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authority_n act_n court_n parliament_n 2,086 5 6.9871 4 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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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