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.

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 Priso∣ner at the Bar. Mr. Attorney Gen. thereupon exhibited an Impeachment of High Treason against the Prisoner, and desi∣red 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 Pro∣tector, 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 afore∣said, 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 levy∣ing War against the said Oliver Lord Protector of the Common-wealth of Eng∣land, Scotland, and Ireland,—All which said Treasons are contrary to the Statute in that case made and provided. With which said Treasons com∣mitted 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 In∣dictment; 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 Eng∣land, 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 Par∣liament.

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 accor∣ding to the Laws of England.

Dr. H.

This learned Gent. I know his face, though not his name; he speaks ac∣cording 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 hun∣dred and fifty, or any seventeen; here are three seventeens.

Mr. Sol. Ellis.

I think the Commission is directed to your Lordships, or any se∣venteen: [Which Commissioners, or any seventeen, &c.] The meaning whereof is, that those seventeen, or more respectively, should hear, &c. There were seve∣ral 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 un∣der 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, or any seventeen or more of them: Which said Com∣missioners 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 a∣gaine 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 try∣ed; 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 fel∣low-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 Govern∣ment 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 An∣swer 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 de∣mand 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 Ju∣dicature, 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 appears to you to be contrary affected; I humbly beg that he would be pleased to plead, that so his in∣nocency may be clear'd.

Dr. H.

My Lord, I said before that I am no Lawyer, I understand nothing of it, nei∣ther desire to be Judge in my own cause; but I do not desire likewise to be judged by e∣very person that would sit to judge me, neither would I give up that right that belongs to an English man to every one that demands it, therefore I desire you to grant this Pe∣tition, that you will make appear that you are a lawful Judicature. I would rather die ten thousand times then I will be guilty of giving up my fellow-freemens liberties and priviledges.

Mr. At. G.

My Lord, some of his own Co•…•…t have acknowledged the like Autho∣rity before him; but if Mr. Doctor be peremptory in this that he will not own your Authority, and plead to his charge, I must do my duty, that is, humbly to pray the Court, that if he refuse to answer, I must pray their Judgment, and acquaint him with the words of the Act; which accordingly was read. So that, my Lord, in de∣fault of Answer, if Mr. Doctor will not plead to this, my Lord I must thereupon pray that you will proceed according to the Act, as in cases of High Treason, which is very pen•…•…l. I have no more to say.

Dr. H.

My Lord, I suppose these learned Gent. who are so learned in the Laws will be cautious in what they do against Law, and I hope they will remember what condemna∣tion and execution besell Trecilla in the 11 of Rich. 2. that there did misadvise the King to do such and such things, that is much like to, this Case of mine: And withal I hope they will remember what befell the Judges in the Case of Shipmoney in the time of the late King, and therefore I hope they will be cautious themselves in doing any thing that is contrary to Law.

L. Presid.

Dr. H. you have heard the Clause of the Act of Parliament read to you, whereby you may understand, either we must proceed upon your Answer, or else to Judgment upon your refusal; if upon your answer you clear your innocency, then those freemen that you speak of may faithfully embrace you; but if you will not answer, we must proceed to Judgment; I am sorry for your Robe sake, but if you will not answer, you cannot acquit your self, you thereby confess it: therefore let me advise you for your Robe sake to follow the best Counsel, that is, to put your

self upon that which Prisoners must do: Answer to it, guilty o•…•… not guilty.

Dr. H.

My Lord, I hope it is not the sense of the whole Court that they should proceed against me, either to sentence or any other way, till first they clear themselves to me.

Mr. At. G.

Pray who is the Judge? you must clear your self to him.

L. Pres•…•….

If there be any here that are of another opinion, let him declare him∣self: Dr. H. you lose your self mightily in saying this one thing so often, and we lose our time; I require you again to plead.

Dr. H.

My Lord, I cannot speak of that too often that is so dear and precious to me and every person.

Mr. At. G.

I can say no more but pray your justice.

L. Presid.

Doctor Hewet, I am called upon by the Court, because of your refusal to answer, but I pity you very much, and therefore desire once more the patience and favour of the Court, that they would give you leave to answer; therefore Mr. Doctor, that we may not record your standing mut•…•… and refusing to answer, I shall once more in favour to you require you to answer. Clerk, stay your hand a while.

Dr. H.

My Lord, both the Court and all these persons will thus clear me to the whole world, that I have referred my self and appealed to his Highness Judges of the Law to re∣solve whether this be a lawful Judicature; this Appeal is denied, therefore I must proceed to some other thing seeing you all deny me that.

Mr. •…•…helpes Cl.

J. Hewet D. D. you stand here charged on behalf of his High∣nes the Lord Protector, of Treason against him and this Common-wealth, you have heard the Charge, the Court hath several times demanded your answer, and you refuse; they the third time require your answer whether guilty or not guilty.

Dr. H.

Pray my Lord is there any Indictment found against me by a Crand Jury, by which I am to be tryed? for by the fifth and sixth of Edward the sixt, all Treasons are to be inquired into and presented by twelve men; the Commission by which you sit doth not declare any other way: I beseech you is there any other Indictment?

L. Pres.

You have a very great Grand Jury, forty persons, and we have power upon a special Act of Parliament to give order for a Charge to be brought in against you, and we have according to that power and Authority given order for this Charge to be brought in against you, and you are to answer to it.

Dr. H.

My Lord, with submission you are not a comp•…•…tent Jury.

Mr. Attorney Gen.

My Lord, now it is the second part to the same tune; I know there are many others upon the same string when this is resolved; Sir, This is the Grand Jury, the Petty Jury, and your Judge; they require you to give your Answer, whether guilty or not guilty.

D. H.

My Lord, this is likewise denyed me, I now humbly crave a copy of my Charge, time to answer to it, and Counsel assigned me.

L. Presid.

For the copy of yòur Charge it was never granted to any Prisoner in∣dicted for High Treason; For Counsel, you are now upon matter of Fact, whe∣ther guilty or not guilty.

Mr. Att. G.

I have a word to inform him, I would not press any thing against him which in my Judgment I thought not legal, you have given him your resolution as to the Jurisdiction, there is nothing now to say but guilty or not guilty; he must bring himself to be a party or else nothing can be asked.

Dr. H.

I think the Prisoner cannot be charged and tryed on one and the same day, no more than a man can be endicted and tryed the same day, as in Calway's Reports: and this was declared to be Law in the Case of the Portugal Embassador's Brother.

Mr. At. G.

You are not upon your Triall, you must plead and joyn issue, and then we will consider whether we will try you now or no; Yet there is many a man hath been brought to prison the same day, found the same day, and tryed the same day.

Dr. H.

I desire a copy of my charge, if not that, I desire time to speake, and Coun∣cell assigned me, which hath been the course of former times; for Counsell it hath been

usually allowed, as in the case of Humphry Stafford in the time of Henry the 7. and in the case of Lilburn. Baron Nicholas, and Serje. Maynard were of Counsell for Major Rolph, who indeavoured to poyson the late King: and for matter of Law, it ought to be allowed, as in my Lord Cook—and Dyer sixth book of his Reports, 14 fol. is of the sam•…•… opinion: Arundell had Counsel assigned him for murder, in matter of Law.

Sol. Ellis.

For matter of fact It was never allowed; but if he plead, and if any matter of Law doe arise that's doubtfull to the Court, then the Court if they doubt of it, assigne Counsell; but the prisoner must plead first to the matter of fact. For a man to be accused the same day, and tryed the same day, is no new thing: For Counsell, if any thing arise in matter of Law then it may be consi∣dered: The Portugal Embass. Brother came, and was accused and tryed the same day. We shall humbly pray that he may plead guilty or not guilty; if any matter of Law arise your Lordships may doe him justice.

Dr. H.

My Lord, with submission, this learned Gent. hath understood me but in part; my request was for Counsell for matter of Law in generall, as well as particular for matter of fact. I humbly conceive that there are severall Acts of Parliament that doe free me from this charge, and particularly the great Charter of England; for which I humbly crave I may have Counsell assigned me.

L. Pres.

You are now in generals, you speak of several Acts of Parliament, and you would have Counsel to plead, Counsel was never allowed in this case upon such a general desire; Many that stand about you may have a prejudice to you, and think you are loth to plead; I have called upon you often: if we should once record the refusall, it would be very penall. I would advise you to plead to the Indictment.

D. H.

My Lord, since you have denyed me Counsell, I shall desire to speake something in my own behalfe.

Mr. At. G

This is a very ill President to the justice of England; I suppose that you will allow him all favour, but the justice of England must be prefer'd against all persons whatsoever: The jurisdiction is setled to the satisfaction of the Dr. him∣selfe; if he will bring himselfe a party and aske any thing of you, that must be by pleading, till then •…•…e can aske nothing.

Dr. H.

My Lord, the Judicature is not yet clear'd to me, for the legality of it, and if you please to give a little patience I shall give you the reasons why.

Mr. At. G.

I shall desire it may be no more thus.

Pre.

I shall say no more to you, we must make our Authority appear to you ei∣ther by trying of you, or judging of you; will you be try'd?

Dr. H.

My Lord, the Charge depends upon an Act of Parliament which was made a∣bout two years since, the Members of which Parliament were chosen by the people, yet notwithstanding one hundred and fifty of them were not permitted to sit—

Mr. At. G.

My Lord we must not suffer this, pray if he will not be otherwise satisfied I must require your strict justice. Your words they are seditious: this shews the spirit of the man.

Dr. H.

I hope you will have patience to heare me for vindication of my selfe, and satisfaction of my own conscience and all persons whatever; and withall, for the clearing of your selves that you doe not bring blood upon your selves by taking that pow∣er that is not justifiable—

Mr. At. G.

Truly my Lord this is insufferable; Mr. Doctor hath had as much respect as ever any had. I have attended many, I never saw the like in my time; you have had the patience to heare him oppose your selves, your Authority, your persons, and to strike at the root of all. Mr. Doctor I would have you to carry your selfe with more respect. This shews that much of what is charged against him is true: If you will scorn the Court say it positively.

Dr. H.

My Lord, I humbly submit my selfe to the Laws of the Land; I shall not dispute

Acts of Parliament, but I conceive (if you will please to give me a little patience) an house of Commons is not of Authority enough—

L. Pres.

Mr. Doctor pray remember that Text, He that seemeth to be Religious and bridleth not his tongue, his Religion is vain. Will you plead or not?

Dr. H.

My Lord, whilst I speak for the Laws of the Land this is not an evill speech.

Mr. At. G.

My Lord, if you please, I did receive your comands to prepare this charge against this Doctor; in obedience to you I have done it, not willingly against your person Mr. Doctor; I have some others to proceed against, if you will please that Mr. Doctor may dispatch one way or other. I must pray your final sentence if you doe not plead immediately.

Dr. H.

My Lord, what I petitioned for before I doe again, that seeing you will not please to give me leave to speak either as to the priviledges of English men, nor as to the Act, I desire time to speak to the Charge, and Counsell.

L. Pres.

You have heard that I must require your answer; you must plead guilty or not guilty.

Dr. H.

Hath your Lordship assigned me Counsel in matter of fact when matters of L•…•…w arise?

L. Pres.

We shall then take consideration of it, now is not a time.

Dr. H.

My Lord, I am in a great straight, I pray God assist me; and I here appeale to Almighty God and to all the world, that I doe against my soul and conscionce nothing that shall be to the prejudice of the priviledges of the Laws of England; if there shall be any thing in these proceedings that shall be to the disadvantage of others, my soul be clear of it, the guilt be upon others; seeing I am necessitated upon this, and cannot have Counsell assigned me for the judicature, for the legality of it, I refer•…•…ing my selfe to the Judges of the Land; I durst refer my selfe to his Highness•…•… own Councell, that if they will say that this particular that I have urged, that this is a lawful judicature, I will go on.

L. Pres.

I am required by the Court, before I •…•…nter your refus•…•…ll I require your answer.

Dr. H.

I am in a great dispute, and I pray God direct me what to doe in this case, though I doe not at all dispute my own innocency, which I hope I shall clear, yet I could petition again (though I am tedious to you, yet I can never importune enough) to take into your thoughts your selves and posterity and all the people of England.

L. Pres.

I shall desire, because you may see what I say comes from the Act of Par∣liament, I shall desire the words may be read to him, what is to be done if he re∣fuse to answer.

Clerk read that clause.

[And for examination of witnesses upon Oath (which the said respective Commissi∣oners are hereby authorized to administer) and thereupon, or upon confession of the party, or in defau't of such answer, to proceed to Conviction and finall sentence, as in cases 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.