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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	court_n	knight_n	sir_n	7,614	5	7.2490	4	true

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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

Lord I leave it to you I remit my life into your hands resting and believing your Lordsh●●● will deale with me as one of this Nation an English Freeman I leave it to you and doe submit L. Pres. Withdraw th●… 〈◊〉 Proclamation to adjourn into the Painted Chamber After a little debate in the Painted Chamber they adjourned till the morrow the second of June 2 June 1658. The Lords Comissioners met in the Painted Chamber about to in the morning and there continued till about 4 a clock afternoon and th●…n adjourned into Westminster Hall where Proclamation being made the names of the Lords Commissioners being read Mr. Serj. was commanded to bring Dr. Hewet Sir H. Slingsby and Mr. Mordant to the Barr. Proclamation for silence was made Mr. Phelps Si. H. S. Stand at the Barr and heare what the Court hath to say to you Mr. At. G. My Lord as for Sir H. Slingsby and Mr. Mordant you have heard the impeachment read and their Pleas I have given in the evidence I pray your judgment as to them as for the other you have heard the impeachment and no defence I pray your justice L. Pres. and Sir H. S. Knight thou hast been impeached on the behalfe of the Lord Protector and this Common-wealth of High Treason to which thou hast pleaded Not guilty which the Court hath taken into consideration What hast thou to say further why this Court should not proceed to Judgement S. H. Sl. My Lord I humbly desire I may be try'd by a Jury for I must say you are my Enemies pardon the expression if not so why did you Sequester me and sell my whole estate and why did you deny me the Act of Oblivion There is no man would willingly appeale to his adversaries there are some among you that have been instrumental in my Sequestration and in the selling of my Estate for which they gave me no reason but this that I would not compound when I thought not fit so to doe when there was no establishment or setled peace if I had compounded I had not been sure whether I might not have compoun●…ed over again my Estate hath been Sequestred and sold now to be my Judge and Jury I humbly pray being a Commoner I may be try'd by Commoners L. Pres. and S. H. Sl. I am not to heare you as to any of these things you have pleaded already this is not a time of pleading but a time of judgment Therefore I must require your silence and heare me a few words S. H. Sl. I am really c. The Lord Presidents Speech SIr Henry Slingsby I am really and truly afflicted for your sad condition but when I consider the nature of your Offence with the circumstances and aggravations of your Treason committed when I consider your person and that such a person as you are should be instrumental in so detestable a Conspiracy and when I think of that Judgement that must be given against you methinks you are one of the saddest Spectacles that ever I beheld in all my days I beseech God that you may seriously lay it to your heart with sorrow and repentance and that you may be more sensible of what you have done then of what you are to suffer Sir Was it not a great aggravation of the sins of the Egyptians that when God had declared himself by so many signs and wonders on the behalf of the Israelites that yet notwithstanding they would still pursue Moses and Israel was not this a great aggravation of their sin Who is so great a stranger in this Nation as to be ignorant what God hath done amongst us by a series of wonderful Providences so many years together against that very party who are still hatching of Treasons and Rebellions amongst us It grieves my very soul to think of it that after so many signal Providences wherein God seems to declare himself as it were by signs and wonders that your heart should be still hardened I may say more hardned then the very hearts of the Egyptians for they at length did not only see but but confessed that the Lord sought against them but you O that you would confess and give glory to God You cannot chuse but 〈◊〉 that the Lord fights against you that the stars in their courses ●…ght against you and yet you will not see you will not confess until destruction over-takes you This is a sad lamentation and I beseech God that you may 〈◊〉 consider it Sir If the signal and the wonderful Providences or God will not deter you yet methinks National consi●…rations should 〈◊〉 you from such a Treason as this is Charls Stuart is in 〈◊〉 with Spain against England he is in Confederacy with that great Popish int●…t Is it imaginable that an Englishman that a Protestant should a●…st ●…uch a 〈◊〉 as this is yet that which is not imaginable in it 〈◊〉 is h●… 〈◊〉 and evidently proved ●…ore us Sir H. Slingby There are three witnesses 〈◊〉 or Waterhouse Capt. Overton and Li●…ut Thompson two of them full in evidence as to every Charge against you and three of them as to ●…ome of the Charges and besides your own Confession at the Bar full in proof against you Did it not clearly appear in proof before us that you promoted C. S●… to be King o●…England Did it not clearly appear before us that you endeavoured to betray the Garri●…on of Hull to C. Stuart Did it not likewise clearly appear before us that you endeavoured to withdraw the Officers and some of the Soldiers of that Garr●…●…rom their o●…edience to his Highness and to make a mutiny in that Garri●…on and all the circumstances did clearly appear Was it not proved before us that you offered a Commi●…on to Major Waterhouse and promised him a Commi●…on in the ●…rst place and a second to Capt. Overton and a Deputation to the third And what you promised did you not make it good Did you not with your own hand off●…r a Commission sealed and said it was from C. S. And did you not only encourag●… him by telling him that he was coming into England with a considerable Force but did you not pr●…mise also that upon his landing 5000l should be paid to Maj. Waterhouse All these things were clearly proved before us Sir What said you to this Proof You confessed upon the matt●…r a●…l in effect all but only some things you said by way o●… excuse and I shall truly relate them all All you did you told us was but in Jest What Sir if tho●… discontented English that complied with Spain in Q. Eliz. days in 88. had said they had been in ●…st what would you have thought of that Sir What if those ●…uited Papists that would have blown up the Parliament-house upon the 5. of Nov●…mb with Barr●…ls of Gunpowder had said that they had brought in those Barr●…ls in Jest what would you have thought of it Sir be not deceived As a man sows so shall he reap You

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

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

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

the better assist each other in the intended insurrection he did inform us my Lord that accordingly it was agreed there should be a meeting upon the Tuesday following at Crawly and in order thereunto he said that Mr. An. Staply and himselfe did speak with Mr. Joh. Staply to have a meeting accordingly at Crawly upon the Tuesday following and they did agree to it he said that they should meet with Mr. Mordant at Crawly but in the mean time Mr. Joh. Staply being sent for to Whitehall that meeting was prevented My Lord this is all L. Pres. Mr. Mordant would you aske Mr. Scobel any question M. Scobel I suppose that Mr. Mordant's asking me any question will not advantage him or that my testimony is disadvantageous to him for all that I have spoke was the same that Mallory declared unto me and my Lord Gosse as Justices of the peace Mr. Mord. My Lord I neither know this Gentleman nor Mr. Mallory upon my oath Mr. At. G. Mr. An. Staply were you with Cap. Mallory and Mr. Mordant at dinner together at the Halfe moon Mr. A. Stap. My Lord Cap. Mallory was once there but not at dinner Mr. Sol. Ellis The Attorney Geueral hath exhibited a charge of High Treason against the prisoner at the Barr that was to raise force against the Government and publish Charles Stuart to be King and held correspondence with him Mr. Mord. My Lord you have heard the witnesses the first Gentleman Mr. Joh. Staply he was pleased to urge against me that I said Charles Stuart writ to me to engage my friends but said not that he saw the letter or that any one was by he did not name the time or place but at randome but that I said so being asked about Commissions he denyes that I told him I either had Commissions or delivered any he says I gave him encouragement to this engagement or what he cals it I know not but he doth not say what kind of encouragement it was he doth not say I promised him money or preferment he says he heard I engaged two other Gentlemen Sir Francis Vincent and Col. Brown he was asked if any was by at these discourses he said none was by My Lord this is a single evidence he says it was a year or more since he says I said I was intrusted by Charles Stuart about the latter end of the last winter For Mr. An. Staply he urges against me that at his lodging I discoursed with him that the way to helpe us was to bring in Charles Stuart he says that I said in Surry was a considerable strength to joyn with Charles Stuart which if true might prove troublesome to me but I have not been in Surry this year and a halfe he says only to the best of his remembrance I said I had three or four Commissions but he says it is to the best of his remembrance but doth not say he saw the Commissions and will not swear whether they were for Horse or Foot he says at the Half-moon I spake with him and Mallory who that is I have already spoke to he says I did not name the number of any forces that were ready he says that we agreed to meet on the Tuesday following at Crawly with Mr. Mallory but says that I was not there My Lord I doe not know that place He says it is in our Country but it is not he says it was his Brother Joh. Staply that was to meet me he says it was not about any positive thing why I was to meet there but in generall to carry on things about the intended design he says not that I said it but that I said I heard that Charles Stuart would land with a considerable party he says it was to debate things in generall he said it was not said about Charles Stuart that he was not mentioned but he supposed it to be so he says positively that I never spake of any number of Horse or Foot or any thing of that kind I asked him when I first spoke of this he returned no time would not say any positive time but said all was since the breaking up of the Parliament I asked him who was by he said no body all was private he says the time when we were at the Halfe moon was near the time that those that served the late King were banished he says positively I did not meet at the place appointed and he gives the reason a very insufficient one because his Brother was sent for up that could not hinder me he waves his own meeting he says all was private I submit it all to this honourable Court Mr. Sol. Ellis The Charge is for levying of War to alter the Government and embroyle us again in a new War to which he pleads not guilty for the proof of this we have offered to you witnesses I shall take them in order as the Gentleman did at the Barr. John Staply said Mr. Mordant said the King writ to him to encourage and engage his friends to assist him at his coming but says not the time when this was done he says he did not see the letter but says Mr. Mordant told him he had a letter all the discourses because he says there was no time it agrees that they were since the tenth of October 1656 and so it is clear within this Act and within your jurisdiction Now see how it was carried on after he had told him this how doth he encourage him in his telling him the justice of the cause the persons engaged therein and of Sir William Waller Then My Lord he told them if the Forces of Sussex were not sufficient that the Surry forces would come to assist them for the coming in of Charles Stuar●… this both John and Anth●…ny Staply So that we conceive under favour that Joh. Staply and An. Staply doe agree in most of the circumstances An. Staply says that Mr. Mordant came to him tels him there were great grievances I says he but how shall it be remedied tels him that Charles Stuart intended to come to England with a great force which would redresse them he asked him how the businesse was in Sussex he said it was not in so good a posture as he expected he said that Surry forces should joyn with Sussex My Lord I leave it nakedly to you if you find this to be true we submit it to you and Mr At. G. will pray what his place requires Mr. At G. You have heard the business this Gentleman hath interposed himselfe where he was not called it is a happiness this business was discovered upon this evidence I leave it to your justice and as you shall judge I shall say more Mr. Mord. My Lord I will speake to you very short it is this that to all this though it be urged against me by the ablest men in the Land yet there is but one witnesse in a manner and that differing in many circumstances Here he was interrupted My

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