The Tryall of the Iudges, that signed the Warrant for the murther of King CHARLES the first.
VVEdnesday October the 9th. 1660: being appointed for the Tryall of them which signed the Warrant for the horrid murther of his late serene Majesty, CHARLES the first, of ever blessed memory. In order whereunto, Warrants being signed, for the Lieuctenant of the Tower's delivery of the prisoners unto the Sheriffs of London, the Sheriffs accordingly repaired to the Tower, with a strong guard of their own Servants, and part of the Lieutenant of the Tower's own Regiment; where the prisoners being put into several Coaches, with two of the Sheriffs own Servants in each Coach, and a party of Musqueteers on each side of the Coach: the rest of the said Regiment making a Lane in Newgate-market, to keep them from the fury of the people; a Troup of the Army Horse before, and another following after the Coaches: they were about eight or nine of the clock brought to the Presse-yard at Newgate, and after a survey of them taken by the Master-keeper, they were (by a passage made for that purpose) carried into the Sessions yard to Justice-Hall in the Old-Baily; where the Court being ready to receive them, they were by turns brought to the Bar, by four and six at a time, where they had their Indictments publickly read to them severally, to this effect.
The Indictment read by the Cryer to the first three, and so in order to the rest.
That whereas you Hardress VValler Knight, Thomas Harrinson, Henry Heveningham Esq Isaac Pennington, Henry Martin, Gilbert Millington, Robert Tichburn Esqrs; Owen Row, Robert Lilburn, Adrian Scroop, Augustin Garland [Page 2]Gregory Clement, Peter Temple, Iohn Iones, Iames Temple, Iohn Cooke, Iohn Carew, Thomas Scot, Iohn Downs, Henry Smith, Vincent Potter, Hugh Peters, Simon Meyne, George Fleet wood, Francis Hacker, Daniel Axtell, Edmund Harvy Esqrs; Having not the fear of God before your eyes, and being instigated by the Devil did maliciously treasonably and feloniously contrary to your due allegiance and bounden duty did set upon and condemne your late Soveraigne Lord Charles the first of ever blessed memory, and also did upon the thirty of Ianuary 1648 sighe and seale a Warrant for the execution of his late Sacred, and Serene Majesty of blessed [...]n [...]y, where also the aforesaid Hardress Waller, Knight▪ Thomas Harrison, Henry Heveningham Esq together with some other person unknown did appeare for the rest upon the Scaffold, at the execution of his late Sacred, and Serene Majesty of blessed memory, which said person yet unknown, being disguised by a Frock over his body and a Vizor on his face, did then and their Sever the head of his most Sacred Majesty of blessed memory from his body, and you the said Hurdress Walter Knight, Thomas Harrison, and the rest of the Traytors did afterwards most traiterously and seloniously assume the Goverment of the Kingdomes contrary to all right, and justice, and the known Laws of the Land, and against the person of our now Soveraigne Lord Charles the second his right and Title, Crown and Dignity.
Hardresse Waller Kt. hold up thy hand, what sayest thou, art thou guilty of this horrid act of Treason, whereof thou standest indicted or not guilty?
My Lord, I cannot say I am not guilty.
Then you plead you are guilty.
Yes my Lord, I am guilty.
Set him aside.
Hold up thy hand, art thou guilty of this horrid act of Treason or not guilty?
If I should say not guilty I should wrong my own conscience, yet in matter and form as it is laid in the Indictment I am not guilty,
Then you plead not guity?
My Lord I desire I may have counsel assigned me and time for to make my defence, for I have been kept a close prisoner in a back chamber, and had no notice of my Tryal till five a clock this morning, so that I am altogether unprepared.
You are to plead guilty or not guilty, for in cases of Treason counsel is not to be assigned, for that would make it Iustifiable, and then it were not Treason, and you would be quit, but if it be Treason, then it is not justifiable.
I am not guilty.
How wilt thou be tryed?
By the Lords lawes and the good and wholesome laws of the land,
Wilt thou be tryed by God and the Countrey.
That is a prophane word.
Then you shall beturn'd over to God and the Countrey.
No sir, I will be try'd by God and the Countrey.
God send thee a good deliverance.
Henry Heveningham hold up thy hand, what sayest thou, guilty of this horrid act of treason, or not guilty.
Not guilty.
How wilt thou be tryed?
I will present an humble Petition to his Majesty and the Parliament, and desire your Lordship to let me return to my lodging at the Tower again, for I have some infirmities upon me.
We can give no answer to that.
How wilt thou be tryed?
By God and the Countrey.
God send thee a good deliverance.
Set them by.
Bring Isaac Pennington, H. Martin, Gilbert Millington, Robert Titchburn, Robert Lilburn to the Bar,
Henry Martin, hold up thy hand, what sayest thou? art thou guilty of this horrid act of Treason whereof thou standest indicted or not guilty?
My Lord, I desire the benefit of the act of Indempnity,
First you are to plead, before you can have the benefit of any thing and for your pleading the act of Indempnity, that makes you guilty.
My Lord, If I plead, I lose the benefit of that Act.
Your name is in that Act.
My name is not there my Lord, my name is Harry Marte [...], not Martin.
There is no difference between Martin and Marten in law, the difference is very little in the sound.
Art thou guilty or not guilty?
Sir, Be advised, this makes no difference, if there were two names of the like form, the difference is betwixt the Sir-names; this will make you but a Mute in Law, and to be a Mute in matter of Treason you must have judgement passed upon you.
Are you guilty, or not guilty?
I desire Counsel my Lord in that which is matter of Law.
What do you desire Counsel for, you are indicted for matter of Treason, for contriving and compassing the King's Death: you have justification to plead, if it be Treason, it is not justifiable: if it be justifiable, it is not Treason?
Then my Lord I plead not guilty.
How will you be tryed?
By God and the Countrey.
God send thee a good deliverance.
You may give any evidence, but in a case of this nature you can give no evidence to —
Gilbert Millington, Hold up thy hand, what sayest thou, art thou guilty of this horrid Act of Treason, or not guilty?
I humbly crave you Lordships pardon to hear me a few words.
Sir, we must do in this as in all other Cases. Either you must plead guilty, or not; if you plead not guilty you shall is heard hereafter: but you must plead guilty or not guilty;
There is something in that Indictment that I am not guilty of.
Then plead not guilty.
I am not guilty my Lord.
How wilt thou be tryed.
By God and the Countrey.
God send thee a good delivery.
Titchborn, Hold up thy hand: Art thou guilty of this horrid act of Treason, or art thou not guilty.
My Lord, I have been for some space kept close prisoner, and I am altogether unable in the Law to speak for my self.
You must plead either guilty or not guilty.
spare me one word if the Trial be matter of Law, give leave for Counsel to plead for me; If I should plead my own Case in Law, I might be over-powred, since there are many persons of great eminencie and honour will plead against me.
I will not trouble you long, if this be the Case in matter and form as I am here indicted, I am not guilty.
How will you be tryed?
By God and the Countrey,
God send thee a good delivery,
Owen Roe, Hold up thy hand, what saist thou, Art thou guilty of this horrid act of high Treason, or art thou not guilty?
My Lord I will rest upon the judgement of the Court in matter and form, as I stand indicted I am not guilty.
How wilt thou be tryed.
By God and the Countrey.
God send thee a good delivery.
Robert Lilburn Hold up thy hand, art thou guilty of this horrid act of high Treason whereof thou stands indicted, or art thou not guilty?
I have been close Prisoner my Lord this twenty dayes, and none allowed to come to me, and I am told I ought to have Counsel before I plead.
You are misinformed, you cannot have it; you must plead either guilty or not guilty; for if this be your argument, and this answer be returned, Iudgement will be given against you, for the rule is set before us.
My Lord if you over-rule me, I cannot help it.
Sir pray let not such words fall from you.
My Lord I must say in matter and forme, as I stand here indicted I am not guilty.
How wilt thou be tryed?
By God and the Country.
God send thee a good delivery.
Call Adrian Scroop, Augustine Garland, Gregory Clement, Peter Temple, Iohn Iones, Iames Temple, Iohn Cook, Iohn Carew.
Adrian Scroop, Hold up thy hand,
How sayest thou, art thou guilty of this horrid act of high Treason or art thou not guilty?
My Lord, I am not guilty.
How wilt thou be tryed?
By God and the Countrey.
God send thee a good delivery.
Hold up thy hand, how sayest thou, art thou guilty of this horrid act of high Treason, or art thou not guilty?
My Lord, there is matter in the Indictment as I humbly conceive, that is not under the reach of any inferiour Court of Iudicature.
That is not to the matter, you must plead guilty or not guilty.
Not guilty.
How wilt thou be tryed?
By God and the Countrey.
God send thee a good delivery.
Iohn Iones hold up thy hand, what sayest thou art thou guilty of this horid Treason, whereof thou standest indicted or not guilty?
Not guilty.
How wilt thou be tryed?
By God and the Countrey.
God send the a good delivery.
Thomas Scot hold up thy hand, art thou Guilty of this horid Act of high Treason, or art thou not Guilty.
My Lord I would offer a few words,
The Law give this liberty as your birth right, either to plead Guilty or not Guilty one of them you must do.
The law I hope my Lord in some time or other, doth give men leave to plead for themselves.
In what would you plead, you cannot (I have told you) justifie it, if it be Treason.
My Lord I cannot call it treason.
Are you Guilty or not Guilty?
Not Guilty.
How wilt thou be tryed?
By God and the Countrey.
God send thee a good delivery.
Gregory Clement hold up thy hand, what sayest thou art thou Guilty of the horrid treason whereof thou standest indicted or not Guilty.
Not Guilty.
How wilt thou be tryed.
By God and the Countrey.
God send the a safe delivery.
John Cooke hold up thy hand, what sayest thou art thou Guilty of the horrid treason whereof thou standest indicted or not Guilty.
My Lord I beg to have counsel to plead for me.
You most answer are you Guilty or not.
My Lord not guilty.
How wilt thou be tryed.
By God and the Countrey.
God send you a good delivery.
Col. Edmund Harvy, John Downes, Henry Smith, Vincent Potter, and Augustine Garland to the Bar.
Edmond Harvy hold up thy hand, what sayest thou art thou guilty of this horrid Act of high Treason or not guilty.
I am not guilty.
How wilt thou be tryed.
By God and the Countrey.
God send the a good delivery.
Henry Smith hold up thy hand, what sayest thou art thou guilty of this horrid Act of high Treason or not guilty
Not guilty.
How wilt thou be tryed.
By God and the Countrey.
God send the a good delivery.
Iohn Downs hold up thy hand, what sayest thou, art thou guilty of this horrid treason whereof stands indicted, or not guilty?
Not guilty.
How wilt thou be tryed?
By God and the Countrey.
God send thee a good delivery.
Vincent Potter hold up thy hand, what sayest thou, art thou guilty of this horrid act of high Treason whereof thou standest indicted, or not guilty?
Not guilty.
How wilt thou be tryed?
By God and the Countrey.
God send thee a good delivery.
Augustine Garland hold up thy hand, what sayest thou, art thou guilty of this horrid act of treason whereof thou standest indicted, or not guilty?
Not guilty.
How wilt thou be tryed?
By God and the Countrey.
God send thee a good delivery.
Set to the Bar George Fleetwood, Iames Temple, Hugh Peters, Simon Meyn, Francis Hacker, Daniel Axtell.
George Fleetwood what sayest thou, art thou guilty of this horrid treason whereof thou standest indicted, or not guilty?
I came in (my Lord) upon his Majesties Proclamation.
Art thou guilty or not guilty?
I confesse I am guilty,
Set him aside.
Simon Meyn hold up thy hand, what sayest thou, art thou guilty of the horrid treason whereof thou standest indicted or not guilty?
Not guilty, for I came in upon his Majesties Proclamation.
How wilt thou be tryed?
By God and the Countrey.
God send thee a good delivery.
Iames Temple, Hold up thy hand, what sayest thou, art thou guilty of the horrid Treason whereof thou standest indicted or not guilty.
Not guilty.
How wilt thou be tryed?
By God and the Countrey.
God send thee a good delivery.
Hold up thy hand, what sayest thou art thou guilty of the horrid Treason whereof thou standst indicted or not guilty.
Not guilty.
How wilt thou be tryed?
By God and the Countrey.
God send thee a good delivery.
Thomas Wait, Hold up thy hand, what sayest thou, art thou guilty of this horrid Act of high Treason, or art thou not guilty?
I humbly desire of you my Lord that I may speak a word or two.
When you do plead, if you plead not guilty, you may speak what you will,
My Lord, one word. I am not willing to misspend your time, for I know you have much businesse for to doe, it will not become me to doe it.
Well, but do not preface, let us hear what you will say.
My case my Lord is different from other mens.
What you have to say speak afterwards.
My Lord, there was a Peer of this Nation that was indicted for killing a man.
Sir, you must answer guiltie or not guiltie, for we doe not intend to anticipate you, what you have to say you may speak afterwards.
are you guilty or not guilty?
I am not Guilty.
Who will you be tryed by?
By God and the Countrey.
God send you a good deliverance.
Hugh Peters, hold up thy hand, art thou Guilty of this horrid Act of high Treason of which thou standest indicted, or art thou not guilty?
I cannot say I am guilty, my Lord I would not be guilty of the Murder for ten thousand worlds.
How will you be tryed?
By the word of God. At this the Court seemed to smile.
Art thou guilty or not guilty.
not guilty.
How wilt thou be tryed.
By God and the Countrey.
God send thee a good delivery.
Daniel Axtell hold up thy hand, what sayest thou, art thou guilty of the horrid high Treason whereof thou standest indicted or not guilty.
My Lord, let me have the freedome of an Englishman, that which is my right by Law, I will not take up much of your time, the matter of the indictment runs upon the Kings death, therefore I desire to be tryed by Oyer and Terminer, for it is a great point in Law, that no inferiour Court ought [Page 11]to judge of things that were done by Act of Parliament.
If the matter be treason, it is not to be justified, if it be not treason, it is justifiable, as I said several times before, & as I laid it is the birthright to plead guilty or not; there is no other plea but this.
Iudge Heath had counsel upon the same case, but if the Court overrule me, I cannot help it.
It was not such a case as this.
My Lord, It may be this Gentleman doth not know the Law, which is, that he that stands mute in case of high Treason, proclaims himself guilty.
True, he that doth not put himself upon the Countrey is a mute in Law.
Art thou guilty or not guilty?
Not guilty.
How wilt thou be tryed?
I will be tryed by Twelve honest men.
Sir you must say by God & the country.
Nay, but God is not locally here to be tryed by.
When your Indictment is read the second time, you may take what notes you will, but not the first time,
How will you be tryed.
By God and the Countrey.
God send you a good delivery.