THE TRYALL AND CONDEMNATION OF Mr. JOHN COOKE, Sollicitor to the late High-court of Injustice. AND Mr. HUGH PETERS, that carnall Prophet.
For their severall High-treasons, &c.
At the Sessions-house in the Old-baily, on Saturday the 13. of October, 1660.
Together with, Their severall Pleas, and the Answers thereunto.
LONDON, Printed for John Stafford and Edward Thomas. 1660.
ON Saturday the 13th of October, The Kings Lords Justices for Tryal of those Traytors who took away the Life of the King called to the Bar.
Mr. John Cook Solicitor to the High Court of Injustice.
Mr. Hugh Peters the Grand Impostor and Designer of that wicked Act.
After the Jury was Sworn and the Indictment Read, The Kings Council, spake as followeth.
Gent. of the Jury, The Prisoner at the Bar stands Indicted that he with others did Imagine and Contrive the Death of the King our Late Soveraigne of ever blessed Memory: The circumstances of the Indictment is onely to shew that they sate as Judges for the Trying, Sentencing and Condemning his said Late Majesty.
And the prisoner at the Bar as a Wicked Instrument stood by, and set his Hand to a Wicked Libel, charging his Majesty with Murder, High Treason &c. He makes a large discourse te prove Innocency it self guilty of high Treason; he is the Man that would not suffer the King to speak, he interrupts him in what he had to say, he moved the Court that if he would not plead it should be taken pro confesso. He prest the Court for Judgement: was angry with them because they admitted of delayes, he prest the court for Judgement, & afterwards demanded Sentence thereupon, And he was the man that did it against his conscience, for he said that the King was a Wise and a Gracious Prince, but that he must Dye and Monarchy with him, And before we have done my Lord we shall prove his Treason and the reward of his Iniquity.
The VVitnesses are called and Sworn to this effect.
That he Exhibited a Charge of High Treason against the King.
That he moved in case the King would not plead the matters in the charge should be taken pro confesso.
That he demanded Judgement of the court and said that the blood that had been spilt cryed for it.
[Page 4]That he did not only demand but several times pressed that Judgement might be given.
Lastly, And that he was angry that the Court did not proceed to give Sentence.
After severall Circumstances between the Prisoner and the Court, the Prisoner stood up and spake as folfoweth.
My LORD,
I may say as Paul speaks in the Acts of the Apostles, Against the Law and Against Caesar, I hope I have not Offended. The Matters which are charged against me do consist in a Narrow compasse; the substance whereof I conceive will come within the three heads following.
1. That I with others did Imagine, Consult and Contrive the Kings Death.
2. That for the perfecting of that Conspiracy I with others did assume Power and Authority over the King.
3. That there was a Person unknown that did Cut off the Kings Head, and that I was Aiding, Abetting, Assisting, and Comforting the Person that did the same.
My Lord, I have very few words to offer for my self, and therefore I hope the Court will give me Liberty. If it appear that I did never Propound, Consult, Advise, Attempt, Imagine, or any way Council the Death of his Late Majesty, then I hope I shall not be found Guilty.
My Lord, I was appointed together with Doctor Dorisleus and Mr. Aske to consider and contrive a Charge against the King, and had an Order sent me to that purpose: now my Lord I conceive that it cannot be said that I did that Malicioufly which I was Required and had an Order to do, I Acting in my Sphear as a Counsellour and no otherwise, and not exceeding the bounds of that aforesaid Order.
[Page 5]The next thing I desire to plead to, my Lord, that words will not amount to High Treason, (and words is all that I am taxed with) words may declare a man to be a Heretick but not a Traytor, but it is objected that I put that Treason into writing.
To which my Lord I answer, whether there be any full proofe that I set my hand to that Charge? that which I writ was only after another as it was Dictated to me, & although the Words were Treason in themselves, yet I onely writing them after another that speaks them, I hope it will not be accounted Treason in me, considering that Treason comes from a traiterous Heart and a secret imagination to do the Act.
The next thing is this my Lord, it is said that I prayed the Justice of the Court against the King, I hope my Lord that that very thing cannot be called Treason, for if the word be considered in the plain Legal Genuine and conspicuous interpretation it will bear no other construction then this [that whereas those Gentlemen brought the King to the Bar it was prayed by me that they would do him Justice, I hope it will appear that I have good council, and that I did not exceed the bounds of my imployment. I put no other words within that Charge, but what was within the Order which Authorized that Court. Now my Lord if I only proceeded according to the merit of the cause, and declared onely in general that it should be according to Justice, and that must be according to Law. I hope, my Lord, that where a double construction may be made of the words the most favourable may be interpreted for me, especially since where there is a desire of doing Justice there can be no intention of injustice, for my Lord if justice be demanded, and injustice done thereupon, I could not any way help it.
[Page 6]I say, my Lord, there is a double construction of the words, [demanding Justice or Judgement; a judgement of acquittal and of condemnation.] Now my Lord, if those that were intrusted with that businesse knew no Law to take away his Majesties Life, and I only demanding their judgement, did not give mine; and I appeal to those Learned Gentlemen that are skil'd in the Law, whether they have not been sorry when a Cause hath gone on their Clients side when they have found the cause wrong; and so was I in this:
Again my Lord, I desire your Lordship to consider that his Majesties condition at that time was very sad, as being a Prisoner, under Force of an Army &c. I hope my Lord, that my drawing up a Charge against him advisedly, was rather a service to him then a disservice, in regard that to make his Tryal the more speedy was to desire his Releasment, as knowing no Law to detain him; and therefore to pray proceedings according to justice, was but to desire his Discharge, which I hope will beget in your Lordships a better reputation of me then a Traytor.
He proceeded to this purpose much longer, urging, that words cannot be instrumental to take away any mans Life, that he did it for his Fee being a Councellour, that he did not doe it Magisterially but Ministerially; and though he did not act by a legal Authority, yet he hoped that he not exceeding their Order, it might bear him out: and therefore seeing there was not such an Evidence as might clear it as the Sun at noon day, that did see him sign that Charge of High Treason against the King whether they did believe that he had such a trayterous intention as in the Indictment was mentioned.
[Page 7]After it was answered by the King's Council, That Mr. Cook had spoken much like a Lawyer, That it was strange that he that knew the Law so much should transgresse so much: He was no doubt long enough in contriving the Death of the King; for that he oftentimes interrupted Him, & made long Speeches to that purpose; which shewes, That out of the multitude of the thoughts of the heart the mouth speaketh. He demands justice and prest the Murther; and whether when he ordered the Clerk to Record that wicked Charge he did not imagine the Death of the King; he was one that did Assemble, meet and consult with that wicked Council: there can be no accessaries in Treasons; for if he be guilty in any part, he is guilty of the whole.
And whereas he says what he did was but for his Fee, is as much as to say, That no Councellor can be guilty of High Treason; and that if a Councellour give advice to kill a Man he shall be excused.
He exhibits this charge against the King in the Name of the people of England, of which Gentlemen of the Jury you are part: therefore look to it, if you own the thing, you justifie what he sayes. But I hope you stand here to tell all the World that the people of England had no hand in it.
It was not enough that he exhibits the Charge, but he aggravates it with all the circumstances imaginable; he presses it, he is angry at delays, he would have things taken pro Confesso: he pretends to be a servant for the people of England, and when he meets his old acquaintance, he tells them that the King must die and Monarchy with him: and I hope that both You and We are bound to vindicate the Commons of England from that horrid Murther.
Gentlemen, every step and gradation in this sad Tragedy [Page 8]is Treason: the very Act of drawing the Charge was Treason; the appearing in the Court was Treason; the coming into Westminster-Hall was Treason, and all present in the Hall (except the sad Spectators) were guilty of Treason.
He sayes he did it for his Fee, and so Gentlemen did Judas; it was a Judas his Fee of thirty Pieces of Silver which made that Wretch go forth and hang himself. A Councellour must keep within the compasse of the Law as well as other people: There was never such a thing as a High Court of Justice known; a High Court, it was a Shambles rather set up onely for the Butchering of his Majesty.
For Mr. Cook's knowing of such a Paper which calls the King a Murtherer, and promoting it, signing it and bringing it into that Assembly, shews clearly, that you had a Design of taking away the Life of the King. And truly my Lord, since he says he did the King a courtesie in demanding Justice against Him; I hope he will think it no unkindnesse in me if I demand Justice against him.
And since he said that the KING must die and MONARCHY with Him, and considering all the other CIRCƲMSTANCES it cannot be conceived but that his demanding Justice against the KING must intend the giving Sentence for his Death.
He sayes he demanded Justice, and so did they that Spit in His Face; and he demanded Judgement, saying, The bloud that had been spilt cryed for it.
After all which, having no more to say, the JURY without going forth found him Guilty, and accordingly Sentence to be Hang'd, Drawn and Quarter'd was pronounced against him.
[Page 9]After Mr. Cook was tuken from the Bar, Mr. Hugh Peters the grand Imposter of the Nation, the General of all fomented mischief, and the abuser of the word of God, maker of malicious interpretations, thereupon to animate the people against his Majestie; was brought to answer according to Law for such his aforosaid mischeivious Trayterous, and abominable practices.
The Jury being sworn, and silence commanded, the Indictment was read, after which the Kings Counsel stood up, and spake to the following effect.
Gentlemen the Prisoner at the Bar, hath been Indicted for aiding, assisting, abetting, councelling and compassing the death of the King; We have evidence against the Prisoner to be a principle Actor in that sad tragedy, next to him that God hath taken to his own judgment. I say, my Lords, he was the principle actor for procuring the Souldiery to be assisting thereunto, he makes use of his Profession for that purpose, for whereas he should have been the Minister of peace, he makes himself the Trumpeter of Treason, to the destruction of the King, he Preached many Sermans, prepareing the Souldiery for his death, compared the King to Barrabas, he was Instrumenial for procuring a High Court of Justice to be erected, appointed where and in what place it should be proclaimed, way instrumental for bringing the King upon the Stage, before that Mock Court; he encouraged the Souldiers to cry Justice, Justice; We shall shew you how at several times he promoted the Kings Death, and after when they brought him to [Page 10]his Tryal, this wretched man stood behind him like the Marshal General, we shall prove too much of his activeness upon that bloody Stage, which we shall leave to the Witnesses, more fully to declare.
Mr. Hugh Peters, had a cloud of Witnesses to justifie this against him, but his confident Impudence denyed every thing objected against him, though many things were not onely proved by the Journal books of the Rump Parliament, but by several authentique and credible Witnesses.
The substance of all the Witnesses is contained in the following Relation.
That Hugh Peters was several times between England and Holland to advise with them how to bring England into a free state.
That he said that it could not be effected unless 150. were taken out of the Nation, the same witness asked him what he meant by 150. he answered, three LLL. The said Witness desiring to explaine himself, he said that the Nation could not be setled till the Lords, the Lawyers, and the Levites were taken out of it.
That he did advise with Cromwel whether there were not a way for the Kingdom to be settled without the King, and that it was said between them that there was no other way then to cut off the Kings head; and being asked whether Cromwel or Peters spoke the words, he answered, That he did not know which, but that was the effect of their consultation, as Mr. Peters himself had confest.
[Page 11]That Hugh Peters was several times at meetings with Oliver Cromwel and Henry Ireton at the star in Colemanstreet, that he used sometimes to come with along sword thither, and not to depart till four a clock in the morning.
That he marcht in the head of the Soldiery several times, and when the High Court of Justice sate.
That he was very busie that day the Proclamation was made for the said High Court in the Pallace yard at Westminster, and said that that was nothing unless it was proclaimed at Cheapside-cross and the Old Exchange too.
Twat he was in Westminster-hall when the High Court of Justice sate, and did encourage the Soldiers of Col. Stubbers Regiment and others, cry out Justice, Justice, and that the said Soldiers did cry out so accordingly.
That he was several times in consultation with the Officers of the Army in the painted Chamber about the Kings Trial, and that he was several times also with Bradshaw till two a clock in the morning in the Deanery of Westminster.
Another Wisnesssaid, That he heard Mr. Peters say, that he was in a consultation with the Officers about the death of the King, and that he should see a blessed day very suddenly.
That he said he could even reverence the High Court of Justice, it did so much resemble the tryal of the world, which shall be at the last day by the Saints.
That he seldom spoke of the King but maliciously and trayterously, calling him Tyrant, Murtherer [Page 12]of his people, &c. And further that Hugh Peters said he was appointed one day to preach before the King, but the wretch would not hear him, meaning the King.
That he was upon the Scaffold that morning that the King was beheaded, and was ordering and preparing things for that purpose.
That he carrying on the work of prayer, as they called it, a moneth before the King was murthered, and being ordered to preach in the Painted Chamber used these words.
Lord what a do there is to bring this great man to his tryal, and yet what a mercy is that this great City falls down before us, He will bring us all into blood again, if we do not take away his.
That in a Sermon preached at St. Margarets in Westminster his whole drift was to prepare the people for the murther of the King, calling him Tyrant, a Murtherer of his people, a Traytor, &c. and said, Good people of the Nation the power is in you, calling the King that Barabas.
Here Mr. Peters, as in all the rest, out-faced and denied all.
The Council here said, That after he had thus prepared the business and brought things to his purpose, the first Sunday after the King was brought to the Bar, being 21 January, 1648. He preached before Cromwel and others at Whitehal upon this Text, Psal. 49. the latter end.
To binde their Kings in chains, and their Nobles in fetters of iron; this honor have all the Saints, praise ye the Lord.
[Page 13]And that he said at that time, blessed be the Lord, the lower house is now purged, &c. The upper house will fall down suddenly, in the same Sermon calling his Majesty (that wretch) very often.
And at another time Preached upon a Text, Isai. 14.18, 19, 20. verses.
All the Kings of the Nations, even all of them lie in glorie, every own in his own house. But thou art cast out of thy grave, like an abominable branch, and as the rayment of those that are slain, thrust thorow with a sword, that go down to the stones of the pit, as a carcase is troden under feet. Thou shalt not be joyned with them in burial, because thou hast destroyed thy land, and slain thy people, the seed of evil doers shall never be renowned. At the top of the Margent in the Bible, being the note to find the Chapter, is writ the (Tyrants fall) where he indeavoured to make a parallel between the King of Babylon, and the King of England.
Another witness being sworn said, That Hugh Peters was often among the councel of Officers at Winsor, That he used to be with them late at night when the Kings death was contrived, That the Gentleman of the house saying grace one day where he dined, and giving thanks, was about to pray after the usual form, God save the King, &c. and he said, God save the King, and deliver him out of the hands of all his Enemies; but Hugh Peters started up of a sudden, and said, Hold Gentlemen [Page 14]your Idol shall not stand long.
That at another time it was said by Hugh Peters, That if they could but keep the Army but one seven years longer, they need not care for the King and all his Posterity.
That he said, That day the High Court of Iustice sate was the happiest day that ever England saw, That it was a day that many of the Saints of God had been praying for these many yeers, and that he could freely say, Now Lord lettest thou thy servant depart in peace according to thy word, for mine eyes have seen thy salvation, This is the glorious beginning of the work, &c.
After many things passing in the Court, Mr Hugh could not say any thing for himself, but plead several good offices he had done for the Kings Friends; to which the Judge answered, That he was not brought thither for any of his good deeds.
At last the Kings Councel told the Jury, in short, That he had been a grand abuser of the people by his seditious Doctrine, That he had been a grand contriver of the Kings death, That his death would preach better then his life, and that since he had put himself upon his Country, and the Country had put themselves upon them, that they should free their Country from that innocent blood: whereupon the Jury without going forth found him guilty.
Sentence passed on him accordingly to be hang'd, drawn, and quartred
And according to the Sentence they were both executed at Chaiing-cross this 16. Octob. 1660.