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A63192 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. Vane, Henry, Sir, 1612?-1662, defendant.; England and Wales. Court of King's Bench. 1662 (1662) Wing T2216; ESTC R21850 115,834 133

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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 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 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 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 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
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 'T is 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 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 't is 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-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 'T was 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 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