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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
power_n	according_a	justice_n	law_n	2,579	5	4.6374	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

14 H. 7. f 19. Brook Challenge 86 211 217. Stamfords Pleas l. 3. c. 7 Cooks 3 Instit p. 27. according to Law admitting such challenges even in Cases of high Treason and all just Exceptions to the Witnesses produced and had a most fair and free triall being found guilty by the Jury before any Judgment passed against them Which Justice he humbly craves in his Case of less hainousness and importance than theirs being a native English free-man and they onely Irish Rebells because this his inherent Birthright and Liberty can e 1 E 6. c. 12. 1 2 Phil. Mar. c. 10 11. Cooks 3 Instit c. 1 2. neither be forfeited by him for any real or pretended 〈…〉 or offence whatsoever nor yet be denied or deferred to him after all the premised Laws Statutes Charters Judgments Resolutions Presidents without the highest injustice And he further saith that to proceed against trie condemn execute him in this high-Court without a legal Indictment Presentment and Trial by the Oaths of twelve good and lawfull men according to the due order and course of the Common Laws of this Realm and that in Westminster Hall it self the place of Law publick Justice in time of Peace when and where all other Courts of Justice are open or in any other form by way of Martial Law or otherwise than a just Jurie of his Equals is not only illegal erroneous against all Rules of Justice the Commissioners themselves being both his grand and pettie Jurie and his Judges likewise if not parties interessed to whom he can take no peremptory nor legal challenges which the f Cook 's 3 Instit f. 27. Brook Challenge 217. Law allows him if tried by a Jury in cases of high Treasonat this day but also wilfull and malicious Murder by the Laws of England being against Magna Charta c. 29. and done by such power and strength as he this Defendant cannot defend himself against as is resolved in Sir Edward Cook 's 3 Instit p. 52. 224. printed by special Order of the House of Commons dated 12 May 1641. and long before in Andrew Horn his Mirrour of Justices c. 5 p. 296 297. who records that our noble King Alfred caused no less than 44. of his Justices to be hanged in one year as Murderers for condemning and executing some of his people without a legal Indictment and Trial by a sworn Jury and others of them for offences not capital by the known Laws of the Land and without clear and pregnant Evidence And this Defendant likewise saith that the Commons themselves sitting at Westminster after the late Kings Execution in their printed Declaration of 17 Martii 1648. expressing the grounds of their proceedings against the said King and for settling the present Government in way of a Free State to which many in present power and ●●tting here were assenting and gave their Votes did thereby faithfully promise and engage to the whole English Nation That the good old Laws and Customes of England The Badges of our Freedom the benefit whereof our Ancestors enjoyed long before the Conquest and spent much of their bloud to have confirmed by the great Charters of their Liberti●● which have continued in all former Changes and being duly executed are the most just free and equal of any other Laws in the world shall be duly continued and maintained the Liberty Property and peace of the Subject being so fully preserved by them adding that if these Laws should be taken away all industrie must cease all miserie bloud and confusion would follow and greater calamities if possible than fell upon us by the late Kings mis-government would certainly involve all persons under which they must inevitably perish And moreover the General Council of the Officers and Army themselves whereunto most Officers and Souldiers in present power and some Commissioners here sitting were parties in the Declaration of their Engagements Remonstrances Representations Proposals Desires and Resolutions for settling the Parliament in their just Privileges and the Subjects in their Liberties and Freedoms printed by their own Orders and reprinted all together by Order of the Lords in Parliament 27 September 1647 pag. 11 36 37 38 39. especially in their Declaration and Representation tendered to the Parliament concerning the just and fundamental Rights and Liberties of the Kingdom 14 May 1647 do profess and declare That they were not a meer mercinarie Armie hired to serve any arbitrarie power of State but called forth and conjured by several Declarations of Parliament to the defence of their own and the peoples just Rights and Liberties and that they took up Arms in Judgment and Conscience to those Ends and have so continued them and are resolved according to the Parliaments just desires in their Declarations and such principles as they have received from their frequent informations and their own common sense concerning those fundamental Rights and Liberties to assert and vindicate the same against all arbitrarie power violence and oppression and against all particular parties and interests whatsoever that so all the free-born people of this Nation may sit down in quiet under the glorious administration of justice and righteousness and in full possession of those fundamental Rights and Liberties without which we can have little hopes as to humane considerations to enjoy any comfort of life or so much as life it self but at the pleasure of some men Ruling according to will and power That they desire the establishment of such good Laws as may duly and readily render to every man their just Rights and Liberties And more particularly in their Proposals to the Commissioners of Parliament in order to the clearing and securing of the Rights and Liberties of the Kingdom August 1. 1647. Sect. 10. p. 114. they proposed That the Rights and Liberties of the Commons of England May be cleared and vindicated from any other Iudgment Sentence or Proceeding against them other than by their Equals or according to the Law of the Land And this Defendant finally saith that by the Instrument of Government it self 16 December 1653. Artic. 6. and the Oath therein prescribed to and accordingly taken by his Highness Oliver Cromwell Lord Protector he is limited and sworn not to alter suspend abrogate or repeal the Laws and to govern these Nations according to the Laws Statutes and Customes causing Justice and Law to be equally administred whereunto he is likewise obliged and sworn again by his Oath prescribed in the late printed humble Petition and Advice Neither doth that pretended Act by which you here sit as Commissioners to trie this Defendant made by no legitimate nor free Parliament of England and that when near one hundred and fiftie Members thereof were causlesly and forcibly secluded authorize you as he humbly conceiveth to proceed against him for any Crime therein specified to Conviction or final Sentence but onely as in Cases of high Treason and misprision of Treason and according to Justice and

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

before his face without consulting the present Judges of the Land who refuse to join or sit with you in this new illegal way of Trial will not much more involve you in the Crime and guilt of the verie self same high Treasons for which they were thus anciently and lately impeached condemned executed by Judgment of Parliament and so expose you to the like capital censures forfeitures confiscations of your real and personal Estates as they underwent in future Parliaments by your endevoring to subvert all the premised fundamental Laws and established legal proceedings in the Land and to introduce and set up a meer arbitrarie and tyrannical power contrarie to Law to the endangering not onely of the properties but lives liberties and Inheritances of all the Noblemen Gentlemen Clergie-men and other Freemen of England by such exorbitant martial proceedings after all these Statutes Judgments with the late Remonstrances Declaratiions Leagues Covenants and solemn Oaths of the Lord Protectour himself and others against them yea after the many years Wars and heavie Taxes imposed on the Nation for the maintaining and inviolable preservation of these fundamental Laws Liberties and Rights against all arbitrarie Commissions and proceedings whatsoever he humbly submits to your own impartial Resolutions and consciences And thereupon this Defendant praies his Dismission from any such further proceedings against him without a lawful Jury and Trial by his Peers And that you will be pleased after deliberate consideration of the premises to reverse and recall that arbitrary unrighteous bloudy Sentence of Death you have newly passed against him without anie lawfull Indictment Presentment Trial Confession or Conviction of Treason which strikes at the Root of the Fundamental Laws liberties franchises of all English Free-men and cuts off all their necks at one stroke transcending all the arbitrarie tyrannical proceedings of Strafford Canterbury and the late King Charles whom some of your selves have impeached censured condemned decapitated as the very worst and greatest of Tyrants lest it become a most pernicious fatal president to posteritie to others or your own destruction and render you as execrable to all succeeding generations as anie formerly guiltie of the like exorbitant proceedings Just and Legal Exceptions to the Cause and Manner of the Illegal Judgement given against Dr Iohn Hewytt humbly tendred by him to the consideration of those Commissioners who denounced it THat it is specially enacted by the Statute of Westminster the 1. ch 12. and accordingly resolved in Brook Pain 1 2 4 5 8 9 12 13 14 15 19 and the Year-Books therein abridged by Stamfords Pleas of the Crown l. 2. c. 60. Dyer f. 205. a. 300. b. Cooks 2. Institutes p. 177 178 179. and 3. Institutes p. 217. That no man ought by Law to be condemned or put to death in case of Treason or Felony for standing mute or refusing to plead or put himself upon his Trial or for challenging more than 36. of the Jurie peremptorily but only in these cases 1. When and where the person accused and arraigned is a a West 1. c. 12. Stamford l. 2. c. 60. f. 149. b. Cooks 2 Instit p. 177. 179 Notorious Traytor or Felon and openly of evil name and defamed thereof But Dr. Hewytt is no such person 2. When and where the Treason or Felony for which he stands accused is b Cooks 2 Instit p. 177. Stamford f. 150. a. notorious evident certain or at least very probable and already found upon Oath against him by the Presentment or Indictment of an honest lawfull Grand-Iury of his Equals of the same County wherein he is arraigned or confessed by himself All which Circumstances and Evidences of Guilt were wanting in Doctor Hewytts case 3. When and where the Judges c Stamford l. 2. c. 60. f. 150 a. for the better satisfaction of their consciences and discharge of their duties doe as they ought by Law first openly examin the Evidence and Witnesses which prove the person arraigned guilty of the Fact of Treason or Felonie for which he stands indicted before they proceed to give Iudgement against him for not pleading or standing mute Which was not done in this case there being neither Witnesses nor Evidence produced in open Court to prove him guiltie 4. When and where there is a legal Indictment found against the partie arraigned which being read openly to him in Court the Traytor or Felon thereupon doth either d Stamf. l. 2. c. 60 Cooks 2 Instit p 177 178. wilfully or maliciously stand mute refusing to answer or plead thereunto which the e Stamford f. 150. b. 43 Ass 30. Fitz. Corone 225. 8 H. 4. 2. Cooks 2 Instit p. 178. 21 E. 3. 18. Iury there impannelled to trie him are by Law to enquire of finde and return upon Oath Or peremptorily challengeth above 35 of his Iury without any legal cause or exceptions Or else obstinately f Cooks 2 Instit p. 178. refuseth to put himself upon a Legal Tryal by God and his Country being a Iury of honest lawfull men of the County then and there present * 11 H. 4. c. 11 Cooks 3 Instit p. 32 33. retorned by the Sheriff alone not Iustices or others for to try him to whom by Law he may take both his legal and peremptory Challenges saying That he will be tried only by God and the Bench or by God and the Court or Judge or g 4 E 4 11. 7 E. 4 29. Brook Pain 14. by God and the Virgin Mary or Holy Church there being no president extant in Records or Law-books of any Traytor or Felon hitherto condemned to die for standing mute or not pleading onely for refusing to be tried by God and the honourable Bench Judges Court Alone without any Indictment or Jurie and for earnestly importuning the Court and his Judges that he may be tried onely by God and his Countrey and on an Indictment by a Jury of his Equals according to Law casting himself wholly upon such a Trial after a lawfull Presentment and Indictment first found against him by a Jury The onely reason rendered in and by the forecited Statute and Law-books of all Judgments hitherto given against any Traitour or Felon for standing mute and refusing to plead being this h W. 1. c. 12. 3. Instit p. 217. 2. Instit p. 179. 8 E. 3. Itin. Nort. Fitz. Corone 359. 14 H. 4. 7. Brook Pain 14 15. Because he peremptorily refuseth to stand to and be tried by the Law of the Land and a due and lawfull Triall by a Jury of his Equals according to the course of the Common Law and the great Charter But Dr. John Hewytt is now condemned to be executed as a Traitour by the High Court of Justice contrarie to all former Presidents Statutes Law-books and the onely legal reason in former times of all Judgments rendered against any persons in such cases even for his frequent earnest importunate demanding and peremptorie casting of himself upon a due