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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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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
Rule cap 29. Nullus liber homo capiatur c. No free-man shall be taken or imprisoned or be disseised of his freehold or liberties or free-customs or be outlawed or exiled or any otherwise destroyed Nor we will not passe upon him nor condemn him but by lawful Judgement of his Peers or by the Law of the Land We will sell to no man we will not deny or defer to any man either Justice or Right Out of this Chapter as out of a root saith Sir Edward Cook do many fruitful branches of the Law of England spring It contains nine branches some whereof I shall insist upon in my Case First That no man be taken or imprisoned but per Legem Terrae that is by the Common Law or Custom of England which words per Legem Terrae though put last refer to all the precedent branches Secondly The Goods of any Offender cannot regularly be taken and seized to the King's use before Conviction nor be Inventoried nor the Town charged therewith before the owner be indicted of Record Thirdly No man shall be exiled or banished out of his Country not be in any sort destroyed but by the verdict of his Peers This appears by Bracton and other ancient Writers quoted by Cook in the third part of his Institutes fol. 228. Upon the whole matter saith Cook these two Conclusions are manifestly proved First That before Indictment the Goods or other things of any Offender cannot be searched inventoried or in any sort seized nor after Indictment seized removed or taken away before Conviction or Attainder Secondly That the begging of the Goods or Estate of any Delinquent accused or indicted of any Treason Felony or other offence before he be convicted and attainted is utterly unlawful Stat. Ri. 1. cap. 3. And besides it maketh the prosecution against the Delinquent more precipitant violent and undue than the quiet and equal proceedings of the Law and Justice would permit Or else by some under-hand Agreement stops or hinders the due course of Justice and discourageth both Judge Juror and Witness to do their duty Thirdly The Judges are not to give so much as their Opinion before-hand concerning the Offence whether it prove that Offence in that Case Cook in the chap. of Petty Treason fol. 29. expresly saith And to the end the Tryal may be the more indifferent seeing the safety of the Prisoner consists in the indifferency of the Court the Judges ought not to deliver their Opinions before-hand of any Criminal Case that may come before them judicially And he there cites Humphrey Staffords Case that Arch Traitor in which Hussey Chief Justice besought Hen. 7. not to demand of them their Opinions before-hand And in the 4th of his Institutes in the chap. of the High Court of Parliament fol. 37 he fully shews the evil of asking the Judges Opinions before-hand But instead of this The Judges being assistant in the Lords house when all Acts of Parliament passe and whose Advice is taken in them have as appears by what is declared in the said Acts prejudg'd by their Opinions and the Opinions of the Parliament before-hand the merit of the Cause that now appears to be put upon the Issue in my Tryal Hereby the Judges are rendred ex parte and the indifferency the Law requires impossible to be afforded Nor is this all but by the Rules declared in the Act of Indempnity all are disenabled to plead or make use of the Ordinances Orders and Votes of both or either Houses of Parliament that may have occasion thereof and then by excepting the Prisoner and his fellow out of the said Act and all benefit thereby a door is left open to Arraign bring to Tryal and Sentence the whole Cause from the beginning to the ending in the person of the Prisoner and at the same time deprive him of all means and possibility of Justification and Defence Fourthly It is observable how early hard measure appeared in the way wherein the Prisoner became excepted out of the Act of Indempnity when the Commons his proper Judges declared him in their thoughts not fit to be endangered in the point of Life yet unto the Judgment of the Lords that ought not to judge Commoners unbrought before them by the Commons much less in opposite Judgement to the Commons The Commons were necessitated to yeeld lest otherwise the Act of Indempnity to the whole Nation should stop upon this dispute and essential difference between the two Houses A Competition easily over-ruled although as it proves by the sequel That Act of Indempnity is like to become felo de se or a destroyer of it self if your Lordships shall conceive your selves at liberty notwithstanding that Act not only to bring anew into memory upon the stage the state of all the passed differences from first to last but to try and judge the merit of them in my person and therein call in question the validity of that whole Act and make void the benefit intended by it in case the War undertaken and managed by both or either of the Houses of Parliament be judged unlawful and within the Statute of 25. Ed. 3. For this adjudges all the People of England morally guilty of the evil of a sin and offence against the Law of Nature which once done what ever promised Indempnity be granted for the present the Evil of the Action remaining upon Record not only to the Infamy of the whole People of England but their future danger upon pretence they have forfeited the very Indempnity granted Fifthly The length of time taken to search out matter against the Prisoner and the undue practices and courses to find out Witnesses do further evidence how unlike the Prisoner is to have an equal and indifferent Tryal He doubts not this will appear in his two years close Imprisonement six months whereof was Banishment during which time he was never so much as once examined or had any question put to him whereby he might conjecture wherefore he was committed to Prison any further than was expressed in the Warrants of Commitments Now these were so general that nothing certain or particular could be gathered out of them But upon the received opinion that he was excepted out of the Act of Indempnity and in the sence of both Houses a great Delinquent his Estate was attempted to be inventoried his Rentals demanded his Rents were actually seized in the Tenants hands and they forbidden to pay them His very Courts were prohibited by Officers of great Personages claiming the Grant of the Estate and threatning his Officers from doing their duty By these kind of undue proceedings the Prisoner had not wherewithal to maintain himself in Prison and his Debts to the value of above ten thousand pounds were undischarged either Principal or Interest The hopes of private lucre and profit hereby was such in the Tenants and other persons sought out for far and near to be Witnesses that it is no wonder at last something by way
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