Page:Dictionary of National Biography volume 60.djvu/401

 ances of his soldiers (Clarke Papers, i. 33, 36, 58, 70). When Cornet Joyce seized Charles I at Holdenby, Sir Thomas Fairfax ordered Whalley and his regiment to take the charge of the king (ib. i. 122; Old Parliamentary History, xv. 401, 409, 414, 494). This led to a dispute between Whalley and the parliamentary commissioners, who ordered him to remove the king's episcopalian chaplains, which he declined to do without instructions from his general (ib. xvi. 46–9). As the custodian of the king he showed both courtesy and firmness, and when Charles fled from Hampton Court he left behind him a letter thanking Whalley for his civility (ib. xvi. 327;, vii. 795, 843). The narrative of the king's flight which Whalley gave the House of Commons is printed in Peck's ‘Desiderata Curiosa’ (ed. 1779, p. 374).

When the second civil war broke out Whalley fought under Fairfax at the battle of Maidstone, was then sent to pursue the Earl of Norwich, and finally took part in the siege of Colchester (Clarke Papers, ii. 24–7;, Great Civil War, iv. 142, 145). He was appointed on 6 Jan. 1649 one of the commissioners for the trial of the king, attended every sitting with one exception, and signed the death-warrant (, Trial of Charles I).

During the republic Whalley's importance was purely military; he neither sat in the Long parliament nor was he a member of any of the councils of state. In 1650 he accompanied Cromwell in his invasion of Scotland, with the rank of commissary-general of the horse, and played a prominent part in the battle of Dunbar, where he was wounded and had his horse killed under him (Memoirs of Sir H. Slingsby and Captain John Hodgson, ed. 1806, pp. 228, 302; Portland MSS. i. 608;, Cromwell, letter cxl). In October 1650 Whalley was posted at Carlisle to watch the remonstrants under Ker and Strachan in south-west Scotland. He tried to convert the leaders by controversial letters, which failing, he assisted Lambert in defeating Ker at Hamilton on 1 Dec. 1650 (ib. p. 330;, Cromwell, letter cliii; Mercurius Politicus, p. 429). In 1651 he accompanied Cromwell in his pursuit of Charles II, and fought at Worcester on 3 Sept. (Old Parliamentary History, xix. 511).

Whalley presented the petition of the army to parliament on 13 Aug. 1652 (ib. xx. 97), approved of the expulsion of the parliament by Cromwell, and was an active supporter of the protectorate. In the two parliaments called by the Protector he represented Nottinghamshire, but took little part in their debates, except on the case of James Naylor [q. v.], the quaker, against whom he was extremely zealous (, Diary, i. 101, 153, 260). A bill dealing with the division of commons was his sole attempt at legislation (ib. i. 175). When the major-generals were established, Whalley was appointed to take charge of the counties of Lincoln, Notts, Derby, Warwick, and Leicester (31 Oct. 1655;, Life of Milton, v. 49), and was very active in suppressing alehouses, ejecting scandalous ministers, and taxing cavaliers (Life of Colonel Hutchinson, ed. 1885, ii. 201, 204). Many of Whalley's letters during his tenure of that command are printed in the ‘Thurloe Papers’ (vols. iii. iv.). Whalley disliked the proposed revival of the royal title in 1657, but approved of the rest of the petition and advice, and was made one of the members of the new House of Lords established in December 1657 (, ii. 43;, vi. 668). The republican pamphleteer who drew the characters of the new lords could find little to say to his discredit, save that he was no great zealot for the cause (Harleian Miscellany, ed. Park, iii. 454, 482). In 1659 Whalley had a violent quarrel with Colonel Ashfield concerning the merits of the second chamber, for which Richard Cromwell threatened to cashier Ashfield (, Memoirs, ed. 1894, ii. 61). He supported Richard against the army, and would have fought for him had not his regiment refused obedience to his orders (ib. ii. 64, 69). As a kinsman of the Protector he was naturally distrusted, and the restored Long parliament gave the command of his regiment to its major, Robert Swallow, and negatived the proposal to appoint Whalley to another (Commons' Journals, vii. 749). On 1 Nov. the army persuaded Whalley to go as its agent to Scotland in order to mediate with General Monck, but he met with no success (True Narrative of the Proceedings in Parliament, Army, &c., from 22 Sept. 1659, 4to. p. 63;, Chronicle, ed. Phillips, p. 690).

The Restoration made Whalley's position desperate. He lost by it the estate of Sibthorpe, purchased from the Duke of Newcastle's trustees, and the manors of West Walton and Torrington, which he had bought when the queen's lands were sold, in addition to lands in Scotland worth 500l. per annum, which the Long parliament had given him (, House of Cromwell, ii. 147;, Memoirs, i. 285; Commons' Journals, vii. 14). As a regicide who did not obey the proclamation for the surrender