THE MANNER OF THE Arraignment OF Those Twenty eight Persons who were appointed to be tried at the Sessions-House in the Old-Bayly on Wednesday the tenth day of October 1660. by a special Commission of Oyer and Terminer from His Sacred Majesty. LONDON, Printed for J. S. and Edward Thomas. Oct: 11. 1660. ABout the Hour of seven of the clock, on Wednesday Morning the 10. of this instant October, the Sheriff of London, with his Officers, and a considerable part of the Trained Bands, went towards the Tower of London, to take into custody the several persons following, who were ordered by his Majesties special Commission of Oyer and Terminer, to be tried in the Old bailie, London, and about Ten of the clock, being Guarded by the Green Regiment of the Trained Band to Newgate, the Presse-yard being prepared to receive them, and being conducted likewise thither by a Troop of Horse, they were all secured in the said Presse-yard accordingly, viz. Sir Hardresse Waller, William Heveningham. Henry Martin. Robert Tichburne Robert Lilburne John Carew. Thomas SCOT. Thomas Harison, Isaac Pennington. Gilbert Millington. own row. Adrian scroop. John Jones. Gregory Clement. John cook, Henry Smith. Vincent Potter. George Fleetwood. James Temple. Thomas wait. Francis Hacker. edmond Harvey. John downs. Augustine Garland. simon main. ●eter Temple. Hugh Peters, daniel Axtell. All the way as they passed to the place aforesaid, Col. Harison carried himself rather like one whose conscience was Seared with the Guilt of Blood, and so Impudently to Out-face all legal Authority as knowing he must suffer, rather then some others among them whose sense of their own Guilt made their Countenances to change, and their Hearts to fail them. The Court by this time being Sate, having first red their Commissions and called the Jury, the Prisoners was sent for to the Common house before the Bench; a place being made on purpose from the Presse-yard to the Sessions House to avoid the press of the people which were so Numerous in the streets, that all the way as they came to Newgate, you could hear nothing for Deriding shouts, nor hardly se them for the crowd of the Multitude. The Court now called three of the Prisoners to the Bar. Viz. Sir Har. Waller, Coll. Harison, William Heveningham. The first was Sir Hardresse Waller which with the two others were indicted to the purpose to lowing. That they together with Oliver cronwell, Henry Ireton, Robert ●itchborne, Isaac Pennington, Robert Lilburne 〈◇〉 Hewson Late of the City of Westminster shoemaker, & ● Had Wilfully, Maliciously, and Tr●iterously, Advi●●● Abetted, Assisted, contrived, and Compasled the D●●●●● of our Late Dread sovereign Charles the First by the Grace of God of ever Blessed Memory KING of England Scotland, France and Ireland, Defender of the Faith, &c: Sir Hardresse Waller began to excuse his long being out of England and unacquaintance with English Affairs, but being bid to answer positively, Whether he was Guilty or not Guilt● of the High Treason whereof he had been Indicted, and then arraigned. Answered, Guilty. mayor General Harison( at first refused to hold up his Hand) b●ing put to the same Question seemed at first to Question the Court, and sometimes to Fly into Fift Monarchy terms, as of the kingdom of Jesus Christ, &c. After Seven or Eight times asking whether he would pleed Guilty or not Guilty, carelessly and as if unconcerned, Answered, Not Gtilty William Heveningham answered the same. These being dismissed, the next who was called to the Bar were. Isaac Pennington, Gilbert Millington, own row, Henry martin, Robert Titchburne, Robert Liburne. Isaac Pennington's Age g●ve him not time to make long Apologies, for he very suddenly answered Not Guilty. And so did Gilbert Millington, and own row Henry martin being the next began to Quibble with the COURT, and to deny his Name to be mentioned in the ACT; whereupon the COURT were put to the trouble of calling for the Act of Oblivion; and there re●d his Name: but Harry answered, that his name was martin not Martin, as in the Act expressed. But being told ●hey knew him to be the Man let his Name be what it would; and was bid to answer as aforesaid. Who then said: Not Guilty. Coll. Tichburne being next, began to excuse his want of skill in Law Affairs; pleading that he was before very wise, learned and judicious Lawyers, and that he being unable to pled for himself, desired the Court to assign him council to assist him therein. To which it was answered, That he was not yet come to his trial, being now only Arraigned, and if he had any thing upon his trial to say, he should then move it; and so was asked again guilty or not guilty? To which he could not tell what to answer, That he did aclowledge part of the Indictment, but could not do so by the form of it. But being told he must say Guilty or not; He answered. Not Guilty. colonel Lilburne answered the like. These being likewise dispatched, Another Indictment was brought in to the aforesaid effect, against Adrian scroop. John Jones. Gregory Clement. John Carew: Thomas Scot. John cook. All which pleaded not Guilty. Mr. Scot at first indeed began to put Questions to the Court; But although he formerly said in the Rump-Parliament House upon jealousies of the Kings coming home, That he desired no greater Monument to be written upon his Tomb, then Inscription, Thomas Scot one of the Judges of Charles Stuart King of England, yet he pleaded not Guilty to the Indictment. John cook would have said something likewise, but being minded that he understood the Law better, then to deny to pled, answered thereunto. There was nothing material in the answers of the next Five who were put in another Indictment, viz. edmond Harvey. Vincent Potter. John downs. Aug. Garland. Henry Smith. Who all answered not Guilty. The last Eight are now called to the Bar, who being all as aforesaid commanded to hold up their hands whilst the Indictment was red; the Clerk of the Peace proceeded as is before expressed against George Fleetwood. James Temple. Tho. wait. Francis Hacker. simon main. Peter Temple. Hugh Peters: Dantell Axtell. Colonel George Fleetwood being first asked the question of Guilty or not Guilty, never Demurred but presently answered, Guilty. And thereupon delivered unto the Court his Petition begging mercy as Sir Hardresse Waller had done before him. main both the Temples and wait pleaded not Guilty. Hugh Peters being asked whether he was Guilty of the High Treason whereof he was Indicted and then Arraigned; answered, My Lord, I would not say Guilty for Ten thousand Worlds. Being again asked the same Question, he answered, not Guilty. colonel Francis Hacker did the like. Col. daniel Axtell, desired he might have the Liberry of an English Man, that the Law was his Birth-right, and so he might lawfully claim it, That he did conceive there was Law in his Case, and so desired to have council in it, That he did believe the Parliament— But there he was bid to pled to the Indictment, Guilty or not guilty, which after much roving and being told the Danger of standing out, he answered. Why then, not Guilty. And being asked by whom he would be tried, he did not answer; at which one bid him answer? By God and his Country. But he answered, he could not do so; For he did not believe God to be there, In conclusion, he said, He would be tried by the Lord Jesus Christ and by his Country; Whereupon they were all sent back again to the Presse-yard; and the Court Adjourned till to Morrow Morning at Nine of the Clock. FINIS.