Part 20

COUNSEL--Methinks he should be sent to Bedlam, till he comes to the gallows to render an account of this. This must not be suffered.

SOLICITOR-GENERAL--My Lords, I pray that the jury may go together upon the evidence.

SIR EDWARD TURNER--My Lords, this man hath the plague all over him, it is a pity any should stand near him, for he will infect them. Let us say to him as they used to write over an house infected, 'The Lord have mercy upon him,' and so let the officer take him away.

The argument then continues a little longer, chiefly between Harrison and the Lord Chief-Baron; till--

LORD CHIEF-BARON--Mr. Harrison, you have appealed to our consciences. We shall do that, which, by the blessing of God, shall be just; for which we shall answer before the Tribunal of God. Pray take heed of an obdurate, hard heart and seared conscience.

HARRISON--My lords, I have been kept six months a close prisoner, and could not prepare myself for this trial by counsel. I have got here some acts of parliament, of that House of Commons, which your Lordship will not own; and the proceedings of that house, whose authority I did own.

The Lord Chief-Baron then summed up shortly, and the jury brought in a verdict of Guilty, apparently without much hesitation. Sentence of dragging, hanging, and quartering was accordingly passed in the ordinary terms.

HUGH PETERS

HUGH PETERS was called upon to plead on the 9th of October 1660.

CLERK--Hugh Peters, hold up thy hand. How sayest thou? Art thou guilty of the treason whereof thou standest indicted; and for which thou standest arraigned? Or Not Guilty?

HUGH PETERS--I would not for ten thousand worlds say I am Guilty. I am not Guilty.

CLERK--How will you be tried?

HUGH PETERS--By the word of God [here the people laughed].

COURT--You must say By God and the Country. Tell him, you that stand by him, what he should say, if he doth not know.

CLERK--How will you be tried?

HUGH PETERS--By God and the country.

The trial took place on the 13th of October, and after the jury were sworn, without Peters making any challenges, the case was shortly opened by Sir Edward Young. He stated that he would prove that Peters was a chief conspirator with Cromwell at several times and several places compassing the King's death; that he preached many sermons to the soldiers urging the 'taking away the King,' comparing him to Barabbas; that he was instrumental in directing the making of the proclamation for the High Court of Justice; that when the King was executed, he was the person that urged the soldiers below the scaffold to cry for justice; and that on the day after the trial he commended it.

Dr. William Young was the first witness. He first made Peters' acquaintance about the time of the siege of Pembroke Castle, in 1648. Afterwards, in 1649, Peters went over to Ireland with Cromwell, and falling sick of the flux, returned to Milford and sent for the witness.

There I found him, grovelling upon the deck, and sick he was indeed; with much difficulty we got him on shore; within a very few days, to the best of my remembrance five days, I perfected his cure; we became very familiar; I observed in him that he had some secret thoughts that I could not well discover, neither well understand; whereupon I thought it might tend to my security that I should so much sympathize with him, to get within him to know his intentions. After some weeks we grew so familiar, that at last I found he began to enlarge his heart to me. Many times I should hear him rail most insufferably against the blood royal, not only against our martyred king, but against his off-spring; still as we continued our acquaintance, he became more and more open to me; so we would sit up discoursing till about twelve or one of the clock at night very often, about these unhappy wars late in England.

He said that he had been employed out of New England to stir up the civil war; that he had been sent by the Parliament to Ireland 'to receive further instructions to drive on the design to extirpate monarchy'; that he had spent a great deal of his money, but had never been repaid the £2000 or £3000 he had been promised for his journey; he used to vilify monarchy, 'jocundarily scoffing at it, and would ordinarily quibble in this manner, saying "this Commonwealth will never be at peace till 150 be put down." I asked him what this 150 was, he told me the three L's, and afterwards interpreted the meaning to be the Lords, the Levites, and the Lawyers; with that, said I, we shall be like the Switzers, Tinkers, and Traitors,' He had a commission from Cromwell to raise troops for Ireland, he issued two commissions to bring over two troops from Devon, and offered to make the witness a major or captain. Talking of the removal of the King from Holmby House, he said that the Parliament having then a design to secure himself and Cromwell, they

escaped out of London, and rode hard for it, and as we rode to Ware we made a halt, and advised how we should settle this kingdom in peace, and dispose of the King; the result was this, They should bring him to justice, try him for his life, and cut off his head; whether this was the expression of Cromwell I cannot tell; but to the utmost of my remembrance, and I am mistaken if it was not the advice of Mr. Peters to Cromwell; and I believe it, because his former relations of his instructions out of Ireland did tend to that effect.

PETERS--My lord, I desire to speak a word [his voice being low, he was brought to the second bar]. I am the bolder to speak to your lordships at this time a word, and it is high time to satisfy my conscience; if these things were true, there is enough said to destroy me; I desire leave to tell you what offence I take at the witness, thus, my lord. This gentlemen I do know----

COUNSEL--What say you to him?

PETERS--That which I have to say is this, that in his story he hath told that which is not true; but I will not find fault with him, because he was my host, I will not reflect and recriminate: I shall give your lordships in simplicity as much satisfaction myself as any witness; this I say to the man that speaks, and this is certain, I did spend some time at this gentleman's house, he is called there Dr. Young; and my trouble at this discourse is this, I do not know, my lord, that I found a more violent man for the parliament than himself; so far he undertook to be a spy on one side; this I find to be so, he will not deny it; he was very fierce in that way; I think words of such a man ought to be little attended to. The second is this, this gentleman is not a competent witness, and that upon a two-fold ground. First, because I know he is under a very great temptation and trouble in this very thing, and it is upon this account he was put out of his living in the country, and here he came to me to help him in again, and was very highly offended because I did not do it. Secondly, it is not that I would invalidate his witness, but give me leave to tell you, it is his way to snap and catch at every man, which is the complaint of the people in his own country. I know that same which is spoken is false; I speak it in the presence of God, I profess, I never had any near converse with Oliver Cromwell about such things; I speak this to the Jury, that they would have a care of the witness; I was in sickness then; those that have known me do know likewise that I have much weakness in my head when I am sick, and to take words that are spoken in a sick condition, he ought not to do it; for the words themselves I do here profess against them, for the generality of them; and that he hath been freer in my judgment in any communication in this way than I have been; it is marvellous, here I profess the things untruths; I call God and angels to witness they are not true. I will give you an account of my whole condition by-and-by, if I may be heard.

COURT--You shall be heard at large; that which you have been heard now is concerning the competency or incompetency of the witness: the incompetency against him is this, that when you came thither none more violent for the parliament than himself, and that he was a great spy, and you say it was usual with him to take such courses; these are but words; if you have any witnesses we will hear them; the man may be traduced and slandered, and so all witnesses may be taken away. Mr. Peters, if you take this course, God knows when this business will end; if you have a mind take pen, ink, and paper, and take notes of the witnesses, and make exceptions to them one after another; but interrupting one, and so another, we shall never have done.

YOUNG--I do recollect myself of some other conferences between us; as to my being malicious, I know he never did me any wrong, and therefore I cannot be malicious; and as for my reputation, having resided two years in London I can have certificates both from my country, and some of this city, to vindicate me in that particular; But, my lord, that which I would inform your lordship is this, he told me he took duke Hamilton a prisoner himself in his own chamber, seized on his goods, and took his George and blue ribbon off his shoulder, and the George he shewed me.

William Gunter was a drawer at the Star in Coleman Street. Oliver Cromwell and several of his party used to meet there in consultation; there were several meetings; he remembered one in particular when Peters was there; he came about four in the afternoon and stayed till ten or eleven at night; they were talking about the King after he was a prisoner, for they called him by the name of Charles Stuart; they were writing something, but the witness could not say what. He could not say whether Peters was there oftener than once, 'but once I am certain of it; this is the gentleman; for then he wore a great sword.'

PETERS--I never wore a great sword in my life.