Chapter 11

Mr. Ireton being civil in carriage, would usually entertain discourses with Mr. Peters, likewise would favor me sometimes with discourse; and in that discourse I did many times take occasion to assert the laws in point of the king; and discoursing about the king as being a capital instrument in the late inconveniences, as they called it, in the times of the war, Mr. Ireton would discourse this ordinarily; I was bold to tell them that the person of the king was _solutus legibus_; this gentleman the prisoner at the bar, told me it was an unequal law. I did observe Mr. Peters did bend his discourse, not by way of argument only, but in point of resolution of judgment, fully against the person and government of the king. I remember some of his expressions were these, That he was a tyrant, that he was a fool, that he was not fit to be a king, or bear that office; I have heard him say, that for the office itself (in those very words which shortly after came into print) that it was a dangerous, chargeable, and useless office. My lords, the constant discourse of this gentleman at that time was such as he did believe would never be called into question, so it was not a thing that a man was necessitated to observe by an accident, but it was their whole discourse. I will put you in mind of a particular passage. When the news came to Windsor that the king was in prison at the Isle of Wight, my father (whose house that was) was very much troubled at it; and being an ancient man, was not able to control his passions with reason, told my mother that they (meaning Mr. Ireton, etc.) should have no entertainment there, and took the key of the cellar and put it in his pocket; his passions being lessened, Mr. Ireton, his wife, and another officer being at supper, and afterwards my father said grace, and, as he usually did, though they were there, he said that usual and honest expression, praying for the king in these usual words, 'God save the king, prince, and realm'; sometimes they did laugh at it, but never did reflect upon him; but this night he made this expression, 'God save the king's most excellent majesty, and preserve him out of the hands of all his enemies.' Peters, who was then at the table, turns about to him, and said, 'Old gentleman, your idol will not stand long'; I do conceive he meant it of the king. For a matter of two months of the constant residence and being of the army there, I did observe that in the General Council there, and in this private cabal (after the business was broke out, and when the king was taken prisoner, and carried to Windsor), Mr. Peters was the constant man; and when the business broke out, I looked upon it in reason that Cromwell, Ireton, and this gentleman at the bar, and Rich, and that other gentleman, whose name I have forgot, that they were the persons that did the business. My lords, Mr. Peters he continued at Windsor: I remember very well that after the body of the army, the general, and the officers of the army, were gone to London, he continued at Windsor: I remember a passage of one Bacon, who was a sectary; Mr. Peters being in discourse of the king, Mr. Bacon took great distaste at Mr. Peters for some affront put upon the King; Mr. Peters falls upon him, and rails at him, and was ready to beat him; we understood it so, because he did tell him of his affronting the King.

COUNSEL--Mr. Peters, if you have any thing to ask this witness, you may.

PETERS--I have many things to ask him. Did I ever lie there?

STARKEY--No.

PETERS--Did you see me there at three o'clock in the morning?

STARKEY--I have seen you go up at ten o'clock at night to Mr. Ireton's chamber, and sometimes I understood you did not go away till four o'clock in the morning: I went to bed it is true, but I understood it so.

_Thomas Walkely_ saw Cromwell, Goodwin, Peters, and others in the Painted Chamber at Westminster on the day after the proclamation for the trial of the King was made. Goodwin sat in the middle of the table and made a long speech or prayer, and then it was ordered that strangers should leave the room, and Walkely went out, and afterwards saw Peters leave the room with the others. When the King was brought to London as a prisoner, Walkely 'saw his majesty in his coach with six horses and Peters, like a bishop almoner, riding before the king triumphing.'

_Proctor_ also saw the King driving into London with the prisoner riding before him, the King sitting alone in his coach. 'My Lord, I did put off my hat, and he was graciously pleased to put off his hat; the troopers seeing this, they threw me into the ditch, horse and all, where I stayed till they pass by, and was glad I escaped so.'

_Hardwick_ heard the proclamation for the High Court of Justice made in Westminster Hall, and afterwards Peters came into Palace Yard and told the officers there that the proclamation must also be made in Cheapside and at the Old Exchange.

_Holland Simpson_ saw the sitting of the High Court; he saw Peters there, but not as a judge.

There was one day in the hall colonel Stubbards, who was adjutant-general (he was a very busy man) and colonel Axtel; Mr. Peters going down the stairs, comes to him, and bids Stubbards to command the soldiers to cry out 'justice, justice, against the traitor at the bar.'

COUNSEL--Who did he mean?

SIMPSON--The King was at the bar at the same time; whereupon, my lord, the soldiers did cry out upon the same; and as the King was taken away to sir Robert Cotton's some of them spit in the King's face, but he took his handkerchief, wiped it off, and smiled.

_Thomas Richardson_ and _Sir Jeremy Whichcot_ spoke to casual expressions of Peters which showed approval of the King's trial and deposition.

_Richard Nunnelly, sworn._

COUNSEL--Was Peters upon the Scaffold at the time of execution or before?

NUNNELLY--On that unhappy day, 30th of Jan. 1649, this Hugh Peters came an hour before the king came to Whitehall; I came with a warrant of a L40 or L50,000 to Oliver Cromwell, being door-keeper to the Committee of the Army; Nunnelly, says Oliver Cromwell, will you go to Whitehall? Surely you will see the beheading of the king; and he let me into Whitehall; coming into the boarded gallery I met Hugh Peters, and he was in the gallery; and then I got with Hugh Peters into the Banqueting-House; being there, Hugh Peters met one Tench of Hounsditch, that was a joiner meeting him; he speaks to him, and whispers in his ear, and told him somewhat, I do not know what it was; but Tench presently went and knocked four staples upon the scaffold; I meeting Tench again, What art thou doing? said I. What, will you turn hangman? Says he, This day will be a happy day. Said I, Pray God send it be not a bloody day; upon that Hugh Peters went upon the scaffold just an hour before the king came, and then he went off again. I watched at the window when the king's head was cut off, and afterwards I saw the vizards going into a chamber there; about an hour afterwards (I staying there at the door) there comes Hugh Peters in his black cloak and broad hat out of that chamber (as I take it) with the hangman; I am sure I did see him go along with the hangman to take water; this is all I can remember, it being many years since.

PETERS--I humbly beg I may be heard in this case; I have here a witness, and I desire he may be examined; it is noised I was upon the scaffold, I here call God to witness I was not out of my chamber that day; I was sick that day; I speak in the presence of the Lord.

COURT--If your witness will stay he shall be heard; there are more witnesses to the same thing, and so he may speak to all together.

_Dr. Mortimer, sworn._

MORTIMER--Me lar, me ha serd de king, etc.

COURT--We cannot understand a word.

COUNSEL--He is a Frenchman, my lord.

COURT--Pray let there be an interpreter.

[One Mr. Young was sworn to interpret truly his evidence. But it being afterwards found difficult and troublesome, the Counsel waved his evidence, and prayed another witness might be called.]

MORTIMER--Me Lar, me can peak Englis----

COUNSEL--No, no, pray sit down, we will examine other witnesses. Call Stephen Clough.

_Stephen Clough_ heard there was to be a meeting of the Council of officers at Westminster, about three weeks or a month before the King's execution,

and I being willing (my Lord) to hear what their consultations were, I went thither, and was there as one of them (but I was not one); amongst the rest Hugh Peters was one; when the room was pretty full the door was shut. Mr. Peters was desired to call for a blessing upon their business; in his prayer he uttered these words, 'O Lord (said he) what a mercy it is to see this great city fall down before us! And what a stir there is to bring this great man to trial, without whose blood he will turn us all into blood if he reign again!'

_Beaver_, upon the day appointed for a fast for those that sat then as a parliament,

went to Westminster to find out some company to dine with me, and having walked about an hour in Westminster Hall, and finding none of my friends to dine with me, I went to that place called Heaven, and dined there.

After he had dined he went through St. Margaret's churchyard, and finding it all full of muskets and pikes, asked some soldiers what was their business there. They told him that Peters was preaching in the church, and 'I must needs have the curiosity to hear that man, having heard many stories of the manner of his preaching (God knows I did not do it out of any manner of devotion); I crowded near the pulpit, and came near to the speaker's pew.' He heard Peters preaching on the text about the Jews releasing Barabbas and crucifying Christ; interpreting Barabbas to mean the King, and Christ the Army.

Says he, and because that you should think, my lords and gentlemen, that it is a question, I tell you it is a question; I have been in the city which may very well be compared to Hierusalem in this conjuncture of time, and I profess these foolish citizens for a little trading and profit, they will have Christ (pointing to the redcoats on the pulpit stairs) crucified, and the great Barabbas at Westminster released.

He told the members that they were the Sanhedrim, and that it was they to whom the people looked for justice--

Do not prefer the great Barabbas, Murderer, Tyrant, and Traitor, before these poor hearts (pointing to the redcoats) and the army who are our saviours.

It was proved by the journal of the House of Commons that a fast had been ordered for the 20th of December 1648.

_Chace_ had heard Peters preaching on the 21st of January; his text was, 'Bind your kings with chains, and your nobles with fetters of iron.' He maintained that the King was not above the law. It was said they had no power to behead the King; 'Turn to your bibles,' he answered, 'and you shall find it there, Whosoever sheds man's blood, by man shall his blood be shed; and I see neither King Charles, Prince Charles, nor prince Rupert, nor prince Maurice, nor any of that rabble excepted out of it.'

PETERS--Ask him if he took notes.

CHACE--No sir, but it being so memorable a sermon I took special notice of it; I came to my brother's house in Shoe lane, and told him; said I, Brother, I have been at Whitehall and have heard the most execrable business that ever was in the world by a minister of the Gospel, and told him the words, and I observed that Oliver Cromwell did laugh at that time when you were preaching.

_Tongue_, _Bowdler_, _Rider_, and _Walker_ all gave similar evidence as to Peters' preaching.

_Cornelius Glover_ was called by Peters, but was not sworn. He was Peters' servant at the time of the King's execution; on the morning of that day Peters was ill in his chamber.

I had a desire to go to see the meeting where they were at Whitehall; saith he, 'Thou seemest to have a great desire to go and look about thee, it is very sad, but if you will go you may.' I did go over the park.

He went about noon, the soldiers and people filled the place, and he went back in a quarter of an hour's time. When he got back, Peters was still in his chamber. He was melancholy sick, as he used to be.

LORD CHIEF-BARON--Did you desire to go, or did he send you?

GLOVER--I did desire to go, being newly come to London.

_Peters_ was then called on to make his defence. He began by pointing out that he had nothing to do with the beginning of the war.

I lived fourteen years out of England, when I came over I found the wars begun; I began no war, my lord, nor have been the trumpeter; when I came out of the West Indies I fled from the war into Ireland, to the western parts there. I was neither at Edge-Hill nor Naseby; but my lord, after I came over there was war that the people were engaged in; I was not here in the beginning of it, but was a stranger to the carriage of it. When I came into the nation I looked after three things; One was that there might be sound Religion; the second was that Learning and Laws might be maintained; the third that the poor might be cared for; and I must confess I have spent most of my time in these things to this end and purpose.

He explains how he acted for these ends in Ireland, and how, being sent over to England, 'that we might have a little help in point of Excise and Customs,' he saw the state of the country, and

in some measure I did stir, but by strong importunities, the ministers of London deeper than I; I am very sorry to hear of my carriage towards the King; it is my great trouble; I beg pardon for my own folly and weakness; I thought God had a great controversy with the nation, and the Lord was displeased on all hands; that which some people took to, I did take unto; I went into the army; I saw at the beginning of it that corruptions grew among them.... I had neither malice nor mischief in my heart against the King; upon this I did engage so far, being invited; I went into the wars, and there I found very strange and several kinds of providences, as this day hath been seen; I do not deny but that I was active, but not to stir in a way that was not honourable. I had so much respect for his majesty, particularly at Windsor, that I propounded to his majesty my thoughts, three ways to preserve himself from danger, which were good as he was pleased to think though they did not succeed, and the work died; as for malice I had none in me; I have not persecuted with malice, I will only take off malice.

The _Lord Chief-Baron_ reminded him that the business was a matter of fact, and shortly recapitulated the evidence against him. Consulting about the King's death; proposing or determining that he should die; making seditious speeches, in the pulpit or out of it, would all be overt acts proving treasonable intention. His conversations with Dr. Young at Milford, his meetings with Cromwell and others at the Star, his participation in the councils held at Starkey's house at Windsor, all proved the consulting and proposing. His presence at the meeting in the Painted Chamber; his riding in front of the King when he was brought to London (which Peters interrupted to explain that he did by the King's command that he might procure the Bishop of London to come to him); the part he took in ordering the reading the proclamation about the High Court, which Peters denied; his telling the soldiers to cry out Justice, Justice; his presence at the scaffold before the execution [_Peters_--'I do not profess to your lordship, before angels and men, that I did not stir out of my chamber that day.' _Lord Chief-Baron_--'Counsel doth not put reliance upon that because of what your witness saith, though his evidence is not satisfactory']; his prayers and his sermons all go to complete the case. When Peters objects that some of the witnesses to the sermons are but single witnesses, the judge expressly lays it down that the two witnesses required need not both speak to the same overt act.

The Solicitor then notices the main facts of the case in a still more abbreviated form, concluding:

The honour of the pulpit is to be vindicated; and the death of this man will preach much better than his life did; it may be a means to convert many a miserable person, whom the preaching of this person hath seduced; for many come here and say they did it 'in the fear of the Lord'; and now you see who taught them; and I hope you will make an example of this carnal prophet.

The jury after a little consultation found the prisoner Guilty; and he was forthwith sentenced to death in the usual terms.

WILLIAM HULET

William Hulet was arraigned on the 15th of October, and tried on the same day. He challenged no jurors, and refused pen and ink because he could not write; but as he had not well understood the indictment he desired it to be read over again, which was done.

Sir Edward Turner opened the case, alleging that Hulet was on the scaffold, in disguise, on the occasion of the execution, and suggesting that it was he who actually beheaded the King; a fact which he proposed to prove chiefly by Hulet's own admissions.

_Gittens_ was the first witness. He stated that he and Hulet were both serjeants in the same regiment at the time of the execution. A day or two before the King came to the scaffold about thirty-eight of them were sworn to secrecy by Colonel Hewson, and they were all asked whether they would behead the King for a hundred pounds, and a promise of preferment in the army. They all refused. At the time of the execution it seems that part of the regiment was on guard in Scotland Yard, and part in the Banqueting Chamber and on the scaffold. The witness was with the former part, but managed to get near the scaffold before the execution actually happened. 'Hulet (as far as I can guess), when the King came on the scaffold for his execution, and said, Executioner, is the block fast? fell on his knees.'

COUNSEL--Who did?

GITTENS--Hulet, to ask him forgiveness; by his speech I thought it was he. Captain Atkins said, who would not undertake to do this fact? I told him I would not do it for all the city of London; no, nor I neither for all the world, saith Atkins; you shall see Hulet quickly come to preferment; and presently after he was made captain-lieutenant.

COUNSEL--Was he with his regiment that day?

GITTENS--We could not see him with the regiment all that day; he was never absent at any time before.

COUNSEL--Did you know his voice?

GITTENS--Yes, sir. He had a pair of freeze trunk breeches, and a vizor, with a grey beard; and after that time col. Hewson called him 'father grey beard' and most of the army besides, he cannot deny it.

In cross-examination Gittens repeated that he knew Hulet by his voice, and that he was by Captain Webb at the door of the Banqueting House.

_Stammers_ was afterwards in Hewson's troop when Hulet was captain-lieutenant, and marched at his orders to Luttrels-town; there Hulet questioned him as to his previous service, and asked whether he had ever served in the King's army: 'with that he walks about the room two or three turns; saith he, I was the man that beheaded King Charles, and for doing it I had an hundred pounds, saying I was a serjeant at that time.'

Cross-examined, he said that he had been in the troop about a fortnight; and that when he first saw Hulet he pretended that he was brother to one Chambers. Hulet said that his evidence did not agree with that which he had given in his examination at Dublin, and desired that the latter might be read; which was done, and it agreed with the testimony he had just given.

_Toogood_ was in Dublin in 1650, about September; he had some business with Hewson, where he saw Hulet, and observed that he was very familiar.

I asked Hewson what he was, he told me he was his captain-lieutenant of horse; I desired to know where he had him? he told me he made him so from a serjeant, and a very mettled fellow he was; it was he that did the King's business for him upon the scaffold. In 1653 there was a disbanding of the army in Ireland; this gentleman was then continued captain-lieutenant in Pretty's regiment; I discoursed with Pretty concerning him, and one part of it, I remember, was about the King's death; and he did tell me that he was assured by col. Hewson that Hulet either cut off the King's head, or held it up, and said, 'Behold the head of a traitor.' Col. Pretty could not tell me which of the two it was; but I saw the person that did it, and methought he did resemble this person.

Twelve months afterwards he came to live near the prisoner in Ireland, and meeting him at the White Horse in Carlow, asked whether he was the man that cut off the King's head or not.

Saith he, Why do you ask me this question? I told him I had heard so by several, namely by Hewson and Pretty; upon that he said, 'Well, what I did, I will not be ashamed of; if it were to do again I would do it.' Once since that time, about half a year afterwards, I was in the same place, and there talking about the King's death, he was telling me it was true, he was one of the two persons that were disguised upon the scaffold. I desired to know what if the King had refused to submit to the block? saith he, there were staples placed about the scaffold, and I had that about me that would have compelled him, or words to that effect; other times I have heard him speak something to this ... I have observed in Ireland, that it hath been generally reported that he was either the man that cut off the King's head or he that held it up, as I said before, and I have heard them sometimes call him Grandsire Greybeard.

_Walter Davis_ had two years before been drinking with Hulet in Dublin, and

said I to Hulet, I pray resolve me this one question; it is reported that you took up the King's head, and said, Behold the head of a traitor; Sir, said he, it is a question I never yet resolved any man, though often demanded; yet, saith he, whosoever said it, it matters not, I say it now; it was the head of a traitor.

_Lieut.-Colonel Nelson_ had asked Colonel Axtell (who had just been tried and condemned) who were the two disguised persons on the scaffold.

He told me I knew the persons as well as himself; saith he, they have been on service with you many a time; pray, sir, said I, let me know their names? Truly, said he, we would not employ persons of low spirits that we did not know, and therefore we pitched upon two stout fellows. Who were those? said I. It was Walker and Hulet, they were both serjeants in Kent when you were there, and stout men. Who gave the blow? said I. Saith he, poor Walker, and Hulet took up the head; Pray, said I, what reward had they? I am not certain whether they had thirty pounds apiece or thirty pounds between them.

_Col. Thompson_ and _Benjamin Francis_ both saw the execution, and said that it was a man disguised in a light wig that cut off the King's head.