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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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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 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 'T is 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 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 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
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-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
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 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 variusque 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 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
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-Arraignment-day then to admit the Juries Verdict on his tryal-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 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 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 't is 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 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
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 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 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 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 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
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 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 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 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
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 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 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 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 'T is incident to