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england_n	john_n	lord_n	seal_n	3,116	5	8.9038	4	false

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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

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

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

or any seventeen or more of them Which said Commissioners respectively that is for England seventeen or more of them and you have heard the judgement of the Court upon that That which you speak of in relation to my Lord of Leicester's Case is true if a Commission be directed to Commissioners and no Quorum appointed then all must certifie But by the Act of Parliament and the Commission made in pursuance of it the Quorum is seventeen But here are three Quorums Dr. H. My Lord in as much as all the Commissioners are named in that Act and that Commission is according to the Act they are all commissionated to sit unless all sit the rest cannot try and examine c. And I shall refer it to the Judges of the Laws L. Pres. We did not call our selves to be your Judges by being named your Judges by Act of Parliament we have power to declare to you what the Law is by that Act of Parliament I have declared it Dr. H. My Lord if the Quorum had been named then it were somewhat but it being directed to 17 or more when more or 17 are Commissionated all ●…ust sit I refer it againe to the Judges of the Laws L. Pres. Dr. Hewet what you say now or what you say hereafter besides this you have time to speak to as to matter of Law after matter of fact hath been tryed if you plead to matter of fact what you say to the Court as to matter of Law we shal be ready to heare it apply your selfe to the Court in matter of fact The Court asks you whether guilty or not Dr. H. My Lord I must first know whether the Court be a lawful Judicature before I give imy defence L. Pres. Dr. Hewet you have offered very much touching the jurisdiction of the Court in conclusion you must acquiesce I must put you up to plead you know the danger if you doe not plead being required you stand mute and doe not plead it is as equally dangerous to you as if you had confessed the crimes Dr. H. I am so highly sensible of the priviledges of an Englishman that both for the satisfaction of my own conscience and all persons that I would not willingly give up the liberties and priviledges of any English freeman to any body that demands it I am very loth that there should be any just imputation laid upon me that I should seek a disturbance in point of selfe-interest to divide my selfe from the Communion of those that are my fellow-freemen and I should as I have always abhor'd to be both a Schismatick from the Church and singular from the State My Lord I am so concerned for the priviledges of an English freeman and publick interest that I should be loth to doe any thing towards the giving them up that might make my heart ake I shall desire it may be determined by the Judges L. Presid You speak of common friendship what is common friendship but to be a friend to the publick Government if you have been a friend to the Government and peace of this Nation you need not fear to plead to the Indictment And therefore I require you to plead to it Dr. Hewet When ever you shall come to a particular Examination of the business it will not appear that I have been an Enemy I desire that whereas there are many nic●…ties in the Laws I humbly crave the engagement of your Honours that there may not be any advantage taken Mr. At. G. God forbid Dr. H. My Lord I think I have not spoken any thing unreasonably or against Law and therefore humbly ●…rave my former request Mr. At. G. If you please the Dr. knows that there must be a Judgment in which we m●…st acquiesce This is that Judicature that calls you before them you sit by the highest Authority of England an Act of Parliament in the first place a Commission under the great Seal in the second place and a Commission of his Highness against whom of which the Doctor is one I desire he may give an Answer to the Impeachment that being done we shall have liberty on both sides to speak to what is Justice and Law and Fact if you are not guilty be you assured that this Court will not take your blood upon them you have a very fair Court Dr. H. This learned person speaks very fairly It shall be far from me to question any Act of a lawful Parliament but under favour as yet it doth not appear to me that you have by that Act by which you sit power to hear and determine concerning the matters of which I am charged I referre it and appeal again and again ●…o the learned Judges of the Laws even his Highness Judges L. Presid and Dr. H. The Court hath had much patience in hearing of you thus long you having not so much as owned their Authority if you will not own us we will own you therefore I require the Clerk to enter it that we have required you to plead Mr. Phelps Cl. John Hewet you here stand charged of High Treason against his Highness the Lord Protector and the Common-wealth the charge hath been read to you the Court have demanded whether guilty or not guilty they again demand of you whether guilty or not guilty D. H. My Lord I shall be very loth to do any thing to save my life and forfeit a good conscience And I shall not for my private interest give up the Privileges of those that are equal Freemen with my self I am look'd upon in a double Capacity as a Clergy-man and as a Common-wealths-man I should be very loth to be scandalous in either And pray be pleased to do that justice to your selves as to vi●…dicate the legality of your Judicature and then I 'le proceed Mr. At. G. My Lord you was pleased to tell the Doctor that you will own him when he doth not own you but my Lord his flying in your faces and taxing you thus is not to be endured I wish he would have that consideration of himself that if he doth not own your Authority you expect to be owned and by it he will be supposed to be guilty of all those Crimes that are laid to his charge and by not pleading he doth confess them that will be an high scandal to Mr. Doctor Therefore to vindicate your self I desire you to answer Dr. H. This learned Gent. hath urged it with a great deal of civility and respect to me which I must own and thankfully acknowledge but my Lord withal I dare not for the saving of my self give up others so many thousands of others by my Precedent that might likewise be involved in the same condition that I am in therefore my Lord let it appear that it is a lawful Judicature and I have done Mr. At. G. I besee●… Mr. Doctor to consider his case he is not brought as a Champion for the people of England as he stands charged he

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