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A91147 Beheaded Dr. John Hewytts ghost pleading, yea crying for exemplarie justice against the arbitrarie, un-exampled injustice of his late judges and executioners in the new High-Commission, or Court of Justice, sitting in Westminster-Hall. Conteining his legal plea, demurrer, and exceptions to their illegal jurisdiction, proceedings, and bloody sentence against him; drawn up by counsel, and left behinde him ready ingrossed; the substance whereof he pleaded before them by word of mouth, and would have tendred them in writing in due form of law, had he not discerned their peremptory resolution to reject and over-rule, before they heard them read. Prynne, William, 1600-1669.; Hewit, John, 1614-1658. 1659 (1659) Wing P3900; Thomason E974_2; ESTC R205170 13,713 20

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that you cannot do but onely by proceeding against him by a lawfull Indictment and Trial by a Grand and Pettie Jurie according to the great Charter Laws and Statutes of the Land and the late Petition of Right which this new Act cannot repeal or null All which this Defendant is readie to averr justifie and make good when and where this high Commission Court or his Highness the Lord Protector shall appoint which being a meer matter of Law wherein both the liberties and lives of all the Free born people of England are so universally highly and equally concerned as well as the libertie and life of this Defendant proper only to be debated before and resolved by the Judges of the Law or the high Court of Parliament This Defendant thereupon humbly praieth That it may be referred to openly argued by his learned Counsel before all the Judges or a Parliament by them determined and in the mean time humbly demandeth the Judgement of this High Commission Whether they may can or ought in point of Law and Justice to proceed against condemn or execute this Defendant upon anie illegal accusation or Impeachment whatsoever here exhibited or read against him without a legal Indictment Presentment and Trial by a Jurie of his Equals Or can take anie further connusance of the Charge against him for the premised Authorities Reasons which he in all humilitie referreth to and imploreth you to take into your saddest considerations and that in the Name and dreadfull presence of the Omniscient Omnipotent Soveraign g Gen. 18. 25 Judge of all the Earth h 2 Cor. 25. ●0 before whose glorious Tribunal you must all ere long appear stript of all Earthlie Honors Pomp Guards and Power to give a strict acount of all your Actions whether good or evil and of your proceedings in this verie Cause when this his Plea and Demurrer will rise up in judgement against and condemn you in case you willfully prejudge mis-judge or reject it now without due and full examination according to Law Justice Conscience And if the Consideration of this terrible day of account and just retribution before Christs own Tribunal shall not prevail with you to admit of this his Legal Plea and Demurrer as being after your deaths perhaps manie years yet to come and no waies endangering the loss of your Lives Lands Honors or Estates in this present world He shall then humbly intreat you for your own future indemnitie he hopes without offence seriously to consider That in the Parliament of 11 R. 2. c. 1. 5. 21 R. 2. c. 11 12. Tresylian chief Justice of the Kings Bench Belknappe Chief Justice of the Common Pleas John Care Iohn Holt Roger Fulthorpe William de Burgh Judges and Iohn Locton the Kings Serjeant were all impeached of high Treason condemned and some of them executed as Traytors and Enemies to the King Realm the rest perpetually banished their Lands and Estates confiscated to the King and all access of their wives children or others to them during their exile prohibited by Judgement Act of Parliament only for delivering their opinions through menaces and fear of death at Nottingham Castle under their hands and Seals against the Law of the Land That the Lords and Commons who procured the Commission in the Parliament of 10 R. 2. for the better Government of the Realm and moved the King to consent thereto deserved to be punished as Traytors by capital pain of death That so by colour of these their opinions Robert de Veer Duke of Ireland Nicholas Brambre Knight and others of the Kings ill Counsellers might take occasion to destroy and take away the lives of the Lords who procured and executed that Commission and others of the Kings people by undue and illegal Indictments and proceedings without any lawfull Trial by their Peers as Traitors to the King And the said Sir i Henry de Knyghton de Event Angliae l. 5. p. 2718 2726 2727 27 28. Nicholas Brambre for enforcing the Judges with others of the Kings ill Counsellors to deliver their opinions against Law and for his beheading executing 22 Prisoners of Newgate impeached and indicted of felony or suspition of felony at Foul-●oke in Kent by regal and tyrannical power incroached by him without warrant or due processe of the Law a-against the Great Charter and Vsage of the Realm of Engl. was in the same Parl. condemned for high Treason beheaded at Tower-hill on the same block with the same Axe he had prepared to cut off the heads of others he intended there to execute as his Enemies And that in the last Parliament of King Charles the k Their Impeachments are entred in the Iournals of the Lords and Commons House two chief Justices Brampston and Finch the chief Baron Davenport and all the rest of the Judges and Barons except two were by the whole House of Commons and some of the Commissioners here sitting and Counsel pleading against this Defendant impeached of high Treason dis-Judged and put to fines and ransoms for that they had trayterously endeavoured to subvert the fundamental Laws and Government of the Realm of England and instead thereof to introduce an arbitrary and tyrannical Government against Law which they had declared by trayterous words opinions and judgements in the case of Ship-money against Mr. John Hampden Which judgement and opinions concerned only the propertie of the Subjects goods not the hazard of their lives inheritances and forfeiture of their estates as your present proceedings doe being of a more high and dangerous consequence In which Parliament by the like Impeachment and prosecution * See Canterburie Straffords printed Trials William Laud Archbishop of Canterburie and Thomas Earl of Strafford Lord Deputie of Ireland were condemned and executed by Judgement of Parliament and some here present as Traitors guiltie of High Treason for that they endeavoured traiterously to subvert the Fundamental laws and established government of this Realm and in stead thereof to bring in and set up an arbitrarie and tyrannical power against Law To prove which Charge their arbitrarie proceedings contrarie to the Laws and great Charters of England both at the Counsil Table in the High Commission Star Chamber and elsewhere were given in Evidence against them and more particularly the Earl of Strafford's proceeding against the Lord Mount-Norris in Ireland by a Council of War in time of Peace and condemning him to death therein without any legal Indictment and Trial by his Peers against the great Charter Laws of the Land though he did not execute him thereupon And whether your present proceedings of like nature against this Defendant in case you reject or over-rule this his Plea and Demurrer and condemn and execute him by pretext of an illegal Act made by no free and lawfull Parliament of England for offences not treasonable by the known Laws and Statutes of the Land nor legally proved against him by any one Witness produced in Court