the officers in the garrison; who, by direction
of the governor, amused the credulity of the old man, till he had the
imprudence to deliver[a] to them a commission from Charles Stuart.[1] Dr.
Hewet was an episcopalian divine, permitted to preach at St. Gregory's, and
had long been one of the most active and useful of the royal agents in
the vicinity of the capital. Mordaunt, a younger brother of the earl of
Peterborough, had also displayed his zeal for the king, by maintaining a
constant correspondence with the marquess of Ormond, and distributing royal
commissions to those who offered to raise men in favour of Charles. Of the
truth of the charges brought against them, there could be no doubt; and,
aware of their danger, they strongly protested against the legality of the
court, demanded a trial by jury, and appealed to Magna Charta and several
acts of parliament. Slingsby at last pleaded, and was condemned; Hewet,
under the

[Footnote 1: Thurloe, vi. 777, 780, 786, 870; vii. 46, 47, 98.]

[Sidenote a: A.D. 1658. April 2.]

pretence that to plead was to betray the liberties of Englishmen, stood
mute; and his silence, according to a recent act, was taken for a
confession of guilt. Mordaunt was more fortunate. Stapeley, who, to save
his own life, swore against him, proved an unwilling witness; and Mallory,
who was to have supported the evidence of Stapeley, had four days before
been bribed to abscond. This deficiency was gladly laid hold of by the
majority of the judges, who gave their opinion[a] that his guilt was not
proved; and, for similar reasons, some days later acquitted two other
conspirators, Sir Humphrey Bennet and Captain Woodcock. The fact is, they
were weary of an office which exposed them to the censure of the public;
for the court was viewed with hatred by the people. It abolished the trial
by jury; it admitted no inquest or presentment by the oaths of good and
faithful men; it deprived the accused of the benefit of challenge; and its
proceedings were contrary to the law of treason, the petition of right, and
the very oath of government taken by the protector. Cromwell, dissatisfied
with these acquittals, yielded to the advice of the council, and sent the
rest of the prisoners before the usual courts of law, where several were
found guilty, and condemned to suffer the penalties of treason.[1]

Great exertions were made to save the lives of Slingsby and Hewet. In
favour of the first, it was urged that he h