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A94859 The tryal of the pretended judges, that signed the warrant, for the murther of King Charles the I. Of ever blessed memory, at the sessions-house in the Old-Baily October 10. 1660. 1660 (1660) Wing T2230; Thomason E1046_4; ESTC R208032 6,573 15

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THE TRYAL OF THE PRETENDED JUDGES That signed the Warrant for the Murther of KING CHARLES the I. Of Ever BLESSED MEMORY At the Sessions-House in the Old-Baily October 10. 1660. Numb 35.31 Moreover ye shall take no satisfaction for the life of a Murderer which is guilty of death but he shall be surely put to death LONDON Printed in the year 1660. 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 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 Cryer 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 Sir H. W. My Lord I cannot say I am not guilty Clerk Then you plead you are guilty H. W Yes my Lord I am guilty Clerk Set him aside Thomas Harrison Hold up thy hand art thou guilty of this horrid act of Treason or not guilty Har. 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 Clerk Then you plead not guity Har. 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 Iudge 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 Har. I am not guilty Cler. How wilt thou be tryed Har. By the Lords lawes and the good and wholesome laws of the land Cler. Wilt thou be tryed by God and the Countrey Har. That is a prophane word Iudg. Then you shall beturn'd over to God and the Countrey Har. No sir I will be try'd by God and the Countrey Clerk God send thee a good deliverance Clerk Henry Heveningham hold up thy hand what sayest thou guilty of this horrid act of treason or not guilty H. H. Not guilty Cl. How wilt thou be tryed H. H. 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 Iudg. We can give no answer to that Cl. How wilt thou be tryed H. H. By God and the Countrey Cl. God send thee a good deliverance Clerk Set them by Bring Isaac Pennington H. Martin Gilbert Millington Robert Titchburn Robert Lilburn to the Bar Cler. 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 Mar. My Lord I desire the benefit of the act of Indempnity Iudg. 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 Mar. My Lord If I plead I lose the benefit of that Act. Iudg. Your name is in that Act. Mar. My name is not there my Lord my name is Harry Marte● not Martin Iudg. There is no difference between Martin and Marten in law the difference is very little in the sound Cler. Art thou guilty or not guilty Judge 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 Cler. Are you guilty or not guilty Mart. I desire Counsel my Lord in that which is matter of Law Judge 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 Mart. Then my Lord I plead not guilty Cler. How will you be tryed Mart. By God