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A63183 The triall of Mr Mordaunt, second son to John Earl of Peterburgh at the pretended High Court of Justice in Westminster-Hall, the first and second of June, 1658. With some passages before and after it. T. W. 1661 (1661) Wing T2203A; ESTC R221779 18,091 51

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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 ingaged in it He told me he was not M. ATTORN GEN. What did he tell you concerning his being Intrusted by the King therein Here the Witness spake so low the Prisoner heard him not but desir'd Mr Stapely to turn his face to him that the sound of his words might be heard JO. STAP. 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 M. ATTORN GEN. Did he not say that he had Commissions from the King JO. STAP. He did not tell me so but I have heard him say others had had Commissions two other Gentlemen in Surrey M. ATTORN GEN. Did he not encourage you thereunto what Arguments did he use J. STAP. He spoke to me of it several times M. ATTORN GEN. After what manner JO. STAP. Only in commendation of the thing I heard him say that if there were a necessity Surrey folks would come into Sussex to assist them M. ATTORN GEN. Who was present at any of these discourses JO. STAP. There was none but my self and him M. ATTORN GEN. At what Place and at what Time JO. STAP. Near his own House at several times I have told you the main of the Discourses M. MORD. Mr Stapely about what Time was this JO. STAP. Above a year since M. MORD. Mr Stapely at what Place was the Encouragement made JO. STAP. I do not know what he means by Encouragement he only told me of it M. MORD. 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 J. STAP. There was no body by L. PRES About what time did he tell you of that Letter JO. STAP. About half a year since L. PRES Who was by JO. STAP. No body my Lord. M. SOL. ELLIS Did he tell you it was the King that wrote to him and therefore it was just to assist him JO. 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 concern'd JO. STAP. I have heard him speak of some persons that were engag'd in this Design Sir Francis Vincent and one Brown and I think Sir William Waller L. PRES When JO. STAP. Above a year since it was since the Parliament M. MORD. My Lord we may all see the strange effects of fear these worthy Gentlemen mentioned by Mr Stapely have clear'd themselves fully to the Protector And what in his Examination at White-Hall he was forc'd to say I blame him not for but to mention them here unless it were to their honours I know not at what it tends and need not justifie them any further Anthony Stapely sworn M. ATTORN GEN. What discourse have you had with Mr Mordaunt touching Charles Stuart ANT. STAP. We were about a quarter of a year ago at the Half-moon Tavern over against the New Exchange at that time there was no discourse about the business at all After that he was speaking to me about the Times losses of Privileges great Taxations c. wherein I agreed with him and wish'd they might be better I asked him if there was any way to help it He said Yea and said that Charles Stuart was intending for England and that would be a fair opportunity to redress all Grievances At Berkshire-House there he was pleased to enquire concerning the affairs of Sussex and in what preparation they were in case the King of Scots should land I told him I did not know I had not been in the Country lately I did believe that there would not be an appearance suitable to his expectation He told me something concerning Surrey that there was a considerable strength there ready to assist us in Sussex and joyn with us when any such thing should happen he did say something about delivering out four Commissions three for Horse and one for Foot to whom I know not I dare not swear it but it is to the best of my remembrance M. ATTORN GEN. What discourse past between you at the Half-moon Tavern about March last ANT. STAP. It was the day that the Cavalier party were to depart the City there was Captain Mallory my self and this Gentleman Mr Mordaunt and then he spoke again concerning Sussex that the King of Scots coming was suddainly expected and desired to know in what readiness we were I told him I could not tell but I did believe that things would be in as great a forwardness as the times would permit It was agreed upon that some of our Country should meet Mr Mordaunt at Crawly in Surrey upon the Tuesday following M. ATTORN GEN. What was the end of your meeting ANT. STAP. It was to consider further how things might be carried on as to the business of Surrey and Sussex there was an expectation of the landing of Charles Stuart and he did say that he heard Charles Stuart was in a readiness Mr Mallory my self and Mr Mordaunt were to meet further to debate of things I understood it was for the business of the King but it was not positively so expressed He asked me how things went on in Sussex I told him I could not satisfie him Therefore we told him there should some of our Countrymen meet him at Crawly to give him an account He said there was a considerable Force but I never heard him speak of any number of Horse or Foot in Surrey M. MORD. Mr Stapely I desire to know when I spoke to you of this ANT. STAP. My Lord it was I cannot tell the daies but it was suddenly after the breaking up of the Parliament all the discourses were since the breaking up of the last Parliament M. MORD. I desire to know where I spoke this and who was by ANT. STAP. As I take it the first discoure was at Long-Acre and no body by M. MORD. I desire to know the time when I met him at the Half-moon Tavern ANT. STAP. It was the day set for the departing of the Cavalier Party out of Town M. MORD. I desire to know who was by ANT. STAP. Captain Mallory M. MORD. I desire to know whether I did meet at the place appointed ANT. STAP. My Brother and M. Mallory did not meet him because my Brother was sent for to White-Hall M. MORD. I desire to know the Witnesses to all he saies ANT. STAP. It was all private only once at the Half-moon Tavern with Captain Mallory M. ATTORN GEN. My Lord there was mention made of one Captain Mallory whom we did intend to have as a Witness he was committed upon this Design being privy to it it hath so
fallen out that he is lately escaped I desire that Mr Serjeant at Armes Major Ellison Thomas Tatlock and William Cappat may be sworn All four sworn Here the Prisoner sate down during their Examinations M. ATTORN GEN. We do produce these Witnesses for this end Captain Mallory was a Prisoner and we did intend to make use of him here but it hath so fallen out that his guilty Conscience hath made him to fly Ask these concerning his being in Custody and endeavour of Escape MAJ. ELLISON My Lord Captain Mallory was in Custody and a Guard constantly set upon him which Guard was relieved every twenty four hours The manner of his Escape I only had by relation We have used all endeavours to have found him since he was escaped We did that night send presently to Southwark to Innes there and laid wait for him and sent to Captain Mallory's Brother-in-law where he formerly lay examined him but all in vain where we had any intimation of any relation of his we did send to search for him SERJ DENDY My Lord upon the 28th of May last since the Escape of Captain Mallory I receiv'd a Warrant from the Councel commanding me to use all diligence for apprehending of Captain Mallory I have accordingly endeavoured it Not knowing his Relations I did not speak to them I have used all means I could but cannot find him THO. TATLOCK My Lord Captain Mallory went away about nine a clock at night he went away in a black Suit and Cloak WILL. CAPPUT All that I know my Lord is that Captain Mallory was a Prisoner and changed his habit and hair went away and left money in the window to pay for his Lodging M. ATTORN GEN. My Lord the intention is to shew you Captain Mallory was a Prisoner is escaped and what means have been used for his apprehension Officer pray swear Mr Scobel Mr Scobel sworn M. SCOBEL My Lord Captain Mallory gave Information upon Oath before my Lord Goff and my self upon the one and twentieth of April last and upon his Oath did inform us that about the beginning of March last Captain Anthony Stapely and himself being at the Half-moon Tavern John Mordaunt Esquire being upon the Exchange was sent for to Mr Stapely and that he came thereupon Mr Stapely presented Captain Mallory to Mr Mordaunt as a Gentleman that was interessed in Stuart's Design together with Mr Stapely that was his Brother he said by that Brother he meant John Stapely Esquire Thereupon he informed us that Mr Mordaunt did demand of Captain Mallory in what readiness the Horse that were to be raised in Sussex were Mr Mallory informed us that to that he returned an Answer that they were not in so good a posture as he did believe Mr John Stapely had represented to Mr Mordaunt but doubted that it would fall much short Mallory told us that at that Answer Mr Mordaunt did much wonder because he said Charles Stuart the King was in a very good posture and that there was a daily expectation of his coming over with his Forces And that thereupon Mr Mordaunt did desire that there might be a meeting in some convenient place between him and Mr Stapely and such others of that County of Sussex as should be thought fit My Lord it was he said to this End that there they might conferre together and understand how the affairs stood in reference to the Counties of Sussex and Surrey that they might 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 Anthony Stapely and himself did speak with Mr John Stapely 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 Mordaunt at Crawly but in the mean time Mr John Stapely being sent for to White-Hall that meeting was prevented My Lord this is all L. PRES Mr Mordaunt would you ask Mr Scobel any Questions Here the Prisoner rose up M. SCOBEL I suppose Mr Mordaunt's asking me any Questions will not advantage him or that my Testimony is disadvantagious to him for all that I have spoke was the same that Mallory declared to me and my Lord Goff as Justices of the Peace M. MORD. My Lord it will not concern me to ask any Question no testimony being valid against me but what is Vivâ voce to this I neither know this Gentleman nor Mr Mallory M. ATTORN GEN. Mr Anthony Stapely were you with Captain Mallory and Mr Mordaunt at Dinner together at the Half-moon M. ANT. STAP My Lord Captain Mallory was once there but not at Dinner M. SOL. ELLIS The Attourney General hath exhibited a Charge of High-Treason against the Prisoner at the Barre that was to raise Force against the Government and publish Charles Stuart to be King and hold Correspondence with him Here the Prisoner made a little pause and looked on his Papers which he had just written on the Bar. His Defence was in these words M. MORD. My Lord you have heard the Witnesses The first Gentleman Mr John Stapely was pleased to urge against me that I said the King Here he was interrupted The President answers You mean 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 random but that I said so Being asked about Commissions he denies that I told him I either had Commissions or delivered any He saies I gave him Encouragement to this Engagement or what he calls 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 saies he heard I engaged two other Gentlemen Sir Francis Vincent and Col. Brown but saies not that I told him so and I can make it appear the Information he speaks of was false He was asked if any were by at these discourses he said none was by What can this be but a bare single Evidence on news or surmise He saies it was a year or more since He saies I was intrusted by Charles Stuart about the later end of the last Winter This is the summe of his Accusation I shall now my Lord compare his Brothers with his and how farre they are agreeing together let all the World judge who will find they are no where of a Piece but in their Malice For Mr Anthony Stapely he urges against me that at his Lodging I discours'd with him that the way to help us was to bring in Charles Stuart which if true might prove troublesome to me And for Surrey I have not been in it this year and half He saies only to the best of his remembrance I said I had three or four Commissions but he saies it is to the best of his remembrance but doth not say