John Phelps (regicide) - Prosecution After The Restoration

Prosecution After The Restoration

In August 1660, following the Restoration of Charles II, the Act of Indemnity and Oblivion was passed as a gesture of reconciliation to reunite the kingdom. A free pardon was granted to everyone who had supported the Commonwealth and Protectorate, except for those who had directly participated in the trial and execution of King Charles I eleven years previously. In England, a special court was appointed and in October 1660 those Regicides who were still alive and living in Britain were brought to trial. Phelps was among those sought for prosecution.

III. William Lord Mounson, Sir Henry Mildmay, Sir James Harrington, Robert Wallop, and John Phelps, degraded. And be it further enacted by the Authority aforesaid That William Lord Mounson Sir Henry Mildmay Sir James Harrington Robert Wallop Esquire and John Phelps and every of them shall be and are hereby degraded from and made uncapable of all and every the Titles of Honour Dignities and Preheminencies which they or any of them now have or which at any time hereafter may descend unto them And that neither they or any of them shall att any time hereafter have beare or use the Name Stile Addition or Title of Lord Baronett Knight Esquire or Gentleman or any of them nor shall use or have any Coates or Escutcheons of Armes whatsoever nor any other legall Title or addition whatsoever but shall be for ever reputed and are hereby declared to bee Persons of Dishonour and Infamy.

Phelps penalty, should he be arrested, was to be "drawne upon Sledges with Ropes about theire necks:"

IV. William Mounson; Henry Mildmay, James Harrington, Robert Wallop, and John Phelps, to be drawn to Tyburn, as Persons executed for Treason, and back, and then imprisoned. And further that they the said William Mounson Henry Mildmay James Harrington Robert Wallop and John Phelps and every of them shall upon the seaven and twentieth day of January which shall be in the yeare of our Lord One thousand six hundred sixty one or so soon after as they shall be apprehended carried to the Tower of London and from thence drawne upon Sledges with Ropes about theire necks and according to the manner of persons executed for High Treason quite through the streets of London unto the Gallows att Tiburn and from thence in like manner be brought back again to the Tower of London and or in such other Prison as his Majesty shall thinke fitt continue Prisoners and suffer paines of Imprisonment for and during the term of theire naturall lives.

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