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england_n	act_n	great_a	parliament_n	3,586	5	6.2777	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59394	The several tryals of Sir Henry Slingsby, Kt., John Hewet, D.D., and John Mordant, Esq., for high treason, in Westminster-Hall together with the Lord President's speech before the sentence of death was pronounced against the afore named Sir H. Slingsby and Dr. Hewet, being the 2 of June, 1658, at which time the said Mr. Mordant was by the court acquitted : as also the manner of their execution on Tower-Hill the 8 of June following, with the substance of their speeches on the scaffold.	Slingsby, Henry, Sir, 1602-1658.; Hewit, John, 1614-1658.; Mordaunt, John Mordaunt, Viscount, 1627-1675.	1658 (1658)	Wing S2814; ESTC R37358	40,065	33

your Laws because I did not submit to them L. Pres. All the People of England must submit to the Laws of England to the Authorities of England all must submit to my Lord Protector and Acts of Parliament We sit here by Authority of his Highness by a Commission under the great Seal of England and by Authority of Parliament and you must submit to our Authority Sir H. Sl. The Laws have been so uncertain with me that I could not well know them and when I was a Prisoner I could not take notice of them I could have no benefit by your Laws because that is no Law to me which doth not give me interest and property to what I have It is the benefit of Laws that they do distinguish between meum and tuum but when you take all from me in my case it is not so Mr Attor Gen Prideaux He may enjoy as much benefit by the Laws as any if he have not for feited it and I desire he may be put to answer L. Pres. The Court again require you to plead to you Indictment Sir H. Sl. Not Guilty Mr Phelps Your Plea then is that you are not Guilty To which Sir H. S. answered Yes Mr Lichmore Mr. Attorney General having exhibited a Charge of High-Treason against this Gentleman Sir H. Sl. the Prisoner at the Bar The Charge doth set forth That the Town of Kingston upon Hull Octob. 11. 1656. and ever since to the time of exhibiting of the Charge was a Town of this Common-wealths and that within that Town in all that time there is and hath been a Garrison and part of the Army of this Common-wealth and during that time Ralph Waterhouse John Overton George Thompson c. were Officers of the Forces of that Garrison That Sir H. Slingsby minding to imbroil the Common-wealth in war April 30. last and divers other times since Octob. 10. 1656. as a false Traitor and Enemy to His Highness the Lord Protector did plot contrive and endeavor to betray the said Town and Garrison to Charles Stuart an Enemy to this Common-wealth It sets forth further that Sir H. Slingsby the time and place aforesaid did contrive and endeavour to stir up mutinies among the Souldiery of that Garrison and to raise Forces against this Common-wealth And that he did Publish and Declare the said Charles Stuart to be King of England Scotland and Ireland c. And hath held Correspondence with him And that he delivered to the said Ralph Waterhouse a certain Instrument which he said was a Commission from Charles Stuart All which Treasons are contrary to the form and effect of the Act of Parliament and the Prisoner having pleaded Not Guilty which Plea is Recorded we are ready to prove him Guilty and ready to call our witnesses Mr. Attor Gen. You have heard the Charge and Plea Not Guilty it rests upon us to prove it to you This Gentleman himself I beleeve when he hath heard them particularly opened will be convinced that of these Acts he hath been Guilty It would not have been expected from him to have tasted of the mercy of this Court For had he had justice done formerly he had not been to have answered this here I do beleeve it was expected from those that did govern to have got him off by mercy not to take him off by justice but he ceaseth not to interpose on the behalf of Charles Stuart and endeavoured to bring him in again and had like to have withdrawn the faithfull Officers of that Garrison to betray their trust if money would have done it that was not wanting to be offered if preferment would have wrought upon them that was proffered if hopes of higher preferment under Charles Stuart would ●…ave wrought upon them it would have been done But to our witnesses Ralph Waterhouse sworn Mr. Attor Gen. What discourse had you with Sir H. Slingsby touching the de●…vering up of Hull Mr. Waterh I had several discourses with him Particularly about the latter e●… of December last being a hunting Sir H. Slingsby's Son came to me in the field and told me his Father presented his service to me and gave me a Book which I looked on about an hour after and found it was a Printed Book at the beginning was a paper thus written Put this out with your finger and then tell me whether Rob. Gardiner had not spoke to me to serve the King c. presently after I acquainted Col Smith who advised me to discover if I could whether Sir H. Slingsby was carrying on any Plot I went to Sir H. Slingsby and Sir H. S. took me to the window side and hugged and embraced me and asked me if Robert Gardiner had not spoke to me to serve the King And then began with a great many good words and said that one meaning His Highness had put a disrespect upon me and if I would I might right my self with many other words and promised me a sum of money to secure the South-house for the service of the King About a week after he sent the Book again and in the same leaf wrote a few lines more which I also shewed to Col Smith he promised me 5000 l. in land or money here or elsewhere I made many Queries and told him I thought it was to no purpose he told me that if that House were secured in a little time he would bring an Army to besiege Hull and then half our work would be done He after sent me another Paper which was to this purpose ●…hat if the Governor sought for him he would give security for his peaceable living and said if I would give him a Piece he would make it twenty if he did not procure me a Commission from C. Stuart within fourteen daies he said further that a great party were in engaged in Scotland upon the second of April he delivered to me a Commission which he said was from the King and the Commission being read in Court the said Mr. Waterhouse averred it to be the same he received of Sir Henry Slingsby and which ran thus C. R. CHarles by the Grace of God with the old usual Title c. To our right Trusty and Well-beloved Maj. Ralph Waterhouse We do by these presents constitute and appoint you to be Governor of the Castle and two Block-houses near Hull and to put such a Garrison of Horse and Foot therein as you shall judge necessary for the defence of the same and to command the said Garrison as Governor thereof and to do all things necessary for the preservation of the said place Given at Bruges March 12. 1657. Sir H. Slingsby also said to me that he had spoken with Capt. Overton and promised to furnish him with money to lay in provision and engaged by a Bond to repay such money as I should lay out for the victualling of the South-house And also read a Letter from C. Stuart running thus I can never be enough sensible of your favors

by name appointed by his Highness the Lord Protector to be examined and proceeded against according to the Act Dr. Hewet the Prisoner sitting covered whilest his Impeachment was reading the Lord President commanded his Hat to be taken off which the Doctor obser●…g took it off himself Then Mr. Phelps Clerk to the High Court address'd to the Prisoner to this effect Mr. Phelps John Hewet D. D. Thou standest here charged of High Treason this Court requires you to give your positive Answer whether guilty or not guilty Dr. Hewet My Lord Is I have already misbehaved my self here my error i●… the more pardonable because I have not had any Counsel and I●… dare not pre●… to have any knowledge in any faculty especially in the Law I never did change my Cassock into a Jump I am better acquainted with a Pulpit than a Bar better read in St. Austin than my Lord Coke and in the Fathers than Rastal's Reports or Plowden's Commentaries In all my life I never studied any Law-case till now that Necessity that hath no Law hath made me thus far to become a Lawyer as to think to plead not for my Livelyhood but for my Life God forgive them that have occasioned this unusual and unaccustomed 〈◊〉 that hath put me into such a Pulpit as I never saw before And therefore my Lord in as much as I have often heard that there are such niceties in the Law that a man may be lost in the severity of it for a word spoken in meer simplicity I shall crave that there may be nothing taken in prejudice to my innocency from words spoken in simplicity And I hope you will please to grant me that Lord Presid Dr. Hewet I am sorry truly very sorry to see such an one as you in that place but you are impeached of High Treason All favour will be shewn you according to the rules of Justice I think you desire Counsel Dr. Hewet No my Lord it is first that I knowing nothing of the Law may have nothing simply spoken prejudice me and that you will allow me Counsel L. Presid The Court is Counsel for you your business is to plead to the Indictment you are required by the Court to answer whether guilty or not guilty Dr. H. My Lord you sit there as Judge I beseech you to let me know by what Commission you sit th●…re L. Pres. Dr. Hewet we sit here by a Commission under the Great Seal of England in pursuance of an Act of Parliament that 's our Commission Dr. H. Pray give me the favour to have the Commission read my Lord L. Pres. D. H. We know our owne Authority it is not usual to read Commissions to Prisoners the Laws of England and Acts of Parliament are to be submitted to Dr. H. I am not to own every person that will sit to judge me therefore I desire to know by what Commission you sit and who are the Judges and then I shall say more L. Pres. Those that are to judge you are very well known you consented your self to the Judges we are all chosen by Act of Parliament the Parliament hath consented to it we are chosen Judges and are your Judges by Act of Parliament Dr. H. My L. I must know the persons whether they be all here I see but very few L. Pres. Here be very m●…ny and we have been all called this morning as the course is and we sit now as your Judges Dr. H. Under favour my Lord as I remember the Commission by the Act is directed to 150. and there are the Lords Commissioners of the Great Seal with the Lords of his Highness Treasury and all the Judges and divers other persons are named in the Act of Parl. I do not see so many faces as are mentioned in that Act L. Pres. Dr. Hewet I must tell you the Quorum is any seventeen or more of them if we are here seventeen or more we are a Quorum by that Commission We are here I believe forty or fifty Dr. H. My Lord with submission the case is true in 〈◊〉 the Commissioners were but seventeen and they all present then they might hear and determine but if one were absent they cannot my Lord as I conceive L. Pres. You are a person of parts and therefore we may delight to hear you but we must keep our selves to the business of the Court You are required by the Court to answer the Impeachment Dr. H. My Lord if you sit by the Act sit according to the Act and then I shall submit It was resolved by all the Judges of the Kings Bench in the 13. of Eliz. in the Earl of Leicester's Case see Plowden fol. c. Mr. Att. Gen. The Doctor did profess his ignoranc●… in the Laws yet pretends more knowledge than the Court The Court are here and know themselves lawfully authorized to try you Dr. Hewet if you please to proceed to give your Answer whether guilty or not you will find the Justice of the Court to be according to the Laws of England Dr. H. This learned Gent. I know his face though not his name he speaks according to worth but I cannot answer him according to Law and therefore still plead ignorance of the Law but desire to be tryed according to Law and I have given you a Law-president if you will go against it I shall say no more Mr. Att. G. This Gent. hath it by Tradition not by his owne knowledge but the Case he mentions cannot parallel this The Act of Parliament saith an hundred and fifty or any seventeen here are three seventeens Mr. Sol. Ellis I think the Commission is directed to your Lordships or any seventeen Which Commissioners or any seventeen c. The meaning whereof is that those seventeen or more respectively should hear c. There were several Quorums for England Scotland and Ireland 17 for England 13 for Scotland c. That Case out of Plowden differs clearly from this For if a Commission be directed and there be no Quorum then the Commissioners must all certifie We humbly conceive that if your Lordships be here seventeen or more you are fully authorized to proceed Mr. Att. G. In many Cases you have a Quorum of persons such and such men It 's true here is no Quorum of persons but a Quorum of the number and if there be a Quorum of seventeen it is warrantable Dr. H. This learned Gent. he is better able to speak what is Law than I but under favour and with submission I do not think he may judge of the Laws or the other that spoke his private conception to interpret the meaning of the Parliament And my Lord if your Lordship please I shall make this my humble appeal to the learned Judges of the Law That if they will say in this respect that this is a lawful Judicature I shall proceed L. Pres. You have heard the words of the Act of Parliament read Authority is given to the Commissioners

or any seventeen or more of them Which said Commissioners respectively that is for England seventeen or more of them and you have heard the judgement of the Court upon that That which you speak of in relation to my Lord of Leicester's Case is true if a Commission be directed to Commissioners and no Quorum appointed then all must certifie But by the Act of Parliament and the Commission made in pursuance of it the Quorum is seventeen But here are three Quorums Dr. H. My Lord in as much as all the Commissioners are named in that Act and that Commission is according to the Act they are all commissionated to sit unless all sit the rest cannot try and examine c. And I shall refer it to the Judges of the Laws L. Pres. We did not call our selves to be your Judges by being named your Judges by Act of Parliament we have power to declare to you what the Law is by that Act of Parliament I have declared it Dr. H. My Lord if the Quorum had been named then it were somewhat but it being directed to 17 or more when more or 17 are Commissionated all ●…ust sit I refer it againe to the Judges of the Laws L. Pres. Dr. Hewet what you say now or what you say hereafter besides this you have time to speak to as to matter of Law after matter of fact hath been tryed if you plead to matter of fact what you say to the Court as to matter of Law we shal be ready to heare it apply your selfe to the Court in matter of fact The Court asks you whether guilty or not Dr. H. My Lord I must first know whether the Court be a lawful Judicature before I give imy defence L. Pres. Dr. Hewet you have offered very much touching the jurisdiction of the Court in conclusion you must acquiesce I must put you up to plead you know the danger if you doe not plead being required you stand mute and doe not plead it is as equally dangerous to you as if you had confessed the crimes Dr. H. I am so highly sensible of the priviledges of an Englishman that both for the satisfaction of my own conscience and all persons that I would not willingly give up the liberties and priviledges of any English freeman to any body that demands it I am very loth that there should be any just imputation laid upon me that I should seek a disturbance in point of selfe-interest to divide my selfe from the Communion of those that are my fellow-freemen and I should as I have always abhor'd to be both a Schismatick from the Church and singular from the State My Lord I am so concerned for the priviledges of an English freeman and publick interest that I should be loth to doe any thing towards the giving them up that might make my heart ake I shall desire it may be determined by the Judges L. Presid You speak of common friendship what is common friendship but to be a friend to the publick Government if you have been a friend to the Government and peace of this Nation you need not fear to plead to the Indictment And therefore I require you to plead to it Dr. Hewet When ever you shall come to a particular Examination of the business it will not appear that I have been an Enemy I desire that whereas there are many nic●…ties in the Laws I humbly crave the engagement of your Honours that there may not be any advantage taken Mr. At. G. God forbid Dr. H. My Lord I think I have not spoken any thing unreasonably or against Law and therefore humbly ●…rave my former request Mr. At. G. If you please the Dr. knows that there must be a Judgment in which we m●…st acquiesce This is that Judicature that calls you before them you sit by the highest Authority of England an Act of Parliament in the first place a Commission under the great Seal in the second place and a Commission of his Highness against whom of which the Doctor is one I desire he may give an Answer to the Impeachment that being done we shall have liberty on both sides to speak to what is Justice and Law and Fact if you are not guilty be you assured that this Court will not take your blood upon them you have a very fair Court Dr. H. This learned person speaks very fairly It shall be far from me to question any Act of a lawful Parliament but under favour as yet it doth not appear to me that you have by that Act by which you sit power to hear and determine concerning the matters of which I am charged I referre it and appeal again and again ●…o the learned Judges of the Laws even his Highness Judges L. Presid and Dr. H. The Court hath had much patience in hearing of you thus long you having not so much as owned their Authority if you will not own us we will own you therefore I require the Clerk to enter it that we have required you to plead Mr. Phelps Cl. John Hewet you here stand charged of High Treason against his Highness the Lord Protector and the Common-wealth the charge hath been read to you the Court have demanded whether guilty or not guilty they again demand of you whether guilty or not guilty D. H. My Lord I shall be very loth to do any thing to save my life and forfeit a good conscience And I shall not for my private interest give up the Privileges of those that are equal Freemen with my self I am look'd upon in a double Capacity as a Clergy-man and as a Common-wealths-man I should be very loth to be scandalous in either And pray be pleased to do that justice to your selves as to vi●…dicate the legality of your Judicature and then I 'le proceed Mr. At. G. My Lord you was pleased to tell the Doctor that you will own him when he doth not own you but my Lord his flying in your faces and taxing you thus is not to be endured I wish he would have that consideration of himself that if he doth not own your Authority you expect to be owned and by it he will be supposed to be guilty of all those Crimes that are laid to his charge and by not pleading he doth confess them that will be an high scandal to Mr. Doctor Therefore to vindicate your self I desire you to answer Dr. H. This learned Gent. hath urged it with a great deal of civility and respect to me which I must own and thankfully acknowledge but my Lord withal I dare not for the saving of my self give up others so many thousands of others by my Precedent that might likewise be involved in the same condition that I am in therefore my Lord let it appear that it is a lawful Judicature and I have done Mr. At. G. I besee●… Mr. Doctor to consider his case he is not brought as a Champion for the people of England as he stands charged he

for Major Rolph who indeavoured to poyson the late King and for matter of Law it ought to be allowed as in my Lord Cook and Dyer sixth book of his Reports 14 fol. is of the sam●… opinion Arundell had Counsel assigned him for murder in matter of Law Sol. Ellis For matter of fact It was never allowed but if he plead and if any matter of Law doe arise that 's doubtfull to the Court then the Court if they doubt of it assigne Counsell but the prisoner must plead first to the matter of fact For a man to be accused the same day and tryed the same day is no new thing For Counsell if any thing arise in matter of Law then it may be considered The Portugal Embass. Brother came and was accused and tryed the same day We shall humbly pray that he may plead guilty or not guilty if any matter of Law arise your Lordships may doe him justice Dr. H. My Lord with submission this learned Gent. hath understood me but in part my request was for Counsell for matter of Law in generall as well as particular for matter of fact I humbly conceive that there are severall Acts of Parliament that doe free me from this charge and particularly the great Charter of England for which I humbly crave I may have Counsell assigned me L. Pres. You are now in generals you speak of several Acts of Parliament and you would have Counsel to plead Counsel was never allowed in this case upon such a general desire Many that stand about you may have a prejudice to you and think you are loth to plead I have called upon you often if we should once record the refusall it would be very penall I would advise you to plead to the Indictment D. H. My Lord since you have denyed me Counsell I shall desire to speake something in my own behalfe Mr. At. G This is a very ill President to the justice of England I suppose that you will allow him all favour but the justice of England must be prefer'd against all persons whatsoever The jurisdiction is setled to the satisfaction of the Dr. himselfe if he will bring himselfe a party and aske any thing of you that must be by pleading till then ●…e can aske nothing Dr. H. My Lord the Judicature is not yet clear'd to me for the legality of it and if you please to give a little patience I shall give you the reasons why Mr. At. G. I shall desire it may be no more thus Pre. I shall say no more to you we must make our Authority appear to you either by trying of you or judging of you will you be try'd Dr. H. My Lord the Charge depends upon an Act of Parliament which was made about two years since the Members of which Parliament were chosen by the people yet notwithstanding one hundred and fifty of them were not permitted to sit Mr. At. G. My Lord we must not suffer this pray if he will not be otherwise satisfied I must require your strict justice Your words they are seditious this shews the spirit of the man Dr. H. I hope you will have patience to heare me for vindication of my selfe and satisfaction of my own conscience and all persons whatever and withall for the clearing of your selves that you doe not bring blood upon your selves by taking that power that is not justifiable Mr. At. G. Truly my Lord this is insufferable Mr. Doctor hath had as much respect as ever any had I have attended many I never saw the like in my time you have had the patience to heare him oppose your selves your Authority your persons and to strike at the root of all Mr. Doctor I would have you to carry your selfe with more respect This shews that much of what is charged against him is true If you will scorn the Court say it positively Dr. H. My Lord I humbly submit my selfe to the Laws of the Land I shall not dispute Acts of Parliament but I conceive if you will please to give me a little patience an house of Commons is not of Authority enough L. Pres. Mr. Doctor pray remember that Text He that seemeth to be Religious and bridleth not his tongue his Religion is vain Will you plead or not Dr. H. My Lord whilst I speak for the Laws of the Land this is not an evill speech Mr. At. G. My Lord if you please I did receive your comands to prepare this charge against this Doctor in obedience to you I have done it not willingly against your person Mr. Doctor I have some others to proceed against if you will please that Mr. Doctor may dispatch one way or other I must pray your final sentence if you doe not plead immediately Dr. H. My Lord what I petitioned for before I doe again that seeing you will not please to give me leave to speak either as to the priviledges of English men nor as to the Act I desire time to speak to the Charge and Counsell L. Pres. You have heard that I must require your answer you must plead guilty or not guilty Dr. H. Hath your Lordship assigned me Counsel in matter of fact when matters of L●…w arise L. Pres. We shall then take consideration of it now is not a time Dr. H. My Lord I am in a great straight I pray God assist me and I here appeale to Almighty God and to all the world that I doe against my soul and conscionce nothing that shall be to the prejudice of the priviledges of the Laws of England if there shall be any thing in these proceedings that shall be to the disadvantage of others my soul be clear of it the guilt be upon others seeing I am necessitated upon this and cannot have Counsell assigned me for the judicature for the legality of it I refer●…ing my selfe to the Judges of the Land I durst refer my selfe to his Highness●… own Councell that if they will say that this particular that I have urged that this is a lawful judicature I will go on L. Pres. I am required by the Court before I ●…nter your refus●…ll I require your answer Dr. H. I am in a great dispute and I pray God direct me what to doe in this case though I doe not at all dispute my own innocency which I hope I shall clear yet I could petition again though I am tedious to you yet I can never importune enough to take into your thoughts your selves and posterity and all the people of England L. Pres. I shall desire because you may see what I say comes from the Act of Parliament I shall desire the words may be read to him what is to be done if he refuse to answer Clerk read that clause And for examination of witnesses upon Oath which the said respective Commissioners are hereby authorized to administer and thereupon or upon confession of the party or in defau't of such answer to proceed to Conviction and finall sentence as in cases

of High Treason and misprision of Treason according to Justice and the merits of the cause and such final sentence to execute or cause to be executed speedily and impartially Dr. H. My Lord this is a printed paper which is called an Act of Parliament L. Pres. I must take you off you have been required to answer often required and having refused in the name of the Court I require the Clerk to record it and pray take away your prisoner Dr. H. My Lord Court Take him away take him away The Substance of Mr. MORDANT'S Trial On Tuesday the first day of June 1658. THE Serjeant at Arms was commanded to bring John Mordant Esq to the Bar who was brought accordingly L. Pres. Mr. Attorney What have you to say against the Prisoner at the Bar Mr. Att. G. My Lord I have prepared a Charge of High Treason against the Gentleman at the Bar which I desire may be read The substance of the Impeachment Mr. Phelps John Mordant Esq Stand at the Bar and hear your Charge A Charge of High Treason against John Mordant of Clement D●…es in the County of Middls Esq as followeth viz. That John Mordant late of the Parish of Clement Danes in the said County of Middls Esq minding and intending to embroil this Common-wealth in new and intestine Wars and Seditions on the 30. of April now last past and at divers other days and times since the 10. of Octob. 1656. and before the said 30. of April last as a false Traitor and Enemy to Oliver then and yet Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions thereto belonging and to this Common-wealth together with Henry Bishop late of Parham in the County of Sussex Gent. Hartgil Baron and Francis Mansel and divers others their Complices at the Parish of Clement Danes aforesaid and at divers other places did traiterously advisedly and maliciously plot contrive and endevour to stir up and raise War against the said Oliver then and yet Lord Protector of this Common-wealth and against the Government thereof as the same was established and to alter and subvert the same And did also then and there as well before as after the said 30. of April last past and after the the 10. of Octob. 1656. traiterously advisedly and maliciously declare publish and promote Charles Stuart eldest Son of the late King Charles to be King of England Scotland and Ireland c. And did then and there traiterously advisedly and maliciously hold intelligence and corres●…ondence with the said Charles Stuart All which said Treason and Treasons he the said John Mordant the said 30. of April last and other the times and places aforesaid and after the said 10. of Octob. 1656. at Clement Danes and other places did traiterously declare by overt act that is to say by conferring with J. Stapley Esq and Henry Mallory and others how to effect the same And did then and there encourage the said J. Stapley and H. Mallory and others thereunto And did deliver Commissions to several persons in the name of and as from the said Ch. S●…uart concerning the raising of Forces and levying War against the said Olive●… then and yet L. Prot. and against this Common-wealth All which said Treason and Treasons are contrary to the Statute in that case made and provided With which said Treason and Treasons he the said Attorney G. for and on the behalf of the said Oliver then and yet L. Pro. and on behalf of the said Common-wealth as aforesaid doth charge and impeach the said J. Mordant And the said Att. Gen. prayeth That he the said J. Mordant may be put to answer And that such Proceedings Trial and Judgment may be had against the said Mordant as is agreeable to Law And the said Att. Gen. doth averre that the said J. Mordant is a person by name appointed by his Highness and Councel to be proceeded against Mr. I helps Cl. John Mordant Esq Thou standest here charged with High Treason against his Highness the L. Protector and the Common-wealth You have heard the Charge read the Court demands your positive answer thereto whether guilty or not guilty Mr. Mord. My Lord I desire I may hear the Commission read by which you sit L. Pres. You are impeached of High Treason We require your Answer Mr. Mord. I desire the Commission may be read and the Commissioners names L. Pres. You are to be tryed by the Laws of England Act of Parliament and Commission under the Great Seal of England in pursuance of that Act Mr. Mord. I claim it as my right I am ignorant in Law I desire it may be read L. Pres. It is not granted to any Mr. Mord. My Lord will you take away that liberty that we shall not know by what Commission we are tryed and who are our Judges I desire I may not be made the first president L. Pres. It is visible who are your Judges they are named by Act of Parliament We are your Judges Mr. Mord. My Lord if the Act specifie any such thing that it may not be read I have done I desire it may be read that I may have a legal and just proceeding L. Pres. The Act of Parliament doth not require it Mr. Mord. The Act doth not deny it L. Pres. You shall have all the privileges that may be but you must first plead Mr. Mord. My Lord I demand this to hear the Commission read Mr. Att. G. My Lord Pray let him know what is done to warn him lest he fall into the same condemnation There was one but a little before you that demanded the same thing and the Court hath ruled it otherwise and he hath received his Sentence I tell you of it that you may beware and know how to carry your self If Mr. Mordant will be pleased to answer whether or no guilty of those Crimes then he shall have a fair Trial and full Examination If otherwise the same Sentence must be required as before that is upon refusall the Judgement pronounced for High Treason Mr. Mord. My Lord I humbly crave the Act may be read Mr. Att. G. The Act is publick the Court are not to give you an account of their authority or the way of their proceedings they require your Answer Mr. Mord. My Lord shall I not know by what Law I am tryed nor by what Act nor by what Commission L. Pres. You seem to be a young Gentleman I wish rather you would plead Not guilty or make an ingenuous Confession Mr. Mord. My Lord This is the first time that I have been before any Court in my life I desire that my reason may be convinced either assigne me Counsel to argue it with this learned Councel and if they convince my Counsel I shall submit or if this Councel will say the Law doth debar me the hearing of the Commission and the Act read to me I shall refer it to the Judges of the Law and by their opinions I will

may Sir H. Sl. I see that I am trepan'd by these two fellows They have said that serously against me which was spoken in mirth between us I never sought to them but they to me the Commission was procured by no intercourse with any persons beyond the Seas but a blank which I had for four years together Nor had I any correspondence beyond Sea to carry on any design here Lieutenant George Thomson sworn Being asked what Officer he was he answered I am a Lieutenant to Major Waterhouse I was desired to go and see Sir H Slingsby 16 April who told me That he had great confidence in me I said to him why ●…e told me he thought I had good thoughts of the King his Son told me he heard the King was to co●…e in and to ●…ring in a considerable Army but knew not when Next day I went again to Sir H. and asked him if he would walk on the Leads which he did and there I told him I had been pondering on the words he last spoke to me who then hugging me ●…aid I have a great deal of confidence in you ther●… is a design in agitation to bring in the King with a considerable Army but he did not know how soon it would be but 〈◊〉 me I should have notice of it and said that the King had promised pardon to all Officers but the Lord Protector and Lord Bradshaw Sir H Sl. I confess such like discourses but Waterhouse spoke to me that I would speak to Thomson to try whether he would be assistant but I told him I would not least he should not accept it and then turn him out of his place Waterhouse pressed me to go to Thomson and M Waterhouse invited us to his house to Dinner after Dinner be spoke to Thomson to go with me on the Leads to shew me the Guns we walked about and came down agains then said Waterhouse to me did not you speak to Thomson I said not you had a good oportunity said he At last Thomson came to me and I had some discourse with him about it L. Pres. Sir H. S. have you any thing else to say Sir H. Sl. No my Lord Then Mr. Mr Serjeant Maynard summed up the Charge Plea and Evidence and eloquently set forth the fulness and clearness of the Evidence with the heynousness of the oftence and demanded the Judgment of the Court Mr. At. Gen. I shall not trouble you with repetition the matter being clearly laid open the place where this acting was and where the design was laid was I may safely say the most considerable place in England for Charles Stuart's design a place strongly seated and scituated and remote from this City and had he prevailed there as he endeavoured it had not been peace with us that now are here And truly my Lord I cannot but pitty those Gentlemen that are thus drawn into designs which I am confident will never take and I am sor●…y that people should be so seduced as they are for their seducers bring them to the Gallows and then laugh at them And my Lord I pitty this Gentleman pointing at Sir H. that those gray hairs should thus go to the Grave I have no more to say but crave the justice of this Court The Serjeant at Arms was commanded to take away the Prisoner Proclamation for adjournment of the Court into the Painted Chamber After a little private Debate in the Painted Chamber they adjourned till Thursday next nine in the morning Thursday May 27. being appointed for the meeting of the same Court about ten of the Clock they accordingly met in the Painted Chamber Westminster where after about two hours private debate they adjourned till Tuesday next the first day of June The Substance of Doctor HEVVET's Trial On Tuesday the first day of June 1658. THE Serjeant at Arms being commanded by the Court to fetch the Prisoners to the Bar Dr. Hewet was brought to the Bar accordingly After Proclamation was made for silence the Lord President asked Mr. Attorney Gen. what he had to say against the Prisoner at the Bar. Mr. Attorney Gen. thereupon exhibited an Impeachment of High Treason against the Prisoner and desired it might be read and prayed that the Court will please to receive his Answer thereunto The Charge was read by Mr. Phelps the Clerk the effect of which was as followeth viz. That John Hewet late of the Parish of Gregorie's in the City of London Doctor of Divinity minding and intending to embroyl this Common-wealth in new and intestine Wars the 30. of April now last past and at divers times since the 10 of October which was in the year of our Lord 1656. and before the said 30. of April last past as a false Traitor and Enemy to Oliver then and yet Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging and to the said Common-wealth together with one Trelawney late of London Gent. Henry Bishop of Lewis in Sussex Gent. and other their Complices at the Parish of Gregorie's aforesaid and at Lewis in Sussex did traiterously advisedly and malicioufly plot contrive and endevour to stir up force and levy war against the said Oliver Lord Protector and against the Government of this Common-wealth as the same is now established and to subvert and alter the same And did also then and there and at divers other times and places as well before as after the said 30. day of April now last past and after the said 10. of October 1656. traiterously advisedly and maliciously declare publish and promote Charles Stuart eldest Son to the late King Charles to be King of England Scotland and Ireland and the Dominions thereunto belonging And did then and there traiterously advisedly and maliciously hold intelligence and correspondence with the said Charles Stuart All which said Treasons he the said John Hewet at the Parish of Gregorie's in the said City of London and also at Lewis and elsewhere did traiterously advisedly and maliciously declare at the times and places aforesaid by conferring with John Stapley and Henry Mallory how to effect the same and by encouraging the said John Stapley and Henry Mallory thereunto and by delivering Commissions to them from the said Charles Stuart concerning the levying War against the said Oliver Lord Protector of the Common-wealth of England Scotland and Ireland All which said Treasons are contrary to the Statute in that case made and provided With which said Treasons committed and done the said Attorney Gen. for and on the behalf of his Highness the Lord Protector and the Common-wealth doth charge and Impeach the said John Hewet And for and on the behalf of the said Oliver Lord Protector and the Common-wealth prayeth that the said John Hewet may be put to Answer that such Trial Judgement and Proceedings may be had against him as to justice doth appertain And the said Attorney Gen. doth averre that the said John Hewet is the person

stand or fall Mr. Att. G. My Lord President You have offered that Gent. very seasonable advice I wish he may be capable of it And in these debates I wish he doth not lose those advantages that are really intended for him For the Court it is by Act of Parl. and no Judicature in Engl. can require any account of their proceedings Mr. Mord. My Lord Pray give me leave to ask this question Whether there be any president for this Mr. At. G. By way of advise I do acquaint you that there is no Judicature in England superiour to this but the Parliament immediately You are here Impeached of a very high Crime High Treason it may be a strain of youth the first step to mercy is confession Mr. Mordant My Lord I have heard that the Judges of the Land are the best and proper Expositors of the Law and if they declare that this is the sense of the Act I 'le submit to the Court if the Court will allow me Counsel I shall submit if my Counsel be convinced I desire to hear the Commission read Mr. At. G. My Lord this Gent. was a fellow-prisoner with one that went before him he walks after the same steps I wish he may not run into the same Error these things were urged by Dr. Hewet and the Court hath ruled that their Authority is sufficient and therefore my Lord be pleased that this Gent. may plead Mr. Mordant I am overborn both for Jury and Counsel I desire that my reason may be convinced if this Counsel will give it under their hands that this is Law by the Act of 1656. if you will say under your hands that this is Law that I must be excluded of Jury and Counsel and that I must not know the Commission by which I am tryed I will proceed L. Pres. I am afraid you have received ill advise from others possibly you know what is become of that Prisoner that spake of Counsel we cannot assign you Counsel as to matter of Fact the Law and Act of Parliament have made us your Judges and therefore you are to plead Mr. Mordant My Lord I desire that that Act may be read to know whether I am to be excluded of Jury and Counsel I re●…erre it to this Counsel Mr. At. G. I doubt the Gent. is in jest we are here to attend by command of his Highness the L. Protector these Gent. are all sworn by Act of Parliament it is a little slighting of the Court to appeal from the Court to the Counsel but my Lord I beseech you he may forbear to say he is overborn You shall have Justice done if you will plead if not there was a President but now if you please to put your self upon the Trial you shall have a fair Trial. Mr. Mordant My Lord convince me by this Act that I am to lose the right of Jury I have not heard any reason why I must lo●…e it Mr. At. G. I do tell you the Court hath given Judgment just now in the like case Mr. Mordant I ask a President for this Mr. At. Gen. I tell you a President Sir H. Slingsby and Dr. Hewet Mr. Mordant Is it a good President if any give an ill president it is reason I should debate it my self Mr. At. Gen. I humbly conceive that this Court is your Court and you ought to plead it Mr. Mord. My Lord I desire I may be heard the words are that the respective Commissioners or the major part of them are to meet c. I humbly conceive without the whole I cannot be tryed L. President All this that you ask of us now we have declared this morning already to one who was before you at the Bar the Quorum of this Commission is seventeen or any more of them we must require you again to plead Mr. Mordant My Lord I desire a little patience the number of the Commissioners is seventeen I conceive that must be very much strained i●… reason that they ●…st try because it relates to the respective Commissioners several persons were allowed Counsel I humbly desire Counsel L. President That is when there is matter of Law you have alledged nothing you are now upon matter of Fact Mr. Mordant My Lord my Indictment is matter of Law and upon that I may sa●…ly demand Counsel I desire to have Counsel as to my Indictment L. President Your reason and my reason and all reason must submit to the Law you are now upon matter of Fact the single question is guilty or not guilty Mr. At. Gen. My advise to you is that you would put your self upon your Tryal Mr. Mordant I am not convinced at all but forced upon it and it is a hard thing it is reason that my reason should be convinced if this Act doth say in any place that I must ●…ose these priviledges or if the Judges will declare it to be so I will submit to it if ●…e Judges will declare that 〈◊〉 must be tryed thus God's will be done I desire to stand n●… fall by th●… Laws Mr. Sol. Ellis I will tel●…●…ou where his mistake is he speaks of former Trials which we do not deny but ●…s Gent. will agree that it is in the power of Parliaments by Acts of Parliament to alter those Trials we conceive that this Act of Parliament hath determined thi●… very question for my Lord it is that you shall examine upon oath and thereup●… proceed to Conviction and final sentence not by Jury And this Act of Parliament hath entrusted you to be both Judge and Jury All Englishmen must submit to what the Parliament hath done and the Parliament hath determined this question that you have power to examine upon Oath and thereupon to proceed to conviction c. If a Jury was to do it you were not to proceed to Conviction This Gent. sayes there is no President for it but we say it was the same in Queen Eliz. time they proceeded to Conviction and final sentence when they proceeded against Duke Hamilton Lord Capel and Holland did not the Parliament approve of what they did in that case as just honourable and lawful did not Duke Hamilton did they not all petition to the House did not the Parliament order Execution upon some and cleared others To say this is without president when presidents are so frequent I wonder that should be said To that point of a Jury I must tell this Gent. he speaks of a Jury but hath not put himself upon a Trial after he hath pleaded not guilty then it must be considered the manner of the proceeding but to come before he plead guilty or not guilty to desire a Jury this is a little to anticipate your judgment Mr. Mordant I do not shun to be tryed by the Act of Parliament but referre my selfe to the Judges that those priviledges of the Act may not be taken from me Mr. At. G. The Parliament hath thought sit to go this way and it is not to

have ●…owed Treason and Reb●…llion and you are now come to reap the fruit of it And Sir you told me you did not own the Government you were a Prisoner and therefore could not be bound by the Laws of that Government Sir doth not every Englishman owe a natural Allegiance to the supreme Magistrate of England Is not every Englishman whether in Prison or out of Prison bound by the Laws of England Sir if you own not the Government of England that is an offence in it self a great offence and would you make an offence against the Government to be an excuse or justification for Treason The last thing you said was this you told us you were Trepan'd into it Sir did not you your self of your self promise a Commis●…on to Maj●…r Waterhouse did you not o●… your self offer 5000 pound to be paid assoon as C S. Landed upon English ground I shall name those worthy Gentlemen for ho●…ors sake to them that had a hand in this discovery It was that prudent and faithfull Governor of Hull Col. Smith that had a hand in it There was those worthy and faithfull Commanders who were here in Court Maj. Waterhouse Capt. Overton and Lievt. Thompson Sir these faithfull and worthy Gentlemen have carried themselves in this business like the man of understanding that Solomon speaks of I have done only I would say one word to you because I hear you are a Protestant I would only ask you this question what think you would have become of the Protestant Interest of the Protestants of England Scotland and Ireland If you had had your will if Charls Stuart had come in if you had ●…ut time but the Lord knows you have not time to look over the Records of England to look over the declarations of Parliament since 1640. if you could remember it Sir it would tell you what Family it was that betrayed the Protestants in France when Roch●…l was taken what Family it was that betrayed the Protestants in Germany and in the Palatinate vvhen a peace was made with Spain without consent of Parliament What could you think of that Family th●…r did tolerate Popery for a match with Spain What then would that Family have done if it could have gained them England Scotland Ireland And now Sir but one word more to you as you are an English-man I beseech you consider what would have become of this Nation if you had had your will you had brought a new Civil war upon England at the least I cannot think of a New Civil war upon England but I think of desolation upon desolation to this poor Nation c. I have but one word to say to Dr. Hewet And Sir when I look upon you as a Minister I must confess I do not know how to speak to you because it has always been my way to speak to men of your Profession to Ministers I never spake to them but as a Childe speaks to his Father Such reverence and such regard I bear to their Office But to speak so to a Minister as a Judge speaks to a Traytor I must confess I know not how to do it But Sir there must be words spoken to you though I do not speak them and not onely to you as a Ttaytor but a Traytor in the highest degree not as a Traytor as you are intituled for endeavoring to levy a new War and to bring desolation and a War in this Nation but such an one as should rather die a Traytor then own the Authority of the Nation But Sir I know not how to speak to you and therefore the ●…ecord must speak to you and I my self will not any further I have now a word to speak to you Mr. Mordant God hath appeared in Justice and God doth appear in Mercy as the Lord is just to them so he is exceeding merciful to you and I may say to you That God appears to you at this time as he speaks to sinners in Jesus Christ for Sir he doth clear sinners in Christ Jesus even when they are guilty and so God cleareth you I will not say you are guilty but ask your own Conscience whether you are or no●… Sir bless God as long as you live and bless my Lord Protector by whose authority you are clered Sir I speak no more but I beseech you to speak to God And now let me add this word to those two Gentlemen Sirs when I have done speaking I shall never have done praying for you as long as you are alive that is the last thing I must say to you And now let the Judgment of the Court be read Thereupon the Clerk read the Judgment and Sentence of the Court against Sir H. Slinsby Kr. which was as followeth THat the said Sir Henry Slingsby as a false Traytor to his said Highness the Lord Protector and this Commonwealth shall be conveyed back again to the Tower of London and fr●…m thence through the middle of the City of London directly shall be drawn unto the Gallows of Tibourn and upon the said Gallows there shall be hanged and being alive shall be cut down to the ground and his Entrails taken out of his Belly and he living be burnt before him and that his Head shall be cut off and that his Body shall be divided into Four quarters and that ●…is Head and Quarers shall be placed where His Highness the Lord Protector shall be pleased to ●…ssign In the next place the same Judgment and Sentence of the Court was read against Dr. Hewet being ingrost in like manner This being done the Judgment of the Court was declared concerning Mr. Mordant whis in short was That upon consideration of the whole matter in reference to the Charge against him and his Plea thereunto They did adjudge him Not guilty And so the Prisoners were dismist Proclamation being made the Court adjourned back to the Painted Chamber where they ordered the execution of the Sentence upon Sir Henry Slingsby and Dr. Hewet to be on Saturday next And Warrants are issued out to the Sheriffs of London to see execution done accordingly Then the Court adjourned it self till Thursday the Tenth instant Notwithstanding the former Sentence passed by the High Court yet his Highness being informed that Dr. Hewet prisoner in the Tower of London who stand attainted of High Treason before the Commissioners appointed by Act of Parliament for levying War against his Highness and the Common-wealth had Judgment to be hanged drawn and quartered at Tibourn this instant Saturday His Highness was graciously pleased upon humble suit made to reprieve him till Tuesday the eighth insiant at which time he is to be executed on Tower-hil by severing his Head from his Body and His Highness pleasure is that the Judgment shall be remitted The like favor also was extended to Sir Henry Slingsby who is to suffer the same day in the same place The manner of the Execution of Sir HENRY SLINGSBY on Tuesday the 8. of June