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A63183
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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.
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T. W.
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1661
(1661)
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Wing T2203A; ESTC R221779
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18,091
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51
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THE TRIALL OF M R 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 LONDON Printed by JAMES FLESHER 1661. TO The Right Honourable ELIZABETH Countess Dowager of PETERBURGH MADAM HAving the Original of my Lord Viscount MORDAUNT'S Trial by me I believ'd it a Duty to my Country to publish so Signal so great and Generous an Action that in case Our Nation be traduc'd by Strangers for so low and mean a Compliance under that horrid USURPER and TYRANT CROMWELL we may be able to produce upon record as Noble a list of Martyrs and Heroick Spirits as ever the number of years considered suffered for any unfortunate Prince in Europe And Madam although my Lord Your Son appears not in this Calender in Bloudy Letters yet to Your fuller satisfaction he will ever be Registred in Golden ones the declension of Cromwell's Fortune and Family taking its Visible beginning from my Lord Mordaunt's Escape who was mark'd out a Victim for the Nobility as Dr Hewet and Sr Henry Slingsby were for the Gentry and Clergie and his Deliverance had this of singular in it that having set up his rest on his Defence he was clear'd by that bloudy pretended High Court of Justice and remains Recorded the first Precedent of that Nature To whom then can I dedicate this Memorial so properly as to Your Ladyship the Noble Stock from whom this Branch proceeds And indeed this Remarkable Action was an Honour to Your Family though ne're so fertile for high Atchievments as well as to his own and none can say which of Your Houses has more right to the Glory of it the Howard or Mordaunt To be particular in the Relation of this were needless there being thousands of Witnesses and Westminster-Hall scarce ever so throng'd Yet I cannot omit to observe it was manifest to all present he knew to speak as well as how to attempt or die 'T is now Madam visible that God preserv'd Your Son for greater Actions which to Your lasting comfort You will alwaies remember How after his unexpected and almost Miraculous Escape from the Axe he calmly undertook a second worthy attempt the uniting of two long-jarring Parties at the time when the Consternation was so universal upon mens spirits that few though otherwise honest would hear what he design'd so great a regard had men in those daies to what they desir'd should be thought Prudence Vpon which Conjunction he founded the certainty of a Noble Warre or a healing Peace The considerable Rising of Sr George Booth satisfies he was not mistaken in the first and the happy composure of all Our Differences by his Maties Restauration evinces his foresight Prophetick as to the other I protest Madam I cannot without some amazement reflect upon the Providences attended him by Sea by Land in all his Concealments and Negotiations and after he had been so often and publickly proclaim'd Traitor and the Coasts watch'd to take him he never in the least declin'd any Risque or Hazzard whatsoever though he knew Death attended him every Minute if he came to be discover'd but with a quiet Resignation prosecuted what his heart was set upon his Maties Restauration and his Country's Liberty How great and Eminent an Instrument he has been towards His Maties Restauration what Employments and Transactions have been committed to his Prudence and Resolution and how fortunately he has acquitted himself of those great Trusts and what faithful Services he has rendred the Crown is doubtless known to all who pretend to business else I could not but wish all good Fortune and Success to that Merit and Courage which first broke the Ice and gave Reputation to the Counsels and Party of our long-banish'd SOVERAIGN But Madam Your Family will finde greater Rewards from His Maty then I dare express In confidence of which I have no other wish then bumbly to beseech Your Ladyship to look on me as Madam The most Obedient of all your Servants T. W. THE Trial of Mr MORDAUNT AT The pretended High Court of Justice AP ril 1. 1658. Mr Mordaunt was by a Guard of Souldiers taken in his Bed at Berkshire-House and carried directly to the Protector All his Writings were then seiz'd on and never returned He was for that time dismiss'd upon his Honour to appear upon Summons and remained at Berkshire-House till the fifteenth when after some hours Examination he was committed for High-Treason to the Tower During which fourteen daies time Mr Stapeley who was one of the Witnesses against him was never pleas'd so much as to acquaint him with his Danger or his own Examination though he was Prisoner at large and â—ay next door to him This was the reason made Mr Mordaunt so secure believing that a Gentleman could not wrong him so much as to accuse him and not give him notice of it His Imprisonment in the Tower was the severest that ever was heard of for the time He was ever close but the last three weeks had constantly an Officer and a Souldier by his Bed-side locked in with him two Keepers having several Keys so that but by joynt consent no person could be admitted to him and lest this was not sufficient he had two Souldiers at the house doors day and night His Ladie 's being with him made this unheard-of Cruelty unsupportable She being likewise stript and search'd by women sworn to that purpose and her hair pull'd about her ears to find Papers As himself likewise afterward and his Servants had all their Clothes cut and opened yet nothing could be found which extremely enrag'd the Officer His very Prayers were not private nor had he one hour free from disturbance when he was providing for his Trial so insolent were the Souldiers with him Till within two daies of his Trial he was permitted neither Pen nor Ink And to the Lieutenant Colonel whose name was Miller who gave him so short a summons to prepare for such a Defence he express'd his dissatisfaction in point of time for so serious a Work and desired Counsel But the Lieutenant of the Tower refus'd his hand to their Warrant for their safe return so he had none but immediately said he was resolved not to own the Court nor that way of Trial. One usage was so barbarous I cannot omit it The night before his Trial he sate up late to provide his Defence committing himself into the hands of God as verily believing by their Cruelties shewn he was ordained for Death Scarce was this persecuted person asleep by his Lady but a Captain going the round commanded the Souldiers to wake him and make him speak they obeyed the command opened the curtain and stirr'd him His Lady at first feared foul play but compos'd her self again and he waking demanded the reason of such insolence No answer was given but that it was by Command Are ye commanded saies he to keep me
waking till my Trial Cozen not your selves by Gods assistance these insolencies will not so distract me but that I shall be able to make a good and just defence To this the Souldiers made excuse saying they durst not disobey Commands As he was led out by a Guard the Countess of Peterburgh his Mother sent his young and onely Son Charles to receive his last Blessing The Child and the Servants that attended him met Mr Mordaunt at the Court of Guard where before the souldiers he put off his Hat and blessed him and openly commanded he should be brought up in his Father's Principles and Religion saying that though hereafter he came to that end which he was going to he could not chuse but die Happily and Nobly These expressions so moved the Souldiers that he left the most barbarous with tears in their eyes The first day of Trial he was led out of the Tower by one Foster a Captain of the Lieutenants Regiment the Villain that shot Sir Charles Lucas and Sir George Lisle who held him alwaies by the hand By reason of his swoln face he was last ready so that the Prisoners staied expecting him at the Water-gate which displeas'd the Captain so much that he told him he was very lazy for the Prisoners had staied an hour in the cold Mr Mordaunt when he saw the Prisoners begg'd their Pardon who seeing his condition were easily satisfied But Foster said he could not blame his stay for never man went out to Trial so sure to lose his Head This was said publickly which gave Mr Mordaunt occasion to ask him if he were one of his Judges and protest he could never be satisfied he ought to plead before those who did in effect condemn him before-hand For the Lieutenant had said as much too This Foster offered to give him a hundred pounds for a Piece if he escap'd yet after having received the money was taken off his wager by Licutenant Col. Miller Tuesday the twenty fifth of May the three Prisoners Sr Henry Slingsby Dr Hewet and Mr Mordaunt being in the Court of Requests Sr Henry Slingsby was carried to Trial. The Court adjourn d till Thursday from Thursday it adjourn d till Tuesday June the second in which time it pleased God to strike such a horror into Mallory of the hateful part he was to perform by appearing personally against two such eminent persons that by the assistance of a maid which served Mr Mordaunt he took a Disguise and a Purse she brought him and made an escape out of prison lying concealed till Mr Mordaunt's Trial was over and then being unfortunately re-taken was imprisoned in the Tower the rest of Cromwell s life This together with Mr Mordaunt s Aposteme of which he had like to have died in the Tower his Ladie 's Note sent whilest he was in the height of his debate and Colonel Pride's going out were the wonderful Providences it pleased God to use for the preservation of this Gentleman Dr Hewet was tried first and not suffered to plead Mr Mordaunt seeing him returned asked him how he was tried He said he could get neither Jury nor Counsel and insisting for both was hurried away but he pray'd God to bless him with better fortune Mr Mordaunt being brought to the Barre he put on his Hat and sate unconcernedly down before the President who rose and told him there was a respect due to the Court he performed not and spoke to Serjeant Dendy to take off his Hat which Mr Mordaunt perceiving to prevent him threw it away himself THE Beginning of his Trial which lasted almost till Night MR Phelps Cl. John Mordaunt Esquire thou standest here charged with High-Treason against his Highness the Lord Protector and the Commonwealth you have heard the Charge read the Court demands your positive Answer thereto whether Guilty or not Guilty M. MORD. I desire I may hear the Commission read by which you sit L. PRES You are impeached of High-Treason we require your Answer M. MORD. I desire the Commission may be read and the Commissioners names L. PRES You are to be tried by the Laws of England Act of Parliament and Commission of the great Seal of England in pursuance of that Act. M. MORD. I claim it as my Right I am ignorant in the Law I desire it may be read L. PRES It is not granted to any M. MORD. Will you take away that Liberty that we shall not know by what Commission we are tried nor who are our Judges I desire I may not be made the first Precedent L. PRES It is visible who are your Judges they are named by Act of Parliament We are your Judges M. MORD. It appears you will be though I am not satisfied in it but the Act will not bear that it must not be read I desire a Legal and just proceeding L. PRES The Act of Parliament doth not require it M. MORD. The Act not denying it it follows it is my Right L. PRES You shall have all the Privilege that may be but you must first plead M. MORD. My Lord I demand this to have the Commission read M. ATTORN GEN. My Lord pray let him know what is done to warn him lest he fall into the same condemnation There was one but a little before you that demanded the same thing and the Court hath ruled it otherwise and he hath received his Sentence I tell you of it that you may beware and know how to carry your self If Mr Mordaunt will be pleas'd to answer whether Guilty or not Guilty of those Crimes then he shall have a fair Trial and full Examination if otherwise the same Sentence must be required as before that is upon refusal the Judgment pronounced for High-Treason M. MORD. My Lord I desire the Act may be read M. ATTORN GEN. The Act is publick the Court is not to give you an account of their Authority or the way of their proceedings they require your Answer M. MORD. My Lord shall I not know by what Law I am tried nor by what Act nor by what Commission M. ATTORN GEN. You seem to be a yong Gentleman I wish you would rather plead not Guilty or make an ingenuous Confession M. MORD. My Lord truly it appears this Gentleman is for the Protector I am for myself and resolv'd not to lose my native Rights I desire I may have Counsel assign'd to argue it with this learned Counsel If this Counsel convince mine I will submit if on the contrary what I demand I expect will be allowed me This is the first time I have been before any Court in my life I desire that my Reason may be convinc'd and to know if the Protector 's Counsel will say I am debarr'd hearing the Commission and Act read however I shall referre it to the Judges of the Land by whose Opinion I will stand or fall M. ATTORN GEN. My Lord you have offered that Gentleman very seasonable advice I wish he may be