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<DATE>2009-03-20</DATE>
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<NAME>Taryn Hakala</NAME>
<RESP>MURP</RESP>
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<VID>119349</VID>
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<DIV1 TYPE="title page">
<PB REF="1">
<P>THE TRYALL AND CONDEMNATION OF Col. DANIEL AXTELL, <HI>who guar|ded the High-Court of Inju&s;tice.</HI> Col. FRANCIS HACKER, <HI>who guar|ded His Sacred Maje&s;ty to the Scaffold.</HI> Cap. HEWLET, <HI>who was proved to be the man that Butchered His Maje&s;ty. Together with,</HI> Their &s;everall <HI>Pleas,</HI> and the <HI>An&s;wers</HI> thereunto.</P>
<P>At the <HI>Se&s;&s;ions-hou&s;e</HI> in the <HI>Old-baily,</HI> on Monday the 15. of <HI>October,</HI> 1660.</P>
<P>By the Judges appointed by the King for that purpo&s;e.</P>
<Q>Malum per&s;equitur peccatores.</Q>
<P><HI>LONDON,</HI> Printed for H. <HI>Deacon,</HI> 1660.</P>
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<DIV1 TYPE="trial">
<PB REF="2">
<PB N="3" REF="2">
<P>ON <HI>Monday</HI> the 16. day of <HI>October,</HI> the Court for Tryal of all &s;uch as had con&s;pired the Kings Death, called to the Bar
<LIST>
<ITEM>Col. <HI>Daniell Axtell.</HI></ITEM>
<ITEM>Col. <HI>Francis Hacker.</HI></ITEM>
<ITEM>Capt. <HI>Hewlet.</HI></ITEM>
</LIST></P>
<P>After <HI>Hewlet</HI> had been Indicted and pleaded not <HI>Guilty,</HI> Col. <HI>Axtell</HI> was called to the Bar, and the Jury being Sworn, The Kings Council &s;tood up and charged the Pri&s;oner to the following effect.</P>
<P><HI>My Lords and Gentlemen of the Jury.</HI></P>
<P><HI>The High Court of Inju&s;tice</HI> that was erected for the Try|all of the <HI>King</HI> had all the Formalities of a Court to put in Execution that Bloody Act, they had their Pre&s;ident, their Council, their Chaplaine, and their Guards. You have Tryed &s;ome of the Court, one of their Council and their Chaplaine, and this Gentleman that is now Pri&s;o|ner at the Bar commanded that Black and Cruel Guard which attended them; The cour&s;e of the Evidence is this, that during the time of that Bloody Tryal, he com|manded the Souldiers, he kept the Entrance into the Hall, and when <HI>Brad&s;haw</HI> taxed the <HI>King</HI> for trifling away Time and for Delays, &amp; bid him An&s;wer to the Charge Exhibited <HI>by the Commons of England;</HI> A Noble per&s;on in the Gallery there &s;aid it was a Lie, for above half the
<PB N="4" REF="3"><HI>Commons of England</HI> di&s;owned it; the Pri&s;oner at the Bar commanded the Souldiers to Shoot and Kill Her; he did &s;everal times command the Souldiers to cry <HI>Ju&s;tice, Ju&s;tice,</HI> and the la&s;t day or that wicked Tryal called by them the day of <HI>Judgement</HI> to cry Execution, Execution: and when they would not do as he bid them, he was the Man that had the Valour to beat them. Gentlemen, if we can prove any of the&s;e things it is Equal in point of Law as if he had been the very Man that had cut off the <HI>Kings</HI> Head.</P>
<P><HI>The Witne&s;&s;es being called and Sworn, their Evidence was as followeth.</HI></P>
<P>That they &s;aw Coll. <HI>Axtell</HI> commanding the Guards of <HI>We&s;tmin&s;ter-Hall Gate</HI> when the <HI>High Court of Ju&s;tice &s;ate;</HI> That he &s;aw Col. <HI>Axtell</HI> command the Souldiers to Shoot at the LADY that (as he &s;aid) Di&s;turbed the Court by the words afore&s;aid, and being a&s;ked who the Lady was, he an&s;wered that he could not tell, but it was reported to be the Lady <HI>Fairfaix.</HI></P>
<P><HI>Col. Huncks</HI> &s;aid, that hearing of the Warrant that was directed to him &amp; others <HI>from the High Court of Ju&s;tice</HI> to &s;ee the <HI>King</HI> Executed, he came to <HI>Whitehall,</HI> and went to <HI>Cromwells</HI> Chamber where <HI>Ireton</HI> and <HI>Hari&s;on</HI> lay a bed together, <HI>Cromwell</HI> was making him&s;elf ready; where <HI>Col. Huncks</HI> was Ordered to Signe a Sub-Warrant to the Executioner for cutting off the <HI>Kings</HI> Head, which deny|ing <HI>Col. Axtell</HI> &s;tood up and &s;aid, <HI>Col. Huncks</HI> I am a&s;ha|med of you to think that now we are going into a &s;afe Harbour you &s;hould &s;trike Saile before we have ca&s;t Anckor:</P>
<P>Another Witne&s;&s;e &s;aid that <HI>Col. Axtell</HI> was very bu&s;ie and Active in putting forward the Souldiers to cry <HI>Ju|&s;tice,
<PB N="5" REF="3">Ju&s;tice,</HI> the Fir&s;t day of the <HI>Kings</HI> Tryal in <HI>We&s;tmin|&s;ter Hall.</HI></P>
<P>And that the la&s;t day of the <HI>Kings</HI> tryall, he ani|mated them to cry <HI>Execution, Execution</HI> again&s;t the <HI>King:</HI> That he had a Souldier under his command which he brought before Mr: <HI>Cooke</HI> to be a Witne&s;&s;e again&s;t the <HI>King,</HI> and that he &s;ent a File of Mu&s;queteers to finde out the Common-Hangman to execute the King; that he commanded his own Company to draw up in the Banquetting Hou&s;e that morning the King was be|headed; that he did acknowledge to another that he was the Man that managed the Execution of that Affair: &s;everal other things were &s;worn again&s;t him to evidence his forwardne&s;&s;e in that horrid Murther, which made him appear a blacker per&s;on then it was thought he would.</P>
<P>Col. <HI>Axtell</HI> in an&s;wer, de&s;ires to know by what Sta|tute he was tryed; to which he was told by a Statute of the 25. of <HI>Edward</HI> the Third.</P>
<P>Then he pleaded to the following purpo&s;e, he hoped he could not be found guilty of that Statute, for compa&s;|&s;ing, contriving, councelling or imagining the Death of the King, that what he did was as a Souldier, and &s;o mu&s;t obey the Commands of his &s;uperiour Officers; that the Power that did condemn the King were owned both at home and abroad, by Forraign States and Kingdomes; that the Members and Officers of State acted under them, that the Judges &s;ate by their Authority, &amp;c. Therefore I hope that doing things by their Order I am ju&s;tifyed; as al&s;o I hope that what I have done as a Souldier, deriving my power from my General, will not make me guilty of that Fact: I did it not voluntarily but compul&s;ively; and it is my Duty by the Law of
<PB N="6" REF="4">War, to put in Execution the General's Commands: I was no Councellour, no Contriver of that bu&s;ine&s;&s;e, no Parliament Man, do Judge, none that &s;ate, and none that &s;igned; and therefore cannot be &s;aid to be guilty.</P>
<P>Here he began to rip up the bu&s;ine&s;&s;e of the War be|tween the Parliament and the King, and that his Com|mi&s;&s;ion was from his General, grounded upon his, which was from the Lords and Commons.</P>
<P>But being told that this Act was done when they had Rebelled again&s;t that Power which gave them their Commi&s;&s;ions, when they had turned the greate&s;t part of them out of Doors, and would not &s;uffer them; that it was again&s;t the will of the Lords, who mu&s;t be no lon|ger Lords becau&s;e they would not joyne in that Horrid Murther; here the Lord <HI>Aune&s;ley</HI> &s;tood up and brought to the Pri&s;oners Memory the pa&s;&s;ages of that Tran&s;a|ction wherein he was a forward In&s;trument. And told him:</P>
<P>That the King and the two Hou&s;es were upon Tearms of Peace, that the whole Nation thir&s;ted after it, and Tearms of Peace were propounded and agreed upon between them; and then comes up the Army who were the Parliaments Servants till that time, and then offer Accu&s;ations again&s;t the Generallity of the Hou&s;e, calling them Rotten Members, &amp;c: And that he could not but remember how forward he was at the Bar of the Hou&s;e upon that bu&s;ine&s;&s;e; then came in a thing never heard of before, a few Members of about Forty Five who were fit to &s;erve the Armies turn in carrying on this Horrid Murther, and the&s;e and none but the&s;e are allowed to fit, by the Army, the re&s;t being driven away and impri&s;o|ned; then an Act is &s;et on foot for con&s;tituting <HI>A High Court of Ju&s;tice</HI> calling them&s;elves by the name of the
<PB N="7" REF="4">Parliament of <HI>England</HI> whereas almo&s;t all the Cities of <HI>England,</HI> almo&s;t all the Knights of the Shires, and almo&s;t all the chief Burroughes of <HI>England</HI> had none left to re|pre&s;ent them, when this Act was &s;et on Foot, and pa&s;t as an Act of Parliament by a few and the mo&s;t incon&s;ide|rable of the Hou&s;e Commons, which was &s;o farre from being accounted an Authority that they had not the lea&s;t colour for it.</P>
<P>Col. <HI>Axtell</HI> further pleaded the obedience to his Offi|cers by Vertue of his Commi&s;&s;ion and the Rules of War to be enough to plead his Excu&s;e it being grounded up|on a Commi&s;&s;ion given by the Lords and Commons to the General.</P>
<P>To which was an&s;wered that they did not ta&s;ke him for any thing done by the Commi&s;&s;ion of the Lords and Commons, but for the &s;ub&s;equents which were commit|ted after their Illegall Interruption, the King and the Parliament having laid all mi&s;under&s;tandings (before tho&s;e Violent and Wicked proceedings) a &s;leep and &s;o not to be mentioned at that time; If he had been Indi|cted for Levying War again&s;t the King that Plea had been good, but being Indicted for an Actor upon the &s;ad Tragedy of the Kings Death which was done after the afore&s;aid oe&s;&s;ation of the hou&s;e of Lords and Commons, all that he could &s;ay upon that account was not to be taken notice of in the lea&s;t, For the Lord <HI>Fairfax</HI> him|&s;elf at that time had no Authority him&s;elf, for the two Hou&s;es of Parliament gave him his Commi&s;&s;ion.</P>
<P>Then it was a&s;ked whether it was mentioned in his Commi&s;&s;ion that he &s;hould cry <HI>Ju&s;tice, Ju&s;tice,</HI> and whe|ther if his Superiour Officers had commanded him Trea&s;on that could ju&s;tifie him? the Guilt being the
<PB N="8" REF="5">greater for his obeying Man before God; there being a double obedience Active and Pa&s;&s;ive, and <HI>Col. Huncks</HI> for denying to Sign the Warrant for that wicked Act, &s;uffered no inconveniency at all; in a word there was no other Authority but your own Law and Wills, and although both Hou&s;es had given you Commi&s;&s;ion to do that horrid Act, it could not ju&s;tifie you.</P>
<P>Then Collonel <HI>Axtell</HI> pleaded the King's Declaration; in which he &s;aid was expre&s;t, that the Parliament that were to except, was to be a Free Parliament, and &s;uch a one as was to be called by his own Writ.</P>
<P>To which was an&s;wered, that the King owned this as his Parliament, that in his Declaration from <HI>Bredah,</HI> he &s;aid he would leave it to the Parliament, which could be under&s;tood of no other but this Parliament; as being tho&s;e that he did intru&s;t with the vindication of his Fathers Death, and directing his Letter in the&s;e words, <HI>To the Speaker of the Hou&s;e of Commons A&s;&s;embled in Parliament.</HI></P>
<P>After &s;everal other things, which he endeavoured to u&s;e for his vindication, which were ea&s;ily an&s;wered, The Court asked if he had any thing more to &s;ay, to which he replyed no: Whereupon the JURY without going forth immediately found him Guilty of the afore&s;aid TREASON of con&s;piring and compa&s;&s;ing the DEATH of our &s;aid late SOVE|RAIGN:</P>
<P>Col. <HI>Axtell</HI> being taken from the Bar, the Court called for Collonel <HI>Hacker,</HI> who&s;e Indictment being read in the Form afore&s;aid; The Kings Council &s;tood up and char|ged him likewi&s;e of High Trea&s;on to the following effect.</P>
<P><PB N="9" REF="5"><HI>My Lords and Gentlemen of the Jury:</HI></P>
<P><HI>Francis Hacker</HI> the pri&s;oner at the Bar &s;tands indicted for contriving, councelling, and compa&s;&s;ing the Death of his late Maje&s;ty of ever ble&s;&s;ed Memory, the othe<GAP DESC="illegible" EXTENT="1 letter"> things mentioned in the Indictment, as a&s;&s;embling, mee+ting, and propounding to Murther and De&s;troy him are laid but as Evidences to &s;hew his trayterous imagina|tion thereof; he was one that was upon the Guard to the intent the King might be brought to that Mock|court of Inju&s;tice. He was &s;o highly intru&s;ted by tho&s;e Mi&s;creants as to have a Warrant directed to him to take into his cu&s;tody the Kings per&s;on, and to &s;ee Exe|cution done. Accordingly he took the per&s;on of the King from col. <HI>Thomlin&s;on,</HI> and was the Man in pur&s;uance of the afore&s;aid Warrant that brought him to the fatall AXE; he gave a Warrant to that bloudy Fellow that did the Act: he did it not ignorantly; for he knew the contents of that horrible Warrant; he was on the Scaf|fold at the time of the Execution; he had the Axe in his hand, and was the per&s;on that managed the whole bu&s;ine&s;s of the Kings Murther:</P>
<P>Witne&s;&s;e being produced, it was &s;worn, that he con|fe&s;t he &s;igned a Warrant for the King Execution.</P>
<P>That he did demand the per&s;on of the King from col. <HI>Thomlin&s;on</HI> by Vertue of a Warrant directed to him from the High-court of Ju&s;tice.</P>
<P>That <HI>Cromwell</HI> (when he &s;aw <HI>Huncks</HI> refu&s;ed to &s;igne a Warrant to the Executioner) writ &s;omething with his own hand, which was thought to be the Kings Exe|cution, which <HI>Hacker</HI> &s;igned, and that the King came upon the Scaffold immediately after; and that collonel <HI>Hacker</HI> was upon the Scaffold.</P>
<P>col. <HI>Hacker</HI> &s;aid he did believe he did &s;igne &s;uch a
<PB N="10" REF="6">Warrant; and being asked to whom he directed it, he an&s;wered he could not tell!</P>
<P>So the Jury without going forth immediately found him <GAP DESC="illegible" EXTENT="1 span"> Guilty <GAP DESC="illegible" EXTENT="1 span"></P>
<P>He being taken from the Bar, at las&s;t Capt. <HI>Hewlet</HI> was brought before the Court and after his Ind<GAP DESC="illegible" EXTENT="1 letter">ctment read, was charged by the Kings Council, <HI>viz.</HI></P>
<P><HI>My Lords,</HI> &amp;c.</P>
<P>You have heard &s;everal of the King's Judges Indicted, their Councel, their Chaplain and their Guard, who have been found Guilty by you. This pri&s;oner at the Bar in the la&s;t place, ws one of tho&s;e that came upon the Scaffold, at the time of the Kings Murther, with a Vizarrd upon his Face, and a Frock upon his Body, to doe that bloudy and unparalleld Act, and that he was the Man that gave the Fatal blow; We have Witne&s;&s;e my Lord; to prove that he was there. Secondly, That he was &s;o by his own confe&s;&s;ion; I doubt not likewi&s;e Gentlemen, but to prove that he had One hundred pound given, and was promi&s;ed preferment likewi&s;e in <HI>Ireland</HI> for this horrid Murther. Gentlement, he is Indicted for imagining the King Death; and if we can but prove any of tho&s;e Circumstances, you are to find him Guilty, if we prove he came Di&s;gui&s;ed upon the Scaffold, it is enough <GAP DESC="illegible" EXTENT="1 span"> or if <GAP DESC="illegible" EXTENT="1 span">prove any thing out of his own mouth, it will be a further Tre|<GAP DESC="illegible" EXTENT="1 span">y, and we dovbt not but to pluck off his Vizard before we <GAP DESC="illegible" EXTENT="1 span">ne.</P>
<P>The &s;ub&s;tance of the Witne&s;&s;es was to the following effect, <GAP DESC="illegible" EXTENT="1 span">at he &s;aid he was to have one hundred pound, and prefer|<GAP DESC="illegible" EXTENT="1 span"> in <HI>Ireland</HI> to cut off the Kings Head, That a Serjeant in the <GAP DESC="illegible" EXTENT="1 span">e Company with him heard his voice upon the Scaffold and <GAP DESC="illegible" EXTENT="1 span">w his Breeches under his Frock, and that he had the Gray|perriwig and Vizard, with a Gray-Beard, and that he was cal|<GAP DESC="illegible" EXTENT="1 letter">ed Grand&s;ire Gray-beard all over the Regiment, after that day; That he was &s;een the day before and the day after upon the Guards, but was not to be heard of that day.</P>
<P>Being asked where he was that day the King was Murthered, He an&s;wered that Col. <HI>Hew&s;on</HI> clapt him up into pri&s;on, becau&s;e he would not go upon the Scaffold, and Nine more with him.</P>
<P><PB N="11" REF="6">The Souldiers being askt whether any were impri&s;oned or not, an&s;wered that they were all askt but all denied, and no man was impri&s;oned, and that <HI>Hewlet</HI> was gone of &s;uddain and no man &s;aw him till ten of the clock that Evening.</P>
<P>Col. <HI>Thomlin&s;on</HI> was called as a VVitne&s;&s;e, and being askt who it was that did the Murther of the two in the Frocks on the Scaffold, &s;aid that the man in the Grey Perriwig and Grey Beard with the Vizard did it, and that it was a man much about <HI>Hew|let</HI>'s &s;tature, and that he could not po&s;&s;itively &s;ay it, but had often heard that <HI>Hewlet</HI> was the Man.</P>
<P>Capt. <HI>Towgood</HI> is called to &s;peak his knowledge in the bu&s;ine&s;s who fir&s;t de&s;ired he might give an account what other men had &s;aid in the bu&s;ine&s;&s;e, and then he would tell the Court what <HI>Hew|let</HI> had &s;aid him&s;elf.</P>
<P>Capt. <HI>Towgood</HI> &s;aid that one day talking with Col. <HI>Hew&s;on</HI> in <HI>Dublin, Hewlet</HI> came to them and after he was gone, <HI>Towgood</HI> asked <HI>Hew&s;on</HI> what that fellow was (meaning <HI>Hewlet</HI>) to which Col. <HI>Hew&s;on</HI> an&s;wered, I'le promi&s;e you he is a very metled fel|low, for 'twas he that did the Kings bu&s;ine&s;&s;e for him upon the Scaffold. That at another time, <HI>Towgood</HI> and <HI>Hewlet</HI> being in company together Capt. <HI>Towgood</HI> askt him whether he was the man that cut off the Kings Head, that <HI>Hewlet</HI> an&s;wered him, with a Que&s;tion &s;aying who told you &s;o? <HI>Towgood</HI> an&s;wered Col. <HI>Hew&s;on,</HI> &amp;c. To which <HI>Hewlet</HI> an&s;wered again, what I have done I am not a&s;hamed of, and if it were to doe again I would doe it, And further Capt. <HI>Towgood</HI> &s;aid he had often heard him called Grand&s;ire Grey Beard in <HI>Ireland,</HI> and that he u&s;ed to call him &s;o him&s;elf.</P>
<P>Another VVitne&s;&s;e &s;aid, that being in company with <HI>Hewlet</HI> in <HI>Dublin,</HI> Drinking together he &s;eriou&s;ly di&s;cour&s;t with him to the following effect; &s;aying, that he had oftentimes heard that he was the man that cut off the Kings head, and de&s;ired he would re|&s;olve him whether it was true or no; To which <HI>Hewlet</HI> an&s;we|red how &s;hould you know that, I never told any man living yet, the witne&s;&s;e pre&s;&s;ing of him further &s;aid I have heard you did not only cut off the Head, but took it in your hands and holding it to the people &s;aid it was the Head of a Traytor, to which <HI>Hewlet</HI>
<PB N="12" REF="7">&s;aid again, <HI>Viz.</HI> whoever &s;aid it then, I &s;ay it now, it was the head of a Traytor.</P>
<P>By another witne&s;&s;e it was proved that he &s;aid that he did cut off the Kings Head, and that he had a hundred pound for his days work.</P>
<P>Another witne&s;&s;e &s;aid, that we was a &s;pectator neer the Sca|ffold that day, and that the man in the Grey Perriwig and the Vizard with a Grey Beard was the man that &s;truck the Fatal blow. <HI>Hewlet</HI> de&s;ired the Gentleman might be asked where he &s;tood that he could &s;ee it &s;o plain, to which he an&s;wered that be &s;tood in a place need <HI>Whitehall</HI> where <HI>Hewlet</HI> might ea&s;ily have &s;een him if he had lookt that way.</P>
<P>Several other witne&s;&s;es were Examined to the &s;ame purpo&s;e concerning his own confe&s;&s;ion of doing that wicked Act.</P>
<P>Other witne&s;&s;es were Examined, and particularly one who met the Common Hang-man that day of the Kings Murther, about Five in the Afternoon, and talking with him about the bu&s;ine&s;&s;e the Hang man held up his hands and &s;aid, he thanked God he had e&s;caped a mo&s;t Horrid Act for it was intended that he &s;hould have cut off the Kings Head, but he did it not, nor would not have done it for a thou&s;and pound.</P>
<P><HI>Hewlet</HI> denyed all confidently and de&s;ired time to prove the contrary, but the Court being &s;atisfied with the witne&s;&s;e, after &s;ame con&s;ultation among them&s;elves it was re&s;olved to leave it to the Jury to proceed according to Evidence, which the Jury made no longer bu&s;ine&s;&s;e of, but brought him <HI>Guilty.</HI></P>
<TRAILER>FINIS.</TRAILER>
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