THE High Court of Juſtice met this day in the Painted Chamber.

Mr. Bond prayed with them about half an hour.

The Court then ſat, and preſently adjourned to the Court of Chancery prepared for their ſitting; The Lord Commiſſioner Liſle was Preſident, Mr. Phelps Clerk, Serjeant Glyn, Mr. Prideaux, and Mr. Ellis Council for the Commonwealth.

The Court was called (each member by name) and the Ordinance impowring them read. The Priſoners to be tryed were.

Summerſet Fox was firſt called to the Bar, and an Indictment of High Treaſon read againſt him, for joyning in a traiterous Deſign to have murdered his Highneſs the Lord Protector and divers of his Council, Proclaimed Charls Stuart King, ſeized on the preſent Guards and Forces, involved the Nation in a bloody war, &c.

Summerſet Fox did ingenuouſly confeſs the Charge againſt him upon the main, to be true, and that he is guilty.

Then Mr. John Gerhard, and Mr. Peter Vowel were brought to the Bar, and an Indictment to the ſame purpoſe as that againſt Summerſet Fox, read againſt them.

They pleaded not guilty, and denyed every thing.

Vowel ſaid that he required a Jury of Twelve of his equals, it being a Law confirmed by Magna Charta; and according to the ſixt Article of the Government by the Lord Protector alſo, that Law being not repealed, and therefore that he might be tryed by his Peers.

The Lord Preſident told him, That the Members of the Court were his Peers, not his Superiors but his Equals, and that they were preſent near twice twelve as he ſaw; And that they are to proceed by the power of an Ordinance before them.

It was alſo told him by Serjeant Glyn that he had owned the Juriſdiction of the Court, in pleading not guilty.

Vowel ſaid, he was a man ignorant in the Law, and deſired advantage might not be taken of his weakneſs.

The Attorney General Prideaux ſaid none deſired to take any advantage of any thing, wiſhed they had not brought themſelves into theſe troubles; that they were there in the name of the Lord Protector and the Commonwealth of England to accuſe the Priſoners at the Bar, and to bring in their proof, and the priſoners were to defend themſelves as well as they could, And when both ſides were heard, it was to be left to the Court to determine, and to judge between them.

And it was declared that the plot was to this effect.

That the Plot was to ſeize on the Lord Protector and murder him, and ſome of the Council and others, and Proclaim and bring in Charls Stuart, Son of the late King, to be King, which bloody deſign was to be effected thus.

That the firſt hatching of the Plot was in England by Mr. Hinſhaw, who was one of the cheife plotters, and others; Mr. Hinſhaw went over from England to France, to acquaint Charls Stuart (whom they called their King) with the Deſign, and Mr. John Gerhard about that time went over to France alſo, who had told Mr. Hinſhaw that he would do nothing in it until he had firſt had approbation from Charls Stuart, Mr. Wiſeman was alſo then in France with them.

Addreſs was made to Prince Rupert, and the Deſign made known to him; deſiring him to communicate it to (him they called) the King, who accordingly did, and brought Mr. Hinſhaw to him, But Charls Stuart at the firſt delivered his Judgement in the thing, that he was at preſent unſatisfied at that time to go on in that deſign for three reaſons.

1 Becauſe it would be diſhonourable to him in the eſteem of other Princes, in caſe ſuch a thing ſhould be known, and ſhould not be effected, to come in in ſuch a way.

2 Becauſe it did not ſeem to him to be feaſable, but unlikely to be effected.

3 Becauſe it was not at that time ſeaſonable.

But Prince Rupert afterwards did much encourage and perſwade, That the deſign might be carried on, and promiſed all aſſiſtance.

Mr. Hinſhaw and Mr. Wiſeman returned into England, Mr. Gerhard ſtaied there a while longer, but ſome weeks after came back alſo; Mr. Hinſhaw declared to his confederates here in England what overtures had been with Charls Stuart, and that Prince Rupert had engaged to ſend ten thouſand Scots, Engliſh, and French, and the Duke of York to come with them to land in Suſſex, and other places, and that there would be Forces enough ready to aſſiſt and joyn with them.

Mr. Hudſon the Miniſter was thought on, to have Letters of Credence from Charls Stuart, who ſent a Letter to him, and that which he deſired in caſe the Plot had taken, was to be made the Maſter of Suttons Hoſpitall, which Mr. Hinſhaw promiſed him.

One Maſter Phillips alſo, and others were treated with about it, and Maſter Gerhard returning from France, the Plot was reſolved to be carried on, which was to be effected thus.

1 They were to ſeize on the Lord Protector, and Murder him, and to do this work they ſhould take the opportunity of his going to Hampton Court, which he uſed to do every Saterday, with a ſmal number ſlenderly armed; and thoſe that were to do this were Maſter Hinſhaw, and Mr. John Gerhard with thirty Horſe Mr. Iohn Gerhard to bring twen • y five Horſe, and Mr. Hinſhaw five, which either of them were to engage; Mr. Gerhard was ſomething cautious, not to diſcover who they were he engaged, before an Oath of ſecreſie was given, but twenty five hee had undertaken for.

Mr. Hinſhaws five were himſelf, Mr. Tuedore the Apothecary, Mr. Wiſeman, Col. Aldridge, and another, and then to ſeize on the Tower of London, and to go on with their work.

2 If that failed, To ſeize on all the Guards about Weſtminſter, which they thought two thouſand five hundred ſufficient to do, and carry on their work here about London; and for that purpoſe Mr. Hinſhaw, Mr. Gerhard, and others viewed the Mews and the reſt, and was heard to ſay, What a pitty it was that ſo ſlender Guards ſhould not be ſeized on, and that when the Souldiers were at Nine-pins in the Mews, it was but ſhooting off a Piſtol, and preſently to fall on.

3 The laſt way to have it effected to be thus, That when the Foot Regiments that are for the Guards about London were Muſtering in Tuttle Fields, as they uſe ſeveral times to do, to come into Tuttle-Fields and meet them there as of their own party, and when they have laid down their Arms to ſeize upon them, and have others to be ready at the ſame time every where to perfect the work. And for this purpoſe, if they acted this way,

Col. Finch with a party of two hundred was to fall into London, and do the work in the City.

Major John Gerhard to fall on White-Hall,

Col. Hinſhaw to fall on the Mews,

Col. Daniel with two hundred to fall on Iameſes,

Another to fall into Southwark.

And one Billingsly, a Butcher at Smithfield barres, with a Party to fall upon Iſlington; and it was preſſed that the opportunity might not be neglected.

And that the work might be the more feaſable, they conſidered how as many of the Souldiery as might be, might be engaged in the buſineſſe. And the Papiſts (who had a great hand in the deſign) gave information of two Souldiers of the Army, that uſed ſometimes to come and hear Maſſe, and theſe two they ſent a Papiſt Woman to, who engaged them, and their direction was, To give intelligence at Mr. Hudſons houſe, whither Mr. Hinſhaw and others of them frequented.

Maſter Vowel was cautious being a ſolid man, for his work was not to bear Arms but as a Privie Counſellor to them, and he was to engage Mr. Billingsly the Butcher with a Party to ſeize the Lord Protectors Horſe at Iſlington, and him Mr. Vowel recommended to be a very fit man for that work.

And they had this Art, to endeavour to make the Lord Protector odious to the people, in turning the deſign upon him by a Libel, which was ſcattered up and down London, that his Highneſs and the Army had a deſign to Maſſ • cre all but their Friends in all parts of England, and this Libel was written by Mr. Fenſhaw, which was got printed by one in Newgate-Market, and Mr. Vowel had one of them.

When the deſign was diſcovered, and Mr. Gerhard and ſome others apprehended, Mr. Vowel being at Mr. Hudſons houſe, it was ſaid by him, That the deſign might ſtill go on, though ſome were diſcovered; Mr. Hinſhaw and Mr. Wiſeman came to him to Iſlington to his Houſe, from whence they went to drink their mornings draught, Mr. Vowel ſaid, There were enough to do the work ſtill; Mr. Wiſeman ſaid, There were many Horſe to fall on; Mr. Vowel ſaid, It might be eaſily done.

One Wharton in Black Friers was to proclaim Charls Stuart King, and Col. Finch w • s to ſeize on the Lord Mayor, and make him to proclaime him; Somerſet Fox and others were to raiſe Prentiſes to joyn in the deſign, but the Lord Protector going by Water diſ-appointed them.

Mr. Vowel then ſaid to the Court, That they were not his Peers becauſe they were his Judges, and therefore deſired a Jury of twelve of his equals.

Mr. Predeaux anſwered, that ſo a Jury are the Judges, though they be the priſoners Peers.

The Witneſſes againſt the Priſoners at the Bar were called for.

John Wiſeman was ſworn, and being required to give evidence what hee had to ſay touching the Priſoners at the Bar, avouched the Charge againſt them, and ſaid,

That he was with Mr. Hinſhaw in France, who did communicate by Prince Rupert to Charls Stuart the deſign, as is before expreſt.

That he ſaw Mr. John Gerhard often-times with Mr. Hinſhaw while he was in France, and that he told him in England, That there was a Plot to fall on the Lord Protector, and to bring in Charls Stuart to be King, and to the reſt of that deſign as is before expreſt. And about three weeks after he met Mr Hinſhaw, and Mr. John Gerhard, and they went to Jamſes, and the Mews, White-Hall, and other places.

That Mr. John Gerhard told one Mr. Minors of the buſineſſe, and how they were to fall on my Lord Protector, and ſo as before is expreſt.

Then Mr. Gerhard interrupted him, ſaying, How ſhould this be done with a company of Geeſe.

To whom Mr. Predeaux anſwered, That he knew beſt how it ſhould be done, and wiſht he had ne're known it, nor gone about it.

Mr. Wiſeman went on in his Evidence, and ſaid, That Mr. John Gerhard being at Mr. Hudſons houſe, did there ſpeak about the Plot to fall on the Lord Protector, &c.

That he had diſpute with Mr. Hinſhaw (whom the ſaid Wiſeman calleth Brother by ſome relation) That ſuch a time, and ſo, and ſo, would be ſeaſonable (mentioning ſome particulars.)

That another day he heard Mr. John Gerhard ſay, That he was to command the Party, and had a Piſtol that would diſcharge three ſeveral times, Mr. Hinſhaw, and ſeveral other perſons being then by; and that he doubted not but it would be ſeaſonable, That there were to be about 30 perſons to fall on the Lord Protector, that his brother Hinſhaw ſaid he was to bring five, and Mr. Gerhard 25 to do the work, and named the five aforeſaid that his Brother Hinſhaw was to bring, and that his Brother Hinſhaw told him that Mr. John Gerhard was to ſurprize the Lord Protectors perſon.

And when the Plot was diſcovered, he heard his brother Hinſhaw ſay, that they that were taken were all of Gerhards party and none of his, and that there was a Libel printed to turn the plot on the Lord Protector as is before expreſt: and that his Brother Hinſhaw and Mr. Vowel had ſome of the Papers.

That on Wedneſday after it was diſcovered he was at Mr. Vowels houſe at Iſlington▪ and his brother Hinſhaw was there, and they went to the Kings head to drink, and there his Brother Hinſhaw ſaid, that the buſineſs might go on for all it was diſcovered, many Regiments in ſeveral parts being ready riſe, enough to carry on the work.

Mr. John Gerhard, and Mr. Peter Vowel the Priſoners at the Bar ſtill denyed all, and ſaid it was not true that he ſaid.

Then Mr. Edward Hudſon a Miniſter that is blind was ſworn, who ſaid that Mr. Hinſhaw deſired him to write two or three words to the Scots King, and that Mr. Hinſhaw related all the buſineſs to him of the deſign, and the three Objections by Charls Stuart, and P. Ruperts anſwer afterwards, and the three waies to effect it, very much agreeing with the particulars afore-mentioned; (which need not be here repeated again, becauſe it was the ſame as before)

When he came to particulars touching the Priſoners at the Bar, he ſaid that Mr. Vowel was his intimate friend, one that he had been much beholden to, and might have periſhed had not he relieved him. That Mr. Hinſhaw ſought to engage Mr. Vowel, but hee anſwered that hee thought himſelf to be unfit, That he ſaid he did not reliſh. What Mr. Hinſhaw and he did agree he knowes not, What hee heard was from Mr. Hinſhaw, That they did meet accidentally, That he did ſuſpect Mr. Vowel to act, but was not ſure of it, That he did ſuppoſe they had concluded, but was not ſure of any thing▪ That Mr. Vowel ſaid he was himſelf unfit to engage, but he would engage a friend if he could, That M. Vowel ſaid there were agre it many horſes at Iſlington which might be ſurprized, that he would try what he could doe, but whether he did any thing or not, he knows not.

Mr. Hudſon denyed ſome things be confeſſed upon oath before Col. Goff Juſtice of the Peace.

Col. Goff was ſworn, He teſtified that the Examination (which was produced in the Court) was all written from Mr. Hudſons own mouth, and after it was written, it was read to him, to the end that if there had been any miſtake it might be altered, and was all by him owned upon his oath, that it was freely teſtified, and nothing in it extorted from him.

Mr. Hudſon ſaid that he was preſſed, and that he then ſaid theſe words, Do not thus afflict an old diſtreſſed man, that hath nothing but afflictions upon him.

To which Col. Goff anſwered, That at firſt Mr. Hudſon denyed all, and would confeſs nothing until he heard the whole buſineſs confeſſed by another, and that all that was preſſed to him was to diſcharge his conſcien • e in ſpeaking the truth, and that when he heard another to confeſs the Plot ſo fully, he deſired to be heard again, and then did freely confeſs according to the Examination.

In the ſaid Examination Mr. Hudſon declareth the whole Plot, and the proceedings in France, Charls Stuarts objections▪ P. Ruperts encouragement, the three ways to effect it, and all the particulars of the deſign as aforeſaid, &c.

And how M. Vowel ſpake with M. Hinſhaw▪ M. Wiſeman and the 2 Soldiers, that Mr. Hinſhaw ſaid there were many Cavaliers in Town in the Plot, but would never ſpeak two together, that ſome reliſhed it well, others doubted. But in ſome, that it was agreed to ſeize on the Lord Protector and the Guards, go with Drums and Cullour to White-hal, and the reſt of the particulars for bringing in Charls Stuart, for all the witneſſes do much agree, &c.

In the ſaid Examination he alſo ſaid, that Mr. Hinſhaw ſaid that they would ſet up Major Gen. Brown to be in the head of them, by a Letter which they hoped to get from Charls Stuart, and beleeved that he would accept of it, he being a friend to the King, as they called him.

That it was propounded to M • . Vowel, who did conſent to do ſomething in it, and did afterwards meet ſome ſix times at Mr. Hudſons houſe.

That Mr. Vowel engaged Billingſly the Butcher aforeſaid to be a conſiderable man, diſcourſed with him of the number of horſe, and Billingſly ſaid to him that the horſes at graſs might be eaſily ſeized.

That Hinſhaw told him and Vowel, after Gerhard was taken, that none of his party was taken, and that the plot might go on, that the French, Engliſh, and Iriſh from P. Rupert were to land at Rye and other places in Suſſex.

The Lord Preſident asked Mr. Hudſon whether he did own it, to whom he anſwered, that they were together, and ſuch and ſuch things were ſpoken, but how far Mr. Vowel conſented, he knows not.

Then Mr. Robert Dale was ſworn, who declared againſt Mr. Vowel the Priſoner at the Bar, that Mr. Vowel came to his houſe, and asked him what Arms he had, he told him two Piſtols, he ſaid he would buy them of him, he asked for what uſe, he ſaid that he would tel him hereafter.

That he came with Mr. Hinſhaw, and Mr. Wiſeman ſeverall times to his houſe, who did declare that they had a deſign to fall on the Lord Protector (and ſo in all the particulars agreeing with the reſt touching the whole buſineſs of the deſign how it ſhould have been done, as hath been before expreſt.)

And that Sir Gilbert Pickering, Mr. Strickland, and two or three more of the Council were named that ſhould be cut off.

That they invited him to aſſiſt them, and would have ingaged me to fall on in the ſe • zing of them at Iſlington, and they ſaid there was one to head them, which they ſhould know afterwards, and he ſaid that Mr. Vowel heard theſe things, And that at another time Mr. Hinſhaw, Mr. Wiſeman, and Mr. Plunket met with Mr. Vowel.

And his Examination was read.

That Mr. Vowel asked him whether he had any Arms to accommodate friends, he ſaid two Piſtols (and the reſt of the diſcourſe as now he had ſpoken before the Court) only the Examination mentioned a third perſon of the Council, viz. Ma • , Gen. Lambert alſo to be cut off. That they were provided of an Head, and bad him therefore be ſure to riſe when he had notice. Then Mr. Hinſhaw ſeeing two men paſſing along by where he was, ſuppoſing them to be Souldiers ſaid, they ſhould be killed, and he ſaid that Planket would give notice when they ſhould be ready upon the deſign to fall on, And that he was ingaged to get as many as he could to aſſiſt in the work, That Vowel brought Hinſhaw to his houſe.

Iohn Hipwel, one of the two Souldiers in the Plot being ſworn, ſaid, That a Papiſt Woman brought him to Mr. Hudſons houſe, where he met with them, and one told him; That he had ſomething to diſcover to him if he could joyn in it.

That he was examined how ſtrong the Guards were, and that Regiment of which he was, and ſaid, the Regiment were 1200; Hee was asked what Ammunition, and other ſuch like queſtions, to all which he gave anſwer.

After ſome diſcourſe he told him, That it was to fall on the Lord Protector, and on the Guards, &c. and ſo told him the whole deſign, which he related to the ſame purpoſe as thoſe before.

That he was bid to enquire what Cavaliers were in the Regiment, and among the Souldiery, and drink with them, and do what he could to divide the Souldiery, and to make what Party he could for this work, and that when the time ſhould be for action, the Word ſhould bee, FALL ON.

The next morning hearing ſome were taken Priſoners, there was much ſorrow.

Yee ſee the Papiſts ſate at the Helm of this Plot, and they directed where to finde help.

Then Col. Aldridge was ſworn, who ſaid, That Mr. Hinſhaw revealed there was a deſign to have fallen on the Lord Protector, and brought in Charls Stuart to be King, and related the particulars much to the purpoſe as is before expreſt, and that Hinſhaw asked him if he would be one; That he made ſome queries about it, but Mr. Hinſhaw told him, They had great hopes of accompliſhing it, and that there was an Officer of their own in the Tower that ſhould free the Priſoners, and put Swords in their hands, and that all ſhould be done upon an inſtant, and that then they ſhould have mony enough.

Had all mens eſtates become their prey, they indeed would have had much, but what a ſad condition would England then have been in?

Then Mr. John Gerhard was cauſed to with-draw a while.

Mr. Charls Gerhard was next called for, to ſee what he could ſay touching the Plot, who declared, That Mr. Hinſhaw had been in France with Charls Stuart, and his Brother Iohn alſo, and Mr. Wiſeman had been there, and made a Narrative of all the proceedings there, agreeing with the reſt before; and ſpake alſo of ſeveral meetings at Ludgate-hil, and Covent Garden; how he met Col. Finch at the P • a • zo, who told him of the deſign to kill the Lord Protector, ſeize on the Guards, the Lord Mayor, &c. proclaime Charls Stuart King; and the reſt of that ſtory of their deſign, in which he agreed with the former. And that he declared to him, That they were Liſting apace, and they had many joyned hereabouts. That Col. Deane had liſted all that day, that he himſelf had liſted ſome; That Col. Finch had a Party to joyn with him in the City. That another time he had further diſcourſe again with him about it, that they were to meet the next day, and then it was alſo ſaid, That Finch was to command a Party, and that his Brother Iohn Gerhard alſo was to command a Party, and that his Brother John was then by, and heard this diſcourſe; and that it was ſaid there was ready about London to ſeize on ſeveral parts in all, about two or three thouſand, That Col. Finch was to ſeize on the Lord Mayor, Col. Dean on Jameſ • s, Col. Haines on Col Ingolsbie in Southwark (and ſo named other particulars like what is mentioned before) Told him alſo the management of the deſign in France (agreeing with what is mentioned before) and ſaid. He had a Commiſſion from the King (as he called him.) And he ſpake alſo of their meeting at Beliavage at Ludgate-hil, where mention was made of his Brother John Gerhard, and that Somerſet Fox was there, and engaged in the deſign, and his was to get in all the Apprentiſes he could to joyn in it. That at another time Hinſhaw ſaid, they had liſted two or three thouſand.

Then Mr. John Gerhard was called to the Bar again where he appeared with the other two. Mr. Charls Gerhard was then ſworne, and upon his oath gave in evidence, after his Brother was brought to the Bar, That the deſign was to fal on the Lord Protector, &c. (he gave a ſhort Narrative as before) and further ſaid that his Brother John Gerhard had been in France. John Gerhard Priſoner at the Bar ſaid he confeſt it, that he was in France, when they were there, and was ſometimes in their company, but denied that he knew any thing of any plot.

Mr. Charles Gerhard being deſired to go on further, ſaid, That Mr. Hinſhaw was ſeverall times at his lodgings, and his Brother with him, and talked with him of the deſign, which his Brother ſcrupled, but he told him that if it could be accompliſhed the King (as he called him) would like well of it, That his Brother met Mr. Hinſhaw at Covent Garden, who had pen and Inke before him, and talked of the numbers and other particulars, his Brother John then in the Room (and he named the particulars as before) But his Brother did not reliſh it, and was preſſed by them, nor did he know that he conſented to act.

Mr. Prideaux told Mr. Charls Gerhard that he did well to bee as ſparing as he could againſt a Brother, only be carefull to ſpeak the truth, though with the faireſt interpretation, becauſe Conſcience is neerer than a Brother. The Lord Preſident alſo ſaid, that he was not to look upon either the greatneſſe of men, or the relation of a Brother in this thing, but to look upon his Conſcience, and to look up to his God.

John Man was ſworn, who declared the Deſign in generall, (as the reſt, all agreeing) and that Mr. John Gerhard and others had conſulted about it.

That being asked if he would engage in it, he anſwered yes: That afterwards he went to Belſavidge, but when he came there, there were Somerſet Fox and others, and they ſaid he could not have admiſſion, for ſeveral were apprehended about it, and they knew not what to do, William Dod was ſworn, who gave in evidence, that on Thurſday morning in Whitſon week, Somerſet Fox told him that there was a deſign (as aforeſaid, giving him an account of the whole, ſtill all agreeing) But he told him that it was to be kept ſecret. And that they were to meet about two a clock in the morning about it. That at Bellſavidge he met with Somerſet Fox, and his couſin Fox the next day again, and had the like diſcourſe. Francis Fox being ſworn, gave in the like evidence againſt his Couſin Somerſet Fox, and that hee was invited to joyn with them, but could not tell what to do.

John Wharton was ſworn, who ſaid, he keeps a Victualling houſe in Black Fryers, and that a Gentleman, a ſtranger▪ came to him, and asked him if hee would ſerve the King, and fell in diſcourſe about his calling; that he told him he had marryed a poor widdow: And that the Gentleman told him that if the Deſign went on, he might have money enough, and ſaid that hee would find him better imployment. The Gentlemans name, hee ſaid, was Hinſhaw, as hee heard afterward. And that hee told him hee would not bee long before he came again. Hee ſaid that hee did beleeve they had deſigned to ſeize on the Lord Protector, and all the Horſe guards. But for his part hee was, when they ſhould give him notice of it, only to proclaime the King, that was all that hee was to do.

Mr. Barnes was ſworn, who ſpake of the Deſigne in generall, much after the ſame manner as thoſe before.

Mr. Minors was the laſt Witneſſe ſworn, who gave evidence, that Major Hinſhaw told him of the Deſigne neer Covent Garden, and one Mr. Hariſon, Tuedor, and others, were mentioned. That he asked him if hee would joyn in it. That afterward hee met with Hinſhaw in the Pallace yard at Weſtminſter, who told him of the Deſigne, as before. And that Major John Gerhard was to command a party, and that the buſineſſe was then in good forwardneſſe, but Major John Gerhard thought it could not yet be accompliſhed.

And that when Mr. Hinſhaw heard that Mr. John Gerhard was taken, hee ſaid that hee might thank himſelf, for had not he delayed it, the buſineſſe might have been done two days before.

The Priſoners at the Bar were then asked what they had to ſay for themſelves?

Mr. John Gerhard ſaid he was falſly accuſed, and that the Witneſſes did not ſpeak truth, and denied that he had any thing to do in the Plot, or knew of it.

Mr. Vowel did require of the Court to bee allowed pen, Inke and paper▪ the Copy of his Charge, and Councill to adviſe him what defence to make for himſelf. And pleaded Magna Charta again, as before, and the ſixt Article of the Government of the Lord Protector.

Sergeant Glyn declared, that an Ordinance being declared Law untill the Parliament ſhall repeal it, is to give the ſame authority to it which is to an Act of Parliament, every Act being a Law no longer. That the Laws of old of Treaſon againſt the King are of force (were this new Ordinance not in being) For it means the Supream Governour; though it names only a King, it hath been made uſe of for Treaſon againſt a Queen, and ſo is to bee touching a Lord Protector, or any other Supream Governour.

Mr. Ellis Councill of the Commonwealth, produced in Court the Government of the Lord Protector, in which that very Article in the concluſion of it, hath a proviſo to the 30th Article.

The Atturney Generall Prideaux declared, that the Charge having been ſo fully proved againſt them, yet they could not but take notice of the ingenuous confeſſion of Sommerſet Fox; but were ſorry to ſee ſuch obſtinacy in the other two, after ſuch a barbarous and bloody deſigne; that they ſhould ſhew no ſignes of Repentance: And therefore in behalf of the Commonwealth prayed for Juſtice from the Court againſt them.

The Court adjourned into the Painted Chamber, and Ordered that they ſhould have pen, Inke and paper, and any friend to come to them that they ſhould deſire in the preſence of the Lieutenant of the Tower.

The Court adjourned untill Tueſday next in the afternoon.