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 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 Law-giver 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 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 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
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 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 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 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 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 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 His SPEECH on the SCAFFOLD 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 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
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 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 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 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
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 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 'T is 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 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 Parliamenâ— 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 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
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 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 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 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
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 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 'T is true before I pleaded this Court promised I should have Counsel assigned me after pleading God forfend else said the Lord Chief Justice but 't is 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 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 't is 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 the words
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 Catilâ—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 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 Heaven-proof and then laying them together in the Heavenly Mansions with the Spirits of the Just till it be a compleat City When the Top-stone 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