.'—Former Edition.
[23]'This is as the king expressed it; but I suppose he meant Answer.'—Former Edition.
[24]Clement Walker says: 'Whether these breaches and interruptions were made by Bradshaw, or are omissions and expunctions of some material parts of the king's speech, which this licensed penman durst not set down, I know not. I hear much of the king's argument is omitted, and much depraved, none but licensed men being suffered to take notes.'
[24]Clement Walker says: 'Whether these breaches and interruptions were made by Bradshaw, or are omissions and expunctions of some material parts of the king's speech, which this licensed penman durst not set down, I know not. I hear much of the king's argument is omitted, and much depraved, none but licensed men being suffered to take notes.'
[25]See p.150.
[25]See p.150.
Before Charlesii.left Breda to return to England as King; he published a proclamation dated 4-14th April 1660, in which he promised among other things a general pardon for all crimes, to everybody who made submission to the new order of things within forty days, 'excepting only such persons as shall hereafter be excepted by Parliament.' Accordingly, on the 8th of July 1661, the matter was discussed in the Parliament which recalled the King, and a list of excepted persons was drawn up. The House of Lords, as was natural, showed a greater desire for severity than the House of Commons, which gave Charles an opportunity, of which he was not slow to avail himself, of appearing before the House of Lords as an advocate for leniency. The result was that the Act of Oblivion was passed by the newly elected Parliament on 11th July 1661. The Act, which deserves careful study for various reasons, begins by pardoning all crimes committed between 1st January 1637 and 24th January 1660. There then follow exceptions. These include murders not committed under theauthority of the King or Parliament, double marriages, witchcraft, and 'any theft or stealing of any goods, or other felonies' committed since 4th March 1659. But the more important exceptions are contained in three sections, by one of which various persons are excluded from the benefit of the Act, while by the other two some of them are not to be executed without the authority of an Act of Parliament. It is obvious that, as is pointed out by Bridgman in Tichburne's trial, these sections did not affect the functions of the jury in the trials of any of the named persons. Marten, who was in the second category of exceptions, condescended to attempt to defend himself on the ground that his name was Harry Marten, and the name in the Act was Henry Martin; and Cook took a still more technical point of defence on the same subject. In the result the King's conduct in the matter seems generally to have been regarded as lenient, and indeed his character seems to be free from the reproach of cruelty or a desire for vengeance. It is interesting to observe that there was a question of including Milton in the list of excepted persons. He was not, however, so included, and as he would otherwise have been subjected to a long term of imprisonment, we must, if we agree with Lord Campbell in attributing to Hale any credit for the composition ofThe Pilgrim's Progress, consider that Charlesmissed a chance of contributing to the writing ofParadise Lost.
As a preliminary to the trial a meeting was held to settle certain points of law which it was foreseen would arise. This was attended by all the judges then in office, namely, Sir Orlando Bridgman, Chief-Baron of the Exchequer;[26]Justices Foster[27]and Hide of the Common Pleas;[28]Justice Mallet[29]of the King's Bench;together with Sir Geoffry Palmer,[30]the King's Attorney; Sir Heneage Finch,[31]the King's Solicitor; Sir Edward Turner, Attorney to the Duke of York; Mr. Wadham Windham, of Lincoln's Inn; and Mr. Kelyng,[32]the reporter. Itwas there resolved to try the prisoners at Newgate by commission of Gaol Delivery, rather than by a special commission of Oyer and Terminer, so as to proceed with the trial at once; that all the prisoners should be arraigned the first day; that the King's counsel might privately manage the evidence before the Grand Jury (the practice of allowing any advocates to appear before the Grand Jury has long fallen into disuse); that the murder of the King should be precisely laid in the indictment, and be made use of as one of the overt acts to prove the compassing of his death; that any act tending to the compassing of the King's death besides the one laid in the indictment might be given in evidence; that the two witnesses required in treason need not speak to the same overt act;[33]that the fact that a juror had already found another prisoner guilty on the same indictment was no good ground for a challenge; that the prisoners should not be tried in irons; that the murder of the King should be stated to have been committed byquidam ignotus, with a visor on his face;[34]that the compassing of the King's death should be laid to have been committed on the 29th Jan. 24 Car. I., and the murder itself ontricesimo mensis ejusdem Januarii, without naming any year of any king; and that the indictment should conclude 'contra pacem nuper domini regis coron' et dignitat' suas,' etc.; and other technical matters were settled in the same way. The indictment was in Latin, being preferred after Michaelmas, until which time English was allowed by the Convention which was sitting when the King was restored.
The trials began on the 9th of October 1660, at Hick's Hall in the County of Middlesex, when the Grand Jury were charged by the Lord Chief-Baron Bridgman. True bills were found against thirty-one persons,[35]a true bill being found against Hulet on the 12th.
On the next day Thomas Harrison[36]was put up to plead.
Clerk—Thomas Harrison, How sayest thou? Art thou Guilty of the treason whereof thou standest indicted, and art now arraigned? Or not Guilty?Harrison—My Lords, have I liberty to speak?Court—No more (at this time) than Guilty or Not Guilty. Mr. Harrison, you have heard the direction before. We can but give you the same rule. If you plead Guilty you shall be heard at large; if Not Guilty, you know what remains.Harrison—Will you give me leave to give you my answer in my own words?Lord Chief-Baron—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 was in your condition. You must plead Not Guilty, or if you confess Guilty, there must be judgment on your confession.Harrison—You express your rule very fair, as well to me as to this gentleman (pointing to sir H. Waller, who had just pleaded guilty); but I have something to say, which concerns your Lordships as well as myself.Court—You must hold, and plead Guilty or Not Guilty.Harrison—My Lord, I have been kept close prisoner near these three months, that nobody 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 your time in vain. You trouble the Court. You must plead Guilty, or Not Guilty. We must not suffer you to make discourses here. You must plead either Guilty or Not Guilty.Clerk—Are you Guilty, or Not Guilty?
Clerk—Thomas Harrison, How sayest thou? Art thou Guilty of the treason whereof thou standest indicted, and art now arraigned? Or not Guilty?
Harrison—My Lords, have I liberty to speak?
Court—No more (at this time) than Guilty or Not Guilty. Mr. Harrison, you have heard the direction before. We can but give you the same rule. If you plead Guilty you shall be heard at large; if Not Guilty, you know what remains.
Harrison—Will you give me leave to give you my answer in my own words?
Lord Chief-Baron—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 was in your condition. You must plead Not Guilty, or if you confess Guilty, there must be judgment on your confession.
Harrison—You express your rule very fair, as well to me as to this gentleman (pointing to sir H. Waller, who had just pleaded guilty); but I have something to say, which concerns your Lordships as well as myself.
Court—You must hold, and plead Guilty or Not Guilty.
Harrison—My Lord, I have been kept close prisoner near these three months, that nobody 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 your time in vain. You trouble the Court. You must plead Guilty, or Not Guilty. We must not suffer you to make discourses here. You must plead either Guilty or Not Guilty.
Clerk—Are you Guilty, or Not Guilty?
After objecting to plead in this way for a little more time, Harrison was at last persuaded to plead Not Guilty. He then objected to complete the usual formula by saying that he would be tried by God and his Country, saying that they were vain words; but eventually—
Harrison—I do offer myself to be tried in your own way by God and my Country.Clerk—God send you a good deliverance.
Harrison—I do offer myself to be tried in your own way by God and my Country.
Clerk—God send you a good deliverance.
On the next day, the 11th, at seven o'clock in the morning, Harrison's trial began by the calling of the jury, of whom Harrison challenged thirty-five, his maximum number.
The case was then opened by Finch, the Solicitor-General, who, after explaining the law of treason by quotations from the Bible and Coke, charged the prisoner more particularly with having brought the King up to London; with having signed the warrant constituting the Court which tried him; with having sat as a member of the Court; and with having signed the death-warrant.
All the witnesses were then sworn, six in all.
Mastersonproved that he saw Harrison sitting 'in that which they called the High Court of Justice' on the 27th of January 1649, the day when the King was sentenced; and that when the sentence was read he, with others, stood up as assenting to it.Clark,Kirk, andNutleyalso gave evidence to the same effect; the latter adding that some few days before the 20th there was a Committee in the Exchequer Chamber of which the prisoner was a member.
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 businesswith 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 discourse that passed between his late majesty and himself in coming between Windsor and London, or Hurst Castle, I know not well which. My Lord, that passage that I observed to fall from him in that discourse was this; he said that the King as he sat in the coach with him was importunate to know what they intended to do with him. The King asked, What do they intend to do with me; Whether to murder me or no? 'and I said to him, There was no such intent on as to kill him, we have no such thoughts.' But (said he) the Lord has reserved you for a public example of justice. There is one word more, my Lords, and that is this, which I heard from the prisoner at the bar. 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.
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 businesswith 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 discourse that passed between his late majesty and himself in coming between Windsor and London, or Hurst Castle, I know not well which. My Lord, that passage that I observed to fall from him in that discourse was this; he said that the King as he sat in the coach with him was importunate to know what they intended to do with him. The King asked, What do they intend to do with me; Whether to murder me or no? 'and I said to him, There was no such intent on as to kill him, we have no such thoughts.' But (said he) the Lord has reserved you for a public example of justice. There is one word more, my Lords, and that is this, which I heard from the prisoner at the bar. 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.
Lord Newburgh,[37]when he was living at Bagshot, saw Harrison conducting the King in custody from Hurst Castle to London. The two warrants, one for the trial, the other for the execution of the King, were produced, and Harrison's signatures to them were proved to be in his handwriting. The Court pointed out that they were not produced as records, but as evidence of overt acts of constituting a compassing of the King's death on his part.
Harrison—I do not come to be denying anything 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 anything of authority in themselves, or as used to any other purpose, but as evidence of the fact against you; take that along with you.
Harrison—I do not come to be denying anything 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 anything of authority in themselves, or as used to any other purpose, but as evidence of the fact against you; take that along with you.
This concluded the evidence; and Windham summed up the case very shortly, concluding, 'I think a clearer evidence of a fact can neverbe given than is for these things,' [Here the spectators 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 the Court Counsel. It is more fitting for a stage-play than for a Court of Justice.Harrison—It is now time, my Lords, to offer what I have to say. Have these learned gentlemen offered what they have to say?Counsel—We have no more till he hath given us occasion, not for evidence of the fact.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 terrors 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, whilst 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 in the bucket; and to this moment I have received rather assurance of it, and that the things that have been done as astonishing on the one hand, I do believe ere 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 myself 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——[38]Court—Pray, Mr. Harrison, do not thus reflect on the Court. This is not the business.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 than 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 thou at my right hand,' and such kind expressions. Thus I have given a little poor testimony that I have not been doing things in a corner, or from myself. 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 counsel 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 Precedents 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 murders? 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 justify them, to fall upon others, and to blaspheme God, and commit a new Treason: For your having of counsel, this is the reason for allowing of counsel: When a man would plead any thing, because he would plead it in formality, counsel 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 latitute, this must not be suffered, that you should run into these damnable excursions, to make God the author of this damnable Treason committed.
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 the Court Counsel. It is more fitting for a stage-play than for a Court of Justice.
Harrison—It is now time, my Lords, to offer what I have to say. Have these learned gentlemen offered what they have to say?
Counsel—We have no more till he hath given us occasion, not for evidence of the fact.
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 terrors 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, whilst 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 in the bucket; and to this moment I have received rather assurance of it, and that the things that have been done as astonishing on the one hand, I do believe ere 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 myself 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——[38]
Court—Pray, Mr. Harrison, do not thus reflect on the Court. This is not the business.
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 than 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 thou at my right hand,' and such kind expressions. Thus I have given a little poor testimony that I have not been doing things in a corner, or from myself. 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 counsel 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 Precedents 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 murders? 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 justify them, to fall upon others, and to blaspheme God, and commit a new Treason: For your having of counsel, this is the reason for allowing of counsel: When a man would plead any thing, because he would plead it in formality, counsel 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 latitute, this must not be suffered, that you should run into these damnable excursions, to make God the author of this damnable Treason committed.
Harrisonrepeats his two points; that whatwas done was done by a 'Parliament of England, by the Commons of England assembled in Parliament'; and was therefore not to be questioned by the present Court; and that what any did in obedience to a power which they could not disobey, they ought not to be punished for. Upon these two points he asked to be allowed the assistance of counsel. To this the Lord Chief-Baron replies that the body Harrison refers to was not a Parliament, that Harrison had made himself 'a solicitor in the business,' when he said, 'Come let us blacken him as much as we can'; and that 'neither both Houses of Parliament, if they had been there, not any single person, community, not the people collectively, or representatively, had any colour to have any coercive power over their King.' Annesley—who had, as he says, been one of the 'corrupt majority,' put out of the house at the time of Pride's Purge—and Hollis repeat the same thing. An argument then ensues between Harrison and the other members of the Court on the authority of Parliaments generally; at last—
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.Harrison—Under favour, this doth belong to me. I would have abhorred to have brought him toaccount, had not the blood of Englishmen that had been shed——Counsel—Methinks he should be sent to Bedlam, till he comes to the gallows to render an account of this. This must not be suffered.Solicitor-General—My Lords, I pray that the jury may go together upon the evidence.Sir Edward Turner—My Lords, this man hath the plague all over him, it is a pity any should stand near him, for he will infect them. Let us say to him as they used to write over an house infected, 'The Lord have mercy upon him,' and so let the officer take him away.
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.
Harrison—Under favour, this doth belong to me. I would have abhorred to have brought him toaccount, had not the blood of Englishmen that had been shed——
Counsel—Methinks he should be sent to Bedlam, till he comes to the gallows to render an account of this. This must not be suffered.
Solicitor-General—My Lords, I pray that the jury may go together upon the evidence.
Sir Edward Turner—My Lords, this man hath the plague all over him, it is a pity any should stand near him, for he will infect them. Let us say to him as they used to write over an house infected, 'The Lord have mercy upon him,' and so let the officer take him away.
The argument then continues a little longer, chiefly between Harrison and the Lord Chief-Baron; till—
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 seared conscience.Harrison—My lords, I have been kept six months a close prisoner, and could not prepare myself for this trial by counsel. I have got here some acts of parliament, of that House of Commons, which your Lordship will not own; and the proceedings of that house, whose authority I did own.
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 seared conscience.
Harrison—My lords, I have been kept six months a close prisoner, and could not prepare myself for this trial by counsel. I have got here some acts of parliament, of that House of Commons, which your Lordship will not own; and the proceedings of that house, whose authority I did own.
The Lord Chief-Baron then summed up shortly, and the jury brought in a verdict of Guilty, apparently without much hesitation. Sentenceof dragging, hanging, and quartering was accordingly passed in the ordinary terms.
HUGH PETERS[39]
Hugh Peterswas called upon to plead on the 9th of October 1660.
Clerk—Hugh Peters, hold up thy hand. How sayest thou? Art thou guilty of the treason whereofthou standest indicted; and for which thou standest 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 Country. 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 country.
Clerk—Hugh Peters, hold up thy hand. How sayest thou? Art thou guilty of the treason whereofthou standest indicted; and for which thou standest 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 Country. 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 country.
The trial took place on the 13th of October, and after the jury were sworn, without Peters making any challenges, the case was shortly opened by Sir Edward Young. He stated that he would prove that Peters was a chief conspirator with Cromwell at several times and several places compassing the King's death; that he preached many sermons to the soldiers urging the 'taking away the King,' comparing him to Barabbas; that he was instrumental in directing the making of the proclamation for the High Court of Justice; that when the King was executed, he was the person that urged the soldiers below the scaffold to cry for justice; and that on the day after the trial he commended it.
Dr. William Youngwas the first witness. He first made Peters' acquaintance about the time of the siege of Pembroke Castle, in 1648. Afterwards, in 1649, Peters went over to Ireland withCromwell, and falling sick of the flux, returned to Milford and sent for the witness.
There I found him, grovelling upon the deck, and sick he was indeed; with much difficulty we got him on shore; within a very few days, 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 we grew so familiar, that at last I found he began to enlarge 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 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.
There I found him, grovelling upon the deck, and sick he was indeed; with much difficulty we got him on shore; within a very few days, 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 we grew so familiar, that at last I found he began to enlarge 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 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.
He said that he had been employed out of New England to stir up the civil war; that he had been sent by the Parliament to Ireland 'to receive further instructions to drive on the design to extirpate monarchy'; that he had spent a great deal of his money, but had never been repaid the £2000 or £3000 he had been promised for his journey; he used to vilify monarchy, 'jocundarily scoffing at it, and would ordinarily quibble in this manner, saying "this Commonwealth will never be at peace till 150 be putdown." I asked him what this 150 was, he told me the 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 the Switzers, Tinkers, and Traitors,' He had a commission from Cromwell to raise troops for Ireland, he issued two commissions to bring over two troops from Devon, and offered to make the witness a major or captain. Talking of the removal of the King from Holmby House, he said that the Parliament having then a design to secure himself and Cromwell, they
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 kingdom 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 Cromwell I cannot tell; but to the utmost of my remembrance, and I am mistaken if it was not the advice of Mr. Peters to Cromwell; and I believe it, because his former relations of his instructions out of Ireland did tend to that effect.Peters—My lord, I desire to speak a word [his voice being 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 satisfy 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 gentlemen I do know——Counsel—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 myself as any witness; this I say to the man that speaks, and this is certain, I did spend some time at this gentleman's 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 country, and here he came to me to help him in 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 country. 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 Oliver Cromwell 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 that 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; andthat he hath been freer in my judgment in any communication in 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 spy, and you say it was 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. 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 myself 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 country, 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 ribbon off his shoulder, and the George he shewed me.
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 kingdom 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 Cromwell I cannot tell; but to the utmost of my remembrance, and I am mistaken if it was not the advice of Mr. Peters to Cromwell; and I believe it, because his former relations of his instructions out of Ireland did tend to that effect.
Peters—My lord, I desire to speak a word [his voice being 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 satisfy 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 gentlemen I do know——
Counsel—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 myself as any witness; this I say to the man that speaks, and this is certain, I did spend some time at this gentleman's 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 country, and here he came to me to help him in 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 country. 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 Oliver Cromwell 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 that 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; andthat he hath been freer in my judgment in any communication in 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 spy, and you say it was 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. 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 myself 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 country, 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 ribbon off his shoulder, and the George he shewed me.
William Gunterwas a drawer at the Star inColeman Street. Oliver Cromwell and several of his party used to meet there in consultation; there were several meetings; he remembered one in particular when Peters was there; he came about four in the afternoon and stayed till ten or eleven at night; they were talking about the King after he was a prisoner, for they called him by the name of Charles Stuart; they were writing something, but the witness could not say what. He could not say whether Peters was there oftener than once, '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.
Peters—I never wore a great sword in my life.
Starkeydeposed that in the December before the King's death, and up to the 12th of the following January, the headquarters of the army were at Windsor, and General Ireton was quartered at his father's house. The Council of War was held there, and Cromwell, Ireton, Peters, Col. Rich, and another gentleman, whose name he forgot, would meet and consult there, and sit up till two or three in the morning very privately together. The witness was often in Ireton's company, and Peters would often come in to meals in the evening.
Mr. Ireton being civil in carriage, would usually entertain discourses with Mr. Peters, likewise would favor me sometimes with discourse; and in that discourse I did many times take occasion to assert thelaws in point of the king; and discoursing about the king as being a capital instrument in the late inconveniences, as they called it, in the times of the war, Mr. Ireton would discourse this ordinarily; I was bold to tell them that the person of the king wassolutus legibus; this gentleman the prisoner at the bar, told me it was an unequal law. I did observe Mr. Peters did bend his discourse, not by way of argument only, but in point of resolution of judgment, 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 king, or bear that office; I have heard him say, that for the office itself (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 it was not a thing that a man was necessitated to observe by an accident, but it was their 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 control his passions with reason, told my mother that they (meaning Mr. Ireton, etc.) should have no entertainment there, and took the key of the cellar 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'; sometimesthey did laugh at it, but never did reflect upon him; but this night he made this expression, 'God save the king's 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 looked upon it in reason that Cromwell, 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 at 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 upon the King; 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.Counsel—Mr. Peters, if you have any thing to ask this witness, you may.Peters—I have many things to ask him. Did I ever lie there?Starkey—No.Peters—Did you see me there at three o'clock in the morning?Starkey—I have seen you go up at ten o'clock at night to Mr. Ireton's chamber, and sometimes I understood you did not go away till four o'clock in the morning: I went to bed it is true, but I understood it so.
Mr. Ireton being civil in carriage, would usually entertain discourses with Mr. Peters, likewise would favor me sometimes with discourse; and in that discourse I did many times take occasion to assert thelaws in point of the king; and discoursing about the king as being a capital instrument in the late inconveniences, as they called it, in the times of the war, Mr. Ireton would discourse this ordinarily; I was bold to tell them that the person of the king wassolutus legibus; this gentleman the prisoner at the bar, told me it was an unequal law. I did observe Mr. Peters did bend his discourse, not by way of argument only, but in point of resolution of judgment, 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 king, or bear that office; I have heard him say, that for the office itself (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 it was not a thing that a man was necessitated to observe by an accident, but it was their 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 control his passions with reason, told my mother that they (meaning Mr. Ireton, etc.) should have no entertainment there, and took the key of the cellar 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'; sometimesthey did laugh at it, but never did reflect upon him; but this night he made this expression, 'God save the king's 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 looked upon it in reason that Cromwell, 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 at 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 upon the King; 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.
Counsel—Mr. Peters, if you have any thing to ask this witness, you may.
Peters—I have many things to ask him. Did I ever lie there?
Starkey—No.
Peters—Did you see me there at three o'clock in the morning?
Starkey—I have seen you go up at ten o'clock at night to Mr. Ireton's chamber, and sometimes I understood you did not go away till four o'clock in the morning: I went to bed it is true, but I understood it so.
Thomas Walkelysaw Cromwell, Goodwin, Peters, and others in the Painted Chamber at Westminster on the day after the proclamation for the trial of the King was made. Goodwin sat in the middle of the table and made a long speech or prayer, and then it was ordered that strangers should leave the room, and Walkely went out, and afterwards saw Peters leave the room with the others. When the King was brought to London as a prisoner, Walkely 'saw his majesty in his coach with six horses and Peters, like a bishop almoner, riding before the king triumphing.'
Proctoralso saw the King driving into London with the prisoner riding before him, the King sitting alone in his 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 pass by, and was glad I escaped so.'
Hardwickheard the proclamation for the High Court of Justice made in Westminster Hall, and afterwards Peters came into Palace Yard and told the officers there that the proclamation must also be made in Cheapside and at the Old Exchange.
Holland Simpsonsaw the sitting of the High Court; he saw Peters there, but not as a judge.
There was one day in the hall colonel Stubbards, who was adjutant-general (he was a very busy man) and colonel Axtel; Mr. Peters going down the stairs, comes to him, and bids Stubbards to command the soldiers to cry out 'justice, justice, against the traitor at the bar.'Counsel—Who did he mean?Simpson—The King was at the bar at the same time; whereupon, my lord, the soldiers did cry out upon the same; and as the King was taken away to sir Robert Cotton's some of them spit in the King's face, but he took his handkerchief, wiped it off, and smiled.
There was one day in the hall colonel Stubbards, who was adjutant-general (he was a very busy man) and colonel Axtel; Mr. Peters going down the stairs, comes to him, and bids Stubbards to command the soldiers to cry out 'justice, justice, against the traitor at the bar.'
Counsel—Who did he mean?
Simpson—The King was at the bar at the same time; whereupon, my lord, the soldiers did cry out upon the same; and as the King was taken away to sir Robert Cotton's some of them spit in the King's face, but he took his handkerchief, wiped it off, and smiled.
Thomas RichardsonandSir Jeremy Whichcotspoke to casual expressions of Peters which showed approval of the King's trial and deposition.
Richard Nunnelly, sworn.
Counsel—Was Peters upon the Scaffold at the time of execution or before?Nunnelly—On that unhappy day, 30th of Jan. 1649, this Hugh Peters came an hour before the king came to Whitehall; I came with a warrant of a £40 or £50,000 to Oliver Cromwell, being door-keeper to the Committee of the Army; Nunnelly, says Oliver Cromwell, 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; andthen I got with Hugh Peters into the Banqueting-House; being there, Hugh Peters met one Tench of Hounsditch, that was a joiner 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? Says he, This day will be a happy day. Said I, Pray God send it be not a bloody day; upon that Hugh 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 king's 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 Hugh 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 my 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 are more witnesses to the same thing, and so he may speak to all together.
Counsel—Was Peters upon the Scaffold at the time of execution or before?
Nunnelly—On that unhappy day, 30th of Jan. 1649, this Hugh Peters came an hour before the king came to Whitehall; I came with a warrant of a £40 or £50,000 to Oliver Cromwell, being door-keeper to the Committee of the Army; Nunnelly, says Oliver Cromwell, 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; andthen I got with Hugh Peters into the Banqueting-House; being there, Hugh Peters met one Tench of Hounsditch, that was a joiner 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? Says he, This day will be a happy day. Said I, Pray God send it be not a bloody day; upon that Hugh 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 king's 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 Hugh 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 my 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 are more witnesses to the same thing, and so he may speak to all together.
Dr. Mortimer, sworn.
Mortimer—Me lar, me ha serd de king, etc.Court—We cannot understand a word.Counsel—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 Counsel waved his evidence, and prayed another witness might be called.]Mortimer—Me Lar, me can peak Englis——Counsel—No, no, pray sit down, we will examine other witnesses. Call Stephen Clough.
Mortimer—Me lar, me ha serd de king, etc.
Court—We cannot understand a word.
Counsel—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 Counsel waved his evidence, and prayed another witness might be called.]
Mortimer—Me Lar, me can peak Englis——
Counsel—No, no, pray sit down, we will examine other witnesses. Call Stephen Clough.
Stephen Cloughheard there was to be a meeting of the Council of officers at Westminster, about three weeks or a month before the King's execution,