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King's Council. Whether did you see this gentleman sitting amongst 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 amongst them, and particularly on the 27th of December, being the day on which sentence was given.
Scroope. 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. Col. Scroupe desired that one might be asked, if he could tell whereabouts he sat; to which the witness answered,
My Lord, I cannot say that positively; I cannot remember such a circumstance so long; but, to the best of my remembrance, he was the uppermost judge on the right-hand.
Sir Richard Brown was sworn, to give evidence concerning several treasonable words that he should speak about the king's murther.
The act for constituting the fligh-Court of Justice was likewise read; and Col. Scroope 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 then spoke to the jury, and told them, that they had heard by six several witnesses, that the prisoner had sat amongst the king's judges; and by three, that he sat the day which was by them called, The Day of Judgment.
The prisoner said, that he had a great disadvantage in answer. ing to such learned men, who were to plead against him, and said, that he would not undertakc 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 promoted there. unto by that command: I have not time to bring these matters 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 parlia. ment, 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 the life of the least cripple at the gate, without the king, much less against himself.
Col. Scroope. I say, my Lord, I am but a single person; and, if there be mistakes, I am not the only persor: that have been misled; I hope that an error.in judgment 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 the authority of 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 any thing 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, accord. ing to the form, Whether the prisoner at the bar was 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 were passed as aforesaid, and the indictment 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 discoover their private imaginations, which is, that they did meet and
consult, &c. there is a statute of the 25th of Edward the Third, against imagining, designing, or compassing the death of the king, which ye are to enquire after.
• There was a thing called the High Court of Justice, in which bloody court our sovereign was tried, and this gentleman was one of those miscreants that had the confidence, nay, the impu. (dence to sit amongst 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 amongst those who were called the king's judges, and particularly on the twenty-seventh day of January, 1648, on which day the sentence was 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 donc in such a fear, “ But in the fear of the Holy and Righteous Lord, the Judge of the Earth.'
Whereat 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 wherein my name was set, which, when I saw, I struck it ont; I leave it to the Lord to jndge, I thought not well of it, and so was very unwil.. ling to appear in it, there being, as I thought, enough besides me to be employed in it, and therefore I speak the truth, as it is in Jesus, to shew 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 obedi.. ence to the then supreme authority of England, and after the Lord gave answer to solemn appeals.
Ronning on after this rate, the court was wearied with his dise : cours!, and put him on to plead to his indictment.
He desired he might declare the grounds whereupon the parlia. ment proceeded, and give the grounds and reasons of the fact.
To which the king's council said, then you must needs confess it. Whereupon he acknowledged that he was there, and pro. ccelled according to 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 with. out denying our allegiance, that the subject can hold up his hand against his sovereign.
After, the Lord Annesly made a learned specch, declaring the illegality of their proceedings, that when a treaty was concluded with the king, and accordingly all things like to be settled, he and some other had contrived and designed to keep the far greater part of the members ont 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 bronght him in guilty.
Mr. Scott was brought next, and, after all the formalities of the court were over, he first pleaded the privil: ge of a parliament-man; several witnesses were produced against bim, that he so gloried in the death of the king, as to say, “ That he desired it might be written upon his tombstone, to the end all the world might know it;" as also other things, which expressed his malicious forwardness in that horrid murther. The main part of his pleading, was to justify the authority of the rup 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 indict. ment.
Col. John Jones confessed, that he was present at giving sen. . tence 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 be. fore 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 najesty shall think fit.
All were shackled with fetters, and carried to the press-yard.
TIE FANATICK LIBRARY.
Being a Catalogue of such Books as have been lately made, and, by the
Authors, presented to the Gullege of Bedlamn.
Printed in the Year 1660. Quarto, containing eight pages.
Tyburn, learnedly stated in several positions, in answör to a late Libel, or University. Queries ; by Rubert Titchburn, Alderman.
Canaan's Grapes; being a taste of the virtues and fidelity of our Saints: By the same Author,
Ochus Redivivus: or, a clear Demonstration that a Trap-door, or Gallows, is the best reward for traiterous assistance, an excel. lent piece ; illustrated with variety of figures, and intended lately for publick vicw; by the Parliament of England. A Manuscript not yet printed.
But lately married : or a grave Reason why, amongst other Wares, he hath but for these two years traded in Florns; by Nicholas Gold, Rump Merchant,
Ragionamenti d'Aretino: or, pathetical and feeling Dialogues, for the Preparation and Instruction of the sanctified Sisters; by Thomas Scot, a Brewer's Clark, and late Secretary of the Council of Slate.
The Sirord of the Spirit the Devil's surest Weapon: or, Preaching and Praying the most expedient Way to rule the Earth'; by Sir Henry Vane, Knight.
Vanitas Vanitatum, omnia vanitas: or, Saint-like Ejaculations against the Vanity of Turbulency and Ambition ; by the same Vane author.
Corruptio unius generatio alterius: or, a Treatise to prove that a Run-away Apprentice makes an excellent States-man; by Ma. jor Salwey,
Sanguis Martyrum semen Ecclesiæ : A compleat Work, proposing to the Parliament, that the best way to propagate the Com. monwealth is to settle it on the Ruins of its first Founders, Lam. hert, Vane, Desborow, Titchburn, &c. by a Friend to the Commonwealth of England.
Mercurius Acheronticus: or, the Infernal Post, being a Way Jately invented for more speedy and safeConveyance to the diabo. lical Regions; by Thomas Scot, now Post-master General to the Prince of Darkness.
Hoylius Redivivus: or, a perfect Demonstration, that the easiest way, to revenge a Man of his Adversaries, is to make use of the help of Alderman Hoil's Chain: A Manuscript intended shortly for publick View; by Sir Arthur Haslerigge, a crack-brained Knight.
Solemn Prayers for the Destruction of Babel, being very pithy Ejaculations for the pulling down St. Pulcher's Church, lest he should never get Money for the sale of his Horse; by Jeremy Ives, the gifted Maggot-Monger.
De Antiquitate Typographiæ, to shew, that Printing, or Pressing, was as ancient as Grand-father Adam, learnedly put home by Henry Hills, Printer, to the Taylor's Wife in Black-Friars.
Tempora mutantur & nos mutamur in illis: or, a compleat History of the Life of blind Hewson, from his Awl to his Sword, and now to his Last, by his own Hands.
Ariana Arianissima divulgata: or, a plain discovery of those Places and Honours, which are already by the Devil provided for his best Servants of the Rump.
Utrum horum mavis accipe: or, the gracious Proffer of a Hal. ter, or a Hatchet, to the grand Assertors of the good old Cause, by a Friend to the Commonwealth of England.
The Harmony of Confessions: or, the Fanatick Directory; compiled by Sir Henry Vane, Mr. Simpson, Mr. Feak, James Naylor, and others; a Piece wonderfully conducing to the Interest of the Saints, and Destruction of that Antichristian thing, cal. led, Settlement.
Babylon is fallen, Babylon is fallen : or, the true Relation of the final Overthrow, and utter Destruction of the rotten Rump of a Parliamentary Junto, by a Friend to King Charles the Second.
The Rump's Seminary: or, the Way to find out the ablest Uto. pian Commonwealth’s-Men, by the Coffee Club at Westminster.
Lucri bonus est odor ex re qualibet; a Treatise written in De.