of the late king's judges, he was excluded from the act of indemnity, and had no chance of life if he were captured. On 22 Sept. 1660 the government offered a reward of 100l. for his arrest (Kennett, Register, p. 264). But before this was issued Whalley, in company with his son-in-law, Major-general William Goffe [q. v.], had landed at Boston. In March 1661 they removed to Newhaven, and in October 1664 to Hadley, Massachusetts. At first Kirk and Kellond, two English merchants sent over by Charles II to secure their arrest, found little help in the colonies, and, though long obliged to remain in strict concealment, the two regicides were never betrayed. On 5 Sept. 1661 the commissioners of the united colonies published a declaration against harbouring either of them, but it remained a dead letter. In 1665 the commissioners sent to look into the government of the American colonies were directed to search for them, but the search was equally fruitless. A detailed account of the wanderings of Whalley and his companion, of their places of concealment, and of the different local traditions respecting them, is contained in the ‘History of Three of the Judges of Charles I,’ by Ezra Stiles (Hartford, 1794).
A letter from Goffe to his wife in 1674 describes Whalley as still alive but extremely infirm. ‘He is scarce capable of any rational discourse, his understanding, memory, and speech doth so much fail him, and seems not to take much notice of anything that is either done or said, but patiently bears all things’ (Stiles, p. 118). The date of his death is uncertain, but it is evident from the remainder of the letter that it cannot have been long delayed. The stone bearing the letters ‘E. W.’ supposed to have been erected over his remains at Newhaven probably marks the tomb of a different person (Savage, Genealogical Dictionary of New England, iv. 493). Whalley married (1) Judith, daughter of John Duffell of Rochester; (2) Mary Middleton. By his first wife he had, besides other children, a son John, who married a daughter of Sir Herbert Springatt; and a daughter Frances, who married Major-general William Goffe (Visitation of Nottinghamshire, Harl. Soc. iv. 118; Nichols, Leicestershire, ii. 736).
Major-general Whalley's younger brother Henry, who was an attorney in Guildhall in 1628, was admitted to Gray's Inn on 3 Sept. 1649, and was appointed in March 1652 one of the judges of the Scottish admiralty court (Foster, Gray's Inn Register; Report on the Duke of Portland's MSS. i. 629). In 1655 he was advocate-general of the army in Scotland, and was employed to examine into Overton's plot (Thurloe, iii. 205; Burton, Diary, i. 356, iv. 155). He represented the counties of Selkirk and Peebles in the parliaments of 1656 and 1659. Whalley was no great friend of freedom of opinion; in 1654 he was concerned in the suppression of the Racovian catechism, and in 1657 endeavoured to induce parliament to suppress an astrological work (Masson, Life of Milton, iv. 423, 438; Burton, Diary, i. 80, 305). He married Rebecca Duffell, a sister of his brother's first wife.
[A life of Whalley is given in Noble's Lives of the Regicides, and in the history of the Whalley family contained in vol. ii. of Noble's Memoirs of the Protectoral House of Cromwell. Documents relating to his exile in New England are to be found in the collections of the Massachusetts Historical Society, 3rd ser. i. 60, 4th ser. viii. 122, and in the Hutchinson Papers published by the Prince Society, vol. ii. See also Hutchinson's History of Massachusetts; the Calendar of Colonial State Papers; Ezra Stiles's History of Three of the Judges of Charles I, Hartford, 1794; Notes and Queries, 4th ser. iii. 591, 5th ser. v. 463, vii. 81.]
WHALLEY, GEORGE HAMMOND (1813–1878), politician, born on 23 Jan. 1813, was the eldest son of James Whalley, a merchant and banker of Gloucester city, by his wife Elizabeth, daughter of Richard Morse of Gurshill, Gloucestershire. Educated at University College, London, where he gained the first prize for rhetoric and metaphysics, he entered Gray's Inn on 20 April 1835, was called to the bar in 1839, and went the Oxford circuit. From 1836 to 1847 he acted as an assistant tithe commissioner. He possessed great knowledge of the law of tithes, and between 1838 and 1842 wrote weekly articles on tithe commutation in the ‘Justice of the Peace.’ They also appeared separately in serial form. In 1838 he published ‘The Tithe Act and the Tithe Amendment Act; with Explanatory Notes … together with the Report of the Tithe Commissioners’ (London, 8vo); and in the following year issued separately ‘The Tithe Amendment Act’ (London, 12mo). In 1848 he enlarged his treatise under the title ‘The Tithe Act and the Whole of the Tithe Amendment Acts … with a Treatise on the Recovery of Tithe Rent Charge’ (London, 12mo); and in 1879 another edition appeared which he had prepared, entitled ‘The Whole of the Tithe Acts to the Present Time’ (London, 12mo). The latest edition, revised by George Pemberton Leach, appeared in 1896 (London 8vo).
