THE TRYAL OF Sir Henry Vane, Kt. AT The KINGS BENCH, Westminster, June the 2d. and 6th. 1662. Together With what he intended to have Spoken the Day of his Sentence, (June 11.) for Arrest of Judgment, (had he not been interrupted and over-ruled by the Court) and his Bill of Exceptions. With other Occasional SPEECHES, &c. Also his SPEECH and PRAYER, &c. on the Scaffold.

Printed in the Year, 1662.

The TRYAL of Sir Henry Vane Knight, at the Kings Bench, Westminster, June the 2d. and 6th. 1662.


THou shalt not be detained with any flourishing Preface. 'Tis true; whether we consider the Person or Cause, so much might pertinently be said, as (were the Pen of some ready Writer imployed therein) a large Preamble might seem to need but a very short Apol [...]gy, if any at all. Yet, by that time we have well weighed what this Sufferer hath said for himself, and left behind him in writing, it will appear, that there needed not any tongue of the Learned, to form up an Introduction thereunto, but meerly the hand of a faithful Transcriber of his own Observations▪ in defence of himself and his Cause. Rest assured of this, thou hast them here fully and clearly represented.

The necessity of this course for thy information, as to the truth of his Case, be pleased to consider on these following accounts. He was much over-ruled, diverted, interrupted, and cut short in his Plea (as to a free and full delivery of his mind upon the whole matter at the Bar) by the Judges of the Kings-Bench, and by the Kings Counsel. He was also denyed the benefit of any Counsel to speak on his behalf.

And what he did speak at the Bar and on the Scaffold, was so dis­gustful to some, that the Books of those that took Notes of what passed all along in both places, were carefully called in and suppressed. It is therefore altogether unpossible to give thee a full Narrative of all he said, or was said to him, either in Westminster-Hall, or on Tower-Hill.

The Defendant foreseeing this, did most carefully set down in writing the substance of what he intended to enlarge upon, the three dayes of his appearance at the Kings-Bench Bar, and the day of his Execution. Monday June 2. 1662, was the day of his Arraignment. Friday June 6. was the day of his Tryal, and the Jurors Verdict. Wednesday June 11. was the day of his Sentence. Saturday June 14. was the day of his Execution on Tower-Hill, where limitations were [Page 6] put upon him, and the interruptions of him by many hard speeches and disturbing carriages of some that compassed him about upon the Scaf­fold, as also by the sounding of Trumpets in his face to prevent his be­ing heard, had many eye and ear witnesses.

Ʋpon these considerations, I doubt not, it will appear undispensably necessary, to have given this faithful Transcript of such Papers of his, as do contain the most substantial and pleadable grounds of his publick actings▪ any time this twenty years and more, as the only means left of giving any tolerable account of the whole matter, to thy satisfaction. Yet such Information as could be picked up from those that did preserve any Notes, taken in Court or at the Scaffold, are here also recorded for thy use, and that, faithfully, word for word.

Chancellor Fortescue doth right worthily commend the Laws of Eng­land, as the best now extant and in force, in any Nation of the world, affording (if duely administred) just outward liberty to the People, and securing the meanest from any oppressive and injurious practices of Superiours against them. They give also that just Prerogative to Princes, that is convenient or truly useful and advantagious for them to have; that is to say, such as doth not enterfere with the Peoples just Rights, the intire and most wary preservation of which, as it is the Covenant-duty of the Prince, so is it his best security and greatest honour. 'Tis safer and better for him to be loved and rightly feared by free Subjects, than to be feared and hated by injured slaves.

The main fundamental Liberties of the free People of England, are summed up and comprehended in the 29th Chapter of Magna Charta. These be the words;

No freeman shall be taken or imprisoned, or be disseized of his Free­hold, or Liberties, or free-customs, or be out-lawed or exiled, or any otherwise destroyed. Nor will we pass upon him, or condemn him, but by lawful Judgement of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man, either Justice or Right.

Lord Chief Justice Cook observes here nine famous branches of the Law of England, couched in this short Chapter, and discourses upon them to good purpose. He saith also, that from this Chapter, as out of a root, many fruitful branches of the Law of England have sprung.

As for the very leading injury to other wrongings of the Subject, (to wit, the restraint or imprisonment of his person) so curious and tender is the Law in this point, that (sayes Cook) no man is to be attached, arrested, taken, or restrained of his liberty, by petition or [Page 7] suggestion to the King or to his Council, unless it be by Indictment or Presentment of good and lawful men (of the neighbourhood) where such deeds be done.

This great Charter of Englands Liberties, made 9 Hen. 3. and set in the front of all succeeding Statute-Laws or Acts of Parliament, (as the Standard, Touch-stone or Jury for them to be tryed by) hath been ratified by about two and thirty Parliaments, and the Petition of Right, 3. Caroli.

The two most famous Ratifications hereof, entituled, Confirma­tiones Chartarum, & Articuli super Chartas, were made 25 and 28 of Edw. 1.

All this stir about the great Charter, some conceive very needless, seeing that therein are contained those fundamental Laws or Liber­ties of the Nation, which are so undeniably consonant to the Law of Nature, or Light of Reason, that Parliaments themselves ought not to abrogate, but preserve them. Even Parliaments may seem to be bounded in their Legislative Power and Jurisdiction, by divine Equi­ty and Reason, which is an eternal and therefore unalterable Law. Hence is it, that an Act of Parliament that is evidently against common Right or Reason, is null and void in it self, without more ado. Suppose a Parliament by their Act should constitute a man Judge in his own cause, give him a meer Arbitrary power; such Act would be in it self void.

This is declared to be the ground of that exemplary Justice done upon Empson and Dudley, (as acting contrary to the Peoples Liberties in Magna Charta) whose Case is very memorable in this point. For, though they gratified Hen. 7th in what they did, and had an Act of Parliament for their Warrant, made the 11th of his Reign, yet met they with their due reward from the hands of Justice, that Act being against Equity and common Reason, and so, no justifiable ground or apology for those infinit Abuses and Oppressions of the People, they were found guilty of.

The Statute, under colour whereof they acted, ran to this effect. Be it enacted, that the Justices of the Assizes, and Justices of the Peace upon Information for the King, before them to be made, have full power and authority by their discretion, to hear and determine all offences and contempts. Having this ground, they proceeded against the People, upon meer Information, in the execution of Penal Laws, without any Indictment or Presentment by good and lawful men, but only by their own Promoters or Informers, contrary to the 29th of [Page 8] Magna Charta, which requires, That no free-man be proceeded against, but by lawful Judgment of his Peers, or by the Law of the Land.

Secondly, This Act allowed them to hear and determine arbitra­rily, by their own discretion, which is not according to the Law and Custom of England. And Cook sayes, 'tis the worst (and most ag­gravated) oppression of all, that is done under the colour of Law, or disguise of Justice.

Such a Statute or Act of Parliament, is, not only against the light of Reason, but against the express letter of unrepealed Statute-Law; 42. Edw. 3. 1. It is assented and accorded, That the great Charter, and the Charter of Forest be holden and kept in all points, and if any Statute be made to the contrary, that shall be holden for none.

This also is consonant to the first chapter of the great Charter it self, made 9. Hen. 3. We have granted to all the free-men of our Realm, these Liberties under-written, to have and to hold to them and their heirs, of Us and our Heirs, for ever.

But what if this great Charter it self had never been made? had England been to seek for righteous Laws and just Liberties? nothing lesse. The same Liberties and Laws were ratified before that, in the great Charter made the seventeenth year of King John, and mentioned (among others) by Matthew Paris.

And to what yet amounted the matter of all these Grants, but what the Kings themselves were bound before to observe, by their Coronation Oaths, as the antient fundamental Laws or Customs of this Land? This we may find in Mr. Lambard's Translation of the Saxon Laws, from the time of King Ina, who began anno 712; to Hen. 1. who began 1100. Amongst the Saxons, King Alfred is reputed the most famous and learned Compiler of our Laws, which were still handed along from one King to another, as the unalterable Customs of the Kingdom. In the 17th chapter of Edward the Confessor's Laws, The mention of the duty of a King (which, if not performed, nec nomen Regis in eo con­stabit) is remarkable. And Mr. Lambard tells us, that even William the Conqueror, did ratifie and observe the same Laws that his kinsman Edward the Confessor did, as obliged by his Coronation Oath.

So then, neither the great Charter in King John's time, nor that of 9. Hen. 3. were properly a new Body of Law, but a Declaration of the antient fundamental Laws, Rights and Liberties of this Nation, in Brittish, Saxon, Danish and Norman times, before. This, Cook in his Proem to the second part of his Institutes, observes; where he notes also, that this Charter is not called great, for quantity of words, [Page 9] (a sheet of Paper will contain it) but for the great importance and weight of its matter.

Through the advice of Hubert de Burgo Chief Justice of England, Edward the first, in the eleventh year of his Reign, did, in a Council held at Oxford, unjustly cancel this great Charter, and that of Forest: Hubert therefore was justly sentenc'd according to Law, by his Peers, in open Parliament. Then, 25 Ed. 1. The Statute, called, Confir­mationes Charrarum was made, in the first chapter whereof, the Mag. Charta is peculiarly called the Common Law. 25. Ed. 1. cap. 2. Any Judgment given contrary to the said Charter, is to be undone and holden for naught And cap. 4. Any that by word, deed, or coun­sel, go contrary to the said Charter, are to be excommunicated by the Bishops; and the Arch-Bishops of Canterbury and York are bound to compel the other Bishops to denounce sentence accordingly, in case of their remisness or neglect.

The next famous sticklers to Hubert de Burgo, for Arbitrary Do­mination, were the two Spencers, father and son, by whose rash and evil counsel (sayes Cook) Edward the second was seduced to break the Great Charter, and they were banished for their pains.

By these passages we may observe, how the People would still be strugling (in and by their Representatives) for their Legal Rights and Just Liberties; to obviate the Encroachers whereof, they procured several new Ratifications of their old Laws, which were indeed in themselves unrepealable, even by Parliaments, if they will act as men, and not contradict the Law of their own Reason, and of the common Reason of all mankind.

By 25 Ed. 1. cap. 1. Justices, Sheriffs, Majors, and other Mini­sters, that have the Laws of the Land to guide them, are required to allow the said Charter to be pleaded in all its points, and in all causes that shall come before them in Judgment.

This is a clause (sayes Cook) worthy to be written in letters of gold; That the Laws to be the Judges guides, (and therefore not the Judges, the guides of the Laws, by their arbitrary glosses) which ne­ver yet misguided any that certainly knew and truly followed them. In consonancy herewith, the Spaniard sayes, Of all the three learned Professions, The Lawyer is the only letter'd man, his business and duty being to follow the plain literal construction of the Law, as his guide, in giving Judgment. Pretence of mystery here, carries in the bowels of it, intents, or at least a deep suspition of arbitrary domination. The mind of the Law is not subject to be clouded, disturbed or perverted [Page 10] by passion or interest. 'Tis far otherwise with Judges; therefore 'tis fitter and safer the Law should guide them, than they the Law. Cook on the last mentioned Statute affirms, That this great Charter, and the Charter of Forest, are properly the Common Law of this Land, or the Law that is common to all the People thereof.

2 Ed. 3. cap. 8. Exact care is taken, that no Commands by the Great or Little Seal, shall come to disturb or delay Common Right. Or, if such Commands come, the Justices are not thereby to leave to do Right, in any point. So 14 Ed. 3. 14. 11 Ric. 2. 10. The Judges Oath, 18 Ed. 3. 7, runs thus:

If any force come to disturb the execution of the Common Law, ye shall cause their bodies to be arrested and put into Prison. Ye shall deny no man Right by the King's Letters, nor counsel the King any thing that may turn to his dammage or disherison.

The late King in his Declaration at Newmarket, 1641, acknow­ledged the Law to be the Rule of his Power. And his Majesty that now is, in his Speech to both Houses, the 19th of May last, said ex­cellently, The good old Rules of Law are our best security.

The Common Law then, or Liberties of England, comprized in the Magna Charta and the Charter of Forest, are rendred as secure, as authentick words can set them, from all Judgments or Precedents to the contrary in any Courts, all corrupting advice or evil counsel of any Judges, all Letters or Countermands from the Kings Person, under the Great or Privy Seals; yea, and from any Acts of Parliament it self, that are contrary thereunto. As to the Judges, no question, they well know the story of the 44 corrupt Judges, executed by King Alfred, as also of Tresillian, Belknap, and many others since.

By 11 Hen. 7. cap. 1. They that serve the King in his Wars, ac­cording to their duty of Allegiance, for defence of the King and the Land, are indempnified; If against the Land, and so not according to their Allegiance, the last clause of that chapter seems to exclude them from the benefit of this Act.

6 Hen. 8. 16. Knights and Burgesse of Parliament are required not to depart from the Parliament, till it be fully finished, ended or prorogued.

28 Ed. 3. cap. 3. No man is to be imprisoned, disherited, or put to death, without being heard what he can say for himself.

4 Ed. 3. 14. and 36. Ed. 3. 10. A Parliament is to be holden every year▪ or oftner if need be.

1 Ric. 3. cap. 2. The subjects of this Realm are not to be charged with any new imposition, called a Benevolence.

[Page 11] 37 Ed. 3. c. 18. All those that make suggestions against any man to the King, are to be sent with their suggestions before the Chancellor, Treasurer, and his grand Council, and there to find surety that they will pursue their suggestions; and are to incur the same pain, the party by them accused should have had, if attained, in case the suggestion be found evil, or false.

21 Jacobi, cap. 3. All Monopolies and Dispensations, with Penal Laws, are made void, as contrary to the great Charters.

These quotations of several Statutes, as Ratifications and Restorers of the Laws of the Land, are prefixed to the following Discourses and Pleas of this Sufferer, as certain steady, unmovable Land-marks, to which he oft relates. The rouling Seas have other Laws, peculiar to themselves, as Cook observes (on that expression, Law of the Land) in his Comment on the 29th Chapter of Magna Charta. Offences done upon the High Sea, the Admiral takes conusance of, and proceeds by the Marine Law.

But have those steady Land-marks, though exactly observed and never so pertinently quoted and urged by this Sufferer, failed him, as to the securing of his Life? 'Tis because we have had Land-floods of late; Tumults of the People, that are compared to the raging Seas, Psal. 65. 7.

The first Paper of this deceased Sufferer, towards the defence of his Cause and Life, preparatory to the Tryal, (as the foundation of all that follows) before he could know how the Indictment was laid, (and which also a glance back to any crime of Treason since the beginning of the late War, that the Attorney General rec­koned him chargeable with, shews to be very requist) take as followeth.
Memorandums touching my Defence.

THe Offence objected against me, is levying War, within the Statute 25 Ed. 3. and by consequence, a most high and great failer in the duty which the Subject, according to the Laws of England, stands obliged to perform, in relation to the Imperial Crown and Soveraign Power of England.

The crime, if it prove any, must needs be very great, considering the circumstances with which it hath been accompaned: For it relates to, [Page 12] and takes in a series of publick action, of above twenty years continu­ance. It took its rise and had its root in the Being, Authority Judg­ment, Resolutions, Votes and Orders of a Parliament, and that, a Par­liament not onely authorized and commissionated in the ordinary and customary way, by his Majesties Writ of Summons, and the Peoples Election and Deputation, subject to Adjournment, Discontinuance, and Dissolution, at the King's will; but which by express Act of Parlia­men [...], was constituted in its continuance and exercise of its Power free from that subjection, and made therein wholly to depend upon their own will, to be declared in an Act of Parliament, to be passed for that purpose, when they should see cause. To speak plainly and clearly in this matter; That which is endeavoured to be made a Crime and an Offence of such an high nature in my person, is no other than the ne­cessary and unavoidable Actings of the Representative Body of the Kingdom, for the preservation of the good People thereof, in their al­legiance and duty to God and his Law, as also from the imminent dangers and destruction threatned them, from God's and their own Enemies.

This made both Houses in their Remonstrance (May 26. 1642.) protest; If the Malignant spirits about the King, should ever force or necessitate them to defend their Religion, the Kingdom, the Privi­ledges of Parliament, and the Rights and Liberties of the Subjects, with their Swords; The Blood and Destruction that should ensue ther­upon, must be wholly cast upon their account, God and their own con­sciences telling them, that they were clear; and would not doubt, but that God and the whole world would clear them therein.

In his Majesties Answer to the Declaration of the two Houses, (May 19. 1642.) he acknowledgeth his going into the House of Commons to demand the five Members, was an errour: And that was it, which gave the Parliament the first cause to put themselves in a posture of defence, by their own Power and Authority, in commanding the Trained-Bands of the City of London, to guard and secure them from Violence, in the discharge of their Trust and Duty, as the two Houses of Parliament, appointed by Act, to continue, as above-mentioned.

The next cause was, his Majesties raising Forces at York, (under pre­tence of a Guard) expressed in the humble Petition of the Lords and Commons, (May 23. 1642.) wherein they beseech his Majesty to dis­band all such Forces, and desist from any further designs of that nature, otherwise they should hold themselves bound in duty towards God, and the Trust reposed in them by the People, and the Fundamental [Page 13] Laws and Constitutions of this Kingdom, to employ their care and ut­most power, to secure the Parliament, and preserve the peace and quiet of the Kingdom.

May 20. 1642, The two Houses of Parliament gave their Judg­ment, in these Votes.

First, That it appears, that the King (seduced by wicked Counsel) intends to make War against the Parliament, who in all their Consul­tations and Actions have proposed no other end to themselves, but the Care of his Kingdoms, and the performance of all Duty and Loyalty to his Person.

Secondly, That whensoever the King maketh War upon the Par­liament, it is a breach of Trust reposed in him by his People, contrary to his Oath, and tending to the dissolution of this Government.

Thirdly, That whosoever shall serve or assist him in such Wars, are Traytors by the fundamental Laws of this Kingdom, and have been so adjudged by two Acts of Parliament, and ought to suffer as Traitors.

Die Jovis, Octob. 8. 1642., In the Instructions agreed upon by the Lords and Commons about the Militia, They declare, That the King (seduced by wicked Counsel) hath raised War against the Parlia­ment, and other his good Subjects.

And by the Judgment and Resolution of both Houses, bearing date Aug. 13. 1642, upon occasion of his Majesties Proclamation for sup­pressing the present Rebellion under the Command of Robert Earl of Essex, They do unanimously publish and declare, That all they who have advised, declared, abetted, or countenanced, or hereafter shall abet and countenance the said Proclamation, are Traytors and Ene­mies to God, the King and Kingdom, and guilty of the highest degree of Treason that can be committed against the King and Kingdom, as that which invites his Majesties Subjects to destroy his Parliament, and good People, by a Civil War; and by that means, to bring ruine, confusion and perpetual slavery upon the surviving part of a then wret­ched Kingdom.

The Law is acknowledged by the King, to be the onely Rule, by which the People can be iustly governed; and that as it is his duty, so it shall be his perpetual, vigilant care, to see to it: Therefore he will not suffer either or both Houses by their Vo [...]es, without or against his Consent, to enjoyn any thing that is forbidden by the Law, or to forbid any thing that is enjoyned by the Law.

The King does assert in his Answer to the Houses Petition, (May 23. 1642.) That He is a part of the Parliament, which they take [Page 14] upon them to defend and secure; and that his Prerogative is a part of, and a defence to the Laws of the Land.

In the Remonstrance of both Houses, (May 26. 1642.) They do assert; That if they have made any Precedents this Parliament, they have made them for posterity, upon the same or better grounds of Rea­son and Law, than those were, upon which their Predecessors made any for them; and do say, That as some Precedents ought not to be Rules for them to follow, so none can be limits to bound their Proceedings, which may and must vary, according to the different condition of times.

And for the particular, with which they were charged, of setting forth Declarations to the People who have chosen and entrusted them with all that is dearest to them, if there be no example for it in former times; They say, it is because there never were such Monsters be­fore, that attempted to disaffect the People towards a Parliament.

They further say; His Majesties Towns are no more his care than his Kingdom, nor his Kingdom than his People, who are not so his own, that he hath absolute power over them, or in them, as in his pro­per Goods and Estate; but fiduciary, for the Kingdom, and in the paramount right of the Kingdom. They also acknowledge the Law, to be the safeguard and custody of all publick and private Interests. They also hold it fit, to declare unto the Kingdom, (whose Honour and Interest is so much concerned in it) what is the Priviledge of the great Council of Parliament, herein; and what is the Obligation that lies upon the Kings of this Realm, as to the passing such Bills as are offered to them by both Houses, in the name, and for the good of the whole Kingdom, whereunto they stand engaged, both in Conscience and Ju­stice, to give their Royal Assent.

First, In Conscience; in respect of the Oath that is, or ought to be taken by them, at their Coronation, as well to confirm by their Royal Assent, all such good Laws as the People shall chuse, (whereby to remedy such inconveniencies as the Kingdom may suffer) as to keep and protect the Laws already in being.

The form of the Oath is upon Record, and asserted by Books of good authority, Unto it relation is had, 25 Ed. 3. entitiled, The Statute of Provisors of Benefices.

Hereupon, The said Commons prayed our said Lord the King, (sith the Right of the Crown of England, and the Law of the said Realm, is such, that upon the mischiefs and dammages which happen to this Realm, he ought and is bound by his Oath, with the accord [Page 15] of his People in Parliament, to make Remedy and Law, for the re­moving thereof) That it may please him to ordain Remedy.

This Right, thus claimed by the Lords and Commons, the King doth not deny, in his Answer thereunto.

Secondly, In Justice the Kings are obliged as well as in Consci­ence, in respect of the Trust reposed in them, to preserve the Kingdom by the making of new Laws, where there shall be need, as well as by observing of Laws already made; a Kingdom being many times as much exposed to ruine for want of a new Law, as by the violation of those that are in being.

This is a most clear Right, not to be denyed, but to be as due from his Majesty to his People, as his Protection. In all Laws framed by both Houses, as Petitions of Right, they have taken themselves to be so far Judges of the Rights claimed by them, That when the King's An­swer hath not been in every point, fully according to their desire, they have still insisted upon their Claim, and never given it over, till the Answer hath been according to their demand, as was done in the late Petition of Right, 3. Caroli.

This shews, the two Houses of Parliament are Judge between the King and the People in question of Right, as in the Case also of Ship-money and other illegal Taxes; and if so, why should they not also be Judge in the Cases of the Common Good and Necessity of the Kingdom, wherein the Kingdom hath as clear a Right to have the benefit and remedy of the Law, as in any other matter, saying Par­don and Grants of Favour?

The Malignant Party are they, that not only neglect and despise, but labour to undermine the Law, under colour of maintaining it. They endeavour to destroy the Fountain and Conservators of the Law, the Parliament. They make other Judges of the Law, than what the Law hath appointed. They set up other Rules for themselves to walk by, than such as are according to Law; and dispence with the Subjects obedience, to that which the Law calls Authority, and to their De­terminations and Resolutions, to whom the Judgment doth appertain by Law: Yea, though but private persons, they make the Law to be their Rule, according to their own understanding only, contrary to the Judgment of those that are the competent Judges thereof.

The King asserts, That the Act of Sir John Hotham was levying War against the King, by the letter of the Statute, 25 Ed. 3. cap. 2.

The Houses state the Case, and deny it to be within that Statute; saying, If the letter of that Statute be thought to import this; That [Page 16] no War can be levied against the King, but what is directed and in­tended against his Person; Or, that every levying of Forces for the de­fence of the King's Authority, and of his Kingdom, against the per­sonal Commands of the King, opposed thereunto, (though accompa­nied with his presence) is Treason, or levying War against the King; Such Interpretation is very far from the sense of that Statute, and so much the Statute it self speaks, beside the authority of Book-cases. For if the clause of levying War had been meant only against the King's Person, what need had there been thereof, after the other branch in the same Statute, of compassing the King's death, which would neces­sarily have implied this? And because the former doth imply this, it seems not at all to be intended, at least not chiefly, in the latter branch, but the levying War against his Laws and Authority; and such a le­vying War, though not against his Person, is a levying War against the King; whereas the levying of Force against his personal Com­mands, though accompanied with his Presence, and not against his Laws and Authority, but in the maintenance thereof, is no levying of War against the King, but for him, especially in a time of so many successive plots and designs of Force against the Parliament and King­dom, of probable Invasion from abroad, and of so great distance and alienation of his Majesties affections from his Parliament and People, and of the particular danger of the Place and Magazine of Hull, of which the two Houses sitting, are the most proper Judges.

In proclaiming Sir John Hotham Traitor, they say, The breach of the Priviledge of Parliament was very clear, and the subversion of the Subjects common Right. For though the Priviledges of Parliament extend not to these cases, mentioned in the Declaration of Treason, Felony, and breach of the Peace. so as to exempt the Members of Parliament from Punishment, or from all manner of Process and Try­al, yet it doth priviledge them in the way and method of their Tryal and Punishment, and that the Parliament should first have the Cause brought before them, that they may judge of the Fact, and of the grounds of their Accusation, and how far forth the manner of their Tryal may or may not concern the Priviledge of Parliament: Other­wise, under this pretext, the Priviledge of Parliament in this matter, may be so essentially broken, as thereby the very Being of Parlia­ments may be destroyed. Neither doth the sitting of a Parliament suspend all or any Law, in maintaining that Law, which upholds the Priviledge of Parliament, which upholds the Parliament, which up­holds the Kingdom.

[Page 17] They further assert; That in some sense, they acknowledge the King to be the only person, against whom Treason can be committed, that is, as he is King, and that Treason which is against the King­dom, is more against the King, than that which is against his Person; because he is King: For Treason is not Treason, as it is against him as a man, but as a man that is a King, and as he hath, and stands in that relation to the Kingdom, entrusted with the Kingdom, and discharging that Trust.

They also a vow, That there can be no competent Judge of this or any the like case, but a Parliament; and do say, that if the wicked Counsel about the King could master this Parliament by force, they would hold up the same power to deprive us of all Parliaments, which are the ground and pillar of the Subjects Liberty, and that which only maketh England a free Monarchy.

The Orders of the two Houses carry in them Law for their limits, and the Safety of the Land for their end. This makes them not doubt but all his Majesties good Subjects will yeeld obedience to his Maje­sties Authority, signified therein by both Houses of Parliament: for whose encouragement, and that they may know their Duty in matters of that nature, and upon how sure a ground they go, that follow the Judgement of Parliament for their guide; They alledge the true mean­ing and ground of that Statute, 11. Hen. 7. cap. 1. printed at large in his Majesties Message, May 4; This Statute provides, that none that shall attend upon the King and do him true service, shall be at­tainted, or forfeit any thing.

What was the scope of this Statute?

Answ. To provide, that men should not suffer as Traitors for ser­ving the King in his Wars, according to the duty of their Allegiance. But if this had been all, it had been a very needless and ridiculous Statute. Was it then intended (as they seem to make it, that print it with his Majesties Message) that those should be free from all crime and penalty, that should follow the King and serve him in War, in any case whatsoever, whether it were for or against the Kingdom or the Laws thereof? That cannot be: for that could not stand with the duty of their Allegiance, which, in the beginning of this Statute, is ex­pressed to be, to serve the King for the time being in his Wars, for the defence of him and the Land. If therefore it be against the Land, (as it must be, if it be against the Parliament, the Representative Body of the Kingdom) it is a declining from the duty of Allegiance, which this Statute supposes may be done, though men should follow the Kings [Page 18] Person in the War. Otherwise, there had been no need of such a Proviso in the end of the Statute, that none should take benefit there­by, that should decline from their Allegiance.

That therefore which is the Principal Verb in this, is the serving of the King for the time being, which cannot be meant of a Perkin War­beck, or any that should call himself King, but such a one, as (what­ever his Title might prove, either in himself or in his Ancestors) should be received and acknowledged for such, by the Kingdome, the Con­sent whereof cannot be discern'd but by Parliament; the Act where­of, is the Act of the whole Kingdom, by the personal Suffrage of the Peers, and the Delegate Consent of the Commons of England. Henry 7th therefore, a wise Prince, to clear this matter of contest, happening between Kings de facto and Kings de jure, procured this Statute to be made, That none shall be accounted a Traitor for serving in his Wars, the King for the time being; that is, him that is for the present allowed and received by the Parliament in behalf of the King­dom. And as it is truly suggested in the Preamble of the Statute; It is not agreeable to reason or conscience, that it should be otherwise, seeing men should be put upon an impossibility of knowing their duty, if the Judgment of the highest Court should not be a Rule to guide them. And if the Judgment thereof is to be followed, when the question is, who is King? much more, when the question is, what is the best service of the King and Kingdom? Those therefore that shall guide themselves by the Judgment of Parliament, ought (what ever happen) to be secure and free from all account and penalties, upon the ground and equity of this Statute.

To make the Parliament countenancers of Treason, they say, is enough to have dissolv'd all the bands of service and confidence be­tween his Majesty and his Parliament, of whom the Law sayes, a dishonourable thing ought not to be imagined.

This Conclusion then is a clear Result from what hath been argued; That in all Cases of such difficulty and unusualness, happening by the over-ruling Providence of God, as render it impossible for the Subject to know his duty, by any known Law or certain Rule ex­tant, his relying then, upon the Judgment and Reason of the whole Realm, declared by their Representative Body in Parliament, then sit­ting, and adhering thereto, and pursuing thereof, (though the same afterwards be by succeeding Parliaments, judged erroneous, factious and unjust) is most agreeable to right Reason and good Conscience; and in so doing, all persons are to be free and secure from all Account [Page 19] and Penalties, not only upon the ground and equity of that Statute, 11 Hen. 7. but according to all Rules of Justice, natural or moral.

The day of Arraignment, being Monday June 2. 1662.

Reader, The best account thou canst yet be furnished with, as to this dayes proceedings in Court, is, as followeth.

SIR Henry Vane was the last Term, indicted of High Treason, be­fore the Middlesex Grand Jury, and the Bill being found by them, he was upon Monday the second of June this Term, arraigned, to this effect.

That you as a false Traitor against his most excellent Majesty King Charles the second, your supream and natural Lord, not having the fear of God before your eyes, and withdrawing that your duty and alle­giance, which a true Subject ought to have and bear to our said Leige and sovereign Lord, thirteenth of May, in the eleventh year of our said sovereign Lord the King, at the Parish of St. Martins in the fields in the Country of Middlesex, did compass and imagine the Death of our said sovereign Lord the King, and the ancient frame of Government of this Realm, totally to subvert and keep out our said sovereign Lord from the exercise of his Regal Government; and the same the better to effect, the said Sir Henry Vane the said thirteenth day of May, in the said eleventh your, &c. at St. Martins aforesaid, together with other false Traitors, to the Jurors unknown, did traiterously and ma­liciously assemble and sit together, and then and there consulted to bring the King unto destruction, and to hold him out from the exer­cise of his Regal Authority, and then and there usurped the Govern­ment, and appointed Officers, to wit, Colonels and Captains of a cer­tain Army, raised against the King, against the Peace of our sovereign Lord the King his Crown and Dignity, and contrary to the form of the Statute in that case made and provided.

And the better to effect this, the twentieth of December, in the said eleventh year, with a multitude, to the number of a thousand persons, to the Jurors unknown, in warlike manner assembled, and arrayed with Guns, Trumpets, Drums, &c. did levy War against the Peace, &c. and contrary to the form of a Statute.

Which being read, he prayed to have it read a second time, which was granted him. He then prayed to have it read in Latine, which [Page 20] all the Court denyed, and Keeling the King's Serjeant said, That though all Pleas and Entries are set down on Record in Latine, yet the agitations of Causes in Court, ought to be in English.

The Prisoner moved several Exceptions to the Indictment, as that the 25. Ed. 3. is not pursued; that he had levied no such force as amounted to a levying of War; Also, the place in which, persons with whom, are both uncertain; and the particular acts of levying War, being not set forth, he thought therefore the Indictment was insuffi­cient. Also, he said, here is a long time of Action for which I am charged, and I may be concern'd for what I acted as a Member in that sovereign Court of Parliament, and if any thing concerns the Ju­risdiction of that Court, I ought not to be judged here; at which the Court and King's Counsel took great offence.

He said also; There hath been an Act of General Pardon, since that time, whereby all Treasons are put in utter oblivion, and though Sir Henry Vane were excepted, yet none consent that he was that Sir Henry Vane. But the King's Counsel said, If he would plead that Plea, they would joyn that Issue with him, if he pleased, which if it should be found against him, it would be too late to plead, not guilty.

But the Court said, in favour of life, a man may plead a double Plea, and give in his Exception, and plead over to the Felony or Treason, not guilty.

But as to the Exceptions taken to the Indictment, they gave little heed to them, but pressed him to plead or confess.

Whereupon he pleaded, Not guilty; and had four dayes, to wit, till Friday next, for his Tryal.

From another hand, take, as followeth.

The Prisoner did much press for Counsel to be allowed him, to ad­vise with about any further Exceptions to the Indictment, besides those by him exhibited, and to put all into form, according to the customary proceedings and language of the Law, as also to speak to them at the Bar, on his behalf, he not being vers'd in the punctilio's of Law-writings and Pleas. He further said. That the Indictment, which so nearly concern'd his Life, being long, and his memory short, it could not well be imagined that he should upon the bare hearing it read, be able in an instant to find out every material Exception against it, in form or matter. He pleaded a good while on this account, but Counsel was finally denied him till he should plead guilty or not guilty, unto [Page 21] which, being a third time urged, he pleaded Not guilty; The Court having assured him beforehand, that after pleading, Counsel should be assigned him, which yet never was performed.

Here followeth a Transcript of the Prisoners own Papers, contain­ing certain Memorandums pleadable upon his Arraignment.

Memorandums for, and towards my Defence.

Upon hearing the Indictment read, and before pleading.

FIrst, To lay before the Court the impossibility that he humbly con­ceives, is already in view, as to the having any such indifferent and equal Tryal, as the Law intends him, and doth require and command on the behalf of all the free-People of England. The Rise for this Conception he takes from what hath been already done in relation to the Prisoner himself, unheard, unexamined, and yet kept close Prisoner for near two whole years. This he shall leave to the Judgment of the Court, after he hath made known the particulars thereof unto them, as necessary to precede the thing demanded of him, in pleading guilty, or not guilty.

Secondly, What is the indifferency which the Law requires and appoints throughout, as well in matters that go before the Tryal, as in the proceedings at the Tryal if it self?

Before the Tryal, and in the first step to it, which is the keeping and securing his person, Magna Charta is clear, and gives this Rule, cap 29. Nullus liber homo capiatur, &c.

No free-man shall be taken or imprisoned, or be disseised of his free­hold or liberties, or free-customs, or be outlawed or exiled, or any other­wise destroyed; Nor we will not passe upon him, nor condemn him, but by lawful Judgement of his Peers, or by the Law of the Land: We will sell to no man, we will not deny or defer to any man either Justice or Right.

Out of this Chapter, as out of a root (saith Sir Edward Cook) do many fruitful branches of the Law of England spring. It contains nine branches; some whereof I shall insist upon in my Case.

First, That no man be taken or imprisoned but per Legem Terrae, that is, by the Common Law or Custom of England; which words, per Legem Terrae, though put last, refer to all the precedent branches.

Secondly, The Goods of any Offender cannot regularly be taken [Page 22] and seized to the King's use before Conviction, nor be Inventoried, nor the Town charged therewith, before the owner be indicted of Record.

Thirdly, No man shall be exiled or banished out of his Country, not be in any sort destroyed but by the verdict of his Peers.

This appears by Bracton and other ancient Writers, quoted by Cook, in the third part of his Institutes, fol. 228.

Upon the whole matter saith Cook, these two Conclusions are ma­nifestly proved.

First, That before Indictment, the Goods or other things of any Offender cannot be searched, inventoried or in any sort seized, nor after Indictment, seized, removed, or taken away, before Conviction or Attainder.

Secondly, That the begging of the Goods or Estate of any De­linquent, accused or indicted of any Treason, Felony, or other offence, before he be convicted and attainted, is utterly unlawful; Stat. Ri. 1. cap. 3.

And besides, it maketh the prosecution against the Delinquent, more precipitant, violent and undue, than the quiet and equal proceedings of the Law and Justice would permit: Or else, by some under-hand Agreement, stops or hinders the due course of Justice, and discoura­geth both Judge, Juror and Witness to do their duty.

Thirdly, The Judges are not to give so much as their Opinion be­fore-hand, concerning the Offence, whether it prove that Offence in that Case.

Cook in the chap. of Petty Treason, fol. 29. expresly saith; And to the end the Tryal may be the more indifferent, seeing the safety of the Prisoner consists in the indifferency of the Court, the Judges ought not to deliver their Opinions before-hand, of any Criminal Case, that may come before them judicially. And he there cites Humphrey Staffords Case that Arch Traitor, in which Hussey Chief Justice, be­sought Hen. 7. not to demand of them their Opinions before-hand. And in the 4th of his Institutes, in the chap. of the High Court of Parliament, fol. 37, he fully shews the evil of asking the Judges Opi­nions before-hand.

But instead of this, The Judges being assistant in the Lords house, when all Acts of Parliament passe, and whose Advice is taken in them, have (as appears by what is declared in the said Acts) prejudg'd by their Opinions and the Opinions of the Parliament before-hand, the merit of the Cause that now appears to be put upon the Issue in my [Page 23] Tryal. Hereby the Judges are rendred ex parte, and the indifferency the Law requires, impossible to be afforded.

Nor is this all; but by the Rules declared in the Act of Indempni­ty; all are disenabled to plead, or make use of the Ordinances, Orders and Votes of both, or either Houses of Parliament, that may have occa­sion thereof; and then by excepting the Prisoner and his fellow out of the said Act, and all benefit thereby, a door is left open to Arraign, bring to Tryal and Sentence the whole Cause from the beginning to the ending, in the person of the Prisoner, and at the same time, de­prive him of all means and possibility of Justification and Defence.

Fourthly, It is observable how early hard measure appeared in the way wherein the Prisoner became excepted out of the Act of Indemp­nity, when the Commons, his proper Judges, declared him in their thoughts, not fit to be endangered in the point of Life; yet unto the Judgment of the Lords, (that ought not to judge Commoners, un­brought before them by the Commons, much less, in opposite Judge­ment to the Commons) The Commons were necessitated to yeeld, lest otherwise the Act of Indempnity to the whole Nation should stop upon this dispute and essential difference between the two Houses; A Competition, easily over-ruled; although (as it proves by the sequel) That Act of Indempnity is like to become felo de se, or a destroyer of it self, if your Lordships shall conceive your selves at liberty, (not­withstanding that Act) not only to bring anew into memory upon the stage, the state of all the passed differences, from first to last, but to try and judge the merit of them in my person, and therein call in que­stion the validity of that whole Act, and make void the benefit in­tended by it, in case the War undertaken and managed by both or either of the Houses of Parliament, be judged unlawful, and within the Statute of 25. Ed. 3. For this adjudges all the People of England morally guilty of the evil of a sin and offence against the Law of Na­ture, which once done, what ever promised Indempnity be granted for the present, the Evil of the Action remaining upon Record; not only to the Infamy of the whole People of England, but their future danger, upon pretence they have forfeited the very Indempnity granted.

Fifthly, The length of time taken to search out matter against the Prisoner, and the undue practices and courses to find out Witnesses, do further evidence how unlike the Prisoner is to have an equal and in­different Tryal. He doubts not, this will appear in his two years close Imprisonement, (six months whereof was Banishment) during which [Page 24] time, he was never so much as once examined, or had any question put to him, whereby he might conjecture wherefore he was committed to Prison, any further than was expressed in the Warrants of Commit­ments.

Now these were so general, that nothing certain or particular could be gathered out of them. But upon the received opinion, that he was excepted out of the Act of Indempnity, and in the sence of both Houses, a great Delinquent, his Estate was attempted to be invento­ried, his Rentals demanded, his Rents were actually seized in the Te­nants hands, and they forbidden to pay them. His very Courts were prohibited by Officers of great Personages, claiming the Grant of the Estate, and threatning his Officers from doing their duty. By these kind of undue proceedings, the Prisoner had not wherewithal to maintain himself in Prison, and his Debts, to the value of above ten thousand pounds, were undischarged, either Principal or Interest. The hopes of private lucre and profit hereby, was such, in the Tenants and other persons, sought out for far and near, to be Witnesses, that it is no wonder at last, something by way of Charge comes to be exhi­bited.

And as this is the Case of the Person before his appearance at this Bar, with respect to the foresaid unequal proceedings towards him, and the great disadvantages put upon him, and all these, as it were, in a continued series of Design; so, the matters and things themselves with which it now appears he is charged in the Indictment, make his Case still very extraordinary and unusual, involving him in difficulties that are insuperable, unless God's own immediate Power do shew it self in working his deliverance.

The things done, are for many years past, in a time of Differences between King and Parliament, and Wars ensuing thereupon. Many extraordinary Changes and Revolutions in the State and Government were necessitated in the course of God's Providence, for wise and holy ends of his, above the reach of humane wisdom.

The Authority by which they are done, is prejudged. The Orders, Votes and Resolutions of Parliament are made useless, and forbidden to be produced. Hereby, all manner of defence is taken away from the Prisoner; and that which was done according to Law, as the Laws of those times were, is endeavoured to be made unlawful, and so the per­sons, acting according to such Laws, are brought to punishment.

The Judges (as hath been shewed) are forestalled in their Judge­ments, by the declared sence of Parliaments, given ex post facto. [Page 25] The Jurors are put upon difficulties never known before, for twelve Commoners to judge the Actions of all the Commons of England, in whom they are included, as to whose Judgment is the right, the one or the others; and whether their Representatives be trusty.

The Party indicted is under an incapacity to bring Witnesses, as well from the nature of the place wherein the things were done, within the Walls of the House, as from the shortness of time, having heard no­thing of his Charge, and being kept a close Prisoner to the last day. His Solicitors and persons imployed in his Law-businesses, were also restrained from him.

It is also most evident, that the matters for which he is questioned, being the Product of so many years Agitations of Parliamantary Coun­sels and Arms, cannot be of a single concern, nor be reputed as the actions of a private man, done of his own head, nor therefore come within any of the six Classes of Treason, contained in 25. Ed. 3.

It is a Case most unusual, and never happening before in this King­dom; yet it is alledged in the Indictment to be a levying War with­in that Statute, and so comes to have the name of High Treason put upon it, thereby (if possible) to deprive him of the use and benefit of Counsel, as also of competent time to prepare for his Defence, and all fitting and requisit means for the clearing of his Innocency. Unto this, unless some remedy be afforded by the justice, candor and favour of this Court, it may be better for the Prisoner (for ought he yet knows) to be immediately destroyed by special Command (if nothing else will satisfie) without any form of Law, as one to whom Quarter, after at least two years cool blood, is thought fit to be denied in relation to the late Wars. This may seem better, than under a colour and form of Justice, to pretend to give him the benefit of the Law and the King's Courts, whose part it is, to set free the Innocent, upon an Equal and Indifferent Tryal had before them, if their Cause will bear it: but it is very visible beforehand, that all possible means of Defence are taken and withheld from him, and Laws are made ex post facto, to fore­judge the merit of the Cause, the Party being unheard.

And when he hath said all this, that as a rational man, does occur to him, and is fit for him to represent in all humility to the Court, he craves leave further to adde; That he stands at this Bar not only as a man, and a man clothed with the Priviledges of the most Sovereign Court, but as a Christian, that hath Faith and reliance in God, through whose gracious and wise appointment, he is brought into these circum­stances, and unto this place at this time, whose Will he desires to be [Page 26] found resigned up into, as well in what He now calls him to suffer, as in what He hath called him formerly to act, for the good of his Coun­try, and of the People of God in it. Upon this bottom (he blesses the Name of his God) he is fearless, and knows the issue will be good what ever it prove. God's strength may appear in the Prisoner's weak­ness; and the more all things carry the face of certain ruine and de­struction unto all that is near and dear to him in this world, the more will divine deliverance and salvation appear; to the making good of that Scripture, That he that is content to lose his life in God's Cause and Way, shall save it, and he that instead thereof goes about to save his life upon undue terms, shall lose it.

Far be it therefore from me, to have knowingly, maliciously or wittingly offended the Law, rightly understood and asserted; much less, to have done any thing that is malum per se, or that is morally evil. This is that I allow not as I am a Man, and what I desire with stedfastness to resist, as I am a Christian. If I can judge any thing of my own Case, The true reason of the present difficulties and straits I am in, is because I have desired to walk by a just and righte­ous Rule in all my Actions, and not to serve the lusts and passions of men, but had rather die, than wittingly and deliberately sin against God and transgress his holy Laws, or prefer my own private Interest before the Good of the whole Community I relate unto, in the King­dom where the lot of my residence is cast.

Here follow the chief Observables (as to matter of new Argument) on the day of his Tryal, being Friday June 6. 1662.

ON this day, the Sheriff returned forty eight Freeholders of the Country of Middlesex. After thirty two were challenged by the Prisoner, he had a Jury of Twelve men sworn, to wit, Sir William Roberts, junior. Sir Christopher Abdy. John Stone. Henry Carter. John Leech. Daniel Cole. Daniel Browne. Thomas Chelsam. Tho­mas Pitts. Thomas Ʋpman. Andrew Bent, and William Smith.

The Attorney-General's Speech to the Jury.

The Indictment is, for traiterously imagining and intending, &c. the Death of the King. This very imagination and compassing, &c. is Treason. Yet, forasmuch as the intentions of the heart are secret; the Law cannot take notice of them, till they are declared by Overt Act. Therefore we shall give in Evidence, That for the accomplishing [Page 27] of these Intentions, the Prisoner sate with others in several Councils, or rather Confederacies, incroached the Government, levied Forces, appointed Officers, and at last, levied open and actual War, in the head of a Regiment. If any of these crimes be proved, it is sufficient to make him guilty within this Indictment. And the open levying of War, and appearing in the head of a Regiment, is not only a Treason of it self, but an evidence of all those other Treasons he stands charged with in the Indictment.

These things happening before the Act of Oblivion, you will take notice of that Act, and that the Prisoner being excepted by name from the benefit of that Pardon, though he be chargeable for any crime of Treason since the beginning of the late War, yet we shall confine the Facts for which we charge him, to the Reign of his now Majesty.

After the House had voted the late King's Concessions in the Isle of Wight to be a good ground for Peace, many of the Members were kept out by force, others turned out; the Peers laid aside, and at last, the King murdered. The first thing then that we shall lay to the charge of the Prisoner, is, That that very day, wherein that horried Act was committed, we find his hand and seal to a Warrant to the Officers of the Navie, to issue out Stores for a Summers Guard of the Narrow Seas. This was the first day of the Reign of his now Majesty; and so he enumerated all the Particulars which he intended to charge him with, and proved them, as followeth.

1. The Warrant of the 30th of Jan. 48, was proved to be the hand of Sir Henry Vane, by Thomas Lewis and Thomas Turner, as they believe, neither of them affirming that they saw him write it, but knowing his hand, believed it to be so.

2. Ralph Darnel, an Under-Clerk of the House of Commons, proved the Journal Book of the House, and said, though he will not take upon him to say, when Sir Henry Vane was there, and when he was absent, yet he said positively, that at what time soever he is set down in the Journal, to have acted or reported any thing, he was there. In which Book, Febr. 7. 1648. fol. 653, was the Order to set up a Council of State.

Fol. 684. 13th Feb. were the Instructions presented to the House, upon which the Council of State was to act.

1. The first was, That you, or any four or more, are to suppress all and every person and persons pretending Title to the Kingly Govern­ment of this Nation, from or by the late King; Charles Steward, his son; or any claiming from or by them or either of them, or any other Single Person whatsoever.

[Page 28] This the Attorney said, was in the first part of that Instruction, to destroy the King's Person, and in the second part, the Kingly Go­vernment.

2. That you, &c. are appointed to direct the Forces of this Com­monwealth, for the preventing and suppressing of Tumults and In­surrections at home, or Invasions from abroad; and for these ends, to raise Forces, &c.

3. That Febr. 14. 1648. fol. 695; Sir Henry Vane was chosen a Member of the Council of State, and acted upon these Instructions, which they proved thus; To wit,

First, That Sir Henry Vane, as (fol. 893) 23d of March 1648, Reported from the Council of State, an Estimate of the number of Ships for the Summers Guard of the Narrow Seas.

Secondly, March 30. 1649, Sir Henry Vane reports from the Council of State, That ten thousand pounds, parcel of the twenty thousand pounds, assessed upon South Wales for their Delinquency, be allowed towards the setting out of this Fleet, for the service of the Parliament; which was Ordered accordingly, and to be paid to Sir Henry Vane, as Treasurer of the Navie.

Thirdly, That Sir Hen. Vane usually sate in Council, but this De­ponent, being never admitted to go in, after the Council was sate, proves, that he often saw him go in at the fore-door and back-door, and often continue there all the time the Council was sitting.

William Dobbins and Matthew Lock say, That they several times saw Sir Henry Vane sit in a Committee of the Council, in the years 1651 and 1652, which consisted only of Members of the Council, and particularly at the Committee for Scotish and Irish Affairs, where Sir Henry Vane was often in the Chair, and produced several [...]ders of that Committee.

Fourthly, Febr. 12. 1649, A new Council of State was chosen, of which Sir Henry Vane was one, fol. 720.

Feb. 13. 1649, All the Instructions of the former year were read and assented to.

Feb. 22. 1649. fol. 760, Sir Henry Vane reported the form of an Oath of Secresie to be administred to every of the Members of the Council, which was, to keep all things which should be transacted in Council, secret, and to be true and faithful to their Instructions; which the Attorney said, (since their first Instruction was, to suppress all persons pretending Title from the King) was in effect, an Oath of Abjuration.

[Page 29] Fifthly, Anno 1652, Sir Henry Vane was President of the Coun­cil of State, and several Warrants were produced, to wit, May 20. 1652, and 22d of May - 52; to deliver to Major Wigan, two hun­dred Firelocks, and ten Drums. The other, for the delivery of five hundred Foot-Arms, for Recruit of Col. Ingoldsbyes Regiment; and these were subscribed by Order of the Council, H. Vane, President.

April 2. 1653. A Warrant of that date was produced by the Commissioners of the Navy, of which he was one, for furnishing out the Hampshire Frigat, with Provisions and Ammunition for the use of the State.

From this time to 1659, they charge him with nothing, and then the Journal-Book was produced and attested by Ralph Darnel, where­in, May 7. 1659, an Order was made for appointing a Committee of Safety (whereof Sir Henry Vane was one) That they, or any four or more of them, should take care of the Safety of this Commonwealth, and they to sit for eight dayes and no longer, fol. 36.

Die Ven. May 13. 1659, Sir Henry Vane reported, That they had conferred with all the Foreign Ambassadors. That the Common-wealth is in Amity with all Foreign Princes, but Spain.

Resolved, That Ch. Fleetwood, J. Lambert, J. Disbrough, Jam. Berry, Arthur Haslerigg, Edmund Ludlow, and Sir Henry Vane be Commissioners to nominate Commission-Officers for the Army of this Commonwealth. By vertue hereof they proceeded, June 17. 1659, to nominate Commission-Officers, appointed Robert Mosse a Colonel, presenting a List of his Commission-Officiers; and John Mason to be Governour of Jersey.

Die Ven. May 31. fol. 158. Sir Henry Vane reports, concerning affairs between the two Northern Kings, in the Zound, wherein the affairs of this Commonwealth are concerned.

Die Ven. Sept. 2. 1659. At the Committee of State at White-hall, An Order was produced for the redelivery of the City-horses to their respective owners, Signed, H. Vane, President.

A Warrant was produced under the hand of Sir Henry Vane, pro­ved by Thomas Lewis and one Falconer, for so many Hangers to Col. Tompson, as he shall require for his Regiment.

Three several Letters, to deliver 1200 Arms for the use of my Regiment; to wit, To Sam. Linn my Capt. Leiutenant, 30 Arms for my Company; To Maj. Tho. Shurman, Major of my Regiment, four or five barrels of Powder.

Then one Marsh was produced a Witness, who proves, That Sir [Page 30] Henry Vane proposed the new Model of Government, Whitlock being in the Chair, in these particulars;

1. That the Supream Power, delegated by the People to their Trustees, ought to be in some Fundamentals not dispensed with.

2. That it is destructive to the Peoples Liberties (to which by God's blessing they are restored) to admit any earthly King or single person, to the Legislative or Executive Power over this Nation.

3. That the Supream Power delegated, is not on trusted to the Peo­ples Trustees, to erect matters of Faith or Worship, so as to exercise compulsion therein.

Tho. Pury proves, That he was at the debating of the two last of these Propositions, and believes they were proposed to the Chairman Whitlock, by Sir Henry Vane; but affirms confidently, that Sir Hen. Vane gave Reasons to maintain them.

Tho. Wallis produced, proves Sir Henry Vane and Col. Rich in the head of a Company, in Winchester Park in Southwark, and that the Capt. Leiutenant Linn said to the Souldiers, that Sir Henry Vane had given them five pounds to drink; that the said Linn sent home a key to his wife, to send him four pounds out of his trunk, to give the Soul­diers.

John Cook deposeth, That he was sent to the Horseshoe-stairs, to meet Sir Henry Vane and Col. Rich, and that Sir H. Vane delivered five pound to Capt. Linn, to reward the Souldiers. This was all the Evidence given by the King's Counsel; To which, Sir Henry Vane was required to make his Defence; and to go through with his Case all at once, and not to reply again upon the King's Counsel, who resolved to have the last word to the Jury.


Cook in his Pleas of the Crown, fol. 6. saith, King is to be under­stood of a King regnant and in actual possession of the Crown, and not of a King when he is onely Rex de jure, and out of possession. Now an interregnum is confessed by the Indictment. All ensigns of Authority and badges of Government, were visibly in another name and stile; the King's best friends suing, and being sued, in another name.

The Court told him, He should first make his Case out in point of Suit, and it would be then seasonable to stand upon matter of Law; for (said they) it is a good Rule, in facto jus Oritur, and enjoyn'd him to call his Witnesses, if he had any.

[Page 31] To which Sir Henry Vane desired Process of Court, to summon them; and a further time, to answer the Charge. But it was told him, The Jury were to be kept without meat, drink, fire or candle, till their Verdict was delivered in; and therefore that could not be granted.

He then cited the 4th part of Cook's Institutes, concerning the Privi­ledge of Parliament, and that many of these things, being transacted there—

The Court here interrupted him, and said; If the things charged, were done; justifie them: if not, excuse them. So he went to give answer to the Fact.

And as to the first Warrant, Jan. 30. 1648; He said, that his hand had been oftentimes counterseited, and amongst other occasions, for two great sums, to the value of ten thousand pounds; and that he had great reason to believe, that this Warrant was forged, and produced two Witnesses to prove it.

Then said Windham, Justice; It may be your hand may have been forged for receiving of Money, but it is not to be conjectured that it should be forged to set Ships to Sea; and directed to the Jury to con­sider of the circumstances.

Sir H. Vane. Neither of the Witnesses ever saw me set my hand to either of these Warrants or Orders, nor doth one Witness prove that he ever saw me sit in the Council of State: He further said, That he absented from the House from Decemb. 3. 1648, till Febr. 7. That he [...] [...]osen a Member of the Council of State without his consent and knowledge; and being demanded to take an Oath of Approba­tion of what had been done to the late King, he refused, and caused it to be expunged. That these Actings in Council, (if any were) were by Authority of Parliament, of a Parliament constituted in an extra­ordinary manner, made indissolvable but by Act of Parliament. He insisted much on the Preamble of that Act, so as that Parliament be­ing co-ordinate with the King, (for the Government was in the King and the two Houses) what-ever he acted by Them or their Authori­ty, cannot be Treason within the Statute of 25 Ed. 3.

He cited an Ordinance of Parliament in 1642, and said, That he hoped these things had been laid asleep by the Act of Oblivion, and if they should now rise in Judgment against him, he feared they would shake that Security which the People promised themselves under that Act. But if he should be now called in question for those things which were transacted in that Parliament, of which he was a Member, he shal have the comfort and peace of those Actions to support him in his [Page 32] greatest sufferings. He added, That if he were excepted, then must he be judged for the crime of the whole Nation, and that crime must be ravelled into through him. That the Case is such, as never yet fell out, to wit, that the Government being entrusted to three Estates, they should so fall out among themselves, as the People cannot tell which to obey; That where these great Changes fall out, it is not possible for any man to proceed according to all formalities of Law. That there was a Political Power by this Act of 17. Caroli co-ordinate with the King; and where these Powers are not in conjunction, but enmity to each other, no Court inferiour to the Parliament, by whose Authority these things were acted, ought to be Judges of this Case, which cer­tainly never happened before.

He farther saith, he was not the first mover in these actions, and that he should be called in question for these matters, by a King that was out of possession at the time when these things were acted, would be inconvenient, to say no more; That when the three Estates were dis­joyned, he thought it the best policy, to preserve the Government in its root, to wit, the Commons: by whom it was preserved and at last re­stored to its former course. That as to the Regiment that passed under his name, he disown'd it. That Reports of Messages are not the fault of the Reporter, for his judgment does not always go along with them, but he is bound to deliver his Message. That he alwayes loved the Government, as it is set forth in our ancient Law-Books; and that that Parliament (so much decried) at last restored affairs to the [...]sture in which they now are.

As to the Warrants signed by him, he said, they appear to be signed in the Name and by Order of the Council, and his hand that sub­scribes, is not so much active as passive, to the Commands of the Coun­cil. If the Council, who commanded the signing, were unwarrantable, The Parliament who appointed the Council, must be much more un­warrantable.

And here he offered these points to be considered, and pray'd ear­nestly to have Counsel assigned him, to speak to them.

1. Whether the collective body of the Parliament can be impeached of High Treason.

2. Whether any person acting by Authority of Parliament, can (so long as he acteth by that Authority) commit Treason?

3. Whether matters acted by that Authority, can be called in que­stion in an inferiour Court?

4. Whether a King de jure, and out of possession, can have Treason [Page 33] committed against him, he not being King de facto, and in actual pos­session? and pray'd it might be argued by Counsel.

5. Whether matters done in Southwark, in another County, may be given in evidence to a Middlesex Jury?

As to the last Exception, the Court said,

That he was indicted for compassing and imagining the King's Death in Middlesex, and any overt act, to prove this Imagination, may be given in evidence wheresoever it be acted. To which Sir Hen. Vane prayed the benefit of a Bill of Exception, upon the Statute of Westminster 2. cap. 31. and prayed that the Justices might seal it, which they all refused, and held, it lay not in any case of the Crown.

The King's Counsel desired he might call his Witnesses, (if any he had) for if they once came to reply to him, he must then be silent, and consented, that (if it would aid him) they would allow his Actings to be in the Name and by the Authority of the Council of State, and the Actings of the Council of State to be by Authority of what he cal­led a Parliament.

Sir Hen. Vane replyed; Then what I acted in the Council of State, and Committee of Safety, constituted by the Parliament to endure for eight dayes, you will allow me. Then you must prove that I ever acted in the other Council of State, after the Parliament was turned out.

Then the King's Counsel produced a Warrant, dated Novemb. 3. 1659, which was sent in pursuance of an Order of the Committee of Safety, by Sir Hen. Vane, as Treasurer of the Navie. This Warrant was, for the sending of divers Arms Northwards, after Mr. Lambert, who was gone down to oppose the now Duke of Albemarle.

Sir Hen. Vane produced Will, Angel, Brisco, Middleton, &c. Of­ficers of that Regiment which went under his name, who having re­course unto him for Orders, about Octob. 1659, he bad them desist, and declared his dis-satisfaction in their proceedings; and this, after their several importunities to have Orders from him. And thus he closed his Defence.

FYNCH, Sollicitor.

As to pretence of the power of Parliament, It is to be known, that it was not the eighth part of the House of Commons, such as were let in to do all that hath been complained, and the acting under Autho­rity of such an End of a Parliament, under such a Violation, was no Excuse, but an Aggravation; but that the Parliament was in Law, [Page 34] ended, by the death of the late King, notwithstanding that Act of 17. Caroli primi, appears thus;

First, The King's Writ for a Parliament is ad tractandum nobis­cum; which is intended as well of the natural capacity of the King, as of his politick.

Secondly, 'Tis absurd to say, that the Acts of Parliament of King Charles the first, should be his Acts, in the time of King Charles the second.

Thirdly, A Commission of Sewers, enacted to be on foot for ten years, expires by the death of the King, and the authority of the Commissioners is at an end.

Fourthly, It is not possible for one King to impose a Parliament up­on a successor. So much for his acting by colour of authority of Par­liament.

And as to the Question, Whether an House of Parliament can commit Treason? If they depart from that Allegiance which they have sworn, at their first meeting, they are impeachable for it.

As to a Co-ordination in the Parliament, he denied it.

As to the Question, Whether the King being out of actual possession, can have Treason committed against him? he affirmed it: And said, otherwise, if Rebellion should be so prosperous, as to depose or oppress the King in Battel, the Offenders are not to be called in question, be­cause they prevailed. He said, it was the Plea of Watson the Jesuite, who, being Indicted for compassing the death of King James, in Scot­land, after he was declared King of England, and before his actual entring into this Realm, made this Defence; That the King was never in possession of the Crown.

Windam Justice. As to the Act of 17. Caroli, and the Preamble of that Act, so much insisted upon by the Prisoner. 1. He held that the Parliament had not greater Authority by it, but were onely made more durable than other Parliaments have been; but he held, that the Parliament was absolutely dissolved by the death of the King; and put this case: If it should be enacted that such a Marriage should continue, till it was dissolved by Act of Parliament, If one dies, it is a determination of it in Fact, so as no man can say, but it is absolutely dissolved. 2. It must continue in the degree and dignity of a Parlia­ment. If the House be under a force, and some kept out, some let in, to serve a Turn, what-ever they act is a Nullity in Law. For Free­dom is the principal essence and honour of a Parliament; yet though the House be under a Force, the House is not dissolved by such Force, [Page 35] but the proceedings are to be suspended, till it require its former Li­berty; and this as well by the Common Law, as by the Civil and Canon Laws of all other Countries. 3. The Parliament is the King's great Council, The Peers are Consiliarii nati; If they be forc'd away, or laid aside, as here they were, all the rest is but Magni Nominis Umbra.

Twisden held the same opinion, That it is not the sitting of a few Members within those Walls, that will continue it a Parliament.

And though another Parliament, a great many years after the Kings death, declared it to be at an end, yet that Act was but Declaration, it was at an end before.

Whether a Parliament may commit Treason, is not the Question▪ but, Whether a few of the House, shutting out their Fellows, and usurping the Government, were not Traitors?

Foster held the same opinion, and said, The distinction between the Politick and Natural capacity of the King, was the Treason of the two Spencers; That Priviledge of the Parliament is no shelter for breach of the Peace, much less for Treason.

Twisden added, That to compass the Death of the King as a na­tural person, was Treason; to compass his Death in his Politick ca­pacity, as to depose him, was Treason, and both provided for by the Act of 25. Ed. 3. That in the same instant the late King expired, in the very same his now Majesty was King de facto, and affirmed the cases of Watson and Cleark 1. Jac. If an Army be raised against the King, and the King is slain in the battel, This Treason is questionable by the Successor, as Stonies Case is in Dyer.

Thus ended the questions of Law, proposed.

The Sollicitor spake after to the Jury, concerning the Fact, which after, they withdrew to consider, and being withdrawn about half an hour, returned with their Verdict, which being delivered by the Fore­man in the name of his fellows, with their consent, found the Prisoner guilty of High Treason from Januar. 30. 1648.

They not only found him guilty according to the Indictment, which was laid for what the Prisoner did, 1659; but for a long series of High Treason (as they reckon) from Jan. 30. 1648. By which it may appear, they were a well-prepared Jury for their work. The Judges oft, if not alwayes, pretend, that the Jury is to pass Verdict only as to matter of Fact, according to the Evidence given by the Witnes­ses thereof. But a general Verdict evidently involves both, that he is guilty of such fact, and that the fact is Treason, as they in this Verdict [Page 36] openly undertake to determine, taking in the full sence of the Indict­ment, and much more. Unless a Jury distinguish themselves out of this usually imposed snare, by giving a special Verdict concerning the Fact only, they undeniably have a share with their Tutors and Instructors in the shedding of innocent blood, in case matter of Law be wrong­fully stated.

For a Jury to resolve a Case of Law, that so eminent a Subjects life was concern'd in, and that in less than half an hour, which never yet came before any Bench of Judicature in England, may seem a very strange and bold adventure.

But Reader, How far this falls short of a full Account of all that was spoken by the Prisoner (though much interrupted by the King's Bench and Counsel) in those ten hours, which on this day of his Tryal he stood at the Bar, (pleading and answering for his Life, and the Cause he had with many thousands been engaged in) I leave to thee to imagine, till a fuller and compleater Account thereof can be ob­tained, than is yet come to hand.

This was remarkable; That never being indulg'd the liberty of any repose to his body, all that while, (which indeed, he asked not) nor receiving any creature-refreshings, though sent him, for his support; yea, and though after all his most rational Plea, in his Defence, the Jury gave their Verdict against his Life, he came chearfully and plea­santly from the Bar, as thought worthy to suffer for the Name of Christ; and was so raised and full of rejoycing that evening, at the place of his confinement in the Tower, that he was a wonder to any that were about him. This spiritual rejoycing in Christ Jesus, and his heavenly raisedness of spirit, increased more and more, to the very mo­ment of his death; insomuch, that meer strangers to his person, yea, very foreigners, wondred at his triumphant dissolution.

The true Copy of the Prisoner's own Papers, containing the sub­stance of what he pleaded on the said day of his Tryal, June 6.
Memorandums as to my main Defence, in relation to matter of Fact, and as a Narrative thereof.

THat without any seeking of mine, I was chosen by Writ under the Great Seal, to serve as Burgess for the Town of Kingston upon Hull, in the Parliament that sate down on the third of Novemb. 1640. [Page 37] and having in pursuance thereof, taken my seat in the said Parliament, I was obliged by Law, to give my attendance upon the said Trust, as well as upon grounds of Duty and Conscience.

The said Parliament was not onely called and assembled after the usual manner, and had the Power and Priviledges incident to that high Court, but was by express Statute and Consent of the three Estates, so constituted, as to its Continuance, Adjournment, Prorogation and Dissolution, that in none of these particulars they were subject to al­teration, but by their own common Assent, declared by Act of Par­liament, to be passed by themselves for that purpose, with the Royal Assent.

In the Preamble to the Act for continuance of the said Parliament, these words are contained: Whereas great sums of Money must of necessity be speedily advanced and provided, for the relief of his Ma­jesties Army and People in the Northern parts of this Realm, and for preventing the imminent danger this Kingdom is in, and for supply of his Majesties present and urgent occasions, which cannot be so timely effected as is requisit, without Credit for raising the said Mo­neys; which Credit cannot be obtained until such obstacles be first re­moved, as are occasioned by fears, jealousies and apprehensions of di­vers his Majesties loyal Subjects, That this present Parliament may be Adjourned, Prorogued or Dissolved, before Justice shall be duely executed upon Delinquents, Publick Grievances redressed, a firm Peace between the two Nations of England and Scotland concluded, and before sufficient Provision be made for the repayment of the said Moneys so to be raised, &c. By all which, the very work that was between the three Estates agreed to be done for the Good and Safety of the Kingdom, was in sundry particulars declared and expressed; and not only so, but as is acknowledged by the late King himself in his Answer to the nineteen Propositions; The Power which thereby was legally placed in both Houses, was more than sufficient to prevent and restrain Tyranny.

So that, by what hath been shewed, the Law it self is with me, and for me, enjoyning my continued attendance on the Trust which by this means was committed to me, and authorized me in particular to effect the things contained in the said Preamble; and to act in all matters belonging to the high Court of Parliament, for the Good and Safety of the Kingdom in time of imminent danger, I had been liable to great punishment by the Law, for dis-attendance and deserting my station therein, till lawfully or by force dismissed there-from: and this, [Page 38] whatever occasions others might have, by a voluntary or forc'd de­parture from attendance upon that Trust.

The actions therefore done by me in this capacity, and according to the Law, Priviledges, Customs and Power of Parliament, and that, such a one as was thus extraordinarily constituted, neither are nor can be brought within the Statute of 25. Ed. 3. cap. 2. nor are to be questioned, tried, much less judged and sentenc'd in any inferior Court. Nay, so far is it from this, that by a Declaration and Resolution of Parliament, Aug. 13. 1642, it is adjudged to be committing Trea­son in the highest degree, to bring both or either Houses of Parliament under that or such like Imputations.

Nor, till of late, have I ever heard but that those who took the Judgment of Parliament for their rule and guide, (however tortuous or erroneous it might afterwards be accounted in succeeding times) and they that acted by and under the countenance of their declared Judgments, Orders or Ordinances, (ever acknowledged binding du­ring the sitting of the Parliament) were safe and indempnified from all punishment. And for Government-sake it self, it is requisit it should be so; because none are Judges of the Power and Priviledges of Par­liament, but themselves. For admit once, that their Judgment may be called in question, and disputed by private persons, or by inferiour Courts, (whose Votes are included in theirs) the Fundamentals of Government are plucked up by the roots. Par in pares non habet Imperium, multó minus in eos qui majus Imperium habent; An Equal has no command over his Equal, much less over those that have a greater command or authority.

His late Majesty, in his Answer to the nineteen Propositions, does very briefly and exactly state the nature and kind of Government, that is exercised in this Kingdom, saying, The Laws in this Kingdom are made by a King, a House of Peers, and a House of Commons, chosen by the People, all having free Votes, and particular Priviledges. These three Estates, making one incorporate body, are they, in whom the So­veraignty and Supream Power is placed, as to the making and re­pealing of Laws. And the Government, according to these Laws, is trusted to the King, who in the Interval of Parliaments, is sole in the exercise of Government, which (the Parliament sitting) he is to exercise in conjunction with the two Houses.

And his said Majesty asserting three sorts of Government, Absolute Monarchy, Aristocracy, and Democracy, does most rightly distinguish the Monarchy of England from all those three, and commends the [Page 39] Constitution of this Kingdom, as it is a mixture of all three, having the conveniencies of them all, without the inconveniencies of any one, as long as the ballance hangs even between the three Estates, that they run joyntly on in their proper channels, and that the overflowing of either on either side, raise no deluge nor inundation.

By the passing of the foresaid Act, for the continuance of the fore­mentioned Parliament, the Intervals of Parliament were no longer, as before, at the will and pleasure of the King, but the Power to continue the said Parliament, without Adjournment, Prorogation, or Dis­solution, resided in the two Houses with the King, joyntly, and in none of them severally; so that in effect, the Government of the Kingdom, during the continuance of that Parliament, was in conjunction of the three Estates, and in their common consents and agreements among themselves, given in Parliament, the assembling and meeting whereof was appointed and fixed to a place certain, by Law.

By reason hereof, it is not the attendance of any of the Members in Parliament (for discharge of the Trust reposed in them, confirm'd and enlarged by the said Act) that is faulty or censurable by the Law, but those that unwarrantably depart and desert that their Trust and station, are to be blamed; 6. Hen. 8. 16.

The King in conjunction with the Parliament, is maxime Rex, and is supported in the Throne and exercise of his Regal Power, by the joynt concurrence of both Houses. And because (as his late Ma­jesty well observed) the happiness and good of the Constitution of this Government, lies in keeping the ballance even between the three Estates, containing themselves within the bounds of their proper channels, there­fore in attempts of either to overflow those bounds, (they being co­ordinate) the Office of a Parliament is by the very fundamental consti­tution of the Government, to keep this ballance well poised. And to that end (as was before mentioned) his Majesties own words are in his said Answer to the nineteen Propositions; That there was legally placed in both Houses, a Power more than sufficient to prevent and restrain the Power of Tyranny. If so, then are they the legal Judges, when there is danger of Tyranny; and have legal power to require their Judgment and Resolves to be obeyed, not only when Arms are actually raised against them, but when they discern and accordingly declare a preparation towards it: else, they may find it too late to pre­vent the power of Tyranny. There is no greater attempt of Tyranny, than to arm against the Parliament; and there is no visible way for the restraining such Tyranny, but by raising Arms in their own and the [Page 40] Kingdoms defence. Less than this is not sufficient, and therefore far from more than sufficient, for the punishment of Delinquents and re­straint of Tyranny.

Unto the King in conjunction with his two Houses, according as is provided by the Law, in this capacity of his as maxime Rex, was the duty of Allegiance to be yeelded by his Subjects, during the indis­solved state of that Parliament. For they were the King's great Coun­cil, and supream Court, exercising the known Power and Priviledges, that time out of mind have appertained to them, and been put forth by them, as the Exigents of the Kingdom have required, when differences have happened about the very title of the Crown, in declaring the duty of the Subject, by yeelding their Allegiance to Kings de facto, when Kings de jure have been kept out of possession. This our Chro­nicles, and the Histories of former times, do plentifully inform.

The causes that did happen, to move his late Majesty to depart from his Parliament, and continue for many years, not only at a distance and in a disjunction from them, but at last, in a declared posture of Enmity and War against them, are so well known and fully stated in print (not to say, written in characters of blood) on both parts, that I shall only mention it, and refer to it.

This matter was not done in a corner. The Appeals were solemn, and the decision by the Sword, was given by that God, who being the Judge of the whole World, does Right, and cannot do other­wise.

By occasion of these unhappy differences, thus happening most great and unusual Changes and Revolutions, like an irresistible Torrent, did break in upon us, not only to the disjoynting that Parliamentary Assem­bly among themselves, (the head from the members, the co-ordinates from each other, and the houses within themselves) but to the creating such formed divisions among the people, and to the producing such a general state of Confusion and Disorder, that hardly any were able to know their duty, and with certainly to discern who were to command and who to obey. All things seemed to be reduced, and in a manner resolved into their first elements and principles.

Nevertheless, as dark as such a state might be, the Law of England leaves not the Subjects thereof (as I humbly conceive) without some glimpses of direction what to do, in the cleaving to, and pursuing of which, I hope I shall not be accounted nor judged an offender; or if I am, I shall have the comfort and peace of my Actions to support me in and under my greatest sufferings.

[Page 41] The Resolutions of all the Judges in Calvin's Case, entituled, Post­nati, in the 7th Book of Cook's Reports, and the learned Arguments thereupon, afforded me instruction even in this matter. It may be 'tis truly thence affirmed, that Allegiance is due only to the King, and how due, is also shewed.

The King is acknowledged to have two capacities in him; one a natural, as he is descended of the Blood Royal of the Realm; and the Body natural he hath in this capacity, is of the creation of Almighty God and mortal: The other is a politick capacity, in respect of which he is a Body politick or mystical, framed by the policy of man, which is immortal and invisible. To the King, in both these capacities con­joyn'd, Allegiance is due; that is to say, to the natural person of the King, accompanied with his politick capacity, or the politick appro­priated to the natural.

The politick capacity of the King hath properly no body nor soul: for it is framed by the policy of man.

In all Indictments of Treason, when any one does intend the death and destruction of the King, it must needs be understood of his natural body, the other being immortal. The Indictment therefore concludes contra Legiantiae suae debitum, against the duty of his Allegiance, so that Allegiance is due to the natural body.

Admitting then that thus by Law, Allegiance is due to the King (as before recited) yet it is alwayes to be presumed, that it is to the King in conjunction with the Parliament, the Law, and the Kingdom, and not in disjunction from, or opposition to them; and that, while a Par­liament is in being and cannot be dissolved, but by the Consent of the three Estates.

This is therefore that, which makes the matter in question, a new Case, that never before happened in the Kingdom, nor was possible to happen, unless there had been a Parliament constituted, as this was, un­subjected to Adjournment, Prorogation or Dissolution, by the King's will. Where such a power is granted, and the co-ordinates thereupon disagree and fall out, such effects and consequents as these that have happened, will but too probably follow. And, if either the Law of Nature, or England, inform not in such case, it will be impossible for the Subjects to know their duty, when that Power and Command which ought to flow from three in conjunction, comes to be exercised by all or either of them, singly and apart, or by two of them against one.

When new and never-heard-of Changes do fall out in the Kingdom, it is not like that the known and written Laws of the Land should be [Page 42] the exact Rule, but the Grounds and Rules of Justice, contained and declared in the Law of Nature, are and ought to be a Sanctuary in such cases, even by the very Common Law of England: For, thence originally spring the unerring Rules, that are set by the Divine and Eternal Law, for Rule and Subjection in all States and Kingdoms.

In contemplation hereof, as the Resolve of all the Judges, it was agreed,

1. That Allegiance is due to Soveraignty by the Law of Nature, to wit, that Law which God at the creation of Man, infused into his heart, for his preservation and direction, the Law eternal. Yet, is it not this Law, as it is in the heart of every individual man, that is bind­ing over many, or legislative, but as it is the Act of a Community, or an Associated People, by the right dictates and perswasions of the work of this Law in their hearts. This appears in the Case of the Israelites, Judg. 20, & 21 chapters, cited in the 4th part of Cook's In­stitutes, where mention is made of a Parliament without a King, that made War, and that with their Brethren. They met as one man to do it, in vindication of that Justice unto which they were obliged even by the Law of Nature. This is that which Chancellor Fortescue calls Political Power, here in England; by which, as by the Ordinance of man, in pursuance of the Ordinance of God, the Regal Office consti­tuted, or the King's Politick Capacity, and becomes appropriated to his natural person.

Thus Politick Power is the immediate Efflux and Off-spring of the Law of Nature, and may be called a part of it. To this, Hooker in his Ecclesiastical Polity agrees, and Selden on that subject.

The Law of Nature thus considered, is part of the Law of England, as is evident by all the best received Law-Books, Bracton, Fleta, Lam­bard upon the Saxon Laws, and Fortescue in the praise of the Laws of England. This is the Law that is before any judicial or municipal Law, as the root and fountain whence these and all Government un­der God and his Law do flow.

This Politick Power, as it is exercised in conjunction with, and con­formity to the Eternal Law, partakes of its moral and immutable na­ture, and cannot be changed by Act of Parliament. Of this Law it is that Magna Charta and the Charter of Forest, with other Statutes, re­hearsed in the Petition of Right, are for the most part declaratory. For they are not introductive of any new Law, but confirmations of what was good in all Laws of England, before. This agrees with that Maxime, Salus Populi suprema Lex; that being made due and binding [Page 43] by this Law, which in the Judgment of the Community, declaring their mind by their own free chosen Delegates and Trustees, in har­mony with the Eternal Law, appears profitable and necessary for the preservation and good of the whole Society.

This is the Law, which is put forth by the common consent of the whole Realm, in their Representative; and (according to the funda­mental Constitutions of this Kingdom) is that, with which the Kings of this Land, by the joynt co-operation of the three Estates, do make and repeal Laws.

But through the disorders and divisions of the times, these two Po­wers, the Regal and Political, (which, according to the Law of Eng­land, make up but one and the same supream Authority) fell assunder, and found themselves in disjunction from, and opposition to one ano­ther. I do not say, The question is now, which of these is most rightly, (according to the principles of the Law of Nature and the Law of England) to be adhered unto and obeyed, but unto whether Po­wer adherence is a crime, in such an Exigent of State? Which, since it is such a new and extraordinary Case, evidently above the Track of the ordinary Rules, contained in the positive and municipal Laws of England, there can be no colour to bring it within the Statute of 25. Ed. 3. cap. 2. forasmuch as all Statutes presuppose these two Powers, Regal and Political, in conjunction, perfect unity and subserviency, which this Case does not, cannot admit. So exceeding new and ex­traordinary a Case is it, that it may be doubted whether, and questi­oned how far, any other Parliament, but that Parliament it self that was privy to all its own Actings and Intentions, can be an indifferent and competent Judge. But however, the point is of so abstruse and high consideration, as no inferiour Court can, or ought to judge of it, as by Law-Books is most undeniable; to wit, Bracton and others.

This then being the true state of the Case, and the spring of that Contest that ensued, and received its decision by the late War; The next Consideration is, how far I have had my share and part therein, that by the Laws is not warrantable, or by what appears in way of proof, to the Jury.

For the first, I shall crave leave to give you this account of my self, who have best known my own mind and intentions throughout, and would not now, to save my life, renounce the principles of that Righte­ous Cause, which my conscience tells me, was my duty to be faithful unto.

I do therefore humbly affirm, That in the afore-mentioned great [Page 44] Changes and Revolutions, from first to last, I was never a first mover, but alwayes a follower, chusing rather to adhere to things than per­sons; and (where Authority was dark or dubious) to do things justi­fiable by the Light and Law of Nature, as that Law is acknowledged part of the Law of the Land; things, that are in se bona, and such, as according to the grounds and principles of the Common Law, as well as the Statutes of this Land, would warrant and indempnifie me, in doing them. For I have observed by Precedents of former times, when there have arisen disputes about Titles to the Crown, between Kings de facto and Kings de jure, the People of this Realm wanted not directions for their safety, and how to behave themselves within the duty and limits of Allegiance to the King and Kingdom, in such difficult and dangerous seasons.

My Lord Cook is very clear in this point, in his Chap. of Treason, fol. 7. And if it were otherwise, it were the hardest case that could be, for the people of England: For then they would be certainly exposed to punishment, from those that are in possession of the supream power, as Traitors, if they do any thing against them, or do not obey them; and they would be punishable as Traitors, by him that hath right, and is King de jure, in case they do obey the Kings de facto, and so all the people of England are necessarily involved in Treasons, either against the Powers de facto, or de jure, and may by the same reason be questioned for it, as well as the Prisoner, if the Act of Indempnity and the King's Pardon did not free them from it. The security then and safety of all the People of England, is by this means, made to de­pend upon a Pardon, (which might have been granted or denied) and not upon the sure foundations of Common Law; an opinion sure, which (duly weighed and considered) is very strange, to say no more.

For I would gladly know that person in England of estate and for­tune, and of age, that hath not counselled, aided or abetted, either by his person or estate, and submitted to the Laws and Government of the Powers that then were; and if so, then by your Judgments upon me, you condemn (in effigies, and by necessary consequence) the whole Kingdom.

And if that be the Law, and be now known to be so, it is worth consideration, whether, if it had been generally known and understood before, it might not have hindred his Majesties Restoration.

Besides, although, until this Judgement be passed upon me, the people have apprehended themselves, as free from question, and out of danger, by reason of the Act of Indempnity and General Pardon; yet [Page 45] when it shall appear to them, that such their safety is not grounded on the Common Law, nor upon the Law of Nature, but that against both these in their actions, they are found faulty, and tainted with a moral guilt, and that as principals; also, (since in Treason there are no Accessories) what terrifying Reflexions must this needs stir up in the mind of every man, that will be apt to believe his Turn will come next, at least once in two years, as hath befallen me in my p [...]rson, who (however I have been misjudged and misunderstood) can truly affirm, that in the whole series of my Actions, that which I have had in my eye, hath been to preserve the ancient, well-constituted Government of England on its own basis and primitive righteous foun­dations, most learnedly stated by Fortescue in his Book, made in praise of the English Laws. And I did account it the most likely means for the effecting of this, to preserve it, at least in its root, whatever changes and alterations it might be exposed unto in its branches, through the blustrous and stormy times that have passed over us.

This is no new doctrine, in a Kingdom acquainted with Political Power, as Fortescue shews ours is, describing it to be in effect, the Common Assent of the Realm, the Will of the People or whole Bo­dy of the Kingdom, represented in Parliament. Nay, though this Re­presentation (as hath fallen out) be restrained for a season, to the Com­mons House, in their single actings, into which (as we have seen) when by the inordinate fire of the times, two of the three Estates have for a season been melted down, they did but retire into their Root, and were not hereby in their Right, destroyed, but rather preserved, though as to their exercise, laid for a while asleep, till the season came of their Revival and Restoration.

And whatever were the intents and designs of others, (who are to give an account of their own actions) It is sufficient for me, that at a time critical and decisive, (though to my own hazard and ill usage) I did declare my Refusal of the Oath of Abjuration, which was intended to be taken by all the Members of Parliament, in reference to Kingly Government, and the Line of his now Majesty in particular. This I not only positively refused to take, but was an occasion of the second thoughts which the Parliament reassumed thereof, till in a manner, they came wholly at last to decline it; a proof undeniable of the re­moteness of any intentions or designs of mine, as to the endeavouring any alteration or change in the Government, and was that which gave such jealousie to many in the House, that they were willing to take the first occasion to shew their dislike of me, and to discharge me from sit­ting among them.

[Page 46] But to return to what I have before affirmed, as to my being no lea­ding or first Actor in any Change, it is very apparent by my deport­ment at the time when that great Violation of Priviledges happened to the Parliament, so as by force of Arms several Members thereof were debarred coming into the House and keeping their seats there. This made me forbear to come to the Parliament for the space of ten weeks, (to wit, from the third of Decemb. 1648, till towards the middle of February following) or to meddle in any publick transactions. And during that time, the matter most obvious to exception, in way of al­teration of the Government, did happen. I can therefore truly say, that as I had neither consent nor vote, at first, in the Resolutions of the Houses, concerning the Non-Addresses to his late Majesty, so neither had I, in the least, any consent in, or approbation to, his Death. But on the contrary, when required by the Parliament, to take an Oath, to give my approbation ex post facto to what was done, I utterly refused, and would not accept of sitting in the Council of State upon those terms, but occasioned a new Oath to be drawn, wherein that was omitted. Hereupon, many of the Council of State sate, that would not take the other.

In like manner, The Resolutions and Votes for changing the Go­vernment into a Commonwealth or Free-State were passed, some weeks before my return to Parliament. Yet afterwards (so far as I judged the same consonant to the principles and grounds, declared in the Laws of England, for upholding that Political Power, which hath given the rise and introduction in this Nation, to Monarchy it self, by the account of antient Writers) I conceived it my duty, as the state of things did then appear to me, (notwithstanding the said Alteration made) to keep my station in Parliament, and to perform my Allegiance therein, to King and Kingdom, under the Powers then regnant, (up­on my principles before declared) yeelding obedience to their Autho­rity and Commands. And having received Trust, in reference to the safety and preservation of the Kingdom, in those times of imminent danger, (both within and without) I did conscientiously hold my self obliged, to be true and faithful therein. This I did upon a publick account, not daring to quit my station in Parliament, by vertue of my first Writ. Nor was it for any private or gainful ends, to profit my self or enrich my Relations. This may appear as well by the great Debt I have contracted, as by the destitute condition my many Children are in, as to any provision made for them. And I do publickly challenge all persons whatsoever, that can give information of any Bribes or co­vert [Page 47] wayes, used by me, during the whole time of my publick acting. Therefore I hope it will be evident to the Consciences of the Jury, that what I have done, hath been upon principles of Integrity, Honour, Justice, Reason and Conscience, and not as is suggested in the Indict­ment, by instigation of the Devil, or want of the fear of God.

A second great Change that happened upon the Constitution of the Parliament, and in them, of the very Kingdom it self and the Laws thereof (to the plucking up the Liberties of it by the very roots, and the introducing of an Arbitrary Regal Power, under the name of Pro­tector, by force, and the Law of the Sword) was the Usurpation of Cromwel, which I opposed from the beginning to the end, to that de­gree of suffering, and with that constancy, that well near had cost me not only the loss of my Estate, but of my very Life, if he might have had his will, which a higher than he hindred. Yet I did remain a Prisoner, under great hardship, four months, in an Island, by his Orders.

Hereby, That which I have asserted, is most undeniably evident, as to the true grounds and ends of my actions all along, that were against Usurpation on the one hand, or such extraordinary Actings on the other, as I doubted the Laws might not warrant or indempnifie, unless I were inforced thereunto, by an over-ruling and inevitable necessity.

The third considerable Change, was the total disappointing and re­moving of the said Usurpation, and the returning again of the Mem­bers of Parliament to the exercise of their primitive and original Trust, for the good and safety of the Kingdom, so far as the state of the times would then permit them, being so much as they were, under the po­wer of an Army, that for so long a time had influenced the Govern­ment. Towards the recovery therefore of things again into their own channel, and upon the legal Root of the Peoples Liberties, to wit, their Common Consent in Parliament, given by their own Deputies and Trustees, I held it my duty to be again acting in publick Affairs, in the capacity of a Member of the said Parliament, then re-entred upon the actual Exercise of their former Power, or at least strugling for it. In this season I had the opportunity of declaring my true intentions, as to the Government, upon occasion of refusing the Oath of Abjuration be­fore mentioned.

And whereas I am charged with keeping out his Majesty that now is, from exercising his Regal Power or Royal Authority in this his Kingdom; through the ill-will born me by that part of the Parliament then sitting, I was discharg'd from being a Member thereof, about [Page 48] Jan. 9. 1659, and by many of them was charged, or at least strongly suspected to be a Royalist: Yea, I was not only discharged from my attendance in Parliament, but confined as a prisoner at mine own house, some time before there was any visible power in the Nation that thought it seasonable to own the King's Interest. And I hope my sitting still, will not be imputed as a failer of duty, in the condition of a prisoner, and those circumstances I then was in. This I can say, that from the time I saw his Majesties Declarations from Breda, declaring his Inten­tions and Resolutions as to his Return to take upon him the actual Ex­ercise of his Regal Office in England, and to indempnifie all those that had been Actors in the late Differences and Wars, (as in the said De­claration doth appear) I resolved, not to avoid any publick question, (if called thereto) as relying on mine own Innocency and his Majesties declared Favour, as beforesaid. And for the future I determined to de­mean my self with that inoffensiveness and agreeableness to my duty, as to give no just matter of new provocation to his Majesty in his Go­vernment. All this on my part, hath been punctually observed, what­ever my sufferings have been. Nor am I willing, in the least, to har­bour any discouraging thoughts in my mind, as to his Majesties Gene­rosity and Favour towards me, who have been faithfull to the Trust I was engaged in, without any malicious intentions against his Majesty, his Crown or Dignity, as before hath been shewed. And I am de­sirous for the future, to walk peaceably and blamelesly.

Whatever therefore my personal sufferings have been, since his Ma­jesties Restoration, I rather impute them to the false reports and ca­lumnies of mine enemies and misjudgers of my actions, than reckon them as any thing that hath proceeded from his Majesties proper incli­nation, whose favour and clemency I have had just reason with all humility to acknowledge.

First, with regard to his Majesties Speech made the 27th of July, 1660, in the House of Peers, wherein his Majesty expresly declared it to be no intention of his, that a person under my circumstances should be excepted out of the Act of Indempnity, either for Life or Estate.

And, secondly, however it was the Parliaments pleasure (my self unheard, though then in the Tower, and ready to have been brought before them) to except me out of the common Indempnity, and subject me to question for my actions, yet they themselves, of their own accord (admitting the possibility that in such questioning of me, I might be at­tainted) made it their humble desire to his Majesty, that in such case, Execution, as to my Life, might be remitted. Unto this his Majesty [Page 49] readily gave his Grant and Assent. And I do firmly believe, if the Houses had pleased to give me the opportunity and leave of being heard, they would never have denied me the Indempnity granted to the rest of the Nation.

That which remains of further Charge yet to me, is the business of a Regiment, an imployment, which I can in truth affirm, mine own inclinations, nature and breeding little fitted me for, and which was intended onely as honorary and titular, with relation to Volunteers, who, by their application to the Council of State, in a time of great Commotions, did propound their own Officers, and (without any seeking of mine, or my considering any farther of it, than as the use of my Name) did (among others) nominate me for a Colonel, which the Council of State approved, granting Commissions to my self and all other Officers relating thereunto. And the Parliament confirmed my said Commission, upon report thereof made to them.

This will appear by several Witnesses I have to produce in this mat­ter, that will be able to affirm, how little I took upon me, or at all, to give any Orders, or make use of such my Commission, any other­wise than in name only.

'Tis true indeed, that at a certain time, when I was summoned to appear at the Committee of the Militia in Southwark, whereof I was a Member; That which was called my own Company of Foot (from the respect which they and their Officers pretended to me) were de­sirous to be in a posture, fit for me to see them, and as I passed by, I took the opportunity at their desire to shew my self to them, and only (as taking notice of their respect) in some few words, expressing the reason I had to receive it in good part, I told them I would no longer detain them from their other occasions. After I was gone from them, I appointed my Capt. Lieutenant to give them from me something to drink, as might be fitting on such an occasion, which, to my best re­membrance was five pounds, and he laid it out of his own money.

More than this (as I remember) was not done by me, so much as to the seeing any more, the Companies of that Regiment gathered to­gether, or giving Orders to them, which I publickly and avowedly declined, perswading the Officers to lay down their Charges, in mine own example, so soon as I discern'd the intentions of the sitting down of the Committee of Safety, and the exorbitant power committed to them to exercise, and the way of proceedings by the Army, in interest­ing themselves in the Civil Government of the Nation, which I utter­ly disliked.

[Page 50] And although I forbore not to keep my station, in reference to the Council of State while they sate, or as a Commissioner of the Admi­ralty, during the time by them appointed to act by Parliamentary Au­thority; and so, had occasion to be daily conversant with the Mem­bers of the Committee of Safety, (whereof my self, with others that would not accept, were named) yet I perfectly kept my self dis-inte­rested from all those Actings of the Army, as to any Consent or Ap­probation of mine, (however in many things by way of discourse, I did not decline converse with them) holding it my duty, to penetrate as far as I could into their true Intentions and Actions, but resolving within my self to hold true to my Parliamentary Trust, in all things wherein the Parliament appeared to me to act for the safety and good of the Kingdom, however I was mis-interpreted and judged by them, as one that rather favoured some of the Army and their power.

Upon the whole matter, There is not any precedent, that ever both or either of the Houses of Parliament did commit Treason. For though Priviledge of Parliament does not so hold in Treason, but that particular Members may be punished for it, yet it is unprecedented, That both or either Houses of Parliament, as a collective Body, ever did or could commit Treason.

All the Acts done in Parliaments, have been reversed indeed, and repealed, as what was done 11. Ric. 2. was repealed, 21. Ric. 2; and what was done 21. Ric. 2. was repealed 1 Hen. 4. 3; as ap­pears by the printed Statutes. Yet I do not find, that both or either House of Parliament were declared Traitors for what they did in those Parliaments; Or that any which acted under them, suffered for the same in any inferiour Courts. And surely, the reason is obvious: For they had a co-ordinacy in the Supream or Legislative Power, for the making, altering and repealing Laws. And if so, Par in parem non habet imperium; and by authorities out of Bracton, Fleta, and others, it may appear what Superiours the King himself hath, (who yet hath no Peer in his Kingdom, nisi Curium Baronum) God, Law, and Parliament.

And if either or both Houses cannot commit Treason. Then those that act by their Authority, cannot: For, plus peccat Author quam Actor, the Author offends more than the Actor. If those that com­mand, do not, not can commit Treason, how can those that act by their Authority, be guilty of it?

Further, I must crave leave to assert, by reason of what I see opened upon the Evidence; That what is done in Parliament, or by their [Page 51] Authority, ought not to be questioned in any other Court. For every offence committed in any Court, must be punished in the same, or in some higher, and not any inferiour Court. Now, the Court of Parlia­ment hath no superiour Court, as is said in Cook's Jurisdiction of Courts. And the reason there given, that Judges ought not to give any opinion in a matter of Parliament, is, because it is not to be decided by the Common Laws, but secundum Legem & Consuetudinem Par­liamenti. This, the Judges in divers Parliaments have confessed. And that reason is not to be waved, which the Lord Cook gives: That a man can make no defence; for what is said and acted there, is done in Council, and none ought to reveal the secrets of the House: Every Member hath a Judicial Voice, and can be no Witness.

The main substance of these Papers was read and enlarged upon by the Prisoner, this day of his Tryal. He was often interrupted, but his memory was still relieved by his Papers, so as after whatever diversi­ons caused by the Court or Counsel, he could recover himself again, and proceed. Yet the edge and force of his Plea, as to the influencing of the Jurors Consciences, may appear to have been much abated by such interruptions, as doubtless was intended, and will more at large appear, when it shall please God to afford us a full Narrative of the Proceedings of the King's Judges, Counsel and Jurors about him, and of all that he occasionally said, upon the digressions by them caused.

Wednesday June 11. being the Sentence-day.

AFter some little skirmishings with the Prisoner, to dash all the humane weapons of Law and Reason out of his hands, by force or noise, for half an hour or more they finally refused to hear his following Plea and Reasons for an Arrest of Judgment, or forbearing their sudden and rash proceeding to Sentence. They had promised him before Verdict, they would hear any thing in that kind he had to offer, as they had also before his pleading not guilty, promised him Counsel, which never was granted, neither. They drew him on, step by step, first, to plead, on his Arraignment-day, then to admit the Juries Verdict on his Tryal-day (so called, for he never owned it for a Legal Tryal to his last breath) and after that, out comes the Judge­ment or Sentence of Death against him, (pronounced by the Lord Chief Justice Forster) and that, of the worst complexion and most in­famous [Page 52] famous circumstances, to wit, that he should be hang'd, drawn and quartered, at Tyburn, the common Execution-place for Theeves and Robbers.

But in the Order for his Execution, (for reasons best known to them that made it) the manner of his death was altered, into a beheading only, on Tower-hill; to which place they carried him on a Sled, drawn with horses, a circumstance very singular, and never used for those that die there, and which he was kept ignorant of till the very time; one of the Sheriffs men having that morning, a little before, told him, there was to be no Sled, but that he was to walk on foot.

Some farther Remarques of this last dayes Proceedings of the Court with him, besides what is already mentioned, (received from one that was present, and did hear and see all, being what he could best remember) take as followeth.

After the customary formalities of the Court,

The Clerk demanded of Sir Henry Vane, what he had to say, why Sentence of Death should not be passed upon him?

Sir Henry Vane first alledged, that he had not yet heard the In­dictment read in Latine. The debate upon this, took up some time. At length some of the King's Counsel desired that the Prisoner might be satisfied in that point. Sir Henry desired that Counsel then might also be assigned him, to make Exceptions thereto, if they found cause, otherwise he valued not the hearing of it read in Latine: This was over-ruled by the Court; he soon therefore desisted from any further urging it.

The next thing Sir Henry offered in his own defence, was the Bill of Exceptions, which he brought with him ready drawn, and offered it to the Judges, desiring them according to the Statute of Westminst. 2. 31. made 13. Ed. 1. to sign it. This he urged so home, that the Statute was consulted and read in open Court, running in favour of the Prisoner, to this effect, That if any man find himself aggrieved by the proceedings against him before any Justices, let him write his Ex­ception, and desire the Justices to set their seals to it. ‘This Act was made (sayes Cook) that the party wronged might have a Founda­tion for a legal Process against the Justices, by a Writ of Error, ha­ving his Exception entred upon Record in the Court where the in­jury is done, which through the Justices over-ruling it, they could not before procure; so the party grieved was without remedy, for [Page 53] whose relief this Statute was made: The Justices refusing to set to their seals, the party grieved may have a Writ grounded on this Statute, commanding them to set their seals to his Exception. This Exception extends not only to all Pleas, dilatory and peremptory &c. but to all Challenges of any Jurors, and any material Evidence, given to any Jury, which by the Court is over-ruled:’ As in this Prisoners Case, the Testimony about falsifying of his hand to writings, &c. was, by what was offered to the Jury by Justice Windham.

Further, sayes Cook on this Statute, ‘If the Justice (or Justices) die, their Executors or Administrators may be proceeded against, for the injury done. And if the Judge (or Judges) deny to seal the Exception, the party wronged, may in the Writ of Error take Issue thereupon, if he can prove by Witnesses, the Judge or Judges denied to seal it.’

Notwithstanding all this, the Judges over-ruled this Plea also, by such interpretation as themselves put upon that Statute, to wit, that it was not allowable in Criminal Cases for Life. This makes the Law less careful for the preservation of a man's Life, than any particulars of his Estate, in controversies about which, this Statute is affirmed by them to hold; whereas Life is the greater, and innocent Blood when spilt is irreversible, as to the matter, it cannot be gathered up again; the Estate is the lesser, and if an erroneous Judgment pass about it, 'tis reversible upon Traverse, Writ of Error, or otherwise.

The Reason they alledged for their pretended Opinion, was this; That if it be held in Criminal Cases for Life, every Felon in Newgate might plead the same, and so there would be no Goal-delivery.

Sir Henry answered, his Case was not the Case of common Felons, alledging the Grant of his Majesty to the Petition of both Houses for his Life, in case he should be attainted; There is no need therefore sure (said he) of fearing the consequence of spinning out the time a little with a person in his circumstances. Besides (he said) he had been a Prisoner two years, and never call'd on to give any account of himself and his actions, (so is it not with Felons) which with other conside­rations, may sufficiently evince, that there is no need of such hasting his Death. He told them withal, that he desired not this, for his own sake only, but for theirs, and for posterity, that they might on a more leisurely and unprejudiced hearing of what may be said on all hands, prevent the bringing of innocent Blood upon themselves and the Land.

But being in this also over-ruled by the Court, (say what he could) He only desired, he might understand whether they would all give it [Page 54] as their Common Judgment they would stand to, That what he de­sired was not his due by the Law? By this means they were all put upon it, one by one, to declare themselves in that point, unanimously denying him the benefit of that Act. To the by-standers their chief Reason seemed to be, that it had not been practised this hundred or two of years.

The third thing Sir Henry desired, was, That the Petition of both Houses, with his Majesties Answer thereunto, might be read in the Court, which, after some dispute, was concluded to be a thing they were not bound to take notice of, not being an Act of Parliament. Yet what is any Act of Parliament, but a Bill presented with the Petition of both Houses to his Majesty, with his Royal Assent thereto, upon Publick Record? At length they condescended to reade it, and that was all.

The fourth and last thing Sir Henry offered to the consideration of of the Bench, was this; That in regard there were questions touching matter of Law, in his Case, which must receive their determination in Parliament, he desired he might have Counsel assigned him, to argue them before their Lordships. Some of these points he instanced in, to wit,

1. Whether a Parliament were accountable to any inferiour Court?

2. Whether the King, being out of possession, and the Power Re­gent in others—

Here they stopt him, not suffering him to proceed, nor admitting that the King was ever out of possession. To which Sir Henry replied, The words of his Indictment ran thus, that he endeavoured to keep out his Majesty; and how could he keep him out of the Realm, if he were not out?

But when he saw they would over-rule him in all, and were bent upon his Condemnation, he put up his Papers, appealing to the Righ­teous Judgment of God, who (he told them) must judge them as well as him, often expressing his satisfaction to die upon this Testimony; which Keeling, one of the King's Counsel, insultingly answered, So you may, Sir, in good time, by the grace of God. The same person had often before shewed a very snappish property towards the Prison­er; and Sir Henry sometimes answered him according to his folly: For when he would have had the Book out of the Prisoner's hand, wherein was the Statute of Westminster 2d. 31.

Sir Henry told him, he had a very officious Memory, and when he was of Counsel for him, he would find him Books. (Whereby was veri­fied [Page 55] what was said to be spoken by him, at first, in answer to one of his Brethren, on the Arraignment day, Though we know not what to say to him, we know what to do with him)

After Sentence given, Chief Justice Forster endeavoured to take off the King from any Obligation by that Grant to the Petition of both Houses, saying, That God, though full of mercy, yet intended his mercy only to the penitent.

Reasons for an Arrest of Judgment: writ by the Prisoner, but refused to be heard by the Court.

I. I Have been denied so much as to hear the Indictment read in La­tine, as it is the Original Record of the Court; yea, so much as a Copy of it in English hath been denied me, during the whole time of my Tryal, by the fight whereof I might be able to assign the defects of Law that may be in it.

Counsel also hath been denied, not only before I pleaded, but after; and all points by me offered in Law, to the Judges of the Court, have been over-ruled, without admitting me Counsel to argue the same, and better inform the Judgment of the Court. I have demanded, that I might put in a Bill of Exceptions, upon the Statute of Westminst. 2d. cap. 31. This likewise is denied me, over-ruled and judged, as out of that Statute. Neither will Counsel be allowed me in this, to shew cause, why it ought to be admitted as of Right. And as no Counsel was allowed, so neither were the Judges Counsel to me, as they said themselves, they would, and ought to be, but rather suffered me to wrong and prejudice my self, some of them saying, Let him go on, the worst will be his own at last. And they neither checked nor re­strained the King's Counsel, in their high and irritating expressions to the Jury, to find me guilty, One of whom were seen to speak pri­vately with the Foreman of the Jury, immediately before the Jurors went from the Bar, after he had spoken openly, That the Prisoner was to be made a publick Sacrifice, in reference to the Actions done against his Majesty that now is.

All this is very far from that Indifferency in Tryal, and from that Equality which the Law requires, and they are bound by their Oath to afford me; besides the undue proceedings in the business of the Petty Jury. A List of forty eight persons was presented to me, who being to me unknown, and no time allowed me to gain any knowledge [Page 56] of them, though I was permitted to challenge and refuse three Juries, without shewing cause, yet could not that refusal be upon such rational grounds as the Law supposes, which doubtless intends substantial re­lief to the Prisoner, in allowing him the liberty of such refusal: where­as, through my ignorance of the persons, I might refuse the best, and chuse the worst, as to my safety. And then, whereas the Law further allows me the refusal of any other beyond the thirty five, on just and exceptionable cause shewen; what just exception was I capable to alledge in a sudden hurry, against persons to me altogether unknown, unless it would be taken for a just one, that they were unknown to me?

All these things, being so contrary to the Right which the Judges stand obliged to do to every one, as they are for that purpose entrusted by God and the King, is just cause for an Arrest of Judgment; and a good Reason why they should yet at length allow me a Copy of the Indictment, and assign Counsel to argue for the Prisoner, against the de­fects in Law that may be found therein. Without this, Law is denied me, which is my Birthright and Inheritance; the best Birthright the Subject hath, sayes Cook on Mag. Charta, for thereby (sayes he) his Goods, Lands, Wife, Children, his Body, Life, Honour and Estima­tion are protected from injury. The Life, Birthright or Inheritance we have from our parents, may soon be gone, if this Fence thereof be broken down. How great a wrong then it is for the Court to with­hold it from me, is manifest. Are they not therefore in effect, charge­able with my Blood, by such unequal Proceedings as I have had in my Tryal?

II. My second Reason for an Arrest of Judgment, is drawn from the Issue that is joyned in my Case, which seems to depend chiefly upon matter of Law, and that in such tender and high points, as are only determinable in the high Court of Parliament.

For it is become the question, Whether I am guilty, or not guilty, according as these Propositions following, are truly or erroneously re­solved?

1. Whether the Parliament, that began Novemb. 3. 1640, were dissolved by the King's Death? and whether this Court may judge things done in Parliament?

2. Whether the Powers regnant, and de facto, that successively were in being, from Jan. 30. 1648, to Decemb. 20, 1659, were such Powers de facto, as are the King, or Seigneur le Roy, within the pur­view of the Stat. 25. Ed. 3. having the exercise of Regal Power in all the particulars of it, though not the name?

[Page 57] 3. Whether during that time fore-mentioned, his Majesty that now is, were properly King de facto? or whether he were not out of pos­session, and without all exercise of his Regal Authority within the Realm?

4. Whether the Case now in question, be a Treason literally within the words of the Statute, 25. Ed. 3. or at most, any other, than an interpretative and new Treason, not declared before the very time of my Tryal; and that only by the Judgment of the Court, or opinion of my Judges, eleven years after some of the things charged on me, are alledged to have been committed?

As to the first of these; The Act for Continuance of the Long Par­liament, is express; That all and every thing or things whatsoever, done or to be done, for the Adjournment, Proroguing or Dissolving of that Parliament, contrary to that Act, shall be utterly void and of none effect. I then thus argue;

The Judges do upon occasion of this Tryal, resolve, That the King's Death dissolv'd that Parliament. No Act of Parliament hath yet declared it to be so; and the Judges ought to have some Law for their guide, as Cook well sayes. To be sure, if in process of time, the Par­liament shall expresly declare, That not the King's Death, but the Act for the Dissolution of that Parliament, did dissolve it; In such case, these Judges Resolution by vertue of such Act, is absolutely void. But innocent Blood in the mean time may be shed, and an Estate wrong­fully taken away. And in case what the Judges assert herein, were Law, 'tis Law not known or declared till many years after the Fact committed. At this rate, who is secure of Estate or Life?

As to the second and third Queries or Propositions; It does appear out of the third part of Cook's Institutes, fol. 7. and the Statute, 11. Hen. 7. cap. 1. That Actings for the King in Fact, are not to be questioned by the King in Right. If it be said, That there was no King in this case; it may be replied, That they who had the Power and Exercise of the Royal Jurisdiction, as to Peace and War, Coynage of Money, power of Life and Death, &c. which are the highest En­signs of Regal Authority, must needs be the Powers regnant, though not under the name of King, and are within the Statute, 25. Edw. 3. cap. 2. as a Queen also is adjudged, and any sovereign Prince, though under the title only of Lord, as was the case of Ireland, before it was a Kingdom. And if so, why not in more such persons as well as one, that de facto exercise the Royal Power and Sovereign Authority, un­der what name or title soever? If upon this Nicety, Judgment be [Page 58] given against me, because the Powers regnant wanted the name and formality of a King, I shall doubtless have very hard measure. For the reason and equity is the same, if the Powers regnant had the thing, though not the Title. And where there is the same Reason, there is the same Law, as is a known Rule. Now there is the same Reason the Subject should be equally indempnified, that acteth under any So­vereign Authority that hath not the name of a King, as if it had. If there had been many Kings, as a Heptarchy hath been in England heretofore, those would have been understood to be within the Sta­tute; and the reason and equity of the Statute is the same in all cases. For the Law is made for the benefit and security of the Subject, whom the Law requires not to examine the right of Soveraignty. Nor is the danger less under one Government than another.

The Statute is, for securing the Subject from all dormant Titles, that they may safely pay their Allegiance when they receive Protection, and that they may not be in danger of being destroyed by two Powers at the same time. For that Power which is supream and de facto, will be obeyed, and make it Treason to do otherwise, be it right or wrong. And if the Subject be at the same time in danger of committing Trea­son against the Power de jure, then is he in a miserable condition and state of unavoidable necessity, which is provided against by the Laws of the Land. Otherwise, if he be loyal to the King de jure, he shall be hanged by the King de facto; and if he be faithful to the King de facto, he shall die by the King de jure, when he recovers possession.

Against this it was, that the Statute of 11. Hen. 7. was provided, in the difference betwixt the two houses of York and Lancaster. My Case is either the same with that, and then I desire the benefit of that Statute; or else, it is new, and then I desire, as is provided, 25. Ed. 3. that it be referred to the Parliament. So that it is either within the Equity of the Statute, 11. Hen. 7. or else it is a new Case, and not to be judged by this Court.

If the Judges in the Resolves by them delivered, upon any of the particulars before-alledged, have not declared that Law that ought to guide them, but their particular Judgments or Opinions, as undertaking to guide the Law, and that in points of so grand concern as touch the Subjects Life, in case their Judgments after should prove erroneous, the Verdict given upon such Errors, must needs be illegal and void. Judg­ment therefore ought to be suspended till such time as the truth and certainty of the Law may be fully argued and cleared, and that, in the proper Court for the hearing and judging of this Case. If this be [Page 59] not done, but I be forthwith proceeded against (notwithstanding any thing however rationally or legally alledged to the contrary) by such undue precipitation and giving Sentence, I am (contrary to Magna Charta, or Law of the Land) run upon and destroyed, without due form and course of Law. And I am like to be deprived of Estate and Life upon no Law or certain Rule, which was declared before the Fact; no, nor before the Tryal.

Upon these Considerations, I desire an Arrest of Judgment, and that Counsel may be assigned me, and competent time allowed to make good my Averrements.

As an Argument to press this, I desire leave of the Court, That the Petition of the two Houses, and the King's Assent to it, may be read in open Court, attested by one that is present, who examined and compared it with the Book of Record in the Lords House, by which it evidently appears, that as well the King as both Houses of Parlia­ment, were agreed, that admitting I were attainted, yet Execution, as to my Life, should be remitted. And if so, there is no cause to preci­pitate the passing Sentence; especially, when also such weighty points in the Law are yet to be argued and cleared, unless the Judges will evidently charge themselves with my innocent Blood.

III. My third Reason for an Arrest of Judgment, is the manifest newness of this Case, being such as never happened before in the King­dom: which withal, is of so vast a consequence to people of all sorts and conditions within this Realm, as nothing more. And being so, (as I doubt not with your Lordships patience I shall make it appear) It is the known Law, witnessed by Bracton and antient approved Law-Books; That in such Cases, the Judges in the inferiour Courts ought not to proceed, but bring it before the high Court of Parliament.

To prove therefore the newness of this Case, (besides what I have already alledged in my Defence, before the Verdict) give me leave to adde that, which yet further shews the newness and extraordinariness thereof. And I beseech your Lordships to let me go on without in­terruption, in my endeavouring to make it out as clearly, as God shall enable me, and as briefly also, not to spend too much of your time.

In general, I do affirm of this Case; That it is so comprehensive, as to take in the very Interests of Heaven and Earth: First, Of God the Universal Soveraign and King of Kings; Secondly, That of earth­ly Soveraigns, who are God's Vicegerents; as also the Interests of all Mankind, that stand in the relation of Subjects to the one or both those sorts of Soveraigns.

[Page 60] This is general. More particularly; within the bowels of this Case is that Cause of God, that hath stated it self in the late Differnces and Wars, that have happened and arisen within these three Nations, and have been of more than twenty years continuance: which for the greater certainty and solemnity, hath been recorded in the form of a National Covenant, in which the generality of the three Nations have been either implicitly involved, or expresly concern'd, by the signing of their Names.

The principal things contained in that Covenant, were the known and commonly received Duties, which either as Men or as Christi­ans, we owed and stood obliged to perform either to God, the highest and universal King in Church and State, or to our natural Lord and Sovereign, the Kings of this Realm, in subordination to God and his Laws.

Again, It contains as well the Duties which we owe to every par­ticular and individual person, in their several stations and callings, as to the King in general, and our Representative Body in Parliament assem­bled. These Duties we are thereby obliged to yeeld and perform, in consistency with, and in a just subordination and manifest agreeableness to, the Laws of God, as is therein expressed: And this also, in no dis­agreement to the Laws of the Land, as they then were.

By this solemn Covenant and Agreement of the three Nations, giving up themselves in subjection to God and to his Laws, in the first place, as the Allegiance they owe to their highest Soveraign, (as the Creator, Redeemer, Owner and Ruler of all Mankind) they have so far interested the Son of God in the the Supream Rule and Government of these Nations, that nothing therein ought to be brought into pra­ctice, contrary to his revealed Will in the holy Scriptures, and his known and most righteous Laws.

This Duty which we owe to God, the universal King, Nature and Christianity do so clearly teach and assert, that it needs no more than to be named. For this subjection and allegiance to God and his Laws, by a Right so indisputable, all are accountable before the Judgment-seat of Christ.

It is true indeed, men may de facto become open Rebels to God and to his Laws, and prove such as forfeit his Protection, and engage him to proceed against them as his professed Enemies. But (with your Lordships favour) give me leave to say, that that which you have made a Rule for your proceedings in my Case, will indeed hold, and that very strongly, in this; that is to say, in the sence wherein Christ [Page 61] the Son of God is King de jure, not only in general, over the whole World, but in particular, in relation to these three Kingdoms. He ought not to be kept out of his Throne, nor his visible Government, (that consists in the Authority of his Word and Laws) suppressed and trampled under foot, under any pretence whatsoever.

And in the asserting and adhering unto the Right of this highest Soveraign, (as stated in the Covenant, before mentioned) The Lords and Commons joyntly, before the year 1648, and the Commons alone afterwards, to the very times charged in the Indictment, did manage the War and late Differences within these Kingdoms. And what­ever defections did happen by Apostates, Hypocrites, and Time-serving worldlings, there was a party amongst them, that continued firm, sin­cere and chast unto the last, and loved it better than their very lives; of which number I am not ashamed to profess my self to be; not so much admiring the form and words of the Covenant, as the righteous and holy ends therein expressed, and the true sense and meaning there­of, which I have reason to know.

Nor will I deny, but that, as to the manner of the prosecution of the Covenant to other ends than it self warrants, and with a rigid op­pressive spirit, (to bring all dissenting minds and tender Consciences under one Uniformity of Church-discipline and government) it was utterly against my Judgment. For I alwayes esteemed it more agree­able to the Word of God, that the Ends and Work declared in the Covenant, should be promoted in a spirit of love and forbearance to differing Judgments and Consciences, that thereby we might be appro­ving our selves in doing that to others, which we desire they would do to us; and so, (though upon different principles) be found joynt and faithful advancers of the Reformation contained in the Covenant, both publick and personal.

This happy Union and Conjunction of all Interests in the respective duties of all relations, agreed and consented to by the common suffrage of the three Nations (as well in their publick Parliamentary capacity, as private stations) appeared to me a Rule and measure approved of, and commanded by Parliament, for my action and deportment, though it met with great opposition, in a tedious, sad and long War; and this, under the name and pretext of Royal Authority. Yet, as this Case appeared to me in my conscience, under all its circumstances of Times, of Persons, and of Revolutions inevitably happening, by the hand of God and the course of his wise Providences, I held it safest and best to keep my station in Parliament to the last, under the guidance [Page 62] and protection of their Authority, and in pursuance of the Ends before declared, in my just Defence.

This general and publick Case of the Kingdoms, is so well known by the Declarations and Actions that have passed on both sides, that I need but name it, since this matter was not done in a corner, but fre­quently contended for in the high places of the Field, and written even with characters of Blood. And out of the bowels of these Publick Differences and Disputes, doth my particular Case arise, for which I am called into question. But admitting it come to my lot to stand single, in the witness I am to give to this Glorious Cause, and to be left alone, (as in a sort I am) yet being upheld with the Authority before asserted, and keeping my self in union and conjunction therewith, I am not afraid to bear my Witness to it in this great Presence, nor to seal it with my Blood, if called thereunto. And I am so far satisfied in my conscience and understanding, that it neither is nor can be Trea­son, either against the Law of Nature, or the Law of the Land, either malum per se, or malum prohibitum; that on the contrary, it is the duty I owed to God the universal King, and to his Majesty that now is, and to the Church and People of God in these Nations, and to the innocent Blood of all that have been slain in this Quarrel. Nothing it seems will now serve, unless by the Condemnation passed upon my person, they be rendred to posterity Murderers and Rebels, and that upon Record in a Court of Justice in Westminster-hall. And this would inevitably have followed, if I had voluntarily given up this Cause, without asserting their and my Innocency, by which I should have pulled that Blood upon my own head, which now I am sure must lie at the door of others, and in particular, of those that knowingly and precipitately shall embrew their hands in my innocent Blood, un­der whatever form or pretext of Justice.

My Case is evidently new and unusual, that which never happened before; wherein there is, not only much of God and of his Glory, but all that is dear and of true value to all the good People in these three Nations. And (as I have said) it cannot be Treason against the Law of Nature, since the duties of the Subjects in relation to their Soveraigns and Superiours, from highest to lowest, are owned and conscientiously practised and yeelded by those that are the Assertors of this Cause.

Nor can it be Treason within the Statute of 25. Ed. 3; since, be­sides what hath been said of no King in possession, and of being under Powers regnant & Kings de facto, as also of the Fact in its own nature, [Page 63] and the Evidence as to Overt Acts pretended, it is very plain it cannot possibly fall within the purview of that Statute. For this Case, thus circumstantiated, (as before declared) is no Act of any private per­son, of his own head, as that Statute intends; nor in relation to the King there meant, that is presumed to be in the exercise of his Royal Authority in conjunction with the Law and the two Houses of Parlia­ment, if they be sitting, as the fundamental Constitutions of the Govern­ment do require.

My Lords, If I have been free and plain with you in this matter, I beg your Pardon: For it concerns me to be so, and something more than ordinarily urgent, where both my Estate and Life are in such emi­nent peril; nay, more than my Life, the Concerns of thousands of Lives are in it, not only of those that are in their graves already, but of all posterity in time to come. Had nothing been in it, but the care to preserve my own Life, I needed not have stayed in England, but might have taken my opportunity to have withdrawn my self into for­reign parts, to provide for my own safety. Nor needed I to have been put upon pleading, as now I am, for an Arrest of Judgment, but might have watch'd upon advantages that were visible enough to me, in the managing of my Tryal, if I had consulted only the preservation of my Life or Estate.

No, my Lords, I have otherwise learned Christ, than to fear them that can but kill the Body, and have no more that they can do. I have also taken notice, in the little reading that I have had of History, how glorious the very Heathens have rendred their names to posterity, in the contempt they have shewed of Death, (when the laying down of their Life has appeared to be their Duty) from the love which they have owed to their Country.

Two remarkable examples of this, give me leave to mention to you upon this occasion. The one is, of Socrates the divine Philosopher, who was brought into question before a Judgment-Seat, as now I am, for maintaining, that there was but one onely true God, against the mul­tiplicity of the superstitious Heathen gods; and he was so little in love with his own Life upon this account, (wherein he knew the Right was on his side) that he could not be perswaded by his friends, to make any defence, but would chuse rather to put it upon the conscience and determination of his Judges, to decide that wherein he knew not how to make any choice of his own, as to what would be best for him, whether to live or to die; he ingenuously professing, that for ought he knew, it might be much to his prejudice and loss, to endeavour longer continuance in this bodily Life.

[Page 64] The other example, is that of a chief Governour, that (to my best remembrance) had the Command of a City in Greece, which was besieged by a potent Enemy, and brought into unimaginable straits. Hereupon the said Governor makes his address to the Oracle, to know the event of that danger. The answer was; That the City should be safely preserved, if the chief Governour were slain by the Enemy. He, understanding this, immediately disguis'd himself and went into the Enemies Camp, amongst whom he did so comport himself, that they unwittingly put him to death; by which means, immediately safety and deliverance arose to the City, as the Oracle had declared. So little was his Life in esteem with him, when the Good and Safety of his Country required the laying of it down.

The BILL of EXCEPTIONS, translated out of the best Latine form the Prisoner could procure, No Counsel learned in the Law daring to assist him in those Circumstances, without Assignment from the Court, which was denied.

First, Concerning my Imprisonment.

(1.) I Shall here mention my entrance into this new Scene of Suffer­ings, under the present Power, (after my having been handled at will and pleasure, under the six years Usurpation of Cromwel) which I conceive not to have been at all according to the Law of the Land, as may appear by the 29th chap. of Magna Charta, and Cook upon it, with many other Statutes and Law-Books: In all which it appears, that the Law of England is so tender, not to say curious, in providing for the Subjects Liberty, that he is not to suffer the least restraint, con­finement of imprisonment, but by the lawfull Judgment of his Peers, or by the Law of the Land: Contrary to all which, I was committed at meer Will and Pleasure, and have been detained close Prisoner these two years, without any cause specified, or any particular crime laid to my charge.

Secondly, Concerning Transactions at the Grand Jury.

(2.) The Grand. Jury of Middlesex, without my privity, know­ledge or presence, (after I had been kept a close Prisoner two full years) did meet, take the Depositions of Witnesses, and find the Bill against me, which inevitably exposed me to a Tryal at the Kings Bench [Page 65] Bar, for I knew not what; whereas Major Rolph and others have had the Right of Englishmen granted them, to be present at the Grand Juries proceedings; yea, and to have Counsel also present, to plead any thing in a way of Reason or Law, for invalidating the Testimony or disabling the Witnesses, whereby the Indictment hath been imme­diately quash'd, and so, the party accused, delivered from any shadow of Infamy, by so much as appearing in the circumstances of a Male-factor at any publick Bar of Justice.

That this Prisoner had great need of that Priviledge, of being present himself, or having Counsel and other Friends present at the Grand Jury, will appear hereafter, by the subdolous and injurious handling of matters there.

Thirdly, Concerning the Jurisdiction of the Court.

(3.) The Offences supposed to be committed by me, are things done not of my own head, but as a Member of the Long Parliament. or in pursuance of their Authority. The matters done by me, in the one respect or the other, if they be deemed Offences, are punishable only in Parliament, and I ought not to be questioned for them in any inferiour Court; As Cook shews in the 4th part of his Institutes, chap. 1. concerning the high Court of Parliament. For the Parliament is not confined in their Actings, by the Law which inferiour Courts are tied up to, but in divers cases are priviledged to act extraordinarily and unaccountably to any but themselves, or succeeding Parliaments. Moreover, That Parliament was extraordinarily commissioned, quali­fied and authorized by express Act of Parliament, beyond all prece­ding Parliaments, for the Causes and Ends declared in the Preamble of the Act for their Establishment, accorded and passed by the joynt Consent of King, Lords and Commons, whereby they became un­subjected to Adjournment, Prorogation or Dissolution, but by their own respective voluntary Consents, to be by them expressed and pas­sed for that purpose, with the Royal Assent; which occasioned his late Majesty in his Answer to the nineteen Propositions, to say, That the Power hereby legally placed in both Houses, was more than sufficient to prevent and restrain the Power of Tyranny.

And further, The bringing of this Case under the Jurisdiction of this Court, or of any other, but a Parliament, may prove of very dangerous consequence, in point of Precedent, and most disagreeing to all Rules of Justice. For,

First, By the same reason that I am questioned in this Court, not [Page 66] only every Member of Parliament, but the very Houses themselves, with all their Debates, Votes and Orders, may not only be questioned, but referred to a Petty Jury, and so come to be judged and sentenc'd by a Court inferiour to themselves, which Judges in all times have dis­claimed and acknowledged to be out of their power, according to the known Rule, Par in pares non habet imperium, multo minus in eos, qui majus imperium habent.

Secondly, In such case, the Parties accused, will be debarred of Evidence or Witness for their Justification and Defence. For no Mem­bers, &c. present at Debates in Parliament, (who are the onely eye and ear-witnesses of what is said and done there) ought to discover the Counsels of the House.

Fourthly, Concerning the Indictment.

1. I have not been permitted to have a copy or sight of the Indict­ment, nor so much as to hear it read in Latine, which is the original Record of the Court, and ought to be the foundation of their whole proceeding with me. I often desired these things of the Court; yea, or at least, to have but the Transcripts of some particular clauses in the Indictment, to enable me to shew the deficiencies thereof in Law, (all which, others in such cases have often obtained) but nothing would be granted herein.

This then was my hard lot and usage; I was put (after two years close Imprisonment) to answer for my Life, to a long Indictment, read in English, which whether it were rightly translated how should I know, that might not hear the Original Record in Latine? Counsel also learned in the Law, were denied me, though pressed for by me, again and again, before I pleaded. And had they been granted, what could they have said as to defects of Law in the Indictment, unless they might have a Copy of it? What can any Counsel say to any petty bu­siness concerning any part of a man's Estate that's in controversie, un­less they may have a leisurely view and perusal of the Writings therea­bouts? much more sure will it appear requisit, to the reason of all man­kind, when a man's whole Estate, Life and all are at stake. 'Tis true, before I pleaded, this Court promised I should have Counsel assigned me after pleading, (God forfend else, said the Lord Chief Justice) but 'tis as true, I never could yet see that promise made good. All things tending to a fair Tryal, were promised me in general before pleading, but every material particular for the just defence of my Life, hath been [Page 67] denied me ever since. And my Tryal for Life was hudled up the next day of my appearing before you; The Jury as was told me) must not eat or drink, till they had done their work; (so the more than forty Jewry-men that resolved to kill Paul, Act. 23. 21.) But why such haste and precipitancy for a man's Life, that's more than Meat or Estate, when you can let Civil Causes about mens Estates depend ma­ny years? and if an erroneous Judgment be passed in such matters, 'tis reversible; But if innocent Blood be spilt, it cannot be gathered up again, as the wise woman of Tekoah said, 2 Sam. 14.

2. But secondly then, As to defects in the Indictment, which I was in some measure enabled to observe from that broken hearing thereof, that was afforded me here in the Court; I say, there are ma­ny, and those very considerable; and by the Law of England I ought not to have been urged to plead or make answer to such an illegal and defective Indictment.

1. There is no sufficient Overt Act therein alledged, of the Prisoner's imagining the King's Death, or that he had any the least intention that way.

2. The Levying of a War, is alledged in Southwark, and cannot therefore be tryed by a Jury of Middlesex; Dyer, fol. 234. and the 3d part of Cook's Institutes, fol. 34.

3. There is uncertainty and obscurity in the main thing alledged against me in the Indictment; to wit, That I, together with a multi­tude of persons, to the number of a thousand, unknown to the Jury, &c. whereas no Criminal Act can be tryed that is not certain; Certa res debet esse quae deducitur in Judicium.

4. The Treason laid to my charge, is alledged to have been com­mitted with a multitude of other false Traitors, which were pardoned by the Act of Indempnity; such supposed crimes therefore of theirs cannot be remembred or alledged, without a manifest breach of the Act of Indempnity and Oblivion.

The Indictment is, or ought to be founded on some clause or branch of 25. Ed. 3. chap. 2. But no such Overt Act is alledged in the Indict­ment, or proved by Witnesses, as doth discover that I had any inten­tion to kill, depose or hold out the King from the possession and exer­cise of his Regal Power.

Whereas I am accused of compassing or imagining the Death of the King; this must be understood of his natural or personal, not politick capacity; for in this latter sence, the Law sayes, the King cannot die.

First then, to compass only the Deposition of the King, is not within [Page 68] the words of that Statute, (several Kings have been deposed by Par­liaments since the Conquest) and as to my compassing or designing the natural death of the King's Person, with what colour can I be accused of such intentions, in the circumstances the King at that time was in beyond the Seas?

Secondly, The assembling of men together, without any hostility or injury offered to any person, but for a man's own security and de­fence, in a time of confusion and distraction, is not Levying War, or Treason at the Common Law, or by that Statute. Yea, in this Case, and at the season wherein such an Act as this is alledged, it might be supposed to be done for the King's Restoration as well as in opposition thereunto; and the most favourable and advantagious construction ought to be made and put upon the Prisoner's actings or words, where there is ambiguity, so that they may be taken or interpreted divers wayes. For the Law alwayes presumeth actions to be innocent, till the contrary be manifestly proved. However, in a time of vacancy or an Interregnum, when the Foundations of Government are out of course, by the Law of Reason, Nature, and Common Prudence, every man may stand upon his own guard, endeavouring his own security and protection from injury and violence.

Thirdly, To be adherent to the King's Enemies within his Realm, &c. cannot, ought not to be understood of any adhaesion to a Parlia­ment, wherein the King by Law is supposed alwayes present, as a part thereof. Nor can the Long Parliament be called the King's Ene­mies, without overthrowing the Act of Indempnity, which the King hath declared to be the Foundation of the Nations present Peace and Security.

Lastly, The Treasons alledged in the Indictment, are said to have been committed when the King was out of possession; So the Indict­ments runs, to keep out the King, &c. Now my Lord Cook in the third part of his Institutes, fol. 7. saith, A King de jure, and not de facto, is not within this Statute; Against such a one no Treason can be committed. For if there be a King regnant in possession, though he be Rex de facto, and not de jure, yet is he Seignior le Roy, within the purview of this Statute; and the other that hath Right, and is out of possession, is not within this Act. Nay, if Treason be committed against a King de facto, & non de jure, and after the King de jure cometh to the Crown, he shall punish the Treason done to the King de facto.

And after, in the same place he saith, That by Law there is alwayes [Page 69] a King, in whose Name the Laws are to be maintained and executed; otherwayes Justice would fail. The Act also of 11. Hen. 7. was made for security of the Subject on this behalf. The word King also may and ought to be taken largely for any Sovereign Power, in a King or Queen, as Cook in the place fore-quoted, shews; and why not by the same reason, in a Protector, though a Usurper, or any other per­sons, one or more, in whom Soveraignty is lodged, or that have all the badges of Soveraignty, as the calling of Parliaments, enacting of Laws, coining of Money, receiving Forreign Ambassadors, &c.? His Ma­jesty that now is, is granted by the very Indictment to have been then out of possession: If so, then was there either some other King, or what was equivolent, some Sovereign Power in actual possession and exer­cise, or none. If the former, then was there a King de facto, so no Treason could be committed against him that was King de jure only: If the latter, then the Government was dissolved, no allegiance was due to any persons, and so no offence could be properly Treason, with­in the Statute.

But had the late Protector had the name and stile of a King, no Trea­son could have been committed against the King de jure only. Now God forbid that you should give away my Life upon such niceties, because a usurping Protector was not clothed with the Title as well as Power of a King. The Protector or any Usurper's taking or not taking the Title of a King, in case he have the Power, cannot alter the state of my supposed crime. You ought not to be byassed by popular Reports concerning me. 'Tis easier to be innocent, than so reported. The one is in our own power, not the other.

Fifthly, Concerning the Evidence.

1. No allegation was directly proved by two positive lawful Wit­nesses, as in this case it ought to be.

2. One of the Witnesses for the King, confessed in open Court, that to his knowledge my hand had been counterfeited, to my prejudice and dammage, in great Sums of Money; yet Orders pretended to be signed by me, (wherein my hand may as well be counterfeited) are taken as Evidence against me.

3. The Issue of the whole Cause depended on the solution of some difficult Questions, of so high a nature and great importance, as could not safely be determined but in the high Court of Parliament; As,

1. Whether the Long Parliament, called in Novemb. 1640, were dissolved by the late King's Death?

[Page 70] 2. Whether the successive remaining Powers, that exercised the Royal or Supream Authority from 1648, to the Restoration of his now Majesty, were not within the true sense and meaning of 25. Edw. 3. and 11. Hen. 7?

As to other pertinent Queries, thou mayest see them, Reader, in other parts of this Tryal.

That which remains, as an Appendix to this Bill of Exceptions, is to lay before thee the Grounds which plainly shew that there was a downright Conspiracy in Sir Henry Vane's Tenants and others, to pro­secute him for Life and Estate, under colour and pretence of Justice.

1. Presently after I was committed to the Tower for High Treason, and made a Close-Prisoner, Mr. Oneale, Sir William Darcy and Dr. Cradock obtained an Order from the King, to seize and take into their possession, all the Estates of such persons, that were already or should be forfeited to his Majesty.

Hereupon the said Mr. Oneale and Sir Will. Darcy appointed some under them in the Bishoprick of Durham, (by name, Thomas Bowes Es (que) now deceased, and Capt. William Darcy) to joyn with the said Dr. Cradock, to put in execution the said Warrant, as their Depu­ties, who thereupon went to Raby Castle, and demanded the Rent-Books of Thomas Mowbray my Steward, offering him his place under them, which he refused.

Contrary to this proceeding, Sir Edward Cook expresly declares, ‘That before Indictment, the Goods or other things of any Offender, cannot be searched, inventoried, or in any sort seized; nor after In­dictment, seized, removed, or taken away, before Conviction or At­tainder.’ Institut. 3d part, chap. 133. concerning the Seizure of Goods, &c. for Offences, &c. before Conviction.

2. At the Instance and Prosecution of my Tenants and others, an Order was made by the House of Commons (not of the Lords) re­quiring the Tenants of such persons as were excepted out of the Ge­neral Pardon, to detain their Rents in their own hands. By pretence of this Order, (though that Parliament that made it, were dissolved) The Tenants refused to pay their respective Rents, as they grew due, con­trary to all Law and Equity; and joyned together in open defiance and conspiracy against their Landlord.

3. The said Tenants, (when legally prosecuted in his Majesties Courts at Westminster, for the recovery of the said Rents out of their [Page 71] hands) did petition the late House of Commons to put a stop to such legal Prosecution and Suits; which Motion of theirs, put the House into a great heat and violence against me, insomuch that they had no most passed a Vote to sequester all my Estate, though unheard or un­convicted.

4. William Watson of Cock-field, and other of the said Tenants, have continued in London to carry on this Conspiracy against me, by whose means, with others, the King hath been importuned to send for men from the Isle of Silly, in order to this Tryal.

5. By common fame (which, at least, affords a strong presumption) my Goods and Estate have been long begg'd by several persons, and granted: whereas the begging of the Goods and Estate of any Delin­quent, accused or indicted of Treason, before he be Convicted and At­tainted, is utterly unlawful; because till then, nothing is forfeited to the King, and so, not his to dispose of; as Sir Edward Cook shews, in the fore-mentioned Chapter about the Seizure of Goods, &c.

6. I am credibly informed, that about December last, a certain Cap­tain came from the Duke of Albemarle, to Capt. Linn, with threat­ning language, that if he would not confess things against Sir Henry Vane, he should be fetch'd up before the Council and made to do it. Linn answered, he knew nothing against Sir Henry Vane, nor had any Orders from him, but from the Parliament and Council.

The same Captain came again, about a fortnight after, from the Duke of Albemarle, with a parcel of fine words, that if he the said Linn would testifie, that Sir Henry Vane was in the head of his Regi­ment, and that he received Orders from him, the Duke of Albemarle would gratifie him with any civility he should desire. Linn replied, he knew no Regiment Sir Henry Vane had, but that it was the Par­liaments and Council of States Regiment. The same Captain came again to him, from the Duke of Albemarle, and told him, The Duke desired him to testifie Sir Henry Vane's being in the head of his Regi­ment, and that he received Orders from him, to fight Sir George Booth; Linn replied, he knew no such things. The Captain told him, as from the Duke, he should have any Place or Office in the Court. Be not afraid to speak, said he, I warrant you, we shall hang Sir Henry Vane, for he is a Rogue.

7. I am credibly informed, that one of the Grand Jury declared, that after the Bill of Indictment against me, was brought in, some from the King's Counsel came to desire them, they would please to come into the inward Court of Wards; Upon which, one of the Jury said, [Page 72] they were there to judge of matters brought before them, and ought not to go in thither; but if the Counsel had any thing to say, they ought to come to them. This was seconded by some; others said, They were the King's Counsel, and it was but matter of civility to grant them their Request: whereupon they went into the inward Court of Wards, where the King's Counsel were, to wit, Attorney-General Palmer, Sollicitor-General Fynch, Serjeant Glyn and Ser­jeant Keeling. After a while, they caused all to withdraw but the Jury. Then the Clerk read the Indictment in the usual form for Le­vying War from 1659. After it was read, one of the Counsel told them, It was a Bill of High Treason against his Majesty, and they were to consider of it according to their Evidence. Then they pro­ceeded to examine their Witnesses.

Jefford said, Sir Henry Vane offered him a Commission to go against Sir George Booth; which, said Serjeant Keeling, was to go against the King.

Wright, being examined whether he saw Sir Henry Vane in the Council, said, Yes. The Attorney-General replied, that if he was amongst them, they might find the Bill upon that.

Upon this, the Jury withdrew, and were by themselves. Then Sir John Croply, the Foreman, said, We must pass this Bill; at which all the Jury were silent. At last, one stood up and said; This Bill con­tains matter of Fact, and matter of Law. Some of this Jury, to my knowledge, were never of any Jury before, as well as I, therefore igno­rant of the Law, (in so difficult and unusual a point as this is) and con­sequently could not give in their Verdict, as to Law, but only Fact. Several others of the Jury seconded him in this, and protested against giving in their Verdict, as to matter of Law; notwithstanding all which, the Bill was carried up to the King's Bench.

8. On the day of my Arraignment, an eminent person was heard to say, I had forfeited my head, by what I said that day, before ever I came to my Defence: what that should be, I know not, except my saying in open Court, Soveraign Power of Parliament, which the Attorney-General writ down, after he had promised at my request, no exception should be taken at words. And whole Volumns of Law­yers Books pass up and down the Nation with that Title, Soveraign Power of Parliaments.

9. Six moderate men, that were like to consider what they did, be­fore they would throw away my Life, were summoned to be of my Petty Jury, which the King's Counsel hearing, writ a Letter to one [Page 73] of the Sheriffs, to unsummon them; and a new List was made, the night immediately before the day of Verdict, on purpose that the Pri­soner might not have any knowledge of them, till presented to his view and choice in Westminster-hall. Yet one of the fourty eight of this List, (who said he would have starv'd himself before he would have found Sir Hen. Vane guilty of Treason) was never called, though he walked in the Hall all the while. And in that Hurry of those that compassed him about, he being alone, stripp'd of all assistance, Sir William Roberts Foreman, and Sir Christopher Abdy, were sworn by the Court, before I was aware; so my challenging them, might seem a personal disobliging and exasperation of them against me, after they were sworn and fixed.

The Sollicitor also had a long whisper with the Foreman of the Ju­ry, in the Court, before they went to Verdict, telling him, The Pri­soner must be a Sacrifice for the Nation, &c.

Suddenly after which I am here called to receive my Sentence.

10. After the day of my Tryal, the Judges went to Hampton-Court.

11. None were more forward to absolve the King from his Grant about my Life, than they that had appeared most forward in promoting the Bill by way of Petition to the King, for it. This Grant, being upon Record, may seem to have the same validity that other Acts of Parliament have, which are still but the two Houses Petition to the King for his Assent to the Bills by them drawn up and passed. They used this, as a means to induce the King to exempt me from all benefit of the Act of Indempnity and Oblivion, and then at last perswade and absolve him from making good this Grant also, thereby depriving me of all visible relief for my Life. I conceived my Life as secure by that Grant, as others Lives or Estates are by the Act of Indempnity it self; for what is that but the Bill of both Houses, with the King's Assent to it, upon their Petition?

The PETITION of both Houses of Parliament to the King's most excellent Majesty, on the behalf of Sir Henry Vane, and Col. John Lambert, after they left them uncapable of having any benefit of the Act of Indempnity.
To the King's most Excellent Majesty. The humble Petition of the Lords and Commons assembled in PARLIAMENT.


THat Your Majesty having declared your gracious pleasure to pro­ceed only against the immediate Murderers of your Royal Father: We your Majesties most humble Subjects, the Lords and Commons as­sembled, not finding Sir Henry Vane nor Col. Lambert to be of that number,

Are humble Suiters to Your Majesty, that if they shall be At­tainted, that Execution, as to their Lives, may be remitted;

And as in duty bound, &c.

The said Petition being read, it was agreed to, and ordered to be presented to his Majesty by the Lord Chancellor.

The Lord Chancellor reported, That he had presented the Petition of both Houses, to the King's Majesty, concerning Sir Henry Vane and Col. Lambert, and his Majesty grants the Desires in the said Pe­tition.

John Browne, Cler. Parliamentorum.

Concerning the Proceedings of the Court.

1. THe Judges denied Counsel to the Prisoner, on this pretext, that they (as they were to be) would be his Counsel. They are the King's Commissary Judges, preferred and paid for their work by the King, who (in this case) was, through evil and false suggestions, rendred the Prisoners chief or only Adversary, whose Death he stood accused of imagining and compassing. What Counsel or Assistance the Prisoner was like to have from them, let the World judge.

2. His Jury consisted of persons that had been engaged against him, in that very Controversie and Cause for which he was tryed. A For­reigner, in any Criminal Case amongst us, may require six of his Jurors to be of his own Countrymen; a French-man, six French-men; a Dutch-man, six Dutch-men; &c. There was but one here (that was suspected only to have something of an English man in him) sworn of the Jury; and the Lord Chief Justice sharply rebuked the Clerk of [Page 75] the Court, alledging, that he knew not but he might have brought bread and cheese in his pocket, and would keep them all night, with other words to like purpose.

3. The Prisoner was not suffered to speak a word to the Jury, after the King's Counsel had spoken, to take off the aggravating glosses they had put upon his pretended crime; and the Judges, (that said they would be the Prisoner's Counsel) dismissed the Jury, possessed with the last exasperating charge, given by those, who were both the Ac­cusers and professed Counsel against him.

4. The Prisoner, on his Sentence-day, challenged the Sollicitor be­fore the Court, as to the injury done him on the day of his Tryal, by his large and bitter Invective, which he had not liberty to reply to, (for the vindicating of his own Innocency, and unpejudicing the Ju­ries understanding) in the fittest season.

The Judges that had promised him (before pleading) they would be his Counsel (instead of relieving him herein, as in all reason they ought) afforded him no other answer, but a sharp Rebuke, for cri­minating and scandalizing the Court, together with some threatning expressions. But what need had he to regard their threatnings, that he saw resolved to pass a Sentence of Death upon him, say what he would?

The main thing he charged the Sollicitor with, was his saying open­ly in Court, that he must be made a publick Sacrifice, (shewing no reason why) and of whispering to the Foreman of the Jury, in the Court, before they went to Verdict; a thing notoriously against all Law and Reason. Amongst other things, he had also said, What Counsel did the Prisoner think would (or durst) speak for him, in such a manifest Case of Treason, unless he could call down the heads of those his fellow-Traitors (Bradshaw or Cook) from the top of Westminster-Hall? (or to that effect) when as there were able heads in the bottom of Westminster-hall, ready to have spoken to his Case, if they might have been assigned by the Court. But what may not be said, when nothing may be replied? For a person, that is designing his own Interest, Honours, Advantages and Preferments, to have the last word to the Jury, against a Prisoner that stands at the Bar in dan­ger of his Life, (and that, a person of so generally acknowledged worth and publick concern) and to perform it with impertinent flashes of Wit, and declamatory flourishes of Rhetorick, (sending away the Jury with the fresh and last impressions of all that noise and buzze of his glosses upon the whole matter, and having with irritating expressi­ons [Page 76] misrepresented and aggravated the supposed crimes) is a thing to be hissed oft the stage of this earth, by the common Reason of all mankind.

What worse circumstances can a Prisoner be in, than to stand at a Bar of Justice to be tryed, and there hear his professed Accuser and Adversary, misrepresenting, miscalling, and aggravating the actions he is questioned for, pressing all upon the Jurors consciences with the greatest edge and flourish of all the Art, Wit and Eloquence he is fur­nished with (as Tertullus served Paul) and then be deprived of all possible defence against his slanderous and injurious suggestions? Paul was not so served; he had the last word to his Jury, when Tertullus had done, Acts 24. But the children of this world are wise in their generation; they knew well they had to deal with one, that had been experienced for twenty years together, to be a person of a very happy and unparallel'd dexterity in taking off the paint and false appearances that others (by premeditated Speeches) could put upon ill matters, with an extemporary breath.

If it be said, he had fair warning beforehand, to say all that he had to mind the Jury of, and that he was not to speak after the King's Counsel. It is answered; Though this were hard at best, and indeed, not at all sutable to the true and lawfull Liberties of English-men, yet were it more tolerable, in case the King's Counsel had started no new thing against the Prisoner, used no provoking and unworthy expres­sions, or made no new and unforeseen glosses upon the matter he stood charged with. For then the Prisoner might be presumed to have suf­ficiently obviated beforehand, any thing that would be said by the Counsel, (had they only recapitulated) and so (probably) might have rendred his Jury somewhat uncapable of being prejudiced there­by against him, unless they were as willing to abuse him as the Coun­sel. But here were many things said at random, against all Sense, Law and Reason, (as if Tully had been charactering a treacherous Cati­l [...]ne) and the innocent Prisoner must be mute, and suffer the Jury to be dismissed, and sent to pass their Verdict on his Life, without the least possibility of Remedy.

Put this and all the rest together, (to wit, that the Jury themselves were of the opposit party to him in the late Wars and whole Cause in question, depending before them) and it had been far better for the Prisoner, to have cast lots on a Drum-head for his Life, as a Prisoner of War, than to be so tryed in a time of Peace, unless it can be rea­sonably presumed, that they that would have killed him any time this twenty year in the field, should now be like to spare his Life at the Bar.

Occasional Speeches before his Tryal.

HE said, there was something in this Cause, that could never be conquered, and that he blessed the Lord, it had never been be­trayed by him, or conquered in him. And before this, in a Letter from Silly to a Friend, he said, God's Arm is not shortned; doubtless great and precious Promises are yet in store to be accomplished, in and upon Believers here on Earth, to the making of Christ admired in them. And if we cannot live in the power and actual fruition of them, yet if we die in the certain foresight and imbracing of them by Faith, it will be our great blessing. This dark night and black shade, which God hath drawn over his work in the midst of us, may be (for ought we know) the ground-colour to some beautiful Piece, that he is now exposing to the light.

When he came from his Tryal, he told a Friend, he was as much overjoyed, as a chast Virgin that had escaped a Rape: for, said he, neither flatteries before, nor threatnings now, could prevail upon me; and I bless God that enabled me to make a stand for this Cause; for I saw the Court resolved to run it down, and (through the assistance of God) I resolved they should run over my Life and blood first.

June 13. being Friday, the day before his Execution.

On this day, liberty being given to Friends to visit him in the Tower, he received them with very great chearfulness, and with a composed frame of spirit, having wholly given up himself to the will of God. He did occasionally let fall many gracious expressions, to the very great re­freshing, and strengthning of the hearts of the hearers. To wit, That he had for any time these two years made Death familiar to him, and being shut up from the World, he said, he had been shut up with God, and that he did know what was the mind of God to him in this great matter; but, that he had not the least recoyl in his heart, as to mat­ter or manner of what was done by him; And though he might have had an opportunity of escaping, or by policy might have avoided his Charge, yet he did not make use of it, nor could decline that which was come upon him.

It being told him by a Friend, that his Death would be a loss to the People of God: He answered, that God would raise up other In­struments to serve him and his People. And being desired to say some­thing, [Page 78] to take off that charge of Jesuitism, that was cast upon him; He said, That he thought it not worth the taking notice of; for if it were so, he should never have been brought to this. A Friend said, Sir, the Lord hath said, Be thou faithful unto Death, and I will give thee a Crown of Life. The Lord enable you to be faithful. He replied, I bless the Lord, I have not had any discomposure of spirit these two years, but I do wait upon the Lord, till he be pleased to put an end to these dayes of mine, knowing that I shall change for the better: For in Heaven there is an innumerable company of Angels, the Spirits of Just men made perfect, and JESUS the blessed Mediator of the New Covenant. There are holy and just Laws, a pure Government, blessed and good Company, every one doing their duty; herr we want all these. This is that City spoken of, Psal. 48. 1, 2. That strong City, that cannot be moved, Isa. 26. Why therefore should we be unwilling to leave this estate to go that? And although I be taken from hence, yet know assuredly, God will raise up unto you Instruments out of the dust. Another said to him; Sir, There is nothing will stand you in stead, but justifying Faith in the Blood of Jesus. To which he said, There are some, that through Faith in the Blood of Christ, do escape the pollutions of the world, yet afterwards are entangled there­in again; others there be, that are carried through the greatest suf­ferings, by a more excellent, spiritual sort of Faith in the Blood of Jesus, and endure them with the greatest joy.

He further said, We were lately preaching a Funeral Sermon to our selves, out of Heb. 11. 13, 16. where those blessed Witnesses do de­clare themselves to be pilgrims and strangers on the Earth, and do desire a better Country, that is, a heavenly; Wherefore God is not ashamed to be called their God, for he hath prepared for them a City. And if God (said he) be not ashamed to be called my God, I hope I shall not be ashamed to endure his Cross, and to bear his Reproach, even whatsoever it be that man can impose upon me, for his sake. Yea, he will enable me not to be ashamed. I have not the least reluctancy or strugling in my spirit against Death. I desire not to live; but my will is resigned up to God in all. Why are you troubled? I am not. You have need of Faith and Patience to follow the Lord's Call. This ought chiefly to be in our eye, the bringing Glory to our hea­venly Father. Surely God hath a glorious Design to carry on in the world, even the building up of David's Throne to all Generations. For he is compleating all his precious Stones, making them Heaven­proof, and then laying them together in the Heavenly Mansions, with [Page 79] the Spirits of the Just, till it be a compleat City. When the Top­stone thereof is laid, then will he come in all his Glory.

This day, is a day wherein Christ appears in the Clouds. Oh, that every one of our eyes may see him, and consider how we-have pierced him in his Members, that we may mourn! Our Lord Jesus said, Father, I have finished the work that thou gavest me to do, and now (Father) glorifie me with the same Glory I had with thee before the world was. Our Lord was capable of his Glory beforehand; and al­though we be not so capable as he, yet this we know, he wills the same to us, that where he is, we may be also, that we may behold his Glory. And he is our Head, in whom we are made capable, being chosen in him before the foundation of the world; and he hath set us in hea­venly places in Christ Jesus. The hope of this Glory sweetens all our Sufferings.

I know, a day of deliverance for Sion will come. Some may think the manner of it may be, as before, with confused noise of the War­riour, and garments rolled in Blood; but I rathe think it will be with burning, and fewel of fire. The Lord will send a fire, that shall burn in the Consciences of his Enemies, a worm that shall not die, and a fire that shall not go out. Men, they may fight against; but this they cannot fight against.

It being told him by a Friend, that he had delivered him up unto God as a Sacrifice, though (said he) I have day and night prayed that this cup might pass from you. He replied, That he blessed God, he had offered himself up first to God, and it was a rejoycing to him that others had given him up also. And why, said he (speaking before all the company) should we be frighted with Death? I bless the Lord, I am so far from being affrighted with Death, that I find it rather shrink from me, than I from it.

His Children being then present, to take their leave of him, he said, I bless God, by the eye of Faith I can see through all my Relations to Mount Sion, and there I shall need none of them. I have better Ac­quaintance in Heaven. These Relations are nothing to those I shall meet with there. Then kissing his Children, he said, The Lord bless you, he will be a better Father to you: I must now forget that ever I knew you. I can willingly leave this place and outward enjoyments, for those I shall meet with hereafter, in a better Country. I have made it my business, to acquaint my self with the society of Heaven. Be not you troubled, for I am going home to my Father.

I die in the certain faith and forefight, That this Cause shall have [Page 80] its Resurrection in my Death. My Blood will be the Seed sown, by which this glorious Cause will spring up which God will speedily raise.

The laying down this earthly tabernacle is no more, but throwing down the mantle, by which a double portion of the Spirit will fall on the rest of Gods People. And if by my being offered up, the Faith of many be confirmed, and others convinced and brought to the knowledge of the Truth, how can I desire greater honour and matter of rejoycing?

As for that glorious Cause, which God hath owned in these Nations, and will own, in which so many Righteous souls have lost their lives, and so many have been engaged by my countenance and encourage­ment, shall I now give it up, and so declare them all Rebels and Murderers? No, I will never do it: That precious Blood shall never lie at my door. As a Testimony and Seal to the Justness of that Quarrel, I leave now my Life upon it, as a Legacy to all the honest Interest in these three Nations. Ten thousand Deaths, rather than defile my Conscience, the chastity and purity of which I value beyond all this world; and God is not a little concern'd on my behalf. He will certainly judge my Case, wherein is the bowels of this good Cause, and in the bowels of that, the Kingdom of Jesus Christ, which will speedily be set on foot in these Nations. I would not for ten thousand Lives, part-with this Peace and Satisfaction I have in my own heart, (both in holding to the Purity of my Principle, and to the Righteous­ness of this good Cause) and the assurance I have that God is now fulfilling all these great and precious Promises, in order to what he is bringing forth. Although I see it not, yet I die in the faith and assured expectation of it, Hebr. 11. 13. And the eternal blessedness God hath prepared for me, and is ready now to receive me into, will abundantly make up all other things. Through the power and goodness of God, I have had in this Tryal of mine, such a proof of the integrity of my own heart, as hath been no small joy to me.

The expressions of grief from his Friends, he said, were but so many lets and hindrances to him, in the view he had of that Glory he was going to possess, that heavenly City and Commonwealth, where he should behold the face of God and of his Son, in a society of Angels, and the Spirits of Just men made perfect.

Some few dayes before his Suffering, his thoughts were much fixed upon Psal. 118. 27. where are these words; God is the Lord, which hath shewed us light; bind the Sacrifice with cords, even unto the horns of the Altar. From this, he said, that God gives light, and is light to his People, under their darkest circumstances and sufferings; [Page 81] and when he calls them forth to suffer, he binds them as Sacrifices with cords, in three respects: First, by the Cord of his Love to us, for he loved us first. Secondly, by the Cruelty of our Enemies. Thirdly, by our Resignation-duty and love to him. These three Cords have bound me so fast, I cannot stir.

Upon Friends perswading him, to make some submission to the King, and to endeavour the obtaining of his Life; he said, If the King did not think himself more concern'd for his Honour and word, than he did for his Life, he was very willing they should take it. Nay, I de­clare (said he) that I value my Life less in a good Cause, than the King can do his Promise. And when some others were speaking to him, of giving some thousands of pounds for his Life; he said, If a thousand farthings would gain it, he would not give it: And if any should attempt to make such a bargain, he would spoil their market: For I think the King himself is so sufficiently obliged to spare my Life, that it is fitter for him to do it, than my self to seek it.

He rejoyced exceedingly, that God assisted him so eminently in bea­ring his Testimony with faithfulness even unto Death; and that he as willingly laid down his Life, and with as much satisfaction, as ever he went to bed. For in a natural sickness, Death seized on the body, with­out any consent of the mind; but this was a free action of his mind, without any constraint upon his body.

Mention being made to him of the cruel proceedings against him; Alas (said he) what ado they keep to make a poor creature like his Sa­viour! In discourse he said, If the shedding of my Blood, may prove an occasion of gathering together in one, the dispersed Interests and Rem­nant of the Adherers to this Cause (of whatever differing perswasions) I should think ten thousand Lives (if I had them) well spent in such a service.

He was much pleased in this consideration, That he was hastening to a place where God nor none of his, would be ashamed to own and re­ceive him. Here is nothing in this world (saith he) but reproaching and despising God's precious Saints; but in Heaven there is a good reception for them, where are Mansions prepared from the beginning of the world.

He said, You will shortly see God coming forth with Vengeance upon the whole Earth, Vengeance upon the outward-man of his Saints, and Vengeance upon the inward-man of his and their Enemies; and that shall perform greater execution, than was heretofore.

After his Sentence, he said to some Friends, God brought him up­on [Page 82] on three stages, (to wit, before the Court) and was now leading him to the fourth (his Execution-place) which was far easier and pleasanter to him than any of the other three.

Saturday June 14. 1662, being the day of his Execution, on Tower-Hill.

He told a Friend, god bid Moses go to the top of Mount Pisgah, and die; so he bid him now, go to the top of Tower-hill, and die.

Some passages of his Prayer with his Lady, Children, and other Friends in his Chamber.

MOst holy and gracious Father, look down from the habitation of thy Holiness; visit, relieve and comfort us thy poor Servants, here gathered together in the Name of Christ. Thou art rending this Vaile, and bringing us to a Mountain that abides firm. We are ex­ceeding interrupters of our own joy, peace and good, by the workings and reasonings of our own hearts. Thou hast promised, that thou wilt be a Mouth to thy People in the hour of Tryal: for thou hast required us, to forbear the preparatory agitations of our own minds, because it is not we that are to speak, but the Spirit of our heavenly Father that speaketh in us, in such seasons. In what seasons more, (Lord) than when thou callest for the Testimony of thy Servants to be writ in Cha­racters of Blood? Shew thy self in a poor weak Worm, by enabling him to stand against all the power of thy Enemies. There hath been a bat­tel fought with garments rouled in blood, in which (upon solemn Ap­peals on both sides) thou didst own thy Servants, though through the spirit of Hypocrisie and Apostacy, that hath sprung up amongst us, these Nations have been thought unworthy any longer to enjoy the fruits of that Deliverance. Thou hast therefore another day of decision, to come, which shall be wrought by fire. Such a battel is to begin, and be car­ried on by the Faith of thy People, yea, is in some sort, begun by the Faith of thy poor Servant, that is now going to seal thy Cause with his Blood. Oh that this decision of thine may remarkably shew it self in thy Servant at this time, by his bold Testimony and sealing it with his Blood. We know not what interruptions may attend thy Servant, but Lord, let thy Power carry him in a holy Triumph over all difficulties.

Thou art the great Judge and Law-giver; for the sake of thy Ser­vants therefore, O Lord, return on high, and cause a righteous Sen­tence to come forth from thy presence, for the relief of thy despised [Page 83] People. This, thy Servants with Faith and Patience wait for. The working of this Faith in us, causeth the Enemy to give ground already. If Death be not able to terrifie us from keeping a good Conscience, and giving a good Testimony against them, what can they do but stumble and fall backwards? The day approaches in which thou wilt decide this Controversie, not by Might nor by Power, but by the Spirit of the living God. This Spirit will make its own way, and run through the whole Earth. Then shall it be said, Where is the fury of the Oppres­sor? Who is he that dares or can stand before the Spirit of the Lord, in the mouth of his Witnesses? Arise, O Lord, and let thine Enemies be scattered. Thy poor Servant knows not how he shall be carried forth by thee this day, but, blessed be thy great Name, that he hath whereof to speak in this great Cause. When I shall be gathered to thee this day, then come thou in the Ministry of thy holy Angels that excel in strength. We have seen enough of this World, and thou seest, we have enough of it. Let these my Friends, that are round about me, commit me to the Lord, and let them be gathered into the Family of Abraham the Father of the Faithful, and become faithful Witnesses of those principles and Truths that have been discovered to them, that it may be known, that a poor weak Prophet hath been amongst them, not by the words of his mouth onely, but by the voice of his Blood and Death, which will speak when he is gone. Good Lord, put words into his mouth that may daunt his Enemies, so that they may be forced to say, God is in him of a Truth, and that the Son of God is in his heart, and in his mouth. My hour-glass is now turned up, the sand runs out apace, and it is my happiness that Death doth not surprize me. It is Grace and Love thou dost shew thy poor Servant, that thou hastenest out his time, and lettest him see it runs out with Joy and Peace. Little do my Enemies know (as eager as they are to have me gone) how soon their breaths may be drawn in.

But let thy Servant see Death shrink under him. What a glorious sight will this be in the presence of many Witnesses, to have Death shrink under him, which he acknowledgeth to be only by the power of the Resurrection of Jesus Christ, whom the bands of Death could not hold down? Let that Spirit enter into us that will set us again upon our feet, and let us be led into that way, that the Enemies may not know how to deal with us.

Oh! what abjuring of Light, what Treachery, what meanness of spirit has appeared in this day? What is the matter? Oh! Death is the matter. Lord, strengthen the Faith and Heart of thy poor Ser­vant, [Page 84] to undergo this dayes work with Joy and Gladness, and bear it on the Heart and Consciences of his Friends that have known and seen him, that they also may say, the Lord is in him of a truth.

Oh that thy Servant could speak any blessing to these three Nations. Let thy Remnant be gathered to thee. Prosper and relieve that poor handful that are in Prisons and Bonds, that they may be raised up and trample Death under foot. Let my poor Family that is left desolate, let my dear Wife and Children be taken into thy Care, be thou a Hus­band, Father and Master to them. Let the Spirits of those that love me, be drawn out towards them. Let a Blessing be upon these Friends that are here at this time, strengthen them, let them find Love and Grace in thine Eyes, and be increased with the Increasings of God. Shew thy self a loving Father to us all, and do for us abundantly, above and beyond all that we can ask or think, for Jesus Christ his sake. Amen.

Several Friends being with him in his Chamber this morning, he oft encouraged them to chearfulness, as wel by his example as expression. In all his deportment, he shewed himself marvellously fitted to meet the King of Terrors, without the least affrightment. But to shew where his strength lay, he said, he was a poor unworthy wretch, and had nothing but the Grace and Goodness of God to depend upon. He said, moreover, Death shrunk from him, rather than he from it. Upon the occasion of parting with his Relations, he said, There is some flesh remaining yet, but I must cast it behind me, and press forward to my Father.

Then one of the Sheriffs men came in and told him, There was no Sled to come, but he was to walk on foot.

He told his Friends, the Sheriffs Chaplain came to him at twelve of the clock that night, with an Order for his Execution, telling him, he was come to bring him that fatal Message of Death. I think (Friends) that in this Message was no dismalness at all; After the re­ceipt of which, I slept four hours so soundly, that the Lord hath made it sufficient for me, and now I am going to sleep my last, after which I shall need sleep no more.

Then Mr. Sheriff coming into the Room, was friendly saluted by him, and after a little pause, communicated a Prohibition that he said he had received, which was, That he must not speak any thing against his Majesty, or the Government. His Answer to this he himself relates on the Scaffold. He further told Mr. Sheriff, he was ready [Page 85] but the Sheriff said, he was not, nor could be this half hour yet; Then Sir, it rests on you, not on me (said Sir Henry) for I have been ready this half hour. Then the Shriff, at his request, promised him his servants should attend him on the Scaffold and be civilly dealt with, neither of which were performed, for (notwithstanding this promise) they were beaten and kept off the Scaffold, till he said, What? have I never a servant here?

After this, one of the Sheriffs men came and told him, there must be a Sled; to which Sir Henry replied, Any way, how they please, for I long to be at home, to be dissolved and to be with Christ, which is best of all. He went very chearfully and readily down the stairs from his Chamber, and seated himself on the Sled, (Friends and Servants standing about him) then he was forthwith drawn away towards the Scaffold. As he went, some in the Tower (Prisoners as well as others) spake to him, praying the Lord to go with him. And after he was out of the Tower, from the tops of houses and out of windows, the peo­ple used such means and gestures as might best discover at a distance, their respects and love to him, crying aloud, The Lord go with you, The great God of Heaven and Earth appear in you, and for you; whereof he took what notice he was capable in those circumstances, in a chearful manner accepting their respect, putting off his Hat and bowing to them. Being asked several times, how he did, by some about him, he answered, Never better in all my life. Another re­plied, How should he do ill that suffers for so glorious a Cause? To which a tall black man said. Many suffered for a better Cause; and may for a worse, said Sir Henry, wishing, That when they come to seal their better Cause (as he called it) with their Blood (as he was now going to seal his) they might not find themselves deceived; And as to this Cause, said he, it hath given Life in Death, to all the Own­ers of it, and Sufferers for it.

Being passed within the Rails on Tower-hill, there were many loud acclamations of the people, crying out, The Lord Jesus go with your dear Soul, &c. One told him, that was the most glorious Seat he ever sate on; he answered, It is so indeed, and rejoyced exceedingly.

Being come to the Scaffold, he chearfully ascends, and being up, af­ter the crowd on the Scaffold was broken in two pieces, to make way for him, he shewed himself to the People on the front of the Scaf­fold, with that Noble and Christian-like deportment, that he rather seemed a looker-on, than the person concerned in the Execution, In­somuch that it was difficult to perswade many of the People, that he [Page 86] was the Prisoner. But when they knew that the Gentleman in the black Sute and Cloak (with a Scarlet silk Wastcoat (the victorious colour) shewing it self at the breast) was the Prisoner, they generally admired that Noble and great Presence he appeared with. How chear­ful he is! said some; he does not look like a dying-man! said others; with many like speeches, as astonished with that strange appearance he shined forth in.

Then (silence being commanded by the Sheriff) lifting up his hands and eyes towards Heaven, and then resting his hands on the Rails, and taking a very serious, composed and majestick view of the great mul­titude about him, he spake as followeth.


Gentlemen, fellow-Countrymen, and Christians,

VVHen Mr. Sheriff came to me this morning, and told me he had received a Command from the King, that I should say nothing reflecting upon his Majesty or the Government; I answered, I should confine and order my Speech, as near as I could, so as to be least offensive, saving my faithfulness to the Trust reposed in me, which I must ever discharge with a good Conscience unto Death; for I ever valued a man, according to his faithfulness to the Trust re­posed in him, even on his Majesties behalf, in the late Controversie. And if you dare trust my discretion, Mr. Sheriff, I shall do nothing but what becomes a good Christian and an Englishman; and so I hope I shall be civilly dealt with.

When Mr. Sheriffs Chaplain came to me last night about twelve of the clock, to bring me, as he called it, the fatal Message of Death, it pleased the Lord to bring that Scripture to my mind, in the third of Zechary, to intimate to me, that he was now taking away my filthy garments, causing mine iniquities to pass from me, with intention to give me change of raiment, and that my mortal should put on Im­mortality.

I suppose you may wonder when I shall tell you that I am not brought hither according to any known Law of the Land. It is true, I have been before a Court of Justice, (and am now going to appear before a greater Tribunal, where I am to give an account of all my actions) under their Sentence I stand here at this time. When I was before them, I could not have the liberty and priviledge of an English­man, the grounds, reasons, and causes of the Actings I was charged [Page 87] with, duly considered: I therefore desired the Judges, that they would set their Seals to my Bill of Exceptions; I pressed hard for it again and again, as the Right of my self, and every free-born English-man, by the Law of the Land; but was finally denied it.—

Here Sir John Robinson (Lieutenant of the Tower) interrupted him, saying, Sir, you must not go on thus, and (in a furious manner, generally observed, even to the dis-satisfaction of some of their own attendants) said, that he railed against the Judges, and that it was a lye, and I am here (sayes he) to testifie that it is false.

Sir Henry Vane replied, God will judge between me and you in this matter. I speak but matter of Fact, and cannot you bear that? 'Tis evident, the Judges have refused to sign my Bill of Exceptions—Then the Trumpets were ordered to sound or murre in his face, with a contemptible noise, to hinder his being heard. At which Sir Henry (lifting up his hand, and then laying it on his breast) said, What mean you Gentlemen? is this your usage of me? did you use all the rest so? I had even done (as to that) could you have been patient, but seeing you cannot bear it, I shall only say this, That whereas the Judges have refused to seal that with their hands, that they have done; I am come to seal that with my Blood, that I have done. Therefore leaving this matter, which I perceive will not be born, I judge it meet to give you some account of my Life.

I might tell you, I was born a Gentleman, had the education, tem­per and spirit of a Gentleman, as well as others, being (in my youth­full dayes) inclined to the vanities of this world, and to that which they call Good-fellowship, judging it to be the only means of accom­plishing a Gentleman. But about the fourteenth or fifteenth year of my age, (which is about thirty four or five years since) God was pleased to lay the foundation or ground-work of Repentance in me, for the bringing me home to himself, by his wonderful rich and free Grace, revealing his Son in me, that by the knowledge of the onely true God, and Jesus Christ whom he hath sent, I might (even whilst here in the body) be made partaker of Eternal Life, in the first-fruits of it.

When my Conscience was thus awakened, I found my former course to be disloyalty to God, prophaneness, and a way of sin and death, which I did with tears and bitterness bewail, as I had cause to do. Since that foundation of Repentance laid in me, through Grace I have been kept steadfast, desiring to walk in all good Conscience towards God and towards men, according to the best light and understanding [Page 88] God gave me. For this, I was willing to turn by back upon my Estate, expose my self to hazards in Forreign parts; yea, nothing seemed difficult to me, so I might preserve Faith and a good Consci­ence, which I prefer before all things; and do earnestly perswade all people rather to suffer the highest contradictions from men, than dis­obey God, by contradicting the light of their own Conscience. In this, it is, I stand with so much comfort and boldness before you all this day, and upon this occasion; being assured, that I shall at last sit down in Glory with Christ, at his right hand. I stand here this day, to resign up my Spirit into the hands of that God that gave it me. Death is but a little word, but 'tis a great work to die, it is to be but once done, and after this cometh the Judgment, even the Judgment of the great God, which it concerns us all to prepare for. And by this Act, I do receive a discharge, once for all, out of Prison, even the Prison of the mortal body also, which to a true Christian is a burdensom weight.

In all respects, wherein I have been concerned and engaged as to the Publick, my design hath been to accomplish Good things for these Nations. Then (lifting up his eyes, and spreading his hands) he said, I do here appeal to the great God of Heaven, and all this As­sembly, or any other persons, to shew wherein I have defiled my hands with any mans Blood or Estate, or that I have sought my self in any publick capacity or place I have been in.

The Cause was three times stated.

1. In the Remonstrance of the House of Commons.

2. In the Covenant, the Solemn League and Covenant—Upon this the Trumpets sounded, the Sheriff catched at the Paper in his hand, and Sir John Robinson, who at first had acknowledged that he had nothing to do there, wishing the Sheriff to see to it, yet found himself something to do now, furiously calling for the Writers-Books, and saying, he treats of Rebellion, and you write it. Hereupon six Note-Books were delivered up. The Prisoner was very patient and composed under all these injuries and soundings of the Trumpets se­veral times in his face, only saying, 'Twas hard he might not be suf­fered to speak; but sayes he, my usage from man is no harder than was my Lord and Masters; And all that will live his life this day, must expect hard dealing from the worldly spirit—The Trumpets sounded again, to hinder his being heard. Then again Robinson and two or three others, endeavoured to snatch the Paper out of Sir Hen­ry's hand, but he kept it for a while, now and then reading part of it; [Page 89] afterwards, tearing it in pieces, he delivered it to a Friend behind him, who was presently forced to deliver it to the Sheriff. Then they put their hands into his pockets for Papers (as was pretended) which bred great confusion and dissatisfaction to the Spectators, seeing a Prisoner so strangely handled in his dying words. This was exceeding remar­kable, in the midst of all this disorder, the Prisoner himself was ob­served to be of the most constant, composed spirit and countenance, which he throughout so excellently manifested, that a Royallist swore, he dyed like a Prince.

The Prisoner, suspecting beforehand the disorder afore-mentioned, writ the main Substance of what he intended to speak on the Scaffold, in that Paper they catched at, and which he tore in pieces, delivering it to a Friend, from whom the Sheriff had it as above-said; the true Copy whereof, was by the Prisoner care­fully committed to a safe hand before he came to the Scaffold, which take as followeth.

THe Work which I am at this time called unto, in this place, (as upon a Publick Theater) is, to Die, and receive a Discharge, once for all, out of Prison; to do that, which is but once to be done; the doing or not doing of which well, and as becomes a Christian, does much depend upon the life we have been taught of God to lead, before we come to this: They that live in the Faith, do also die in it: Faith is so far from leaving Christians in this hour, that the work of it breaks forth then into its greatest power; as if till then, it were not enough at freedom to do its office, that is, to look into the things that are unseen, with most steadfastness, certainty, and delight; which is the great Sweetner of Death, and Remover of its Sting.

Give me leave therefore in a very few words, to give you an ac­count of my Life, and of the wonderful great Grace and Mercy of God, in bringing me home to himself, and revealing his Son in me; that by the knowledge of the only true God, and Jesus Christ whom he hath sent, I might (even whilst here in the body) be made par­taker of Eternal Life, in the first fruits of it; and at last sit down with Christ in Glory, at his right-hand.

Here I shall mention some remarkable passages and changes of my Life; In particular, how unsought for by my self, I was called to be a Member of the Long Parliament; what little advantage I had by it; and by what steps I became satisfied with the Cause I was en­gaged in, and did pursue the same.

[Page 90] What the Cause was, did first shew it self, in the first Remonstrance of the House of Commons.

Secondly, in the Solemn League and Covenant.

Thirdly, in the more refined pursuit of it by the Commons House, in their Actings single: with what Result they were growing up into, which was in the breast of the House, and unknown; or what the three Proposals, mentioned in my Charge, would have come to at last, I shall not need now to say; but only, from all put together, to as­sert, That this Cause which was owned by the Parliament, was the CAUSE of GOD, and for the Promoting of the Kingdom of his dear Son, JESUS CHRIST; wherein are comprehended our Liberties and Duties, both as Men and as Christians.

And since it hath pleased God, who separated me from the womb to the knowledge and service of the Gospel of his Son, to separate me also to this hard and difficult service at this time, and to single me out to the defence and justification of this his Cause, I could not consent by any words or actions of mine, that the innocent Blood that hath been shed in the defence of it, throughout the whole War, (the Guilt and moral evil of which, must and does certainly lye some­where) did lye at my door, or at theirs that have been the faithful Ad­herers to this Cause. This is with such evidence upon my heart, that I am most freely and chearfully willing, to put the greatest Seal to it I am capable, which is, the pouring out of my very Blood in witness to it; which is all I shall need to say in this place, and at this time, having spoken at large to it in my Defence at my Tryal, intending to have said more the last day, as what I thought was reasonable for Arrest of the Judgment, but I was not permitted then to speak it; Both which may with time and God's providence, come to publick view.

And I must still assert, That I remain wholly unsatisfied, that the course of proceedings against me at my Tryal were according to Law, but that I was run upon and destroyed, contrary to Right, and the Li­berties of Magna Charta, under the form only of Justice: which I leave to God to decide, who is the Judge of the whole World, and to clear my Innocency; Whilst in the mean time, I beseech him to for­give them, and all that have had a hand in my Death; and that the Lord in his great mercy will not lay it unto their charge.

And I do account this Lot of mine no other, than what is to be expected by those that are not of the World, but whom Christ hath chosen out of it; for the Servant is not greater than his Lord; And if they have done this to the green tree, they will do it much more to the dry.

[Page 91] However, I shall not altogether excuse my self. I know, that by many weaknesses and failers, I have given occasion enough of the ill usage I have met with from men, though, in the main, the Lord knows the sincerity and integrity of my heart, whatever Aspersions and Reproaches I have or do lye under. I know also that God is just, in bringing this Sentence and Condemnation upon me, for my sins; there is a body of sin and death in me, deserves this Sentence; and there is a similitude and likeness also, that, as a Christian, God thinks me worthy to bear with my Lord and head, in many circumstances in reference to these dealings I have met with, in the good I have been endeavouring for many years to be doing in these Nations, and especially now at last, in being numbred amongst transgres­sors and made a publick Sacrifice, through the wrath and contradictions of men, and in having finished my course, and fought the good fight of Faith, and resisted in a way of suffering (as you see) even unto blood.

This is but the needful preparation the Lord hath been working in me, to the receiving of the Crown of Immortality, which he hath prepared for them that love him, The prospect whereof is so chearing, that through the Joy (in it) that is set before the eyes of my Faith, I can, through mer­cy, endure this Cross, despise this Shame, and am become more than Con­querour, through Christ that hath loved me.

For my Life, Estate and all, is not so dear to me as my Service to God, to his Cause, to the Kingdom of Christ, and the future welfare of my Country; and I am taught according to the Example, as well as that most Christian saying of a Noble Person that lately died after this publick manner in Scotland; ‘How much better is it to chuse Affliction and the Cross, than to sin or draw back from the Service of the Living God, into the wayes of Apostacy and Perdition.’

That Noble Person, whose Memory I honour, was with my self at the beginning and making of the Solemn League and Covenant, the Matter of which, and the holy Ends therein contained, I fully assent unto, and have been as desirous to observe; but the rigid way of prosecuting it, and the oppressing Uniformity that hath bin endeavored by it. I never approved.

This were sufficient to vindicate me from the false Aspersions and Ca­lumnies which have been laid upon me, of Jesuitism and Popery, and al­most what not, to make my Name of ill savour with good men; which dark mists do now dispel of themselves, or at least ought, and need no pains of mine in making an Apology.

For if any man seek a proof of Christ in me, let him reade it in his action of my Death, which will not cease to speak when I am gone; And henceforth let no man trouble me, for I bear in my body the marks of the Lord Jesus.

[Page 92] I shall not desire in this place to take up much time, but only, as my last words, leave this with you: ‘That as the present storm we now lie under, and the dark Clouds that yet hang over the Reformed Churches of Christ, (which are coming thicker and thicker for a season) were not un-fore-seen by me for many years passed, (as some Writings of mine declare:) So the coming of Christ in these Clouds, in order to a speedy and sudden Revival of his Cause, and spreading his Kingdom over the face of the whole Earth, is most clear to the eye of my Faith, even that Faith in which I dye, whereby the Kingdoms of this world shall become the Kingdom of our Lord, and of his Christ. Amen. Even so, come, Lord Jesus.’

Some Passages of his PRAYER on the Scaffold.

THe Heaven is thy Throne, O Lord, and the Earth is thy footstool, but to this man wilt thou look, even to him that is poor, and of a contrite spirit, and trembleth at thy Word. Thou, O Lord, art the great God of Heaven and Earth, thou fillest all places with thy presence, art the Judge of the whole World, and dost Righteousness. We are poor unworthy sinful creatures, by nature children of wrath as well as others: We are wise to do evil, but to do good we have no knowledge. If to will be pre­sent with us, yet how to perform and go through with that which is good, and not be weary of well-doing, we find not.

Bring us, O Lord, into the true mystical Sabbath-state, that we may cease from our own works, rest from our labors, not think our own thoughts, find our own desire, or walk in the way of our own hearts, but become a meet habitation of thy Spirit by the everlasting Covenant, the place of thy Rest. Let the Spirit of God and of Glory, that is greater than he that is in the world, rest upon us, work in and by us mightily, to the pulling down of flesh and blood, the strong holds of Sin and Satan in our selves and others, causing us so to suffer under the Fire-Baptism thereof, as that we may cease from sin for ever, or from that fleshly, mutable, & temporary state of life and righteousness, which at best is liable to roul back into sin again, to be intangled, overcome, and finally triumphed over by the pollutions of this world. Deliver us, O Lord, from the Evil One, deliver us from our selves, take us out of our own dispose, our own liberty and power, the free­dom, the mutable holiness and righteousness of the sons of men, at its best, and bring us into the most glorious Liberty, the most holy immutable and righteous state of the sons of God, a freedom to Good only, and non at all to [Page 93] evil, attended and accompanied with a power in us, through thy Spirit, of doing all things for the Truth, and a disability brought upon us as to the doing of any thing against the Truth, in the single power and freedom of our own spirit. Then the prince of this world coming to us, will find nothing in us; at least, no prevailing activity of self, nature or flesh, which at best, is capable to be made by him an ergin of opposition to the Kingdom of Christ, and our own true blessedness. Thou hast laid on thy Son the iniquities of us all; by his st [...]ipes we are healed. We must all stand before the Judg­ment-Seat of Christ, to give an account of what we have done in the body whether it be good or whether it be evil. He will bring every secret coun­sel to light; things that are wrought in darkness, he maketh plain and evi­dent. Thine eyes, O Lord, run to and fro through the whole earth. Thine eyes do behold, thine eye-lids try the children of men. The wicked and him that loveth violence, thy soul hateth. But thou upholdest the poor and needy, him that is of a broken heart and of a contrite spirit. The humble and lowly thou wilt teach, the meek thou wilt guide in Judgment; thou wilt beautifie the meek with Salvation. Thou art the supream disposer of all the Kingdoms of men, giving them to whomsoever thou wilt. Whatever cross-blows thou sufferest to be given thy People for a season, thou orderest all, to thy own glory, and their true advantage. But thou hast a set time for Sions deliverance, in which the greatness of the Kingdom under the whole Heaven, shall be given unto the best and choicest of men, the people of the Saints of the most high, whose Kingdom is an everlasting Kingdom. Let the exceeding near approach of this, bear up the spirits of thy poor de­spised ones, in this day of extremity and suffering, from sinking and despon­dency. Carry them through their suffering part, with a holy triumph, in thy Chariots of Salvation. How long, O Lord, holy and true? make hast to help the Remnant of thy People. Break the Heavens and come down, touch the Mountains of prey, the Kingdoms of this evil world, and let them smoak. Let the mouth of all Iniquity be stopped. Silence every one that stands up against thee. Rebuke the debauched prophane spirits of men, that set themselves to work wickedness, running with greediness into all filthiness and superfluity of naughtiness. They eat thy People as they eat bread. They are profound to make slaughter, skilful to destroy, though thou hast been the rebuker of them all. But, Lord, be this dispensation of what continuance it will, for the serving of thy most gracious and wise de­signs, let the spirit and resolution of thy Servants be steady and unchange­able, that whether they live, they may live to the Lord, that died for them; or whether they die, they may die to the Lord, who lives for ever to make intercession for them, that they may glorifie thee with their bodies and spi­rits, whether by life or by death.

[Page 94] Thou knowest O Lord, that in the Faith of Jesus, and for the Truth as it is in Jesus, thy Servant desires to die, walking in the steps of our father Abraham, and for Righteousness and Judgment, following the Lord in all his wayes whithersoever he goes, worshipping the God of his believing fa­thers, Abraham, Isaac and Jacob, in that way which men call Heresie. In this Faith, dear Lord, I have lived, and in this Faith and Profession I die, as one that hath herein stood up for the Testimony of JESUS against all Idolatry, Superstition, Prophaness and Popery, or whatever is unsound or unfit to be brought before the Throne of so great and glorious a Majesty. 'Tis in this Faith that thy Servant dies. Now set thy Seal to it, and re­move the reproaches and calumnies with which thy Servant is reproached, for thou knowst his innocency. Dear Father, thou sentest us into this world, but this world is not our home, we are strangers and pilgrims in it, as all our fathers were. We have no abode here, but there is a house, not made with hands, eternal in the heavens, that when this tabernacle is dissolved, we may enter into. In our Fathers house are many mansions; Oh! what­ever the curses and condemnations of the Law are, be thou near to us, and spread the Righteousness of Christ over us, and we shall be safe. Blessed is he, whose transgressions are forgiven, and whose sins are covered. Who wil speak, who will take on him to say any thing, or to plead with Thee, upon any other terms but in the Name and Merits of the mighty Redeemer, on whom our help is laid. We desire to lie low, to be abased and take shame & con­fusion of face to our selves, as that which properly belongs to us, that Thou alone maist be exalted and advanced. 'Tis of meer Grace, O Lord, that thy Servant hath now some sign of thy special Salvation, even thy free-Grace, O God, whereby thou dost accept him in thy Son. Lay him low and humble & abase his soul for his sins, and all his unworthinesses before thee. Men cannot speak evil enough of our sins. In this perswasion, this abase­ment and humiliation, thy Servant desires to die. And, dear Lord, thou seest & knowst all things, and art able to witness to the truth & integrity of thy Servant. When his blood is shed upon the Block, let it have a voice afterward, that may speak his Innocency, and strengthen the Faith of thy Servants in the Truth. Let it also serve for conviction to the worst of thy Enemies, that they may say, Surely the Lord knows, and the Lord owns his Servant, as one that belongs to him. The desire of our soul is to hasten to thee, O God, to be dissolved, that we may be with Christ. Blessed be thy Name, that this great strait that we were before in, is now determined; that there is no longer abode for me in this mortal body. Our great Cap­tain, the great General of our souls, did go in a way of affliction before us, to Heaven. Come, Lord, declare thy Will, that thy poor Servant may ma­nifest [Page 95] a readiness to come to Thee; Prepare his heart, that in his access to Thee may, he be brought down at thy feet, in shame & confusion for all the evil is so of hul; but Thou art his salvation. Let thy Servant speak some­thing on the behalf of the Nation wherein he hath lived; Lord, did we not exceed other Nations in our day? Great things have been done by thee in the midst of us. Oh, that thou wouldst look down in pity & compassion, and pardon the sins of this whole Nation, and lay them not to their charge; shew them what is thy good and acceptable Will, and bring them into sub­jection thereunto. We humbly pray thee, O Lord, look down with compassion upon this great & populous City, cleanse away the impurity, sinfulness and defilements thereof; cause their souls to delight in thy Word, that they may live. Let a spirit of Reformation and Purity spring up in and amongst them with power; make them willing to lay down all that is dear to them for thee, that Thou mayst give them a Crown of Life; that they may always desire & chuse affliction, and to be exposed to the worst condition & hardest circumstances, that can be brought upon them in this world, rather than sin against him that hath loved them and bought them with a price, that they might live to him in their bodies and in their spirits.

We are assured Thou knowest our suffering case and condition, how it is with us. We desire to give no just occasion of offence, nor to provoke any, but in meekness to forgive our Enemies. Thy Servant that is now falling asleep, doth heartily desire of thee, that thou wouldest forgive them, and not lay this sin to their charge.

Before the stroke, he spake to this effect; I bless the Lord who hath accounted me worthy to suffer for his Name. Blessed be the Lord that I have kept a conscience void of offence to this day. I bless the Lord I have not disserted the Righteous Cause, for which I suffer.

But his very last words of all at the Block, were as followeth; Father, glorifie thy Servant in the sight of men, that he may glorifie thee in the discharge of his Duty to Thee and to his Country.

It was observed, that no signs of inward fear appeared by any trem­bling or shaking of his hands, or any other parts of his body, all along on the Scaffold. Yea, an ancient Traveller and curious observer of the demeanor of persons in such publick Executions, did narrowly eye his Countenance to the last breath, and his Head immediatly after the separa­tion; he observed that his Countenance did not in the least change: and whereas the Heads of all he had before seen, did some way or other move after severing, which argued some reluctancy and unwillingness to that parting-blow; the Head of this Sufferer lay perfectly still, immediately [Page 96] upon the separation: on which he said to this purpose, That his Death was by the free consent and act of his mind; which Animadversion no­tably accords with what the Sufferer himself had before expressed, in dif­ferencing a death by rational choice, from that by sickness, which is with constraint upon the body. He desired to be dissolved & to be with Christ.

The Names of the Grand Jury, in the Case of Sir Henry Vane.

SIr John Cropley of Clarkenwel, London, Knight and Baronet. Thomas Taylor of St. Martins in the Fields, London, Esq Francis Swift of St. Gyles in the Fields, Esq. Jonas Morley of Hammersmith, Gent. George Cooper of Covent Garden, Gent. Thomas Constable of Covent Gar­den, Gent. Edward Burrows of East-Smithfield, Gent. Michael Dibbs of the same, Gent. Edward Gregory of St. Gyles in the Fields, Gent. Richard Freeman of Istington, Gent. Thomas Pitcock of the same, Gent. Richard Towers of Clarkenwel, Gent. Robert Vauce of Paddington, Gent. Thomas Benning of Wilsdon, Gent. Francis Child of Acton, Gent. Isaac Cotton of Bow, Gent. Peter Towers of Mile-end, Gent. Thomas Ʋffman of Hammersmith, Gent. Matthew Child of Kensington, Gent. Bryan Bon­naby of Westminster, Gent. George Rouse of St. Gyles in the Fields, Gent. Twenty one in all.

The Names of the Petty Jury.

Sir William Roberts. Sir Christopher Abdy. John Leech. Daniel Cole. John Stone. Daniel Brown. Henry Carter. Thomas Chelsam. Thomas Pitts. Thomas Upman. Andrew Brent. William Smith.

Judges of the King's Bench.

Chief Justice Foster. Justice Mallet. Justice Twisden. Justice Windham.

The Kings Counsel against the Prisoner; (no Counsel being permi­ted to speake one word in his behalf, to the matter or form of the Indictment, or any thing else.)

Sir Geoffry Palmer, the King's Attorney General. Sir Henneage Fynch, the King's Sollicitor General. Sir John Glyn. Sir John Maynard. Sir William Wild. Serjeant Keeling.

Witnesses against Sir Henry Vane.

Marsh, a Papist, 'tis said; who witnessed what was accounted most dangerous against the Prisoner, as to change of Government.

William Dobbins. Mathew Lock. Thomas Pury. Thomas Wallis. John Coot.

The Peoples Cause Stated.

HE in whom is the Right of Soveraign, and to give Law, is ei­ther so of himself, or in the Right of another, that may de­rive the same unto him; which shews that there are two sorts of Soveraings.

A Soveraign in the first sense, none is nor can be, but God, who is of himself most absolute. And he that is first of all others in the second sence, is the Man Christ Jesus, to whom the Power of So­veraign, in the Right of the Father is committed, over all the Works of Gods hands. Christ exercised the same in the capacity of David's Root from before the beginning of the World. He owne; himself thus to be, long before he became David's Seed; This his being in Spirit, or hidden being, even as a Creature, the first of all Creatures in personal Union with the Word, David saw and ac­knowledged, Psal. 110. 1. Thus Christ may be called God's Lieu­tenant Soveraign, or General Vicegerent of his Supremacy over all in Heaven and in Earth. He therefore is the true Universal King and Root of all Soveraign and just Governing Power, whe­ther in Heaven or on Earth.

His Soveraignty is unquestionable and unaccountable, because of the Perfection of his Person, carrying in it an aptitude and suffi­ciency to Govern, without possibility of Error or Defect of any kind. Soveraign and Governing Power doth necessarily relate to Subjects, that are to be the Ruled, and Subjects capable of such Government. Therefore when God himself purposes within him­self, to be Supream Legislator and Governour, he doth withal pur­pose the Being and Creation of both Worlds, as the Subject mat­ter of his Kingdom. He propounds to Govern his Subjects by and with their own consent and good liking; or, without and against it, in the way of his revenging Justice; Governing by Laws, clear­ly stating and ascertaining the Duty or the Offence, as also the Re­wards and Penalties.

Herein Just Government consists, or the Justice of Government; for he that Rules over others, must be Just; and indeed should be seen to be so in all his Commands: so seen, as to render the Con­sciences of the Ruled, and those whose duty it is to Obey, inexcu­sable before God and before Men, if they Dissent or Resist.

[Page 98] Inexcusable they are before God, because the matter Commanded is the matter of God's Law, & therefore just to be obeyed. They are also Inexcusable before Men, that which is required of them being generally acknowledged and affirmed (by those in whom the com­mon consent of the Subjects is intrusted to that end) to be Just, and Reasonable, and therefore to be Obeyed. For the end of all Government, being for the Good and Welfare, and not for the De­struction of the Ruled; God who is the Institutor of Government, as he is pleased to Ordain the Office of Governors, intrusting them with Power to command the Just and Reasonable Things, which his own Law Commands, that carry their own evidence to com­mon Reason and Sense, at least, that do not evidently contradict it, so he grants a Liberty to the Subjects, or those that by him are put under the Rule, to refuse all such Commands as are contrary to his Law, or to the judgement of common Reason and Sense, whose trial he allows, by way of assent or dissent, before the Com­mands of the Ruler shall be Binding or put in Execution; and this in a Co-ordinacy of Power with Just Government, and as the due Ballance thereof. The Original Impressions of Just Laws are in Mans Nature and very Constitution of Being. Man hath the Law in his Mind, (or the Superior and Intellectual part of him) con­vincing and bringing that into obedience and subjection to the Law of God, in Christ himself. He hath also that which is a Law in his Members that are on the Earth, (or his earthly and sensual part) whose Power is Co-ordinate with the other, but such, that if it be not gained into a Harmony and Conjunction with its Head, the Spirit or Mind of man, hath ability to let and hinder his Mind or Ruling part, from performing and putting in execution, that which is good, just, fit, and to be acknowledged as the righte­ous dictates of the Mind, which ought to be the Ruling Power, or Law to the Man. So in the outward Government over Man, the secondary or co-ordinate Power, concurring with that which is the chief ruling Power, is essential to Just Government; and is acknow­ledged to be so, by the Fundamental Constitution of the Govern­ment of England, as well as in the Legal Being and Constitution of Parliaments, whether that which hath been usual and ordinary, according to the Common Law; or that which of late hath been Extraordinary, by express Statute, for the continuance of the Par­liament, 17. Car. until dissolved by Act of Parliament.

For together with the Legal Being which is given to Regal [Page 99] Power and the Prerogative of the Crown, there is the Legal Pow­er and Being reserved also unto that Body, which is the Peoples or Kingdoms Representative, who are the Hands wherein that which is called Power Politick is seated, and are intrusted with giving or with holding the common Consent of the whole Nation, accord­ing to the best of their Understandings, in all matters coming be­fore them, and are to keep this Liberty Inviolate and Entire, a­gainst all Invasions or Encroachments upon it, whatsoever.

This second Power in the very Writ of Summons for calling a Parliament, is declared to be of that Nature, that what the first doth without obtaining the Consent and Approbation of the se­cond, in Parliament, is not binding but ineffectual. And when the Representative Body of the Kingdom, (in and with whom, this Power is intrusted, as the Due and Legal Ballance and Boundary to the Regal Power, set and fixed by the Fundamental Constituti­on) is made a standing Court, and of that Continuance, as not to be dissolvable but by its own consent; during such its continuance, it hath right to preserve it self from all violent and undue Disso­lution, and to maintain and defend its own Just Priviledges, a chief of which is, to binde or loose the People, in all matters good or hurtful to them, according to their best Judgement and discretion.

In the exercise of this their Trust, they are Indemnified by Law, and no hurt ought to come unto them; that Governing Pow­er, which is originally in God, and slowes at first from him, as the sole and proper Fountain thereof, is brought into exercise amongst men, upon a differing and distinct account.

First, As it is a Trust and Right derived conditionally from God to his Officers and Ministers, (which therefore may be lost) who being called by him, and in the course of his Providence, to the exercise of it, are to hold it of him the Universal King, and to own themselves in the exercise thereof, as his Vicegerents, to cut off by the Sword of Justice evil-doers; and to be a Protection and en­couragement to them that do well. But because it is part of God's Call of any person to this high Trust, to bring him into the posses­sion and free Exercise thereof, by the common consent of the Body of the People, where such Soveraign Power is set up, unless they have forfeited this Liberty. Therefore,

Secondly, God doth allow and confer by the very Law of Na­ture, upon the Community or Body of the People (that are re­lated [Page 100] to, and concerned in the right of Government, placed over them) the Liberty by their common Vote or Suffrage duely given, to be Assenters or Dissenters thereunto, and to Affirm and make Stable, or Disallow and render Ineffectual, what shall apparently be found by them to be for the good or hurt of that Society, whose welfare next under the justice of God's Commands and his Glory, is the Supream Law, and very end of all Subordinate governing Power.

Soveraign Power then comes from God, as its proper Root, but the restraint or enlargement of it, in its Execution over such or such a Body, is sounded in the common consent of that Body.

The Office of chief Ruler, or Head over any State, Common­wealth, or Kingdom, hath the Right of due Obedience from the People inseparably annexed to it. It is an Office, not onely of Di­vine Institution, but for the Safety and Protection of the whole Body or Community, and therefore justly and necessarily draws to it, and engages their Subjection.

This Office of the Soveraign, according to the Laws, and Funda­mental Constitutions of the Government of England, is ministred by the King in a twofold Capacity, as his Will and personal Com­mand is in Conjunction and Agreement with his People in Parlia­ment, (during the Session thereof) or as it is in Conjunction and Agreement with the Law, the Parliament not Sitting. But his Will and Personal Command single, in dis-junction and disagree▪ from the Parliament or the Laws, hath not the force of a Law, saith Fortescue, and gives the Reason of it, Because this is a limit­ted Monarchy, where the King's Power (as to the exercise of it) is onely a Power Politick.

The Obedience then which from the Subject is due to the King, and which they are sworn to perform by the Oath of Alle­giance, is to him, in the ministry of the Royal Office, accor­ding to the reason and intent of the Fundamental Compact and Constitution, and according to his own Oath, which is to Govern by Law; that is, to Exercise his Rule or Royal commanding Pow­er, in Conjunction and Agreement with the Parliament when sit­ting, and in Conjunction, and Agreement with the Laws of the Land, they not sitting. To exercise his Power otherwise, is and hath been alwayes judged a grievance to the People, and a going against that which is the original Right and just Liberty of the Community, who are not to be bound to such personal Com­mands [Page 101] at will and pleasure, nor compelled to yield Obedience thereunto.

The contrary hereunto was the Principle at bottom of the Kings Cause, which he endeavoured to uphold and maintain, in order to decline and lay aside the Legal Restraints as aforesaid, which the Government of England by the Fundamental Constitution, is sub­jected unto, as to the exercise and ministery of the Royal Office.

From the Observation and Experience which the Pople of En­gland had, and made many years together, by their Representatives in Parliament, of a desire in the King to shake off these Legal Re­straints in the Exercise of the Regal Power, and on their having tried the best wayes and means that occurred to their Understand­ings, to prevent the same, and to secure to themselves the enjoy­ment of their Just Rights and Liberty, they at last pitch'd upon the desiring from the King, the continuance of the sitting of the Parliament called, November 3d 1640, in such sort as is expressed in that Act, 17. Car. wherein it is provided, That it shall not be Discontinued or Dissolved, but by Act of Parliament.

This was judged by them, the greatest Security imaginable, for keeping the ministry of the Royal Office within its due Bounds; and for quieting the People in the enjoyment of their Rights. But experience hath shewed, that this yet could not be done without a War, the worst and last of Remedies. For although their Continu­ance as the Representative Body of the Kingdom, with the Right to exercise the Power and Priviledges inherent in, and inseparable from that Supream Court and Chief Senate (whereof the King is Head, both making but one Person or Politick Body in Law) yet they themselves, as well as the King, were bound by the Fun­damental Constitution or Compact, upon which the Government was at first built; containing the Condition upon which the King accepted of the Royal Office, and on which the People granted to him the Tribute of their Obedience and due Allegiance. This Condition, (as the Lawes and Experience declare) is, that the King shall exercise his Office of Rule over them accord­ing to the Laws, as hath been shewed, and as he and his People shall from time to time agree in Common Council in Parliament, for that end assembled. In respect hereof, the Laws so made, are called the Concords or Agreements passed between the King and the Subject, in the 3d part of Cooks Institutes.

[Page 102] These Agreements then are the Standard unto the Kings Rule and the Peoples Obedience, signifying the justice of his Com­mands, and the dueness of their Allegiance.

But the case so happening, that this Conjunction and Agree­ment which ought to be found between the personal Will of the King, and Representative Will of the Kingdom, failing, and these two Wills declaring themselves in Contrariety and Opposition, both of them becoming standing Powers, Co-ordinate and distinct parts of the Supremacy, as the two Channels wherein the Suprema­cy is placed and appointed to run, as to its exercise, by the Funda­mental Constitution; hence sprang the War, each asserting and endeavouring to defend and maintain their own part and right, which ought not to be kept up in dis-junction and contrariety, but in Unity and Agreement each with other. These two Parties with their Adherents, in this Case, may be according to the Law, Con­trarients one towards another, as the Law affords an Example, in the Preamble to Cook's 4th Part of his Institutes (not properly Traytors) being co-ordinate Powers, parts of the Supremacy, that are the Heads to each Party; and by consequence have a right of making a War, as their last Appeal, if they cannot otherwise agree.

Being once entred thus into a state of War and actual Enmity, they do as it were become two Nations, and cease to be under the Obligations they were in before, for during this state of War and Enmity, the standing Laws (in a sort) cease, and a new way of Rule each Party Forms to himself and his Adherents, as may best consist for each of their Safeties and Preservations.

Upon this Dis-junction of the two Wills, in the Harmony and Agreement whereof, the Supremacy is placed, these following Queries do naturally arise;


To which, or Whether of these by Law is the Allegiance required as due? Is it to be yeilded to the Personal Will of the King single, in dis­junction from the Will of the Representative Body of the Kingdom, or to the Will of the People, in dis-junction from the Will of the King? Or is it to the Personal Will of the King, in conjunction with the Laws, though in opposition and contrariety to the Will of the Kingdoms Representative in Parliament Assembled? Or is it to the Will of the Kingdomes Re­presentative, in conjunction with the Laws, though in opposition to the Personal Will of the King?

[Page 103] The Second Querie is,

In whose Judgement in this case are the People by Law to acquiesce, as to the declaring with whom the Laws are? Whether the Personal Judgement of the King single, or the Vote of the Senate, that is, the Kingdoms Representative Body?

The Third Querie is,

With whom will the Laws be found to go in this Case, so rare, unusu­al, and never happening before, and who is the Proper and Competent Judge? Also, whether the Laws be not perfectly silent, as never sup­posing such a Case possible to happen, by reason that the Power used by the one for Dissolving the other, never before suffered the Opposition to rise so high?

The Fourth Querie is,

Whether he, in this Case, that keeps his Station and place of Trust, wherein God and the Law did set him, with care to demean himself ac­cording to the best of his Vnderstanding, agreeably to the Law and Customes of Parliament, and pursuant to their Votes and Directions, (so long as they sit and affirm themselves to be a Parliament) and uses his best endeavours in the exercise of that publick Trust, that no Detri­ment in the general come unto the Common-wealth by the failer of Justice, and the necessary Protection due from Government, without any designing or intending the Subversion of the Constitution, but onely the securing more fully the Peoples Liberties and just Rights, from all fu­ture Invasions and Oppressions, be not so far from deserving to be judged Criminal in respect of any Law of God or Man, that he ought rather to be affirmed One that hath done his Duty, even the next best that was left to him, or possible for him to do, in such a dark stormy season, and such difficult Circumstances?

As to the Right of the Cause it self, it ariseth out of the matter of Fact that hath happened, and by the Just and Wise Providence of God, hath been suffered to state it self, in the Contest between the Personal Will and declared Pleasure of the King, on the one Hand, and the publick Will or Vote of the People in Parliament, on the other, declaring it self either in Orders or Ordinances of both Houses, or in the single Act of the House of Commons, assert­ing it self a Parliament, upon the Grounds of the Act, 17 Car. providing against its dissolution.

This will appear with the more evidence and certainty, by con­sidering wherein either part had a wrong Cause, or did or might do that which was not their Duty; taking the measure of their Duty [Page 104] from what as well the King as the Peoples Representative are ob­liged unto, by the Fundamental Constitution of the Government, which binds them in each of their Capacities and distinct Exerci­ses of their Trust, to intend and pursue the true good and welfare of the whole Body or Community as their End. This (in effect) is to detain the People in Obedience and Subjection to the Law of God, and to guide them in the wayes of Righteousness unto God's well-pleasing: and to avoid falling out or disagreeing about the Way or Means leading to that End.

Hence that party which in his or their actings was at the great­est distance from, or opposition unto this end, and wilfully and un­necessarily disagreed and divided from the other, in the Ways and Means that were most likely to attain this End; they were assured­ly in the Fault, and had a Wrong Cause to mannage, under what ever Name of Face of Authority it was Headed and Upheld. And such a Wrong Cause was capable of being espoused and mannaged under the face of Authority, as might be pretended unto by either part. For as the King (insisting upon his Prerogative, and the binding force which his personal Will and Pleasure ought to have, though in distinction from, and opposition to his Parliament) might depart from the end of Government, answerable to his Trust, and yet urge his Right to be obeyed; So the publick Will of the Peo­ple, exercised in and by the Vote of their Representative in Par­liament, asserting it self to be of a binding force also, and to have the place of a Law, though in distinction from the King and Laws also, (as saith the King) whatever otherwise by them is preten­ded, might also depart from the true end of Government, answer­able to their Trust, and yet insist upon their Right to be Obeyed and submitted unto; and having Power in their hands, might un­duely go about also to compel Obedience. It is not lawful either for King or Parliament to urge Authority and compel Obedience as of Right in any such Cases, where (according to the Law of Na­ture) the People are at Liberty, and ought to have a Freedom from yeelding Obedience, as they are and ought to have when ever any would compel them to disobey God, or to do things that evi­dently in the eye of Reason and common sense, are to their hurt and destruction. Such things Nature forbids the doing of, having for that very purpose, armed Man with the defensive Weapon of refusing to consent and obey, as that Priviledge, whereby Man is distinguished from a Beast; which, when he is deprived of, he is [Page 105] made a Beast, and brought into a state of perfect Servitude and Bondage.

Such a state of Servitude and Bondage may by God's just Judge­ment, be inflicted upon man for sin and the abuse of his Liberty, when by God restored. The Liberty which man was at first created in, is that Priviledge and Right which is allowed to him by the Law of Nature, of not being compelled under any pretence whatsoever to sin against God, or to go against the true good and welfare of his own Being; that is to say, of his inward or outward man, but in both these cases, to have and to use his just Liberty, to Dissent and refuse to Obey.

For this every man hath that in himself, which by God is made a proper and competent Judge. For, as to all sin against God, and the righteousness of his Law, the Light of Conscience, that is to say the Work of the Law, in and upon the Mind or inward Sense, and in conjunction with it, doth lighten every one that cometh in­to the World, accusing or excusing, if it be but hearkened unto, and kept awake. And for all such actings, as tend to the ruine and destruction of man, in his outward and bodily concerns, and as he is the Object of Magistratical Power and Jurisdiction, e­very man hath a Judgement of common Sense, or a way of discern­ing and being sensible thereof, common to bruit Beasts, that take in their Knowledge by the door of their Senses, but is much height­ned and enobled in man, by the personal union it is taken into, with his intellectual part, and intuitive way of discerning things, through the inward reflectings of the mind, compared with the Law of God. This inferiour Judgement in man, when it is conjoyned with, and confirmed by the Judgement of his Superiour part, is that which we call Rational, or the dictates of right Reason, that man hath a natural right to adhere unto, as the ordinary certain Rule, which is given him by God to walk by, and against which he ought not to be compelled, or be forced to depart from it, by the meer Will and Power of another, without better Evidence; that is, a higher, a greater, or more certain way of discerning. This there­fore in Scripture is called, Man's Judgement, or Man's Day, in di­stinction from the Lord's Judgement, and the Lord's Day. And this is that, in every individual man, which in the collective Body of the People, and meeting of Head and Members in Parliament, is called, The Supream Authority, and is the publick reason and will of the whole Kingdon; the going against which, is, in Nature as well as by the Law of Nations, an offence of the highest rank, [Page 106] amongst men. For it must be presumed, that there is more of the Wisdom and Will of God in that publick Suffrage of the whole Nation, than of any private Person or lesser collective Body, what­soever, not better quallified and principled. For Man is made in God's Image, or in a likeness, in Judgement and Will, unto God himself, according to the measure that in his nature he is propor­tioned and made capable to be the receiver and bearer thereof. Therefore it is, that the resisting and opposing either of that Judge­ment of Will, which is in it self Supream, and the Law to all o­thers, (or which bears so much proportion and likeness to the Su­pream Will, as is possible for a Society and community of Men a­greeing together for that end, to contrive and set up for an admi­nistration thereof unto them) is against the duty of any member of that Society, as well as it is against the duty of the Body of the whole Society, to oppose its Judgement and Will to that of the Supream Law-giver, their highest Soveraign, God himself.

The highest Judgement and Will, set up by God, for Angels and Men in their particular beings, to hold proportion with, and bear conformity unto, (in the capacity of Ruled, in relation to their chief Ruler) sinnes forth in the person of Christ, the engrafted Word. And when by the Agreement or common Consent of a Na­tion or State, there is such a Constitution and Form of Administrati­on pitched upon, as in a standing and ordinary way, may derive and conveigh the nearest and greatest likeness in humane Laws, or Acts of such a Constitution, unto the Judgement and Will of the Su­pream Legislator, as the Rule and declared Duty for every one in that Society to observe; It is thereby, that Government, or Su­pream Power comes to receive Being in a Nation or State, and is brought into exercise according to God's Ordinance, and Divine Institution. So then, it is not so much the Form of the Administra­tion, as the thing Administred, wherein the good or evil of Go­vernment doth consist; that is to say, a greater likeness or unlike­ness unto Judgement and Will of the highest Being, in all the Acts or Laws, flowing from the Fundamental Constitution of the Go­vernment.

Hence it is, that common Consent, lawfully and rightfully given by the Body of a Nation, and intrusted with Delegates of their own free choice, to be exercised by them, as their Representatives, (as well for the Welfare and good of the Body that trusts them, as to the Honour and Well-pleasing of God the Supream Legislator) is the Principle and Means, warranted by the Law of Nature and [Page 107] Nations, to give Constitution and Admission to the exercise of Go­vernment, and Supream Authority, over them and amongst them: Agreeable hereunto, we are to suppose, that our Ancestors in this Kingdom did proceed, when they constituted the Government thereof, in that form of Administration, which hath been derived to us, in the course and channel of our Customes and Laws; amongst which, the Law and Customes in and of the Parliaments, are to be accounted as chief. For,

Hereby First, The Directive or Legislative Power (having the Right to State and Give the Rule for the Governors Duty, and the Subjects Obedience) is continued in our Laws, which as well the King as People are under the Observation of; witness the Corona­tion Oath, and the Oath of Allegiance.

Secondly, The Coercive or Executive Power is placed in one Person, under the Name and Style of a King, to be put forth not by his own, single, personal Command, but by the signification of his Will and Pleasure, as the Will of the whole State, in and by his Courts of Justice, and stated publick Counsels and Judicatures, agreed on for that purpose, between him and his People, in their Parliamentary Assemblies.

The Will of the whole State, thus signified, the Law it self pre­fers before the personal Will of the King, in distinction from the Law, and makes the one binding, the other not. So that the publick Will of the State, (signified and declared by the publick Suffrage and Vote of the People or Kingdom in Parliament Assembled) is a Legal and Warrantable ground for the Subjects Obedience, in the things commanded by it, for the good and welfare of the whole Body, according to the best Understanding of such their Represen­tative Body, by it put forth, during the time of its sitting.

The Body with whom the Delegated Vote and publick Suffrage of the whole Nation is Intrusted, being once Assembled, with Power not to be Dissolved but by their own consent, in that capa­city the highest Vote and Trust (that can be) is exercised, and this by Authority of Parliament, unto ex Officio, or by way of Of­fice are the Keepers of the Liberties of England, or of the People, by the said Authority, for which they are accountable if they do not faithfully discharge that their duty. This Office of keeping the Liberty, which by the Law of God and Nature is due to the Com­munity or whole Body of the People, is, by way of Trust, commit­ted by themselves to their own Delegates, and in effect amounts unto this.

[Page 108] 1. That they may of right keep out and refuse any to exercise Rule and Command over them, except God himself, who is the Supream and Universal King and Governour; or, such as shall a­gree in their Actings, to bear his Image, (which is, to be Just) and shew for the Warrant of their Exercise of Soveraignty, both a likeness in Judgement and Will, unto him, who is Wisdom and Righteousness it self; and the Approbation and common Consent of the whole Body, rationally reposing that Trust in them, from what is with visible and apparent Characters manifest to them, of an aptness and sufficiency in them, to give forth such publick Acts of Government, that may bear the Stamp of God's Impression up­on them in the Judgements they do and execute; especially, being therein helped with a National Counsel of the Peoples own choos­ing from time to time.

2. They may of right, keep, hold, and restrain him or them, with whom the Coercive or Executive Power is intrusted, unto a pun­ctual performance of Duty, according to the Fundamental Con­stitution, the Oath of the Ruler, and the Laws of the Land. And if they shall refuse to be so held and restrained by the humble Desires, Advice and common Consent in Parliament, and the Peoples De­legates be invaded and attempted upon by force, to deter them from the faithful discharge of this their Duty; they may, in asserting their Right, and in a way of their own just Defence, raise Armes, put the issue upon Battel, and Appeal unto God.

3. Such Appeal answered, and the issue decided by Battel, the Peoples Delegates still sitting, and keeping together in their Col­lective Body, may of right, and according to reason refuse the re­admission or new-admission of the Exercise of the former Rulers, or any new Rulers again over the whole Body, till there be recei­ved Satisfaction for the former Wrongs done, the expence and haz­zard of the War, and Security for the time to come, that the like be not committed again. Until this be obtained, they are bound in duty, in such manner as they judge most fit, to provide for the pre­sent Government of the whole Body, that the Common-weal re­ceive no detriment.

4. In this which is the proper Office of the Peoples Delegates, and concerns the keeping and defending the Liberty and Right of the whole People and Nation, they may and ought, (during their sitting) to Exercise their own proper Power and Authority (the Exigents of the Kingdom requiring it) although the other two Estates joyntly instructed with them, (in the exercise of the Le­gislative [Page 109] Authority) should desert their station, or otherwise sail in the Execution of their Trusts; yea, or though many or most of their own Members (so long as a lawful Quorum remains) shall either voluntarily withdraw from them, or, for just cause become excluded. In this discharge of their trust, for the common welfare and safety of the whole, their Actings (though extraordinary and contrarient to the right of the other two) cannot be treasonable or criminal, (though they may be tortious, and erroneous) seeing they are equals and co-ordinate, in the exercise of the Legislative Power, and have the Right of their own proper Trust and Office to discharge and defend, though their fellow Trustees should fail in theirs. Nor can, nor ought the People, as Adherents to their own Delegates and Representatives, to be reputed criminal, or blame▪ worthy, by the Law.

In the exercise of one and the same Legislative power (accord­ing to the Fundamental Constitution of the Government of En­gland) there are three distinct publick Votes, allowed for Assent or Discent, in all matters coming before them; the Agreement of which is essential and necessary to the passing of a Law: the perso­nal Vote of the King; the personal Votes of the Lords in a House or distinct Body; and the Delegated Vote and Suffrage of the whole People, in their Representative Body, or the House of Com­mons. Unto each of these, appertains a distinct Office and Privi­ledge, proper to them.

1. The Regal Office, and the Prerogative thereof to the King.

2. The Judicial Office, to the Lords, as the highest Judicature and Court of Justice under the King, for the exercising Coercive Power, and punishing of Malefactors.

3. The Office of the Keepers of the Liberties and Rights of the People, as they are the whole Nation, incorporated under one Head, by their own free and common Consent.

The Regal Office is the Fountain of all Coercive and Executive Power, pursuant to the Rule, set to the same by Law, or, the Agreement of the three Estates in Parliament.

The Rule which is set, is that of Immutable Just and Right, ac­cording to which, penalties are applicable, and become due, and is first stated and ascertained, in the declared Law of God, which is the signification or making known by some sign, the Will of the Supream Legislator, proceeding from a perfect Judgement and Un­derstanding, that is without all Error or Defect.

[Page 110] The Will that flowes from such a Judgement, is in its nature Le­gislative, and binding, and of right to be obeyed for its own sake, and the perfection it carries in it, and with it, in all its actings. This Will is declared by Word, or Works, or both. By Word we are to understand, either the immediate Breath and Spirit of Gods mouth or mind, or the Inspiration of the Almighty, mini­stred by the holy Ghost, in and by some creature, as his vessel and instrument, through which the holy Scriptures of the old and new Testament were composed. By works that declare God's Will, we are to understand the whole Book of the Creature, but more eminently and especially, the particular Beings and Natures of An­gels and Men, who bear the name and likeness of God in and upon their Judgements and their Wills; their directing Power, and their executive Power of mind, which are essential to their Being, Life, and Motion.

When these direct and execute, in conjunction and harmony with God's Judgement and Will, made known in his Law, they do that which is right; and by adhering and conforming themselves unto this their certain and unerring Guide, do become Guides and Ru­lers unto others, and are the Objects of right choice, where Rulers are wanting in Church or State.

The Rule then to all action of Angels or Men, is that of moral or immutable Just and Right, which is stated and declared in the Will and Law of God. The first and highest imitation of this Rule, is the Creature-being in the person of Christ. The next is the Bride the Lambs Wife. The next is the innumerable Society of the holy Angels. The next is the Company of Just Men, fixed in their natural Obedience and Duty, through Faith, manifesting it self not onely in their Spirits, but in their outward Man, redeemed even in this World, from the body of corruption, as far as is here attainable. The Power which is directive, and states and ascertains the morallity of the Rule for Obedience, is in the Law of God. But the original, whence all just executive Power arises, which is Magistratical and Coercive, is from the will or free gift of the Peo­ple, who may either keep the Power in themselves, or give up their Subjection into the hands and will of another, as their Leader and Guide, if they shall judge that thereby they shall better answer the end of Government, to wit, the welfare and safety of the whole, then if they still kept the Power in themselves. And when they part with it, they may do it conditionally or absolutely; and whilst they keep it, they are bound to the right use of it. In this Liberty, [Page 111] every man is created, and it is the Priviledge and just Right which is granted unto Man by the Supream Law-giver, even by the Law of Nature, under which man was made.

God himself leaves man to the free exercise of this his Liberty, when he tenders to him his safety and immutability, upon the well or ill use of this his Liberty, allowing him the choice, either to be his own guide and self-ruler, in the ability communicated to him, to know and execute Gods Will, and so to keep the Liberty he is pos­sessed of, in giving away his subjection or not; or else upon God's Call and Promise, to give up himself in way of subjection to God, as his Guide and Ruler, either absolutely or conditionally. To himself he expects absolute Subjection; to all subordinate Rulers, conditional.

While mans Subjection is his own, and in his own keeping, un­bestowed and ungiven out of himself, he is not, nor cannot be ac­countable by way of crime or offence, against his Ruler and Sove­raign, but may do with his own what he please; but still at his pe­ril, if he use not this his Liberty as he should, to the end for which it is given him, which is by voluntary and entire resignation to become an obedient Subject unto him who is the Supream Law-giver, and Rightful King, without possibility of change or de­fection.

Unto this right and the lawful exercise and possession of, it this Nation did arive by the good providence and gift of God, in cal­ling and assembling the Parliament, November 3d. 1640. and then continuing their Session by an express Act, 17. Car. with power not to be dissolved but by their own consent; which was not so much the introducing of a new Law, as declaratory of what was Law before, according to Man's natural Right, in which he was created, and of which he was possessed by God, the soveraign giver of all things.

But the passing that said Act of Parliament alone, was not that which restored the Nation to their original Right, and just Natu­ral Liberty; but onely put them in the capacity and possibility of it. That which wanted to make out to the Nation a clearness in having and obtaining this their right, was the obligation they had put upon themselves and their posterities to their present Soveraign and his Authority, which in justice and by the Oathes of Allegiance they were solemnly bound to, in the sight of God as well as of Man. And therefore, unless by the abuse of that office of Trust, (to that degree, as on his part, to break the fundamental compact and con­stitution [Page 112] of Government) they could not be set free nor restored to their original Right and first Liberty: especially if together with such breach of Trust, both parties appeal to God, and put it upon the issue of Battel, and God give the decision; and in consequence thereof, that original Right be asserted, and possession thereof had and held for some years, and then not rightfully lost, but trea­cherously betrayed and given up by those in whom no power was rightfully placed, to give up the subjection of the Nation again un­to any, whatsoever.

Unto which is to be added, that how and when the dissolution of the said Parliament, (according to Law) hath been made, is yet unascertained, and not particularly declared: by reason where­of, and by what hath been before shewed, the state of the Case on the Subjects part, is much altered, as to the matter of Right, and the Usurpation is now on the other hand, there being, (as is well known) two sorts of Usurpers; either such, as having no right of consent at all unto the Rule they exercise over the Subject; or such, who under pretence of a Right and Title, do claim not by con­sent, but by conquest and power, or else hold themselves not obliged to the Fundamental compact and constitution of Government, but gain unduely from the Subject, (by advantages taken through de­ceit and violence) that which is not their own by Law.

For a rational Man to give up his Reason and Will unto the Judgement and Will of another, (without which, no outward co­ercive Power can be) whose Judgement and Will is not perfectly and unchangeably good and right, is unwise, and unsafe, and by the Law of Nature, forbidden. And therefore all such gift, made by rational men, must be conditional, either implied, or explicite, to be followers of their Rulers, so far as they are followers of that good and right, which is contained in the Law of the Supream Law­giver, and no further; reserving to themselves, (in case of such defection and declining of the Rulers actings from the Rule) their primitive and original Freedom, to resort unto, that so they may in such case, be as they were before they gave away their subjecti­on unto the Will of another; and reserving also the power to have this judged by a meet and competent Judge, which is the Reason of the King and Kingdom, declared by their Representatives in Par­liament; that is to say, the Delegates of the People in the House of Commons assembled, and the Commissioners on the Kings be­half, by his own Letters Patents, in the House of Peers; which two concurring do very far bind the King, if not wholly.

[Page 113] And when these cannot agree, but break one from another, the Commons in Parliament assembled, are ex Officio, the Keepers of the Liberties of the Nation, and righteous Possessors and De­fendors of it, against all Usurpers and Usurpations whatsoever, by the Laws of England.

The Valley of Jehoshaphat, considered and opened, by comparing 2. Chron. 20. with Joel 3.

IT was the saying of Austine; Nothing falls under our senses, or happens in this visible World, but is either commanded or permitted from the invisible and unintelligible Court and Pallace of the highest Emperor and universal King, who is the chief over all the kings of the earth. For although he hath both commanded and permitted a subordinate external Government over Men, ad­ministred by man, for the upholding of Justice in humane Societies, and for the peace, welfare, and safety of men that are made in Gods Image; yet, he hath not so entirely put the Rule of the whole earth out of his own hands, but that in cases of eminent injustice and op­pression (committed in Provinces, States and Kingdomes, contrary to his Lawes, to their own, and the very end of Magistracy, which is, the conservation of the Peoples just Rights and Liberties) He that is higher than the highest amongst men, doth regard, and will shew by some extraordinary interposition of his, that there are higher than they.

Such a seasonable and signal appearance of God, for the Succor and Relief of his People, in their greatest Straits and Exigencies, (when they have no might, visible Power, or armed Force, to un­dertake the great company and multitude that comes against them, nor know what to do, save onely to have their eyes towards him) is called in Scripture, The day of the Lord's Judgement. Then the Battel and cause of the Quarrel, will appear to be not so much theirs, as the Lord's: and the frame of their heart will be humble before the Lord, believing in the Lord, and believing his Prophets, for their good success and establishment.

This Dispensation is very lively described under the Type, and by the Name of The Valley of Jehoshaphat, as to the Season and Place wherein God will give forth a signal appearance of himself in Judgement, on the behalf of his People, for a final decision of the [Page 114] Controversie between them and their enemies. It Litterally and Typically fell out thus, as is at large recorded, 2 Chron. 20.

By way of allusion to this, and upon occasion of the like, yea, and far greater Extreamities, which God's People in the last dayes, are to be brought into, is that Prophesie, Joel 3. for a like, yea, a far greater and more signal appearance of God for their Deliver­ance and Rescue, in order to a final Decision of the Controversie, between his People and the Inhabitants of the earth, by his own Judgement. This is there called, The Valley of Jehoshaphat, in which the Lord will sit to Judge all his enemies round about. In this Battel and great Decision of his Peoples Controversie, he will cause his Mighty Ones to come down from Heaven, to put in their sickle as reapers in this Vintage and Harvest, when the wicked­ness is great. Unto this, Revel. 14. 14, 20. refers, which doth plainly evidence, that this grand Decision is to fall out in the very last of times, and probably, is that, which will make way to the Rising of the Witnesses, and will be accompanied with that Earthquake, in which shall be slain, of men seven thousand, and the tenth part of the City will thereupon fall, Rev. 11.

It is expressed, Joel 3. That in this day of the Lord, wherein he will be near, in the Valley of Decision, the Heavens and the Earth shall shake, by the Lords own roaring out of Sion; and he himself will be the Harbour, Hope and Strength of his People. The Sun and Moon of earth­ly Churches and Thrones of Judicature, that contest with them, shall be darkened, and the Stars, (even the choicest and most illumi­nated gifted Pastors & Leaders, in the earthly Jerusalem Churches, with their most refined Forms of Worship, resisting the power of true spiritual Godliness) shall withdraw their shining. Even their holy flesh will pass off from them and consume away upon their spi­ritual lewdness, and confident opposing the Faith of Gods Elect, Jer. 11. 17. Their very Eyes will consume away in their holes, with which they say, we see▪ and for which, Christ tells the Pharisees, in like case, that therefore ther sin remaineth. (John 9. 41.) Or, there remaineth no more benefit from Christ's Sacrifice, for their sin; and therefore onely a fearful looking for of the fiery and devouring indignati­on, Heb. 10. 26, 27.

Here's that, the great confidence and boast of many professing Churches and eminent Pastors in the earthly Jerusalem Fabrick, or House on the sand, will come to, Ezek. 13. and Mat. 7. Their very Eyes, their high enlightenings and excellent spiritual Gifts, their supernatural or infused humane Learning, that's admitted on­ly [Page 115] as an adorning and accomplishment of the natural man, (unac­companied with that Fire-Baptisme, that's performed by the un­speakable gift of the Spirit it self, for the transforming of the na­tural man into spiritual) even these Eyes becoming evil, (Mat. 6. 23.) and this light, opposing and preferring it self to the more ex­cellent discerning and marvellous light in spiritual Believers, are turned by the just Judgement of God, into the greatest and most fatal blindness and darkness of all. Their tongues also, though the tongues of men and angels, for excellency and dexterity of expres­sing what they see, with the forementioned eyes, will consume away in their mouth, (Zech. 14. 12.) and leave them exposed to be­come, and accordingly be dealt with, as meer sounding brass and tinckling Cymbals, (1 Cor. 12. 31. and 13. 1.) giving no certain sound, and right warning to the Battels of the Lord, the good sight of Faith.

This comes to pass through their confidence in those attainments, which may be, and oft are turned into an Idol of jealousie, and spi­ritual whoredom, Ezek. 16. 1, 15.

All these considerations of Church and State, put together, afford great ground of enquiry, as to the Condition of the times in which we live, how far the face which they bear, (and which God hath put upon them, in the course of his Providences, for some years now past) doth speak or signifie the near approach of any such extraor­dinary and signal appearance or day of Gods Judgement, for the Decision of his own or his Peoples quarrel and controversie with the prophane Heathen that are round about them, waiting for an advantage, utterly and universally to remove and root them out from off the face of the whole earth?

That which hath been acted upon the Theater of these Nations, amongst us, in the true state of our Controversie, seems to be re­ducible to this following Querie;

Whether the Representative Body of the Kingdom of England, in Parliament assembled, and in their Supream Power and Trust made in­dissolvable, unless by their own Consent and free Vote, and this by parti­cular and express Statute, have not had a just and righteous Cause? A Quarrel more God's, than their own?

1. It may appear they had; First, from the Ground of their un­dertaking the War; Was it not in their own and the Kingdoms just and necessary defence, and for the maintaining of the publick Rights and Liberties of both?

2. Secondly, Was it not undertaken upon mutual Appeals of [Page 116] both Parties to God, desiring him to judge between them, to give the Decision and Issue by the Law of War, (when no other Law could be heard) as the definitive Sentence in this Controversie, from the Court of Heaven?

3. Thirdly, Pursuant to such Decision, did they not recover and repossess the Kingdoms original and primitive freedom? Did they not endeavour to conserve and secure it, as due to them by the Law of God and of Nature? For man was made in God's Image, and all Adams Posterity are properly one Universal Kingdom on earth, under the Rule and Government of the Son of God, both as Cre­ator and Redeemer.

By virtue of this original and primitive Freedom so recovered, they were at their own choice, whether to remain in, and retain this their true freedom (unresigned and unsubjected to the Will of any Man) under the Rule of the Son of God and his Lawes, or else to set up a King or any other Form of Government over them, af­ter the manner of other Nations. In this latter case, it is acknow­ledged, that when a Common-wealth or People, do choose their first King, upon condition to obey him and his Successors, Ruling justly; they ought to remain subject to him, according to the Law, and tenor of the Fundamental Compact with him, on whom they have transferred their Authority. No Jurisdiction remaineth in them (after that free and voluntary Act of theirs) either to Judge the Realm, or determine who is the true Successor, otherwise than is by them reserved and stipulated, by their Fundamental Laws and Constitutions of Government.

And though the righteousness of this Cause (contained in the fore­mentioned particulars) be such, as carries in it its own evidence; yet, as (as things have fallen out) it is come to be oppressed and buried in the grave of Malefactors; in the room of which, a contra­ry Judgement and Way, is visibly owned, upheld, and intended to be prosecuted to the utmost, for its own fast-rooting and establish­ment; and this, by the common Consent and Association of Mul­titudes. What then remaines for the recovery and restitution of that good old Cause and Way, but such a seasonable and signal ap­pearance of God, (as aforesaid) in the Valley of Jehoshaphat? What but the taking things immediately into his own hands, for admini­stration of Judgement, and giving the last and final decision? Espe­cially, since what was foretold by Daniel, is remarkably accomplish­ed amongst us, to wit, that the visible Power of Gods People should be broken and scattered, so as that they should have no might re­maining [Page 117] in and with them, to go against the Multitudes, that de­sign and resolve their Ruine.

There is not any remedy left to them, wherein they may expect success, but from such a signal day of the Lord's immediate appear­ance in Judgement on their behalf. For their sakes therefore, O Lord, return thou on high, (Psal. 7. 7.) take thy Throne of Judica­ture over men, from which thou hast seemed to have departed, and exe­cute that righteous Judgement, which thou hast seemed for a season to have suspended, upon wise and holy ends best known to thy self.

In such a dark and gloomy day, those that truely fear the Lord, are directed and required by him, not to fear or be dismayed, be­cause he will be with them. They are encouraged in the way of Faith onely, to expect this deliverance; even to stand still, as ha­ving no need to fight in this Battel, but onely to see the Salvation of the Lord, through believing.

ANtient Foundations, when once become destructive to those very ends for which they were first ordained, and prove hin­derances, to the good and enjoyment of humane Societies, to the true Worship of God, and the Safety of the People, are for their sakes, and upon the same Reasons to be altered, for which they were first laid. In the way of God's Justice they may be shaken and removed, in order to accomplish the Counsels of his Will, up­on such a State, Nation, or Kingdom, in order to his introducing a righteous Government, of his own framing.

This may have been the cause of our Wandrings as it were in a Wilderness, and of God's bringing us back again into Egypt, after our near approach to the Land of Rest; that we have no better known, and had no more care to prosecute, what he principally in­tended in and by all our Changes and Removes, in the course of his Providence. Yea we have added this also, to the rest of our sins, that we have improved the Gifts and Deliverances that God be­stowed upon us, another way, and to another end than was by him intended, as well as Providentially intimated, by that holy De­cree of his, in the Decision, declared at the Trial in his Martial Court, with points of Swords.

Here the great Controversie that had been depending many Ages between Rulers and the Ruled, (as to the Claimes of the one in point of Prerogative; and of the other in their Spiritual and Tem­poral [Page 118] Freedoms) was after many heats & colds, many skirmishings and battels, at last decided by the Sword. This is a way of Tryal al­lowed by the known common Law of England, and the Law in force throughout all Nations. By this, the Verdict is given forth from a Court of such a Nature, as from whence there is no further ap­peal; Especially since after the Tryal past, quiet possesion was gi­ven to the Conquerors, and continued some years. Upon this, Reason and Gratitude to God, obliged us to such a prosecution as might answer the true end of Government; and in especial af­ter that manner, as might be most to God's well-pleasing.

The Powerful Being which by success of Armes, as given to the Peoples Representative Body in Parliament, did communicate to it essentiallity, according to the nature of that Being, for which it was ordained. For that Being, with Power of continuing together at their own pleasure, were as the Soul and Body, unseperated, and they might have performed things necessary at present, for the safety and preservation of the Body they represented. They might have been a good help to settle righteous Government, in a consti­tution most acceptable to God, and beneficial to the Governed, on the Foundation of God's Institution, and the Peoples Ordination, in consent together, laid by the Power of God and the Peoples own Swords, in the hands of their faithful Trustees.

It would imply a high contempt of God and his Dispensations, so signal amongst us, to communicate the benefit of them to his op­posers. The right of choosing and being chosen into places of Trust in the Government, was returned by the Law of the Sword (which is paramount to all humane Laws) into its primitive exercise, which is warranted by the Law of God and of Nature. By that Law the most famous Monarchies of the World in all Ages were first constituted and setled; and by it God decided our Cause, looking for an event and fruit answerable to the benefit by him given; even such a Government, as God would have given us the Pattern of (had we sought it, as was our duty) whereby Justice and Mercy should have been daily administred according to his will, to the bringing on the new Heavens and new Earth, wherein Righteousness might dwell.

The Vessel of this Common-wealth now weather-heaten and torn, seems to be more in danger, than that wherein Jonah would have sled to Tarsus: For though we have cast forth a great part of our goods to secure it, this has done us but small good. That Ship had but one Delinquint aboard, which occasioned the Storm; and [Page 119] his being thrown into the Sea, brought immediate safety. They had also many skilful Seamen to guide it, but all our Pilots are cast over-board, and none left in appearance, but guilty Passengers. Nay, admit with Jonah, both the Common-wealth and Cause be brought into most desperate Exigents and Extreamities, from whence there is no more appearing redemption for them, then such as they have, that go down quick into the grave and belly of the Whale; yet they may be preserved, even by that which naturally of it self is irrecoverably destructive to them, and be employed a­gain in service by him against whom they have been so ungratefully rebellious after former great deliverances. So infinite are God's Mercies, yea, so exceeding Merciful are the severest of his Judge­ments and Dispensations towards his People.

Thus may both People and Army be deprived of their Power, and another party let in to plague and root out from amongst us, such as are more wicked than themselves, and so make room for a more righteous Generation, which will begin all things anew.

By the course of things acted amongst us, God's sentence on our behalf is made void, and that seems given away for ever, which was recovered by the Sword. Our troubles are onely prorogued. No Faith or Contract is thought meet to be kept with Rebels and Hereticks, when by acquired Power it may be broken. 'Twas the great solly and self-flattery of some, to think it would be other­wise. It is most certainly true, that no Time or Prescription, is a just Bar to God's and the Peoples Right.

To murmure against God's Verdict, and resist his Doom, so so­lemnly given and executed amongst us, in the sight and concurring acknowledgement of the Nations round about, is to become adver­saries to God, and to betray our Countrey. If God then do think fit to permit such a dispensation to pass upon us, it is for the punish­ment of our sins, and for a plague to those that are the Actors there­in; to bring more swift exemplary vengeance upon them. Such as have discharged a good Conscience in what may most offend the higher Powers, are not to fear, though they be admitted to the exercise of their Rule, with an unrestrained Power, and revengeful mind.

Though from that Mountain, the Storm that comes, will be ve­ry terrible, yet some are safest in Storms, as experience shews. Yea best therein by Gods Mercies, when their greatest enemies think most irrecoverably to undo them.

Our late Condition held much resemblance with that of the [Page 120] Jewes, and we deserve as well to be rejected as they were. If Christ were in the flesh amongst us, as he was with them, we are as likely to prefer theeves and murtherers before him, and crucifie him.

The present necessity in a righteous Cause is to be submitted to, and we are not to be discouraged by the danger, which to some seems threatned us, from former or present Laws. For no man that acts for common safety, when the Sword hath absolute power, and shall also command it, can justly be questioned afterwards for act­ing contrary to some former Laws, which could be binding no long­er then whilst the Civil Sword had Soveraignty.

What People under Heaven have had more Experiments of God's timely assistance in all their Extreamities, then English-men, as well with respect to times past, as within our remembrance? Are the like Mercies recorded of any Nation? In their times of greatest Confusion they were preserved. They were a living active Body without a Head: A Bush burning in the Flames of a Civil War, yet not consumed: A People when without a Government, not embrued in one anothers Blood. A wonder to all Neighbours round about, and many signal Changes brought about without Blood, which indubitably evidences that God is in the Bush: and would gather us together as Chickens under a Hen, to be brooded by him, if we were not most stubbornly hardened.

Our sins have been the cause, that our Counsels, our Forces, our Wit, our Conquests, and our Selves have been destructive to our selves, to each other, and to a happy advancement towards our long expected and desired Settlement. Until these sins of ours be repented truly and throughly, all the Wisdom and Power upon Earth shall not avail us, but every day, every attempt, will en­crease our Troubles, until there be a final extirpation of all that hin­ders God's Work; When this once is, nothing shall harm us, God being a sure refuge against all evils, if we reconcile our selves to him by Faith and Repentance. Then, even those things that are most mischievous in their own natures, shall be made our advan­tage and security.

The Peoples Cause whom God after trial hath declared free, is a righteous one, though not so prudently and righteously managed as it might and ought to have been. God's doom therefore is just­ly executed upon us, with what intent and jugglings soever it was prosecuted by men.

Man's corruption makes him more firmly to adhere to that which [Page 121] is good: in which case, it is not many times, Virtue so much as Necessity that keeps men Constant; having no other means of safety and subsistance for the most part.

The goodness of any Cause is not meerly to be judged by the Events, whether visibly prosperous or unprosperous, but by the righteousness of its Principles: nor is our Faith and Patience to fail under the many fears, doubts, wants, troubles, and Power of Adversaries, in the passage to the recovery of our long lost Freedom. For it is the same Cause with that of the Israelites of old, of which we ought not to be ashamed or distrustful.

How hath it fared with the Cause of Christ generally, for more now than 1600 years, being made the common object of scorn and persecution, not from the base and foolish onely, but from the no­blest and wisest persons in the Worlds esteem! Yet, though our Sufferings and the time of our warfare seems long, it is very short, considering the perpetuity of the Kingdom which at last we shal ob­tain, & wherein we shal individually reign with the chief Soveraign thereof. For whereas all the Kingdoms of the World have not yet lasted 6000 years, this is everlasting and without end. They that overcome by not loving their lives unto the death, (Rev. 12. 11.) shall be Pillars in the House of this everlasting Kingdom, never to be removed. They shall be Kings and Priests to God, sitting with him upon his Throne, subjecting the Nations, and reigning with him for ever and ever. This is a Kingdom that consists with the Divinity of Christ, and humanity of men. Such a reign of Christ upon earth, as will not be without Laws agreeable to humane Na­ture, nor without Magistrates appointed as Officers under him; in which Election, God and the People shall have a joint concurrence. God's Throne in mens Consciences must then be resigned, and his People permitted to enjoy the Liberties, due to them by the Laws of Grace and Nature. Into this, God's own immediate hand can now onely lead us, by his own coming to Judgement in the Valley of Jehoshaphat.

Meditations concerning Man's Life, &c. Penned by this Sufferer in his Prison State.

IT is a principal part of Wisdom to know how to esteem Life; to hold and preserve, to loose or give it up. There is scarce any thing man more fails in than this. They that think nothing dearer [Page 122] than Life, esteem Life for it self, live not but to live. Others think the shortest Life best, either not to be born at all or else to die quick­ly. These are two extreams. That comes nearer Truth, a Wise Man said, Life is such a good, that if a man knew what he did in it, he would not accept, at least not desire it. Vitam nemo cuperet, si daretur tantum scientibus. Wise Men, in living, make a Virtue of Necessity, live as long as they should, not as long as they can.

There is a time to Live and a time to die. A good Death is far better and more elegible than an ill Life. A wise man Lives but so long as his Life is more worth than his Death. The longer Life is not alwayes the better. To what end serves a long Life? Simply to live, breath, eat, drink, and see this World? What needs so long a time for all this? Me thinks we should soon be tired with the daily repetition of these and the like Vanities? Would we live long, to gain knowledge, experience, and Virtue? This seems an honest Design, but is better to be had other wayes by good men, when their Bodies are in the grave.

None usually imploy their time so ill in this World, as Men. Non inopes sumus vitae, sed prodigi. Some begin to live when they should die. Some have ended before they begin. 'Tis incident to folly to be alwayes but beginning to Live. Life is but a sorrow­ful state, a perpetual issue of Errors. 'Tis a Web of unhappy Adventures; A pursuit of divers Miseries enchained together on all sides. Solum id certum, nil esse certi: Nec miserius quicquam homine nec superbius. Vanity is the most essential and proper quality of Man's first Nature. The World is not worth that Labour and Pains Man exercises in and about it; which caused that saying; A wise man should do nothing but for himself. Tis not reason wise men should put themselves in danger for Fooles, much less for Knaves.

The Will onely is truly Mans own, and the considerable part of the reasonable Soul. On it depend the issues of Good or Evil, Life or Death. All the rest of a Man, his Understanding, Memory, Ima­gination, may be taken from him, altered, troubled by a thousand accidents. But the Will is so much in our own power, that it can­not be taken away, though its action may be hindred. 'Tis our own, till we knowingly and freely give it away, which may be. And he that hath once absolutely given up his Will to another, is no more his own man. He hath left himself nothing of his own. Tis by the Will we are good or evil, happy or unhappy.

Concerning Government.

He that gives up his Will to the Rule and Government of ano­ther, becomes subject to that other. Men that are born equal, come to be made subject two wayes; either, by the free giving up of themselves to others, or by others violent assuming and exercising power over them, because they are strangers, as Nimrod the mighty hunter of men, served his fellow mortals.

Government is either Royal, or Seignioral and Tyrannical, as the Turks. 'Tis then properly Royal, be it administred by one, by ma­ny, or by all their Representatives, when he or they that have Sove­raign Power, obey the Laws of Nature, preserve the natural Liber­ty and propriety of the Goods and Persons of the Subjects, which no reasonable men, acted by sound judgement, will ever absolutely give away, but secure their right in, and power over, by fundamen­tal Contracts and Agreements with their Governors.

Absolute Soveraignty is a perpetual power over all, without any restraint, limitations or conditions put upon the Soveraign. This consists in a power of giving Laws to all in general, and to every one in particular, without the consent or gift of any others, and requiring universal and undispensable obedience to all his Com­mands, under just penalties. This Soveraignty is proper onely to the highest Being, not at all to Creatures, though where the Go­vernment is Despotical and Seignioral, it is assumed and exer­cised.

But Government Royal, is that which is consonant to the immu­table Laws of Nature and Dictates of right Reason, which require a conservation of the Subjects Liberty, and Propriety in their goods and persons, as well as the preservation and upholding of Empire and Authority in the Prince, and find out the Medium, through the mutual Agreements of Soveraign and Subjects, for both to consist.

In Quarrels between Subjects and Soveraigns, about the Subjects Liberty and the Kings Prerogative, 'tis seldom seen, but the Error lies on the Soveraign's part, who is apt to be flattered into the pre­sumptuous exercise of such an absolute Soveraignty and Legislative Dominion over them, as becomes no creature, and exceeds all the bounds of that Contract he made with them, at his Inauguration.

All just Power and Authority is from God, and by virtue of his Ordinance and Institution. He therefore that resisteth the Power, re­sisteth [Page 124] the Ordinance of God. But all contrarient actings against the Prince, are not to be accounted a resisting of the Power; especial­ly, when the whole State is concerned, and the business is managed by publick Trustees, called and authorized by Law, as Conservers of the State, and Defenders of the publick Liberties and Lawes thereof. In such a publick capacity, to stand in the gap, when a Breach is made, and hinder any charge or attempt that would rui­nate the State, is Duty. In such case, they ought to withstand and hinder the violent proceedings of any, either by way of Justice in a Legal tryal, or by force. For the Prince is not Master of the State, but onely a Guardian and Defender thereof, from injuries and evil. Yet these affaires, for redress of Grievances, in case of Princes failers, belong not to all, but to the Tutors and Maintainers of the State, or those that are interested therein; as Electors in Elective States, and in Hereditary States, the States General and Represen­tative Body of the Kingdom, according to the tenor of their funda­mental Laws. In this case it is generally acknowledged lawful, to resist a Tyrant.

Under the cross Accidents, issuing from such Contests, to which man is subject through others arbitrary Domination, he may carry himself well, two wayes.

1. By a strong and vigorous resistance thereof, to the last, for diverting or blunting the point of it, so as either to escape or force it.

2. The other way, and that perhaps the surest, is to take and re­ceive these Accidents at the worst, let them prove what they will, though to the loss of Life and all that's dear to him in this World. To resolve within himself to bear them sweetly and patiently, and peaceably to attend whatever shall happen, without tormenting himself about it, or loosing the calmness and serenity of his mind in going about to hinder or prevent it. He that takes the first course, labours to escape; he that takes the latter is content rather to suf­fer. This many times proves the better bargain. 'Tis possible to in­cur greater inconveniency and loss in pleading and contending, than in loosing, or in flying for safety, than in suffering.

Concerning Friendship.

Perfect friendship is a very plain and universal complication or enfolding of two Soules in one, so, that the Conjunction is most in­timate and inseparable. They can no more be divided; nor would they, if they might.

[Page 125] Secondly, It is very free, being built upon the pure choice and li­berty of the Will, without any other obligation or forreign mo­tive.

Thirdly, Without any exception of things, goods, honours, judgements, thoughts, wills, Life.

Marriage it self is some resemblance of this divine knot, as saith the Apostle, who from thence mounts in his contemplation to the great mysterie of this kind between Christ and his Church. Abra­ham is called, the friend of God.

Concerning Enemies.

In reference to our Enemies we must take care, not to meditate Revenge. Yet in some sense we may account it an excellent and worthy revenge, to slight the worst they can do, whereby we take away the pleasure which they think to have, in vexing us. We must in suffering Injuries, have respect to our selves and to him that offends us. Touching our selves, we must take heed, that we do nothing unworthy or unbecoming us, that may give the enemy advantage against us. As to him that offends us, we should be wise as Serpents to wave his assault, till our hour is come, and we can gain and conquer by dying.

It is a weakness of mind not to know how to contemn an offence. An honest man is not subject to Injury. He is inviolable and un­moveable. Inviolable, not so much that he cannot be beaten; but, that being beaten, he doth neither receive wound nor hurt. We can receive no evil but of our selves. We may therefore always say with Socrates, My enemies may put me to death, but they shall never en­force me to do that which I ought not.

Evils themselves, through the wise over-ruling Providence of God, have good fruits and effects. The World would be extinguish­ed and perish, if it were not changed, shaken and discomposed, by a variety and an interchangable course of things, wisely ordered by God, the best Physitian. This ought to satisfie every honest and reasonable mind, and make it joyfully submit to the worst of chan­ges, how strange and wonderful soever they may seem, since they are the works of God and Nature, and that which is a loss in one respect, is a gain in another.

Let not a wise man disdain or ill resent any thing that shall hap­pen to him. Let him know those things that seem hurtful to him in particular, pertain to the preservation of the whole Uni­verse, [Page 126] and are of the nature of those things, that finish and fill up the course and office of this World.

Meditations on Death.

IT is a fruit of true Wisdom, not onely Christian but Natural, to be found and kept in a frame of mind, ready for Death.

The day of Death is the Judge of all our other dayes; the very tryal and touchstone of the actions of our Life. 'Tis the end that crowns the work, and a good Death honoureth a man's whole Life.

This last act, as it is the most difficult, so but by this a man can­not well judge of the actions of anothers Life, without wronging him.

A wise Greek being asked concerning three eminent persons, which of them was to be most esteemed, returned this Answer, We must see them all three die, before this Question can be resolved: With which accords that saying of Solon, the wise Athenian to Craesus, when he boastingly shewed him his great Treasures, No man is to be accounted happy before his Death.

True natural Wisdom pursueth the learning and practise of dying well, as the very end of Life; and indeed, he hath not spent his Life ill, that hath learned to die well. It is the chiefest thing and du­ty of Life.

The knowledge of Dying, is the knowledge of Liberty, the state of true Freedom, the way to Fear nothing, to Live well, content­edly and peaceably. Without this there is no more pleasure in Life, than in the fruition of that thing, which a man feareth al­wayes to loose. In order to which, we must above all endeavour that our sins may die, and that we see them dead before our selves, which alone can give us boldness in the day of Judgement, and make us alwayes ready and prepared for Death.

Death is not to be feared and fled from, as it is by most, but sweetly and patiently to be waited for, as a thing natural, reason­able, and inevitable. It is to be looked upon as a thing indifferent, carrying no harm in it. This, that is all the hurt enemies can do us, is that which we should desire and seek after, as the onely Haven of Rest, from all the Torments of this Life; and which, as it gives us a fuller fruition of Christ, is a very great gain, that the sooner we are possessors of, the better.

[Page 127] Death is the onely thing of all evils, or privations, that doth no harm, hath indeed no evil in it, however it be reputed. The sting of it is sin, and that is the sting of Life too. There is no reason to fear it, because no man knows certainly what it is. This made Socrates refuse to plead before his Judges, for his justification or Life. For (saith he) If I should plead for my Life, and desire of you that I may not die, I doubt I may speak against my self, to my loss and hindrance, who may find more good in death than yet I know. Those things I know to be evil, as unrighteousness and sin, I fly and avoid; those that I know not to be so, as Death, &c. I cannot fear, and therefore I leave it to you to determine for me, whether it is more expedient for me to Dye or to Live.

He can never live contentedly that fears to dye. That man on­ly is a free man who feareth not Death, Life it self being but sla­very, if it were not made free by Death. It is uncertain in what place Death attends us, therefore let us expect it in all places, and be alwayes ready to receive it. Great virtue, and great or long Life do seldom meet together. Life is measured by the end, if that be good, all the rest will have a proportion to it. The quantity is no­thing, as to the making it more or less happy.

The Spirit of a good man, when he ceases to live in the Body, goes into a better state of Life, than that which he exercises in this World; and when once in that, were it possible to resume this, he would refuse it. Yea were a man capable to know what this Life here is, before he receives it, he would scarce ever have accepted it at first. The self same journey men have taken, from no being to being, and from pre-existent being, into mortal Life, without fear or passion, they may take again from that Life by Death, into a Life that hath immortality in it.

Death is the inevitable Law, God and Nature have put upon us. Things certain, should not be feared, but expected. Things doubt­ful onely are to be feared. Death in stead of taking away any thing from us, gives us all, even the perfection of our natures; sets us at li­berty both from our own bodily desires, & others domination; makes the Servant free from his Master. It doth not bring us into dark­ness, but takes darkness out of us, us out of darkness, and puts us into marvellous light. Nothing perishes or is dissolved by Death, but the Vail and Covering, which is wont to be done away from all ripe fruit. It brings us out of a dark dungeon, through the crannies whereof, our sight of Light is but weak and small, and brings us in­to an open Liberty, an estate of Light and Life, unvailed and per­petual. [Page 128] It takes us out of that mortality which began in the womb of our Mother, and now endeth, to bring us into that Life which shall never end. This day which thou fearest as thy last, is thy Birth day into Eternity.

Death holds a high place in the policy and great common-wealth of the World. It is very profitable for the succession and continu­ance of the works of Nature.

The fading corruption, and loss of this life, is the passage into a better. Death is no less essential to us, than to live or to be born. In flying Death thou flyest thy self, thy essence is equally parted in­to these two, Life and Death. It is the condition and Law of thy Creation. Men are not sent into the World by God, but with pur­pose to go forth again; which he that is not willing to do, should not come in.

The first day of thy birth, bindeth thee and sets thee in the way as well to Death as to Life. To be unwilling therefore to die, is to be unwilling to be a Man, since to be a Man is to be Mortal. It being therefore so serviceable to Nature and the institution of it, why should it be feared or shunned? Besides, it is necessary and inevi­table, we must do our best endeavour in things that are not Reme­diless, but ought to grow resolute in things past Remedy.

It is most just, reasonable, and desirable, to arive at that place to­wards which we are alwayes walking. Why fearest thou to go whi­ther all the World goes? It is the part of a valiant and generous Mind, to prefer some things before Life, as things, for which a man should not doubt nor fear to die. In such a case, however matters go, a man must more account thereof than of his Life. He must run his race with resolution, that he may perform things profitable and exemplary.

The contempt of Death, is that which produceth the boldest and most honourable exploits. He that fears not to die, fears nothing. From hence have proceeded the commendable Resolutions and free Speeches of Vertue, uttered by men, of whom the world hath not been worthy.

A gallant Romane, commanded by Vespasian not to come to the Senate, answered, He was a Senator, therefore sit to be at the Senate; and being there, if required to give his advice, he would do it as his Con­science commanded him. Hereupon being threatned by the Empe­ror, he replyed, Did I ever tell you, that I was immortal? Do you what you will, and I will do what I ought. It is in your power to put me un­justly to death; and in mine to die constantly. What hard dealing cannot [Page 129] he suffer, that fears not to die? Other designments may be hindred by our enemies, but they cannot hinder us from dying. The means whereby to live free, is to contemn Death. It is no great thing to live, slaves and beasts can do that, but it is a great matter to live freely, and die honestly, wisely, constantly. Emori nolo (saith one) sed me esse mortuum, nihil estimo; I would not die, but to be dead, I look upon as nothing. But no man can be said resolute to die, that is afraid to confront it, and suffer with his eyes open, as Socrates did, without passion or alteration.

In a miserable estate of a Life, which a man cannot remedy, Death is lawfully desirable, as our best retreat and onely haven from the storms of this Life; and as the Soveraign good of nature, the onely stay and pillar of Liberty. It is a good time to die, when to live is rather a burthen than a blessing, and there is more ill in Life than good.

There are many things in Life, far worse than Death, in respect whereof we should rather die than live. The more voluntary our Death is, the more honourable. Life may be taken away from eve­ry man by every man, but not Death.

It is no smal reproach to a Christian, whose faith is in immorta­lity and the blessedness of another Life, to fear Death much, which is the necessary passage thereunto. He ought rather to desire and thirst after death, as great gain; Vitam habere in patientiâ, & mor­tem in desiderio; to endure Life, and desire Death. But it is great­er constancy, well to use the chain wherewith we are bound, than to break it. A man is not to abandon his charge in Life, without the express command of him that gave it him. Sylvanus and Proxi­mus, being pardoned by Nero, chose Death, rather than to Live up­on those terms. Nerva a great Lawyer, Cato of Urica, and others, died, as not able to bear the sight of the Weal-publick in that bad and declining state, into which by Gods Providence it was brought, in their times, but they should have considered,

Multa dies varius (que) labor mutabilis Aevi,
Retulit in melius.

A man ought to carry himself blamlesly and with a steddy cou­rage in his place and calling, against his assailants, and consider that it is better to continue firme and constant to the end, then fearfully to fly or dye. It is not a less evil to quit the place and fly, than obstinately to be taken and perish. It is a great point of wisdom to know the right hour and fit season to Die. Many men have survived their own Glory. That is the best Death which is [Page 130] well recollected in it self, quiet, solitary, and attendeth wholly to what at that time is fittest.

But let us more particularly, and upon truly and purely Christian Principles, weigh and consider Death.

They that live by Faith, die daily. The Life which Faith teaches, works Death. It leads up the mind to things not seen, which are eternal, and takes it off with its affections and desires, from things seen, which are temporary. It acquaints the soul experimentally with that heavenly way of converse and intercourse, which is not expressed by sensible signes, but by the demonstration proper to spi­rits, whether angels, souls separate, or souls yet in the body, as they live by faith, not by sense. In which respect, the use of voice and mouth is attributed to God, to Christ, to Angels, who have that with them and in them, whereby they outwardly manifest what they inwardly conceive, although they express not the inward word of their mental conception, by any outward voice, hand, eye, or other external sign, but by the way of its own self evidencing brightness, and essential demonstration. Such a way of living and shining forth in man's naked essential beams, he then arrives unto, when the thick vail and wall of his flesh is dissolved, and his earthly taberna­cle put off.

The knowledge, sight, and experience of such a kind of subsisting and heavenly manner of Life, that man is capable of, is the best preparative, and most powerful motive, to leave the body, and surcease the use of our earthly organs. This in effect is all that bo­dily death, rightly known and understood, doth impart; a lawful surceasing the use and exercise of our earthly organs, and our willing and chearful resorting to the use and exercise of that Life without the Body, which man is capable to subsist in, when made perfect in spirit, an equal and associate with angels, under the power and order of expressing what he inwardly conceives, as they do. This made Paul look upon Life in the Body, and Life out of it, with no indifferent eye, but as accounting the being at home in the body, an absence from the Lord; and such a kind of absence from the bo­dy as death causes, to be that which makes us most present with the Lord: which therefore we should be most willing unto, and with greatest longing after, desire. The strait which the Apostle found himself in, was not at all from the least haesitation in his mind, which of the two, was in it self best and to be preferred, but by which Christ might most be magnified, and the Church benefitted, according to the will of Christ.

[Page 131] So then unless to live were Christ, and a real and clear magnify­ing of Christ in his Body, he cared not for Life, but contemned Death. He saw evidently how it was his own particular loss and hindrance, even, not to Die, since to be dissolved, to depart and be with Christ, and in the Society of the blessed Angels and Saints in Heaven, was best of all, and far more gainful and to be valued by him, than any longer continuance or abode in the flesh.

The magnifying of Christ in his Body, whether by Life or by Death, was the Consideration with Paul, that held the ballance, cast the scale, and that onely. So it ought to be with every true Christian.

The end of man's coming into the Body, and his temporary con­tinuance and abode there, according to the Law of his Creation, is the magnifying and glorifying Christ, either by his Life or by his Death, or both, the one of which if he do not, it must needs be his sin, and he is left without excuse. For none can violate or corrupt the mind of man, by the Law of Nature, nor let in Death upon his Spiritual Substance, but himself, though they dissolve his tempo­rary abode in the flesh, break his outward case and shel; and rather than do the one, we should choose the other, choose affliction rather than sin, the dissolution of the Body, rather than the corrupting of the Mind. In so doing and dying, Christ is magnifyed. Thus Peter was foretold, by what Death he should glorify God. And to such it is given by Christ, not onely to Believe, but Suffer and Die for his Names sake, as a transcendent priviledge and honour.

If no restraint then be upon our mind from without, what hinders that Christ is not magnified in our Body, but something within us; in our judgement, will, and affections, that are not right set and fixed, nor as yet wrought to this self same thing by God, who hath given us the earnest of his Spirit?

But it may be demanded, What is it, in which this great duty of man lies, as to the magnifying of Christ in his Body by his Life, or living in the Body, which is a more difficult thing to do than to Die? Christ himself tells us, when he saith, Let your Light so shine before men, that they may see, feel, and sensibly discern, your good works; and so, glorify your father which is in Heaven.

There are two sorts of signs we read of, in those that believe, which justifie their Faith, in consortship (as it were) with which their Faith works and is made perfect, so as the work of Faith is ful­filled in them with power.

1. Signs Extraordinary, as Mark 16. 18. with which the Pri­mitive [Page 132] Christians were well acquainted, and so may all such again, as arrive to any competent maturity in that primitive Christian Spirit.

2. Signes Ordinary, as those mentioned, Gal. 5. 22, 23. called, the fruits of the Spirit in us, that makes us mighty in word and in deed, not onely to will but to perform that which is good; by being filled with the Spirit in our very Bodies, made the Temples of the holy Ghost, rich in Faith and Tuch good Works, as are the fruit of Faith, without which, Faith it self is dead and unprofitable; and by which, Abraham justi­fied his Faith, and was called, the Friend of God.

It is in this sense, the Prophet urges the sanctification of our Ves­sels, when he saith, Be ye clean that bear the Vessels of the Lord. And the Apostle, when he saith, 1 Cor. 6. 19. What! know ye not that your Body is the Temple of the holy Ghost, unto which Redemption by Christ extends, as well as to your Spirits? therefore glorify God in your Body as well as in your Spirit, which is God's, and wherein he hath and challengeth a special propriety.

The Body in Scripture acceptation, signifies, not onely the mate­rial substance, from which the Soul is actually separated, when it is laid in the Grave; but very usually the Soul it self, that is to say, that part of the Soul, which vitally unites the Body to it self, whose faculty and operation is in and by the Body, and doth properly and immediately exercise bodily Life, as that which is co-natural, and co-essential to it.

There is a higher part in man's Soul, called Spirit, in distincti­on from Soul and Body, expressed 1 Thes. 5. 23. as if the Spirit were an entire thing in it self, though it be that, in and with which, Soul and Body doth consist, as parts of the whole Man. I pray God, saith the Apostle, that your whole Spirit, Soul, and Body, be preserved blameless to the coming of Christ, and that you may be sanctified through­out, or in every part of you, in your Soul and in your Body, which are to be esteemed but as parts, comparatively with your whole Spirit.

Man, considered as entire in his Spirit, may have and hath be­ing, before he partakes of Flesh and Blood, as it is written, Behold, saith Christ, I and the children which thou hast given me. Forasmuch then as the children are partakers of Flesh and Blood, he also himself took part of the same: even he, who, with the children, were a my­stery hid with the Father, before the World was, and had their Se­minal and radical Being, in the Word of Life, the Father of Spirits. In this Word, as in the Image and Mental conception of the invi­sible God, the Souls of all men, even of Christ himself, as man, were [Page 133] comprehended, as in their original pattern and rule, in order at the time appointed, to come into flesh, and there make their tem­porary abode, allotted to them.

By the Condition and Law of Man's Creation, he is made a Spi­ritual essence, with two distinct faculties and operations, according to which he may be said to be both Immortal and Mortal, Immate­rial and Material, Spirit and Body, as Body signifies man's animal rational Soul, that is to live in flesh, and hath its peculiar desire, faculty, and operation, proportioned thereunto. In all this Man bears the Image and Similitude of God the Mediator, or of the Godhead in Christ, as two Natures in him are Hypostatically uni­ted, and make but one Compositum, or Person. This was compre­hended in that Counsel which the blessed Trinity took concerning the making of Man in their Image, and after their Similitude. He was made male and female in his very Spiritual substance.

First, with a faculty, and operation of mind, superiour, stronger and more excellent, which is free and independent upon bodily or­gans, exercising Life, properly and purely Spiritual and Immateri­al, above and without the use of sensible, signes, or shapes.

Secondly, With that inferiour faculty and operation of mind, whose subsistence, life, being, and motion, is in, with, and by the body, and through the use of bodily organs, sensible signes, and ex­ternal mediums, on the loss of which, this second faculty and ope­ration of man's Soul, which is the weaker, inferiour, and less va­luable, ceases; at least, is for a time suspended, which in Scripture phrase is called Death; even the Death of the Body. Yet the more vigorous the exercise of this latter is, and the more that thereby we are at home in the Body, the more in truth and reality we are dead; at least, asleep in the earth, as to our more Noble and Spiritual part, in and through which, we enjoy most of the presence of God and of Christ.

Since therefore, mans constitution of Being, in such, as he can­not live both these Lives together, untill the Resurrection, but that in the one of them, he must be incompleat, have his operation much suspended, and be, as it were dead or asleep.

To resolve which of these to choose and prefer, ought not to be so difficult, as commonly it is made.

On the SUFFERINGS of the Renowned Sir H. Vane, Knight.

—GReat Soul, ne're Understood
Until deciphered by thy Blood,
A Priest, a Prophet, and a King,
Systeme of every worthy thing.
Dying, that Liberty might Live,
The English Cause he doth retrieve;
Stating it in no formal dress,
But in the Spirit of Righteousness.
Which he from th'earth perceiving fled,
Dy'd, to Return with't from the Dead.
Persons or Forms of Government,
Did little make to his intent.
To nought was he an Enemy,
But what was fix'd in Enmity.
'Gainst which he fought with eager breath,
Became Victorious in his Death.
And this not by necessity,
It was his Principle to Dye.
Flesh will resist, but Faith can suffer,
The soft hand's gone, beware the rougher.
Th'envy and hate of every Form,
Upon his head pour'd down the Storm.
Whilst he sublim'd, and sav'd the good
O'th' lowest, and seal'd it with his Blood.
How great he was, his Enemies tell,
Who, while he liv'd, could not be well.
And in what stead his offering stood,
By resolute silence, Friends made good.
The male o'th' Flock is ta'ne, the best,
To expiate the blame o'th' rest.
What tears and prayers wanted in strength,
His crying blood brings down at length.
Groan, English Hearts! groan! help the cry,
Lord Jesus Come! I come quickly.

The Printer to the Reader.

IT's very probable thou mayest meet with some faults and mis­printings escaped the Corrector, which could not be avoided, by reason of the distance between the Transcriber and the Press; thou art desired to correct them, and pass them by with candor. One thou mayest find in page 54, and 55, all those words within the Parenthesis, should come in after the word Penetent. And page 97. in the Title to that part, read Case for Cause.

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