HISTORY

OF THREE OF THE JUDGES

OF KING CHARLES I.

WHO, ESCAPING ROYAL VENGEANCE, FOUND AN ASYLUM IN NEW-ENGLAND, AND PARTICULARLY IN CONNECTICUT.

CHAP. I.

Of the Three Judges feparately, and before their Exile.

OF

F about one hundred and thirty Judges, appointed in the original commiffion, by the commons' Houfe of Parliament, for the tryal of King Charles I. only feventy-four fat, and of these, fixty-feven were prefent at the last feffion, and were unanimous in paffing the definitive fentence upon the King; and fiftynine figned the warrant for his execution, 1649. Óf thefe fifty-nine, about one-third, or twenty-four, were dead at the Reftoration, 1660. Twenty-feven perfons, Judges and others, were then taken, tried and condemned; fome of which were pardoned, and nine of the Judges, and five others, as accomplices, were executed. Only fixteen Judges fled, and finally escaped : three of whom, Major-General EDWARD WHALLEY, Major-General WILLIAM GOFFE, and Colonel JOHN DIXWELL, fled and fecreted themselves in NewEngland, and died here. One of the Judges piftoled himself in Holland, another fled to Lausanna, and was

affaffinated there: what became of the reft is to me unknown, and perhaps is yet in undetected oblivion. I am to write the hiftory of thofe three only, who fled to America and died here. These came to New-England, and found a friendly asylum and concealment in Maffachusetts and Connecticut: and Col. Dixwell lies buried in New-Haven. I fhall collect and digest the memoirs of these three Judges; whofe hiftory being 'partly combined, and partly difconnected, may fometimes involve repetitions.

The æra is now arrived, when tribunals for the trial of delinquent Majefty, of Kings and Sovereign Rulers, will be provided for, in the future policies and conftitutions of Sovereignties, Empires and Republics: when this heroic and high example of doing justice to criminal Royalty, of the adjudication of a King, will be recurred to and contemplated with justice and impartiality. And however it has been overwhelmed with infamy for a century and a half, will hereafter be approved, admired and imitated; and the memoirs of thefe fuffering exiles will be immortalized with honor.

A full account of them cannot yet be collected, as part of their history lies ftill concealed on the other fide of the Atlantic. But although time and future researches may amplify the information concerning them, it is however prefumed fo much may be now collected, as may enable pofterity and the world to form a juft and true idea and estimate of the principles, designs and characters of these illuftrious Worthies.

GENERAL WHALLEY.

"The Whalleys are of great antiquity," fays the Reverend Mark Noble, in his memoirs of the family of CROMWELL. The General defcended from the family of Whalley, which figured in England in the reign of Henry the fixth. Richard Whalley, Efq. of Kirkton, in the county of Nottingham, was a man of great opulence; a member of parliament for Scarbo

"He was looked upon with jealousy by Parliament after the refignation of Richard the Protector, especially as he leaned fo much to the interefts of the army. For this reason they took from him his Commiffion.This ftill endeared him the more to the army, who when Monk's conduct began to be problematical, deputed him one of their commiffioners to agree to terms of peace and amity with that in Scotland. But Monk, who knew his hatred to the royal family, and how much reafon he had to dread their return, abfolutely refused to treat with him.”

"The Reftoration of monarchy foon after becoming visible, he faw the danger of the fituation. For besides the lofs of the eftate he poffeffed of the Duke of Newcastle, and the manors of Weft-Walton and Torrington, in the county of Norfolk, part of Queen Henrietta Maria's jointure, which he had purchased, and whatever else estate he had, he knew even his life would be offered up to the fhrine of the King, whom he had condemned to death: he therefore prudently retired.September 22, 1660, a proclamation was published, fetting forth, that he had left the kingdom, but as there was great reason to fuppofe he was returned, 100. was offered to any who fhould difcover him in any of the British dominions, and caufe him to be brought in alive, or dead, if he made any refiftance. Colonel Goffe was included in this proclamation."+

Here the European hiftorians are loft. They reprefent that these two exiles escaped to the continent, and were at Lucerne, in Switzerland, in 1664; where fome fay that they died; others, that leaving that place, they privately wandered about for fome years, and died in a foreign clime, but when or where unknown. But truely their remaining hiftory, after they left England, 1660, is to be traced only in America.

Noble. P. 184.

Mr. Noble gives this character of General Whalley: "His valor and military knowledge were confeffedly great; his religious fentiments wild and enthufiaftic. From a merchant's counter to rife to fo many and fo high offices in the ftate, and to conduct himself with propriety in them, fufficiently evinces that he had good abilities: nor is his honesty questioned by any, which, as one of the King's Judges, and a Major-General, would lay him open to a very narrow fcrutiny."

General Edward Whalley married the fifter of Sir George Middleton, Knight, who was as great an enemy to King Charles I. as he was a friend to King Charles II. " By her he had feveral children, and one born fo late as 1656. What became of them is unknown, except John, his eldest fon and heir, who was a cornet of hore, and who was returned member of Parliament for the town of Nottingham, 1658-9, and alfo for the borough of Shercham. He married the daughter of Sir Herbert Springer, Knight, by whom he had Herbert Whalley, Efq. his eldeft fon and heir; who, though King Charles II. granted the manor, the Parliament had given to the Major-General, once belonging to the Earl, then Marquis, then Duke of Newcastle, with all the rest of his own lands, forfeited to the Crown by any of the purchafers, yet this Herbert Whalley, Efq. was, 1672, in poffeffion of fome of the paternal inheritance of the Whalley's which had been purchafed by his Grace's ancestors from them, but by mortgage which the Duke, when Earl, made to Sir Arnold Waring fome years before, through affignments or heirfhips, became vested in this Herbert."

Of Whalley's children, Noble knew none but John. But he had a daughter who was married to General Goffe; whom Goffe left in England, and with whom he kept up a conftant correfpondence, by the name of Mother Goldfmith, while in exile in New-England.

The laft of his letters to her was dated at Hadley, 1679. Goffe had feveral children by her, whom he left in England.

Henry Whalley, brother of the Major-General, is faid to have been an Alderman of London. From the regard his coufin Henry Cromwell, Lord-Deputy, had for him, he was promoted to the office of Judge-Advocate of the armies of England and Scotland before 1655. He continued in Scotland during the remainder of the protectorate of Oliver; and in 1656, reprefented the Sheriffdom of Selkirk and Peebles in the British Parliament and was one of those who figned the order for proclaiming his coufin Richard, Lord Protector.

In verification of Noble's account of the family and connections of Whalley, I add an extract from the Fafti Oxonienfes, P. 9o." Oliver Cromwell had feveral uncles, whofe defcendants taking not part with him, only one or two, they were not preferred by him. He had alfo five aunts, the eldest of which, named Joane, was married to Francis Barrington, whofe fon Robert was countenanced by Oliver. The fecond named Elizabeth, was wife of John Hamden, of Hamden in Bucks, father of John Hamden, one of the five members of Parliament, excepted againft by Charles I. and a Colonel for the Parliament in the beginning of the rebellion. Which John loft his life in their fervice in June 1643. By this match Oliver Cromwell came to be related to the Ingoldefbies, and Goodwins, of Bucks. The third, named Frances, was the fecond wife of Richard Whalley, of Kirton, in Nottinghamfhire, father to Edward Whalley, a Colonel in the Parliament army, one of the King's Judges, Commisfary-General in Scotland, one of Oliver's Lords, and a Major-General. He fled from juftice upon the approach of the return of King Charles II. and lived and died in a strange land."

The heroic acts and atchievements of Gen. Whalley

B