Lord Mayor Elect. Truly I do not know the day, but it was that day that sir H. M. rendered himself to the Speaker; it was since the coming in of the King. mitted to. My lord, I having received a command from that authority, what I did was in obedience to that authority: My lord, I have not had time to consider of these things, because I have been for these six weeks time shut up a close prisoner, and that I could neither come at counsel nor any thing else, nor to get any thing to prepare for it; therefore I desire your lordships to do me the favour, if you ste any weight in it, to let me have time and counsel assigned me. L. C. Baron. Have you done, Sir? Sol. Gen. Neither tine nor the hand of God appearing in this business, nor the condition he was in, was ever able to bring this L. C. Baron. Then I take it, this is the ef gentleman to be sorry for his offence; but we do fect of what you have said; if I have not taken not give it as any evidence of his crimes: You it aright, tell me so: You say you justify the have heard the prisoner confess the two War-fact, though not your person; that you were rants: You have heard by several witnesses produced, that he did sit in that which they called the High-Court of Justice, by three that he sat particularly on that day they called the day of their Judgment; you have heard how little penitence he hath had, by his declaration to the Lord Mayor Elect. Scroop. I hope now that you have heard the evidence against me, that you will give me leave to make some defence for myself. L. C. Baron. God forbid otherwise but that you should have free liberty. not of the Parliament; that what was done was by Commission from the Parliament; Be pleased not to mistake me, for I say you said this: That that which I have to plead in justi'fication of it, I do not say that I justify my 'self, but that which I have to say is for justi 'fication of the fact: I was, first, no contriver of the business; and then, secondly, I did it by virtue of the command, and in obedience to the authority of the Parliament: That that authority was then accounted the supreme authority of the nations, and that the gene rality of the nations did submit to their a Scroop. Truly, my lords, though my breeding hath not been in the way of the laws, andthority;' I think I have repeated all you bare therefore I have a great disadvantage when there be such learned gentlemen as these are to plead against me, I must confess to you I have something for matter of law to plead for the justification of the fact, though I would not undertake to justify the person; this I humbly intreat, if it may be granted, that I may have some time given me, and some counsel, that I may answer matter of law. L. C. Baron. Mr. Scroop, if you have any thing of matter of law for which you would have counsel, you must alledge that matter first; the use of counsel is only to put it in certainty what you have of matter of law, and then the Court and Judges must judge of it. If you have matter of law, you must tell what it is; if it be matter that there is cause to over-rule it, there is no cause of making further use of counsel. If one be indicted for murder, when he comes to trial he will say, I have matter of law to plead; what is that? That murder is no felony: Do you think counsel will be admitted in this? If you do alledge what this matter is wherein you desire counsel, you shall have your answer. Scroop. My lords, as well as I am able to do it I shall do it; my lord, I was not in the Parliament; take notice of that; and that which was done in the High Court of Justice, i was done by a Commission from the Parliament. My lord, it was that authority, which was then, I will not say it was so, because I would not give offence; it was that authority which was then accounted the Supreme Authority of the nation; and that authority, my lord, that a great many of the generality of the nation sub said. Then, Mr. Scroop, you must know this, that there is no cause at all why counsel should be given for what you speak; I profess it rather tends to the aggravation than extenuation of what you did. First, you say you did it by atthority of Parliament; I am afraid you have been inistaken as well as others; by the word Parliament, what duth that mean? "I am sure you, and every one knows, that there was not one precedent ever heard of till this, that the House of Commons should take upon them the legislative power, and make such an act as this was; there was no colour for it. Then for men upon their own heads, never heard of before, and against the liberty and freedom of the people, that they should call it the Parliament, when there was but 46 sat, whereas there was above 240 excluded; and how you can cal this a House of Commons is a great wonder to me: but I tell you this, take it for granted, that if they were the most perfect House of Commons that could be, did ever the House of Commons before this single act, take upon them the legis lative power without the Lords? The Acts are began in the Commons House; when they have dore, if the Lords do not pass it, it is abortive: if it be done by both Houses, there ought to be a Royal Assent: But the Lords had rejected this Act; then they must take upon them, these 46 men, whereof I do believe there was not above 25 or 26 men that did vote this, and this must be called the Parliament, the Commons of England. I would fain know whether any man hath beard that the licuse of Commons took upon them the legistative power before this Act; Lut this hath been over ruled in the like case, 6 and I shall say no more to it. What is the Oath of Allegiance? Is it not that you would defend the King, his crown, rights and liberties, against all persons whatsoever? It was not only against the Pope (as some would have it), but the word is, or otherwise!' They broke the Oath of Supremacy, which was, That the King was Supreme Governor of these nations.' They swore that they would maintain and keep all privileges, immunities, pre-eminences, annexed to the Imperial crown of this realm; there is difference between some crowns and Imperial crowns: An Imperial crown, it was that which was not to be touched in the person: We do not speak any thing of the absolute power of the King, for you see he cannot judge concerning the death of his father, but by laws. When you swore this allegiance, all those members to break this at once, this would be so far from having any colour of authority, that he that justifies it, justifies it against the light of the conscience and laws. You say you did it by commandment from them; he that doth a command by such an authority, it is his guilt; our Law Books say, That if a Court at Common Law exceed their jurisdiction, in that case he that obeys that command is punishable. In the Court of Common Pleas, if there be an appeal there for murder, it is only proper to the Upper Bench; and therefore if the party be condemned, sentenced, and executed thereupon, the executioner in that case is guilty of murder for obeying that authority, which was indeed no authority; and therefore whereas you would go about to justify the fact, because you did it by command of that authority, that is an aggravation: That when men shall assume an authority which is a devil at the noon day, appearing without vizors; I say, shall assume an authority never heard of before; if men will countenance their acts by obeying them, it is an aggravation: We have already declared this in the case of the prisoner yesterday; we are all satisfied in the law in that case it is so clear a point in law, that my brethren here and we did over-rule it yesterday in the like case, and so we must now; and I hope that all do concur in this opinion that hath been delivered. Lord Finch. I hope all do concur in this opinion delivered by my Lord Chief Baron. You shelter yourself under a command of the House of Commons; but let me tell you, and all the world, That if the House of Commons (let it have been never so complete) had given a command, it had been a thing no ways justifiable; the justification is an aggravation. Scroop. My lord, I do see that every thing I speak, though it be for clearing of myself from your ill opinion, I see it is taken in an ill sense (I humbly beseech pardon for the expression); if I err, I will crave your lordship's pardon; but, my lord, I say this, if I have been mis-led, I am not a single person that have been mis-led. My lord, I could say (but I think it doth not become me to say so), That I see a great many faces at this time that were mis-led as well as myself, but that I will not insist upon: I say this, That I hope an error in judgmeat shall not be accounted malice, or an error of the will: Truly, my lord, I never went to the work with a malicious heart; I humbly desire your lordships to take notice of it, that I never bore any malice at all against his late majesty. L. C. Baron. Mr. Scroop, have you done? Scroop. My lord, I do beseech your lordships to take notice, that an error in judgment is not an error in the will. L. C. Buron. Mr. Scroop, I am very glad to hear you say so: but let me tell you what the law saith; the law in this case creates the malice. If a man do an act of this nature, that may be some kind of excuse to God, but towards man you are to look to the fact, the law implies the malice. If there be any thing you will say in the extenuation of your offence, we will be very glad to hear that may tend to your help. Scroop. My lord, there is one evidence comes in against me that I must confess I am very sorry to see; and, my lord, there was a saying, and it is by my Lord Mayor Elect: Truly he is a worthy gentleman, but I desire the Lord may forgive that which he hath spoken: Truly, my lord, I did never intend any thing in this, neither can I directly remember that I spake those words directly, as my Lord Mayor Flect doth speak: I do believe my Lord Mayor cannot very well remember them himself; for he saith, so far as he cau remember; I must confess that when I was there, and had appeared according to the Proclamation, that such discourse somewhat like it was raised, not of my procuring; I did not procure the discourse; I never intended the justification of the fact; but it was my ill success that I should meet with that worthy gentleman to have so much discourse with him. L. C. Baron. Mr. Scroop, my Lord Mayor Elect saith no more than this, so far as he re'members,' and the words that you should say were these, That some are of one opinion, and some are of another.' Scroop. Upon the death of the king, my lord, I must confess to you, that somewhat I said to him, but I cannot own that I said those words. My lords, He is a worthy person, I do not desire to speak any thing to degenerate in the least kind from him; it is but his Yea, and my No; there was no body there. L. C. Baron. Have you any thing more to say for yourself? Scroop. My lord, if your lordships do overrule it so that I may not have Counsel, I have little more to say. L. C. Baron. You have heard the sense of the Court in that particular, you cannot have Counsel allowed you as to the matter you have pleaded. Scroop: I have done; but only this, my lords, I know not whether it be seasonable to mention it; I came in upon the Proclamation; and, my lords, by means of these unhappy words that have been reported of me in the House of Commons, whereas before I was no excepted person, I came to be excepted, and upon the very last day of passing that act, never was excepted before the very last day : I beseech you take notice of this. L. C. Baron. Mr. Scroop, That is a thing that is not before us, but there will be a proper time to consider of it in another place; that is nothing to the trial; have you any more to say, Sir?. Scroop. No, my lord; will your lordship please to let me speak a word to the Jury? L. C. Baron. If you speak to the Court the jury will hear it. Scroop. Truly, my lord, this I do perceive, that I am under a very great prejudice as to this fact. It hath been the case of many gentlemen besides myself; I desire that these gentlemen would take my case into consideration, as they would their own, and I desire that the Lord would give them direction that they may do that which is according to justice and mercy; that is all that I have to say, my lords. L. C. Baron. You gentlemen that are sworn of this jury, you see the prisoner, Mr. Scroop, hath been indicted for imagining and contriving the death of his late majesty, of blessed memory, king Charles the first. You see there are several things in this indictment; the Charge is the imagining and compassing the death of the king. In the indictment there are several matters of fact to prove this imagination. The imagination is the treason, the matters of fact to prove it are but the evidences of that imagination; if any one of them be proved to you, it is sufficient; the one is consulting and mecting together how to put him to death, the other sitting and assuming authority to bring him to trial. Then you have a sentence by the Court to put the king to death thereupon; afterwards he was put to death: Any one of these matters are evidence enough for you to prove the Indictment; for though the Indictment concludes that so they did imagine and compass the death of the king, and that the king was put to death in manner and form as aforesaid; the manner and form aforesaid goes to this, to the imagination of the heart; for the law did not think any one would put the king to death, they thought it so a crime, they thought it not convenient to bring it into the statute. But the compassing and imagining the death of the king is made treason: Then to apply it, this fact, to the gentleman, it appears to you here by the proofs against him. Here is Mr. Masterson swears he saw him sit in that pretended Court; there was your evidence of the first, the first was their meeting together; and of the second too, they did assume authority upon them; and he swears further to the sentencing, That the prisoner was there. Here were the three Overt-Acts all proved. He confesses he did sign the Warrant for putting the king to death: This, without any witness at all, was a sufficient proof, a proof of proofs. The other witnesses, you hear what they say: you hear Mr. Kirke, Mr. Clark, Mr. Nutley, swear all to his sitting there. It is true, when this comes to the particulars where he sate, you must remember it was twelve years ago; when a man sees a mixt number of about eighty persons, it is impossible a man should be able to answer this particular after twelve years, where such a one sate; but you may see by his sentencing what he did. They all witness they saw him positively; and one tells you, 'He 'wondered he saw him there;' aud indeed it might be a wonder; for Mr. Scroop (to give him his right) was not a person as some of the rest, but he was unhappily engaged in that bloody business, I hope mistakenly; but when it comes to so high a crime as this, men must not excuse themselves by ignorance or misguided conscience. As to God, for this horrid murder of the king, somewhat may be, but there is no excuse or extenuation before man; there may be, I say, before the Lord. You see the proof is full against this gentleman, as full as may be; witnesses saw him sit, and he himself confessed he signed the Warrants. I have no more to say to you, but, Gentlemen, you see what it is; I think for matter of fact you need not go from the bar; but I leave it to you. Scroop. My lord L. C. Baron. Mr. Scroop, if you have any thing to say when the jury have brought in their Verdict, if you will say any thing for matter of mercy, the Court will hear you. Scroop. I thank your lordship. tled themselves in their places. The Jury went together, and presently set Clerk. Adrian Scroop, hold up thy hand. Look upon the prisoner. How say you? Is he Guilty of the treason, whereof he stands indicted and hath been arraigned, or Not Guilty? Jury. Guilty. Clerk. What goods and chattels, &c. L. C. Baron. If you will say any thing, the Court will hear you. Scroop. I have no more, my lord, but refer myself to this honourable Court.* TRIAL OF JOHN CAREW. Clerk. Set John Carew, Tho. Scot, John Jones, and Gregory Clement to the bar; who were set accordingly; and being commanded, they severally held up their hands. Clerk. These men that were last called, &c. Sir Thomas Allen lay your hand on the book: Look, &c. Carew. I challenge him. L. C. Baron. Are you all agreed as to your challenges? Prisoner. No, my lord. L. C. Baron. Then we must do as before, sever you, and go to trial severally: Take * See the particulars of his Behaviour and Execution, infra. the three away, and let Mr. Carew stand at Shercroft, Thomas Uffman, Francis Beal, Jury sworn, Robert Clark, Thomas Grover, Clerk. John Carew, hold up thy hand. "Mr. John Carew was a gentleman of an ancient family in the county of Cornwall, educated in one of the universities, and at the Inns of Court. He had a plentiful estate; and being chosen to serve in the great parliament, he was elected into the Council of State, and employed in many important affairs; in which he shewed great ability. He found the same usage from the Court as maj. gen. Harrison had done; being frequently interrupted, and counsel denied, though earnestly desired by him, in that point of law touching the authority by which he had acted. When he saw Sir Edward Turner. May it please your that all he could say was to no purpose, he lordships, our hue and cry still proceeds frankly acknowledged, that he sat in the High against the murderers of our late sovereign Court of Justice, and had signed two warrants; lord king Charles the first of blessed memory, one for summoning the Court in order to the and this gentleman the prisoner at the bar is king's trial, and another for his execution. apprehended as one among others for shedding Upon this the Court, who were well acquainted that precious blood. Gentlemen of the jury, with the disposition of the jury, permitting he stands indicted before you, for that he, I him to speak, he said, that, in the year 1640, cannot express it better, not having the fear a parliament was called according to the laws of God before his eyes, but being seduced by and constitution of this nation; that some the instigation of the devil, he did imagine and differences arising between the king and that compass the death of his said late majesty. parliament, the king withdrew his person, from In prosecution of this, gentlemen, there be them; upon which the lords and commons several things that are mentioned in the Indeclared- -Here the Court, being con- dictment, which are the open acts to discover scious that their cobweb-coverings were not to you these secret, and private imaginations. sufficient to keep out the light of those truths He did meet and consult with divers persons he was going to produce, contrary to the liberty touching the death of the king, that did usurp they had promised, interrupted him, under co- and take upon them to exercise a power and lour that what he was about to say, tended not jurisdiction to try the king; and finally, most only to justify the action for which he was ac- horribly put him to death. The treason by cused, but to cast a bill of division among the statute of 25 Ed. 3, and which you are those who were present. But Mr. Carew to enquire of, is, the imagining and compassing going on to say, The lords and commons by the death of the king; the rest of the Indicttheir declaratio n-Judge Foster interment are but particulars to prove that he did rupted him again, and told him, he endeavour- so imagine and compass the death of the king. ed to revive those differences which he hoped If we shall prove these, or any of these facts, were laid asleep, and that he did so to blow you have then sufficient to convict him. There the trumpet of sedition; demanding if he was a thing they called a High Court of Jushad ever heard, or could produce an act of tice, that was set up, wherein they did pretend parliament made by the commons alone. To to try our late sovereign lord, and a precept this he would have answered; but was not per-made, and that under the hand and seal of the mitted to finish what he began to say, or hard-prisoner at the bar, amongst others, for sumany one thing he endeavoured to speak in his defence during the whole trial: Mr. Arthur Annesley, particularly, charged him with the exclusion of the members in the year 1648, of which number he had been one. To which he only replied, that it seemed strange to find a man who sat as a judge on the bench, to give evidence as a witness in the Court. These irregular proceedings, unbecoming a court of judicature, obliged Mr. Carew to address himself to the jury, leaving them to judge of the legality of his trial; and appealing to their consciences, whether he had been permitted to make his defence. But they, who were not to be diverted from the resolutions they had taken, without any regard to the manner of his trial, declared him Guilty as he was accused." 3 Ludl. ly moning and convening that bloody Court, where, among the rest of the miscreants, the prisoner at the bar did sit, and had confidence, bay impudence, to pronounce Judgment against his sovereign. In this he rested not, but he, among them, set his hand and seal to that bloody roll or warrant for putting him to death, which accordingly was done; and to these several open acts we shall call our witnesses, and so proceed. Mr. Masterson, Mr. Clark, and Mr. Kirk sworn. Counsel. Mr. Masterson, look upon the prisoner, did you see him sit in that they called the High Court of Justice? L. C. Baron. Mr. Carew, if you will have Counsel. Mr. Masterson, did you see, &c. Masterson. My lords, and gentlemen of the jury, I was present at that assembly, which they called the High Court of Justice for trial of the king, upon the 22d, 23d, and 27th of January 1649, and there I saw the king stand a prisoner at the bar. I saw this gentleman, the prisoner at the bar, sit upon the bench in that Court, as one of his majesty's judges; particularly upon the 27th of January, which was the day of sentence, I saw him sitting there. Counsel. Mr. Clark, you hear the question; do you remember that you saw the prisoner at the bar sitting in that which they called the High Court of Justice? Clark. I remember I saw the prisoner at the bar sitting in that which they called the High Court of Justice for the trial of the late king, and particularly I took notice upon the 23d and 27th of Jan. 1649, that he was present. Counsel. What was done upon the 27th day? Clark. The 27th day the late king was sentenced to death. Jury. What is your name, Sir? Co insel. His name is William Clark. Counsel. Mr. Kirk, what say you to the formner question touching the prisoner, his being at that which they called the High Court of Justice? Kirk. My lords, and gentlemen of the jury, I was present at the trial of his late Majesty of blessed memory. I saw that gentleman, the prisoner at the bar, several days there, particularly the day of the sentence, which was the 27th day of January, 1649; when the sentence was passed he rose up, assenting to it. [Then the Warrant for summoning that pretended Court was shewed to Mr. Kirk.] Counsel. Do you believe that hand to be the hand of Mr. Jo. Carew, prisoner at the bar? Far. My lords, really I believe these are lis hand.. Court. Are you acquainted with his hand? Far. Yes, my lord, and I do believe these to be his hand-writing. I did not see him write them, but so far as possibly a man can know another's writing I do believe these to be his. Court. If you will ask to see them, you may see them, Mr. Carew. Carew. Please you to go on.-Here they were both read. Counsel. May it please your lordships, s shall not need to trouble the jury any further: we have proved that the prisoner did sign that Warrant for summoning that Court of Injustice, that he sate there and sentenced the King to death among others, and that he signed the Warrant for execution. L. C. Baron. Mr. Carew, you have heard the evidence; you may please to speak what you think fit for yourself. Carew. My lords, the crimes that are here laid to my charge in this indictment are Treast and Murther. L. C. Baron. I would not have you to be mis-informed, it is Treason only, but it came the other in with it, Murther. Carew. Because you say it carries the othe inclusively. L. C. Baron. It doth; the charge is th compassing and imagining the death of the King the other is but evidence. Carew. Then the thing that I stand upon be fore the Lord, and before you all, I say be the Lord, before whom we must all stand, an give an account of this action, which is a very great and weighty one: And whereas it s charged there, (for I shall not trouble you with many words as to the particulars, or as to the proofs, but I shall ingenuously acknowledge what the truth is, and how far I can believe t and therefore I say, as to the beginning of wh was charged by the Counsel, and according the course of the indictment, that what w done in those things, that it was not having th fear of God before mine eyes, but being more Kirk. My lords, I do believe it to be his hand; I have seen his hand to several orders, and being very well acquainted with his hand-by the Devil, and that it was done with a tra writing, I believe it to be his hand as much as any man can possibly know another man's torous, malicious and devilish heart, and those things mentioned in the indictment: for that, I ca can say in the presence of the Lor who is the searcher of all hearts, that what did was in his fear, and I did it in obedience to his holy and righteous laws. [Here the people hummed.] L. C. Baron. Go on. He stands for his life, let him have liberty. Carew. It is part of my charge not to have I hope I may have liberty. the fear of God, &c. I did such and such thing L. C. Baron. Go on, you shall not be inter rupted. Carew. I say, that I did it in the fear of the Lord, and I will begin with that, and confess ingenuously the truth of it. When this came into question, there was an Ordinance brought in to try the king, where my name was not as one |