This day the Commissioners for try all of D. Hambleton, E. of Holland, L. Goring, E. card,
and Sir John Owen, fate, the President being in Scarlet, before whom was present at once, all
the Prisoners, silence being made, D. Hambleton was first asked what he had farther to say, why
sentence should not be pronounced against him, to which he said in brief, what himself and
Counsell had formerly at large insisted upon, viz. his authority from the Parl. of Scotland, a
distinct Kingdom, his non naturallization, and his articles of War, which he hoped were of
that weighty Consideration as to keep off Sentence. The L. of Holland, and L. Goring extenuated
what they could their offences, as being rash, not much but tsull, and the like. The L. Capt
also briefly repeated, with a Roman courage, full of reason, what he had formerly said, to which
he added de novo, a discourse upon a former Ordinance of this Parl. concerning Quarter to be
given to Irish Rebels, which faith, that Quarter should not be given by any under their command
to them for life, from which exceptio he concluded in reason, the quarter given to others
not Irish, was to be kept inviolably. Sir Jo. Owen pleaded quarter also, but said little farther.
To all which, yet distinctly, the L. President, as to Articles of War, answered thus: It was
true, if there had been a War Proclaim'd, and prosecuted between a forreign Nation and enemy,
and this Kingdom, the Law of Nations, (which out Law is consonant to) the several Articles
by the C[nl]Omissioners of both parts should have bin kept inviolable, but the Prisoners being
not enemies (which distinction is of necessity in this businesse) and not raised a new, but in our
Law books every where to be found, and therefore when the ordinary course of Justice was obstructed
by the late Kings prevailing party, so that neither Constables, Sheriffes, or other
Civill Officers could lay hold upon Delinquents (in which number you are) to bring them
to punishment, the Parl. was forc't to raise an Army, Commissionating their Generals to being
such to condigne punishment, this being the end and substance of the Commission; it was
not in their power, to who were but the Sword of Justice in the Parl. hands, and therefore never
intended that their Acts should limit that power that gave bounds to theirs: so that there
seems a necessity of a ratification of Articles from Parl. if autbentick. As for the naturalization
of the Duke the Court was satisfied he was so: As for my Lord capels plea for Magna charla,
or tryall by Peers, its true, it was the ordinary way, but upon just occasions, as Presidents doe
inform, this way hath been waved, and farther those words, DR The Law of
The Lard, is thus generally construed, that without Peers, meerly by witnesses,
severall Courts in this Kingdom give sentence, viz. the Chancery, Admiralty, Marshall, &c.
Much more was said, the President speaking many houres: At last, sentence was given against
them all, which was, That their heads be severed from their bodies, but yet, with relation, to
the mercy of Parliament.
This day the Parl. ordred the number of horse and foot for England and Ireland, 10000
horse are to be in both Kingdoms, there are 12000 horse and foot to be for Ireland.
March 7, There were deliver'd to the Parl. Petitions in the behalfe of the 4 condemned
Lords and Sir John Owen, they who presented the Petitions were the E. of Warwick, and about
12 Ladies of honour, who in humble manner prayed their lives, The Parl. tooke the businesse
into serious consideration, and had large debate upon it, but at last the major part of
voyces (when it was thought not convenient to pardon any unlesse all) did agree they being
also intimated to them who are to suffer. Master Cawton the Minister is ordred to
be tryed at the Kings Bench Bar, the next Term, which it try'd, was, as it's said, desired by
him. No Packet from Ireland, some passengers say that Ormond, &c. are taking the Covenant:
It continues that they take many ships, and are in all neer 60 saile, and that all the Bishops,
Catholike and protestant have concurr'd in the late association.
Printed for R. Leybourn in Monks Wel street. Imprimatur, Theo. Jennings.