humbly desire that the jury would take notice, that though I am accused in the name of the king, that if I be acquitted, the king is not cast: it doth not concern the king that the prisoner be condemned, it concerns him that the prisoner be tried: it is as much to his interest, crown and dignity, that the innocent be acquitted, as that the nocent be condemned. Sol. Gen. My lord, this puts us now upon the reputation of our evidence; and you may see how necessary it is to distinguish between confidence and innocence; for this very person that desires you to have a care how you condemn the innocent, he doth seem to intimate to you, that he is an innocent person at the bar; and yet confesses he did sit upon the king, did sentence him to death; that he signed the warrant for the execution; and yet here stands the person that desires you to have a eare of condemning innocence: what is this at the bottom of it, but that the fact is such as I dare not call innocence, but would have you to believe it such? Gentlemen of the jury, was it your intention the king should be so tried as this prisoner moved? It will concern you to declare, that the people of England do abhor his facts and principles; every fact the prisoner hath confessed himself, the sitting in that Court, which was treason; his sentencing was treason; signing the warrant for execution was the highest of treasons: gentlemen, all that he hath to say for himself is, there was an authority of his own making, whereby he be comes innocent; but we hope out of his own mouth you will find him guilty. I was fearful I should have charged my own conscience as then knowingly and inaliciously to act it. My lord, it was my unhappiness to be called to so sad a work when I had so few years over my head; a person neither bred up in the laws, nor in parliaments where laws are made. I can say with a clear conscience, I had no more enmity in my heart to his majes ty, than I had to my wife that lay in my bosom. My lord, I shall deny nothing; after I was summoned, I think, truly, I was at most of the meetings; and I do not say this, that I did not intend to say it before, but, preserving that salvo to my own conscience, that I dis not maliciously and knowingly do it, I think I am bound in conscience to own it: As I de not deny but I was there, so truly, I do believe I did sign the instrument. And had I known that then, which I do now, (I do not mean, my lord, my afflictions and sufferings, it is not my sufferings make me acknowledge), I would have chosen a red-hot oven to have gone inte, as soon as that meeting: I bless God, I do this neither out of fear, nor hopes of favour, though the penalty that may attend this acknowledg‐ ment may be grievous; my lord, I do acknow. ledge the matter of fact, and do solemnly pro test I was led into it for want of years; I do not justify either the act or the person; I was so unhappy then as to be ignorant, and I hope I shall not now, (since I have more light) justify that which I was ignorant of: Iam sure my heart was without malice: if I had been only asked in matter of fact at first I should have said the same; I have seen a lit Gilbert Millington. I desire you to hear tle: The Great God before whom we all stand, me; I come not hither to dispute, but to achath shewn his tender mercy to persons upo knowledge; I will not trouble you with long repentance; Paul tells us, though a blasphediscourses. My lord, it is not fit for wise men mer, and a persecutor of Christ, it being done to hear them, I am not able to express them; ignorantly, upon repentance he found mercy; I will not justify myself, I will acknowledge my- my lord, mercy I have found, and I do not self guilty. My lord, the reason why I said the doubt but mercy I shall find. My lord, I camt last day, Not Guilty, was in respect of being in upon the Proclamation, and now I am here, upon the scaffold, and murdering the king, and I have in truth given your lordship a clear and those things; but I will wave all things, if your full account, whatever the law shall pronounce, lordship will give me leave, and will go unto because I was ignorant: yet I hope there will the lowest strain that possibly can be; I will be room found for that mercy and grace that I confess myself Cuilty every way. I was awed think was intended by the Proclamation, and by the present power then in being. This II hope by the parliament of England. I shall leave with you, and lay myself at your feet, and have no more at all to say, but a few words in a petition, which I desire you will please to accept, and so I conclude. Counsel. We do accept this honest and humble confession, and shall give no evidence against him to aggravate the matter. L. C. Baron. Your petition is accepted, and shall be read. Robert Tickburn. My lord, when I first pleaded to the Indictment, it was, Not Guilty, in manner and form as I stood indicted; my lord, it was not then in my heart, either to deny or justify any tittle of the matter of fact; iny lord, the matter that I was led into by ignorance, my conscience leads me to acknowledge; but, my lord, if I should have said Guilty in manner and form as I stood indicted, say no more, but, in pleading of that, humbly beg that your lordships will be instrumental to the king and parliament on that behalf Counsel. We shall give no evidence against the prisoner; he says he did it ignorantly, and I hope and do believe he is a penitent; anda far as the parliament thinks fit to shew mercy, I shall be very glad. Owen Roe. I have not much to say, I never had any ability; therefore, my lord, it was ne ver my intent upon my plea, as was said be fore, to deny any thing I have done; for I was clearly convinced that I ought to confess it he fore, and I do confess against myself, that I did sit there several times, and to the best of my remembrance I did sign and seal the warrant for his execution; and truly, my lord, it wa never in my heart to contrive a plot of this sa ture. How I came there I do not know, I was very unfit for such a business, and I confess I did it ignorantly, not understanding the law, co was carried away bidden in the business, not understanding what I did; therefore, my lord, I humbly entreat this honourable Court, that you will consider of it, and look upon me as one that out of ignorance did it; and if I had kuown of my act, I would rather have been torn in pieces with a thousand horses. When I heard of the Declaration and Gracious Pardon of his majesty, I confess I went to my Lord Mayor's, and laid hold of it, and I thought my life as secure as it is now in my own hands; but I do wholly cast myself upon the king's mercy; and as I have heard he is a gracious king, full of lenity and mercy, so I hope I shall find it. I was never against government; it is a blessed thing that we have it; I hope all the nations will be happy under it. I shall submit to his majesty and government. I can say no more; I was not brought up a scholar, but was a tradesman, and was merely ignorant when I went on in that business; I do humbly entreat your lordships, that you would, as tenderly as may be, present my case to the king, whom I rest upon, and leave all to your lordships' wisdom and discretion, to do what you will concerning me Counsel. We accept his confession, and do hope he is penitent before God, as well as before the world. Robert Lilburn. Be pleased to give me leave to speak a few words; I shall be ingenuous before your lordships, I shall not wilfully nor obstinately deny the matter of fact; but, my lord, I must, and I can, with a very good Conscience, say, that what I did, I did it very innocently, without any intention of murder; nor was I ever plotter or contriver in that murder; I never read in the law, nor understood the case thoroughly; whatever I have done, I have done ignorantly. L. C. Baron. Because you shall not be mistaken in your words, God forbid that we should carp at your words; the word innocent hath a double acceptation, innocent in respect of malice, and innocent in respect of the fact. Lilburn. The truth is, my lord, I was for the withdrawing of the Court, when the king made the motion to have it withdrawn; and upon the day, my lord, that the king v.as put to death, I was so sensible of it, that I went to my chamber and mourned, and would, if it had been in my power, have preserved his life. My lord, I was not at all any disturber of the government; I never interrupted the parliament at all. I had no hand in those things, neither in 1648, nor at any other time. I shall humbly beg the favour of the king, that he would be pleased to grant me his Pardon, according to his Declaration, which I laid hold on, and rendered myself according to the Proclamation. I did it ignorantly, not knowing what I did. I shall not deny the matter of fact; but as to that I pleaded Not Guilty before, it was in relation to that which I was ignorant of, the law of the nation; I have not been bred to it I humbly desire your lordships to consider, that what I did was done ignorantly, not knowing the law. Counsel. What was that? Smith. I do confess that I sat in the Court, I do not remember that I signed or sealed. [both the Warrants being showed him adds] My lords, I confess the hands are like mine, but whether they be so or no, I know not. Counsel. Then we will prove it. Is the seal yours? Smith. I do not know. Counsel. Do you confess you were in the Painted Chamber the 29th of Jan.? Do you remember any thing of that? Smith. I do not certainly know that. Counsel. My lord, he hath said enough. Shall the Jury doubt of that which he believes? Smith. I do not remember that I did write it. Counsel. My lord, we press it no farther, he hath confessed enough. Smith. My lord, what I have done I beseech you consider I did it in ignorance, not knowing the law; there were these about me that were able to call me, who were then in authority, whom I dared not disobey, if so, I had been in danger also. Counsel. My lords, we have done; be pleased to direct the Jury upon these several evidences and confession. Smith. I beg one word, I must declare this, I can speak it seriously, that from the first to the last of these unhappy wars, I have been a man of trouble and sorrow; I have been, as many wiser men have been, run upon error. My lord, I know not what I have done; I pray that this Court will be pleased to be a mediator for me, that I may have his majesty's favour, and that this Petition may be received on my behalf. [He then delivered his Petition to the Court,] I can rejoice for that hap py settlement that is again in the nations, and declare cheerfully my humble submission to that government, and desire the Lord will bless and prosper his majesty and the parlia ment in these nations; my lord, I rendered myself according to the Proclamation; I shall say no more, L. C. Baron. Gentlemen, you of the Jury, these prisoners at the bar, that is, Mr. Harvey, Pennington, Marten, Millington, Titchburne, Roe, Lilburne, and Mr. Smith, there are eight, these are persons who by the Act of Indemnity are to be tried for their lives for the treasons they have committed, but no execution is to be until the parliament have further considered the matter that is before us, and you are to find the matter of fact: what mercy they shall find hereafter, that is to be left (as I told you) to the consideration of the parlia ment, we are to proceed according to law and to repentance. They that crucified Christ' [After a little consultation between the Ju- Jurors. Yes. Clerk. Who shall say for you? Clerk. Edmund Harvey, hold up thy hand. justice. They are all indicted for compassing | Almighty to incline his heart more and more and imagining the death of our late sovereign lord Charles the First, of most glorious memory; and for that that hath been opened to you there are so many overt-acts, which are as so many evidences to prove that indictment, which is the compassing and imagination of their hearts to put the king to death. If any one of these be proved, that is alone enough to prove the Indictment, which is the compassing and imagining of the heart, that is the treason, the others are but evidences. If any thing burst forth from the mouth, or from the hand, as here it is, these are evidences of the imagination of the heart; for this you have heard by the confession of all of them, that they did enough to find the indictment: they have all of them confessed their sitting upon the king in that traitorous assembly which they called the High Court of Justice. There is one of the overt-acts expressly laid down in the indictment, they took upon them an authority to consider how to put the king to death, and that they did put the king to death, but they were mistaken, as some of them said, that the actual murdering of the king was not their meaning. But if they did that which tended towards it, they are all guilty of treason; it is all one to you, if they be guilty of any of these; either sitting, sentencing, or signing, they are guilty; and all of these, except two, are guilty of all these; the matter is clear and pregnant. There is something hath been said by many of them, with a great deal of expression of sorrow; they did confess (all but one) the fact; and that which tended to their defence was ignorance; but that doth not at all concern you. It will be taken in its due time into consideration; the several deportments of them all, that is for another judicature. Your business is to find the matter of fact; only let me repeat unto you, there is Mr. Harvey, who hath pleaded several matters which are not proper for you, expressing his sorrow and penitence, we shall not trouble you with that, because they are for the consideration of another court; we ought all to have a tender compassion, ought to be sorry with and for them that are sorrowful. The like of alderman Pennington. Marten hath done that which looks forward more than backward. I could wish with all my heart he had looked more backward; that is, to repentance of that which is past, than obedience to that which is to come; it is a trouble to repeat those things which he said himself, and truly, I hope in charity he meant better than his words were. Millington, he hath done the like with the rest, confessed the fact, put himself upon mercy wholly, and said, he was overawed by the present power.' This I repeat, not as any thing to you, who are to consider only matter of fact. For alderman Titchburn, he hath spoken very fully, and truly very conscientiously-upon the whole matter, acknowledges his ignorance, his sorrow, his conviction in point of conscience; and I beseech God Clerk. Look to him, keeper. The same question being asked touching al derman Pennington, Henry Marten, Gilbert "One person escaped, as was reported, merely by his vices: Henry Marten, who had been a most violent enemy to monarchy. But all that he moved for was upon Roman or Greek principles. He never entered into mat ters of religion, but on design to laugh both at them and all morality; for he was both an impious and vicious man. And now in his imprisonment he delivered himself up to vice and blasphemy. It was said that this helped him to so many friends, that upon that very ac count he was spared." Burnet. In Mr. Coxe's Historical Tour in Monmouthshire, is given a whole chapter of Anecdotes of Henry Marten;' from which the following passage is extracted: "He was first confined in the Tower, but soon removed to the castle of Chepstow; m both of which places he was treated with great lenity. His wife was permitted to reside with him; he had the full enjoyment of his property, and was allowed to receive visits, and to fre quent, in company with a guard, the houses of the neighbouring gentry, particularly that of St. Pierre, where his portrait is still preserved. His situation could not be distressed, as Mrs. Williams recollected two of his maid servants, who always mentioned him as a kind master, and were able to save money in his service, Millington, alderman Titchburn, colonel Roe, colonel Lilburn, and Henry Smith, they were severally found Guilty by the Jury in manner aforesaid. All which prisoners finding the place where they stood to be cold and unwholsome, prayed the court they might have leave to be returned to the prison 'till the court shall be pleased to command their farther attendance; which was granted. The rest of the Prisoners aforenamed, together with W. Heveningham, brought to the bar. Clerk. You the prisoners at the bar, those "Misfortune and imprisonment however do not seem to have had the smallest effect in changing his regicidal principles. His epitaph, composed by himself, proves that he died as he lived, a staunch republican; and an anecdote current in the family of St. Pierre, cónfirms this fact: conversing one day on the politics of past times, Mr. Lewis asked him if the scene could be brought back, and the actors again introduced on the stage of life, whether he would sign the warrant for the execution of his sovereign? Marten replied in the affirmative. Mr. Lewis, disgusted with this answer, withdrew his protection, and never again received him at St. Pierre. of 78, "Marten lived to the advanced age and died by a stroke of apoplexy, which seized him while he was at dinner, in the 20th year of his confinement. He was buried in the chancel of the parish church at Chepstow. Over his ashes was placed a stone with an inscription, which remained there until one of the succeeding vicars, declaring his abhorrence that the monument of a rebel should stand so near the altar, removed the stone into the body of the church. | pass, &c. persons last called of the Jury are to If you, or any of you, will challenge all, or any of them, you must challenge them when they come to the book, before they be sworn. Clerk. Charles Pitfield, Christopher Abdy, George Terry, Daniel Cole, Anthony Hall, Richard Abel, Edmund Starnel, Edmund Pit, William Whitcomb, Francis Dorrington, Tho. Nicholl, Robert Sheppard, in all twelve, admitted and sworn of the Jury. Clerk. If any man can inform, &c. Clerk. John Downes, hold up thy hand, &c. and the like was said to all the other persons following, viz. Vincent Potter, Augustine Garland, Simon Meyne, James Temple, Peter Temple, Thomas Waite, and William Heveningham. Look upon the prisoners at the bar, you that are sworn; you shall understand that John Downes, the prisoner at the bar, stands indicted, &c. King's Counsel. May it please your lordships, and you gentlemen of the jury, the pri soners at the bar stand indicted of high treason, for compassing and imagining the death of the late king Charles the First, of blessed memory: the evidence by which we shall make out against then this treason of their heart, in compassing and imagining the king's death, (for that is the substance of the Indictment, and all that follows is but evidence,) will be by proving that they did sit as judges in that pretended Court of Justice when the king stood a prisoner at the bar; that they did sentence him to death, every one of them; and we shall prove against all but one of them that they did sign that Bloody Warrant for murdering of the king; and against one of them that stands at the bar we shall prove (to his shame and confusion of face) that he did spit in the face of our late sovereign lord. John Downes. My lord, I have humbly "The epitaph, composed by himself, is in pleaded Not Guilty; not with any intention to these words: justify the fact, or to extenuate it; but, my lord, in regard there is that charged in the In HERE September the 9, in the year of our Lord 1680, dictment, that my conscience saith I am not To love his country's freedom 'bove his own His Epitaph Here or elsewhere (all's one, to you, to me,) To birds of prey leave my old cage, and fly. Not how you end, but how you spend your guilty of, I durst not plead Guilty; otherwise, my lord, I should not have troubled you with Not Guilty, but should have humbly taken the shame and confusion for it; it is my intention to put the Court to as little trouble as possibly I can; therefore I do humbly intreat of your lordships, and the Court, that you will permit me to acknowledge that which will be a sufficient evidence of my conviction, if the Court so please, and that you will be pleased to hear me on my behalf; if I can humbly offer to you some special thing which is not in the case of another (I could wish it had, if it had we had none been here.) I do humbly acknowledge, that to sit upon that occasion in that place is evidence enough to convince what is in the heart, except by some signal actions that might happen from some that might shew how it was his unhappiness to be put into such a business, yet had neither malice nor treason in his heart; I do humbly conceive that there is that goodness in you, that this plea, this allegation will be ble most welcome to you. My lord, though there was such a thing, such an unparalleled thing, 1 was thrust into this number; but never was in consultation about the thing: God is witness I was not put in 'till the act was ready to pass in a second commitment, by one of the same number; I denied it, yet they said I must make one, I must take my share; so I came in. Never did I know of his majesty's being brought to London till he came. My lords, in this great unhappiness I think it is some mitigation, and I judge it a happiness, that so wise, prudent persons as this Court consists of, that you are my judges, that can look back, my lord, and consider what the times were then, and can, my lord, account it a happiness that there is a special wisdom in you, that in nice cases you will be able to make a distinction. I do indeed, my lords, sadly and seriously confess, that I was divers times with those persons that were called judges of the late king, at several ineetings and sittings; it is long ago, I cannot say how often; I was several times there. My lord, I do humbly beg of your lordships, (I will trouyou as short as I can,) that you would be pleased so far to favour me as to give me leave to give you a short account of the business: the last day his majesty came to that which was called then a Court, several times he was brought, (I think thrice,) and his Charge was given in words high enough; he said he could not acknowledge their jurisdiction; that was the answer, my lord, till the last day; then I confess I was there. He that was called President did again and again tell him the heads of his Charge: told him he had several days given for consideration, that this was the last day that the Court (as they called themselves) would give him for his final answer; if he stood still to-day, and moved to the jurisdiction of the Court, they must take all pro confesso, and would give Sentence: My lord, to this his majesty indeed with a great deal of composedness and wisdom told them to this effect, I cannot own your jurisdiction; you have power enough indeed, I wish you may use it well; but because you are so ready to give a sentence which may be sooner given than avoided, I think fit to let you know that I have something that I desire to speak to my parliament, for I have something to offer unto them that will be satisfactory to you all, and will be for the immediate settlement of the kingdom in peace. My lord, he that was called President answered, that no notice could be taken of any thing, but only whether he would answer to his Charge: Upon that, my lord, his majesty indeed, (with the greatest earnestness that ever I behield, and yet in no unseemly passion,) told them they might soon repent of such a sentence; that he did conjure them to withdraw once again, and to consider of it, if it were but half an hour, or (saith he, if that be too much for you) I will withdraw. My lord, here I can make my appeal to him that must judge me when you have done with me, I had not a murderous nor a traitorous thought against him; but sir, I confess such deep passions did fall upon me, that truly myself I was not. I remember the persons between whom I sat, as it fell out, were one Mr. Cawly, and col. Walton, these two I sat betwixt, these were the words I spake to thein, Have we hearts of stone? Are we men? They laboured to appease me; they told me I would ruin both myself and them; said I, if I die for it I must do it. Cromwell sat just the seat below me, the hearing of me make some stir, whispering, he looked up to me, and asked me if I were myself? what I meant to do, that I could not be quiet? Sir, said I, no, I cannot be quiet; upon that I started up in the very nick; when the President commanded the Clerk to read the Sentence, I stepping up, and as loud as I could speak, spoke to this effect, these words, or to the like purpose; My lord, (said I) I am not satisfied to give my consent to this sentence, but have reasons to offer to you against it, and I desire the Court may adjourn to hear me; presently he stept up and looked at me; nay, saith he, if any one of the Court be unsatisfied, the Court must adjourn: Sir, accordingly they did adjourn into the inner Court of Wards; when they came there I was called upon by Cromwell to give an account why I had put this trouble and disturbance upon the Court? I did speak, sir, to this effect, (it is long ago, the very words I think I cannot speak, but to this effect I did speak: My lord, I should have been exceeding glad if the Court had been pleased to condescend to this gracious expres sion; but it is not too late for ine: I desire not his death, but his life, and that the nations may be settled in peace: The king now is pleased to offer, that if he might but speak with his par liament, he would offer to them such things as should be satisfactory to us all. So (said I) what would you have? Your pretence of bring ing him to these proceedings was, that after such a long and bloody war his majesty would not condescend to such concessions as might secure the parliament's party; but now you hear him, that he will give every one of us sa tisfaction: I told them, sadly told them, I think I may truly say more sadly than at the time,) that if they should go precipitantly on and give judgment upon him, before they had acquainted the parliament with what the king was pleased to offer, we should never be abe to answer it; the rather, my lord, (and that I did press with all the little understanding that I had) if they did but consider the last con cluded order that the parliament made after the passing of the act fur trial, (that which was so called,) I say there was this order that shut up all, that upon any emergency that could not at that time be thought on in the house, the Court should immediately acquaint the house with it. My lord, I did infer as strongly as ! could to them, that if this were not emergent I could not tell what was: The king denied the jurisdiction of the Court, and yet with a vehemency desired to speak with his parle ment; were not these emergencies? If not, knew not what were emergencies. My lords, besides this, there was another thing I did press, |