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 to Cler. Gilbert Millington Hold up thy hand what sayest thou art thou guilty of this horrid Act of Treason or not guilty Mill. I humbly crave you Lordships pardon to hear me a few words Judge Sir we must do in this as in all other Cases Either you must plead guilty or not if you plead not guilty you shall is heard hereafter but you must plead guilty or not guilty Mill. There is something in that Indictment that I am not guilty of Judge Then plead not guilty Mill. I am not guilty my Lord. Cler. How wilt thou be tryed Mill. By God and the Countrey Cler. God send thee a good delivery Rob. Titchborn Hold up thy hand Art thou guilty of this horrid act of Treason or art thou not guilty Titch My Lord I have been for some space kept close prisoner and I am altogether unable in the Law to speak for my self Judge You must plead either guilty or not guilty Titch spare me one word if the Trial be matter of Law give leave for Counsel to plead for me If I should plead my own Case in Law I might be over-powred since there are many persons of great eminencie and honour will plead against me Titch 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 will you be tryed Titch By God and the Countrey Cler. God send thee a good delivery Cler. Owen Roe Hold up thy hand what saist thou Art thou guilty of this horrid act of high Treason or art thou not guilty O. Roe My Lord I will rest upon the judgement of the Court in matter and form as I stand indicted I am not guilty Clerk How wilt thou be tryed Roe By God and the Countrey Clerk God send thee a good delivery Robert Lilburn Hold up thy hand art thou guilty of this horrid act of high Treason whereof thou stands indicted or art thou not guilty Lilb I have been close Prisoner my Lord this twenty dayes and none allowed to come to me and I am told I ought to have Counsel before I plead Iudge You are misinformed you cannot have it you must plead either guilty or not guilty for if this be your argument and this answer be returned Iudgement will be given against you for the rule is set before us Lil. My Lord if you over-rule me I cannot help it Iudge Sir pray let not such words fall from you Lil. My Lord I must say in matter and forme as I stand here indicted I am not guilty Cler. How wilt thou be tryed Lilb By God and the Country Cler. God send thee a good delivery Cler. Call Adrian Scroop Augustine Garland Gregory Clement Peter Temple Iohn Iones Iames Temple Iohn Cook Iohn Carew Cler. Adrian Scroop Hold up thy hand How sayest thou art thou guilty of this horrid act of high Treason or art thou not guilty Ad. Scroop My Lord I am not guilty Cler. How wilt thou be tryed Ad. Scroop By God and the Countrey Cler. God send thee a good delivery Iohn Carew Hold up thy hand how sayest thou art thou guilty of this horrid act of high Treason or art thou not guilty Carew My Lord there is matter in the Indictment as I humbly conceive that is not under the reach of any inferiour Court of Iudicature Iudg. That is not to the matter you must plead guilty or not guilty Carew Not guilty Cler. How wilt thou be tryed Carew By God and the Countrey Cler. God send thee a good delivery Cler. Iohn Iones hold up thy hand what sayest thou art thou guilty of this horid Treason whereof thou standest indicted or not guilty John Jones Not guilty Cler. How wilt thou be tryed John Jones By God and the Countrey Cler. God send the a good delivery Thomas Scot hold up thy hand art thou Guilty of this horid Act of high Treason or art thou not Guilty Scot. My Lord I would offer a few words Iudge The Law give this liberty as your birth right either to plead Guilty or not Guilty one of them you must do Scot. The law I hope my Lord in some time or other doth give men leave to plead for themselves Judge In what would you plead you cannot I have told you justifie it if it be Treason Scot. My Lord I cannot call it treason Cler. Are you Guilty or not Guilty Scot. Not Guilty Cler. How wilt thou be tryed Scot. By God and the Countrey Cler. God send thee a good delivery Cler. Gregory Clement hold up thy hand what sayest thou art thou Guilty of the horrid treason whereof thou standest indicted or not Guilty Clem. Not Guilty Cler. How wilt thou be tryed Clem. By God and the Countrey Cler. God send the a safe delivery Cler. John Cooke hold up thy hand what sayest thou art thou Guilty of the horrid treason whereof thou standest indicted or not Guilty Cook My Lord I beg to have counsel to plead for me Judge You most answer are you Guilty or not Cook My Lord not guilty Cler. How wilt thou be tryed Cook By God and the Countrey Cler. God send you a good delivery Cler. Col. Edmund Harvy John Downes Henry Smith Vincent Potter and Augustine Garland to the Bar. Cler Edmond Harvy hold up thy hand what sayest thou art thou guilty of this horrid Act of high Treason or not guilty Har. I am not guilty Cler. How wilt thou be tryed Har. By God and the Countrey Cler. God send the a good delivery Cler. Henry Smith hold up thy hand what sayest thou art thou guilty of this horrid Act of high Treason or not guilty Smith Not guilty Cler. How wilt thou be tryed Smith By God and the Countrey Cler. God send the a good delivery Clerk Iohn Downs hold up thy hand what sayest thou art thou guilty of this horrid treason whereof stands indicted or not guilty Downes Not guilty Clerk How wilt thou be tryed Downes By God and the Countrey Clerk God send thee a good delivery Vincent Potter hold up thy hand what sayest thou art thou guilty of this horrid act of high Treason whereof thou standest indicted or not guilty Pot. Not guilty Cler. How wilt thou be tryed Pot. By God and the Countrey Cler. God send thee a good delivery Cler. Augustine Garland hold up thy hand what sayest thou art thou guilty of this horrid act of treason whereof thou standest indicted or not guilty Garl Not guilty Clerk How wilt thou be tryed Garl By God and the Countrey Cler. God send thee a good delivery Set to the Bar George Fleetwood Iames Temple Hugh Peters Simon Meyn Francis Hacker Daniel Axtell George Fleetwood what sayest thou art thou guilty of this horrid treason whereof thou standest indicted or not guilty Fleet. I came in my Lord upon his
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 â—â—â—nâ—â—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 Marteâ— 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
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