ment of High Treason against the following persons1: 1. Sir Hardr. Waller. 2. Geo. Fleetwood. 3. Thomas Harrison. 4. Adrian Scroop. 5. John Carew. 6. Thomas Scot. 7. Gregory Clement. 8. John Jones. 9. John Cook. 10. Hugh Peters. 11. Daniel Axtell. 12. Francis Hacker. 13. William Hulet. 14. Edmund Harvey. 15. Isaac Pennington. 16. Henry Martin. 17. Gilbert Millington. 32. Miles Corbet. 1 Of the fifty-one persons wholly excepted from the Indemnity Act, nineteen had fled beyond sea. Generals Whalley and Goffe, and Mr. Dixwell, M. P. for Dover, to America; Colonel Okey, Sir John Barkstead, Colonel Wauton, and Mr. Corbet, to Germany; Sir Michael Livesey, Cawley, M. P. for Chichester, Thomas Wogan, Blagrave, M.P. for Reading, to other parts of the Continent; General Ludlow, and John Lisle, one of Bradshaw's assistants, and Nicholas Love, escaped to Switzerland; Ludlow was buried at Vevai, aged 73, in 1693. His wife erected a monument to his memory in the church of Vevai, with a very laudatory inscription. He appears to have escaped several plots of assassination, and was warmly protected by the Council of Berne, to whom he dedicates his curious and interesting Memoirs. The Council of Berne received Ludlow, Love, and Broughton with honour; -the Treasurer and some of the Council dined with them, accompanied them to church, and made them a present of wine. John Lisle was assassinated at Lausanne, it is said by the instigation of Charles's Queen, Henrietta Maria. His widow, the Lady Alicia Lisle, was arbitrarily tried in 1685, by the ferocious Jeffries, The Grand Jury, the same day, returned into Court, and presented a "True Bill" against all the prisoners; and the Court then adjourned till the next morning. On the 10th of October, at an early hour, the prisoners were conveyed in several coaches, with a strong guard of horse and foot, from the Tower to Newgate, where they were delivered by Sir John Robinson, Lieutenant of the Tower, to the Sheriffs of London, and were afterwards, on the same morning, brought before the assembled Court at the Sessions House in the Old Bailey. Silence being commanded, the Commission of Oyer and Terminer was again read; after which, Sir Hardress Waller 1, Major-General for concealing a dissenting minister in Monmouth's rebellion; and she was executed at Winchester. Cornelius Holland, originally a servant of Sir Harry Vane, and who had acquired in the rebellion large estates, a residence in Somerset Palace, and the Keepership of Richmond Park, also escaped to Lausanne, and died there in 1661. Thomas Chaloner fled to Zealand, where he died in the same year. 1 Waller was of a gentleman's family in Kent, and entered early into the King's army before the rebellion, and served in Ireland. At the commencement of the civil war he joined the army of the Parliament, was distinguished in many engagements, and rose rapidly to the rank of Colonel, and afterwards to that of Major-General under Cromwell. At the Restoration, he at first fled to France, but came to England in hopes of saving the considerable estates he had acquired, and surrendered under the proclamation. After his sentence he was sent back to the Tower, where he appears to have died. Ludlow (who, however, is extremely partial,) says that it was contrived Waller should be tried first, he being a man who would say any thing to save his life, and would therefore plead Guilty. But if the Government were afraid of the effect of a vigorous defence, why did they try the determined Harrison second? T Thomas Harrison, and Mr.William Heveningham, were brought to the bar and commanded to hold up their hands. The indictment was then read, charging that the prisoners, instigated by the devil, traitorously compassed and imagined to take away the life of Charles Stuart, late King of England; and in pursuance of that intent and design, assembled and sat upon, judged, tried, and condemned, his said late Majesty of blessed memory, and also signed a warrant for killing and executing him, &c. Clerk of the Crown. How sayest thou, Sir Hardress Waller; art thou Guilty of the treason whereof thou standest indicted, or Not Guilty? Sir H. Waller (after considerable hesitation and debate). Insomuch as I said I dare not say Not Guilty, I must say Guilty. Clerk. Thomas Harrison, how sayest thou? Art thou Guilty of the treason whereof thou standest indicted, and are now arraigned? or Not Guilty? Harrison. My Lords, have I liberty to speak? Court. No more (at this time) than 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. Harrison. Will you give me leave to give you my answer in my own words? L. C. 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. Clerk. Thomas Harrison Are you Guilty, or Not Guilty? After considerable demur, Harrison pleaded not Guilty. Clerk. How will you be tried? Harrison. I will be tried according to the laws of the Lord. L. C. Bar. Now I must tell you, if you do not put yourself upon your country, you have said nothing. Harrison. I will be tried according to the ordinary course. Clerk. Whether by God and the country? you must speak the words. Harrison. They are vain words Court. We have given you a great deal of liberty and scope, which is not usual. You must put yourself upon God and the country. Harrison. I do offer myself to be tried in your own way, by God and my country. Clerk. God send you a good deliverance. The other prisoners were then severally arraigned in the same form. "I All of them, after some little hesitation and argument, pleaded Not Guilty, except George Fleetwood, who said, must confess I am Guilty;" and presented a petition to the Court addressed to the King. Henry Marten (the facetious and learned republican) claimed the benefit of the Act of Indemnity; and, on being told he was excepted out of it by name, he alleged his name was not in the act, for his name was Harry Marten, and not Henry Martin, as in the Act. The Court said, "The difference of the sound is very little; you are known as Henry Martin ;" and over-ruled the objection. The fanatical John Carew said he was Not Guilty, "saving to our Lord Jesus Christ his right to the government of these Kingdoms." Hugh Peters, the extravagant Commonwealth preacher, when called upon for his plea, said, “I would not, for ten thousand worlds, say I am Guilty,-I am not Guilty:" and when asked how he would be tried, said, "By the word of God;" which occasioned some laughter in the crowded audience. Colonel Axtell, when asked how he would be tried, replied, "By twelve lawful men, according to the constitutions of the law." Court. That is by God and the country. Axtell. That is not lawful, · God is not locally here. He presently, however, submitted, and gave the usual answer. The Court then adjourned. On the 11th of October, the Court assembled in the morning, and the trials of the prisoners commenced. The body of the Court and the galleries were crowded with spectators. Harrison, Scroop, Carew, Jones, Clement, and Scot, were brought to the bar. if Court. You that are the prisoners at the bar, you, or any of you, desire pen, ink, and paper, you shall have it: and if you, or any of you, will challenge any of the jury, you may when they come to be sworn, and that before they are sworn. Sir Thomas Allen, the first juror, was then called and sworn. Sir Joshua Ash, who was next called, was excepted to by Mr. Scroop, as was Sir Jeremy Whichcote by Harrison. |