Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	john_n	king_n	prisoner_n	3,229	5	8.3987	4	false

Text snippets containing the quad

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

be disputed they that live in this nation are not to dispute it if that Gent. will please to recollect himself and not my Lord thus expostulate and dispute with the Court of Justice if he please to put himself upon a Tryal if he thinks himself innocent I think it is best and if he refuse it his sentence is from himself Mr. Mordant I do not my Lord dispute the power of the Court but I desire my reason may be convinced and that I may have Counsel L. Pres. We are clearly of opinion we have not power in this case to appoint any other Jury not to summon a Jury we our selves have taken on oath you would do well to plead Mr. Mordant My Lord I have but little to say and that is that as that Gent. said it was referred to the Court what Jury I shall have I desire my Lord to know whether the Court doth intend to try me by a Jury Mr. Sol. Ellis They do not Mr. Mordant Is the Court Judge and Jury Mr. At. G. If you will deal ingenuously with the Court I think that is best Mr. Mordant Seeing I am here overuled though not convinced in my reason I shall demur to the Court and plead not Guilty I desire a Copy of my indictment and time to plead L. Pres. It was never done for any Indictment of High Treason was never delivered to any Prisoner Mr. Mordant I urge my Lord Cooke for Authority for a copy of my Indictment Mr. Phelph●…s John Mordant Esquire you stand here charged of High Treason to this charge you plead not guilty is this your Plea Mr. Mordant Yes Mr. Mordant I beg my Lord that my ignorance of the Laws may not prejudice me not understanding or knowing any thing of the Law and this granted me I shall address to my justification Mr. At. G. Do you stand to your Plea not guilty Mr. Mordant Yes Mr. Litchmore My Lord I shall shortly open the Impeachment The Attorney Gen. hath exhibited a Charge of High Treason against John Mordant Esq viz. That he the said John Mordant intending to embroile this Nation in new and intestine Wars the 30 of April last past and at divers times since the 10 Octob. 26 together with Henry Bishop Hartgil Baron c. at the Parish of Clem. Danes in the County of Middlesex did traiterously advisedly and maliciously plot contrive and endeavour First to stir and raise force and levy war against his Highness the Lord Protector and the Common-wealth to subvert and alter the Government of the same Secondly That he did traiterously advisedly and maliciously declare publish and promote Charles Stuart to be King of England Scotland and Ireland Thirdly That he did traiterously advisedly and maliciously hold intelligence and Correspondence with C. Stuart and that he did declare these Treasons by overt act that is to say by conferring with John Stapley and Henry Mallory how to effect the same and did deliver several Commissions from C. Stuart to several persons and this contrary to the Statute To this charge of High Treason the Prisoner pleads not guilty we are ready my Lord to call our witnesses to prove him guilty of these several Crimes and with the leave of the Court we shall call our witnesses Mr. At. G. I wish Mr. Mordant had done this before and made himself capable of more favour Mr. Mordant then desired to have Pen Ink and Paper which was granted him John Stapley and Anthony Stapley were then called John Stapley sworne Mr. At. G. We produce this Gent. I suppose he is well known to the Prisoner to prove the Charge I desire he may declare what he knows Mr. At. G. What do you know concerning the discourses of Mr. Mordant with you touching the bringing in of Charles Stunrt John Stapley I have been in Mr. Mordants company several times and what I can say will not be much Mr. Mordant did 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 engaged in it he told me he was not Mr. At. G. What did he tell you concerning his being entrusted by the King therein John Stapley 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 Mr. At. G. Did he not say that he had Commissions from the King John Stapley He did not tell me so but I have heard him say others had had Commissions two other Gent. in Surrey Mr. At. G. Did he not encourage you thereto what Arguments did he use John Stapley He spoke to me of it several times Mr. At. G. After what manner J. Stapley Onely in commendation of the thing I heard him say that if there were a necessity Surry folks would come into Sussex to assist them Mr. At. G. Who was present at any of these discourses J. Stapley There was none but him and my self Mr. At. G. At what place and at what time J. Stapley Near his own house at several times I have told you the main o●… the discourses Mr. Mordant Mr. Stapley about what time was this J. Stapley Above a year since Mr. Mordant Mr. Stapley at what place was the encouragement made Mr. Stap. I do not know what he means by Encouragement he onely told me of it Mr. Mordant 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 Mr. Stap. There was no body by L. Pres. About what time did he tell you of this Letter Mr. Stap. About half a year since L. Pres. Who was by Mr. Stap. No body my Lord Mr. Sol. Ellis Did he tell you it was the King that wrote to him and therefore it was just to assist him Mr. 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 concerned Mr. Stap. I have heard him speak of some persons that were ingaged in this design Sir Fran. Vincent and one Brown he said that Sir Will Waller spake to him to speak to me L. Pres. When Mr. Stap. Above a year since it was since the Parliament Mr. Mordant My Lord I do not know Sir W. Waller Anthony Stapley sworn Mr. At. G. What discourse have you had with Mr. Mordant touching Charles Stuart A. Stap. We were about a quarter of a yeare agoe at the halfe moon Tavern in Aldersgatestreet at that time there was no discourse about the business at all After that he was speaking to me about the Times losses of priviledges great taxations c. wherein I agreed with him and wished they might be better I asked him if there was any way to help it

your Laws because I did not submit to them L. Pres. All the People of England must submit to the Laws of England to the Authorities of England all must submit to my Lord Protector and Acts of Parliament We sit here by Authority of his Highness by a Commission under the great Seal of England and by Authority of Parliament and you must submit to our Authority Sir H. Sl. The Laws have been so uncertain with me that I could not well know them and when I was a Prisoner I could not take notice of them I could have no benefit by your Laws because that is no Law to me which doth not give me interest and property to what I have It is the benefit of Laws that they do distinguish between meum and tuum but when you take all from me in my case it is not so Mr Attor Gen Prideaux He may enjoy as much benefit by the Laws as any if he have not for feited it and I desire he may be put to answer L. Pres. The Court again require you to plead to you Indictment Sir H. Sl. Not Guilty Mr Phelps Your Plea then is that you are not Guilty To which Sir H. S. answered Yes Mr Lichmore Mr. Attorney General having exhibited a Charge of High-Treason against this Gentleman Sir H. Sl. the Prisoner at the Bar The Charge doth set forth That the Town of Kingston upon Hull Octob. 11. 1656. and ever since to the time of exhibiting of the Charge was a Town of this Common-wealths and that within that Town in all that time there is and hath been a Garrison and part of the Army of this Common-wealth and during that time Ralph Waterhouse John Overton George Thompson c. were Officers of the Forces of that Garrison That Sir H. Slingsby minding to imbroil the Common-wealth in war April 30. last and divers other times since Octob. 10. 1656. as a false Traitor and Enemy to His Highness the Lord Protector did plot contrive and endeavor to betray the said Town and Garrison to Charles Stuart an Enemy to this Common-wealth It sets forth further that Sir H. Slingsby the time and place aforesaid did contrive and endeavour to stir up mutinies among the Souldiery of that Garrison and to raise Forces against this Common-wealth And that he did Publish and Declare the said Charles Stuart to be King of England Scotland and Ireland c. And hath held Correspondence with him And that he delivered to the said Ralph Waterhouse a certain Instrument which he said was a Commission from Charles Stuart All which Treasons are contrary to the form and effect of the Act of Parliament and the Prisoner having pleaded Not Guilty which Plea is Recorded we are ready to prove him Guilty and ready to call our witnesses Mr. Attor Gen. You have heard the Charge and Plea Not Guilty it rests upon us to prove it to you This Gentleman himself I beleeve when he hath heard them particularly opened will be convinced that of these Acts he hath been Guilty It would not have been expected from him to have tasted of the mercy of this Court For had he had justice done formerly he had not been to have answered this here I do beleeve it was expected from those that did govern to have got him off by mercy not to take him off by justice but he ceaseth not to interpose on the behalf of Charles Stuart and endeavoured to bring him in again and had like to have withdrawn the faithfull Officers of that Garrison to betray their trust if money would have done it that was not wanting to be offered if preferment would have wrought upon them that was proffered if hopes of higher preferment under Charles Stuart would ●…ave wrought upon them it would have been done But to our witnesses Ralph Waterhouse sworn Mr. Attor Gen. What discourse had you with Sir H. Slingsby touching the de●…vering up of Hull Mr. Waterh I had several discourses with him Particularly about the latter e●… of December last being a hunting Sir H. Slingsby's Son came to me in the field and told me his Father presented his service to me and gave me a Book which I looked on about an hour after and found it was a Printed Book at the beginning was a paper thus written Put this out with your finger and then tell me whether Rob. Gardiner had not spoke to me to serve the King c. presently after I acquainted Col Smith who advised me to discover if I could whether Sir H. Slingsby was carrying on any Plot I went to Sir H. Slingsby and Sir H. S. took me to the window side and hugged and embraced me and asked me if Robert Gardiner had not spoke to me to serve the King And then began with a great many good words and said that one meaning His Highness had put a disrespect upon me and if I would I might right my self with many other words and promised me a sum of money to secure the South-house for the service of the King About a week after he sent the Book again and in the same leaf wrote a few lines more which I also shewed to Col Smith he promised me 5000 l. in land or money here or elsewhere I made many Queries and told him I thought it was to no purpose he told me that if that House were secured in a little time he would bring an Army to besiege Hull and then half our work would be done He after sent me another Paper which was to this purpose ●…hat if the Governor sought for him he would give security for his peaceable living and said if I would give him a Piece he would make it twenty if he did not procure me a Commission from C. Stuart within fourteen daies he said further that a great party were in engaged in Scotland upon the second of April he delivered to me a Commission which he said was from the King and the Commission being read in Court the said Mr. Waterhouse averred it to be the same he received of Sir Henry Slingsby and which ran thus C. R. CHarles by the Grace of God with the old usual Title c. To our right Trusty and Well-beloved Maj. Ralph Waterhouse We do by these presents constitute and appoint you to be Governor of the Castle and two Block-houses near Hull and to put such a Garrison of Horse and Foot therein as you shall judge necessary for the defence of the same and to command the said Garrison as Governor thereof and to do all things necessary for the preservation of the said place Given at Bruges March 12. 1657. Sir H. Slingsby also said to me that he had spoken with Capt. Overton and promised to furnish him with money to lay in provision and engaged by a Bond to repay such money as I should lay out for the victualling of the South-house And also read a Letter from C. Stuart running thus I can never be enough sensible of your favors

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

by name appointed by his Highness the Lord Protector to be examined and proceeded against according to the Act Dr. Hewet the Prisoner sitting covered whilest his Impeachment was reading the Lord President commanded his Hat to be taken off which the Doctor obser●…g took it off himself Then Mr. Phelps Clerk to the High Court address'd to the Prisoner to this effect Mr. Phelps John Hewet D. D. Thou standest here charged of High Treason this Court requires you to give your positive Answer whether guilty or not guilty Dr. Hewet My Lord Is I have already misbehaved my self here my error i●… the more pardonable because I have not had any Counsel and I●… dare not pre●… to have any knowledge in any faculty especially in the Law I never did change my Cassock into a Jump I am better acquainted with a Pulpit than a Bar better read in St. Austin than my Lord Coke and in the Fathers than Rastal's Reports or Plowden's Commentaries In all my life I never studied any Law-case till now that Necessity that hath no Law hath made me thus far to become a Lawyer as to think to plead not for my Livelyhood but for my Life God forgive them that have occasioned this unusual and unaccustomed 〈◊〉 that hath put me into such a Pulpit as I never saw before And therefore my Lord in as much as I have often heard that there are such niceties in the Law that a man may be lost in the severity of it for a word spoken in meer simplicity I shall crave that there may be nothing taken in prejudice to my innocency from words spoken in simplicity And I hope you will please to grant me that Lord Presid Dr. Hewet I am sorry truly very sorry to see such an one as you in that place but you are impeached of High Treason All favour will be shewn you according to the rules of Justice I think you desire Counsel Dr. Hewet No my Lord it is first that I knowing nothing of the Law may have nothing simply spoken prejudice me and that you will allow me Counsel L. Presid The Court is Counsel for you your business is to plead to the Indictment you are required by the Court to answer whether guilty or not guilty Dr. H. My Lord you sit there as Judge I beseech you to let me know by what Commission you sit th●…re L. Pres. Dr. Hewet we sit here by a Commission under the Great Seal of England in pursuance of an Act of Parliament that 's our Commission Dr. H. Pray give me the favour to have the Commission read my Lord L. Pres. D. H. We know our owne Authority it is not usual to read Commissions to Prisoners the Laws of England and Acts of Parliament are to be submitted to Dr. H. I am not to own every person that will sit to judge me therefore I desire to know by what Commission you sit and who are the Judges and then I shall say more L. Pres. Those that are to judge you are very well known you consented your self to the Judges we are all chosen by Act of Parliament the Parliament hath consented to it we are chosen Judges and are your Judges by Act of Parliament Dr. H. My L. I must know the persons whether they be all here I see but very few L. Pres. Here be very m●…ny and we have been all called this morning as the course is and we sit now as your Judges Dr. H. Under favour my Lord as I remember the Commission by the Act is directed to 150. and there are the Lords Commissioners of the Great Seal with the Lords of his Highness Treasury and all the Judges and divers other persons are named in the Act of Parl. I do not see so many faces as are mentioned in that Act L. Pres. Dr. Hewet I must tell you the Quorum is any seventeen or more of them if we are here seventeen or more we are a Quorum by that Commission We are here I believe forty or fifty Dr. H. My Lord with submission the case is true in 〈◊〉 the Commissioners were but seventeen and they all present then they might hear and determine but if one were absent they cannot my Lord as I conceive L. Pres. You are a person of parts and therefore we may delight to hear you but we must keep our selves to the business of the Court You are required by the Court to answer the Impeachment Dr. H. My Lord if you sit by the Act sit according to the Act and then I shall submit It was resolved by all the Judges of the Kings Bench in the 13. of Eliz. in the Earl of Leicester's Case see Plowden fol. c. Mr. Att. Gen. The Doctor did profess his ignoranc●… in the Laws yet pretends more knowledge than the Court The Court are here and know themselves lawfully authorized to try you Dr. Hewet if you please to proceed to give your Answer whether guilty or not you will find the Justice of the Court to be according to the Laws of England Dr. H. This learned Gent. I know his face though not his name he speaks according to worth but I cannot answer him according to Law and therefore still plead ignorance of the Law but desire to be tryed according to Law and I have given you a Law-president if you will go against it I shall say no more Mr. Att. G. This Gent. hath it by Tradition not by his owne knowledge but the Case he mentions cannot parallel this The Act of Parliament saith an hundred and fifty or any seventeen here are three seventeens Mr. Sol. Ellis I think the Commission is directed to your Lordships or any seventeen Which Commissioners or any seventeen c. The meaning whereof is that those seventeen or more respectively should hear c. There were several Quorums for England Scotland and Ireland 17 for England 13 for Scotland c. That Case out of Plowden differs clearly from this For if a Commission be directed and there be no Quorum then the Commissioners must all certifie We humbly conceive that if your Lordships be here seventeen or more you are fully authorized to proceed Mr. Att. G. In many Cases you have a Quorum of persons such and such men It 's true here is no Quorum of persons but a Quorum of the number and if there be a Quorum of seventeen it is warrantable Dr. H. This learned Gent. he is better able to speak what is Law than I but under favour and with submission I do not think he may judge of the Laws or the other that spoke his private conception to interpret the meaning of the Parliament And my Lord if your Lordship please I shall make this my humble appeal to the learned Judges of the Law That if they will say in this respect that this is a lawful Judicature I shall proceed L. Pres. You have heard the words of the Act of Parliament read Authority is given to the Commissioners