Volume I Part 11 (1/2)
COURT--Sir, you must understand this by the way, this you must take along with you, that these are read not as anything of authority in themselves, or as used to any other purpose, but as evidence of the fact against you; take that along with you.
This concluded the evidence; and Windham summed up the case very shortly, concluding, 'I think a clearer evidence of a fact can never be given than is for these things,' [Here the spectators hummed.]
LORD CHIEF-BARON--Gentlemen, this humming is not at all becoming the gravity of this Court. Let there be free speaking by the prisoner and the Court Counsel. It is more fitting for a stage-play than for a Court of Justice.
HARRISON--It is now time, my Lords, to offer what I have to say.
Have these learned gentlemen offered what they have to say?
COUNSEL--We have no more till he hath given us occasion, not for evidence of the fact.
HARRISON--My lords, the matter that hath been offered to you, as it was touched, was not a thing done in a corner. I believe the sound of it hath been in most nations. I believe the hearts of some have felt the terrors of that presence of G.o.d that was with his servants in those days (however it seemeth good to him to suffer this turn to come on us) and are witnesses that the things were not done in a corner. I have desired, as in the sight of him that searcheth all hearts, whilst this hath been done, to wait, and receive from him convictions upon my own conscience, though I have sought it with tears many a time, and prayers over and over, to that G.o.d to whom you and all nations are less than a drop of water in the bucket; and to this moment I have received rather a.s.surance of it, and that the things that have been done as astonis.h.i.+ng on the one hand, I do believe ere it be long it will be made known from Heaven, there was more from G.o.d than men are aware of. I do profess that I would not offer of myself the least injury to the poorest man or woman that goes upon the earth. That I have humbly to offer is this, to your Lords.h.i.+ps; you know what a contest hath been in these nations for many years. Divers of those that sit upon the bench were formerly as active----[38]
COURT--Pray, Mr. Harrison, do not thus reflect on the Court.
This is not the business.
HARRISON--I followed not my own judgment; I did what I did, as out of conscience to the Lord; for when I found those that were as the apple of mine eye to turn aside, I did loath them, and suffered imprisonment many years. Rather than to turn as many did, that did put their hands to this plough, I chose rather to be separated from wife and family than to have compliance with them, though it was said, 'Sit thou at my right hand,' and such kind expressions. Thus I have given a little poor testimony that I have not been doing things in a corner, or from myself. May be I might be a little mistaken; but I did it all according to the best of my understanding, desiring to make the revealed will of G.o.d in his Holy Scriptures as a guide to me. I humbly conceive that what was done, was done in the name of the Parliament of England, that what was done, was done by their power and authority; and I do humbly conceive it is my duty to offer unto you in the beginning that this Court, or any Court below the High Court of Parliament, hath no jurisdiction of their actions.
Here are many learned in the law, and to shorten the work, I desire I may have the help of counsel learned in the laws, that may in this matter give me a little a.s.sistance to offer those grounds that the law of the land doth offer. I say, what was done, was done by the authority of the Parliament, which was then the Supreme Authority, and that those that have acted under them are not to be questioned by any power less than them. And for that I conceive there is much out of the laws to be shewed to you and many Precedents also in the case. Much is to be offered to you in that; according to the laws of the nations, that was a due Parliament. Those Commissions were issued forth, and what was done was done by their power; and whereas it hath been said we did a.s.sume and usurp an authority, I say this was done rather in the fear of the Lord.
COURT--Away with him. Know where you are, Sir; you are in the a.s.sembly of Christians; will you make G.o.d the author of your treasons and murders? Take heed where you are. Christians must not hear this. We will allow you to say for your own defence what you can; and we have with a great deal of patience suffered you to sally out, wherein you have not gone about so much for extenuation of your crimes, as to justify them, to fall upon others, and to blaspheme G.o.d, and commit a new Treason: For your having of counsel, this is the reason for allowing of counsel: When a man would plead any thing, because he would plead it in formality, counsel is allowed. But you must first say in what the matter shall be, and then you shall have the Court's answer.
LORD FINCH--Though my lords here have been pleased to give you a great lat.i.tute, this must not be suffered, that you should run into these d.a.m.nable excursions, to make G.o.d the author of this d.a.m.nable Treason committed.
_Harrison_ repeats his two points; that what was done was done by a 'Parliament of England, by the Commons of England a.s.sembled in Parliament'; and was therefore not to be questioned by the present Court; and that what any did in obedience to a power which they could not disobey, they ought not to be punished for. Upon these two points he asked to be allowed the a.s.sistance of counsel. To this the Lord Chief-Baron replies that the body Harrison refers to was not a Parliament, that Harrison had made himself 'a solicitor in the business,' when he said, 'Come let us blacken him as much as we can'; and that 'neither both Houses of Parliament, if they had been there, not any single person, community, not the people collectively, or representatively, had any colour to have any coercive power over their King.' Annesley--who had, as he says, been one of the 'corrupt majority,' put out of the house at the time of Pride's Purge--and Hollis repeat the same thing. An argument then ensues between Harrison and the other members of the Court on the authority of Parliaments generally; at last--
HARRISON--I would not willingly speak to offend any man, but I know G.o.d is no respecter of persons. His setting up his standard against the people----
COURT--Truly, Mr. Harrison, this must not be suffered; this doth not at all belong to you.
HARRISON--Under favour, this doth belong to me. I would have abhorred to have brought him to account, had not the blood of Englishmen that had been shed----
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 G.o.d, shall be just; for which we shall answer before the Tribunal of G.o.d. 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 Lords.h.i.+p 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 pa.s.sed in the ordinary terms.
HUGH PETERS[39]
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?