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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

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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
be disputed they that live in this nation are not to dispute it if that Gent. will please to recollect himself and not my Lord thus expostulate and dispute with the Court of Justice if he please to put himself upon a Tryal if he thinks himself innocent I think it is best and if he refuse it his sentence is from himself Mr. Mordant I do not my Lord dispute the power of the Court but I desire my reason may be convinced and that I may have Counsel L. Pres. We are clearly of opinion we have not power in this case to appoint any other Jury not to summon a Jury we our selves have taken on oath you would do well to plead Mr. Mordant My Lord I have but little to say and that is that as that Gent. said it was referred to the Court what Jury I shall have I desire my Lord to know whether the Court doth intend to try me by a Jury Mr. Sol. Ellis They do not Mr. Mordant Is the Court Judge and Jury Mr. At. G. If you will deal ingenuously with the Court I think that is best Mr. Mordant Seeing I am here overuled though not convinced in my reason I shall demur to the Court and plead not Guilty I desire a Copy of my indictment and time to plead L. Pres. It was never done for any Indictment of High Treason was never delivered to any Prisoner Mr. Mordant I urge my Lord Cooke for Authority for a copy of my Indictment Mr. Phelph●…s John Mordant Esquire you stand here charged of High Treason to this charge you plead not guilty is this your Plea Mr. Mordant Yes Mr. Mordant I beg my Lord that my ignorance of the Laws may not prejudice me not understanding or knowing any thing of the Law and this granted me I shall address to my justification Mr. At. G. Do you stand to your Plea not guilty Mr. Mordant Yes Mr. Litchmore My Lord I shall shortly open the Impeachment The Attorney Gen. hath exhibited a Charge of High Treason against John Mordant Esq viz. That he the said John Mordant intending to embroile this Nation in new and intestine Wars the 30 of April last past and at divers times since the 10 Octob. 26 together with Henry Bishop Hartgil Baron c. at the Parish of Clem. Danes in the County of Middlesex did traiterously advisedly and maliciously plot contrive and endeavour First to stir and raise force and levy war against his Highness the Lord Protector and the Common-wealth to subvert and alter the Government of the same Secondly That he did traiterously advisedly and maliciously declare publish and promote Charles Stuart to be King of England Scotland and Ireland Thirdly That he did traiterously advisedly and maliciously hold intelligence and Correspondence with C. Stuart and that he did declare these Treasons by overt act that is to say by conferring with John Stapley and Henry Mallory how to effect the same and did deliver several Commissions from C. Stuart to several persons and this contrary to the Statute To this charge of High Treason the Prisoner pleads not guilty we are ready my Lord to call our witnesses to prove him guilty of these several Crimes and with the leave of the Court we shall call our witnesses Mr. At. G. I wish Mr. Mordant had done this before and made himself capable of more favour Mr. Mordant then desired to have Pen Ink and Paper which was granted him John Stapley and Anthony Stapley were then called John Stapley sworne Mr. At. G. We produce this Gent. I suppose he is well known to the Prisoner to prove the Charge I desire he may declare what he knows Mr. At. G. What do you know concerning the discourses of Mr. Mordant with you touching the bringing in of Charles Stunrt John Stapley I have been in Mr. Mordants company several times and what I can say will not be much Mr. Mordant did once tell me there was such a design as the bringing in of the King and he did ask me if I did not know of such a thing I told him no he was pleased to tell me somewhat of it I asked him if he was engaged in it he told me he was not Mr. At. G. What did he tell you concerning his being entrusted by the King therein John Stapley He told me the King wrote to him to speak to his friends that they would be ready to assist him when he should come into England with force which he told me was with 7000 men this was the chief of all Mr. At. G. Did he not say that he had Commissions from the King John Stapley He did not tell me so but I have heard him say others had had Commissions two other Gent. in Surrey Mr. At. G. Did he not encourage you thereto what Arguments did he use John Stapley He spoke to me of it several times Mr. At. G. After what manner J. Stapley Onely in commendation of the thing I heard him say that if there were a necessity Surry folks would come into Sussex to assist them Mr. At. G. Who was present at any of these discourses J. Stapley There was none but him and my self Mr. At. G. At what place and at what time J. Stapley Near his own house at several times I have told you the main o●… the discourses Mr. Mordant Mr. Stapley about what time was this J. Stapley Above a year since Mr. Mordant Mr. Stapley at what place was the encouragement made Mr. Stap. I do not know what he means by Encouragement he onely told me of it Mr. Mordant I desire to know when I told you that I had received a Letter to encourage my friends from beyond Sea and who was by Mr. Stap. There was no body by L. Pres. About what time did he tell you of this Letter Mr. Stap. About half a year since L. Pres. Who was by Mr. Stap. No body my Lord Mr. Sol. Ellis Did he tell you it was the King that wrote to him and therefore it was just to assist him Mr. Stap. I think I heard him say so I cannot take my Oath of it L. Pres. Did he tell you what considerable persons were concerned Mr. Stap. I have heard him speak of some persons that were ingaged in this design Sir Fran. Vincent and one Brown he said that Sir Will Waller spake to him to speak to me L. Pres. When Mr. Stap. Above a year since it was since the Parliament Mr. Mordant My Lord I do not know Sir W. Waller Anthony Stapley sworn Mr. At. G. What discourse have you had with Mr. Mordant touching Charles Stuart A. Stap. We were about a quarter of a yeare agoe at the halfe moon Tavern in Aldersgatestreet at that time there was no discourse about the business at all After that he was speaking to me about the Times losses of priviledges great taxations c. wherein I agreed with him and wished they might be better I asked him if there was any way to help it