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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