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law_n king_n lord_n parliament_n 20,596 5 6.9552 4 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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Majesties Proclamation Cler. Art thou guilty or not guilty Fleet. I confesse I am guilty and withall he delivered a Petition into the Court. Cler. 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 Meyn Not guilty for I came in upon his Majesties Proclamation Cler. How wilt thou be tryed Meyn By God and the Countrey Clerk God send thee a good delivery Cler. Iames Temple Hold up thy hand what sayest thou art thou guilty of the horrid Treason whereof thou standest indicted or not guilty Iohn Temple Not guilty Cler. How wilt thou be tryed Iohn Temple By God and the Countrey Cler. God send thee a good delivery Cler. Pet. Temple Hold up thy hand what sayest thou art thou guilty of the horrid Treason whereof thou standst indicted or not guilty Pet. Temple Not guilty Cler. How wilt thou be tryed Pet. Temple By God and the Countrey Cler. God send thee a good delivery Cler. Thomas Wait Hold up thy hand what sayest thou art thou guilty of this horrid Act of high Treason or art thou not guilty Thomas Wait. I humbly desire of you my Lord that I may speak a word or two Iudg. When you do plead if you plead not guilty you may speak what you will Tho. Wait. My Lord one word I am not willing to mis-spend your time for I know you have much businesse for to doe it will not become me to doe it Iudg. Well but do not preface let us hear what you will say Tho. Wait. My case my Lord is different from other mens Iudg. What you have to say speak afterwards Tho. Wait. My Lord there was a Peer of this Nation that was indicted for killing a man Iudg. 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 Cler. are you guilty or not guilty VVaite I am not Guilty Cler. Who will you be tryed by VVaite By God and the Countrey Cler. 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 Peters I cannot say I am guilty my Lord I would not be guilty of the Murder for ten thousand worlds Cler. How will you be tryed Peters By the word of God At this the Court seemed to smile Cler. Art thou guilty or not guilty Pet. not guilty Cler. How wilt thou be tryed Pet. By God and the Countrey Cler. God send thee a good delivery Cler. Daniel Axtell hold up thy hand what sayest thou art thou guilty of the horrid high Treason whereof thou standest indicted or not guilty Axt. 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 to judge of things that were done by Act of Parliament Judg. 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 birth-right to plead guilty or not there is no other plea but this Axt. Iudge Heath had counsel upon the same case but if the Court overrule me I cannot help it Several of the Court It was not such a case as this Council 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 Iudge True he that doth not put himself upon the Countrey is a mute in Law Clerk Art thou guilty or not guilty Axt. Not guilty Cler. How wilt thou be tryed Axt. I will be tryed by Twelve honest men Officer Sir you must say by God the country Axt. Nay but God is not locally here to be tryed by He having taken some notes of the Indictment it was taken from him with other papers the notes being torn out his paper was returned him Iudg. When your Indictment is read the second time you may take what notes you will but not the first time Cler. How will you be tryed Axt. By God and the Countrey Cler. God send you a good delivery So the Court adjourned for this day FINIS