they will not help you: you have heard the opinion of the Court touching that Authority. They all unanimously concur in it. Gentlemen of the jury, You see that this prisoner at the bar is indicted for compassing magining, and contriving the death of our late sovereign Lord, King Charles the First, of blessed inemory. In this indictment there are several things given but as evidences of it ; they are but the overt-acts of it. The one is first, that they did meet and consult together about the putting the king to death; and that alone, if nothing else had been proved in the case, was enough for you to find the indictment; for the imagination alone is treason by the law. but because the compassing and imagining the death of the king is secret in the heart, and no man knows it but God Almighty, I say, that the imagination is treason; yet it is not such as the law can take hold of, unless it appears by some overt-act. Then the first overt-act is their meeting, consulting, and proposing to put the king to death. The second is more open; namely, their sitting together, and assuming an authority to put the king to death. The third is sentencing the king. And I must tell you, that any one of these acts prove the indictment. If you find him guilty but of any one of them, either consulting, proposing, sitting, or sentencing (though there is full proof for all), yet notwithstanding you ought to find the indictment. You have heard what the witnesses have said, and the prisoner's own confession. Witnesses have sworn their siting together; and that he was one: one swears he sat four times, another twice; some everal times. There are several witnesses for this, as Mr. Masterson, Mr. Clark, Mr. Kirk, and Mr. Nutley. And then you have another thing too, which truly the prisoner did not speak of. Witness was given against him, that he was the person that conducted the king; this was before that which he would have to be done by a legislative power, and that is another overt-act. If a man will go about to imprison the king, the law knows what is the sad effect of such imprisonment. That hath often been adjudged to be an evidence of imagining and compassing the death of the king. That man, the prisoner at the bar, it hath been proved to you, did imprison the king; as appears by his own hand to the warrant for summoning of that traitorous assembly, the High Court of Justice, as they called it. And also it appears by his hand to the warrant for execution; that Bloody Warrant. He hath been so far from denying, that he hath justified these actions. The Evidence is so clear and pregnant as nothing more. I think you need not go out. The jury went together to the bar, and presently unanimously agreed on their verdict; whereupon they were demanded by the clerk, Clerk. Are you agreed on your Verdict? Jury. Yes. Clerk. Who shall say for you? Clerk. Thomas Harrison, Hold up thy hand. Gentlemen of the Jury, look upon the Prisoner. How say ye? Is he Guilty of the treason where of he stands indicted, and hath been arraign ed? Or Not Guilty? Foreman. Guilty. Then the keeper was charged to look to the prisoner. Clerk. What goods and chattels had he at the time of committing this treason, or at any time sithence? Foreman. None to our knowledge. Which verdict being repeated to the Jury by Mr. Clerk of the crown, the Jury owned it unanimously. Solicitor Gen. My lords, upon this verdict that bath been given against the prisoner at the bar I humbly move, that we may have Judgment given. Your sessions will be long, and your work will be great; his demeanour hath been such that he doth not deserve a reprieve for so many days that you are like to spend in this session. Court. Mr. Harrison, they desire Judgment upon the verdict. What do you say for your self why Judginent should not pass against you? Clerk. Thomas Harrison, hold up thy hand. What hast thou to say for thyselt why Judgment should not pass against thee, to die according to law? Harrison. I have nothing further to say, because the Court have not seen meet to hear what was in my heart to speak, I submit to it. The Crier made Proclamation for Silence whilst Judgment was in giving. L. C. Baron. You that are the prisoner at the bar, you are to pass [qr. receive] the sentence of death, which sentence is this: The Judgment of this Court is, and the Court doth award, That you be led back to the place from whence you came, and from thence to be drawn upon an hurdle to the place of execution; and there you shall be hanged by the neck, and being alive shall be cut down, and your privy members to be cut off, your entrails to be taken out of your body, and, you living, the same to be burnt before your eyes, and your head to be cut off, your body to be divided into four quarters, and head and quarters to be disposed of at the pleasure of the king's majesty, and the Lord have mercy upon your soul*? And then Proclamation was made for adjournment of the Court to this place till seven of the clock to-morrow morning; and all Jurymen and witnesses were commanded to be at the said place and time upon forfeiture of 1002 a-piece. TRIAL OF ADRIAN SCROOP. The Proclamation for Silence. Prisoners brought to the bar, viz. John * See some account of his subsequent con Jury. Our Foreman. (Which was sir T. Allen.) duct and Execution, post. Jones, Adrian Scroop, Thomas Scot, Gregory Crier. Sir Thomas Allen. Clerk. Sir Thomas Allen, lay your hand upon the book, look upon the prisoner at the bar. Scroop. I challenge him, my lord. Lord Chief Baron. That you may not mistake, if you challenge in this manner, and do not join your challenges, we must try you severally one after another; I must tell you the course of the law; if one challenge one, and another challenge another, we must sever, and go to trial one by one. Call the next. Clerk. Sir Henry Wroth: Lord Chief Baron. Then we must go on severally. Set all aside but Mr. Scroop*. Mr. | Scroop, you may challenge particularly whom you will till you come to thirty five; il you go beyond that number, you will lose the benent of the law. Scroop. I desire, my lord, that whosoever was challenged yesterday, may not be called again. Court. No, that cannot be, that is nothing to you. The Court thereupon proceeded and called Challenged. John Lisle, Nich. Raynton, Thomas Winter, Thomas Frankelyn, Randal Nichol, Jo. Kirke, Ambrose Scudamore, George Tirrey, who were all challenged. Jury. Thomas Willet, Hen. Marsh, Charles Pitfield, Christopher Abdy, Richard Chery, Tho. Bid, Jo. Smith, Richard Abel, Ralph Halsel, Jo. Gallyard, Tho. Swallow, Samuel Starnel, were admitted, and sworn on the jury. or else they shall forfeit their recognizance. "Col. Adrian Scroop was accused for sit- Clerk. Cryer, make proclamation. If any ting as one of the Judges in the High Court of man can inform my lords, the king's Justices, Justice, when the King was brought to answer the king's Serjeant, or the king's Attorney, be as a prisoner at the bar, for signing one War-fore this inquest be taken between our sovereign rant for summoning that Court together, and lord the king, and the prisoner at the bar, let another for the Execution of the King. He them come forth and they shall be heard, for denied nothing of this; but pleaded the autho- now the prisoner stands at the bar upon his derity of the parliament in his justification: de- livery; and all others bound by recognizance to nying that he had been acted by any motive of give Evidence against the prisoner at the bar, malice, as the Indictment had untruly suggest-let them come forth and give their evidence, ed; and asserting, that in what he had done relating to the King, he had followed the light of his reason, and the dictates of his conscience. At this trial the principal witness was that Brown, who, having been major general in the service of the parliament, and mentioned already in this work to be of a mercenary spirit, was now brought to betray a private conversation; and to depose, That talking one day with col. Adrian Scroop in the Speaker's chamber, and telling him, that the condition of the nation was sad since the murder of the King, the Colonel had answered, That men had different opinions touching that matter: and being desired by the said Brown to ex-minster, I have already mentioned. It remains plain himself, he told him, he should not make him his confessor. Though this evidence be in appearance very insignificant; yet, having influenced the House of Commons, as I mentioned before, it is not to be admired if it took effect with a Jury in an inferior court; who, taking every thing said against the person accused for substantial proof, made no scruple of bringing him in Guilty of Treason. "He was descended of an ancient family, and possessed of a considerable estate. His port and mien was noble, and the endowments of his mind every way answerable. He appeared early in the Army of the Parliament, being present and engaged at the Battle of Edge-hill, in the head of a troop of horse, which he had raised. He was first advanced to the degree of a major, and soon after appointed to be colonel of a regiment of horse. He had been, for several years, governor of the castle of Bristol; and when the parliament thought fit to slight that garrison, they made him one of their Commissioners for the civil Clerk. Adrian Scroop, hold up thy hand; you gentlemen that are sworn, look upon the government of Scotland, in conjunction with the lord Broghill, Monk, and others. In all these employments he manifested such abilities and fidelity, that the Parliament appointed lum to be one of the Commissioners for the trial of the late King; in which place he acted with all the impartiality that becomes a judge in whom so great a trust is reposed, and who ought to be no respecter of persons. The hard mea sure he received from the Convention at West only to give some account of what he said at prisoner, and hearken to his charge; you shall understand, &c. upon this indictment he hath pleaded Not Guilty. Court of Justice, sitting as judge upon the late king. Masterson. My lords, and gentlemen of the jury, I saw upon the 22d or 23d of Jan. 1649, the prisoner at the bar sitting upon the bench as one of the judges in that which they called the High Court of Justice, the king standing a prisoner at the bar; I say either the 22d or 23d. But I say particularly upon the 27th of Jan. 1649, in which the Sentence was passed upon the late king, I saw the prisoner at the bar sitting upon the bench, in that which they called the High Court of Justice. Counsel. How did he demean himself when the Sentence was read? Masterson. When the Sentence was read, it was by the President (as he was called) of that Court, said to be the Sentence and Judgment of the whole Court, upon which the prisoner at the bar rose up, as to my apprehension, testifying his assent. All their assents were taken so, and no otherwise, to us that were as spectators. Scroop. I beseech your lordships that I may speak without offence and answer to this. Mr. Sol. Gen. May it please your lordships, and you gentlemen of the jury, this prisoner at the bar stands indicted for compassing and imagining the death of the late king, of blessed memory. The indictment sets out, that to that end and purpose the prisoner at the bar did, with others, assemble and sit together at Westminster Hall, consulting upon him, and usurp ed an authority to proceed against the life of our said late sovereign, and in pursuance of that our late sovereign was brought to his death. These things are alledged in the Indictment as several overt-acts, to shew the treason of his heart, which was the compassing and imagining the death of the king; compassing and imagining are the words of the statute; the rest of the Indictment is but as so many overt-acts, evidences and manifestations of that corrupt and wicked heart of his, by which he first thought such a thought against his sovereign. The manner of our evidence shall be this: Before they could come to accomplish this damnable design, it was necessary to meet in a traitorous assembly, which they called the High Court of Justice, that under the pageantry and mockery of that, they might pretend to murder him by a sentence; and before that assembly could come to sit, there was a precept set forth very formally to summon them to sit. This prisoner at the bar is one of those persons, who under his hand and seal did summon that Court to sit upon the life of our late sovereign. When the Court, in obedience to that summons, as they called it, did meet, they sate several times, and he among them; they did proceed with a wonder- Scroop. I would not give offence to the Court ful impudence, as they had begun, to pronounce in any kind; I am now pleading for my life, sentence of death upon our late sovereign; I desire to take a little liberty to ask this genmy lords, this prisoner at the bar was amongst tleman if ever he and I were in company to them, and was at that Court, and gave the sen-gether, that he knows me so well. tence. When they had done, that they might complete their villainy, they made a Bloody Warrant for severing the head of his late majesty from his body, and the hand of the prisoner is to that Warrant also; and this is the scope of our Indictment. Scroop. My lords, may I have liberty to speak? Court. If you do confesss that which is opened in evidence against you, we shall not need to examine any witnesses. Scroop. Examine what you think fit. If I understand that worthy gentleman that spake last, he said that my hand was to the warrant for execution; my lord, if I can see my hand I can tell, and I will not deny my hand." Court. Shew it him: (which was done accordingly.) Scroop. My lords, I will not deny but that it is my hand, but it is not my seal. Counsel. Crier, call Mr. Masterson, Mr. Kirke, Mr. Clarke, Mr. Carr; who were all sworn. Mr. Masterson, pray tell my lords and the jury whether you did see the prisoner at the bar in that which they called the High Court. Mr. Scroop, you may please to have paper, and pens, and ink, to take notes, or to ask any questions. Scroop. My lords, give me leave to ask him this question: whereabouts did he see me sit in the Court? Court. Mr. Masterson, you hear the ques tion, pray answer to it. Masterson. My lords, I cannot particularly say where he sat, but I saw him in the Court, and to the best of my remembrance it was on the second seat on the left-hand of Bradshaw, Masterson. For my part I do not remember I saw his face before the sitting of that Court: if this gentleman ask me if I were ever in his company, I know not how I may construe the word company; but I am sure I never eat nor drank with him; I have seen him very many times at committees, more than twenty times since that business. Mr. Clark called. Counsel. Mr. Clark, you have beard the question, did you ever see the prisoner at the bar in that which they called the High Court of Justice? Clark. I do remember in the year 1649, I saw the prisoner sitting in that which they called the High Court of Justice upon the trial of the king. Scroop. My lords, you may desist in examining witnesses touching my sitting. Court. Do you acknowledge you did sit in that which they called the High Court of Justice? Scroop. Yes, I see it proved, and I see a gentleman here in my eyes that I know very well. I will not deny it. Court. Did you sit upon the Sentence-day, that is the evidence, which was the 27th of January? You are not bound to answer me, but if you will not, we must prove it. Do you confess that? Scroop. I do not confess that I stood up as assenting to the Sentence. Mr. Clark called. Counsel. Mr. Clark, what say you to that? Clark. I did not take particular notice of him that day, that he stood up; but the whole Court stood up, to my apprehension, but I took notice that he was there then present. Counsel. Mr. Clark, do you remember that you saw any of them sit? Clark. I did not take notice of any that sate then, but all stood up, to my thoughts. Mr. Carr called. Counsel. Mr. Carr, Tell my lords and the jury whether you did see the prisoner at the bar sitting in that which they called the High Court of Justice. Carr. My lords, and gentlemen of the jury, the 22d, 23d, and 27th of January 1649 I was present when the names of that they called the High Court of Justice were called, and amongst others that were judges of that Court, as was printed in a Paper, which I then had in my hand, I found the name of Mr. A. Scroop, who I saw did there sit and appear. [Mr. Carr looked in that paper when he gave his evidence.] Scroop. I hope you will not take any evidence from a printed list. Counsel. The manner of his evidence is, he saith, this: that he had this printed paper in his hand when the names of that Court were called, and marking the persons in that paper who were present, and that you were one of them who did appear. Scroop. My lord, I shall not dispute, in regard of my want of skill in the law, the lawfulness of bringing in any Paper in evidence into the Court, I shall not dispute against your lordships; but by your favour, I do suppose there is no witness ought to use any paper, or look upon any paper when he gives evidence; but I shall submit it to your lordships. Sol. Gen. Ask him the question without his paper; but yet nothing is more usual than for a witness to make use of a paper to help his memory. Scroop. The gentleman that spake last I cannot hear him. Sol. Gen. We do not need his paper in this case, he will tell it without a paper; Mr. Carr, speak without a paper. Carr. My lords, pon the calling of those that were Judges in that court which they called the High Court of Justice then sitting, this gentleman the prisoner at the bar did answer to his name then called. Scroop. Did you see me? Carr. I heard you answer, and saw you. Scroop. I pray he may be asked whereabout I sate in that court, Counsel. Mr. Carr, you hear the question, answer to it. Carr. I am not able particularly to tell now, it being many years since. Scroop. My lord, observe of what value this evidence is; I am sure I never was in lus company, I do not know that ever he saw me in his life; I beseech you give me leave to plead for myself in all humbleness and modesty, my lord. L. C. Baron. Notice is taken of it, Mr. Scroop, God forbid you should be debarred of it. Scroop. I say he comes with evidence of a paper, he beard my name called, and marked it it is strange that a gentleman whom I never saw, I know not his name, nor do I think be knew my name if he had met me. L. C. Baron. I told you that was laid aside, and you heard him speak viva voce without a paper. Counsel. Mr. Kirk, did you see the prisoner at the bar in that court which they called the High Court of Justice for trial of the late king? Kirk. My lords, and gentlemen of the jury, I did see the prisoner there, and I did wonder to see him there, which was the reason I took the more special notice of his being there. Scroop. Pray, my lord, let me intreat our thing before he speaks, that your lordships w be pleased to speak to him to give in his evidence without any speech. Counsel. How can that be? Can he give evidence without speaking? Scroop. I beseech you, my lords, give me leave to say this, Let him give in his evidence in plain words without any speech. L. C. Baron. Mr. Scroop, he must be ecused; there are circumstances inducing whz are as much as the principal; this that he bath said is very material; saith he, I did see the prisoner at the bar there; I did not expect a, and wondered at it, and therefore took the more notice.' Let him go on, ask him wha question you will. Scroop. My lord, I submit. L. C. Baron. Mr. Kirk, you must speak the truth, and the whole truth; go on. Kirk. I say as I said before, I saw this gettleman sitting in that which they called the High Court of Justice, and I did therefore wonder at it, because I did not expect hi there. I came to know him formerly as he was called captain Scroop. Council. Go on, Kirk. And, as I said before, I saw the person, this prisoner at the bar, sit amongst the rest of those persons, judges, as they callthemselves, of the High Court of Justice the Trial of the King; I did more particulary take notice of this person, because I did not expect him there: I knew him formerly upc this report, being an eminent man, by the name of captain Scroop, and at that time was an associate of one captain Vivers, and capta Wingham; I had not seen him some years before this business, and seeing of him there, I did the more particularly take notice of him. Scroop. Have you done, Sir? I beseech your lordship ask him what employment he had there himself when he saw me there. Kirk. My lord, I was there to hear the trial. L. C. Baron. Mr. Scroop, I am not willing you should have any thing of interruption, unless you reflect upon any person that concerns not you. Mr. Scroop, do not think it will be for your advantage, nor is it proper for you to ask. Scroop. In all humbleness I do speak it to your lordships, that your lordship will please to consider, that if he had any employment in that business himself, how unfit a witness he is against me. Court. Much fitter. Scroop. If it be so, I have done. Kirk. My lord, I was there only as a spectator, I went only there to see and hear what was there to be seen and heard; I stood there and took notes in characters of the proceedings, and several others with myself did the like, and we compared them together, that was all my business at that time, and I saw him sit there the 27th day of Jan. 1649, which was the day of Sentence against the King. Scroop. Whereabouts did you see me sit there? Kirk. It is not, I think, imaginable that any person should be able after so many years possibly to say where any person sate; but to the best of my remembrance you sate upon the second bench next the Fresident. But I dare not be positive in that, I dare not justify it upon my oath, it is but my remembrance. [Here Mr. Scroop talked to one that stood near him.] L. C. Baron. We must desire that of you, Mr. Scroop, that you will not speak to any here but what the Court may hear. Scroop. I shall observe your commands. Counsel. Did you see the prisoner at the bar sitting in that which they called the HighCourt of Justice as a Judge upon the King? Coyt. I did see him. Counsel. When? What day? Coyt. I cannot name the day: I was there three days of their sitting, there I saw him once or twice; once I am sure. Counsel. Mr. Nutley, did you see the prisoner at the bar sitting in that which they called the High-Court of Justice? Nut. If it please your lordships, I was there in the Court those four several days that they sate in Judgment. I heard the prisoner at the bar called by his name. I did take notice he was there, truly I think he was there twice or thrice, to my remembrance. Counsel. Can you tell what day, whether the 27th of Jan. 1649? Nut. I cannot say positively, but to the best of my remembrance he was there; that was the last day when Judgment was given. Mr. Baker sworn. Counsel. Mr. Baker, what say you? Did you see the prisoner at the bar sitting in that which they called the High-Court of Justice? Baker. Yes, I did see col. Scroop on Tuesday the 23d of Jan. 1649, very particularly stand up and answer to his name. Counsel. Mr. Coytmore, are you acquainted with col. Scroop's hand? Coyt. I have had several letters from him. Counsel. Mr. Scroop, have you a mind to see the Warrant for summoning the Court? Scroop. I desire to see it; I do not remember I set my hand to it. Court. Shew it him. [It being shewed him] Scroop. I cannot say it is my hand. you. Court. Shew it to Mr. Coytmore. Scroop. Be pleased to let me see it once more:- -Which was again shewed him :-Truly, my lord, I will save him the labour. Counsel. You do acknowledge it was your hand? Scroop. I will save him the labour; for I confess I do not love men should be put to their oaths more than needs. [Here likewise the Warrant for Execution was read.] Counsel. My lords, we shall conclude our evidence with major-general Brown, the Lord Mayor Elect. The Lord Mayor Elect sworn. Counsel. My lord, be pleased to tell my lords what discourse hath lately passed between the prisoner at the bar and you concerning the death of the King. Lord Mayor Elect. My lords, upon some occasion I was accidentally at the chamber of the Speaker, there I met this gentleman, whom indeed I knew not; he told me who he was; and when I understood who he was, I said to him (or words to this purpose, I cannot tell the words), because I would not distaste him, and say you have done this, therefore I put it thus, we have done this, What a sad case have we, said I, brought this kingdom unto! Why,' saith he? You see, said I, how it is ruined 3 X |