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A25879 The Arraignment, tryal and condemnation of Thomas Harrison, late major general, and one of the pretended judges that sign'd the warrant for the murder of King Charles the First ... and appointed the place for that fatal execution to be at White-Hall Gate for which bloody, horrid and barbarous fact he was on Thursday, Octob. the 11, 1660 sentenced ... and now lyes in irons in the dungeon in Newgate untill execution : together with the inditement, names, and several pleas of the rest of that infamous crew. 1660 (1660) Wing A3763; ESTC R23342 4,856 10

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THE Arraignment Tryal and Condemnation OF THOMAS HARRISON Late Major General and one of the pretended Judges that sign'd the Warrant for the murder of King CHARLES the first of ever blessed memory and appointed the place for that fatal Execution to be at White-Hall Gate For which Bloody Horrid and Barbarous Fact he was on Thursday Octob. the 11. 1660. Sentenced to be drawn hang'd and quarter'd to have his heart and bowels ript out and burnt before his eys and now lyes in Irons in the Dungeon in Newgate untill Execution TOGETHER With the Inditement Names and several Pleas of the rest of that Infamous Crew Printed for T. Vere and W. Gilbertson 1660. The great Tryal of the Grand pretended Judges that signed that Barbarous Warrant for the murther of our Soveraign Lord King Charles the first WEdnesday the ninth of October 1660. was appointed for the Tryal of all those which signed the Warrand for that horrid murder of His late Majesty Charles the first of ever blessed memory In order whereunto Warrants being signed for the Lieutenant of the Towers delivery of the Traytors unto the Sheriffs of London who accordingly repaired to the Tower guarded strongly with their own Servants and part of the Lieutenant of the Towers own Regiment where the prisoners being put into several Coaches and a party of Musquetiers on each side of the Coach the rest of the said Regiment making a Lane in New-gate Mercat to keep them from the fury of the people one Troop of the Army Horse before and another following after and about nine of the clock they were brought to the Presse-yard at Newgate and after a survey of them taken by the Master Keeper they were brought thorow a passage for that purpose into the Sessions yard to Justice Hall in the Old Bayley where Sir Thomas Allan sate Chair-man the Duke of Orlando on the one hand and Sir Orlando Bridgeman Baron on the other the Court consisting of Peeres Judges and Aldermen neer the number of fourty the Court being sate the prisoners were brought by turns to the Bar and their Mittiments read as followeth O yes made and silence to the Court The Indictment was read by the Cryer THat whereas you Hardresse Waller Knight Thomas Harrison Henry Heveningham Esquires Isaac Pennington Henry Martin Gilbert Millington Robert Tichburn Esquires Owen Row Robert Lilburn Adrian Scroop Augustine Garland Gregory Clement Peter Temple John Jones James Temple John Cook John Carew Thomas Scot John Downs Henry Smith Vincent Potter Hugh Peters Simon Meyne George Fleetwood Francis Hacker Daniel Axtel Edmund Harvy Esquires having not the fear of God before your eyes and being instigated by the Devil did maliciously treasonably and Felloneously contrary to your due allegiance and bounden duty did sit upon and condemn your late Soveraign Lord Charles the first of ever blessed memory and also did upon the 30th of January 1648. sign and seal a Warrant for the execution of his late Sacred Majesty of blessed memory where also the aforesaid Hardresse Waller Knight Thomas Harison Henry Heveningham Esquires together with some other person unknown did appear for the rest upon the Scaffold at the execution of his late Sacred Majesty of ever blessed memory which said person yet unknown being disguised by a Frock over his body and a Vizard over his face did then and there sever the head of his most sacred Majesty of blessed memory from his body and you the said Hardress Waller Knight Thomas Harison and the rest of the Traytors did afterwards most trayterously and felloneously assume the Government of the Kingdoms contrary to all right and justice and to the known Laws of the Land and against the person of our now Soveraign Lord King Charles the second His Right and Title Crown and Dignity Cryer Hardresse Waller Knight hold up thy hand what sayest thou art thou guilty of this horrid Act of Treason whereof thou standest indicted or not guilty Hard Wall My Lord I cannot say I am not guilty Cler. Then you plead you are guilty Hard Yes my Lord I am guilty Cler. Set him aside Thomas Harison Hold up thy hand art thou guilty or not guilty Har. If I should say I am not guilty I should wrong my own conscience yet in matter and form as it is laid down in this Indictment I am not guilty Cler. Then you plead not guilty Har. My Lord I desire I may have counsell afforded me and time to make my defence for I have been kept close prisoner in a dark Chamber and had no notice of my Tryal till five of the clock in the morning that I am altogether unprepared Judge You are to plead guilty or not guilty for in cases of Treason Counsel is not to be assigned for that would make it justifiable and that 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 by the good and wholesome Laws of the Land Cler. Wilt thou be tryed by God and the Countrey Har. He answered that was a profane word Then the Judge answered he shall be turned over to God and the Countrey Har. No Sir I will be tryed by God and the Country Cler. God send thee a good deliverance and turn'd him aside Henry Heveningham hold up thy hand guilty or not guilty Hev Not guilty Cler. How wilt thou be tryed Hev I will present an humble Petition to His Majesty and the Parliament and desire your Lordships to let me return to my lodgings in the Tower for I have some infirmities upon me Judge We can give you no answer to that Cler. How wilt thou be tryed Hev By God and the Countrey Cler. God send thee a good deliverance Set them by Bring Isaac Pennington Henry Martin Gilbert Millington Robert Tichborn and Robert Lilborn to the Bar. Cler. Henry Martin Hold up thy hand to the Bar what sayest thou art 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 Imdempnity Judge First you are to plead before you can have the benefit of any thing and for your pleading the Act of Indemnity that makes you guilty Mar. My Lord If I plead I loose the benefit of that Act Judge Your name is in that Act Mar. My name is not there my Lord my name is Henry Marten not Martin then the Judge said there is no difference between Martin and Marten in Law the difference is very little in the sound then said the Clerk art thou guilty or not guilty The Judge bid him be advised for it makes no difference if there were two names of the like form the difference is betwixt the six Names and 't will but make you a Mute in Law and a Mute in Treason Sir you must have Judgement passed on you Cler. Are you guilty or not guilty Mar. I desire Counsel my
Lord in that which is matter of Law Judg. What do you desire counsel for you are indicted for matter of Treason for Contriving and Composing the Kings death you have justification to plead if it be Treason it is not justifiable or if it be justifiable it is not Treason Mar. Then my Lord I plead not guilty Cler. How will you be tryed Mar. By God and the Countrey Cler. God send thee a good deliverance Judge You may give any Evidence but in a Case of this nature you can give no Evidence Cler. Gilbert Millingtoun Hold up thy hand what sayst thou art guilty of this horrid Act of Treason or not guilty Mil. I humbly crave your Lordships pardon in some few words Judg. Sir we must do in this case as in all other cases either you must plead guilty or not if you plead not guilty you shall be heard hereafter but you must plead guilty or not guilty Mil. There is something in that Indictment which I am not guilty of Jud. Then plead not guilty Mil. I am not guilty my Lord Cler. How wilt thou be tryed M. By God and my Countrey Cler. God send thee a good deliverance Cler. Robert Tichborn hold up thy hand art thou guilty of this horrid Act of Treason or not guilty Tich My Lord I have for some space been kept close prisoner and I am altogether unable in the Law to speak for my self Jud. You must plead guilty or not guilty Tich Spare me one word if the Tryal be matter of Law give leave for Counsel to plead for me if I should plead my own case in Law I might be overpowred since there are many persons of great eminency and honour will plead against me but I will not trouble you long if this be the case in matter and form as I am here Indicted I am not guilty Cler. How wilt thou be tryed By God and the Country Cler. God send you a good deliverance Cler. Owen Roe Hold up your hand art thou guilty of this horrid act of Treason or not guilty Owen Roe My Lord I will rest upon the Judgement of the Court in matter and form as I stand indicted I am not guilty Cler. How wilt thou be try'd Owen Roe By God and the Country Cler. God send thee a good deliverance Cler. Robert Lilburn Hold up thy hand art thou guilty or not guilty Lilburn I have been close Prisoner my Lord these twenty dayes and none suffered to come to me and I am told that I ought to have counsel before I plead Judg. You are misinformed you cannot have it you must plead guilty or not guilty for if this be your argument and this answer return of Iudgement will be given against you for the rule is set before us Lilborn My Lord if you over rule me I cannot help it Judg. Sir Pray let no such words fall from your mouth Lilborn My Lord I must say in matter and form as I stand indicted I am not guilty Cler. How wilt thou be try'd L. By God and the Country Cler. God send thee a good deliverance Cler. Call Adrian Scroop Augustine Garland Gregory Clement Peter Temple John Jones Iames Temple Iohn Cook Iohn Carew all which held up their hands as others before by degrees pleading not guilty Afterwards was called Tho. Scot Henry Smith Gregory Clement Vincent Potter Edmund Harvy Tho. Wait Hugh Peters to hold up their hands and read the Charge are ye guilty or not guilty Pet. I cannot say I am guilty my Lord for I would not be guilty of the murder for ten thousand Worlds Cler. How wilt thou be tryed Pet. By the word of God at which the Court smiled 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 deliverance George Fleetwood being call'd to the Bar held up his hand as before and confest himself guilty But the others pleaded not guilty UPon Thursday Octob. 11. the Court being sate and the Iury call'd Tho. Harrison was again brought to the Bar where Sir Henadge Finch the Kings Solicitor General in a most excellent eloquent speach opened altogether the hainousnesse of his fact committed against God the King and Kingdom To which he answered that what he had done was by Authority and Act of Parliament and that it was done at noon day and not in a corner that the Parliament ought to hear him out and thereupon desired Counsel to plead for him but then being told by the Judges of the Court how invalid and vain his desires were and that the Parliament he pleaded for were not really so but by usurpation did assume the power to themselves and that if Lords and Commons had power to condemn one peculiar man the King had power to pardon him therefore for Lords and Commons to murder their King and Soveraign was a most horrid and unmatchable piece of villanie which when he heard he had nothing to say for himself but excepted against 35. of the Jury and cast himself upon 12. of his own choosing who after they had heard over all the witnesses who made it apparent declared him guilty immediately at the Bar for that horrid Treason and Barbarous Murder whereof he stood indicted whereupon my Lord Chief Baron stood up and told him he had received a fair tryal by casting himself upon his Country who according to the fundamental and well known Laws of the Land had brought him in guilty and therefore demanded of him what he had to say for himself and why Judgement should not be pronounced against him aacording to Law who answered again he had no more to say Then my Lord gave sentence to this effect That he should be conveyed back again to the place from whence he came and from thence to be drawn upon a Hurdle unto the place of Execution there to be hanged by the neck then to be cut down alive and his heart and bowels ript out and burnt before his own face then his body to be devided into four parts and hung in the view of all the people where the Kings Majesty shall please He seemed to be no whit dismaid at the Sentence but stood with an audacious countenance all the while and being taken from the Bar the Sheriff accompanied him to Newgate where he commanded strong Irons to be put upon his legs and told him he would do well to prepare for his death it might be nearer to him then he was aware of to which he answered that it was not the first time he had ●●ok● death in the face and that his body was full of scars but yet he had remaining a good heart and so he took his leave of him FINIS