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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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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