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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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. READER THou shalt not be detained with any flourishing Preface 'T is 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 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 Vpon 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 'T is 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 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

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 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 fore-judge 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 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 Vpman 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 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

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 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