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A59394 The several tryals of Sir Henry Slingsby, Kt., John Hewet, D.D., and John Mordant, Esq., for high treason, in Westminster-Hall together with the Lord President's speech before the sentence of death was pronounced against the afore named Sir H. Slingsby and Dr. Hewet, being the 2 of June, 1658, at which time the said Mr. Mordant was by the court acquitted : as also the manner of their execution on Tower-Hill the 8 of June following, with the substance of their speeches on the scaffold. Slingsby, Henry, Sir, 1602-1658.; Hewit, John, 1614-1658.; Mordaunt, John Mordaunt, Viscount, 1627-1675. 1658 (1658) Wing S2814; ESTC R37358 40,065 33

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may Sir H. Sl. I see that I am trepan'd by these two fellows They have said that serously against me which was spoken in mirth between us I never sought to them but they to me the Commission was procured by no intercourse with any persons beyond the Seas but a blank which I had for four years together Nor had I any correspondence beyond Sea to carry on any design here Lieutenant George Thomson sworn Being asked what Officer he was he answered I am a Lieutenant to Major Waterhouse I was desired to go and see Sir H Slingsby 16 April who told me That he had great confidence in me I said to him why ●…e told me he thought I had good thoughts of the King his Son told me he heard the King was to co●…e in and to ●…ring in a considerable Army but knew not when Next day I went again to Sir H. and asked him if he would walk on the Leads which he did and there I told him I had been pondering on the words he last spoke to me who then hugging me ●…aid I have a great deal of confidence in you ther●… is a design in agitation to bring in the King with a considerable Army but he did not know how soon it would be but 〈◊〉 me I should have notice of it and said that the King had promised pardon to all Officers but the Lord Protector and Lord Bradshaw Sir H Sl. I confess such like discourses but Waterhouse spoke to me that I would speak to Thomson to try whether he would be assistant but I told him I would not least he should not accept it and then turn him out of his place Waterhouse pressed me to go to Thomson and M Waterhouse invited us to his house to Dinner after Dinner be spoke to Thomson to go with me on the Leads to shew me the Guns we walked about and came down agains then said Waterhouse to me did not you speak to Thomson I said not you had a good oportunity said he At last Thomson came to me and I had some discourse with him about it L. Pres. Sir H. S. have you any thing else to say Sir H. Sl. No my Lord Then Mr. Mr Serjeant Maynard summed up the Charge Plea and Evidence and eloquently set forth the fulness and clearness of the Evidence with the heynousness of the oftence and demanded the Judgment of the Court Mr. At. Gen. I shall not trouble you with repetition the matter being clearly laid open the place where this acting was and where the design was laid was I may safely say the most considerable place in England for Charles Stuart's design a place strongly seated and scituated and remote from this City and had he prevailed there as he endeavoured it had not been peace with us that now are here And truly my Lord I cannot but pitty those Gentlemen that are thus drawn into designs which I am confident will never take and I am sor●…y that people should be so seduced as they are for their seducers bring them to the Gallows and then laugh at them And my Lord I pitty this Gentleman pointing at Sir H. that those gray hairs should thus go to the Grave I have no more to say but crave the justice of this Court The Serjeant at Arms was commanded to take away the Prisoner Proclamation for adjournment of the Court into the Painted Chamber After a little private Debate in the Painted Chamber they adjourned till Thursday next nine in the morning Thursday May 27. being appointed for the meeting of the same Court about ten of the Clock they accordingly met in the Painted Chamber Westminster where after about two hours private debate they adjourned till Tuesday next the first day of June The Substance of Doctor HEVVET's Trial On Tuesday the first day of June 1658. THE Serjeant at Arms being commanded by the Court to fetch the Prisoners to the Bar Dr. Hewet was brought to the Bar accordingly After Proclamation was made for silence the Lord President asked Mr. Attorney Gen. what he had to say against the Prisoner at the Bar. Mr. Attorney Gen. thereupon exhibited an Impeachment of High Treason against the Prisoner and desired it might be read and prayed that the Court will please to receive his Answer thereunto The Charge was read by Mr. Phelps the Clerk the effect of which was as followeth viz. That John Hewet late of the Parish of Gregorie's in the City of London Doctor of Divinity minding and intending to embroyl this Common-wealth in new and intestine Wars the 30. of April now last past and at divers times since the 10 of October which was in the year of our Lord 1656. and before the said 30. of April last past as a false Traitor and Enemy to Oliver then and yet Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging and to the said Common-wealth together with one Trelawney late of London Gent. Henry Bishop of Lewis in Sussex Gent. and other their Complices at the Parish of Gregorie's aforesaid and at Lewis in Sussex did traiterously advisedly and malicioufly plot contrive and endevour to stir up force and levy war against the said Oliver Lord Protector and against the Government of this Common-wealth as the same is now established and to subvert and alter the same And did also then and there and at divers other times and places as well before as after the said 30. day of April now last past and after the said 10. of October 1656. traiterously advisedly and maliciously declare publish and promote Charles Stuart eldest Son to the late King Charles to be King of England Scotland and Ireland and the Dominions thereunto belonging And did then and there traiterously advisedly and maliciously hold intelligence and correspondence with the said Charles Stuart All which said Treasons he the said John Hewet at the Parish of Gregorie's in the said City of London and also at Lewis and elsewhere did traiterously advisedly and maliciously declare at the times and places aforesaid by conferring with John Stapley and Henry Mallory how to effect the same and by encouraging the said John Stapley and Henry Mallory thereunto and by delivering Commissions to them from the said Charles Stuart concerning the levying War against the said Oliver Lord Protector of the Common-wealth of England Scotland and Ireland All which said Treasons are contrary to the Statute in that case made and provided With which said Treasons committed and done the said Attorney Gen. for and on the behalf of his Highness the Lord Protector and the Common-wealth doth charge and Impeach the said John Hewet And for and on the behalf of the said Oliver Lord Protector and the Common-wealth prayeth that the said John Hewet may be put to Answer that such Trial Judgement and Proceedings may be had against him as to justice doth appertain And the said Attorney Gen. doth averre that the said John Hewet is the person
of High Treason and misprision of Treason according to Justice and the merits of the cause and such final sentence to execute or cause to be executed speedily and impartially Dr. H. My Lord this is a printed paper which is called an Act of Parliament L. Pres. I must take you off you have been required to answer often required and having refused in the name of the Court I require the Clerk to record it and pray take away your prisoner Dr. H. My Lord Court Take him away take him away The Substance of Mr. MORDANT'S Trial On Tuesday the first day of June 1658. THE Serjeant at Arms was commanded to bring John Mordant Esq to the Bar who was brought accordingly L. Pres. Mr. Attorney What have you to say against the Prisoner at the Bar Mr. Att. G. My Lord I have prepared a Charge of High Treason against the Gentleman at the Bar which I desire may be read The substance of the Impeachment Mr. Phelps John Mordant Esq Stand at the Bar and hear your Charge A Charge of High Treason against John Mordant of Clement D●…es in the County of Middls Esq as followeth viz. That John Mordant late of the Parish of Clement Danes in the said County of Middls Esq minding and intending to embroil this Common-wealth in new and intestine Wars and Seditions on the 30. of April now last past and at divers other days and times since the 10. of Octob. 1656. and before the said 30. of April last as a false Traitor and Enemy to Oliver then and yet Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions thereto belonging and to this Common-wealth together with Henry Bishop late of Parham in the County of Sussex Gent. Hartgil Baron and Francis Mansel and divers others their Complices at the Parish of Clement Danes aforesaid and at divers other places did traiterously advisedly and maliciously plot contrive and endevour to stir up and raise War against the said Oliver then and yet Lord Protector of this Common-wealth and against the Government thereof as the same was established and to alter and subvert the same And did also then and there as well before as after the said 30. of April last past and after the the 10. of Octob. 1656. traiterously advisedly and maliciously declare publish and promote Charles Stuart eldest Son of the late King Charles to be King of England Scotland and Ireland c. And did then and there traiterously advisedly and maliciously hold intelligence and corres●…ondence with the said Charles Stuart All which said Treason and Treasons he the said John Mordant the said 30. of April last and other the times and places aforesaid and after the said 10. of Octob. 1656. at Clement Danes and other places did traiterously declare by overt act that is to say by conferring with J. Stapley Esq and Henry Mallory and others how to effect the same And did then and there encourage the said J. Stapley and H. Mallory and others thereunto And did deliver Commissions to several persons in the name of and as from the said Ch. S●…uart concerning the raising of Forces and levying War against the said Olive●… then and yet L. Prot. and against this Common-wealth All which said Treason and Treasons are contrary to the Statute in that case made and provided With which said Treason and Treasons he the said Attorney G. for and on the behalf of the said Oliver then and yet L. Pro. and on behalf of the said Common-wealth as aforesaid doth charge and impeach the said J. Mordant And the said Att. Gen. prayeth That he the said J. Mordant may be put to answer And that such Proceedings Trial and Judgment may be had against the said Mordant as is agreeable to Law And the said Att. Gen. doth averre that the said J. Mordant is a person by name appointed by his Highness and Councel to be proceeded against Mr. I helps Cl. John Mordant Esq Thou standest here charged with High Treason against his Highness the L. Protector and the Common-wealth You have heard the Charge read the Court demands your positive answer thereto whether guilty or not guilty Mr. Mord. My Lord I desire I may hear the Commission read by which you sit L. Pres. You are impeached of High Treason We require your Answer Mr. Mord. I desire the Commission may be read and the Commissioners names L. Pres. You are to be tryed by the Laws of England Act of Parliament and Commission under the Great Seal of England in pursuance of that Act Mr. Mord. I claim it as my right I am ignorant in Law I desire it may be read L. Pres. It is not granted to any Mr. Mord. My Lord will you take away that liberty that we shall not know by what Commission we are tryed and who are our Judges I desire I may not be made the first president L. Pres. It is visible who are your Judges they are named by Act of Parliament We are your Judges Mr. Mord. My Lord if the Act specifie any such thing that it may not be read I have done I desire it may be read that I may have a legal and just proceeding L. Pres. The Act of Parliament doth not require it Mr. Mord. The Act doth not deny it L. Pres. You shall have all the privileges that may be but you must first plead Mr. Mord. My Lord I demand this to hear the Commission read Mr. Att. G. 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. Mordant will be pleased to answer whether or no 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 refusall the Judgement pronounced for High Treason Mr. Mord. My Lord I humbly crave the Act may be read Mr. Att. G. The Act is publick the Court are not to give you an account of their authority or the way of their proceedings they require your Answer Mr. Mord. My Lord shall I not know by what Law I am tryed nor by what Act nor by what Commission L. Pres. You seem to be a young Gentleman I wish rather you would plead Not guilty or make an ingenuous Confession Mr. Mord. My Lord This is the first time that I have been before any Court in my life I desire that my reason may be convinced either assigne me Counsel to argue it with this learned Councel and if they convince my Counsel I shall submit or if this Councel will say the Law doth debar me the hearing of the Commission and the Act read to me I shall refer it to the Judges of the Law and by their opinions I will
have ●…owed Treason and Reb●…llion and you are now come to reap the fruit of it And Sir you told me you did not own the Government you were a Prisoner and therefore could not be bound by the Laws of that Government Sir doth not every Englishman owe a natural Allegiance to the supreme Magistrate of England Is not every Englishman whether in Prison or out of Prison bound by the Laws of England Sir if you own not the Government of England that is an offence in it self a great offence and would you make an offence against the Government to be an excuse or justification for Treason The last thing you said was this you told us you were Trepan'd into it Sir did not you your self of your self promise a Commis●…on to Maj●…r Waterhouse did you not o●… your self offer 5000 pound to be paid assoon as C S. Landed upon English ground I shall name those worthy Gentlemen for ho●…ors sake to them that had a hand in this discovery It was that prudent and faithfull Governor of Hull Col. Smith that had a hand in it There was those worthy and faithfull Commanders who were here in Court Maj. Waterhouse Capt. Overton and Lievt. Thompson Sir these faithfull and worthy Gentlemen have carried themselves in this business like the man of understanding that Solomon speaks of I have done only I would say one word to you because I hear you are a Protestant I would only ask you this question what think you would have become of the Protestant Interest of the Protestants of England Scotland and Ireland If you had had your will if Charls Stuart had come in if you had ●…ut time but the Lord knows you have not time to look over the Records of England to look over the declarations of Parliament since 1640. if you could remember it Sir it would tell you what Family it was that betrayed the Protestants in France when Roch●…l was taken what Family it was that betrayed the Protestants in Germany and in the Palatinate vvhen a peace was made with Spain without consent of Parliament What could you think of that Family th●…r did tolerate Popery for a match with Spain What then would that Family have done if it could have gained them England Scotland Ireland And now Sir but one word more to you as you are an English-man I beseech you consider what would have become of this Nation if you had had your will you had brought a new Civil war upon England at the least I cannot think of a New Civil war upon England but I think of desolation upon desolation to this poor Nation c. I have but one word to say to Dr. Hewet And Sir when I look upon you as a Minister I must confess I do not know how to speak to you because it has always been my way to speak to men of your Profession to Ministers I never spake to them but as a Childe speaks to his Father Such reverence and such regard I bear to their Office But to speak so to a Minister as a Judge speaks to a Traytor I must confess I know not how to do it But Sir there must be words spoken to you though I do not speak them and not onely to you as a Ttaytor but a Traytor in the highest degree not as a Traytor as you are intituled for endeavoring to levy a new War and to bring desolation and a War in this Nation but such an one as should rather die a Traytor then own the Authority of the Nation But Sir I know not how to speak to you and therefore the ●…ecord must speak to you and I my self will not any further I have now a word to speak to you Mr. Mordant God hath appeared in Justice and God doth appear in Mercy as the Lord is just to them so he is exceeding merciful to you and I may say to you That God appears to you at this time as he speaks to sinners in Jesus Christ for Sir he doth clear sinners in Christ Jesus even when they are guilty and so God cleareth you I will not say you are guilty but ask your own Conscience whether you are or no●… Sir bless God as long as you live and bless my Lord Protector by whose authority you are clered Sir I speak no more but I beseech you to speak to God And now let me add this word to those two Gentlemen Sirs when I have done speaking I shall never have done praying for you as long as you are alive that is the last thing I must say to you And now let the Judgment of the Court be read Thereupon the Clerk read the Judgment and Sentence of the Court against Sir H. Slinsby Kr. which was as followeth THat the said Sir Henry Slingsby as a false Traytor to his said Highness the Lord Protector and this Commonwealth shall be conveyed back again to the Tower of London and fr●…m thence through the middle of the City of London directly shall be drawn unto the Gallows of Tibourn and upon the said Gallows there shall be hanged and being alive shall be cut down to the ground and his Entrails taken out of his Belly and he living be burnt before him and that his Head shall be cut off and that his Body shall be divided into Four quarters and that ●…is Head and Quarers shall be placed where His Highness the Lord Protector shall be pleased to ●…ssign In the next place the same Judgment and Sentence of the Court was read against Dr. Hewet being ingrost in like manner This being done the Judgment of the Court was declared concerning Mr. Mordant whis in short was That upon consideration of the whole matter in reference to the Charge against him and his Plea thereunto They did adjudge him Not guilty And so the Prisoners were dismist Proclamation being made the Court adjourned back to the Painted Chamber where they ordered the execution of the Sentence upon Sir Henry Slingsby and Dr. Hewet to be on Saturday next And Warrants are issued out to the Sheriffs of London to see execution done accordingly Then the Court adjourned it self till Thursday the Tenth instant Notwithstanding the former Sentence passed by the High Court yet his Highness being informed that Dr. Hewet prisoner in the Tower of London who stand attainted of High Treason before the Commissioners appointed by Act of Parliament for levying War against his Highness and the Common-wealth had Judgment to be hanged drawn and quartered at Tibourn this instant Saturday His Highness was graciously pleased upon humble suit made to reprieve him till Tuesday the eighth insiant at which time he is to be executed on Tower-hil by severing his Head from his Body and His Highness pleasure is that the Judgment shall be remitted The like favor also was extended to Sir Henry Slingsby who is to suffer the same day in the same place The manner of the Execution of Sir HENRY SLINGSBY on Tuesday the 8. of June