The Regicides

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Contents

Introduction

There were 76 judges of the High Court of Justice who ruled that Charles I of England was to be executed for the crime of treason and there were 59 men who actually signed his death warrant in 1649.

The judge John Bradshaw who tried Charles I was the first to sign warrant followed by 58 others Oliver Cromwell was third signature. After republic failed and Charles II returned to England there was clamour for those who had been instrumental in bring Charles to court should be punished so that a line could be drawn under the interregnum

The chief prosecutor was Solicitor General Finch was out to make a name for himself in this most famous case.

Of the Eighteen or nineteen who had fled the country about a dozen were tracked down and assassinated. Twenty-nine remained to be tried. Some were puritan zealots such as Thomas Harrison (17). Atheists like Henry Martin 31 were republicans. Other prominent defendants included Hugh Peters, Daniel Axtel, John Cooke and John Downes.

Judge was royalist ? who lived a quiet life during Oliver Cromwell's reign. Judge addressed the accused at the start of the trial King can do know wrong so ?

Thomas Harrison son of Staffordshire butcher, zealot and ruthless soldier. He signed warrant because he felt Charles 1 was responsible for the bloodshed of the Civil War, especially for his actions that led to outbreak of the 2nd Civil War. It was Harrison who called Charles that man of blood. Belonged to the Fifth Monarchy Men. He pleaded Not Guilty arguing that Charles was executed by the will of Parliament and he did what he did out of conscience of the Lord and for the good of the Commonwealth. Found guilty by Thursday and executed 36 hours later (hanged drawn and quartered). Pepys said of Harrison.....

Hugh Peters – a firebrand American puritan preacher. Peters had fled to America during Charles 1st reign. He was famous for eve of battle sermons and was close to TC. Hugh Peters had visited Charles 1st before his trial in hope that Charles 1st would repent bur Charles 1st would not hear him. Peters was subdued during his trial but occasionally flashes of the old firebrand were glimpsed. Peters was a broken man but touched a nerve when he repeated that the Kings death was God’s judgment on Charles’ wicked reign. He denied he preached incitement to kill the King merely to see the errors of his ways.

Henry Martin was an atheist, Republican and womanizer who would rather command a quote “regiment of whores than a regiment of horse”. He argued that he was following the appointed Parliament. He suggested that many who were sitting in the court thought and believed many of the same things. He was no martyr and pleaded for clemency. He was jailed for life

John Cooke. He was a radical and clever lawyer. It was he who wrestled with how the King could be put on trial when the King was the representation of the law and could do no wrong and was above the law. Cooke was lead prosecutor in the trial of the King. The King would not recognize the court and if he would not plead he could not tried but his lack of a response Cooke argued was an admissions on guilt “Pro confesso” Cooke at his trial said that in retrospect because there was no plea therefore there was no trial. Cooke went on to say that he was merely doing his profession and paid a fee for such. At his execution he said We are not traitors or murderers or fanatics, but true Christians and good commonwealthsmen, fixed and constant in that noble principle of preferring the universality before particularity. We fought for the public good and would have enfranchised the people and secured the welfare of the whole groaning creation, if the nation had not more delighted in servitude than in freedom - [1]

Daniel Axtel was in command of the guard that kept order in the Parliament. He was a grocer by profession and rose to prominence during the Civil Wars. He was one of a new breed of radical soldiers demanding new rights. His defence was similar to other regicides who argues that they were not acting out of malice but doing his duty. He was hanged drawn and quartered.

John Downes had first been elected during Charles’ 1 reign, He was a more prominent businessman than he was a parliamentarian. Although he signed the warrant he did try and plead the King’s case and argues that the other commissioners should offer the King another compromise. Although originally sentenced to death it was commuted to life in prison on account of him being intimidated by the other signers of the warrant, soldiers and the general ferment of the times.

It took just over a week to try all 29 regicides and all were found guilty 10 were executed and 19 died in jail. Some died in 6 years and some like Martin survived 19 years before he went mad and died. Just a few years later James III would be deposed by parliament and replaced by a Dutch prince and a new bill of rights.

Commissioners

In the order in which they signed the death warrant, the Commissioners were:

  Name At the Restoration in 1660 Notes
1. John Bradshaw, President of the Court Dead Posthumous execution: disinterred, hanged at Tyburn and beheaded. The body thrown into a pit and the head placed on a spike at the end of Westminster Hall (the building where the trial of Charles I had taken place).[2]
2. Lord Grey of Groby Dead Died in 1657.
3. Oliver Cromwell Dead Posthumous execution: disinterred, hanged at Tyburn and beheaded. The body thrown into a pit and the head placed on a spike at the end of Westminster Hall (the building where the trial of Charles I had taken place).[2]
4. Edward Whalley Alive Fled to North America to avoid trial. Alive but in poor health in 1674, and probably did not live long afterwards.
5. Sir Michael Livesey, 1st Baronet Alive Fled to the Netherlands.
6. John Okey Alive Fled to Germany, but was arrested by the English ambassador to the Netherlands, Sir George Downing. He was tried, found guilty and hanged, drawn and quartered in 1662.
7. Sir John Danvers Dead Died in 1655.
8. Sir John Bourchier Alive Too ill to be tried and died soon after the Restoration in 1660.
9. Henry Ireton Dead Posthumous execution: disinterred, hanged at Tyburn and beheaded. The body thrown into a pit and the head placed on a spike at end the of Westminster Hall (the building where the trial of Charles I had taken place).[2]
10. Sir Thomas Mauleverer, 1st Baronet Dead Died 1655.
11. Sir Hardress Waller Alive Fled to France; later returned and was found guilty. Sentenced to death, but the sentence was commuted to life imprisonment. Died 1666 in prison on Jersey.
12. John Blakiston Dead Died 1649.
13. John Hutchinson Alive Imprisoned in Sandown Castle, Kent where he died on 11 September 1664.
14. William Goffe Alive Fled to America and died in 1679.
15. Thomas Pride Dead Posthumous execution ordered but not carried out.
16. Peter Temple Alive Brought to trial, sentenced to death but sentence was commuted to life imprisonment. He died in the Tower of London in 1663.
17. Thomas Harrison Alive First to be found guilty. Was hanged, drawn and quartered at Charing Cross on Saturday 13 October 1660. He was a leader of the Fifth Monarchists who still posed a threat to the restoration.
18. John Hewson Alive Fled to Amsterdam. Died 1662.
19. Henry Smith Alive Brought to trial, sentenced to death but sentence was commuted to life imprisonment. He was held in the Tower of London until 1664 and was transported to Mont Orgueil castle in Jersey. Died 1668.
20. Sir Peregrine Pelham Dead Died in 1650.
21. Richard Deane Dead Died in 1653. Disinterred.
22. Sir Robert Tichborne Alive Brought to trial, sentenced to death but was reprieved. He spent the rest of life imprisoned in the Tower of London Died 1682.
23. Humphrey Edwards Dead Died in 1658.
24. Daniel Blagrave Alive Fled to Aachen, in what is now Germany. Died 1668.
25. Owen Rowe Alive Brought to trial, sentenced to life imprisonment in the Tower of London where he died in December 1661.
26. William Purefoy Dead Died in 1659.
27. Adrian Scroope Alive Tried, found guilty: hanged, drawn and quartered at Charing Cross on Wednesday 17 October 1660.
28. James Temple Alive Brought to trial, sentenced to life imprisonment on Jersey. Died 17 February 1680.[3]
29. Augustine Garland Alive Brought to trial, his death sentence was commuted to life imprisonment.
30. Edmund Ludlow Alive Surrendered to the Speaker of the House of Commons, and then escaped to the Canton of Bern. Died 1692.
31. Henry Marten Alive Tried, found guilty of regicide, and sentenced to life imprisonment in Chepstow Castle. Died 1680.
32. Vincent Potter Alive Brought to trial, he received the death sentence but died before its execution. Died either 1661 or 1662.
33. Sir William Constable, 1st Baronet Dead Died in 1655 — however his body was exhumed from Westminster Abbey and reburied in a communal burial pit after the Restoration.
34. Sir Richard Ingoldsby Alive Pardoned. Died 1685.
35. William Cawley Alive Escaped to Switzerland. Died 1667.
36. John Barkstead Alive Arrested by the English ambassador to the Netherlands Sir George Downing, extradited and executed in 1662.
37. Isaac Ewer Dead Died in 1650 or 1651.
38. John Dixwell Alive Believed dead in England; fled to America, where he died under an assumed name. Died 1689.
39. Valentine Walton Alive Escaped to Germany after being condemned as a regicide. Died 1661.
40. Simon Mayne Alive Tried and sentenced to death, he died in the Tower of London in 1661 before his appeal could be heard.
41. Thomas Horton Dead Family estates confiscated. Had died 1649.
42. John Jones Maesygarnedd Alive Tried, found guilty: hanged, drawn and quartered at Charing Cross on Wednesday 17 October 1660.
43. John Moore Dead In 1649, fought in Ireland against the Marquess of Ormonde and became Governor of Dublin, dying of a fever there in 1650.
44. Gilbert Millington Alive After Charles's death, remained member of Rump Parliament until Cromwell dissolved it. After the Restoration was himself arraigned and confessed to being "guilty in every way." Tried and sentenced to death, but sentence commuted to life imprisonment. Spent final years in Jersey and died in 1666.
45. George Fleetwood Alive Brought to trial and sentenced to imprisonment in the Tower of London. He may have been transported to Tangier. Died 1672?
46. John Alured Dead Died in 1651.
47. Robert Lilburne Alive Founder of The Levellers. Tried Tuesday 16 October 1660, sentenced to death, later commuted to life imprisonment. Died in prison in August 1665.
48. William Say Alive Escaped to Switzerland. Died 1666.
49. Anthony Stapley Dead Died in 1655.
50. Sir Gregory Norton, 1st Baronet Dead Died 1652.
51. Thomas Challoner Alive Excluded from pardon and escaped to the Continent. In 1661, he died at Middelburg in the Netherlands.
52. Thomas Wogan Alive Held at York Castle until 1664 when he escaped to the Netherlands.
53. John Venn Dead Died in 1650.
54. Gregory Clement Alive Went into hiding, captured, tried, found guilty; and hanged, drawn and quartered at Charing Cross on Wednesday 17 October 1660.
55. John Downes Alive Tried, found guilty of regicide, and sentenced to life imprisonment. Died 1666.
56. Thomas Waite Alive Tried, found guilty of regicide, and sentenced to life imprisonment. Died 1668.
57. Thomas Scot Alive Fled to Brussels, returned to England, was tried, found guilty; and hanged, drawn and quartered at Charing Cross on Wednesday 17 October 1660. Died unrepentant.
58. John Carew Alive Joined Fifth Monarchists. Tried, found guilty; and hanged, drawn and quartered at Charing Cross on Monday 15 October 1660.
59. Miles Corbet Alive Fled to the Netherlands; arrested by the English ambassador to the Netherlands Sir George Downing; extradited; tried; found guilty; and was hanged, drawn and quartered on 19 April 1662.

Commissioners who did not sign

Name At the Restoration in 1660 Notes
Sir Thomas Andrewes (or Andrews) Dead Attended 3 sessions, including 27 January when the sentence was agreed upon. His name was one of 24 dead regicides who were excepted from the Indemnity and Oblivion Act on 9 June 1660 (see section XXXVIII of the act).
Francis Allen Dead Attended several session including the 27 January when the sentence was agreed upon. His name was one of 24 dead regicides who were excepted from the Indemnity and Oblivion Act on 9 June 1660 (see section XXXVIII of the act).
James Challoner (or Chaloner) Alive Brother of Thomas Challoner. He died in July 1660 from an illness caught after being imprisoned the previous year for supporting General Monck.[4]
John Dove Alive He took no part in the trial other than being present when the sentence was agreed on. At the Restoration he was contrite and, after making an abject submission to Parliament, he was allowed to depart unpunished.[5] Died 1664 or 1665.
John Fry Dead He was debarred from sitting on the High Court for heterodoxy on 26 January 1649, one day before the sentence was pronounced. His name was one of 20 dead regicides who were excepted from the Indemnity and Oblivion Act on 9 June 1660.[6] Died 1657.
Thomas Hammond Dead Attended 14 sessions. He was excepted from the Indemnity and Oblivion Act, allowing the state to confiscate the property that had belonged to him.[7]
Sir James Harington, 3rd Baronet Alive Escaped and died in exile on the European mainland in 1680. Due to an oversight in the Indemnity and Oblivion Act, although he lost his title, the baronetcy passed to the next in line on his death.
Edmond Harvey Alive Attended the King's trial and sat on the committee to prepare the final charge, but did not sign the death warrant. After the Restoration he was held in the Tower of London after being attainted for high treason[8][9] He was tried on 16 October 1660, and sentenced to life imprisonment. He died in Pendennis Castle, Cornwall, in June 1673.[10]
William Heveningham Alive Found guilty of treason but successfully petitioned for mercy and was thereafter imprisoned in Windsor Castle until his death in 1678.
Francis Lassells Alive Not excluded from the general pardon under the Indemnity and Oblivion Act, but he was ordered to pay one year's rent on his estate to Charles II and along with John Hutchinson forbidden to hold any public office. Died 1667.
Sir John Lisle Alive Escaped to Lausanne in Switzerland but was shot or stabbed by Irish Royalist James Cotter (using the alias Thomas Macdonnell) in August 1664.
Thomas Lister Alive He petitioned Parliament successfully that he was not present when the King was tried and sentenced, and although he was excluded from the Indemnity and Oblivion Act, he was merely banned for life from holding any office.[11] Died 1668.
Nicholas Love Alive Escaped to Hamburg. Died in Vevey, Switzerland in 1682.
Sir Henry Mildmay Alive Tried, stripped of his knighthood and sentenced to life imprisonment. He died before he was due to be transported to Tangier in 1664.
William Mounson, 1st Viscount Monson Alive Tried, stripped of his titles and property and imprisoned for life in the Fleet Prison where he died in 1673.
Isaac Penington Alive Sentenced to life imprisonment and died in the Tower of London in 1661.
Sir Gilbert Pickering, 1st Baronet Alive He only attended two sittings at the trial and he did not sign Charles's death warrant, so he was able to use the influence of his brother-in-law Earl of Sandwich, to secure his pardon, although he was banned for life from holding any office.[12]
Robert Wallop Alive Sentenced to life imprisonment and died in the Tower of London in 1667.
Thomas Fairfax, 3rd Lord Fairfax of Cameron Alive He refused to sign and was later given a royal pardon and was allowed to keep his titles despite his involvement as Lord General of the Parliamentarian Forces.

Associates

Name Office At the Restoration in 1660 Notes
Daniel Axtell Officer of the Guard Alive Tried, found guilty of participating in the regicide; hanged, drawn and quartered at Tyburn on Thursday 19 October 1660.
Andrew Broughton Clerk of the Court Alive Escaped to Switzerland in 1663.[13] Died 1687.
John Cooke Solicitor-General Alive Tried, found guilty of regicide; hanged, drawn and quartered at Charing Cross on Tuesday 16 October 1660.
Edward Dendy Serjeant-at-Arms Alive Escaped to Switzerland in 1663.[13]
Dr Isaac Dorislaus Assistant to the Solicitor-General Dead A distinguished scholar from the Netherlands, he was murdered in the Hague in 1649 by royalist refugees.
Francis Hacker Officer of the Guard Alive Tried, found guilty of signing the execution order; hanged at Tyburn on 19 October 1660.[14]
William Hewlett Captain in the Guard Alive Found guilty of regicide at the same trial as Daniel Axtel, but not executed with him.
Cornelius Holland Member of Council of State Alive Escaped to Lausanne, Switzerland at Restoration. Died 1671.
Hercules Huncks Officer of the Guard Alive Refused to sign the order to the executioners, which Hacker did instead. He testified against Axtel and Hacker, and was pardoned. Died 1660.
Robert Phayre Officer of the Guard Alive Refused to sign the order to the executioners. Not tried, released in 1662. Died 1682.
Hugh Peters Preacher Alive Tried, found guilty of inciting regicide; hanged, drawn and quartered at Charing Cross on Tuesday 16 October 1660.
John Phelps Clerk of the Court Alive Escaped to Switzerland. Died 1666.
Matthew Thomlinson Officer of the Guard Alive Pardoned for showing courtesy to the King and for testifying against Axtell and Hacker. Died 1681.

Commentary

Geoffrey Robinson Q.C believe that history has been unduly unkind to the King Killers. He believes they were men of principle and although the conduct of the trial of Charles would not pass muster in a 21st Century court it showed at least a tilt towards a balanced legal proceeding. In fact the court's attempt to conduct a court case based on the due process of law almost led to the whole trial unravelling when Charles refused to acknowledge the court's authority to try a sovereign king. Rex was lex! Robinson suggest that in the minds of some at least, the verdict was not preordained. John Cooke from the outset thought that the trial would lead top some reconciliation, at lat between King and Parliament and maybe Charles, himself was coming around to that conclusion but Charles always overplayed his weak hand and his arrogance lost him any supporters amongst the judges. Robinson continues to draw comparisons between the Republicans and Monarchists in terms of however bad parliament sometimes acted, this nascent democratic body acted with more semblance of fairness than had Charles had everything his own way.

Robinson then draws comparisons with the Restorations trials of the King's Killers by arguing that there was less due process that under Charles' trial and that the juries were directed to find all the defendants guilty. Given the speed of the trials this seems plausible. Less plausible is his assertion that the Glorious Revolution was no more than a regranting of just a few of the powers Parliament lost after the fall of the Republic. Nevertheless, despite a revengeful Cavalier parliament after 1660, the people nor Charles II himself were in the mood for gory public executions. After the initial hanging, drawing and quartering of the leading regicides, there was not much appetite for such a public display. Perhaps the people themselves were so compromised with switching sides to back whatever faction was in power they saw in the condemned men, themselves and may have thought 'there but for the grace of God, go I"

  1. ↑ http://www.historytoday.com/geoffrey-robertson/what-regicides-did-us#sthash.W9ODSaqt.dpuf
  2. ↑ 2.0 2.1 2.2 Template:Harvnb
  3. ↑ Balleine's History Of Jersey, page 148
  4. ↑ Oxford Dictionary of National Biography. Chaloner, James.
  5. ↑ Oxford Dictionary of National Biography. Dove, John (d. 1664/5)
  6. ↑ Oxford Dictionary of National Biography. Fry, John (c.1609–1656/7)
  7. ↑ Oxford Dictionary of National Biography. Hammond, Thomas (c.1600–1658)
  8. ↑ House of Lords Journal Volume 11 7 February 1662 Attainted Persons brought to the Bar
  9. ↑ House of Commons Journal Volume 8: Executing Regicides 27 January 1662
  10. ↑ Oxford Dictionary of National Biography. Harvey, Edmund (c.1601–1673)
  11. ↑ Oxford Dictionary of National Biography. Lister, Thomas (1597–1668)
  12. ↑ Oxford Dictionary of National Biography. Pickering, Sir Gilbert
  13. ↑ 13.0 13.1 Template:Cite book
  14. ↑ Extracts from the transcript of the October 1660 trial and execution of 10 regicides At the end of the article there is a description of the executions. They were all hanged, drawn and quartered except for Francis Hacker who was hanged.


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