Annotations vpon the Earle of Straffords Conclvsion, the twelfth of Aprill, 1641 1641 Approx. 13 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2013-12 (EEBO-TCP Phase 2). A25482 Wing A3245 ESTC R11925 13302528 ocm 13302528 98948

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 Early English books online. (EEBO-TCP ; phase 2, no. A25482) Transcribed from: (Early English Books Online ; image set 98948) Images scanned from microfilm: (Early English books, 1641-1700 ; 444:19) Annotations vpon the Earle of Straffords Conclvsion, the twelfth of Aprill, 1641 [2], 6 p. s.n.], [London : 1641. Reproduction of original in Huntington Library.

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 eng Strafford, Thomas Wentworth, -- Earl of, 1593-1641. -- Conclusion of the Earl of Straffords defence, the twelfth of April, 1641. Great Britain -- History -- Charles I, 1625-1649 -- Sources. 2020-09-21 Content of 'availability' element changed when EEBO Phase 2 texts came into the public domain 2012-05 Assigned for keying and markup 2012-05 Keyed and coded from ProQuest page images 2012-06 Sampled and proofread 2012-06 Text and markup reviewed and edited 2013-02 Batch review (QC) and XML conversion

ANNOTATIONS VPON THE EARLE OF STRAFFORDS CONCLVSION.

The Twelfth of Aprill, 1641.

Printed in the yeare, 1641.
THE CONCLVSION Of the Earle of Straffords Defence, the twelfth of April, 1641.

MY Lords, there yet remaines another Treaſon, that I ſhould be guiltie of; the indeaovuring to ſubvert the fundamentall Lawes of the Land, that they ſhould now bee Treaſon, together, that is not Treaſon in any one part of TreaſonIntention of Treaſon, is Treaſon (not ſo in felonie) when it is proved, though by facts which in themſelves are no treaſon. accumulative, that ſo when all will not doe, it is woven up with others, it ſhould ſeeme very ſtrange.

Vnder favour, my Lords, I doe not conceive that there is either Stature-Law, nor Common-law, that doth declare the endeavouring to ſubvert the fundamentall Lawes to be high TreaſonOne excepted which is a law againſt ſuch as break the fundamentall law of the kingdome beſides 25: Ed. 3 which leaves it in the breaſt of a Parliament to judge ſuch things treaſon which are ſo in their owne natures, though not expreſſed..

For neither statute-Law, nor Common-Law writtenIn things wherin men ſhould be a law unto themſelves; If they ſin without the law, they periſh without the law., that ever I could heare of, declareth it ſo.

And yet I have beene diligent to enquireHad you not bin worſe then a heathen, you might have found at within you written in the cōmon law of nature., (as I beleeve you thinke it doth concerne me to doe.

It is hard to bee queſtioned for life and honour, upon a Law that cannot be ſhowne If it were ſo, it is but lex taeionis, and it is well that by altering the Scene, your judgement is ſo rightly informed, which never thought that burden hard you laid upon others..

There is a rule which I have learned from Sir Edward Cooke, De non apparen. tibus & non exiſtentibus eadem ratio, (Ieſu) where hath this fire laine all this while, ſo many hundreds of yeares without any ſmoake to diſcover it, till it thus burſt forth to conſume me, and my childrenAnd longer might have laine, had not ſuch a fire-brand as you, given too juſt cauſe to teend it; Who as you have made women childleſſe, ſo in juſtice will God make your mother childleſſe, and your children fatherleſſe.: extreame hard in my opinion, that puniſhment ſhould preceede promulgation, of a Law puniſhed by a Law ſubſequent to the Acts done?Paricide hath been thought too notorious and unnaturall a crime to have a law made againſt it, and yet judged a crime when committed. Some offences are ſo heinous, that they condemne themſelves, and need no law to judge them, much leſſe to be proclaimed againſt them, whereof this is one, a worſe then paricide.

Take it into your conſiderations, for certainly it is now better to bee under no law at all but the will of men,Hoc op •• , hic laboreſt. then to conforme our ſelves under the protection of a law as wee thinke, and then bee puniſhed for a crime that doth preceede that law, what man can bee ſafe, if that bee once admittedNay, rather what Common-wealth can bee ſafe if this bee not admitted, in ſuch caſes as either cannot be foreſeeme, or which Nature abhorrer to imagine..

My Lords, it is hard in another reſpect, that there ſhould bee no token ſet upon this offence, by which wee ſhould know it, no admonition by which we ſhould be aware of itIt is ſtrange that hee that carries the face of a man ſhould need an admonition, not to betray his countrey..

If a man paſſe downe the Thames in a Boat, and it be ſplit upon an Anchor, and a boye, being ſet as a token that there is an anchor there, that partie that owes the anchor, by the Maritine Lawes, ſhall give ſatisfaction for the dammage done; but if it were marked out, I muſt come upon my owne perill One would thinke there need no Law to forbid a man to fire the houſe he dwels in, or to ſinke the ſhip he failes in, and in cale hee attempt this, though no Maritine law forbid it, no doubt, it is juſt to throw him over-board to ſave the reſt, and let him periſh alone..

Now where is the marke upon this cryme, where is the token that this is high Treaſon The Parliament is as well a court of equitie as of Law (as by a ſpeciall clauſe of reſervation in the 25. Ed 3. in the very caſe of Treaſon does appeare) and ſo in equitie may ſupply the litterall defects of the Law (in caſe it were defective) as the Chancerie does the Kings bench; and if ſo, it muſt needs be juſt, That he that would not deſtroy three Kingdomes, for no other reaſon, but only becauſe there is a Law that makes it Treaſon, ſhould in equitie ſuffer as a traitour for taking the libertie to doe it, becauſe there is no law, or becauſe he knowes of none againſt it..

If it bee under water, and not above water, no humane providence can availe, nor prevent my deſtruction There is great hope ſo, becauſe a divine one hath decreed it. Job 34.29.30..

Lay aſide all humane Wiſdome, and let us reſt upon divine Revelation, if you will condemne before you forewarne of the danger He that kills a King, in humane wiſdome without Revelation, may well think he ſhall dye for it, though no Law ſhould threaten it, & much more if he deſtroy the Common-wealth which cannot periſh, and the King be preſerved..

Oh my Lords, may your Lordſhips bee pleaſed to give that regard unto the Peere-age of England, as never to ſuffer our ſelves to be put on thoſe nice points, upon ſuch conſtructive interpretations, and theſe are where Lawes are not cleere or knowne, if there muſt be a Tryall of wits, I doe moſt humbly beſeech you, the ſubject and matter may be in ſomewhat elſe, then the lives and Honours of PeeresOr the Beings and Wel-beings of whole kingdomes..

My Lords, wee find that in the primitive times, in the progreſſion of the plaine Doctrine of the Apoſtles; they brought the Bookes of curious Arts, and burned them. And ſo likewiſe as I doe conceive, it will be wiſedome and providence in your Lordſhippes, for your poſterity, and the whole Kingdome,That means to tread in your ſteps. to caſt from you into the fire theſe bloudy and moſt myſterious Volumes of conſtructive and Arbitrary TreaſonsIf there were no expreſſe Law to make it treaſon, yet it is equall that he that ſeekes to bring this Kingdome under an arbitrarie government, ſhould receive an arbitrary puniſhment., and to betake your ſelves to the plaine Letter of the Law and Statute, that telleth us where the cryme isBut yet ſo, as that there is left a place for you and your offence by a wiſe foreſight in the reſervation of 25: Ed. 3.; And by telling what is, and what is not, ſhewes how to avoid itHe that having power in his hands ſo far endevours the ruining of the Cōmon-wealth, as he thinks may ſtand with his owne ſafety, it is juſt to judge him a Traitour to his countrey, though true to himſelfe.. And let us not bee ambitious, to bee more wiſe and learned in the killing Arts, then our fore-fathers wereIt is but equall that he ſhould have judgement without mercy, that ſhewed no mercy..

It is now full 200. and 40. yeares, ſince ever any man was touched for this alleaged cryme (to this beights) before my ſelfe, we have lived happily to our ſelves at home, and we have lived gloriouſly to the World abroad Never ſince your time of promotion, though it is hoped, when you are gone we ſhall do ſo againe..

Let us reſt contented with that which our Fathers left us, and not awake thoſe fleecy Lyons to our owne deſtructionsSo let all the enemies of God and their country periſh.; by raking up a few muſty records that have layen ſo many ages by the walls, quite forgotten and neglectedIll maners being forth good lawes. Which it ſeemes were made in a good time, and kept to a good heare to rid us of ſo rotten a member that many ages cannot paralell..

May your Lordſhips be Nobly pleaſed, to adde this to thoſe other misfortunes befallen mee for my ſinnes, not for my Treaſons; that a preſident ſhould not bee derived from me of that diſadvantage (as this will be in the conſequent to the whole Kingdome) I beſeech you ſeriouſly to conſider it, and let not my particular caſe bee ſo looked on as you doe; though you wound me in my intereſt in the Common-wealth, and therefore thoſe Gentlemen ſay, that they ſpeake for the Common-wealth, yet in this particular I indeed ſpeake for it, and the inconveniences and miſchiefes that will heavily fall upon us It is pitty but you ſhould die whilſt you are in ſo good a mind, now you are againe turned Common-wealths-man, which you were once before, leſt you alter as you have done.; for as it is in the 1. of Henry the fourth, no man will after know what to doe, or ſay, for feare And to that paſſe we were come againe of late by your meanes, till God ſet us free..

Doe not put (my Lords) ſo great difficulties upon the Ministers of ſtate, that men of wiſedome, honour, and vertue Had you had the laſt, it would have preſerved the two firſt, but your want of honeſty hath made your wiſdome fooliſhneſſe, and your honour ignominie., may not with cheerefulneſſe and ſafety, be imploye a for the publike You meane againſt it., if 〈…〉 you weigh and meaſure them by graine 〈…〉 and ſcruples Your preſſures have indeed beene heavier, then to deſerve to bee weighed with ſo light weights., the publike affaires by 〈◊〉 the Kingdome will bee laid waſte, and 〈◊〉 no man will meddle with them, tha • 〈◊〉 hath honours, iſſues, or any fortunes to loſe Before you wiſhed you might not bee made a preſident, but wee cannot have a better, it will but produce this effect, that men of your miſchievous minde will for your ſake refuſe preferment, and imployment 〈…〉 .

My Lords, I have now troubled you, longe • then I ſhould have done, were it not for the intereſt of thoſe deare pledges, a Saint in heaven hat • left me; I ſhould be loath my Lords, (there he ſtopped.)

What I forfeit for my ſelfe it is nothing, b •• that my indiſcretion ſhould forfeit for my child ••• it even woundeth me deepe to the very ſoule.

You will pardon my infirmity, ſomething 〈◊〉 ſhould have ſaid, but I am not able, (and ſighed▪ therefore let it paſſe.

And now my Lords, I have bin by the bleſſi ••… of Almighty God taught, that the afflictions 〈◊〉 this life preſent, are not to bee compared to 〈◊〉 eternall weight of glory that ſhall be revealed 〈◊〉 us hereafter.

And ſo, my Lords, even ſo with tranquility o • mind, I doe ſubmit my ſelfe freely and cleare •• to your Lordſhips judgements; and whether tha • righteous judgement ſhalbe to life or death.

Te Deum Laudamus, te Dominum Confitemur.
FINIS.