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A52526 An exact and most impartial accompt of the indictment, arraignment, trial, and judgment (according to law) of twenty nine regicides, the murtherers of His Late Sacred Majesty of most glorious memory begun at Hicks-Hall on Tuesday, the 9th of October, 1660, and continued (at the Sessions-House in the Old-Bayley) until Friday, the nineteenth of the same moneth : together with a summary of the dark and horrid decrees of the caballists, preperatory to that hellish fact exposed to view for the reader's satisfaction, and information of posterity. Nottingham, Heneage Finch, Earl of, 1621-1682. 1679 (1679) Wing N1404; ESTC R17120 239,655 332

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the thirtieth of January 1648. Sign and Seal a Warrant for the Execution of His late Sacred and Serene Majesty of Blessed Memory Where also c. Clerk of the Crown How sayest thou Sir Hardress Waller Art thou guilty of that Treason whereof thou standest Indicted and for which thou hast now been Arraigned or Not guilty Sir Hardress Waller My Lords I dare not say Not Guilty but since that in a Business of this nature we have no Council or Advice and being not able to speak to matter of Law Lord Chief Baron I am loth to interrupt you but this is the course you have heard the Indictment read and the course is you must plead guilty or Not guilty There is no Medium Guilty or Not guilty It is that which is the Law and the case of all men Are you guilty or Not guilty Sir Hard. Waller I may confess my self Guilty of some Particulars in that Indictment but not of all for so instead of discharging I shall wound my Conscience Clerk Are you Guilty or Not guilty Sir Hard. Waller If I might have that liberty to Court You shall have that Liberty that any Subject of the Nation can have or can challenge No man standing at the Bar in that condition you are must make any other answer to the Indictment then guilty or Not guilty It 's the Common case of all men Your Confession must be Plain and direct Either Guilty or not Guilty Sir Hard. Waller My Lord I do desire some time to consider of it for it is a great Surprisal Court You have had time enough to consider of it you must follow the Directions of the Court Guilty or Not Guilty You must not thus Discourse of being surprised for these Discourses are contrary to all Proceedings of this Nature Clerk How say you Sir H. Waller Are you guilty or Not guilty Sir Hard. Waller I dare not say Not guilty Clerk Will you confess then Sir Hard. Waller I would be glad to be understood Court Your Plea must be direct guilty or Not guilty Sir Hard. Waller Shall I be heard my Lord Court Yes upon your Trial. There is but two ways Plead Not guilty or confess it Sir Hardress Waller we would not have you to be deceived If you confess and say you are guilty there is nothing then but Judgment If you say Not guilty then you shall be heard with your Evidence Consider with your self Plead Not Guilty or confess and say you are guilty Sir Hard. Waller My Lord It puts me upon a great contest with my self I shall be very free to open my Heart Court Sir you must plead Guilty or Not Guilty Sir Hard. Waller My Lord my condition differs from others I am a Stranger I have been thirty years transplanted into Ireland which ha's made me unacquainted with the affairs of the Law here Court You must keep to the course of the Law Either Guilty or Not guilty There is but one of these two Pleas to be made Sir Hard. Waller I dare not say Not guilty Court There are but these three thing to be considered Either you must say Guilty which is Confession and then there remains no more but Judgment or Not Guilty and then you shall be heard or Judgment will pass for your standing Mute which is all one as if you had confessed Sir Hard. Waller In as much as I have said I dare not say Not Guilty I must say Guilty Clerk You say you are guilty You confess the Indictment Sir Hardress Waller Yes Clerk Thomas Harrison How saiest thou Art thou guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not Guilty Tho. Harrison My Lords have I liberty to speak Court No more at this time then Guilty or Not Guilty Mr. Harrison You have heard the Direction before We can give you but the same Rule If you plead Not guilty you shall be heard at large if Guilty you know what remains Tho. Harrison Will you give me leave to give you my Answer in my own words Lord Chief Bar. There is no answer but what the Law directs It is the same with you as with all others or as I would desire if I were in your condition You must plead Not guilty or if you confess guilty there must be Judgment upon your confession The same Rule for one must be for another Tho. Harrison You express your Rule very fair as well to me as this Gentleman pointing at Sir Hardress Waller but I have something to say to your Lordships which concerns your Lordships as well as my self Court You must hold and plead guilty or Not guilty If you go otherwise as I told you before it will be as if you pleaded not at all and then Judgment will pass against you The Law gives the words frames your Answer it is none else but the Laws Guilty or Not Guilty Tho. Harrison My Lord I have been kept close Prisoner near these three Moneths that no body might have Access to me Do you call me to give you a Legal Answer not knowing of my Trial till nine of the clock last night and brought away from the Tower to this place at six of the clock this morning Court You must give your direct Answer Guilty or Not guilty You cannot say it is sudden or unprovided You spend time in vain You trouble the Court You must plead Guilty or Not Guilty We must not suffer you to make Discourses there You must plead either Guilty or Not Guilty Clerk Are you guilty or Not guilty Tho. Harrison I am speaking Shall I not speak two words Court If you will not put your self upon your Tryal you must expect that course that the Law directs Tho. Harrison May it please your Lordships I am now Clerk Are you guilty or Not Guilty Tho. Harrison I desire to be advised by the Law This is a special Case Court The Law allows nothing now but to plead guilty or Not guilty Court You must plead to your Indictment If it be Treason it cannot be justified if it be justifiable it is not Treason Therefore Plead guilty or not guilty Tho. Harrison Give me advice in this Clerk Tho. Harrison Are you guilty or Not Guilty Tho Harrison I would willingly render an account of all my Doings Clerk Are you Guilty or Not guilty Court You have been acquainted with the Legal Proceedings You never found in all your Experience that any Prisoner at the Bar for Felony or Treason was suffered thus to discourse or to answer otherwise then guilty or Not guilty Clerk Are you guilty or Not guilty Mr. Sol. Gen. I do beseech your Lordships he may Plead Peradventure he knows his case so well that he thinks it as cheap to defie the Court as submit to it Court We must enter your standing Mute that 's Judgment Clerk Are you guilty or Not guilty Tho. Harrison Will you refuse to give me any Satisfaction Court Are you guilty or Not guilty Tho.