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.
      
       
         
           1662
        
      
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             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.
          
           [2], 5-134, [1] p.
           
             s.n.],
             [London :
             1662.
          
           
             Place of publication from Wing.
             Errata note on p. [1] at end.
             Reproduction of original in Library of Congress.
          
        
      
    
     
       
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           Vane, Henry, -- Sir, 1612?-1662 -- Trials, litigation, etc.
           Trials (Treason) -- England.
        
      
    
     
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           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
           Oppressions
           of
           the
           People
           ,
           they
           were
           found
           guilty
           of
           .
        
         
           The
           Statute
           ,
           under
           colour
           whereof
           they
           acted
           ,
           ran
           to
           this
           effect
           .
           
             Be
             it
             enacted
             ,
             that
             the
             Justices
             of
             the
             Assizes
             ,
             and
             Justices
             of
             the
             Peace
             upon
             Information
             for
             the
             King
             ,
             before
             them
             to
             be
             made
             ,
             have
             full
             power
             and
             authority
             by
             their
             discretion
             ,
             to
             hear
             and
             determine
             all
             offences
             and
             contempts
             .
          
           Having
           this
           ground
           ,
           they
           proceeded
           against
           the
           People
           ,
           upon
           meer
           Information
           ,
           in
           the
           execution
           of
           Penal
           Laws
           ,
           without
           any
           Indictment
           or
           Presentment
           by
           good
           and
           lawful
           men
           ,
           but
           only
           by
           their
           own
           Promoters
           or
           Informers
           ,
           contrary
           to
           the
           29th
           of
           
           
             Magna
             Charta
          
           ,
           which
           requires
           ,
           That
           no
           free-man
           be
           proceeded
           against
           ,
           but
           by
           lawful
           Judgment
           of
           his
           Peers
           ,
           or
           by
           the
           Law
           of
           the
           Land.
           
        
         
           Secondly
           ,
           This
           Act
           allowed
           them
           to
           hear
           and
           determine
           arbitrarily
           ,
           by
           their
           own
           discretion
           ,
           which
           is
           not
           according
           to
           the
           Law
           and
           Custom
           of
           England
           .
           And
           Cook
           sayes
           ,
           't
           is
           the
           worst
           (
           and
           most
           aggravated
           )
           oppression
           of
           all
           ,
           that
           is
           done
           under
           the
           colour
           of
           Law
           ,
           or
           disguise
           of
           Justice
           .
        
         
           
             Such
             a
             Statute
             or
             Act
             of
             Parliament
             ,
             is
             ,
             not
             only
             against
             the
             light
             of
             Reason
             ,
             but
             against
             the
             express
             letter
             of
             unrepealed
             Statute-Law
          
           ;
           42.
           
           Edw.
           3.
           1.
           
           
             It
             is
             assented
             and
             accorded
          
           ,
           That
           the
           great
           Charter
           ,
           and
           the
           Charter
           of
           Forest
           be
           holden
           and
           kept
           in
           all
           points
           ,
           and
           if
           any
           Statute
           be
           made
           to
           the
           contrary
           ,
           that
           shall
           be
           holden
           for
           none
           .
        
         
           
             This
             also
             is
             consonant
             to
             the
             first
             chapter
             of
             the
             great
             Charter
             it self
             ,
             made
          
           9.
           
           Hen.
           3.
           
           We
           have
           granted
           to
           all
           the
           free-men
           of
           our
           Realm
           ,
           these
           Liberties
           under-written
           ,
           to
           have
           and
           to
           hold
           to
           them
           and
           their
           heirs
           ,
           of
           Us
           and
           our
           Heirs
           ,
           for
           ever
           .
        
         
           But
           what
           if
           this
           great
           Charter
           it self
           had
           never
           been
           made
           ?
           had
           England
           been
           to
           seek
           for
           righteous
           Laws
           and
           just
           Liberties
           ?
           nothing
           lesse
           .
           The
           same
           Liberties
           and
           Laws
           were
           ratified
           before
           that
           ,
           in
           the
           great
           Charter
           made
           the
           seventeenth
           year
           of
           King
           John
           ,
           and
           mentioned
           (
           among
           others
           )
           by
           
             Matthew
             Paris
          
           .
        
         
           And
           to
           what
           yet
           amounted
           the
           matter
           of
           all
           these
           Grants
           ,
           but
           what
           the
           Kings
           themselves
           were
           bound
           before
           to
           observe
           ,
           by
           their
           Coronation
           Oaths
           ,
           as
           the
           antient
           fundamental
           Laws
           or
           Customs
           of
           this
           Land
           ?
           This
           we
           may
           find
           in
           Mr.
           Lambard's
           Translation
           of
           the
           Saxon
           Laws
           ,
           from
           the
           time
           of
           King
           Ina
           ,
           who
           began
           anno
           712
           ;
           to
           Hen.
           1.
           who
           began
           1100.
           
           Amongst
           the
           Saxons
           ,
           King
           Alfred
           is
           reputed
           the
           most
           famous
           and
           learned
           Compiler
           of
           our
           Laws
           ,
           which
           were
           still
           handed
           along
           from
           one
           King
           to
           another
           ,
           as
           the
           unalterable
           Customs
           of
           the
           Kingdom
           .
           In
           the
           17th
           chapter
           of
           Edward
           the
           Confessor's
           Laws
           ,
           The
           mention
           of
           the
           duty
           of
           a
           King
           (
           which
           ,
           if
           not
           performed
           ,
           
             nec
             nomen
             Regis
             in
             eo
             constabit
          
           )
           is
           remarkable
           .
           And
           Mr.
           Lambard
           tells
           us
           ,
           that
           even
           William
           the
           Conqueror
           ,
           did
           ratifie
           and
           observe
           the
           same
           Laws
           that
           his
           kinsman
           Edward
           the
           Confessor
           did
           ,
           as
           obliged
           by
           his
           Coronation
           Oath
           .
        
         
           So
           then
           ,
           neither
           the
           great
           Charter
           in
           King
           John's
           time
           ,
           nor
           that
           of
           9.
           
           Hen.
           3.
           were
           properly
           a
           new
           Body
           of
           Law
           ,
           but
           a
           Declaration
           of
           the
           antient
           fundamental
           Laws
           ,
           Rights
           and
           Liberties
           of
           this
           Nation
           ,
           in
           Brittish
           ,
           Saxon
           ,
           Danish
           and
           Norman
           times
           ,
           before
           .
           This
           ,
           Cook
           in
           his
           Proem
           to
           the
           second
           part
           of
           his
           Institutes
           ,
           observes
           ;
           where
           he
           notes
           also
           ,
           that
           this
           Charter
           is
           not
           called
           great
           ,
           for
           quantity
           of
           words
           ,
           
           (
           a
           sheet
           of
           Paper
           will
           contain
           it
           )
           but
           for
           the
           great
           importance
           and
           weight
           of
           its
           matter
           .
        
         
           Through
           the
           advice
           of
           
             Hubert
             de
             Burgo
          
           Chief
           Justice
           of
           
             England
             ,
             Edward
          
           the
           first
           ,
           in
           the
           eleventh
           year
           of
           his
           Reign
           ,
           did
           ,
           in
           a
           Council
           held
           at
           Oxford
           ,
           unjustly
           cancel
           this
           great
           Charter
           ,
           and
           that
           of
           Forest
           :
           Hubert
           therefore
           was
           justly
           sentenc'd
           according
           to
           Law
           ,
           by
           his
           Peers
           ,
           in
           open
           Parliament
           .
           Then
           ,
           25
           Ed.
           1.
           
           The
           Statute
           ,
           called
           ,
           
             Confirmationes
             Charrarum
          
           was
           made
           ,
           in
           the
           first
           chapter
           whereof
           ,
           the
           
             Mag.
             Charta
          
           is
           peculiarly
           called
           the
           Common
           Law.
           25.
           
           Ed.
           1.
           cap.
           2.
           
           
             Any
             Judgment
             given
             contrary
             to
             the
             said
             Charter
             ,
             is
             to
             be
             undone
             and
             holden
             for
             naught
          
           And
           cap.
           4.
           
           
             Any
             that
             by
             word
             ,
             deed
             ,
             or
             counsel
             ,
             go
             contrary
             to
             the
             said
             Charter
             ,
             are
             to
             be
             excommunicated
             by
             the
             Bishops
             ;
             and
             the
             Arch-Bishops
             of
          
           Canterbury
           and
           York
           
             are
             bound
             to
             compel
             the
             other
             Bishops
             to
             denounce
             sentence
             accordingly
             ,
             in
             case
             of
             their
             remisness
             or
             neglect
             .
          
        
         
           The
           next
           famous
           sticklers
           to
           
             Hubert
             de
             Burgo
          
           ,
           for
           Arbitrary
           Domination
           ,
           were
           the
           two
           Spencers
           ,
           father
           and
           son
           ,
           by
           whose
           rash
           and
           evil
           counsel
           (
           sayes
           
             Cook
             )
             Edward
          
           the
           second
           was
           seduced
           to
           break
           the
           Great
           Charter
           ,
           and
           they
           were
           banished
           for
           their
           pains
           .
        
         
           By
           these
           passages
           we
           may
           observe
           ,
           how
           the
           People
           would
           still
           be
           strugling
           (
           in
           and
           by
           their
           Representatives
           )
           for
           their
           Legal
           Rights
           and
           Just
           Liberties
           ;
           to
           obviate
           the
           Encroachers
           whereof
           ,
           they
           procured
           several
           new
           Ratifications
           of
           their
           old
           Laws
           ,
           which
           were
           indeed
           in
           themselves
           unrepealable
           ,
           even
           by
           Parliaments
           ,
           if
           they
           will
           act
           as
           men
           ,
           and
           not
           contradict
           the
           Law
           of
           their
           own
           Reason
           ,
           and
           of
           the
           common
           Reason
           of
           all
           mankind
           .
        
         
           By
           25
           Ed.
           1.
           cap.
           1.
           
           Justices
           ,
           Sheriffs
           ,
           Majors
           ,
           and
           other
           Ministers
           ,
           that
           have
           the
           Laws
           of
           the
           Land
           to
           guide
           them
           ,
           are
           required
           to
           allow
           the
           said
           Charter
           to
           be
           pleaded
           in
           all
           its
           points
           ,
           and
           in
           all
           causes
           that
           shall
           come
           before
           them
           in
           Judgment
           .
        
         
           This
           is
           a
           clause
           (
           sayes
           Cook
           )
           worthy
           to
           be
           written
           in
           letters
           of
           gold
           ;
           
             That
             the
             Laws
             to
             be
             the
             Judges
             guides
             ,
          
           (
           and
           therefore
           not
           the
           Judges
           ,
           the
           guides
           of
           the
           Laws
           ,
           by
           their
           arbitrary
           glosses
           )
           which
           never
           yet
           misguided
           any
           that
           certainly
           knew
           and
           truly
           followed
           them
           .
           In
           consonancy
           herewith
           ,
           the
           Spaniard
           sayes
           ,
           Of
           all
           the
           three
           learned
           Professions
           ,
           The
           Lawyer
           is
           the
           only
           letter'd
           man
           ,
           his
           business
           and
           duty
           being
           to
           follow
           the
           plain
           literal
           construction
           of
           the
           Law
           ,
           as
           his
           guide
           ,
           in
           giving
           Judgment
           .
           Pretence
           of
           mystery
           here
           ,
           carries
           in
           the
           bowels
           of
           it
           ,
           intents
           ,
           or
           at
           least
           a
           deep
           suspition
           of
           arbitrary
           domination
           .
           The
           mind
           of
           the
           Law
           is
           not
           subject
           to
           be
           clouded
           ,
           disturbed
           or
           perverted
           
           by
           passion
           or
           interest
           .
           'T
           is
           far
           otherwise
           with
           Judges
           ;
           therefore
           't
           is
           fitter
           and
           safer
           the
           Law
           should
           guide
           them
           ,
           than
           they
           the
           Law.
           Cook
           on
           the
           last
           mentioned
           Statute
           affirms
           ,
           That
           this
           great
           Charter
           ,
           and
           the
           Charter
           of
           Forest
           ,
           are
           properly
           the
           Common
           Law
           of
           this
           Land
           ,
           or
           the
           Law
           that
           is
           common
           to
           all
           the
           People
           thereof
           .
        
         
           2
           Ed.
           3.
           cap.
           8.
           
           Exact
           care
           is
           taken
           ,
           that
           no
           Commands
           by
           the
           Great
           or
           Little
           Seal
           ,
           shall
           come
           to
           disturb
           or
           delay
           Common
           Right
           .
           Or
           ,
           if
           such
           Commands
           come
           ,
           the
           Justices
           are
           not
           thereby
           to
           leave
           to
           do
           Right
           ,
           in
           any
           point
           .
           So
           14
           Ed.
           3.
           14.
           11
           
           Ric.
           2.
           10.
           
           
             The
             Judges
             Oath
          
           ,
           18
           Ed.
           3.
           7
           ,
           
             runs
             thus
          
           :
        
         
           If
           any
           force
           come
           to
           disturb
           the
           execution
           of
           the
           Common
           Law
           ,
           ye
           shall
           cause
           their
           bodies
           to
           be
           arrested
           and
           put
           into
           Prison
           .
           Ye
           shall
           deny
           no
           man
           Right
           by
           the
           King's
           Letters
           ,
           nor
           counsel
           the
           King
           any
           thing
           that
           may
           turn
           to
           his
           dammage
           or
           disherison
           .
        
         
           The
           late
           King
           in
           his
           Declaration
           at
           Newmarket
           ,
           1641
           ,
           acknowledged
           the
           Law
           to
           be
           the
           Rule
           of
           his
           Power
           .
           And
           his
           Majesty
           that
           now
           is
           ,
           in
           his
           Speech
           to
           both
           Houses
           ,
           the
           19th
           of
           May
           last
           ,
           said
           excellently
           ,
           
             The
             good
             old
             Rules
             of
             Law
             are
             our
             best
             security
             .
          
        
         
           The
           Common
           Law
           then
           ,
           or
           Liberties
           of
           England
           ,
           comprized
           in
           the
           
             Magna
             Charta
          
           and
           the
           Charter
           of
           Forest
           ,
           are
           rendred
           as
           secure
           ,
           as
           authentick
           words
           can
           set
           them
           ,
           from
           all
           Judgments
           or
           Precedents
           to
           the
           contrary
           in
           any
           Courts
           ,
           all
           corrupting
           advice
           or
           evil
           counsel
           of
           any
           Judges
           ,
           all
           Letters
           or
           Countermands
           from
           the
           Kings
           Person
           ,
           under
           the
           Great
           or
           Privy
           Seals
           ;
           yea
           ,
           and
           from
           any
           Acts
           of
           Parliament
           it self
           ,
           that
           are
           contrary
           thereunto
           .
           As
           to
           the
           Judges
           ,
           no
           question
           ,
           they
           well
           know
           the
           story
           of
           the
           44
           corrupt
           Judges
           ,
           executed
           by
           King
           Alfred
           ,
           as
           also
           of
           
             Tresillian
             ,
             Belknap
          
           ,
           and
           many
           others
           since
           .
        
         
           By
           11
           Hen.
           7.
           cap.
           1.
           
           They
           that
           serve
           the
           King
           in
           his
           Wars
           ,
           according
           to
           their
           duty
           of
           Allegiance
           ,
           for
           defence
           of
           the
           King
           and
           the
           Land
           ,
           are
           indempnified
           ;
           If
           against
           the
           Land
           ,
           and
           so
           not
           according
           to
           their
           Allegiance
           ,
           the
           last
           clause
           of
           that
           chapter
           seems
           to
           exclude
           them
           from
           the
           benefit
           of
           this
           Act.
           
        
         
           6
           Hen.
           8.
           16.
           
           Knights
           and
           Burgesse
           of
           Parliament
           are
           required
           not
           to
           depart
           from
           the
           Parliament
           ,
           till
           it
           be
           fully
           finished
           ,
           ended
           or
           prorogued
           .
        
         
           28
           Ed.
           3.
           cap.
           3.
           
           No
           man
           is
           to
           be
           imprisoned
           ,
           disherited
           ,
           or
           put
           to
           death
           ,
           without
           being
           heard
           what
           he
           can
           say
           for
           himself
           .
        
         
           4
           Ed.
           3.
           14.
           and
           36.
           
           Ed.
           3.
           10.
           
           A
           Parliament
           is
           to
           be
           holden
           every
           year
           ▪
           or
           oftner
           if
           need
           be
           .
        
         
           1
           Ric.
           3.
           cap.
           2.
           
           The
           subjects
           of
           this
           Realm
           are
           not
           to
           be
           charged
           with
           any
           new
           imposition
           ,
           called
           a
           Benevolence
           .
        
         
         
           37
           Ed.
           3.
           c.
           18.
           
           All
           those
           that
           make
           suggestions
           against
           any
           man
           to
           the
           King
           ,
           are
           to
           be
           sent
           with
           their
           suggestions
           before
           the
           Chancellor
           ,
           Treasurer
           ,
           and
           his
           grand
           Council
           ,
           and
           there
           to
           find
           surety
           that
           they
           will
           pursue
           their
           suggestions
           ;
           and
           are
           to
           incur
           the
           same
           pain
           ,
           the
           party
           by
           them
           accused
           should
           have
           had
           ,
           if
           attained
           ,
           in
           case
           the
           suggestion
           be
           found
           evil
           ,
           or
           false
           .
        
         
           21
           Jacobi
           ,
           cap.
           3.
           
           All
           Monopolies
           and
           Dispensations
           ,
           with
           Penal
           Laws
           ,
           are
           made
           void
           ,
           as
           contrary
           to
           the
           great
           Charters
           .
        
         
           These
           quotations
           of
           several
           Statutes
           ,
           as
           Ratifications
           and
           Restorers
           of
           the
           Laws
           of
           the
           Land
           ,
           are
           prefixed
           to
           the
           following
           Discourses
           and
           Pleas
           of
           this
           Sufferer
           ,
           as
           certain
           steady
           ,
           unmovable
           Land-marks
           ,
           to
           which
           he
           oft
           relates
           .
           The
           rouling
           Seas
           have
           other
           Laws
           ,
           peculiar
           to
           themselves
           ,
           as
           Cook
           observes
           (
           on
           that
           expression
           ,
           Law
           of
           the
           Land
           )
           in
           his
           Comment
           on
           the
           29th
           Chapter
           of
           
             Magna
             Charta
          
           .
           Offences
           done
           upon
           the
           High
           Sea
           ,
           the
           Admiral
           takes
           conusance
           of
           ,
           and
           proceeds
           by
           the
           Marine
           Law.
           
        
         
           But
           have
           those
           steady
           Land-marks
           ,
           though
           exactly
           observed
           and
           never
           so
           pertinently
           quoted
           and
           urged
           by
           this
           Sufferer
           ,
           failed
           him
           ,
           as
           to
           the
           securing
           of
           his
           Life
           ?
           'T
           is
           because
           we
           have
           had
           Land-floods
           of
           late
           ;
           Tumults
           of
           the
           People
           ,
           that
           are
           compared
           to
           the
           
             raging
             Seas
          
           ,
           Psal
           .
           65.
           7.
           
        
         
           
             The
             first
             Paper
             of
             this
             deceased
             Sufferer
             ,
             towards
             the
             defence
             of
             his
             Cause
             and
             Life
             ,
             preparatory
             to
             the
             Tryal
             ,
             (
             as
             the
             foundation
             of
             all
             that
             follows
             )
             before
             he
             could
             know
             how
             the
             Indictment
             was
             laid
             ,
             (
             and
             which
             also
             a
             glance
             back
             to
             any
             crime
             of
             Treason
             since
             the
             beginning
             of
             the
             late
             War
             ,
             that
             the
             Attorney
             General
             reckoned
             him
             chargeable
             with
             ,
             shews
             to
             be
             very
             requist
             )
             take
             as
             followeth
             .
          
           
             Memorandums
             touching
             my
             Defence
             .
          
           
             THe
             Offence
             objected
             against
             me
             ,
             is
             
               levying
               War
            
             ,
             within
             the
             Statute
             25
             Ed.
             3.
             and
             by
             consequence
             ,
             a
             most
             high
             and
             great
             failer
             in
             the
             duty
             which
             the
             Subject
             ,
             according
             to
             the
             Laws
             of
             England
             ,
             stands
             obliged
             to
             perform
             ,
             in
             relation
             to
             the
             Imperial
             Crown
             and
             Soveraign
             Power
             of
             England
             .
          
           
             The
             crime
             ,
             if
             it
             prove
             any
             ,
             must
             needs
             be
             very
             great
             ,
             considering
             the
             circumstances
             with
             which
             it
             hath
             been
             accompaned
             :
             For
             it
             relates
             to
             ,
             
             and
             takes
             in
             a
             series
             of
             publick
             action
             ,
             of
             above
             twenty
             years
             continuance
             .
             It
             took
             its
             rise
             and
             had
             its
             root
             in
             the
             Being
             ,
             Authority
             Judgment
             ,
             Resolutions
             ,
             Votes
             and
             Orders
             of
             a
             Parliament
             ,
             and
             that
             ,
             a
             Parliament
             not
             onely
             authorized
             and
             commissionated
             in
             the
             ordinary
             and
             customary
             way
             ,
             by
             his
             Majesties
             Writ
             of
             Summons
             ,
             and
             the
             Peoples
             Election
             and
             Deputation
             ,
             subject
             to
             Adjournment
             ,
             Discontinuance
             ,
             and
             Dissolution
             ,
             at
             the
             King's
             will
             ;
             but
             which
             by
             express
             Act
             of
             Parliamen●
             ,
             was
             constituted
             in
             its
             continuance
             and
             exercise
             of
             its
             Power
             free
             from
             that
             subjection
             ,
             and
             made
             therein
             wholly
             to
             depend
             upon
             their
             own
             will
             ,
             to
             be
             declared
             in
             an
             Act
             of
             Parliament
             ,
             to
             be
             passed
             for
             that
             purpose
             ,
             when
             they
             should
             see
             cause
             .
             To
             speak
             plainly
             and
             clearly
             in
             this
             matter
             ;
             That
             which
             is
             endeavoured
             to
             be
             made
             a
             Crime
             and
             an
             Offence
             of
             such
             an
             high
             nature
             in
             my
             person
             ,
             is
             no
             other
             than
             the
             necessary
             and
             unavoidable
             Actings
             of
             the
             Representative
             Body
             of
             the
             Kingdom
             ,
             for
             the
             preservation
             of
             the
             good
             People
             thereof
             ,
             in
             their
             allegiance
             and
             duty
             to
             God
             and
             his
             Law
             ,
             as
             also
             from
             the
             imminent
             dangers
             and
             destruction
             threatned
             them
             ,
             from
             God's
             and
             their
             own
             Enemies
             .
          
           
             
               This
               made
               both
               Houses
               in
               their
            
             Remonstrance
             (
             May
             26.
             1642.
             
             )
             protest
             ;
             If
             the
             Malignant
             spirits
             about
             the
             King
             ,
             should
             ever
             force
             or
             necessitate
             them
             to
             defend
             their
             Religion
             ,
             the
             Kingdom
             ,
             the
             Priviledges
             of
             Parliament
             ,
             and
             the
             Rights
             and
             Liberties
             of
             the
             Subjects
             ,
             with
             their
             Swords
             ;
             The
             Blood
             and
             Destruction
             that
             should
             ensue
             therupon
             ,
             must
             be
             wholly
             cast
             upon
             their
             account
             ,
             God
             and
             their
             own
             consciences
             telling
             them
             ,
             that
             they
             were
             clear
             ;
             and
             would
             not
             doubt
             ,
             but
             that
             God
             and
             the
             whole
             world
             would
             clear
             them
             therein
             .
          
           
             In
             his
             Majesties
             Answer
             to
             the
             Declaration
             of
             the
             two
             Houses
             ,
             (
             May
             19.
             1642.
             
             )
             he
             acknowledgeth
             his
             going
             into
             the
             House
             of
             Commons
             to
             demand
             the
             five
             Members
             ,
             was
             an
             errour
             :
             And
             that
             was
             it
             ,
             which
             gave
             the
             Parliament
             the
             first
             cause
             to
             put
             themselves
             in
             a
             posture
             of
             defence
             ,
             by
             their
             own
             Power
             and
             Authority
             ,
             in
             commanding
             the
             Trained-Bands
             of
             the
             City
             of
             London
             ,
             to
             guard
             and
             secure
             them
             from
             Violence
             ,
             in
             the
             discharge
             of
             their
             Trust
             and
             Duty
             ,
             as
             the
             two
             Houses
             of
             Parliament
             ,
             appointed
             by
             Act
             ,
             to
             continue
             ,
             as
             above-mentioned
             .
          
           
             The
             next
             cause
             was
             ,
             his
             Majesties
             raising
             Forces
             at
             York
             ,
             (
             under
             pretence
             of
             a
             Guard
             )
             expressed
             in
             the
             humble
             Petition
             of
             the
             Lords
             and
             Commons
             ,
             (
             May
             23.
             1642.
             
             )
             wherein
             they
             beseech
             his
             Majesty
             to
             disband
             all
             such
             Forces
             ,
             and
             desist
             from
             any
             further
             designs
             of
             that
             nature
             ,
             otherwise
             they
             should
             hold
             themselves
             bound
             in
             duty
             towards
             God
             ,
             and
             the
             Trust
             reposed
             in
             them
             by
             the
             People
             ,
             and
             the
             Fundamental
             
             Laws
             and
             Constitutions
             of
             this
             Kingdom
             ,
             to
             employ
             their
             care
             and
             utmost
             power
             ,
             to
             secure
             the
             Parliament
             ,
             and
             preserve
             the
             peace
             and
             quiet
             of
             the
             Kingdom
             .
          
           
             May
             20.
             1642
             ,
             The
             two
             Houses
             of
             Parliament
             gave
             their
             Judgment
             ,
             in
             these
             Votes
             .
          
           
             First
             ,
             That
             it
             appears
             ,
             that
             the
             King
             (
             seduced
             by
             wicked
             Counsel
             )
             intends
             to
             make
             War
             against
             the
             Parliament
             ,
             who
             in
             all
             their
             Consultations
             and
             Actions
             have
             proposed
             no
             other
             end
             to
             themselves
             ,
             but
             the
             Care
             of
             his
             Kingdoms
             ,
             and
             the
             performance
             of
             all
             Duty
             and
             Loyalty
             to
             his
             Person
             .
          
           
             Secondly
             ,
             That
             whensoever
             the
             King
             maketh
             War
             upon
             the
             Parliament
             ,
             it
             is
             a
             breach
             of
             Trust
             reposed
             in
             him
             by
             his
             People
             ,
             contrary
             to
             his
             Oath
             ,
             and
             tending
             to
             the
             dissolution
             of
             this
             Government
             .
          
           
             Thirdly
             ,
             That
             whosoever
             shall
             serve
             or
             assist
             him
             in
             such
             Wars
             ,
             are
             Traytors
             by
             the
             fundamental
             Laws
             of
             this
             Kingdom
             ,
             and
             have
             been
             so
             adjudged
             by
             two
             Acts
             of
             Parliament
             ,
             and
             ought
             to
             suffer
             as
             Traitors
             .
          
           
             Die
             Jovis
             ,
             Octob.
             8.
             1642.
             ,
             
               In
               the
               Instructions
               agreed
               upon
               by
               the
               Lords
               and
               Commons
               about
               the
               Militia
               ,
               They
               declare
               ,
            
             That
             the
             King
             (
             seduced
             by
             wicked
             Counsel
             )
             hath
             raised
             War
             against
             the
             Parliament
             ,
             and
             other
             his
             good
             Subjects
             .
          
           
             
               And
               by
               the
               Judgment
               and
               Resolution
               of
               both
               Houses
               ,
               bearing
               date
            
             Aug.
             13.
             1642
             ,
             
               upon
               occasion
               of
               his
               Majesties
            
             Proclamation
             
               for
               suppressing
               the
               present
               Rebellion
               under
               the
               Command
               of
            
             Robert
             
               Earl
               of
            
             Essex
             ,
             
               They
               do
               unanimously
               publish
               and
               declare
               ,
            
             That
             all
             they
             who
             have
             advised
             ,
             declared
             ,
             abetted
             ,
             or
             countenanced
             ,
             or
             hereafter
             shall
             abet
             and
             countenance
             the
             said
             Proclamation
             ,
             are
             Traytors
             and
             Enemies
             to
             God
             ,
             the
             King
             and
             Kingdom
             ,
             and
             guilty
             of
             the
             highest
             degree
             of
             Treason
             that
             can
             be
             committed
             against
             the
             King
             and
             Kingdom
             ,
             as
             that
             which
             invites
             his
             Majesties
             Subjects
             to
             destroy
             his
             Parliament
             ,
             and
             good
             People
             ,
             by
             a
             Civil
             War
             ;
             and
             by
             that
             means
             ,
             to
             bring
             ruine
             ,
             confusion
             and
             perpetual
             slavery
             upon
             the
             surviving
             part
             of
             a
             then
             wretched
             Kingdom
             .
          
           
             The
             Law
             is
             acknowledged
             by
             the
             King
             ,
             to
             be
             the
             
               onely
               Rule
            
             ,
             by
             which
             the
             People
             can
             be
             iustly
             governed
             ;
             and
             that
             as
             it
             is
             his
             duty
             ,
             so
             it
             shall
             be
             his
             perpetual
             ,
             vigilant
             care
             ,
             to
             see
             to
             it
             :
             Therefore
             he
             will
             not
             suffer
             either
             or
             both
             Houses
             by
             their
             Vo●es
             ,
             without
             or
             against
             his
             Consent
             ,
             to
             enjoyn
             any
             thing
             that
             is
             forbidden
             by
             the
             Law
             ,
             or
             to
             forbid
             any
             thing
             that
             is
             enjoyned
             by
             the
             Law.
             
          
           
             
               The
               King
               does
               assert
               in
               his
               Answer
               to
               the
               Houses
               Petition
               ,
            
             (
             May
             23.
             1642.
             )
             That
             He
             is
             a
             part
             of
             the
             Parliament
             ,
             which
             they
             take
             
             upon
             them
             to
             defend
             and
             secure
             ;
             and
             that
             his
             Prerogative
             is
             a
             part
             of
             ,
             and
             a
             defence
             to
             the
             Laws
             of
             the
             Land.
             
          
           
             
               In
               the
               Remonstrance
               of
               both
               Houses
               ,
            
             (
             May
             26.
             1642.
             )
             
               They
               do
               assert
            
             ;
             That
             if
             they
             have
             made
             any
             Precedents
             this
             Parliament
             ,
             they
             have
             made
             them
             for
             posterity
             ,
             upon
             the
             same
             or
             better
             grounds
             of
             Reason
             and
             Law
             ,
             than
             those
             were
             ,
             upon
             which
             their
             Predecessors
             made
             any
             for
             them
             ;
             
               and
               do
               say
            
             ,
             That
             as
             some
             Precedents
             ought
             not
             to
             be
             Rules
             for
             them
             to
             follow
             ,
             so
             none
             can
             be
             limits
             to
             bound
             their
             Proceedings
             ,
             which
             may
             and
             must
             vary
             ,
             according
             to
             the
             different
             condition
             of
             times
             .
          
           
             And
             for
             the
             particular
             ,
             with
             which
             they
             were
             charged
             ,
             of
             setting
             forth
             Declarations
             to
             the
             People
             who
             have
             chosen
             and
             entrusted
             them
             with
             all
             that
             is
             dearest
             to
             them
             ,
             if
             there
             be
             no
             example
             for
             it
             in
             former
             times
             ;
             They
             say
             ,
             
               it
               is
               because
               there
               never
               were
               such
               Monsters
               before
               ,
               that
               attempted
               to
               disaffect
               the
               People
               towards
               a
               Parliament
               .
            
          
           
             They
             further
             say
             ;
             
               His
               Majesties
               Towns
               are
               no
               more
               his
               care
               than
               his
               Kingdom
               ,
               nor
               his
               Kingdom
               than
               his
               People
               ,
               who
               are
               not
               so
               his
               own
               ,
               that
               he
               hath
               absolute
               power
               over
               them
               ,
               or
               in
               them
               ,
               as
               in
               his
               proper
               Goods
               and
               Estate
               ;
               but
               fiduciary
               ,
               for
               the
               Kingdom
               ,
               and
               in
               the
               paramount
               right
               of
               the
               Kingdom
               .
            
             They
             also
             acknowledge
             the
             Law
             ,
             to
             be
             the
             safeguard
             and
             custody
             of
             all
             publick
             and
             private
             Interests
             .
             They
             also
             hold
             it
             fit
             ,
             to
             declare
             unto
             the
             Kingdom
             ,
             (
             whose
             Honour
             and
             Interest
             is
             so
             much
             concerned
             in
             it
             )
             what
             is
             the
             Priviledge
             of
             the
             great
             Council
             of
             Parliament
             ,
             herein
             ;
             and
             what
             is
             the
             Obligation
             that
             lies
             upon
             the
             Kings
             of
             this
             Realm
             ,
             as
             to
             the
             passing
             such
             Bills
             as
             are
             offered
             to
             them
             by
             both
             Houses
             ,
             in
             the
             name
             ,
             and
             for
             the
             good
             of
             the
             whole
             Kingdom
             ,
             whereunto
             they
             stand
             engaged
             ,
             both
             in
             Conscience
             and
             Justice
             ,
             to
             give
             their
             Royal
             Assent
             .
          
           
             First
             ,
             
               In
               Conscience
            
             ;
             in
             respect
             of
             the
             Oath
             that
             is
             ,
             or
             ought
             to
             be
             taken
             by
             them
             ,
             at
             their
             Coronation
             ,
             as
             well
             to
             confirm
             by
             their
             Royal
             Assent
             ,
             all
             such
             good
             Laws
             as
             the
             People
             shall
             chuse
             ,
             (
             whereby
             to
             remedy
             such
             inconveniencies
             as
             the
             Kingdom
             may
             suffer
             )
             as
             to
             keep
             and
             protect
             the
             Laws
             already
             in
             being
             .
          
           
             The
             form
             of
             the
             Oath
             is
             upon
             Record
             ,
             and
             asserted
             by
             Books
             of
             good
             authority
             ,
             Unto
             it
             relation
             is
             had
             ,
             25
             Ed.
             3.
             entitiled
             ,
             
               The
               Statute
               of
               Provisors
               of
               Benefices
               .
            
          
           
             Hereupon
             ,
             The
             said
             Commons
             prayed
             our
             said
             Lord
             the
             King
             ,
             (
             sith
             the
             Right
             of
             the
             Crown
             of
             England
             ,
             and
             the
             Law
             of
             the
             said
             Realm
             ,
             is
             such
             ,
             that
             upon
             the
             mischiefs
             and
             dammages
             which
             happen
             to
             this
             Realm
             ,
             he
             ought
             and
             is
             bound
             by
             his
             Oath
             ,
             with
             the
             accord
             
             of
             his
             People
             in
             Parliament
             ,
             to
             make
             Remedy
             and
             Law
             ,
             for
             the
             removing
             thereof
             )
             That
             it
             may
             please
             him
             to
             ordain
             Remedy
             .
          
           
             This
             Right
             ,
             thus
             claimed
             by
             the
             Lords
             and
             Commons
             ,
             the
             King
             doth
             not
             deny
             ,
             in
             his
             Answer
             thereunto
             .
          
           
             Secondly
             ,
             
               In
               Justice
            
             the
             Kings
             are
             obliged
             as
             well
             as
             in
             Conscience
             ,
             in
             respect
             of
             the
             Trust
             reposed
             in
             them
             ,
             to
             preserve
             the
             Kingdom
             by
             the
             making
             of
             new
             Laws
             ,
             where
             there
             shall
             be
             need
             ,
             as
             well
             as
             by
             observing
             of
             Laws
             already
             made
             ;
             a
             Kingdom
             being
             many
             times
             as
             much
             exposed
             to
             ruine
             for
             want
             of
             a
             new
             Law
             ,
             as
             by
             the
             violation
             of
             those
             that
             are
             in
             being
             .
          
           
             This
             is
             a
             most
             clear
             Right
             ,
             not
             to
             be
             denyed
             ,
             but
             to
             be
             as
             due
             from
             his
             Majesty
             to
             his
             People
             ,
             as
             his
             Protection
             .
             In
             all
             Laws
             framed
             by
             both
             Houses
             ,
             as
             
               Petitions
               of
               Right
            
             ,
             they
             have
             taken
             themselves
             to
             be
             so
             far
             Judges
             of
             the
             Rights
             claimed
             by
             them
             ,
             That
             when
             the
             King's
             Answer
             hath
             not
             been
             in
             every
             point
             ,
             fully
             according
             to
             their
             desire
             ,
             they
             have
             still
             insisted
             upon
             their
             Claim
             ,
             and
             never
             given
             it
             over
             ,
             till
             the
             Answer
             hath
             been
             according
             to
             their
             demand
             ,
             as
             was
             done
             in
             the
             late
             
               Petition
               of
               Right
            
             ,
             3.
             
             Caroli
             .
          
           
             This
             shews
             ,
             the
             two
             Houses
             of
             Parliament
             are
             Judge
             between
             the
             King
             and
             the
             People
             in
             question
             of
             Right
             ,
             as
             in
             the
             Case
             also
             of
             Ship-money
             and
             other
             illegal
             Taxes
             ;
             and
             if
             so
             ,
             why
             should
             they
             not
             also
             be
             Judge
             in
             the
             Cases
             of
             the
             Common
             Good
             and
             Necessity
             of
             the
             Kingdom
             ,
             wherein
             the
             Kingdom
             hath
             as
             clear
             a
             Right
             to
             have
             the
             benefit
             and
             remedy
             of
             the
             Law
             ,
             as
             in
             any
             other
             matter
             ,
             saying
             Pardon
             and
             Grants
             of
             Favour
             ?
          
           
             The
             Malignant
             Party
             are
             they
             ,
             that
             not
             only
             neglect
             and
             despise
             ,
             but
             labour
             to
             undermine
             the
             Law
             ,
             under
             colour
             of
             maintaining
             it
             .
             They
             endeavour
             to
             destroy
             the
             Fountain
             and
             Conservators
             of
             the
             Law
             ,
             the
             Parliament
             .
             They
             make
             other
             Judges
             of
             the
             Law
             ,
             than
             what
             the
             Law
             hath
             appointed
             .
             They
             set
             up
             other
             Rules
             for
             themselves
             to
             walk
             by
             ,
             than
             such
             as
             are
             according
             to
             Law
             ;
             and
             dispence
             with
             the
             Subjects
             obedience
             ,
             to
             that
             which
             the
             Law
             calls
             Authority
             ,
             and
             to
             their
             Determinations
             and
             Resolutions
             ,
             to
             whom
             the
             Judgment
             doth
             appertain
             by
             Law
             :
             Yea
             ,
             though
             but
             private
             persons
             ,
             they
             make
             the
             Law
             to
             be
             their
             Rule
             ,
             according
             to
             their
             own
             understanding
             only
             ,
             contrary
             to
             the
             Judgment
             of
             those
             that
             are
             the
             competent
             Judges
             thereof
             .
          
           
             The
             King
             asserts
             ,
             That
             the
             Act
             of
             Sir
             
               John
               Hotham
            
             was
             
               levying
               War
               against
               the
               King
            
             ,
             by
             the
             letter
             of
             the
             Statute
             ,
             25
             Ed.
             3.
             cap.
             2.
             
          
           
             The
             Houses
             state
             the
             Case
             ,
             and
             deny
             it
             to
             be
             within
             that
             Statute
             ;
             saying
             ,
             If
             the
             letter
             of
             that
             Statute
             be
             thought
             to
             import
             this
             ;
             That
             
             no
             War
             can
             be
             levied
             against
             the
             King
             ,
             but
             what
             is
             directed
             and
             intended
             against
             his
             Person
             ;
             Or
             ,
             that
             every
             levying
             of
             Forces
             for
             the
             defence
             of
             the
             King's
             Authority
             ,
             and
             of
             his
             Kingdom
             ,
             against
             the
             personal
             Commands
             of
             the
             King
             ,
             opposed
             thereunto
             ,
             (
             though
             accompanied
             with
             his
             presence
             )
             is
             Treason
             ,
             or
             levying
             War
             against
             the
             King
             ;
             Such
             Interpretation
             is
             very
             far
             from
             the
             sense
             of
             that
             Statute
             ,
             and
             so
             much
             the
             Statute
             it self
             speaks
             ,
             beside
             the
             authority
             of
             Book-cases
             .
             For
             if
             the
             clause
             of
             levying
             War
             had
             been
             meant
             only
             against
             the
             King's
             Person
             ,
             what
             need
             had
             there
             been
             thereof
             ,
             after
             the
             other
             branch
             in
             the
             same
             Statute
             ,
             of
             compassing
             the
             King's
             death
             ,
             which
             would
             necessarily
             have
             implied
             this
             ?
             And
             because
             the
             former
             doth
             imply
             this
             ,
             it
             seems
             not
             at
             all
             to
             be
             intended
             ,
             at
             least
             not
             chiefly
             ,
             in
             the
             latter
             branch
             ,
             but
             the
             levying
             War
             against
             his
             Laws
             and
             Authority
             ;
             and
             such
             a
             levying
             War
             ,
             though
             not
             against
             his
             Person
             ,
             is
             a
             levying
             War
             against
             the
             King
             ;
             whereas
             the
             levying
             of
             Force
             against
             his
             personal
             Commands
             ,
             though
             accompanied
             with
             his
             Presence
             ,
             and
             not
             against
             his
             Laws
             and
             Authority
             ,
             but
             in
             the
             maintenance
             thereof
             ,
             is
             no
             levying
             of
             War
             against
             the
             King
             ,
             but
             for
             him
             ,
             especially
             in
             a
             time
             of
             so
             many
             successive
             plots
             and
             designs
             of
             Force
             against
             the
             Parliament
             and
             Kingdom
             ,
             of
             probable
             Invasion
             from
             abroad
             ,
             and
             of
             so
             great
             distance
             and
             alienation
             of
             his
             Majesties
             affections
             from
             his
             Parliament
             and
             People
             ,
             and
             of
             the
             particular
             danger
             of
             the
             Place
             and
             Magazine
             of
             Hull
             ,
             of
             which
             the
             two
             Houses
             sitting
             ,
             are
             the
             most
             proper
             Judges
             .
          
           
             In
             proclaiming
             Sir
             
               John
               Hotham
            
             Traitor
             ,
             they
             say
             ,
             The
             breach
             of
             the
             Priviledge
             of
             Parliament
             was
             very
             clear
             ,
             and
             the
             subversion
             of
             the
             Subjects
             common
             Right
             .
             For
             though
             the
             Priviledges
             of
             Parliament
             extend
             not
             to
             these
             cases
             ,
             mentioned
             in
             the
             Declaration
             of
             Treason
             ,
             Felony
             ,
             and
             breach
             of
             the
             Peace
             .
             so
             as
             to
             exempt
             the
             Members
             of
             Parliament
             from
             Punishment
             ,
             or
             from
             all
             manner
             of
             Process
             and
             Tryal
             ,
             yet
             it
             doth
             priviledge
             them
             in
             the
             way
             and
             method
             of
             their
             Tryal
             and
             Punishment
             ,
             and
             that
             the
             Parliament
             should
             first
             have
             the
             Cause
             brought
             before
             them
             ,
             that
             they
             may
             judge
             of
             the
             Fact
             ,
             and
             of
             the
             grounds
             of
             their
             Accusation
             ,
             and
             how
             far
             forth
             the
             manner
             of
             their
             Tryal
             may
             or
             may
             not
             concern
             the
             Priviledge
             of
             Parliament
             :
             Otherwise
             ,
             under
             this
             pretext
             ,
             the
             Priviledge
             of
             Parliament
             in
             this
             matter
             ,
             may
             be
             so
             essentially
             broken
             ,
             as
             thereby
             the
             very
             Being
             of
             Parliaments
             may
             be
             destroyed
             .
             Neither
             doth
             the
             sitting
             of
             a
             Parliament
             suspend
             all
             or
             any
             Law
             ,
             in
             maintaining
             that
             Law
             ,
             which
             upholds
             the
             Priviledge
             of
             Parliament
             ,
             which
             upholds
             the
             Parliament
             ,
             which
             upholds
             the
             Kingdom
             .
          
           
           
             They
             further
             assert
             ;
             That
             in
             some
             sense
             ,
             they
             acknowledge
             the
             King
             to
             be
             the
             only
             person
             ,
             against
             whom
             Treason
             can
             be
             committed
             ,
             that
             is
             ,
             as
             he
             is
             King
             ,
             and
             that
             Treason
             which
             is
             against
             the
             Kingdom
             ,
             is
             more
             against
             the
             King
             ,
             than
             that
             which
             is
             against
             his
             Person
             ;
             because
             he
             
               is
               King
            
             :
             For
             Treason
             is
             not
             Treason
             ,
             as
             it
             is
             against
             him
             
               as
               a
               man
            
             ,
             but
             
               as
               a
               man
               that
               is
               a
               King
               ,
            
             and
             as
             he
             hath
             ,
             and
             stands
             in
             that
             relation
             to
             the
             Kingdom
             ,
             entrusted
             with
             the
             Kingdom
             ,
             and
             discharging
             that
             Trust
             .
          
           
             They
             also
             a
             vow
             ,
             That
             there
             can
             be
             no
             competent
             Judge
             of
             this
             or
             any
             the
             like
             case
             ,
             but
             a
             Parliament
             ;
             and
             do
             say
             ,
             that
             if
             the
             wicked
             Counsel
             about
             the
             King
             could
             master
             this
             Parliament
             by
             force
             ,
             they
             would
             hold
             up
             the
             same
             power
             to
             deprive
             us
             of
             all
             Parliaments
             ,
             which
             are
             the
             ground
             and
             pillar
             of
             the
             Subjects
             Liberty
             ,
             and
             that
             which
             only
             maketh
             England
             a
             free
             Monarchy
             .
          
           
             The
             Orders
             of
             the
             two
             Houses
             carry
             in
             them
             
               Law
               for
               their
               limits
               ,
               and
               the
               Safety
               of
               the
               Land
               for
               their
               end
               .
            
             This
             makes
             them
             not
             doubt
             but
             all
             his
             Majesties
             good
             Subjects
             will
             yeeld
             obedience
             to
             his
             Majesties
             Authority
             ,
             signified
             therein
             by
             both
             Houses
             of
             Parliament
             :
             for
             whose
             encouragement
             ,
             and
             that
             they
             may
             know
             their
             Duty
             in
             matters
             of
             that
             nature
             ,
             and
             upon
             how
             sure
             a
             ground
             they
             go
             ,
             that
             follow
             the
             Judgement
             of
             Parliament
             for
             their
             guide
             ;
             They
             alledge
             the
             true
             meaning
             and
             ground
             of
             that
             Statute
             ,
             11.
             
             
               Hen.
               7.
               cap.
            
             1.
             printed
             at
             large
             in
             his
             Majesties
             Message
             ,
             May
             4
             ;
             This
             Statute
             provides
             ,
             that
             none
             that
             shall
             attend
             upon
             the
             King
             and
             do
             him
             true
             service
             ,
             shall
             be
             attainted
             ,
             or
             forfeit
             any
             thing
             .
          
           
             What
             was
             the
             scope
             of
             this
             Statute
             ?
          
           
             Answ
             .
             To
             provide
             ,
             that
             men
             should
             not
             suffer
             as
             Traitors
             for
             serving
             the
             King
             in
             his
             Wars
             ,
             according
             to
             the
             duty
             of
             their
             Allegiance
             .
             But
             if
             this
             had
             been
             all
             ,
             it
             had
             been
             a
             very
             needless
             and
             ridiculous
             Statute
             .
             Was
             it
             then
             intended
             (
             as
             they
             seem
             to
             make
             it
             ,
             that
             print
             it
             with
             his
             Majesties
             Message
             )
             that
             those
             should
             be
             free
             from
             all
             crime
             and
             penalty
             ,
             that
             should
             follow
             the
             King
             and
             serve
             him
             in
             War
             ,
             in
             any
             case
             whatsoever
             ,
             whether
             it
             were
             for
             or
             against
             the
             Kingdom
             or
             the
             Laws
             thereof
             ?
             That
             cannot
             be
             :
             for
             that
             could
             not
             stand
             with
             the
             duty
             of
             their
             Allegiance
             ,
             which
             ,
             in
             the
             beginning
             of
             this
             Statute
             ,
             is
             expressed
             to
             be
             ,
             
               to
               serve
               the
               King
               for
               the
               time
               being
               in
               his
               Wars
               ,
               for
               the
               defence
               of
               him
               and
               the
               Land.
            
             If
             therefore
             it
             be
             against
             the
             Land
             ,
             (
             as
             it
             must
             be
             ,
             if
             it
             be
             against
             the
             Parliament
             ,
             the
             Representative
             Body
             of
             the
             Kingdom
             )
             it
             is
             a
             declining
             from
             the
             duty
             of
             Allegiance
             ,
             which
             this
             Statute
             supposes
             may
             be
             done
             ,
             though
             men
             should
             follow
             the
             Kings
             
             Person
             in
             the
             War.
             Otherwise
             ,
             there
             had
             been
             no
             need
             of
             such
             a
             Proviso
             in
             the
             end
             of
             the
             Statute
             ,
             that
             none
             should
             take
             benefit
             thereby
             ,
             that
             should
             decline
             from
             their
             Allegiance
             .
          
           
             That
             therefore
             which
             is
             the
             Principal
             Verb
             in
             this
             ,
             is
             
               the
               serving
               of
               the
               King
               for
               the
               time
               being
               ,
            
             which
             cannot
             be
             meant
             of
             a
             
               Perkin
               Warbeck
            
             ,
             or
             any
             that
             should
             call
             himself
             King
             ,
             but
             such
             a
             one
             ,
             as
             (
             whatever
             his
             Title
             might
             prove
             ,
             either
             in
             himself
             or
             in
             his
             Ancestors
             )
             should
             be
             received
             and
             acknowledged
             for
             such
             ,
             by
             the
             Kingdome
             ,
             the
             Consent
             whereof
             cannot
             be
             discern'd
             but
             by
             Parliament
             ;
             the
             Act
             whereof
             ,
             is
             the
             Act
             of
             the
             whole
             Kingdom
             ,
             by
             the
             personal
             Suffrage
             of
             the
             Peers
             ,
             and
             the
             Delegate
             Consent
             of
             the
             Commons
             of
             
               England
               .
               Henry
            
             7th
             therefore
             ,
             a
             wise
             Prince
             ,
             to
             clear
             this
             matter
             of
             contest
             ,
             happening
             between
             Kings
             
               de
               facto
            
             and
             Kings
             
               de
               jure
            
             ,
             procured
             this
             Statute
             to
             be
             made
             ,
             
               That
               none
               shall
               be
               accounted
               a
               Traitor
               for
               serving
               in
               his
               Wars
               ,
               the
               King
               for
               the
               time
               being
            
             ;
             that
             is
             ,
             him
             that
             is
             for
             the
             present
             allowed
             and
             received
             by
             the
             Parliament
             in
             behalf
             of
             the
             Kingdom
             .
             And
             as
             it
             is
             truly
             suggested
             in
             the
             Preamble
             of
             the
             Statute
             ;
             It
             is
             not
             agreeable
             to
             reason
             or
             conscience
             ,
             that
             it
             should
             be
             otherwise
             ,
             seeing
             men
             should
             be
             put
             upon
             an
             impossibility
             of
             knowing
             their
             duty
             ,
             if
             the
             Judgment
             of
             the
             highest
             Court
             should
             not
             be
             a
             Rule
             to
             guide
             them
             .
             And
             if
             the
             Judgment
             thereof
             is
             to
             be
             followed
             ,
             when
             the
             question
             is
             ,
             
               who
               is
               King
            
             ?
             much
             more
             ,
             when
             the
             question
             is
             ,
             
               what
               is
               the
               best
               service
               of
               the
               King
               and
               Kingdom
               ?
            
             Those
             therefore
             that
             shall
             guide
             themselves
             by
             the
             Judgment
             of
             Parliament
             ,
             ought
             (
             what
             ever
             happen
             )
             to
             be
             secure
             and
             free
             from
             all
             account
             and
             penalties
             ,
             upon
             the
             ground
             and
             equity
             of
             this
             Statute
             .
          
           
             To
             make
             the
             Parliament
             countenancers
             of
             Treason
             ,
             they
             say
             ,
             is
             enough
             to
             have
             dissolv'd
             all
             the
             bands
             of
             service
             and
             confidence
             between
             his
             Majesty
             and
             his
             Parliament
             ,
             of
             whom
             the
             Law
             sayes
             ,
             a
             dishonourable
             thing
             ought
             not
             to
             be
             imagined
             .
          
           
             This
             Conclusion
             then
             is
             a
             clear
             Result
             from
             what
             hath
             been
             argued
             ;
             That
             in
             all
             Cases
             of
             such
             difficulty
             and
             unusualness
             ,
             happening
             by
             the
             over-ruling
             Providence
             of
             God
             ,
             as
             render
             it
             impossible
             for
             the
             Subject
             to
             know
             his
             duty
             ,
             by
             any
             known
             Law
             or
             certain
             Rule
             extant
             ,
             his
             relying
             then
             ,
             upon
             the
             Judgment
             and
             Reason
             of
             the
             whole
             Realm
             ,
             declared
             by
             their
             Representative
             Body
             in
             Parliament
             ,
             then
             sitting
             ,
             and
             adhering
             thereto
             ,
             and
             pursuing
             thereof
             ,
             (
             though
             the
             same
             afterwards
             be
             by
             succeeding
             Parliaments
             ,
             judged
             erroneous
             ,
             factious
             and
             unjust
             )
             is
             most
             agreeable
             to
             right
             Reason
             and
             good
             Conscience
             ;
             and
             in
             so
             doing
             ,
             all
             persons
             are
             to
             be
             free
             and
             secure
             from
             all
             Account
             
             and
             Penalties
             ,
             not
             only
             upon
             the
             ground
             and
             equity
             of
             that
             Statute
             ,
             11
             Hen.
             7.
             but
             according
             to
             all
             Rules
             of
             Justice
             ,
             natural
             or
             moral
             .
          
        
         
           
             The
             day
             of
             Arraignment
             ,
             being
             Monday
             
               June
               2.
               1662.
               
            
          
           
             Reader
             ,
             The
             best
             account
             thou
             canst
             yet
             be
             furnished
             with
             ,
             as
             to
             this
             dayes
             proceedings
             in
             Court
             ,
             is
             ,
             as
             followeth
             .
          
           
             SIR
             
               Henry
               Vane
            
             was
             the
             last
             Term
             ,
             indicted
             of
             High
             Treason
             ,
             before
             the
             Middlesex
             Grand
             Jury
             ,
             and
             the
             Bill
             being
             found
             by
             them
             ,
             he
             was
             upon
             Monday
             the
             second
             of
             June
             this
             Term
             ,
             arraigned
             ,
             to
             this
             effect
             .
          
           
             That
             you
             as
             a
             false
             Traitor
             against
             his
             most
             excellent
             Majesty
             King
             
               Charles
               the
               second
            
             ,
             your
             supream
             and
             natural
             Lord
             ,
             not
             having
             the
             fear
             of
             God
             before
             your
             eyes
             ,
             and
             withdrawing
             that
             your
             duty
             and
             allegiance
             ,
             which
             a
             true
             Subject
             ought
             to
             have
             and
             bear
             to
             our
             said
             Leige
             and
             sovereign
             Lord
             ,
             thirteenth
             of
             May
             ,
             in
             the
             eleventh
             year
             of
             our
             said
             sovereign
             Lord
             the
             King
             ,
             at
             the
             Parish
             of
             St.
             Martins
             in
             the
             fields
             in
             the
             Country
             of
             Middlesex
             ,
             did
             compass
             and
             imagine
             the
             Death
             of
             our
             said
             sovereign
             Lord
             the
             King
             ,
             and
             the
             ancient
             frame
             of
             Government
             of
             this
             Realm
             ,
             totally
             to
             subvert
             and
             keep
             out
             our
             said
             sovereign
             Lord
             from
             the
             exercise
             of
             his
             Regal
             Government
             ;
             and
             the
             same
             the
             better
             to
             effect
             ,
             the
             said
             Sir
             
               Henry
               Vane
            
             the
             said
             thirteenth
             day
             of
             May
             ,
             in
             the
             said
             eleventh
             your
             ,
             &c.
             at
             St.
             Martins
             aforesaid
             ,
             together
             with
             other
             false
             Traitors
             ,
             to
             the
             Jurors
             unknown
             ,
             did
             traiterously
             and
             maliciously
             assemble
             and
             sit
             together
             ,
             and
             then
             and
             there
             consulted
             to
             bring
             the
             King
             unto
             destruction
             ,
             and
             to
             hold
             him
             out
             from
             the
             exercise
             of
             his
             Regal
             Authority
             ,
             and
             then
             and
             there
             usurped
             the
             Government
             ,
             and
             appointed
             Officers
             ,
             to
             wit
             ,
             Colonels
             and
             Captains
             of
             a
             certain
             Army
             ,
             raised
             against
             the
             King
             ,
             against
             the
             Peace
             of
             our
             sovereign
             Lord
             the
             King
             his
             Crown
             and
             Dignity
             ,
             and
             contrary
             to
             the
             form
             of
             the
             Statute
             in
             that
             case
             made
             and
             provided
             .
          
           
             And
             the
             better
             to
             effect
             this
             ,
             the
             twentieth
             of
             December
             ,
             in
             the
             said
             eleventh
             year
             ,
             with
             a
             multitude
             ,
             to
             the
             number
             of
             a
             thousand
             persons
             ,
             to
             the
             Jurors
             unknown
             ,
             in
             warlike
             manner
             assembled
             ,
             and
             arrayed
             with
             Guns
             ,
             Trumpets
             ,
             Drums
             ,
             &c.
             did
             levy
             War
             against
             the
             Peace
             ,
             &c.
             and
             contrary
             to
             the
             form
             of
             a
             Statute
             .
          
           
             Which
             being
             read
             ,
             he
             prayed
             to
             have
             it
             read
             a
             second
             time
             ,
             which
             was
             granted
             him
             .
             He
             then
             prayed
             to
             have
             it
             read
             in
             Latine
             ,
             which
             
             all
             the
             Court
             denyed
             ,
             and
             Keeling
             the
             King's
             Serjeant
             said
             ,
             That
             though
             all
             Pleas
             and
             Entries
             are
             set
             down
             on
             Record
             in
             Latine
             ,
             yet
             the
             agitations
             of
             Causes
             in
             Court
             ,
             ought
             to
             be
             in
             English
             .
          
           
             The
             Prisoner
             moved
             several
             Exceptions
             to
             the
             Indictment
             ,
             as
             that
             the
             25.
             
             Ed.
             3.
             is
             not
             pursued
             ;
             that
             he
             had
             levied
             no
             such
             force
             as
             amounted
             to
             a
             levying
             of
             War
             ;
             Also
             ,
             the
             place
             in
             which
             ,
             persons
             with
             whom
             ,
             are
             both
             uncertain
             ;
             and
             the
             particular
             acts
             of
             levying
             War
             ,
             being
             not
             set
             forth
             ,
             he
             thought
             therefore
             the
             Indictment
             was
             insufficient
             .
             Also
             ,
             he
             said
             ,
             here
             is
             a
             long
             time
             of
             Action
             for
             which
             I
             am
             charged
             ,
             and
             I
             may
             be
             concern'd
             for
             what
             I
             acted
             as
             a
             Member
             in
             that
             sovereign
             Court
             of
             Parliament
             ,
             and
             if
             any
             thing
             concerns
             the
             Jurisdiction
             of
             that
             Court
             ,
             I
             ought
             not
             to
             be
             judged
             here
             ;
             at
             which
             the
             Court
             and
             King's
             Counsel
             took
             great
             offence
             .
          
           
             He
             said
             also
             ;
             There
             hath
             been
             an
             Act
             of
             General
             Pardon
             ,
             since
             that
             time
             ,
             whereby
             all
             Treasons
             are
             put
             in
             utter
             oblivion
             ,
             and
             though
             Sir
             
               Henry
               Vane
            
             were
             excepted
             ,
             yet
             none
             consent
             that
             he
             was
             that
             Sir
             
               Henry
               Vane
            
             .
             But
             the
             King's
             Counsel
             said
             ,
             If
             he
             would
             plead
             that
             Plea
             ,
             they
             would
             joyn
             that
             Issue
             with
             him
             ,
             if
             he
             pleased
             ,
             which
             if
             it
             should
             be
             found
             against
             him
             ,
             it
             would
             be
             too
             late
             to
             plead
             ,
             
               not
               guilty
            
             .
          
           
             But
             the
             Court
             said
             ,
             in
             favour
             of
             life
             ,
             a
             man
             may
             plead
             a
             double
             Plea
             ,
             and
             give
             in
             his
             Exception
             ,
             and
             plead
             over
             to
             the
             Felony
             or
             Treason
             ,
             
               not
               guilty
            
             .
          
           
             But
             as
             to
             the
             Exceptions
             taken
             to
             the
             Indictment
             ,
             they
             gave
             little
             heed
             to
             them
             ,
             but
             pressed
             him
             to
             plead
             or
             confess
             .
          
           
             Whereupon
             he
             pleaded
             ,
             
               Not
               guilty
            
             ;
             and
             had
             four
             dayes
             ,
             to
             wit
             ,
             till
             Friday
             next
             ,
             for
             his
             Tryal
             .
          
           
             
               From
               another
               hand
               ,
               take
               ,
               as
               followeth
               .
            
          
           
             The
             Prisoner
             did
             much
             press
             for
             Counsel
             to
             be
             allowed
             him
             ,
             to
             advise
             with
             about
             any
             further
             Exceptions
             to
             the
             Indictment
             ,
             besides
             those
             by
             him
             exhibited
             ,
             and
             to
             put
             all
             into
             form
             ,
             according
             to
             the
             customary
             proceedings
             and
             language
             of
             the
             Law
             ,
             as
             also
             to
             speak
             to
             them
             at
             the
             Bar
             ,
             on
             his
             behalf
             ,
             he
             not
             being
             vers'd
             in
             the
             punctilio's
             of
             Law-writings
             and
             Pleas.
             He
             further
             said
             .
             That
             the
             Indictment
             ,
             which
             so
             nearly
             concern'd
             his
             Life
             ,
             being
             long
             ,
             and
             his
             memory
             short
             ,
             it
             could
             not
             well
             be
             imagined
             that
             he
             should
             upon
             the
             bare
             hearing
             it
             read
             ,
             be
             able
             in
             an
             instant
             to
             find
             out
             every
             material
             Exception
             against
             it
             ,
             in
             form
             or
             matter
             .
             He
             pleaded
             a
             good
             while
             on
             this
             account
             ,
             but
             Counsel
             was
             finally
             denied
             him
             till
             he
             should
             plead
             guilty
             or
             
               not
               guilty
            
             ,
             unto
             
             which
             ,
             being
             a
             third
             time
             urged
             ,
             he
             pleaded
             
               Not
               guilty
            
             ;
             The
             Court
             having
             assured
             him
             beforehand
             ,
             that
             after
             pleading
             ,
             Counsel
             should
             be
             assigned
             him
             ,
             which
             yet
             never
             was
             performed
             .
          
           
             Here
             followeth
             a
             Transcript
             of
             the
             Prisoners
             own
             Papers
             ,
             containing
             certain
             Memorandums
             pleadable
             upon
             his
             Arraignment
             .
          
        
         
           
             Memorandums
             for
             ,
             and
             towards
             my
             Defence
             .
          
           
             Upon
             hearing
             the
             Indictment
             read
             ,
             and
             before
             pleading
             .
          
           
             FIrst
             ,
             To
             lay
             before
             the
             Court
             the
             impossibility
             that
             he
             humbly
             conceives
             ,
             is
             already
             in
             view
             ,
             as
             to
             the
             having
             any
             such
             indifferent
             and
             equal
             Tryal
             ,
             as
             the
             Law
             intends
             him
             ,
             and
             doth
             require
             and
             command
             on
             the
             behalf
             of
             all
             the
             free-People
             of
             England
             .
             The
             Rise
             for
             this
             Conception
             he
             takes
             from
             what
             hath
             been
             already
             done
             in
             relation
             to
             the
             Prisoner
             himself
             ,
             unheard
             ,
             unexamined
             ,
             and
             yet
             kept
             close
             Prisoner
             for
             near
             two
             whole
             years
             .
             This
             he
             shall
             leave
             to
             the
             Judgment
             of
             the
             Court
             ,
             after
             he
             hath
             made
             known
             the
             particulars
             thereof
             unto
             them
             ,
             as
             necessary
             to
             precede
             the
             thing
             demanded
             of
             him
             ,
             in
             pleading
             guilty
             ,
             or
             
               not
               guilty
            
             .
          
           
             Secondly
             ,
             What
             is
             the
             indifferency
             which
             the
             Law
             requires
             and
             appoints
             throughout
             ,
             as
             well
             in
             matters
             that
             go
             before
             the
             Tryal
             ,
             as
             in
             the
             proceedings
             at
             the
             Tryal
             if
             it self
             ?
          
           
             Before
             the
             Tryal
             ,
             and
             in
             the
             first
             step
             to
             it
             ,
             which
             is
             the
             keeping
             and
             securing
             his
             person
             ,
             
               Magna
               Charta
            
             is
             clear
             ,
             and
             gives
             this
             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
             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
               .
               And
               the
               open
               levying
               of
               War
               ,
               and
               appearing
               in
               the
               head
               of
               a
               Regiment
               ,
               is
               not
               only
               a
               Treason
               of
               it self
               ,
               but
               an
               evidence
               of
               all
               those
               other
               Treasons
               he
               stands
               charged
               with
               in
               the
               Indictment
               .
            
             
               These
               things
               happening
               before
               the
               Act
               of
               Oblivion
               ,
               you
               will
               take
               notice
               of
               that
               Act
               ,
               
               and
               that
               the
               Prisoner
               being
               excepted
               by
               name
               from
               the
               benefit
               of
               that
               Pardon
               ,
               though
               he
               be
               chargeable
               for
               any
               crime
               of
               Treason
               since
               the
               beginning
               of
               the
               late
               War
               ,
               yet
               we
               shall
               confine
               the
               Facts
               for
               which
               we
               charge
               him
               ,
               to
               the
               Reign
               of
               his
               now
               Majesty
               .
            
             
               After
               the
               House
               had
               voted
               the
               late
               King's
               Concessions
               in
               the
               Isle
               of
               Wight
               to
               be
               a
               good
               ground
               for
               Peace
               ,
               many
               of
               the
               Members
               were
               kept
               out
               by
               force
               ,
               others
               turned
               out
               ;
               the
               Peers
               laid
               aside
               ,
               and
               at
               last
               ,
               the
               King
               murdered
               .
               The
               first
               thing
               then
               that
               we
               shall
               lay
               to
               the
               charge
               of
               the
               Prisoner
               ,
               is
               ,
               That
               that
               very
               day
               ,
               wherein
               that
               horried
               Act
               was
               committed
               ,
               we
               find
               his
               hand
               and
               seal
               to
               a
               Warrant
               to
               the
               Officers
               of
               the
               Navie
               ,
               to
               issue
               out
               Stores
               for
               a
               Summers
               Guard
               of
               the
               
                 Narrow
                 Seas
              
               .
               This
               was
               the
               first
               day
               of
               the
               Reign
               of
               his
               now
               Majesty
               ;
               and
               so
               he
               enumerated
               all
               the
               Particulars
               which
               he
               intended
               to
               charge
               him
               with
               ,
               and
               proved
               them
               ,
               as
               followeth
               .
            
             
               1.
               
               The
               Warrant
               of
               the
               30th
               of
               Jan.
               48
               ,
               was
               proved
               to
               be
               the
               hand
               of
               Sir
               
                 Henry
                 Vane
              
               ,
               by
               
                 Thomas
                 Lewis
              
               and
               
                 Thomas
                 Turner
              
               ,
               as
               they
               believe
               ,
               neither
               of
               them
               affirming
               that
               they
               saw
               him
               write
               it
               ,
               but
               knowing
               his
               hand
               ,
               believed
               it
               to
               be
               so
               .
            
             
               2.
               
               
                 Ralph
                 Darnel
              
               ,
               an
               Under-Clerk
               of
               the
               House
               of
               Commons
               ,
               proved
               the
               Journal
               Book
               of
               the
               House
               ,
               and
               said
               ,
               though
               he
               will
               not
               take
               upon
               him
               to
               say
               ,
               when
               Sir
               
                 Henry
                 Vane
              
               was
               there
               ,
               and
               when
               he
               was
               absent
               ,
               yet
               he
               said
               positively
               ,
               that
               at
               what
               time
               soever
               he
               is
               set
               down
               in
               the
               Journal
               ,
               to
               have
               acted
               or
               reported
               any
               thing
               ,
               he
               was
               there
               .
               In
               which
               Book
               ,
               Febr.
               7.
               1648.
               fol.
               653
               ,
               was
               the
               Order
               to
               set
               up
               a
               
                 Council
                 of
                 State.
              
               
            
             
               Fol.
               684.
               13th
               Feb.
               were
               the
               Instructions
               presented
               to
               the
               House
               ,
               upon
               which
               the
               Council
               of
               State
               was
               to
               act
               .
            
             
               1.
               
               
                 The
                 first
                 was
              
               ,
               That
               you
               ,
               or
               any
               four
               or
               more
               ,
               are
               to
               suppress
               all
               and
               every
               person
               and
               persons
               pretending
               Title
               to
               the
               Kingly
               Government
               of
               this
               Nation
               ,
               from
               or
               by
               the
               late
               King
               ;
               
                 Charles
                 Steward
              
               ,
               his
               son
               ;
               or
               any
               claiming
               from
               or
               by
               them
               or
               either
               of
               them
               ,
               or
               any
               other
               Single
               Person
               whatsoever
               .
            
             
             
               This
               the
               Attorney
               said
               ,
               was
               in
               the
               first
               part
               of
               that
               Instruction
               ,
               to
               destroy
               the
               King's
               Person
               ,
               and
               in
               the
               second
               part
               ,
               the
               Kingly
               Government
               .
            
             
               2.
               
               That
               you
               ,
               &c.
               are
               appointed
               to
               direct
               the
               Forces
               of
               this
               Commonwealth
               ,
               for
               the
               preventing
               and
               suppressing
               of
               Tumults
               and
               Insurrections
               at
               home
               ,
               or
               Invasions
               from
               abroad
               ;
               and
               for
               these
               ends
               ,
               to
               raise
               Forces
               ,
               &c.
               
            
             
               3.
               
               That
               Febr.
               14.
               1648.
               fol.
               695
               ;
               Sir
               
                 Henry
                 Vane
              
               was
               chosen
               a
               Member
               of
               the
               Council
               of
               State
               ,
               and
               acted
               upon
               these
               Instructions
               ,
               which
               they
               proved
               thus
               ;
               To
               wit
               ,
            
             
               First
               ,
               That
               Sir
               
                 Henry
                 Vane
              
               ,
               as
               (
               fol.
               893
               )
               23d
               of
               March
               1648
               ,
               Reported
               from
               the
               Council
               of
               State
               ,
               an
               Estimate
               of
               the
               number
               of
               Ships
               for
               the
               Summers
               Guard
               of
               the
               
                 Narrow
                 Seas
              
               .
            
             
               Secondly
               ,
               March
               30.
               1649
               ,
               Sir
               
                 Henry
                 Vane
              
               reports
               from
               the
               Council
               of
               State
               ,
               That
               ten
               thousand
               pounds
               ,
               parcel
               of
               the
               twenty
               thousand
               pounds
               ,
               assessed
               upon
               
                 South
                 Wales
              
               for
               their
               Delinquency
               ,
               be
               allowed
               towards
               the
               setting
               out
               of
               this
               Fleet
               ,
               for
               the
               service
               of
               the
               Parliament
               ;
               which
               was
               Ordered
               accordingly
               ,
               and
               to
               be
               paid
               to
               Sir
               
                 Henry
                 Vane
              
               ,
               as
               Treasurer
               of
               the
               Navie
               .
            
             
               Thirdly
               ,
               That
               Sir
               
                 Hen.
                 Vane
              
               usually
               sate
               in
               Council
               ,
               but
               this
               Deponent
               ,
               being
               never
               admitted
               to
               go
               in
               ,
               after
               the
               Council
               was
               sate
               ,
               proves
               ,
               that
               he
               often
               saw
               him
               go
               in
               at
               the
               fore-door
               and
               back-door
               ,
               and
               often
               continue
               there
               all
               the
               time
               the
               Council
               was
               sitting
               .
            
             
               
                 William
                 Dobbins
              
               and
               
                 Matthew
                 Lock
              
               say
               ,
               That
               they
               several
               times
               saw
               Sir
               
                 Henry
                 Vane
              
               sit
               in
               a
               Committee
               of
               the
               Council
               ,
               in
               the
               years
               1651
               and
               1652
               ,
               which
               consisted
               only
               of
               Members
               of
               the
               Council
               ,
               and
               particularly
               at
               the
               Committee
               for
               Scotish
               and
               Irish
               Affairs
               ,
               where
               Sir
               
                 Henry
                 Vane
              
               was
               often
               in
               the
               Chair
               ,
               and
               produced
               several
               ●●ders
               of
               that
               Committee
               .
            
             
               Fourthly
               ,
               Febr.
               12.
               1649
               ,
               A
               new
               Council
               of
               State
               was
               chosen
               ,
               of
               which
               Sir
               
                 Henry
                 Vane
              
               was
               one
               ,
               fol.
               720.
               
            
             
               Feb.
               13.
               1649
               ,
               All
               the
               Instructions
               of
               the
               former
               year
               were
               read
               and
               assented
               to
               .
            
             
               Feb.
               22.
               1649.
               fol.
               760
               ,
               Sir
               
                 Henry
                 Vane
              
               reported
               the
               form
               of
               an
               Oath
               of
               Secresie
               to
               be
               administred
               to
               every
               of
               the
               Members
               of
               the
               Council
               ,
               which
               was
               ,
               to
               keep
               all
               things
               which
               should
               be
               transacted
               in
               Council
               ,
               secret
               ,
               and
               to
               be
               true
               and
               faithful
               to
               their
               Instructions
               ;
               which
               the
               Attorney
               said
               ,
               (
               since
               their
               first
               Instruction
               was
               ,
               
                 to
                 suppress
                 all
                 persons
                 pretending
                 Title
                 from
                 the
                 King
              
               )
               was
               in
               effect
               ,
               an
               Oath
               of
               Abjuration
               .
            
             
             
               Fifthly
               ,
               Anno
               1652
               ,
               Sir
               
                 Henry
                 Vane
              
               was
               President
               of
               the
               Council
               of
               State
               ,
               and
               several
               Warrants
               were
               produced
               ,
               to
               wit
               ,
               May
               20.
               1652
               ,
               and
               22d
               of
               May
               -
               52
               ;
               to
               deliver
               to
               Major
               Wigan
               ,
               two
               hundred
               Firelocks
               ,
               and
               ten
               Drums
               .
               The
               other
               ,
               for
               the
               delivery
               of
               five
               hundred
               Foot-Arms
               ,
               for
               Recruit
               of
               Col.
               Ingoldsbyes
               Regiment
               ;
               and
               these
               were
               subscribed
               by
               Order
               of
               the
               Council
               ,
               
                 H.
                 Vane
              
               ,
               President
               .
            
             
               April
               2.
               1653.
               
               A
               Warrant
               of
               that
               date
               was
               produced
               by
               the
               Commissioners
               of
               the
               Navy
               ,
               of
               which
               he
               was
               one
               ,
               for
               furnishing
               out
               the
               Hampshire
               Frigat
               ,
               with
               Provisions
               and
               Ammunition
               for
               the
               use
               of
               the
               State.
               
            
             
               From
               this
               time
               to
               1659
               ,
               they
               charge
               him
               with
               nothing
               ,
               and
               then
               the
               Journal-Book
               was
               produced
               and
               attested
               by
               
                 Ralph
                 Darnel
              
               ,
               wherein
               ,
               May
               7.
               1659
               ,
               an
               Order
               was
               made
               for
               appointing
               a
               
                 Committee
                 of
                 Safety
              
               (
               whereof
               Sir
               
                 Henry
                 Vane
              
               was
               one
               )
               
                 That
                 they
                 ,
                 or
                 any
                 four
                 or
                 more
                 of
                 them
                 ,
                 should
                 take
                 care
                 of
                 the
                 Safety
                 of
                 this
                 Commonwealth
                 ,
                 and
                 they
                 to
                 sit
                 for
                 eight
                 dayes
                 and
                 no
                 longer
                 ,
              
               fol.
               36.
               
            
             
               
                 Die
                 Ven.
              
               May
               13.
               1659
               ,
               Sir
               
                 Henry
                 Vane
              
               reported
               ,
               That
               they
               had
               conferred
               with
               all
               the
               Foreign
               Ambassadors
               .
               That
               the
               Common-wealth
               is
               in
               Amity
               with
               all
               Foreign
               Princes
               ,
               but
               Spain
               .
            
             
               
                 Resolved
                 ,
                 That
              
               Ch.
               Fleetwood
               ,
               J.
               Lambert
               ,
               J.
               Disbrough
               ,
               Jam.
               Berry
               ,
               Arthur
               Haslerigg
               ,
               Edmund
               Ludlow
               ,
               
                 and
                 Sir
              
               Henry
               Vane
               
                 be
                 Commissioners
                 to
                 nominate
                 Commission-Officers
                 for
                 the
                 Army
                 of
                 this
                 Commonwealth
                 .
              
               By
               vertue
               hereof
               they
               proceeded
               ,
               June
               17.
               1659
               ,
               to
               nominate
               Commission-Officers
               ,
               appointed
               
                 Robert
                 Mosse
              
               a
               Colonel
               ,
               presenting
               a
               List
               of
               his
               Commission-Officiers
               ;
               and
               
                 John
                 Mason
              
               to
               be
               Governour
               of
               Jersey
               .
            
             
               
                 Die
                 Ven.
              
               May
               31.
               fol.
               158.
               
               Sir
               
                 Henry
                 Vane
              
               reports
               ,
               concerning
               affairs
               between
               the
               two
               Northern
               Kings
               ,
               in
               the
               Zound
               ,
               wherein
               the
               affairs
               of
               this
               Commonwealth
               are
               concerned
               .
            
             
               
                 Die
                 Ven.
              
               Sept.
               2.
               1659.
               
               At
               the
               Committee
               of
               State
               at
               White-hall
               ,
               An
               Order
               was
               produced
               for
               the
               redelivery
               of
               the
               City-horses
               to
               their
               respective
               owners
               ,
               Signed
               ,
               
                 H.
                 Vane
              
               ,
               President
               .
            
             
               A
               Warrant
               was
               produced
               under
               the
               hand
               of
               Sir
               
                 Henry
                 Vane
              
               ,
               proved
               by
               
                 Thomas
                 Lewis
              
               and
               one
               Falconer
               ,
               for
               so
               many
               Hangers
               to
               Col.
               Tompson
               ,
               as
               he
               shall
               require
               for
               his
               Regiment
               .
            
             
               Three
               several
               Letters
               ,
               to
               deliver
               1200
               Arms
               for
               the
               use
               of
               my
               Regiment
               ;
               to
               wit
               ,
               To
               
                 Sam.
                 Linn
              
               my
               Capt.
               Leiutenant
               ,
               30
               Arms
               for
               my
               Company
               ;
               To
               Maj.
               
                 Tho.
                 Shurman
              
               ,
               Major
               of
               my
               Regiment
               ,
               four
               or
               five
               barrels
               of
               Powder
               .
            
             
               Then
               one
               Marsh
               was
               produced
               a
               Witness
               ,
               who
               proves
               ,
               That
               Sir
               
               
                 Henry
                 Vane
              
               proposed
               the
               new
               Model
               of
               Government
               ,
               Whitlock
               being
               in
               the
               Chair
               ,
               in
               these
               particulars
               ;
            
             
               1.
               
               That
               the
               Supream
               Power
               ,
               delegated
               by
               the
               People
               to
               their
               Trustees
               ,
               ought
               to
               be
               in
               some
               Fundamentals
               not
               dispensed
               with
               .
            
             
               2.
               
               That
               it
               is
               destructive
               to
               the
               Peoples
               Liberties
               (
               to
               which
               by
               God's
               blessing
               they
               are
               restored
               )
               to
               admit
               any
               earthly
               King
               or
               single
               person
               ,
               to
               the
               Legislative
               or
               Executive
               Power
               over
               this
               Nation
               .
            
             
               3.
               
               That
               the
               Supream
               Power
               delegated
               ,
               is
               not
               on
               trusted
               to
               the
               Peoples
               Trustees
               ,
               to
               erect
               matters
               of
               Faith
               or
               Worship
               ,
               so
               as
               to
               exercise
               compulsion
               therein
               .
            
             
               
                 Tho.
                 Pury
              
               proves
               ,
               That
               he
               was
               at
               the
               debating
               of
               the
               two
               last
               of
               these
               Propositions
               ,
               and
               believes
               they
               were
               proposed
               to
               the
               Chairman
               Whitlock
               ,
               by
               Sir
               
                 Henry
                 Vane
              
               ;
               but
               affirms
               confidently
               ,
               that
               Sir
               
                 Hen.
                 Vane
              
               gave
               Reasons
               to
               maintain
               them
               .
            
             
               
                 Tho.
                 Wallis
              
               produced
               ,
               proves
               Sir
               
                 Henry
                 Vane
              
               and
               Col.
               Rich
               in
               the
               head
               of
               a
               Company
               ,
               in
               Winchester
               Park
               in
               Southwark
               ,
               and
               that
               the
               Capt.
               Leiutenant
               Linn
               said
               to
               the
               Souldiers
               ,
               that
               Sir
               
                 Henry
                 Vane
              
               had
               given
               them
               five
               pounds
               to
               drink
               ;
               that
               the
               said
               Linn
               sent
               home
               a
               key
               to
               his
               wife
               ,
               to
               send
               him
               four
               pounds
               out
               of
               his
               trunk
               ,
               to
               give
               the
               Souldiers
               .
            
             
               
                 John
                 Cook
              
               deposeth
               ,
               That
               he
               was
               sent
               to
               the
               Horseshoe-stairs
               ,
               to
               meet
               Sir
               
                 Henry
                 Vane
              
               and
               Col.
               Rich
               ,
               and
               that
               Sir
               
                 H.
                 Vane
              
               delivered
               five
               pound
               to
               Capt.
               Linn
               ,
               to
               reward
               the
               Souldiers
               .
               This
               was
               all
               the
               Evidence
               given
               by
               the
               King's
               Counsel
               ;
               To
               which
               ,
               Sir
               
                 Henry
                 Vane
              
               was
               required
               to
               make
               his
               Defence
               ;
               and
               to
               go
               through
               with
               his
               Case
               all
               at
               once
               ,
               and
               not
               to
               reply
               again
               upon
               the
               King's
               Counsel
               ,
               who
               resolved
               to
               have
               the
               last
               word
               to
               the
               Jury
               .
            
          
           
             
               Sir
               HENRY
               VANE
               .
            
             
               Cook
               in
               his
               
                 Pleas
                 of
                 the
                 Crown
              
               ,
               fol.
               6.
               saith
               ,
               King
               is
               to
               be
               understood
               of
               a
               King
               regnant
               and
               in
               actual
               possession
               of
               the
               Crown
               ,
               and
               not
               of
               a
               King
               when
               he
               is
               onely
               
                 Rex
                 de
                 jure
              
               ,
               and
               out
               of
               possession
               .
               Now
               an
               interregnum
               is
               confessed
               by
               the
               Indictment
               .
               All
               ensigns
               of
               Authority
               and
               badges
               of
               Government
               ,
               were
               visibly
               in
               another
               name
               and
               stile
               ;
               the
               King
               's
               best
               friends
               suing
               ,
               and
               being
               sued
               ,
               in
               another
               name
               .
            
             
               The
               Court
               told
               him
               ,
               He
               should
               first
               make
               his
               Case
               out
               in
               point
               of
               Suit
               ,
               and
               it
               would
               be
               then
               seasonable
               to
               stand
               upon
               matter
               of
               Law
               ;
               for
               (
               said
               they
               )
               it
               is
               a
               good
               Rule
               ,
               
                 in
                 facto
                 jus
                 Oritur
              
               ,
               and
               enjoyn'd
               him
               to
               call
               his
               Witnesses
               ,
               if
               he
               had
               any
               .
            
             
             
               To
               which
               Sir
               
                 Henry
                 Vane
              
               desired
               Process
               of
               Court
               ,
               to
               summon
               them
               ;
               and
               a
               further
               time
               ,
               to
               answer
               the
               Charge
               .
               But
               it
               was
               told
               him
               ,
               The
               Jury
               were
               to
               be
               kept
               without
               meat
               ,
               drink
               ,
               fire
               or
               candle
               ,
               till
               their
               Verdict
               was
               delivered
               in
               ;
               and
               therefore
               that
               could
               not
               be
               granted
               .
            
             
               He
               then
               cited
               the
               4th
               part
               of
               
                 Cook
                 's
                 Institutes
              
               ,
               concerning
               the
               Priviledge
               of
               Parliament
               ,
               and
               that
               many
               of
               these
               things
               ,
               being
               transacted
               there
               —
            
             
               The
               Court
               here
               interrupted
               him
               ,
               and
               said
               ;
               If
               the
               things
               charged
               ,
               were
               done
               ;
               justifie
               them
               :
               if
               not
               ,
               excuse
               them
               .
               So
               he
               went
               to
               give
               answer
               to
               the
               Fact.
               
            
             
               And
               as
               to
               the
               first
               Warrant
               ,
               Jan.
               30.
               1648
               
               ;
               He
               said
               ,
               that
               his
               hand
               had
               been
               oftentimes
               counterseited
               ,
               and
               amongst
               other
               occasions
               ,
               for
               two
               great
               sums
               ,
               to
               the
               value
               of
               ten
               thousand
               pounds
               ;
               and
               that
               he
               had
               great
               reason
               to
               believe
               ,
               that
               this
               Warrant
               was
               forged
               ,
               and
               produced
               two
               Witnesses
               to
               prove
               it
               .
            
             
               Then
               said
               Windham
               ,
               Justice
               ;
               It
               may
               be
               your
               hand
               may
               have
               been
               forged
               for
               receiving
               of
               Money
               ,
               but
               it
               is
               not
               to
               be
               conjectured
               that
               it
               should
               be
               forged
               to
               set
               Ships
               to
               Sea
               ;
               and
               directed
               to
               the
               Jury
               to
               consider
               of
               the
               circumstances
               .
            
             
               Sir
               
                 H.
                 Vane
              
               .
               Neither
               of
               the
               Witnesses
               ever
               saw
               me
               set
               my
               hand
               to
               either
               of
               these
               Warrants
               or
               Orders
               ,
               nor
               doth
               one
               Witness
               prove
               that
               he
               ever
               saw
               me
               sit
               in
               the
               Council
               of
               State
               :
               He
               further
               said
               ,
               That
               he
               absented
               from
               the
               House
               from
               Decemb.
               3.
               1648
               ,
               till
               Febr.
               7.
               
               That
               he
               〈◊〉
               ●●osen
               a
               Member
               of
               the
               Council
               of
               State
               without
               his
               consent
               and
               knowledge
               ;
               and
               being
               demanded
               to
               take
               an
               Oath
               of
               Approbation
               of
               what
               had
               been
               done
               to
               the
               late
               King
               ,
               he
               refused
               ,
               and
               caused
               it
               to
               be
               expunged
               .
               That
               these
               Actings
               in
               Council
               ,
               (
               if
               any
               were
               )
               were
               by
               Authority
               of
               Parliament
               ,
               of
               a
               Parliament
               constituted
               in
               an
               extraordinary
               manner
               ,
               made
               indissolvable
               but
               by
               Act
               of
               Parliament
               .
               He
               insisted
               much
               on
               the
               Preamble
               of
               that
               Act
               ,
               so
               as
               that
               Parliament
               being
               co-ordinate
               with
               the
               King
               ,
               (
               for
               the
               Government
               was
               in
               the
               King
               and
               the
               two
               Houses
               )
               what-ever
               he
               acted
               by
               Them
               or
               their
               Authority
               ,
               cannot
               be
               Treason
               within
               the
               Statute
               of
               25
               Ed.
               3.
               
            
             
               He
               cited
               an
               Ordinance
               of
               Parliament
               in
               1642
               ,
               and
               said
               ,
               That
               he
               hoped
               these
               things
               had
               been
               laid
               asleep
               by
               the
               Act
               of
               Oblivion
               ,
               and
               if
               they
               should
               now
               rise
               in
               Judgment
               against
               him
               ,
               he
               feared
               they
               would
               shake
               that
               Security
               which
               the
               People
               promised
               themselves
               under
               that
               Act.
               But
               if
               he
               should
               be
               now
               called
               in
               question
               for
               those
               things
               which
               were
               transacted
               in
               that
               Parliament
               ,
               of
               which
               he
               was
               a
               Member
               ,
               he
               shal
               have
               the
               comfort
               and
               peace
               of
               those
               Actions
               to
               support
               him
               in
               his
               
               greatest
               sufferings
               .
               He
               added
               ,
               That
               if
               he
               were
               excepted
               ,
               then
               must
               he
               be
               judged
               for
               the
               crime
               of
               the
               whole
               Nation
               ,
               and
               that
               crime
               must
               be
               ravelled
               into
               through
               him
               .
               That
               the
               Case
               is
               such
               ,
               as
               never
               yet
               fell
               out
               ,
               to
               wit
               ,
               that
               the
               Government
               being
               entrusted
               to
               three
               Estates
               ,
               they
               should
               so
               fall
               out
               among
               themselves
               ,
               as
               the
               People
               cannot
               tell
               which
               to
               obey
               ;
               That
               where
               these
               great
               Changes
               fall
               out
               ,
               it
               is
               not
               possible
               for
               any
               man
               to
               proceed
               according
               to
               all
               formalities
               of
               Law.
               That
               there
               was
               a
               Political
               Power
               by
               this
               Act
               of
               17.
               
               Caroli
               co-ordinate
               with
               the
               King
               ;
               and
               where
               these
               Powers
               are
               not
               in
               conjunction
               ,
               but
               enmity
               to
               each
               other
               ,
               no
               Court
               inferiour
               to
               the
               Parliament
               ,
               by
               whose
               Authority
               these
               things
               were
               acted
               ,
               ought
               to
               be
               Judges
               of
               this
               Case
               ,
               which
               certainly
               never
               happened
               before
               .
            
             
               He
               farther
               saith
               ,
               he
               was
               not
               the
               first
               mover
               in
               these
               actions
               ,
               and
               that
               he
               should
               be
               called
               in
               question
               for
               these
               matters
               ,
               by
               a
               King
               that
               was
               out
               of
               possession
               at
               the
               time
               when
               these
               things
               were
               acted
               ,
               would
               be
               inconvenient
               ,
               to
               say
               no
               more
               ;
               That
               when
               the
               three
               Estates
               were
               disjoyned
               ,
               he
               thought
               it
               the
               best
               policy
               ,
               to
               preserve
               the
               Government
               in
               its
               root
               ,
               to
               wit
               ,
               the
               Commons
               :
               by
               whom
               it
               was
               preserved
               and
               at
               last
               restored
               to
               its
               former
               course
               .
               That
               as
               to
               the
               Regiment
               that
               passed
               under
               his
               name
               ,
               he
               disown'd
               it
               .
               That
               Reports
               of
               Messages
               are
               not
               the
               fault
               of
               the
               Reporter
               ,
               for
               his
               judgment
               does
               not
               always
               go
               along
               with
               them
               ,
               but
               he
               is
               bound
               to
               deliver
               his
               Message
               .
               That
               he
               alwayes
               loved
               the
               Government
               ,
               as
               it
               is
               set
               forth
               in
               our
               ancient
               Law-Books
               ;
               and
               that
               that
               Parliament
               (
               so
               much
               decried
               )
               at
               last
               restored
               affairs
               to
               the
               ●●sture
               in
               which
               they
               now
               are
               .
            
             
               As
               to
               the
               Warrants
               signed
               by
               him
               ,
               he
               said
               ,
               they
               appear
               to
               be
               signed
               in
               the
               Name
               and
               by
               Order
               of
               the
               Council
               ,
               and
               his
               hand
               that
               subscribes
               ,
               is
               not
               so
               much
               active
               as
               passive
               ,
               to
               the
               Commands
               of
               the
               Council
               .
               If
               the
               Council
               ,
               who
               commanded
               the
               signing
               ,
               were
               unwarrantable
               ,
               The
               Parliament
               who
               appointed
               the
               Council
               ,
               must
               be
               much
               more
               unwarrantable
               .
            
             
               And
               here
               he
               offered
               these
               points
               to
               be
               considered
               ,
               and
               pray'd
               earnestly
               to
               have
               Counsel
               assigned
               him
               ,
               to
               speak
               to
               them
               .
            
             
               1.
               
               Whether
               the
               collective
               body
               of
               the
               Parliament
               can
               be
               impeached
               of
               High
               Treason
               .
            
             
               2.
               
               Whether
               any
               person
               acting
               by
               Authority
               of
               Parliament
               ,
               can
               (
               so
               long
               as
               he
               acteth
               by
               that
               Authority
               )
               commit
               Treason
               ?
            
             
               3.
               
               Whether
               matters
               acted
               by
               that
               Authority
               ,
               can
               be
               called
               in
               question
               in
               an
               inferiour
               Court
               ?
            
             
               4.
               
               Whether
               a
               King
               
                 de
                 jure
              
               ,
               and
               out
               of
               possession
               ,
               can
               have
               Treason
               
               committed
               against
               him
               ,
               he
               not
               being
               King
               
                 de
                 facto
              
               ,
               and
               in
               actual
               possession
               ?
               
                 and
                 pray'd
                 it
                 might
                 be
                 argued
                 by
                 Counsel
                 .
              
            
             
               5.
               
               Whether
               matters
               done
               in
               Southwark
               ,
               in
               another
               County
               ,
               may
               be
               given
               in
               evidence
               to
               a
               Middlesex
               Jury
               ?
            
             
               As
               to
               the
               last
               Exception
               ,
               the
               Court
               said
               ,
            
             
               That
               he
               was
               indicted
               for
               compassing
               and
               imagining
               the
               King's
               Death
               in
               Middlesex
               ,
               and
               any
               overt
               act
               ,
               to
               prove
               this
               Imagination
               ,
               may
               be
               given
               in
               evidence
               wheresoever
               it
               be
               acted
               .
               To
               which
               Sir
               
                 Hen.
                 Vane
              
               prayed
               the
               benefit
               of
               a
               Bill
               of
               Exception
               ,
               upon
               the
               Statute
               of
               Westminster
               2.
               cap.
               31.
               and
               prayed
               that
               the
               Justices
               might
               seal
               it
               ,
               which
               they
               all
               refused
               ,
               and
               held
               ,
               it
               lay
               not
               in
               any
               case
               of
               the
               Crown
               .
            
             
               The
               King's
               Counsel
               desired
               he
               might
               call
               his
               Witnesses
               ,
               (
               if
               any
               he
               had
               )
               for
               if
               they
               once
               came
               to
               reply
               to
               him
               ,
               he
               must
               then
               be
               silent
               ,
               and
               consented
               ,
               that
               (
               if
               it
               would
               aid
               him
               )
               they
               would
               allow
               his
               Actings
               to
               be
               in
               the
               Name
               and
               by
               the
               Authority
               of
               the
               Council
               of
               State
               ,
               and
               the
               Actings
               of
               the
               Council
               of
               State
               to
               be
               by
               Authority
               of
               what
               he
               called
               a
               Parliament
               .
            
             
               Sir
               
                 Hen.
                 Vane
              
               replyed
               ;
               Then
               what
               I
               acted
               in
               the
               
                 Council
                 of
                 State
              
               ,
               and
               
                 Committee
                 of
                 Safety
              
               ,
               constituted
               by
               the
               Parliament
               to
               endure
               for
               eight
               dayes
               ,
               you
               will
               allow
               me
               .
               Then
               you
               must
               prove
               that
               I
               ever
               acted
               in
               the
               other
               Council
               of
               State
               ,
               after
               the
               Parliament
               was
               turned
               out
               .
            
             
               Then
               the
               King's
               Counsel
               produced
               a
               Warrant
               ,
               dated
               Novemb.
               3.
               1659
               ,
               which
               was
               sent
               in
               pursuance
               of
               an
               Order
               of
               the
               
                 Committee
                 of
                 Safety
              
               ,
               by
               Sir
               
                 Hen.
                 Vane
              
               ,
               as
               Treasurer
               of
               the
               Navie
               .
               This
               Warrant
               was
               ,
               for
               the
               sending
               of
               divers
               Arms
               Northwards
               ,
               after
               Mr.
               Lambert
               ,
               who
               was
               gone
               down
               to
               oppose
               the
               now
               Duke
               of
               Albemarle
               .
            
             
               Sir
               
                 Hen.
                 Vane
              
               produced
               
                 Will
                 ,
                 Angel
                 ,
                 Brisco
                 ,
                 Middleton
                 ,
              
               &c.
               
               Officers
               of
               that
               Regiment
               which
               went
               under
               his
               name
               ,
               who
               having
               recourse
               unto
               him
               for
               Orders
               ,
               about
               Octob.
               1659
               ,
               he
               bad
               them
               desist
               ,
               and
               declared
               his
               dis-satisfaction
               in
               their
               proceedings
               ;
               and
               this
               ,
               after
               their
               several
               importunities
               to
               have
               Orders
               from
               him
               .
               And
               thus
               he
               closed
               his
               Defence
               .
            
          
           
             
               FYNCH
               ,
               Sollicitor
               .
            
             
               As
               to
               pretence
               of
               the
               power
               of
               Parliament
               ,
               It
               is
               to
               be
               known
               ,
               that
               it
               was
               not
               the
               eighth
               part
               of
               the
               House
               of
               Commons
               ,
               such
               as
               were
               let
               in
               to
               do
               all
               that
               hath
               been
               complained
               ,
               and
               the
               acting
               under
               Authority
               of
               such
               an
               End
               of
               a
               Parliament
               ,
               under
               such
               a
               Violation
               ,
               was
               no
               Excuse
               ,
               but
               an
               Aggravation
               ;
               but
               that
               the
               Parliament
               was
               in
               Law
               ,
               
               ended
               ,
               by
               the
               death
               of
               the
               late
               King
               ,
               notwithstanding
               that
               Act
               of
               17.
               
               
                 Caroli
                 primi
              
               ,
               appears
               thus
               ;
            
             
               First
               ,
               The
               King
               's
               Writ
               for
               a
               Parliament
               is
               
                 ad
                 tractandum
                 nobiscum
              
               ;
               which
               is
               intended
               as
               well
               of
               the
               natural
               capacity
               of
               the
               King
               ,
               as
               of
               his
               politick
               .
            
             
               Secondly
               ,
               'T
               is
               absurd
               to
               say
               ,
               that
               the
               Acts
               of
               Parliament
               of
               King
               Charles
               the
               first
               ,
               should
               be
               his
               Acts
               ,
               in
               the
               time
               of
               King
               Charles
               the
               second
               .
            
             
               Thirdly
               ,
               A
               Commission
               of
               Sewers
               ,
               enacted
               to
               be
               on
               foot
               for
               ten
               years
               ,
               expires
               by
               the
               death
               of
               the
               King
               ,
               and
               the
               authority
               of
               the
               Commissioners
               is
               at
               an
               end
               .
            
             
               Fourthly
               ,
               It
               is
               not
               possible
               for
               one
               King
               to
               impose
               a
               Parliament
               upon
               a
               successor
               .
               So
               much
               for
               his
               acting
               by
               colour
               of
               authority
               of
               Parliament
               .
            
             
               And
               as
               to
               the
               Question
               ,
               
                 Whether
                 an
                 House
                 of
                 Parliament
                 can
                 commit
                 Treason
                 ?
              
               If
               they
               depart
               from
               that
               Allegiance
               which
               they
               have
               sworn
               ,
               at
               their
               first
               meeting
               ,
               they
               are
               impeachable
               for
               it
               .
            
             
               As
               to
               a
               Co-ordination
               in
               the
               Parliament
               ,
               he
               denied
               it
               .
            
             
               As
               to
               the
               Question
               ,
               
                 Whether
                 the
                 King
                 being
                 out
                 of
                 actual
                 possession
                 ,
                 can
                 have
                 Treason
                 committed
                 against
                 him
                 ?
              
               he
               affirmed
               it
               :
               And
               said
               ,
               otherwise
               ,
               if
               Rebellion
               should
               be
               so
               prosperous
               ,
               as
               to
               depose
               or
               oppress
               the
               King
               in
               Battel
               ,
               the
               Offenders
               are
               not
               to
               be
               called
               in
               question
               ,
               because
               they
               prevailed
               .
               He
               said
               ,
               it
               was
               the
               Plea
               of
               Watson
               the
               Jesuite
               ,
               who
               ,
               being
               Indicted
               for
               compassing
               the
               death
               of
               King
               James
               ,
               in
               Scotland
               ,
               after
               he
               was
               declared
               King
               of
               England
               ,
               and
               before
               his
               actual
               entring
               into
               this
               Realm
               ,
               made
               this
               Defence
               ;
               That
               the
               King
               was
               never
               in
               possession
               of
               the
               Crown
               .
            
             
               Windam
               Justice
               .
               As
               to
               the
               Act
               of
               17.
               
               Caroli
               ,
               and
               the
               Preamble
               of
               that
               Act
               ,
               so
               much
               insisted
               upon
               by
               the
               Prisoner
               .
               1.
               
               He
               held
               that
               the
               Parliament
               had
               not
               greater
               Authority
               by
               it
               ,
               but
               were
               onely
               made
               more
               durable
               than
               other
               Parliaments
               have
               been
               ;
               but
               he
               held
               ,
               that
               the
               Parliament
               was
               absolutely
               dissolved
               by
               the
               death
               of
               the
               King
               ;
               and
               put
               this
               case
               :
               If
               it
               should
               be
               enacted
               that
               such
               a
               Marriage
               should
               continue
               ,
               till
               it
               was
               dissolved
               by
               Act
               of
               Parliament
               ,
               If
               one
               dies
               ,
               it
               is
               a
               determination
               of
               it
               in
               Fact
               ,
               so
               as
               no
               man
               can
               say
               ,
               but
               it
               is
               absolutely
               dissolved
               .
               2.
               
               It
               must
               continue
               in
               the
               degree
               and
               dignity
               of
               a
               Parliament
               .
               If
               the
               House
               be
               under
               a
               force
               ,
               and
               some
               kept
               out
               ,
               some
               let
               in
               ,
               to
               serve
               a
               Turn
               ,
               what-ever
               they
               act
               is
               a
               Nullity
               in
               Law.
               For
               Freedom
               is
               the
               principal
               essence
               and
               honour
               of
               a
               Parliament
               ;
               yet
               though
               the
               House
               be
               under
               a
               Force
               ,
               the
               House
               is
               not
               dissolved
               by
               such
               Force
               ,
               
               but
               the
               proceedings
               are
               to
               be
               suspended
               ,
               till
               it
               require
               its
               former
               Liberty
               ;
               and
               this
               as
               well
               by
               the
               Common
               Law
               ,
               as
               by
               the
               Civil
               and
               Canon
               Laws
               of
               all
               other
               Countries
               .
               3.
               
               The
               Parliament
               is
               the
               King
               's
               great
               Council
               ,
               The
               Peers
               are
               
                 Consiliarii
                 nati
              
               ;
               If
               they
               be
               forc'd
               away
               ,
               or
               laid
               aside
               ,
               as
               here
               they
               were
               ,
               all
               the
               rest
               is
               but
               
                 Magni
                 Nominis
                 Umbra
              
               .
            
             
               Twisden
               held
               the
               same
               opinion
               ,
               That
               it
               is
               not
               the
               sitting
               of
               a
               few
               Members
               within
               those
               Walls
               ,
               that
               will
               continue
               it
               a
               Parliament
               .
            
             
               And
               though
               another
               Parliament
               ,
               a
               great
               many
               years
               after
               the
               Kings
               death
               ,
               declared
               it
               to
               be
               at
               an
               end
               ,
               yet
               that
               Act
               was
               but
               Declaration
               ,
               it
               was
               at
               an
               end
               before
               .
            
             
               
                 Whether
                 a
                 Parliament
                 may
                 commit
                 Treason
                 ,
              
               is
               not
               the
               Question
               ▪
               but
               ,
               Whether
               a
               few
               of
               the
               House
               ,
               shutting
               out
               their
               Fellows
               ,
               and
               usurping
               the
               Government
               ,
               were
               not
               Traitors
               ?
            
             
               Foster
               held
               the
               same
               opinion
               ,
               and
               said
               ,
               The
               distinction
               between
               the
               Politick
               and
               Natural
               capacity
               of
               the
               King
               ,
               was
               the
               Treason
               of
               the
               two
               Spencers
               ;
               That
               Priviledge
               of
               the
               Parliament
               is
               no
               shelter
               for
               breach
               of
               the
               Peace
               ,
               much
               less
               for
               Treason
               .
            
             
               Twisden
               added
               ,
               That
               to
               compass
               the
               Death
               of
               the
               King
               as
               a
               natural
               person
               ,
               was
               Treason
               ;
               to
               compass
               his
               Death
               in
               his
               Politick
               capacity
               ,
               as
               to
               depose
               him
               ,
               was
               Treason
               ,
               and
               both
               provided
               for
               by
               the
               Act
               of
               25.
               
               Ed.
               3.
               
               That
               in
               the
               same
               instant
               the
               late
               King
               expired
               ,
               in
               the
               very
               same
               his
               now
               Majesty
               was
               King
               
                 de
                 facto
              
               ,
               and
               affirmed
               the
               cases
               of
               Watson
               and
               
                 Cleark
                 1.
                 
                 Jac.
              
               If
               an
               Army
               be
               raised
               against
               the
               King
               ,
               and
               the
               King
               is
               slain
               in
               the
               battel
               ,
               This
               Treason
               is
               questionable
               by
               the
               Successor
               ,
               as
               Stonies
               Case
               is
               in
               Dyer
               .
            
             
               Thus
               ended
               the
               questions
               of
               Law
               ,
               proposed
               .
            
             
               The
               Sollicitor
               spake
               after
               to
               the
               Jury
               ,
               concerning
               the
               Fact
               ,
               which
               after
               ,
               they
               withdrew
               to
               consider
               ,
               and
               being
               withdrawn
               about
               half
               an
               hour
               ,
               returned
               with
               their
               Verdict
               ,
               which
               being
               delivered
               by
               the
               Foreman
               in
               the
               name
               of
               his
               fellows
               ,
               with
               their
               consent
               ,
               found
               the
               Prisoner
               guilty
               of
               High
               Treason
               from
               Januar.
               30.
               1648.
               
            
             
               They
               not
               only
               found
               him
               guilty
               according
               to
               the
               Indictment
               ,
               which
               was
               laid
               for
               what
               the
               Prisoner
               did
               ,
               1659
               ;
               but
               for
               a
               long
               series
               of
               High
               Treason
               (
               as
               they
               reckon
               )
               from
               Jan.
               30.
               1648.
               
               By
               which
               it
               may
               appear
               ,
               they
               were
               a
               well-prepared
               Jury
               for
               their
               work
               .
               The
               Judges
               oft
               ,
               if
               not
               alwayes
               ,
               pretend
               ,
               that
               the
               Jury
               is
               to
               pass
               Verdict
               only
               as
               to
               matter
               of
               Fact
               ,
               according
               to
               the
               Evidence
               given
               by
               the
               Witnesses
               thereof
               .
               But
               a
               general
               Verdict
               evidently
               involves
               both
               ,
               that
               he
               is
               guilty
               of
               such
               fact
               ,
               and
               that
               the
               fact
               is
               Treason
               ,
               as
               they
               in
               this
               Verdict
               
               openly
               undertake
               to
               determine
               ,
               taking
               in
               the
               full
               sence
               of
               the
               Indictment
               ,
               and
               much
               more
               .
               Unless
               a
               Jury
               distinguish
               themselves
               out
               of
               this
               usually
               imposed
               snare
               ,
               by
               giving
               a
               special
               Verdict
               concerning
               the
               Fact
               only
               ,
               they
               undeniably
               have
               a
               share
               with
               their
               Tutors
               and
               Instructors
               in
               the
               shedding
               of
               innocent
               blood
               ,
               in
               case
               matter
               of
               Law
               be
               wrongfully
               stated
               .
            
             
               For
               a
               Jury
               to
               resolve
               a
               Case
               of
               Law
               ,
               that
               so
               eminent
               a
               Subjects
               life
               was
               concern'd
               in
               ,
               and
               that
               in
               less
               than
               half
               an
               hour
               ,
               which
               never
               yet
               came
               before
               any
               Bench
               of
               Judicature
               in
               England
               ,
               may
               seem
               a
               very
               strange
               and
               bold
               adventure
               .
            
             
               But
               Reader
               ,
               How
               far
               this
               falls
               short
               of
               a
               full
               Account
               of
               all
               that
               was
               spoken
               by
               the
               Prisoner
               (
               though
               much
               interrupted
               by
               the
               
                 King's
                 Bench
              
               and
               Counsel
               )
               in
               those
               ten
               hours
               ,
               which
               on
               this
               day
               of
               his
               Tryal
               he
               stood
               at
               the
               Bar
               ,
               (
               pleading
               and
               answering
               for
               his
               Life
               ,
               and
               the
               Cause
               he
               had
               with
               many
               thousands
               been
               engaged
               in
               )
               I
               leave
               to
               thee
               to
               imagine
               ,
               till
               a
               fuller
               and
               compleater
               Account
               thereof
               can
               be
               obtained
               ,
               than
               is
               yet
               come
               to
               hand
               .
            
             
               This
               was
               remarkable
               ;
               That
               never
               being
               indulg'd
               the
               liberty
               of
               any
               repose
               to
               his
               body
               ,
               all
               that
               while
               ,
               (
               which
               indeed
               ,
               he
               asked
               not
               )
               nor
               receiving
               any
               creature-refreshings
               ,
               though
               sent
               him
               ,
               for
               his
               support
               ;
               yea
               ,
               and
               though
               after
               all
               his
               most
               rational
               Plea
               ,
               in
               his
               Defence
               ,
               the
               Jury
               gave
               their
               Verdict
               against
               his
               Life
               ,
               he
               came
               chearfully
               and
               pleasantly
               from
               the
               Bar
               ,
               as
               thought
               worthy
               to
               suffer
               for
               the
               Name
               of
               Christ
               ;
               and
               was
               so
               raised
               and
               full
               of
               rejoycing
               that
               evening
               ,
               at
               the
               place
               of
               his
               confinement
               in
               the
               Tower
               ,
               that
               he
               was
               a
               wonder
               to
               any
               that
               were
               about
               him
               .
               This
               spiritual
               rejoycing
               in
               Christ
               Jesus
               ,
               and
               his
               heavenly
               raisedness
               of
               spirit
               ,
               increased
               more
               and
               more
               ,
               to
               the
               very
               moment
               of
               his
               death
               ;
               insomuch
               ,
               that
               meer
               strangers
               to
               his
               person
               ,
               yea
               ,
               very
               foreigners
               ,
               wondred
               at
               his
               triumphant
               dissolution
               .
            
          
        
         
           
             The
             true
             Copy
             of
             the
             Prisoner's
             own
             Papers
             ,
             containing
             the
             substance
             of
             what
             he
             pleaded
             on
             the
             said
             day
             of
             his
             Tryal
             ,
             
               June
               6.
               
            
          
           
             Memorandums
             as
             to
             my
             main
             Defence
             ,
             in
             relation
             to
             matter
             of
             Fact
             ,
             and
             as
             a
             Narrative
             thereof
             .
          
           
             THat
             without
             any
             seeking
             of
             mine
             ,
             I
             was
             chosen
             by
             Writ
             under
             the
             Great
             Seal
             ,
             to
             serve
             as
             Burgess
             for
             the
             Town
             of
             Kingston
             upon
             Hull
             ,
             in
             the
             Parliament
             that
             sate
             down
             on
             the
             third
             of
             Novemb.
             1640.
             
             and
             having
             in
             pursuance
             thereof
             ,
             taken
             my
             seat
             in
             the
             said
             Parliament
             ,
             I
             was
             obliged
             by
             Law
             ,
             to
             give
             my
             attendance
             upon
             the
             said
             Trust
             ,
             as
             well
             as
             upon
             grounds
             of
             Duty
             and
             Conscience
             .
          
           
             The
             said
             Parliament
             was
             not
             onely
             called
             and
             assembled
             after
             the
             usual
             manner
             ,
             and
             had
             the
             Power
             and
             Priviledges
             incident
             to
             that
             high
             Court
             ,
             but
             was
             by
             express
             Statute
             and
             Consent
             of
             the
             three
             Estates
             ,
             so
             constituted
             ,
             as
             to
             its
             Continuance
             ,
             Adjournment
             ,
             Prorogation
             and
             Dissolution
             ,
             that
             in
             none
             of
             these
             particulars
             they
             were
             subject
             to
             alteration
             ,
             but
             by
             their
             own
             common
             Assent
             ,
             declared
             by
             Act
             of
             Parliament
             ,
             to
             be
             passed
             by
             themselves
             for
             that
             purpose
             ,
             with
             the
             Royal
             Assent
             .
          
           
             
               In
               the
               Preamble
               to
               the
               Act
               for
               continuance
               of
               the
               said
               Parliament
               ,
               these
               words
               are
               contained
               :
            
             Whereas
             great
             sums
             of
             Money
             must
             of
             necessity
             be
             speedily
             advanced
             and
             provided
             ,
             for
             the
             relief
             of
             his
             Majesties
             Army
             and
             People
             in
             the
             Northern
             parts
             of
             this
             Realm
             ,
             and
             for
             preventing
             the
             imminent
             danger
             this
             Kingdom
             is
             in
             ,
             and
             for
             supply
             of
             his
             Majesties
             present
             and
             urgent
             occasions
             ,
             which
             cannot
             be
             so
             timely
             effected
             as
             is
             requisit
             ,
             without
             Credit
             for
             raising
             the
             said
             Moneys
             ;
             which
             Credit
             cannot
             be
             obtained
             until
             such
             obstacles
             be
             first
             removed
             ,
             as
             are
             occasioned
             by
             fears
             ,
             jealousies
             and
             apprehensions
             of
             divers
             his
             Majesties
             loyal
             Subjects
             ,
             That
             this
             present
             Parliament
             may
             be
             Adjourned
             ,
             Prorogued
             or
             Dissolved
             ,
             before
             Justice
             shall
             be
             duely
             executed
             upon
             Delinquents
             ,
             Publick
             Grievances
             redressed
             ,
             a
             firm
             Peace
             between
             the
             two
             Nations
             of
             England
             and
             Scotland
             concluded
             ,
             and
             before
             sufficient
             Provision
             be
             made
             for
             the
             repayment
             of
             the
             said
             Moneys
             so
             to
             be
             raised
             ,
             &c.
             
             
               By
               all
               which
               ,
               the
               very
               work
               that
               was
               between
               the
               three
               Estates
               agreed
               to
               be
               done
               for
               the
               Good
               and
               Safety
               of
               the
               Kingdom
               ,
               was
               in
               sundry
               particulars
               declared
               and
               expressed
               ;
               and
               not
               only
               so
               ,
               but
               as
               is
               acknowledged
               by
               the
               late
               King
               himself
               in
               his
               Answer
               to
               the
            
             nineteen
             Propositions
             ;
             
               The
               Power
               which
               thereby
               was
               legally
               placed
               in
               both
               Houses
               ,
               was
               more
               than
               sufficient
               to
               prevent
               and
               restrain
               Tyranny
               .
            
          
           
             So
             that
             ,
             by
             what
             hath
             been
             shewed
             ,
             the
             Law
             it self
             is
             with
             me
             ,
             and
             for
             me
             ,
             enjoyning
             my
             continued
             attendance
             on
             the
             Trust
             which
             by
             this
             means
             was
             committed
             to
             me
             ,
             and
             authorized
             me
             in
             particular
             to
             effect
             the
             things
             contained
             in
             the
             said
             Preamble
             ;
             and
             to
             act
             in
             all
             matters
             belonging
             to
             the
             high
             Court
             of
             Parliament
             ,
             for
             the
             Good
             and
             Safety
             of
             the
             Kingdom
             in
             time
             of
             imminent
             danger
             ,
             I
             had
             been
             liable
             to
             great
             punishment
             by
             the
             Law
             ,
             for
             dis-attendance
             and
             deserting
             my
             station
             therein
             ,
             till
             lawfully
             or
             by
             force
             dismissed
             there-from
             :
             and
             this
             ,
             
             whatever
             occasions
             others
             might
             have
             ,
             by
             a
             voluntary
             or
             forc'd
             departure
             from
             attendance
             upon
             that
             Trust
             .
          
           
             The
             actions
             therefore
             done
             by
             me
             in
             this
             capacity
             ,
             and
             according
             to
             the
             Law
             ,
             Priviledges
             ,
             Customs
             and
             Power
             of
             Parliament
             ,
             and
             that
             ,
             such
             a
             one
             as
             was
             thus
             extraordinarily
             constituted
             ,
             neither
             are
             nor
             can
             be
             brought
             within
             the
             Statute
             of
             25.
             
             
               Ed.
               3.
               cap.
            
             2.
             nor
             are
             to
             be
             questioned
             ,
             tried
             ,
             much
             less
             judged
             and
             sentenc'd
             in
             any
             inferior
             Court.
             Nay
             ,
             so
             far
             is
             it
             from
             this
             ,
             that
             by
             a
             Declaration
             and
             Resolution
             of
             
               Parliament
               ,
               Aug.
            
             13.
             1642
             ,
             it
             is
             adjudged
             to
             be
             committing
             Treason
             in
             the
             highest
             degree
             ,
             to
             bring
             both
             or
             either
             Houses
             of
             Parliament
             under
             that
             or
             such
             like
             Imputations
             .
          
           
             Nor
             ,
             till
             of
             late
             ,
             have
             I
             ever
             heard
             but
             that
             those
             who
             took
             the
             Judgment
             of
             Parliament
             for
             their
             rule
             and
             guide
             ,
             (
             however
             tortuous
             or
             erroneous
             it
             might
             afterwards
             be
             accounted
             in
             succeeding
             times
             )
             and
             they
             that
             acted
             by
             and
             under
             the
             countenance
             of
             their
             declared
             Judgments
             ,
             Orders
             or
             Ordinances
             ,
             (
             ever
             acknowledged
             binding
             during
             the
             sitting
             of
             the
             Parliament
             )
             were
             safe
             and
             indempnified
             from
             all
             punishment
             .
             And
             for
             Government-sake
             it self
             ,
             it
             is
             requisit
             it
             should
             be
             so
             ;
             because
             none
             are
             Judges
             of
             the
             Power
             and
             Priviledges
             of
             Parliament
             ,
             but
             themselves
             .
             For
             admit
             once
             ,
             that
             their
             Judgment
             may
             be
             called
             in
             question
             ,
             and
             disputed
             by
             private
             persons
             ,
             or
             by
             inferiour
             Courts
             ,
             (
             whose
             Votes
             are
             included
             in
             theirs
             )
             the
             Fundamentals
             of
             Government
             are
             plucked
             up
             by
             the
             roots
             .
             
               Par
               in
               pares
               non
               habet
               Imperium
               ,
               multó
               minus
               in
               eos
               qui
               majus
               Imperium
               habent
            
             ;
             An
             Equal
             has
             no
             command
             over
             his
             Equal
             ,
             much
             less
             over
             those
             that
             have
             a
             greater
             command
             or
             authority
             .
          
           
             
               His
               late
               Majesty
               ,
               in
               his
               Answer
               to
               the
            
             nineteen
             Propositions
             ,
             
               does
               very
               briefly
               and
               exactly
               state
               the
               nature
               and
               kind
               of
               Government
               ,
               that
               is
               exercised
               in
               this
               Kingdom
               ,
               saying
               ,
            
             The
             Laws
             in
             this
             Kingdom
             are
             made
             by
             a
             King
             ,
             a
             House
             of
             Peers
             ,
             and
             a
             House
             of
             Commons
             ,
             chosen
             by
             the
             People
             ,
             all
             having
             free
             Votes
             ,
             and
             particular
             Priviledges
             .
             These
             three
             Estates
             ,
             making
             one
             incorporate
             body
             ,
             are
             they
             ,
             in
             whom
             the
             Soveraignty
             and
             Supream
             Power
             is
             placed
             ,
             as
             to
             the
             making
             and
             repealing
             of
             Laws
             .
             And
             the
             Government
             ,
             according
             to
             these
             Laws
             ,
             is
             trusted
             to
             the
             King
             ,
             who
             in
             the
             Interval
             of
             Parliaments
             ,
             is
             sole
             in
             the
             exercise
             of
             Government
             ,
             which
             (
             the
             Parliament
             sitting
             )
             he
             is
             to
             exercise
             in
             conjunction
             with
             the
             two
             Houses
             .
          
           
             And
             his
             said
             Majesty
             asserting
             three
             sorts
             of
             Government
             ,
             
               Absolute
               Monarchy
               ,
               Aristocracy
            
             ,
             and
             Democracy
             ,
             does
             most
             rightly
             distinguish
             the
             Monarchy
             of
             England
             from
             all
             those
             three
             ,
             and
             commends
             the
             
             Constitution
             of
             this
             Kingdom
             ,
             as
             it
             is
             a
             mixture
             of
             all
             three
             ,
             having
             the
             conveniencies
             of
             them
             all
             ,
             without
             the
             inconveniencies
             of
             any
             one
             ,
             as
             long
             as
             the
             ballance
             hangs
             even
             between
             the
             three
             Estates
             ,
             that
             they
             run
             joyntly
             on
             in
             their
             proper
             channels
             ,
             and
             that
             the
             overflowing
             of
             either
             on
             either
             side
             ,
             raise
             no
             deluge
             nor
             inundation
             .
          
           
             By
             the
             passing
             of
             the
             foresaid
             Act
             ,
             for
             the
             continuance
             of
             the
             forementioned
             Parliament
             ,
             the
             Intervals
             of
             Parliament
             were
             no
             longer
             ,
             as
             before
             ,
             at
             the
             will
             and
             pleasure
             of
             the
             King
             ,
             but
             the
             Power
             to
             continue
             the
             said
             Parliament
             ,
             without
             Adjournment
             ,
             Prorogation
             ,
             or
             Dissolution
             ,
             resided
             in
             the
             two
             Houses
             with
             the
             King
             ,
             joyntly
             ,
             and
             in
             none
             of
             them
             severally
             ;
             so
             that
             in
             effect
             ,
             the
             Government
             of
             the
             Kingdom
             ,
             during
             the
             continuance
             of
             that
             Parliament
             ,
             was
             in
             conjunction
             of
             the
             three
             Estates
             ,
             and
             in
             their
             common
             consents
             and
             agreements
             among
             themselves
             ,
             given
             in
             Parliament
             ,
             the
             assembling
             and
             meeting
             whereof
             was
             appointed
             and
             fixed
             to
             a
             place
             certain
             ,
             by
             Law.
             
          
           
             By
             reason
             hereof
             ,
             it
             is
             not
             the
             attendance
             of
             any
             of
             the
             Members
             in
             Parliament
             (
             for
             discharge
             of
             the
             Trust
             reposed
             in
             them
             ,
             confirm'd
             and
             enlarged
             by
             the
             said
             Act
             )
             that
             is
             faulty
             or
             censurable
             by
             the
             Law
             ,
             but
             those
             that
             unwarrantably
             depart
             and
             desert
             that
             their
             Trust
             and
             station
             ,
             are
             to
             be
             blamed
             ;
             6.
             
             Hen.
             8.
             16.
             
          
           
             The
             King
             in
             conjunction
             with
             the
             Parliament
             ,
             is
             
               maxime
               Rex
            
             ,
             and
             is
             supported
             in
             the
             Throne
             and
             exercise
             of
             his
             Regal
             Power
             ,
             by
             the
             joynt
             concurrence
             of
             both
             Houses
             .
             And
             because
             (
             as
             his
             late
             Majesty
             well
             observed
             )
             the
             happiness
             and
             good
             of
             the
             Constitution
             of
             this
             Government
             ,
             lies
             in
             keeping
             the
             ballance
             even
             between
             the
             three
             Estates
             ,
             containing
             themselves
             within
             the
             bounds
             of
             their
             proper
             channels
             ,
             therefore
             in
             attempts
             of
             either
             to
             overflow
             those
             bounds
             ,
             (
             they
             being
             co-ordinate
             )
             the
             Office
             of
             a
             Parliament
             is
             by
             the
             very
             fundamental
             constitution
             of
             the
             Government
             ,
             to
             keep
             this
             ballance
             well
             poised
             .
             And
             to
             that
             end
             (
             as
             was
             before
             mentioned
             )
             his
             Majesties
             own
             words
             are
             in
             his
             said
             Answer
             to
             the
             
               nineteen
               Propositions
               ;
               That
               there
               was
               legally
               placed
               in
               both
               Houses
               ,
               a
               Power
               more
               than
               sufficient
               to
               prevent
               and
               restrain
               the
               Power
               of
               Tyranny
               .
            
             If
             so
             ,
             then
             are
             they
             the
             legal
             Judges
             ,
             when
             there
             is
             danger
             of
             Tyranny
             ;
             and
             have
             legal
             power
             to
             require
             their
             Judgment
             and
             Resolves
             to
             be
             obeyed
             ,
             not
             only
             when
             Arms
             are
             actually
             raised
             against
             them
             ,
             but
             when
             they
             discern
             and
             accordingly
             declare
             a
             preparation
             towards
             it
             :
             else
             ,
             they
             may
             find
             it
             too
             late
             to
             prevent
             the
             power
             of
             Tyranny
             .
             There
             is
             no
             greater
             attempt
             of
             Tyranny
             ,
             than
             to
             arm
             against
             the
             Parliament
             ;
             and
             there
             is
             no
             visible
             way
             for
             the
             restraining
             such
             Tyranny
             ,
             but
             by
             raising
             Arms
             in
             their
             own
             and
             the
             
             Kingdoms
             defence
             .
             Less
             than
             this
             is
             not
             sufficient
             ,
             and
             therefore
             far
             from
             more
             than
             sufficient
             ,
             for
             the
             punishment
             of
             Delinquents
             and
             restraint
             of
             Tyranny
             .
          
           
             Unto
             the
             King
             in
             conjunction
             with
             his
             two
             Houses
             ,
             according
             as
             is
             provided
             by
             the
             Law
             ,
             in
             this
             capacity
             of
             his
             as
             
               maxime
               Rex
            
             ,
             was
             the
             duty
             of
             Allegiance
             to
             be
             yeelded
             by
             his
             Subjects
             ,
             during
             the
             indissolved
             state
             of
             that
             Parliament
             .
             For
             they
             were
             the
             King
             's
             great
             Council
             ,
             and
             supream
             Court
             ,
             exercising
             the
             known
             Power
             and
             Priviledges
             ,
             that
             time
             out
             of
             mind
             have
             appertained
             to
             them
             ,
             and
             been
             put
             forth
             by
             them
             ,
             as
             the
             Exigents
             of
             the
             Kingdom
             have
             required
             ,
             when
             differences
             have
             happened
             about
             the
             very
             title
             of
             the
             Crown
             ,
             in
             declaring
             the
             duty
             of
             the
             Subject
             ,
             by
             yeelding
             their
             Allegiance
             to
             Kings
             
               de
               facto
            
             ,
             when
             Kings
             
               de
               jure
            
             have
             been
             kept
             out
             of
             possession
             .
             This
             our
             Chronicles
             ,
             and
             the
             Histories
             of
             former
             times
             ,
             do
             plentifully
             inform
             .
          
           
             The
             causes
             that
             did
             happen
             ,
             to
             move
             his
             late
             Majesty
             to
             depart
             from
             his
             Parliament
             ,
             and
             continue
             for
             many
             years
             ,
             not
             only
             at
             a
             distance
             and
             in
             a
             disjunction
             from
             them
             ,
             but
             at
             last
             ,
             in
             a
             declared
             posture
             of
             Enmity
             and
             War
             against
             them
             ,
             are
             so
             well
             known
             and
             fully
             stated
             in
             print
             (
             not
             to
             say
             ,
             
               written
               in
               characters
               of
               blood
            
             )
             on
             both
             parts
             ,
             that
             I
             shall
             only
             mention
             it
             ,
             and
             refer
             to
             it
             .
          
           
             This
             matter
             was
             not
             done
             in
             a
             corner
             .
             The
             Appeals
             were
             solemn
             ,
             and
             the
             decision
             by
             the
             Sword
             ,
             was
             given
             by
             that
             God
             ,
             who
             being
             the
             Judge
             of
             the
             whole
             World
             ,
             does
             Right
             ,
             and
             cannot
             do
             otherwise
             .
          
           
             By
             occasion
             of
             these
             unhappy
             differences
             ,
             thus
             happening
             most
             great
             and
             unusual
             Changes
             and
             Revolutions
             ,
             like
             an
             irresistible
             Torrent
             ,
             did
             break
             in
             upon
             us
             ,
             not
             only
             to
             the
             disjoynting
             that
             Parliamentary
             Assembly
             among
             themselves
             ,
             (
             the
             head
             from
             the
             members
             ,
             the
             co-ordinates
             from
             each
             other
             ,
             and
             the
             houses
             within
             themselves
             )
             but
             to
             the
             creating
             such
             formed
             divisions
             among
             the
             people
             ,
             and
             to
             the
             producing
             such
             a
             general
             state
             of
             Confusion
             and
             Disorder
             ,
             that
             hardly
             any
             were
             able
             to
             know
             their
             duty
             ,
             and
             with
             certainly
             to
             discern
             who
             were
             to
             command
             and
             who
             to
             obey
             .
             All
             things
             seemed
             to
             be
             reduced
             ,
             and
             in
             a
             manner
             resolved
             into
             their
             first
             elements
             and
             principles
             .
          
           
             Nevertheless
             ,
             as
             dark
             as
             such
             a
             state
             might
             be
             ,
             the
             Law
             of
             England
             leaves
             not
             the
             Subjects
             thereof
             (
             as
             I
             humbly
             conceive
             )
             without
             some
             glimpses
             of
             direction
             what
             to
             do
             ,
             in
             the
             cleaving
             to
             ,
             and
             pursuing
             of
             which
             ,
             I
             hope
             I
             shall
             not
             be
             accounted
             nor
             judged
             an
             offender
             ;
             or
             if
             I
             am
             ,
             I
             shall
             have
             the
             comfort
             and
             peace
             of
             my
             Actions
             to
             support
             me
             in
             and
             under
             my
             greatest
             sufferings
             .
          
           
           
             The
             Resolutions
             of
             all
             the
             Judges
             in
             Calvin's
             Case
             ,
             entituled
             ,
             Post-nati
             ,
             in
             the
             7th
             Book
             of
             Cook
             's
             Reports
             ,
             and
             the
             learned
             Arguments
             thereupon
             ,
             afforded
             me
             instruction
             even
             in
             this
             matter
             .
             It
             may
             be
             't
             is
             truly
             thence
             affirmed
             ,
             that
             Allegiance
             is
             due
             only
             to
             the
             King
             ,
             and
             how
             due
             ,
             is
             also
             shewed
             .
          
           
             The
             King
             is
             acknowledged
             to
             have
             two
             capacities
             in
             him
             ;
             one
             a
             natural
             ,
             as
             he
             is
             descended
             of
             the
             Blood
             Royal
             of
             the
             Realm
             ;
             and
             the
             Body
             natural
             he
             hath
             in
             this
             capacity
             ,
             is
             of
             the
             creation
             of
             Almighty
             God
             and
             mortal
             :
             The
             other
             is
             a
             politick
             capacity
             ,
             in
             respect
             of
             which
             he
             is
             a
             Body
             politick
             or
             mystical
             ,
             framed
             by
             the
             policy
             of
             man
             ,
             which
             is
             immortal
             and
             invisible
             .
             To
             the
             King
             ,
             in
             both
             these
             capacities
             conjoyn'd
             ,
             Allegiance
             is
             due
             ;
             that
             is
             to
             say
             ,
             to
             the
             natural
             person
             of
             the
             King
             ,
             accompanied
             with
             his
             politick
             capacity
             ,
             or
             the
             politick
             appropriated
             to
             the
             natural
             .
          
           
             The
             politick
             capacity
             of
             the
             King
             hath
             properly
             no
             body
             nor
             soul
             :
             for
             it
             is
             framed
             by
             the
             policy
             of
             man.
             
          
           
             In
             all
             Indictments
             of
             Treason
             ,
             when
             any
             one
             does
             intend
             the
             death
             and
             destruction
             of
             the
             King
             ,
             it
             must
             needs
             be
             understood
             of
             his
             natural
             body
             ,
             the
             other
             being
             immortal
             .
             The
             Indictment
             therefore
             concludes
             
               contra
               Legiantiae
               suae
               debitum
            
             ,
             against
             the
             duty
             of
             his
             Allegiance
             ,
             so
             that
             Allegiance
             is
             due
             to
             the
             natural
             body
             .
          
           
             Admitting
             then
             that
             thus
             by
             Law
             ,
             Allegiance
             is
             due
             to
             the
             King
             (
             as
             before
             recited
             )
             yet
             it
             is
             alwayes
             to
             be
             presumed
             ,
             that
             it
             is
             to
             the
             King
             in
             conjunction
             with
             the
             Parliament
             ,
             the
             Law
             ,
             and
             the
             Kingdom
             ,
             and
             not
             in
             disjunction
             from
             ,
             or
             opposition
             to
             them
             ;
             and
             that
             ,
             while
             a
             Parliament
             is
             in
             being
             and
             cannot
             be
             dissolved
             ,
             but
             by
             the
             Consent
             of
             the
             three
             Estates
             .
          
           
             This
             is
             therefore
             that
             ,
             which
             makes
             the
             matter
             in
             question
             ,
             a
             new
             Case
             ,
             that
             never
             before
             happened
             in
             the
             Kingdom
             ,
             nor
             was
             possible
             to
             happen
             ,
             unless
             there
             had
             been
             a
             Parliament
             constituted
             ,
             as
             this
             was
             ,
             unsubjected
             to
             Adjournment
             ,
             Prorogation
             or
             Dissolution
             ,
             by
             the
             King's
             will.
             Where
             such
             a
             power
             is
             granted
             ,
             and
             the
             co-ordinates
             thereupon
             disagree
             and
             fall
             out
             ,
             such
             effects
             and
             consequents
             as
             these
             that
             have
             happened
             ,
             will
             but
             too
             probably
             follow
             .
             And
             ,
             if
             either
             the
             Law
             of
             Nature
             ,
             or
             England
             ,
             inform
             not
             in
             such
             case
             ,
             it
             will
             be
             impossible
             for
             the
             Subjects
             to
             know
             their
             duty
             ,
             when
             that
             Power
             and
             Command
             which
             ought
             to
             flow
             from
             three
             in
             conjunction
             ,
             comes
             to
             be
             exercised
             by
             all
             or
             either
             of
             them
             ,
             singly
             and
             apart
             ,
             or
             by
             two
             of
             them
             against
             one
             .
          
           
             When
             new
             and
             never-heard-of
             Changes
             do
             fall
             out
             in
             the
             Kingdom
             ,
             it
             is
             not
             like
             that
             the
             known
             and
             written
             Laws
             of
             the
             Land
             should
             be
             
             the
             exact
             Rule
             ,
             but
             the
             Grounds
             and
             Rules
             of
             Justice
             ,
             contained
             and
             declared
             in
             the
             Law
             of
             Nature
             ,
             are
             and
             ought
             to
             be
             a
             Sanctuary
             in
             such
             cases
             ,
             even
             by
             the
             very
             Common
             Law
             of
             England
             :
             For
             ,
             thence
             originally
             spring
             the
             unerring
             Rules
             ,
             that
             are
             set
             by
             the
             Divine
             and
             Eternal
             Law
             ,
             for
             Rule
             and
             Subjection
             in
             all
             States
             and
             Kingdoms
             .
          
           
             In
             contemplation
             hereof
             ,
             as
             the
             Resolve
             of
             all
             the
             Judges
             ,
             it
             was
             agreed
             ,
          
           
             1.
             
             
               That
               Allegiance
               is
               due
               to
               Soveraignty
               by
               the
               Law
               of
               Nature
               ,
            
             to
             wit
             ,
             that
             Law
             which
             God
             at
             the
             creation
             of
             Man
             ,
             infused
             into
             his
             heart
             ,
             for
             his
             preservation
             and
             direction
             ,
             the
             Law
             eternal
             .
             Yet
             ,
             is
             it
             not
             this
             Law
             ,
             as
             it
             is
             in
             the
             heart
             of
             every
             individual
             man
             ,
             that
             is
             binding
             over
             many
             ,
             or
             legislative
             ,
             but
             as
             it
             is
             the
             Act
             of
             a
             Community
             ,
             or
             an
             Associated
             People
             ,
             by
             the
             right
             dictates
             and
             perswasions
             of
             the
             work
             of
             this
             Law
             in
             their
             hearts
             .
             This
             appears
             in
             the
             Case
             of
             the
             
               Israelites
               ,
               Judg.
            
             20
             ,
             &
             21
             chapters
             ,
             cited
             in
             the
             4th
             part
             of
             
               Cook
               's
               Institutes
            
             ,
             where
             mention
             is
             made
             of
             a
             Parliament
             without
             a
             King
             ,
             that
             made
             War
             ,
             and
             that
             with
             their
             Brethren
             .
             They
             met
             as
             one
             man
             to
             do
             it
             ,
             in
             vindication
             of
             that
             Justice
             unto
             which
             they
             were
             obliged
             even
             by
             the
             Law
             of
             Nature
             .
             This
             is
             that
             which
             Chancellor
             Fortescue
             calls
             
               Political
               Power
            
             ,
             here
             in
             England
             ;
             by
             which
             ,
             as
             by
             the
             Ordinance
             of
             man
             ,
             in
             pursuance
             of
             the
             Ordinance
             of
             God
             ,
             the
             Regal
             Office
             constituted
             ,
             or
             the
             King
             's
             Politick
             Capacity
             ,
             and
             becomes
             appropriated
             to
             his
             natural
             person
             .
          
           
             Thus
             Politick
             Power
             is
             the
             immediate
             Efflux
             and
             Off-spring
             of
             the
             Law
             of
             Nature
             ,
             and
             may
             be
             called
             a
             part
             of
             it
             .
             To
             this
             ,
             Hooker
             in
             his
             
               Ecclesiastical
               Polity
            
             agrees
             ,
             and
             Selden
             on
             that
             subject
             .
          
           
             The
             Law
             of
             Nature
             thus
             considered
             ,
             is
             part
             of
             the
             Law
             of
             England
             ,
             as
             is
             evident
             by
             all
             the
             best
             received
             Law-Books
             ,
             
               Bracton
               ,
               Fleta
               ,
               Lambard
            
             upon
             the
             
               Saxon
               Laws
            
             ,
             and
             Fortescue
             in
             the
             praise
             of
             the
             
               Laws
               of
               England
            
             .
             This
             is
             the
             Law
             that
             is
             before
             any
             judicial
             or
             municipal
             Law
             ,
             as
             the
             root
             and
             fountain
             whence
             these
             and
             all
             Government
             under
             God
             and
             his
             Law
             do
             flow
             .
          
           
             This
             
               Politick
               Power
            
             ,
             as
             it
             is
             exercised
             in
             conjunction
             with
             ,
             and
             conformity
             to
             the
             Eternal
             Law
             ,
             partakes
             of
             its
             moral
             and
             immutable
             nature
             ,
             and
             cannot
             be
             changed
             by
             Act
             of
             Parliament
             .
             Of
             this
             Law
             it
             is
             that
             
               Magna
               Charta
            
             and
             the
             
               Charter
               of
               Forest
            
             ,
             with
             other
             Statutes
             ,
             rehearsed
             in
             the
             
               Petition
               of
               Right
            
             ,
             are
             for
             the
             most
             part
             declaratory
             .
             For
             they
             are
             not
             introductive
             of
             any
             new
             Law
             ,
             but
             confirmations
             of
             what
             was
             good
             in
             all
             Laws
             of
             England
             ,
             before
             .
             This
             agrees
             with
             that
             Maxime
             ,
             
               Salus
               Populi
               suprema
               Lex
            
             ;
             that
             being
             made
             due
             and
             binding
             
             by
             this
             Law
             ,
             which
             in
             the
             Judgment
             of
             the
             Community
             ,
             declaring
             their
             mind
             by
             their
             own
             free
             chosen
             Delegates
             and
             Trustees
             ,
             in
             harmony
             with
             the
             Eternal
             Law
             ,
             appears
             profitable
             and
             necessary
             for
             the
             preservation
             and
             good
             of
             the
             whole
             Society
             .
          
           
             This
             is
             the
             Law
             ,
             which
             is
             put
             forth
             by
             the
             common
             consent
             of
             the
             whole
             Realm
             ,
             in
             their
             Representative
             ;
             and
             (
             according
             to
             the
             fundamental
             Constitutions
             of
             this
             Kingdom
             )
             is
             that
             ,
             with
             which
             the
             Kings
             of
             this
             Land
             ,
             by
             the
             joynt
             co-operation
             of
             the
             three
             Estates
             ,
             do
             make
             and
             repeal
             Laws
             .
          
           
             But
             through
             the
             disorders
             and
             divisions
             of
             the
             times
             ,
             these
             two
             Powers
             ,
             the
             Regal
             and
             Political
             ,
             (
             which
             ,
             according
             to
             the
             Law
             of
             England
             ,
             make
             up
             but
             one
             and
             the
             same
             supream
             Authority
             )
             fell
             assunder
             ,
             and
             found
             themselves
             in
             disjunction
             from
             ,
             and
             opposition
             to
             one
             another
             .
             I
             do
             not
             say
             ,
             The
             question
             is
             now
             ,
             which
             of
             these
             is
             most
             rightly
             ,
             (
             according
             to
             the
             principles
             of
             the
             Law
             of
             Nature
             and
             the
             Law
             of
             England
             )
             to
             be
             adhered
             unto
             and
             obeyed
             ,
             but
             unto
             whether
             Power
             adherence
             is
             a
             crime
             ,
             in
             such
             an
             Exigent
             of
             State
             ?
             Which
             ,
             since
             it
             is
             such
             a
             new
             and
             extraordinary
             Case
             ,
             evidently
             above
             the
             Track
             of
             the
             ordinary
             Rules
             ,
             contained
             in
             the
             positive
             and
             municipal
             Laws
             of
             England
             ,
             there
             can
             be
             no
             colour
             to
             bring
             it
             within
             the
             Statute
             of
             25.
             
             
               Ed.
               3.
               cap.
            
             2.
             forasmuch
             as
             all
             Statutes
             presuppose
             these
             two
             Powers
             ,
             Regal
             and
             Political
             ,
             in
             conjunction
             ,
             perfect
             unity
             and
             subserviency
             ,
             which
             this
             Case
             does
             not
             ,
             cannot
             admit
             .
             So
             exceeding
             new
             and
             extraordinary
             a
             Case
             is
             it
             ,
             that
             it
             may
             be
             doubted
             whether
             ,
             and
             questioned
             how
             far
             ,
             any
             other
             Parliament
             ,
             but
             that
             Parliament
             it self
             that
             was
             privy
             to
             all
             its
             own
             Actings
             and
             Intentions
             ,
             can
             be
             an
             indifferent
             and
             competent
             Judge
             .
             But
             however
             ,
             the
             point
             is
             of
             so
             abstruse
             and
             high
             consideration
             ,
             as
             no
             inferiour
             Court
             can
             ,
             or
             ought
             to
             judge
             of
             it
             ,
             as
             by
             Law-Books
             is
             most
             undeniable
             ;
             to
             wit
             ,
             Bracton
             and
             others
             .
          
           
             This
             then
             being
             the
             true
             state
             of
             the
             Case
             ,
             and
             the
             spring
             of
             that
             Contest
             that
             ensued
             ,
             and
             received
             its
             decision
             by
             the
             late
             War
             ;
             The
             next
             Consideration
             is
             ,
             how
             far
             I
             have
             had
             my
             share
             and
             part
             therein
             ,
             that
             by
             the
             Laws
             is
             not
             warrantable
             ,
             or
             by
             what
             appears
             in
             way
             of
             proof
             ,
             to
             the
             Jury
             .
          
           
             For
             the
             first
             ,
             I
             shall
             crave
             leave
             to
             give
             you
             this
             account
             of
             my self
             ,
             who
             have
             best
             known
             my
             own
             mind
             and
             intentions
             throughout
             ,
             and
             would
             not
             now
             ,
             to
             save
             my
             life
             ,
             renounce
             the
             principles
             of
             that
             Righteous
             Cause
             ,
             which
             my
             conscience
             tells
             me
             ,
             was
             my
             duty
             to
             be
             faithful
             unto
             .
          
           
             I
             do
             therefore
             humbly
             affirm
             ,
             That
             in
             the
             afore-mentioned
             great
             
             Changes
             and
             Revolutions
             ,
             from
             first
             to
             last
             ,
             I
             was
             never
             a
             first
             mover
             ,
             but
             alwayes
             a
             follower
             ,
             chusing
             rather
             to
             adhere
             to
             things
             than
             persons
             ;
             and
             (
             where
             Authority
             was
             dark
             or
             dubious
             )
             to
             do
             things
             justifiable
             by
             the
             Light
             and
             Law
             of
             Nature
             ,
             as
             that
             Law
             is
             acknowledged
             part
             of
             the
             Law
             of
             the
             Land
             ;
             things
             ,
             that
             are
             
               in
               se
               bona
            
             ,
             and
             such
             ,
             as
             according
             to
             the
             grounds
             and
             principles
             of
             the
             Common
             Law
             ,
             as
             well
             as
             the
             Statutes
             of
             this
             Land
             ,
             would
             warrant
             and
             indempnifie
             me
             ,
             in
             doing
             them
             .
             For
             I
             have
             observed
             by
             Precedents
             of
             former
             times
             ,
             when
             there
             have
             arisen
             disputes
             about
             Titles
             to
             the
             Crown
             ,
             between
             Kings
             
               de
               facto
            
             and
             Kings
             
               de
               jure
            
             ,
             the
             People
             of
             this
             Realm
             wanted
             not
             directions
             for
             their
             safety
             ,
             and
             how
             to
             behave
             themselves
             within
             the
             duty
             and
             limits
             of
             Allegiance
             to
             the
             King
             and
             Kingdom
             ,
             in
             such
             difficult
             and
             dangerous
             seasons
             .
          
           
             My
             Lord
             Cook
             is
             very
             clear
             in
             this
             point
             ,
             in
             his
             Chap.
             of
             Treason
             ,
             fol.
             7.
             
             And
             if
             it
             were
             otherwise
             ,
             it
             were
             the
             hardest
             case
             that
             could
             be
             ,
             for
             the
             people
             of
             England
             :
             For
             then
             they
             would
             be
             certainly
             exposed
             to
             punishment
             ,
             from
             those
             that
             are
             in
             possession
             of
             the
             supream
             power
             ,
             as
             Traitors
             ,
             if
             they
             do
             any
             thing
             against
             them
             ,
             or
             do
             not
             obey
             them
             ;
             and
             they
             would
             be
             punishable
             as
             Traitors
             ,
             by
             him
             that
             hath
             right
             ,
             and
             is
             King
             
               de
               jure
            
             ,
             in
             case
             they
             do
             obey
             the
             Kings
             
               de
               facto
            
             ,
             and
             so
             all
             the
             people
             of
             England
             are
             necessarily
             involved
             in
             Treasons
             ,
             either
             against
             the
             Powers
             
               de
               facto
            
             ,
             or
             
               de
               jure
            
             ,
             and
             may
             by
             the
             same
             reason
             be
             questioned
             for
             it
             ,
             as
             well
             as
             the
             Prisoner
             ,
             if
             the
             
               Act
               of
               Indempnity
            
             and
             the
             
               King's
               Pardon
            
             did
             not
             free
             them
             from
             it
             .
             The
             security
             then
             and
             safety
             of
             all
             the
             People
             of
             England
             ,
             is
             by
             this
             means
             ,
             made
             to
             depend
             upon
             a
             Pardon
             ,
             (
             which
             might
             have
             been
             granted
             or
             denied
             )
             and
             not
             upon
             the
             sure
             foundations
             of
             
               Common
               Law
            
             ;
             an
             opinion
             sure
             ,
             which
             (
             duly
             weighed
             and
             considered
             )
             is
             very
             strange
             ,
             to
             say
             no
             more
             .
          
           
             For
             I
             would
             gladly
             know
             that
             person
             in
             England
             of
             estate
             and
             fortune
             ,
             and
             of
             age
             ,
             that
             hath
             not
             counselled
             ,
             aided
             or
             abetted
             ,
             either
             by
             his
             person
             or
             estate
             ,
             and
             submitted
             to
             the
             Laws
             and
             Government
             of
             the
             Powers
             that
             then
             were
             ;
             and
             if
             so
             ,
             then
             by
             your
             Judgments
             upon
             me
             ,
             you
             condemn
             (
             in
             effigies
             ,
             and
             by
             necessary
             consequence
             )
             the
             whole
             Kingdom
             .
          
           
             And
             if
             that
             be
             the
             Law
             ,
             and
             be
             now
             known
             to
             be
             so
             ,
             it
             is
             worth
             consideration
             ,
             whether
             ,
             if
             it
             had
             been
             generally
             known
             and
             understood
             before
             ,
             it
             might
             not
             have
             hindred
             his
             Majesties
             Restoration
             .
          
           
             Besides
             ,
             although
             ,
             until
             this
             Judgement
             be
             passed
             upon
             me
             ,
             the
             people
             have
             apprehended
             themselves
             ,
             as
             free
             from
             question
             ,
             and
             out
             of
             danger
             ,
             by
             reason
             of
             the
             
               Act
               of
               Indempnity
               and
               General
               Pardon
            
             ;
             yet
             
             when
             it
             shall
             appear
             to
             them
             ,
             that
             such
             their
             safety
             is
             not
             grounded
             on
             the
             Common
             Law
             ,
             nor
             upon
             the
             Law
             of
             Nature
             ,
             but
             that
             against
             both
             these
             in
             their
             actions
             ,
             they
             are
             found
             faulty
             ,
             and
             tainted
             with
             a
             moral
             guilt
             ,
             and
             that
             as
             principals
             ;
             also
             ,
             (
             since
             in
             Treason
             there
             are
             no
             Accessories
             )
             what
             terrifying
             Reflexions
             must
             this
             needs
             stir
             up
             in
             the
             mind
             of
             every
             man
             ,
             that
             will
             be
             apt
             to
             believe
             his
             Turn
             will
             come
             next
             ,
             at
             least
             once
             in
             two
             years
             ,
             as
             hath
             befallen
             me
             in
             my
             p●rson
             ,
             who
             (
             however
             I
             have
             been
             misjudged
             and
             misunderstood
             )
             can
             truly
             affirm
             ,
             that
             in
             the
             whole
             series
             of
             my
             Actions
             ,
             that
             which
             I
             have
             had
             in
             my
             eye
             ,
             hath
             been
             to
             preserve
             the
             ancient
             ,
             well-constituted
             Government
             of
             England
             on
             its
             own
             basis
             and
             primitive
             righteous
             foundations
             ,
             most
             learnedly
             stated
             by
             Fortescue
             in
             his
             Book
             ,
             made
             in
             praise
             of
             the
             
               English
               Laws
            
             .
             And
             I
             did
             account
             it
             the
             most
             likely
             means
             for
             the
             effecting
             of
             this
             ,
             to
             preserve
             it
             ,
             at
             least
             in
             its
             root
             ,
             whatever
             changes
             and
             alterations
             it
             might
             be
             exposed
             unto
             in
             its
             branches
             ,
             through
             the
             blustrous
             and
             stormy
             times
             that
             have
             passed
             over
             us
             .
          
           
             This
             is
             no
             new
             doctrine
             ,
             in
             a
             Kingdom
             acquainted
             with
             
               Political
               Power
            
             ,
             as
             Fortescue
             shews
             ours
             is
             ,
             describing
             it
             to
             be
             in
             effect
             ,
             the
             Common
             Assent
             of
             the
             Realm
             ,
             the
             Will
             of
             the
             People
             or
             whole
             Body
             of
             the
             Kingdom
             ,
             represented
             in
             Parliament
             .
             Nay
             ,
             though
             this
             Representation
             (
             as
             hath
             fallen
             out
             )
             be
             restrained
             for
             a
             season
             ,
             to
             the
             Commons
             House
             ,
             in
             their
             single
             actings
             ,
             into
             which
             (
             as
             we
             have
             seen
             )
             when
             by
             the
             inordinate
             fire
             of
             the
             times
             ,
             two
             of
             the
             three
             Estates
             have
             for
             a
             season
             been
             melted
             down
             ,
             they
             did
             but
             retire
             into
             their
             Root
             ,
             and
             were
             not
             hereby
             in
             their
             Right
             ,
             destroyed
             ,
             but
             rather
             preserved
             ,
             though
             as
             to
             their
             exercise
             ,
             laid
             for
             a
             while
             asleep
             ,
             till
             the
             season
             came
             of
             their
             Revival
             and
             Restoration
             .
          
           
             And
             whatever
             were
             the
             intents
             and
             designs
             of
             others
             ,
             (
             who
             are
             to
             give
             an
             account
             of
             their
             own
             actions
             )
             It
             is
             sufficient
             for
             me
             ,
             that
             at
             a
             time
             critical
             and
             decisive
             ,
             (
             though
             to
             my
             own
             hazard
             and
             ill
             usage
             )
             I
             did
             declare
             my
             Refusal
             of
             the
             Oath
             of
             Abjuration
             ,
             which
             was
             intended
             to
             be
             taken
             by
             all
             the
             Members
             of
             Parliament
             ,
             in
             reference
             to
             Kingly
             Government
             ,
             and
             the
             Line
             of
             his
             now
             Majesty
             in
             particular
             .
             This
             I
             not
             only
             positively
             refused
             to
             take
             ,
             but
             was
             an
             occasion
             of
             the
             second
             thoughts
             which
             the
             Parliament
             reassumed
             thereof
             ,
             till
             in
             a
             manner
             ,
             they
             came
             wholly
             at
             last
             to
             decline
             it
             ;
             a
             proof
             undeniable
             of
             the
             remoteness
             of
             any
             intentions
             or
             designs
             of
             mine
             ,
             as
             to
             the
             endeavouring
             any
             alteration
             or
             change
             in
             the
             Government
             ,
             and
             was
             that
             which
             gave
             such
             jealousie
             to
             many
             in
             the
             House
             ,
             that
             they
             were
             willing
             to
             take
             the
             first
             occasion
             to
             shew
             their
             dislike
             of
             me
             ,
             and
             to
             discharge
             me
             from
             sitting
             among
             them
             .
          
           
           
             But
             to
             return
             to
             what
             I
             have
             before
             affirmed
             ,
             as
             to
             my
             being
             no
             leading
             or
             first
             Actor
             in
             any
             Change
             ,
             it
             is
             very
             apparent
             by
             my
             deportment
             at
             the
             time
             when
             that
             great
             Violation
             of
             Priviledges
             happened
             to
             the
             Parliament
             ,
             so
             as
             by
             force
             of
             Arms
             several
             Members
             thereof
             were
             debarred
             coming
             into
             the
             House
             and
             keeping
             their
             seats
             there
             .
             This
             made
             me
             forbear
             to
             come
             to
             the
             Parliament
             for
             the
             space
             of
             ten
             weeks
             ,
             (
             to
             wit
             ,
             from
             the
             third
             of
             Decemb.
             1648
             ,
             till
             towards
             the
             middle
             of
             February
             following
             )
             or
             to
             meddle
             in
             any
             publick
             transactions
             .
             And
             during
             that
             time
             ,
             the
             matter
             most
             obvious
             to
             exception
             ,
             in
             way
             of
             alteration
             of
             the
             Government
             ,
             did
             happen
             .
             I
             can
             therefore
             truly
             say
             ,
             that
             as
             I
             had
             neither
             consent
             nor
             vote
             ,
             at
             first
             ,
             in
             the
             Resolutions
             of
             the
             Houses
             ,
             concerning
             the
             Non-Addresses
             to
             his
             late
             Majesty
             ,
             so
             neither
             had
             I
             ,
             in
             the
             least
             ,
             any
             consent
             in
             ,
             or
             approbation
             to
             ,
             his
             Death
             .
             But
             on
             the
             contrary
             ,
             when
             required
             by
             the
             Parliament
             ,
             to
             take
             an
             Oath
             ,
             to
             give
             my
             approbation
             
               ex
               post
               facto
            
             to
             what
             was
             done
             ,
             I
             utterly
             refused
             ,
             and
             would
             not
             accept
             of
             sitting
             in
             the
             Council
             of
             State
             upon
             those
             terms
             ,
             but
             occasioned
             a
             new
             Oath
             to
             be
             drawn
             ,
             wherein
             that
             was
             omitted
             .
             Hereupon
             ,
             many
             of
             the
             Council
             of
             State
             sate
             ,
             that
             would
             not
             take
             the
             other
             .
          
           
             In
             like
             manner
             ,
             The
             Resolutions
             and
             Votes
             for
             changing
             the
             Government
             into
             a
             Commonwealth
             or
             Free-State
             were
             passed
             ,
             some
             weeks
             before
             my
             return
             to
             Parliament
             .
             Yet
             afterwards
             (
             so
             far
             as
             I
             judged
             the
             same
             consonant
             to
             the
             principles
             and
             grounds
             ,
             declared
             in
             the
             Laws
             of
             England
             ,
             for
             upholding
             that
             Political
             Power
             ,
             which
             hath
             given
             the
             rise
             and
             introduction
             in
             this
             Nation
             ,
             to
             Monarchy
             it self
             ,
             by
             the
             account
             of
             antient
             Writers
             )
             I
             conceived
             it
             my
             duty
             ,
             as
             the
             state
             of
             things
             did
             then
             appear
             to
             me
             ,
             (
             notwithstanding
             the
             said
             Alteration
             made
             )
             to
             keep
             my
             station
             in
             Parliament
             ,
             and
             to
             perform
             my
             Allegiance
             therein
             ,
             to
             King
             and
             Kingdom
             ,
             under
             the
             Powers
             then
             regnant
             ,
             (
             upon
             my
             principles
             before
             declared
             )
             yeelding
             obedience
             to
             their
             Authority
             and
             Commands
             .
             And
             having
             received
             Trust
             ,
             in
             reference
             to
             the
             safety
             and
             preservation
             of
             the
             Kingdom
             ,
             in
             those
             times
             of
             imminent
             danger
             ,
             (
             both
             within
             and
             without
             )
             I
             did
             conscientiously
             hold
             my self
             obliged
             ,
             to
             be
             true
             and
             faithful
             therein
             .
             This
             I
             did
             upon
             a
             publick
             account
             ,
             not
             daring
             to
             quit
             my
             station
             in
             Parliament
             ,
             by
             vertue
             of
             my
             first
             Writ
             .
             Nor
             was
             it
             for
             any
             private
             or
             gainful
             ends
             ,
             to
             profit
             my self
             or
             enrich
             my
             Relations
             .
             This
             may
             appear
             as
             well
             by
             the
             great
             Debt
             I
             have
             contracted
             ,
             as
             by
             the
             destitute
             condition
             my
             many
             Children
             are
             in
             ,
             as
             to
             any
             provision
             made
             for
             them
             .
             And
             I
             do
             publickly
             challenge
             all
             persons
             whatsoever
             ,
             that
             can
             give
             information
             of
             any
             Bribes
             or
             covert
             
             wayes
             ,
             used
             by
             me
             ,
             during
             the
             whole
             time
             of
             my
             publick
             acting
             .
             Therefore
             I
             hope
             it
             will
             be
             evident
             to
             the
             Consciences
             of
             the
             Jury
             ,
             that
             what
             I
             have
             done
             ,
             hath
             been
             upon
             principles
             of
             Integrity
             ,
             Honour
             ,
             Justice
             ,
             Reason
             and
             Conscience
             ,
             and
             not
             as
             is
             suggested
             in
             the
             Indictment
             ,
             by
             
               instigation
               of
               the
               Devil
            
             ,
             or
             
               want
               of
               the
               fear
               of
               God.
               
            
          
           
             A
             second
             great
             Change
             that
             happened
             upon
             the
             Constitution
             of
             the
             Parliament
             ,
             and
             in
             them
             ,
             of
             the
             very
             Kingdom
             it self
             and
             the
             Laws
             thereof
             (
             to
             the
             plucking
             up
             the
             Liberties
             of
             it
             by
             the
             very
             roots
             ,
             and
             the
             introducing
             of
             an
             Arbitrary
             Regal
             Power
             ,
             under
             the
             name
             of
             Protector
             ,
             by
             force
             ,
             and
             the
             Law
             of
             the
             Sword
             )
             was
             the
             Usurpation
             of
             Cromwel
             ,
             which
             I
             opposed
             from
             the
             beginning
             to
             the
             end
             ,
             to
             that
             degree
             of
             suffering
             ,
             and
             with
             that
             constancy
             ,
             that
             well
             near
             had
             cost
             me
             not
             only
             the
             loss
             of
             my
             Estate
             ,
             but
             of
             my
             very
             Life
             ,
             if
             he
             might
             have
             had
             his
             will
             ,
             which
             a
             higher
             than
             he
             hindred
             .
             Yet
             I
             did
             remain
             a
             Prisoner
             ,
             under
             great
             hardship
             ,
             four
             months
             ,
             in
             an
             Island
             ,
             by
             his
             Orders
             .
          
           
             Hereby
             ,
             That
             which
             I
             have
             asserted
             ,
             is
             most
             undeniably
             evident
             ,
             as
             to
             the
             true
             grounds
             and
             ends
             of
             my
             actions
             all
             along
             ,
             that
             were
             against
             Usurpation
             on
             the
             one
             hand
             ,
             or
             such
             extraordinary
             Actings
             on
             the
             other
             ,
             as
             I
             doubted
             the
             Laws
             might
             not
             warrant
             or
             indempnifie
             ,
             unless
             I
             were
             inforced
             thereunto
             ,
             by
             an
             over-ruling
             and
             inevitable
             necessity
             .
          
           
             The
             third
             considerable
             Change
             ,
             was
             the
             total
             disappointing
             and
             removing
             of
             the
             said
             Usurpation
             ,
             and
             the
             returning
             again
             of
             the
             Members
             of
             Parliament
             to
             the
             exercise
             of
             their
             primitive
             and
             original
             Trust
             ,
             for
             the
             good
             and
             safety
             of
             the
             Kingdom
             ,
             so
             far
             as
             the
             state
             of
             the
             times
             would
             then
             permit
             them
             ,
             being
             so
             much
             as
             they
             were
             ,
             under
             the
             power
             of
             an
             Army
             ,
             that
             for
             so
             long
             a
             time
             had
             influenced
             the
             Government
             .
             Towards
             the
             recovery
             therefore
             of
             things
             again
             into
             their
             own
             channel
             ,
             and
             upon
             the
             legal
             Root
             of
             the
             Peoples
             Liberties
             ,
             to
             wit
             ,
             their
             Common
             Consent
             in
             Parliament
             ,
             given
             by
             their
             own
             Deputies
             and
             Trustees
             ,
             I
             held
             it
             my
             duty
             to
             be
             again
             acting
             in
             publick
             Affairs
             ,
             in
             the
             capacity
             of
             a
             Member
             of
             the
             said
             Parliament
             ,
             then
             re-entred
             upon
             the
             actual
             Exercise
             of
             their
             former
             Power
             ,
             or
             at
             least
             strugling
             for
             it
             .
             In
             this
             season
             I
             had
             the
             opportunity
             of
             declaring
             my
             true
             intentions
             ,
             as
             to
             the
             Government
             ,
             upon
             occasion
             of
             refusing
             the
             Oath
             of
             Abjuration
             before
             mentioned
             .
          
           
             And
             whereas
             I
             am
             charged
             with
             keeping
             out
             his
             Majesty
             that
             now
             is
             ,
             from
             exercising
             his
             Regal
             Power
             or
             Royal
             Authority
             in
             this
             his
             Kingdom
             ;
             through
             the
             ill-will
             born
             me
             by
             that
             part
             of
             the
             Parliament
             then
             sitting
             ,
             I
             was
             discharg'd
             from
             being
             a
             Member
             thereof
             ,
             about
             
             Jan.
             9.
             1659
             ,
             and
             by
             many
             of
             them
             was
             charged
             ,
             or
             at
             least
             strongly
             suspected
             to
             be
             a
             Royalist
             :
             Yea
             ,
             I
             was
             not
             only
             discharged
             from
             my
             attendance
             in
             Parliament
             ,
             but
             confined
             as
             a
             prisoner
             at
             mine
             own
             house
             ,
             some
             time
             before
             there
             was
             any
             visible
             power
             in
             the
             Nation
             that
             thought
             it
             seasonable
             to
             own
             the
             King's
             Interest
             .
             And
             I
             hope
             my
             sitting
             still
             ,
             will
             not
             be
             imputed
             as
             a
             failer
             of
             duty
             ,
             in
             the
             condition
             of
             a
             prisoner
             ,
             and
             those
             circumstances
             I
             then
             was
             in
             .
             This
             I
             can
             say
             ,
             that
             from
             the
             time
             I
             saw
             his
             Majesties
             Declarations
             from
             Breda
             ,
             declaring
             his
             Intentions
             and
             Resolutions
             as
             to
             his
             Return
             to
             take
             upon
             him
             the
             actual
             Exercise
             of
             his
             Regal
             Office
             in
             England
             ,
             and
             to
             indempnifie
             all
             those
             that
             had
             been
             Actors
             in
             the
             late
             Differences
             and
             Wars
             ,
             (
             as
             in
             the
             said
             Declaration
             doth
             appear
             )
             I
             resolved
             ,
             not
             to
             avoid
             any
             publick
             question
             ,
             (
             if
             called
             thereto
             )
             as
             relying
             on
             mine
             own
             Innocency
             and
             his
             Majesties
             declared
             Favour
             ,
             as
             beforesaid
             .
             And
             for
             the
             future
             I
             determined
             to
             demean
             my self
             with
             that
             inoffensiveness
             and
             agreeableness
             to
             my
             duty
             ,
             as
             to
             give
             no
             just
             matter
             of
             new
             provocation
             to
             his
             Majesty
             in
             his
             Government
             .
             All
             this
             on
             my
             part
             ,
             hath
             been
             punctually
             observed
             ,
             whatever
             my
             sufferings
             have
             been
             .
             Nor
             am
             I
             willing
             ,
             in
             the
             least
             ,
             to
             harbour
             any
             discouraging
             thoughts
             in
             my
             mind
             ,
             as
             to
             his
             Majesties
             Generosity
             and
             Favour
             towards
             me
             ,
             who
             have
             been
             faithfull
             to
             the
             Trust
             I
             was
             engaged
             in
             ,
             without
             any
             malicious
             intentions
             against
             his
             Majesty
             ,
             his
             Crown
             or
             Dignity
             ,
             as
             before
             hath
             been
             shewed
             .
             And
             I
             am
             desirous
             for
             the
             future
             ,
             to
             walk
             peaceably
             and
             blamelesly
             .
          
           
             Whatever
             therefore
             my
             personal
             sufferings
             have
             been
             ,
             since
             his
             Majesties
             Restoration
             ,
             I
             rather
             impute
             them
             to
             the
             false
             reports
             and
             calumnies
             of
             mine
             enemies
             and
             misjudgers
             of
             my
             actions
             ,
             than
             reckon
             them
             as
             any
             thing
             that
             hath
             proceeded
             from
             his
             Majesties
             proper
             inclination
             ,
             whose
             favour
             and
             clemency
             I
             have
             had
             just
             reason
             with
             all
             humility
             to
             acknowledge
             .
          
           
             First
             ,
             with
             regard
             to
             his
             Majesties
             Speech
             made
             the
             27th
             of
             July
             ,
             1660
             ,
             in
             the
             House
             of
             Peers
             ,
             wherein
             his
             Majesty
             expresly
             declared
             it
             to
             be
             no
             intention
             of
             his
             ,
             that
             a
             person
             under
             my
             circumstances
             should
             be
             excepted
             out
             of
             the
             
               Act
               of
               Indempnity
            
             ,
             either
             for
             Life
             or
             Estate
             .
          
           
             And
             ,
             secondly
             ,
             however
             it
             was
             the
             Parliaments
             pleasure
             (
             my
             self
             unheard
             ,
             though
             then
             in
             the
             Tower
             ,
             and
             ready
             to
             have
             been
             brought
             before
             them
             )
             to
             except
             me
             out
             of
             the
             common
             Indempnity
             ,
             and
             subject
             me
             to
             question
             for
             my
             actions
             ,
             yet
             they
             themselves
             ,
             of
             their
             own
             accord
             (
             admitting
             the
             possibility
             that
             in
             such
             questioning
             of
             me
             ,
             I
             might
             be
             attainted
             )
             made
             it
             their
             humble
             desire
             to
             his
             Majesty
             ,
             that
             in
             such
             case
             ,
             Execution
             ,
             as
             to
             my
             Life
             ,
             might
             be
             remitted
             .
             Unto
             this
             his
             Majesty
             
             readily
             gave
             his
             Grant
             and
             Assent
             .
             And
             I
             do
             firmly
             believe
             ,
             if
             the
             Houses
             had
             pleased
             to
             give
             me
             the
             opportunity
             and
             leave
             of
             being
             heard
             ,
             they
             would
             never
             have
             denied
             me
             the
             Indempnity
             granted
             to
             the
             rest
             of
             the
             Nation
             .
          
           
             That
             which
             remains
             of
             further
             Charge
             yet
             to
             me
             ,
             is
             the
             business
             of
             a
             Regiment
             ,
             an
             imployment
             ,
             which
             I
             can
             in
             truth
             affirm
             ,
             mine
             own
             inclinations
             ,
             nature
             and
             breeding
             little
             fitted
             me
             for
             ,
             and
             which
             was
             intended
             onely
             as
             honorary
             and
             titular
             ,
             with
             relation
             to
             Volunteers
             ,
             who
             ,
             by
             their
             application
             to
             the
             Council
             of
             State
             ,
             in
             a
             time
             of
             great
             Commotions
             ,
             did
             propound
             their
             own
             Officers
             ,
             and
             (
             without
             any
             seeking
             of
             mine
             ,
             or
             my
             considering
             any
             farther
             of
             it
             ,
             than
             as
             the
             use
             of
             my
             Name
             )
             did
             (
             among
             others
             )
             nominate
             me
             for
             a
             Colonel
             ,
             which
             the
             Council
             of
             State
             approved
             ,
             granting
             Commissions
             to
             my self
             and
             all
             other
             Officers
             relating
             thereunto
             .
             And
             the
             Parliament
             confirmed
             my
             said
             Commission
             ,
             upon
             report
             thereof
             made
             to
             them
             .
          
           
             This
             will
             appear
             by
             several
             Witnesses
             I
             have
             to
             produce
             in
             this
             matter
             ,
             that
             will
             be
             able
             to
             affirm
             ,
             how
             little
             I
             took
             upon
             me
             ,
             or
             at
             all
             ,
             to
             give
             any
             Orders
             ,
             or
             make
             use
             of
             such
             my
             Commission
             ,
             any
             otherwise
             than
             in
             name
             only
             .
          
           
             'T
             is
             true
             indeed
             ,
             that
             at
             a
             certain
             time
             ,
             when
             I
             was
             summoned
             to
             appear
             at
             the
             Committee
             of
             the
             Militia
             in
             Southwark
             ,
             whereof
             I
             was
             a
             Member
             ;
             That
             which
             was
             called
             my
             own
             Company
             of
             Foot
             (
             from
             the
             respect
             which
             they
             and
             their
             Officers
             pretended
             to
             me
             )
             were
             desirous
             to
             be
             in
             a
             posture
             ,
             fit
             for
             me
             to
             see
             them
             ,
             and
             as
             I
             passed
             by
             ,
             I
             took
             the
             opportunity
             at
             their
             desire
             to
             shew
             my self
             to
             them
             ,
             and
             only
             (
             as
             taking
             notice
             of
             their
             respect
             )
             in
             some
             few
             words
             ,
             expressing
             the
             reason
             I
             had
             to
             receive
             it
             in
             good
             part
             ,
             I
             told
             them
             I
             would
             no
             longer
             detain
             them
             from
             their
             other
             occasions
             .
             After
             I
             was
             gone
             from
             them
             ,
             I
             appointed
             my
             Capt.
             Lieutenant
             to
             give
             them
             from
             me
             something
             to
             drink
             ,
             as
             might
             be
             fitting
             on
             such
             an
             occasion
             ,
             which
             ,
             to
             my
             best
             remembrance
             was
             five
             pounds
             ,
             and
             he
             laid
             it
             out
             of
             his
             own
             money
             .
          
           
             More
             than
             this
             (
             as
             I
             remember
             )
             was
             not
             done
             by
             me
             ,
             so
             much
             as
             to
             the
             seeing
             any
             more
             ,
             the
             Companies
             of
             that
             Regiment
             gathered
             together
             ,
             or
             giving
             Orders
             to
             them
             ,
             which
             I
             publickly
             and
             avowedly
             declined
             ,
             perswading
             the
             Officers
             to
             lay
             down
             their
             Charges
             ,
             in
             mine
             own
             example
             ,
             so
             soon
             as
             I
             discern'd
             the
             intentions
             of
             the
             sitting
             down
             of
             the
             
               Committee
               of
               Safety
            
             ,
             and
             the
             exorbitant
             power
             committed
             to
             them
             to
             exercise
             ,
             and
             the
             way
             of
             proceedings
             by
             the
             Army
             ,
             in
             interesting
             themselves
             in
             the
             Civil
             Government
             of
             the
             Nation
             ,
             which
             I
             utterly
             disliked
             .
          
           
           
             And
             although
             I
             forbore
             not
             to
             keep
             my
             station
             ,
             in
             reference
             to
             the
             Council
             of
             State
             while
             they
             sate
             ,
             or
             as
             a
             Commissioner
             of
             the
             Admiralty
             ,
             during
             the
             time
             by
             them
             appointed
             to
             act
             by
             Parliamentary
             Authority
             ;
             and
             so
             ,
             had
             occasion
             to
             be
             daily
             conversant
             with
             the
             Members
             of
             the
             
               Committee
               of
               Safety
            
             ,
             (
             whereof
             my self
             ,
             with
             others
             that
             would
             not
             accept
             ,
             were
             named
             )
             yet
             I
             perfectly
             kept
             my self
             dis-interested
             from
             all
             those
             Actings
             of
             the
             Army
             ,
             as
             to
             any
             Consent
             or
             Approbation
             of
             mine
             ,
             (
             however
             in
             many
             things
             by
             way
             of
             discourse
             ,
             I
             did
             not
             decline
             converse
             with
             them
             )
             holding
             it
             my
             duty
             ,
             to
             penetrate
             as
             far
             as
             I
             could
             into
             their
             true
             Intentions
             and
             Actions
             ,
             but
             resolving
             within
             my self
             to
             hold
             true
             to
             my
             Parliamentary
             Trust
             ,
             in
             all
             things
             wherein
             the
             Parliament
             appeared
             to
             me
             to
             act
             for
             the
             safety
             and
             good
             of
             the
             Kingdom
             ,
             however
             I
             was
             mis-interpreted
             and
             judged
             by
             them
             ,
             as
             one
             that
             rather
             favoured
             some
             of
             the
             Army
             and
             their
             power
             .
          
           
             Upon
             the
             whole
             matter
             ,
             There
             is
             not
             any
             precedent
             ,
             that
             ever
             both
             or
             either
             of
             the
             Houses
             of
             Parliament
             did
             commit
             Treason
             .
             For
             though
             Priviledge
             of
             Parliament
             does
             not
             so
             hold
             in
             Treason
             ,
             but
             that
             particular
             Members
             may
             be
             punished
             for
             it
             ,
             yet
             it
             is
             unprecedented
             ,
             That
             both
             or
             either
             Houses
             of
             Parliament
             ,
             as
             a
             collective
             Body
             ,
             ever
             did
             or
             could
             commit
             Treason
             .
          
           
             All
             the
             Acts
             done
             in
             Parliaments
             ,
             have
             been
             reversed
             indeed
             ,
             and
             repealed
             ,
             as
             what
             was
             done
             11.
             
             Ric.
             2.
             was
             repealed
             ,
             21.
             
             Ric.
             2
             ;
             and
             what
             was
             done
             21.
             
             Ric.
             2.
             was
             repealed
             1
             Hen.
             4.
             3
             ;
             as
             appears
             by
             the
             printed
             Statutes
             .
             Yet
             I
             do
             not
             find
             ,
             that
             both
             or
             either
             House
             of
             Parliament
             were
             declared
             Traitors
             for
             what
             they
             did
             in
             those
             Parliaments
             ;
             Or
             that
             any
             which
             acted
             under
             them
             ,
             suffered
             for
             the
             same
             in
             any
             inferiour
             Courts
             .
             And
             surely
             ,
             the
             reason
             is
             obvious
             :
             For
             they
             had
             a
             co-ordinacy
             in
             the
             Supream
             or
             Legislative
             Power
             ,
             for
             the
             making
             ,
             altering
             and
             repealing
             Laws
             .
             And
             if
             so
             ,
             
               Par
               in
               parem
               non
               habet
               imperium
            
             ;
             and
             by
             authorities
             out
             of
             
               Bracton
               ,
               Fleta
            
             ,
             and
             others
             ,
             it
             may
             appear
             what
             Superiours
             the
             King
             himself
             hath
             ,
             (
             who
             yet
             hath
             no
             Peer
             in
             his
             Kingdom
             ,
             
               nisi
               Curium
               Baronum
            
             )
             God
             ,
             Law
             ,
             and
             Parliament
             .
          
           
             And
             if
             either
             or
             both
             Houses
             cannot
             commit
             Treason
             .
             Then
             those
             that
             act
             by
             their
             Authority
             ,
             cannot
             :
             For
             ,
             
               plus
               peccat
               Author
               quam
               Actor
            
             ,
             the
             Author
             offends
             more
             than
             the
             Actor
             .
             If
             those
             that
             command
             ,
             do
             not
             ,
             not
             can
             commit
             Treason
             ,
             how
             can
             those
             that
             act
             by
             their
             Authority
             ,
             be
             guilty
             of
             it
             ?
          
           
             Further
             ,
             I
             must
             crave
             leave
             to
             assert
             ,
             by
             reason
             of
             what
             I
             see
             opened
             upon
             the
             Evidence
             ;
             That
             what
             is
             done
             in
             Parliament
             ,
             or
             by
             their
             
             Authority
             ,
             ought
             not
             to
             be
             questioned
             in
             any
             other
             Court.
             For
             every
             offence
             committed
             in
             any
             Court
             ,
             must
             be
             punished
             in
             the
             same
             ,
             or
             in
             some
             higher
             ,
             and
             not
             any
             inferiour
             Court.
             Now
             ,
             the
             Court
             of
             Parliament
             hath
             no
             superiour
             Court
             ,
             as
             is
             said
             in
             Cook
             's
             Jurisdiction
             of
             Courts
             .
             And
             the
             reason
             there
             given
             ,
             that
             Judges
             ought
             not
             to
             give
             any
             opinion
             in
             a
             matter
             of
             Parliament
             ,
             is
             ,
             because
             it
             is
             not
             to
             be
             decided
             by
             the
             Common
             Laws
             ,
             but
             
               secundum
               Legem
               &
               Consuetudinem
               Parliamenti
            
             .
             This
             ,
             the
             Judges
             in
             divers
             Parliaments
             have
             confessed
             .
             And
             that
             reason
             is
             not
             to
             be
             waved
             ,
             which
             the
             Lord
             Cook
             gives
             :
             That
             a
             man
             can
             make
             no
             defence
             ;
             for
             what
             is
             said
             and
             acted
             there
             ,
             is
             done
             in
             Council
             ,
             and
             none
             ought
             to
             reveal
             the
             secrets
             of
             the
             House
             :
             Every
             Member
             hath
             a
             Judicial
             Voice
             ,
             and
             can
             be
             no
             Witness
             .
          
           
             The
             main
             substance
             of
             these
             Papers
             was
             read
             and
             enlarged
             upon
             by
             the
             Prisoner
             ,
             this
             day
             of
             his
             Tryal
             .
             He
             was
             often
             interrupted
             ,
             but
             his
             memory
             was
             still
             relieved
             by
             his
             Papers
             ,
             so
             as
             after
             whatever
             diversions
             caused
             by
             the
             Court
             or
             Counsel
             ,
             he
             could
             recover
             himself
             again
             ,
             and
             proceed
             .
             Yet
             the
             edge
             and
             force
             of
             his
             Plea
             ,
             as
             to
             the
             influencing
             of
             the
             Jurors
             Consciences
             ,
             may
             appear
             to
             have
             been
             much
             abated
             by
             such
             interruptions
             ,
             as
             doubtless
             was
             intended
             ,
             and
             will
             more
             at
             large
             appear
             ,
             when
             it
             shall
             please
             God
             to
             afford
             us
             a
             full
             Narrative
             of
             the
             Proceedings
             of
             the
             King's
             Judges
             ,
             Counsel
             and
             Jurors
             about
             him
             ,
             and
             of
             all
             that
             he
             occasionally
             said
             ,
             upon
             the
             digressions
             by
             them
             caused
             .
          
        
         
           
             Wednesday
             
               June
               11.
               
            
             being
             the
             Sentence-day
             .
          
           
             AFter
             some
             little
             skirmishings
             with
             the
             Prisoner
             ,
             to
             dash
             all
             the
             humane
             weapons
             of
             Law
             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-day
             ,
             then
             to
             admit
             the
             Juries
             Verdict
             on
             his
             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
             Parliament
             ,
             he
             desired
             he
             might
             have
             Counsel
             assigned
             him
             ,
             to
             argue
             them
             before
             their
             Lordships
             .
             Some
             of
             these
             points
             he
             instanced
             in
             ,
             to
             wit
             ,
          
           
             1.
             
             Whether
             a
             Parliament
             were
             accountable
             to
             any
             inferiour
             Court
             ?
          
           
             2.
             
             Whether
             the
             King
             ,
             being
             out
             of
             possession
             ,
             and
             the
             Power
             Regent
             in
             others
             —
          
           
             Here
             they
             stopt
             him
             ,
             not
             suffering
             him
             to
             proceed
             ,
             nor
             admitting
             that
             the
             King
             was
             ever
             out
             of
             possession
             .
             To
             which
             Sir
             Henry
             replied
             ,
             The
             words
             of
             his
             Indictment
             ran
             thus
             ,
             
               that
               he
               endeavoured
               to
               keep
               out
               his
               Majesty
            
             ;
             and
             how
             could
             he
             keep
             him
             out
             of
             the
             Realm
             ,
             if
             he
             were
             not
             out
             ?
          
           
             But
             when
             he
             saw
             they
             would
             over-rule
             him
             in
             all
             ,
             and
             were
             bent
             upon
             his
             Condemnation
             ,
             he
             put
             up
             his
             Papers
             ,
             appealing
             to
             the
             Righteous
             Judgment
             of
             God
             ,
             who
             (
             he
             told
             them
             )
             must
             judge
             them
             as
             well
             as
             him
             ,
             often
             expressing
             his
             satisfaction
             to
             die
             upon
             this
             Testimony
             ;
             which
             Keeling
             ,
             one
             of
             the
             King's
             Counsel
             ,
             insultingly
             answered
             ,
             
               So
               you
               may
               ,
               Sir
               ,
               in
               good
               time
               ,
               by
               the
               grace
               of
               God.
            
             The
             same
             person
             had
             often
             before
             shewed
             a
             very
             snappish
             property
             towards
             the
             Prisoner
             ;
             and
             Sir
             Henry
             sometimes
             answered
             him
             according
             to
             his
             folly
             :
             For
             when
             he
             would
             have
             had
             the
             Book
             out
             of
             the
             Prisoner's
             hand
             ,
             wherein
             was
             the
             Statute
             of
             
               Westminster
               2d.
            
             31.
             
          
           
             Sir
             Henry
             told
             him
             ,
             
               he
               had
               a
               very
               officious
               Memory
               ,
               and
               when
               he
               was
               of
               Counsel
               for
               him
               ,
               he
               would
               find
               him
               Books
               .
            
             (
             Whereby
             was
             verified
             
             what
             was
             said
             to
             be
             spoken
             by
             him
             ,
             at
             first
             ,
             in
             answer
             to
             one
             of
             his
             Brethren
             ,
             on
             the
             Arraignment
             day
             ,
             
               Though
               we
               know
               not
               what
               to
               say
               to
               him
               ,
               we
               know
               what
               to
               do
               with
               him
            
             )
          
           
             After
             Sentence
             given
             ,
             Chief
             Justice
             Forster
             endeavoured
             to
             take
             off
             the
             King
             from
             any
             Obligation
             by
             that
             Grant
             to
             the
             Petition
             of
             both
             Houses
             ,
             saying
             ,
             
               That
               God
               ,
               though
               full
               of
               mercy
               ,
               yet
               intended
               his
               mercy
               only
               to
               the
               penitent
               .
            
          
        
         
           
             Reasons
             for
             an
             Arrest
             of
             Judgment
             :
             writ
             by
             the
             Prisoner
             ,
             but
             refused
             to
             be
             heard
             by
             the
             Court.
             
          
           
             I.
             I
             Have
             been
             denied
             so
             much
             as
             to
             hear
             the
             Indictment
             read
             in
             Latine
             ,
             as
             it
             is
             the
             Original
             Record
             of
             the
             Court
             ;
             yea
             ,
             so
             much
             as
             a
             Copy
             of
             it
             in
             English
             hath
             been
             denied
             me
             ,
             during
             the
             whole
             time
             of
             my
             Tryal
             ,
             by
             the
             fight
             whereof
             I
             might
             be
             able
             to
             assign
             the
             defects
             of
             Law
             that
             may
             be
             in
             it
             .
          
           
             Counsel
             also
             hath
             been
             denied
             ,
             not
             only
             before
             I
             pleaded
             ,
             but
             after
             ;
             and
             all
             points
             by
             me
             offered
             in
             Law
             ,
             to
             the
             Judges
             of
             the
             Court
             ,
             have
             been
             over-ruled
             ,
             without
             admitting
             me
             Counsel
             to
             argue
             the
             same
             ,
             and
             better
             inform
             the
             Judgment
             of
             the
             Court.
             I
             have
             demanded
             ,
             that
             I
             might
             put
             in
             a
             Bill
             of
             Exceptions
             ,
             upon
             the
             Statute
             of
             
               Westminst
               .
               2d.
               cap.
            
             31.
             
             This
             likewise
             is
             denied
             me
             ,
             over-ruled
             and
             judged
             ,
             as
             out
             of
             that
             Statute
             .
             Neither
             will
             Counsel
             be
             allowed
             me
             in
             this
             ,
             to
             shew
             cause
             ,
             why
             it
             ought
             to
             be
             admitted
             as
             of
             Right
             .
             And
             as
             no
             Counsel
             was
             allowed
             ,
             so
             neither
             were
             the
             Judges
             Counsel
             to
             me
             ,
             as
             they
             said
             themselves
             ,
             they
             would
             ,
             and
             ought
             to
             be
             ,
             but
             rather
             suffered
             me
             to
             wrong
             and
             prejudice
             my self
             ,
             some
             of
             them
             saying
             ,
             
               Let
               him
               go
               on
               ,
               the
               worst
               will
               be
               his
               own
               at
               last
               .
            
             And
             they
             neither
             checked
             nor
             restrained
             the
             King's
             Counsel
             ,
             in
             their
             high
             and
             irritating
             expressions
             to
             the
             Jury
             ,
             to
             find
             me
             guilty
             ,
             One
             of
             whom
             were
             seen
             to
             speak
             privately
             with
             the
             Foreman
             of
             the
             Jury
             ,
             immediately
             before
             the
             Jurors
             went
             from
             the
             Bar
             ,
             after
             he
             had
             spoken
             openly
             ,
             
               That
               the
               Prisoner
               was
               to
               be
               made
               a
               publick
               Sacrifice
               ,
               in
               reference
               to
               the
               Actions
               done
               against
               his
               Majesty
               that
               now
               is
               .
            
          
           
             All
             this
             is
             very
             far
             from
             that
             Indifferency
             in
             Tryal
             ,
             and
             from
             that
             Equality
             which
             the
             Law
             requires
             ,
             and
             they
             are
             bound
             by
             their
             Oath
             to
             afford
             me
             ;
             besides
             the
             undue
             proceedings
             in
             the
             business
             of
             the
             Petty
             Jury
             .
             A
             List
             of
             forty
             eight
             persons
             was
             presented
             to
             me
             ,
             who
             being
             to
             me
             unknown
             ,
             and
             no
             time
             allowed
             me
             to
             gain
             any
             knowledge
             
             of
             them
             ,
             though
             I
             was
             permitted
             to
             challenge
             and
             refuse
             three
             Juries
             ,
             without
             shewing
             cause
             ,
             yet
             could
             not
             that
             refusal
             be
             upon
             such
             rational
             grounds
             as
             the
             Law
             supposes
             ,
             which
             doubtless
             intends
             substantial
             relief
             to
             the
             Prisoner
             ,
             in
             allowing
             him
             the
             liberty
             of
             such
             refusal
             :
             whereas
             ,
             through
             my
             ignorance
             of
             the
             persons
             ,
             I
             might
             refuse
             the
             best
             ,
             and
             chuse
             the
             worst
             ,
             as
             to
             my
             safety
             .
             And
             then
             ,
             whereas
             the
             Law
             further
             allows
             me
             the
             refusal
             of
             any
             other
             beyond
             the
             thirty
             five
             ,
             on
             just
             and
             exceptionable
             cause
             shewen
             ;
             what
             just
             exception
             was
             I
             capable
             to
             alledge
             in
             a
             sudden
             hurry
             ,
             against
             persons
             to
             me
             altogether
             unknown
             ,
             unless
             it
             would
             be
             taken
             for
             a
             just
             one
             ,
             that
             they
             were
             unknown
             to
             me
             ?
          
           
             All
             these
             things
             ,
             being
             so
             contrary
             to
             the
             Right
             which
             the
             Judges
             stand
             obliged
             to
             do
             to
             every
             one
             ,
             as
             they
             are
             for
             that
             purpose
             entrusted
             by
             God
             and
             the
             King
             ,
             is
             just
             cause
             for
             an
             
               Arrest
               of
               Judgment
            
             ;
             and
             a
             good
             Reason
             why
             they
             should
             yet
             at
             length
             allow
             me
             a
             Copy
             of
             the
             Indictment
             ,
             and
             assign
             Counsel
             to
             argue
             for
             the
             Prisoner
             ,
             against
             the
             defects
             in
             Law
             that
             may
             be
             found
             therein
             .
             Without
             this
             ,
             Law
             is
             denied
             me
             ,
             which
             is
             my
             Birthright
             and
             Inheritance
             ;
             the
             best
             Birthright
             the
             Subject
             hath
             ,
             sayes
             Cook
             on
             
               Mag.
               Charta
            
             ,
             for
             thereby
             (
             sayes
             he
             )
             his
             Goods
             ,
             Lands
             ,
             Wife
             ,
             Children
             ,
             his
             Body
             ,
             Life
             ,
             Honour
             and
             Estimation
             are
             protected
             from
             injury
             .
             The
             Life
             ,
             Birthright
             or
             Inheritance
             we
             have
             from
             our
             parents
             ,
             may
             soon
             be
             gone
             ,
             if
             this
             Fence
             thereof
             be
             broken
             down
             .
             How
             great
             a
             wrong
             then
             it
             is
             for
             the
             Court
             to
             withhold
             it
             from
             me
             ,
             is
             manifest
             .
             Are
             they
             not
             therefore
             in
             effect
             ,
             chargeable
             with
             my
             Blood
             ,
             by
             such
             unequal
             Proceedings
             as
             I
             have
             had
             in
             my
             Tryal
             ?
          
           
             II.
             My
             second
             Reason
             for
             an
             
               Arrest
               of
               Judgment
            
             ,
             is
             drawn
             from
             the
             Issue
             that
             is
             joyned
             in
             my
             Case
             ,
             which
             seems
             to
             depend
             chiefly
             upon
             matter
             of
             Law
             ,
             and
             that
             in
             such
             tender
             and
             high
             points
             ,
             as
             are
             only
             determinable
             in
             the
             high
             Court
             of
             Parliament
             .
          
           
             For
             it
             is
             become
             the
             question
             ,
             Whether
             I
             am
             guilty
             ,
             or
             not
             guilty
             ,
             according
             as
             these
             Propositions
             following
             ,
             are
             truly
             or
             erroneously
             resolved
             ?
          
           
             1.
             
             Whether
             the
             Parliament
             ,
             that
             began
             Novemb.
             3.
             1640
             ,
             were
             dissolved
             by
             the
             King's
             Death
             ?
             and
             whether
             this
             Court
             may
             judge
             things
             done
             in
             Parliament
             ?
          
           
             2.
             
             Whether
             the
             Powers
             regnant
             ,
             and
             
               de
               facto
            
             ,
             that
             successively
             were
             in
             being
             ,
             from
             Jan.
             30.
             1648
             ,
             to
             Decemb.
             20
             ,
             1659
             ,
             were
             such
             Powers
             
               de
               facto
            
             ,
             as
             are
             the
             King
             ,
             or
             
               Seigneur
               le
               Roy
            
             ,
             within
             the
             purview
             of
             the
             Stat.
             25.
             
             Ed.
             3.
             having
             the
             exercise
             of
             Regal
             Power
             in
             all
             the
             particulars
             of
             it
             ,
             though
             not
             the
             name
             ?
          
           
           
             3.
             
             Whether
             during
             that
             time
             fore-mentioned
             ,
             his
             Majesty
             that
             now
             is
             ,
             were
             properly
             King
             
               de
               facto
            
             ?
             or
             whether
             he
             were
             not
             out
             of
             possession
             ,
             and
             without
             all
             exercise
             of
             his
             Regal
             Authority
             within
             the
             Realm
             ?
          
           
             4.
             
             Whether
             the
             Case
             now
             in
             question
             ,
             be
             a
             Treason
             literally
             within
             the
             words
             of
             the
             Statute
             ,
             25.
             
             Ed.
             3.
             or
             at
             most
             ,
             any
             other
             ,
             than
             an
             interpretative
             and
             new
             Treason
             ,
             not
             declared
             before
             the
             very
             time
             of
             my
             Tryal
             ;
             and
             that
             only
             by
             the
             Judgment
             of
             the
             Court
             ,
             or
             opinion
             of
             my
             Judges
             ,
             eleven
             years
             after
             some
             of
             the
             things
             charged
             on
             me
             ,
             are
             alledged
             to
             have
             been
             committed
             ?
          
           
             
               As
               to
               the
               first
               of
               these
               ;
               The
               Act
               for
               Continuance
               of
               the
            
             Long
             Parliament
             ,
             
               is
               express
            
             ;
             That
             all
             and
             every
             thing
             or
             things
             whatsoever
             ,
             done
             or
             to
             be
             done
             ,
             for
             the
             Adjournment
             ,
             Proroguing
             or
             Dissolving
             of
             that
             Parliament
             ,
             contrary
             to
             that
             Act
             ,
             shall
             be
             utterly
             void
             and
             of
             none
             effect
             .
             
               I
               then
               thus
               argue
            
             ;
          
           
             The
             Judges
             do
             upon
             occasion
             of
             this
             Tryal
             ,
             resolve
             ,
             That
             the
             King's
             Death
             dissolv'd
             that
             Parliament
             .
             No
             Act
             of
             Parliament
             hath
             yet
             declared
             it
             to
             be
             so
             ;
             and
             the
             Judges
             ought
             to
             have
             some
             Law
             for
             their
             guide
             ,
             as
             Cook
             well
             sayes
             .
             To
             be
             sure
             ,
             if
             in
             process
             of
             time
             ,
             the
             Parliament
             shall
             expresly
             declare
             ,
             That
             not
             the
             King's
             Death
             ,
             but
             the
             Act
             for
             the
             Dissolution
             of
             that
             Parliament
             ,
             did
             dissolve
             it
             ;
             In
             such
             case
             ,
             these
             Judges
             Resolution
             by
             vertue
             of
             such
             Act
             ,
             is
             absolutely
             void
             .
             But
             innocent
             Blood
             in
             the
             mean
             time
             may
             be
             shed
             ,
             and
             an
             Estate
             wrongfully
             taken
             away
             .
             And
             in
             case
             what
             the
             Judges
             assert
             herein
             ,
             were
             Law
             ,
             't
             is
             Law
             not
             known
             or
             declared
             till
             many
             years
             after
             the
             Fact
             committed
             .
             At
             this
             rate
             ,
             who
             is
             secure
             of
             Estate
             or
             Life
             ?
          
           
             As
             to
             the
             second
             and
             third
             Queries
             or
             Propositions
             ;
             It
             does
             appear
             out
             of
             the
             third
             part
             of
             
               Cook
               's
               Institutes
            
             ,
             fol.
             7.
             and
             the
             Statute
             ,
             11.
             
             
               Hen.
               7.
               cap.
            
             1.
             
             That
             Actings
             for
             the
             King
             in
             Fact
             ,
             are
             not
             to
             be
             questioned
             by
             the
             King
             in
             Right
             .
             If
             it
             be
             said
             ,
             That
             there
             was
             no
             King
             in
             this
             case
             ;
             it
             may
             be
             replied
             ,
             That
             they
             who
             had
             the
             Power
             and
             Exercise
             of
             the
             Royal
             Jurisdiction
             ,
             as
             to
             Peace
             and
             War
             ,
             Coynage
             of
             Money
             ,
             power
             of
             Life
             and
             Death
             ,
             &c.
             which
             are
             the
             highest
             Ensigns
             of
             Regal
             Authority
             ,
             must
             needs
             be
             the
             Powers
             regnant
             ,
             though
             not
             under
             the
             name
             of
             King
             ,
             and
             are
             within
             the
             Statute
             ,
             25.
             
             
               Edw.
               3.
               cap.
            
             2.
             as
             a
             Queen
             also
             is
             adjudged
             ,
             and
             any
             sovereign
             Prince
             ,
             though
             under
             the
             title
             only
             of
             Lord
             ,
             as
             was
             the
             case
             of
             Ireland
             ,
             before
             it
             was
             a
             Kingdom
             .
             And
             if
             so
             ,
             why
             not
             in
             more
             such
             persons
             as
             well
             as
             one
             ,
             that
             
               de
               facto
            
             exercise
             the
             Royal
             Power
             and
             Sovereign
             Authority
             ,
             under
             what
             name
             or
             title
             soever
             ?
             If
             upon
             this
             Nicety
             ,
             Judgment
             be
             
             given
             against
             me
             ,
             because
             the
             Powers
             regnant
             wanted
             the
             name
             and
             formality
             of
             a
             King
             ,
             I
             shall
             doubtless
             have
             very
             hard
             measure
             .
             For
             the
             reason
             and
             equity
             is
             the
             same
             ,
             if
             the
             Powers
             regnant
             had
             the
             thing
             ,
             though
             not
             the
             Title
             .
             And
             where
             there
             is
             the
             same
             Reason
             ,
             there
             is
             the
             same
             Law
             ,
             as
             is
             a
             known
             Rule
             .
             Now
             there
             is
             the
             same
             Reason
             the
             Subject
             should
             be
             equally
             indempnified
             ,
             that
             acteth
             under
             any
             Sovereign
             Authority
             that
             hath
             not
             the
             name
             of
             a
             King
             ,
             as
             if
             it
             had
             .
             If
             there
             had
             been
             many
             Kings
             ,
             as
             a
             Heptarchy
             hath
             been
             in
             England
             heretofore
             ,
             those
             would
             have
             been
             understood
             to
             be
             within
             the
             Statute
             ;
             and
             the
             reason
             and
             equity
             of
             the
             Statute
             is
             the
             same
             in
             all
             cases
             .
             For
             the
             Law
             is
             made
             for
             the
             benefit
             and
             security
             of
             the
             Subject
             ,
             whom
             the
             Law
             requires
             not
             to
             examine
             the
             right
             of
             Soveraignty
             .
             Nor
             is
             the
             danger
             less
             under
             one
             Government
             than
             another
             .
          
           
             The
             Statute
             is
             ,
             for
             securing
             the
             Subject
             from
             all
             dormant
             Titles
             ,
             that
             they
             may
             safely
             pay
             their
             Allegiance
             when
             they
             receive
             Protection
             ,
             and
             that
             they
             may
             not
             be
             in
             danger
             of
             being
             destroyed
             by
             two
             Powers
             at
             the
             same
             time
             .
             For
             that
             Power
             which
             is
             supream
             and
             
               de
               facto
            
             ,
             will
             be
             obeyed
             ,
             and
             make
             it
             Treason
             to
             do
             otherwise
             ,
             be
             it
             right
             or
             wrong
             .
             And
             if
             the
             Subject
             be
             at
             the
             same
             time
             in
             danger
             of
             committing
             Treason
             against
             the
             Power
             
               de
               jure
            
             ,
             then
             is
             he
             in
             a
             miserable
             condition
             and
             state
             of
             unavoidable
             necessity
             ,
             which
             is
             provided
             against
             by
             the
             Laws
             of
             the
             Land.
             Otherwise
             ,
             if
             he
             be
             loyal
             to
             the
             King
             
               de
               jure
            
             ,
             he
             shall
             be
             hanged
             by
             the
             King
             
               de
               facto
            
             ;
             and
             if
             he
             be
             faithful
             to
             the
             King
             
               de
               facto
            
             ,
             he
             shall
             die
             by
             the
             King
             
               de
               jure
            
             ,
             when
             he
             recovers
             possession
             .
          
           
             Against
             this
             it
             was
             ,
             that
             the
             Statute
             of
             11.
             
             Hen.
             7.
             was
             provided
             ,
             in
             the
             difference
             betwixt
             the
             two
             houses
             of
             York
             and
             Lancaster
             .
             My
             Case
             is
             either
             the
             same
             with
             that
             ,
             and
             then
             I
             desire
             the
             benefit
             of
             that
             Statute
             ;
             or
             else
             ,
             it
             is
             new
             ,
             and
             then
             I
             desire
             ,
             as
             is
             provided
             ,
             25.
             
             Ed.
             3.
             that
             it
             be
             referred
             to
             the
             Parliament
             .
             So
             that
             it
             is
             either
             within
             the
             Equity
             of
             the
             Statute
             ,
             11.
             
             Hen.
             7.
             or
             else
             it
             is
             a
             new
             Case
             ,
             and
             not
             to
             be
             judged
             by
             this
             Court.
             
          
           
             If
             the
             Judges
             in
             the
             Resolves
             by
             them
             delivered
             ,
             upon
             any
             of
             the
             particulars
             before-alledged
             ,
             have
             not
             declared
             that
             Law
             that
             ought
             to
             guide
             them
             ,
             but
             their
             particular
             Judgments
             or
             Opinions
             ,
             as
             undertaking
             to
             guide
             the
             Law
             ,
             and
             that
             in
             points
             of
             so
             grand
             concern
             as
             touch
             the
             Subjects
             Life
             ,
             in
             case
             their
             Judgments
             after
             should
             prove
             erroneous
             ,
             the
             Verdict
             given
             upon
             such
             Errors
             ,
             must
             needs
             be
             illegal
             and
             void
             .
             Judgment
             therefore
             ought
             to
             be
             suspended
             till
             such
             time
             as
             the
             truth
             and
             certainty
             of
             the
             Law
             may
             be
             fully
             argued
             and
             cleared
             ,
             and
             that
             ,
             in
             the
             proper
             Court
             for
             the
             hearing
             and
             judging
             of
             this
             Case
             .
             If
             this
             be
             
             not
             done
             ,
             but
             I
             be
             forthwith
             proceeded
             against
             (
             notwithstanding
             any
             thing
             however
             rationally
             or
             legally
             alledged
             to
             the
             contrary
             )
             by
             such
             undue
             precipitation
             and
             giving
             Sentence
             ,
             I
             am
             (
             contrary
             to
             
               Magna
               Charta
            
             ,
             or
             Law
             of
             the
             Land
             )
             run
             upon
             and
             destroyed
             ,
             without
             due
             form
             and
             course
             of
             Law.
             And
             I
             am
             like
             to
             be
             deprived
             of
             Estate
             and
             Life
             upon
             no
             Law
             or
             certain
             Rule
             ,
             which
             was
             declared
             before
             the
             Fact
             ;
             no
             ,
             nor
             before
             the
             Tryal
             .
          
           
             Upon
             these
             Considerations
             ,
             I
             desire
             an
             
               Arrest
               of
               Judgment
            
             ,
             and
             that
             Counsel
             may
             be
             assigned
             me
             ,
             and
             competent
             time
             allowed
             to
             make
             good
             my
             Averrements
             .
          
           
             As
             an
             Argument
             to
             press
             this
             ,
             I
             desire
             leave
             of
             the
             Court
             ,
             That
             the
             Petition
             of
             the
             two
             Houses
             ,
             and
             the
             King's
             Assent
             to
             it
             ,
             may
             be
             read
             in
             open
             Court
             ,
             attested
             by
             one
             that
             is
             present
             ,
             who
             examined
             and
             compared
             it
             with
             the
             Book
             of
             Record
             in
             the
             Lords
             House
             ,
             by
             which
             it
             evidently
             appears
             ,
             that
             as
             well
             the
             King
             as
             both
             Houses
             of
             Parliament
             ,
             were
             agreed
             ,
             that
             admitting
             I
             were
             attainted
             ,
             yet
             Execution
             ,
             as
             to
             my
             Life
             ,
             should
             be
             remitted
             .
             And
             if
             so
             ,
             there
             is
             no
             cause
             to
             precipitate
             the
             passing
             Sentence
             ;
             especially
             ,
             when
             also
             such
             weighty
             points
             in
             the
             Law
             are
             yet
             to
             be
             argued
             and
             cleared
             ,
             unless
             the
             Judges
             will
             evidently
             charge
             themselves
             with
             my
             innocent
             Blood.
             
          
           
             III.
             My
             third
             Reason
             for
             an
             
               Arrest
               of
               Judgment
            
             ,
             is
             the
             manifest
             newness
             of
             this
             Case
             ,
             being
             such
             as
             never
             happened
             before
             in
             the
             Kingdom
             :
             which
             withal
             ,
             is
             of
             so
             vast
             a
             consequence
             to
             people
             of
             all
             sorts
             and
             conditions
             within
             this
             Realm
             ,
             as
             nothing
             more
             .
             And
             being
             so
             ,
             (
             as
             I
             doubt
             not
             with
             your
             Lordships
             patience
             I
             shall
             make
             it
             appear
             )
             It
             is
             the
             known
             Law
             ,
             witnessed
             by
             Bracton
             and
             antient
             approved
             Law-Books
             ;
             That
             in
             such
             Cases
             ,
             the
             Judges
             in
             the
             inferiour
             Courts
             ought
             not
             to
             proceed
             ,
             but
             bring
             it
             before
             the
             high
             Court
             of
             Parliament
             .
          
           
             To
             prove
             therefore
             the
             newness
             of
             this
             Case
             ,
             (
             besides
             what
             I
             have
             already
             alledged
             in
             my
             Defence
             ,
             before
             the
             Verdict
             )
             give
             me
             leave
             to
             adde
             that
             ,
             which
             yet
             further
             shews
             the
             newness
             and
             extraordinariness
             thereof
             .
             And
             I
             beseech
             your
             Lordships
             to
             let
             me
             go
             on
             without
             interruption
             ,
             in
             my
             endeavouring
             to
             make
             it
             out
             as
             clearly
             ,
             as
             God
             shall
             enable
             me
             ,
             and
             as
             briefly
             also
             ,
             not
             to
             spend
             too
             much
             of
             your
             time
             .
          
           
             In
             general
             ,
             I
             do
             affirm
             of
             this
             Case
             ;
             That
             it
             is
             so
             comprehensive
             ,
             as
             to
             take
             in
             the
             very
             Interests
             of
             Heaven
             and
             Earth
             :
             First
             ,
             Of
             God
             the
             Universal
             Soveraign
             and
             King
             of
             Kings
             ;
             Secondly
             ,
             That
             of
             earthly
             Soveraigns
             ,
             who
             are
             God's
             Vicegerents
             ;
             as
             also
             the
             Interests
             of
             all
             Mankind
             ,
             that
             stand
             in
             the
             relation
             of
             Subjects
             to
             the
             one
             or
             both
             those
             sorts
             of
             Soveraigns
             .
          
           
           
             This
             is
             general
             .
             More
             particularly
             ;
             within
             the
             bowels
             of
             this
             Case
             is
             that
             Cause
             of
             God
             ,
             that
             hath
             stated
             it self
             in
             the
             late
             Differnces
             and
             Wars
             ,
             that
             have
             happened
             and
             arisen
             within
             these
             three
             Nations
             ,
             and
             have
             been
             of
             more
             than
             twenty
             years
             continuance
             :
             which
             for
             the
             greater
             certainty
             and
             solemnity
             ,
             hath
             been
             recorded
             in
             the
             form
             of
             a
             
               National
               Covenant
            
             ,
             in
             which
             the
             generality
             of
             the
             three
             Nations
             have
             been
             either
             implicitly
             involved
             ,
             or
             expresly
             concern'd
             ,
             by
             the
             signing
             of
             their
             Names
             .
          
           
             The
             principal
             things
             contained
             in
             that
             Covenant
             ,
             were
             the
             known
             and
             commonly
             received
             Duties
             ,
             which
             either
             as
             Men
             or
             as
             Christians
             ,
             we
             owed
             and
             stood
             obliged
             to
             perform
             either
             to
             God
             ,
             the
             highest
             and
             universal
             King
             in
             Church
             and
             State
             ,
             or
             to
             our
             natural
             Lord
             and
             Sovereign
             ,
             the
             Kings
             of
             this
             Realm
             ,
             in
             subordination
             to
             God
             and
             his
             Laws
             .
          
           
             Again
             ,
             It
             contains
             as
             well
             the
             Duties
             which
             we
             owe
             to
             every
             particular
             and
             individual
             person
             ,
             in
             their
             several
             stations
             and
             callings
             ,
             as
             to
             the
             King
             in
             general
             ,
             and
             our
             Representative
             Body
             in
             Parliament
             assembled
             .
             These
             Duties
             we
             are
             thereby
             obliged
             to
             yeeld
             and
             perform
             ,
             in
             consistency
             with
             ,
             and
             in
             a
             just
             subordination
             and
             manifest
             agreeableness
             to
             ,
             the
             Laws
             of
             God
             ,
             as
             is
             therein
             expressed
             :
             And
             this
             also
             ,
             in
             no
             disagreement
             to
             the
             Laws
             of
             the
             Land
             ,
             as
             they
             then
             were
             .
          
           
             By
             this
             
               solemn
               Covenant
            
             and
             Agreement
             of
             the
             three
             Nations
             ,
             giving
             up
             themselves
             in
             subjection
             to
             God
             and
             to
             his
             Laws
             ,
             in
             the
             first
             place
             ,
             as
             the
             Allegiance
             they
             owe
             to
             their
             highest
             Soveraign
             ,
             (
             as
             the
             Creator
             ,
             Redeemer
             ,
             Owner
             and
             Ruler
             of
             all
             Mankind
             )
             they
             have
             so
             far
             interested
             the
             Son
             of
             God
             in
             the
             the
             Supream
             Rule
             and
             Government
             of
             these
             Nations
             ,
             that
             nothing
             therein
             ought
             to
             be
             brought
             into
             practice
             ,
             contrary
             to
             his
             revealed
             Will
             in
             the
             holy
             Scriptures
             ,
             and
             his
             known
             and
             most
             righteous
             Laws
             .
          
           
             This
             Duty
             which
             we
             owe
             to
             God
             ,
             the
             universal
             King
             ,
             Nature
             and
             Christianity
             do
             so
             clearly
             teach
             and
             assert
             ,
             that
             it
             needs
             no
             more
             than
             to
             be
             named
             .
             For
             this
             subjection
             and
             allegiance
             to
             God
             and
             his
             Laws
             ,
             by
             a
             Right
             so
             indisputable
             ,
             all
             are
             accountable
             before
             the
             Judgment-seat
             of
             Christ
             .
          
           
             It
             is
             true
             indeed
             ,
             men
             may
             
               de
               facto
            
             become
             open
             Rebels
             to
             God
             and
             to
             his
             Laws
             ,
             and
             prove
             such
             as
             forfeit
             his
             Protection
             ,
             and
             engage
             him
             to
             proceed
             against
             them
             as
             his
             professed
             Enemies
             .
             But
             (
             with
             your
             Lordships
             favour
             )
             give
             me
             leave
             to
             say
             ,
             that
             that
             which
             you
             have
             made
             a
             Rule
             for
             your
             proceedings
             in
             my
             Case
             ,
             will
             indeed
             hold
             ,
             and
             that
             very
             strongly
             ,
             in
             this
             ;
             that
             is
             to
             say
             ,
             in
             the
             sence
             wherein
             Christ
             
             the
             Son
             of
             God
             is
             King
             
               de
               jure
            
             ,
             not
             only
             in
             general
             ,
             over
             the
             whole
             World
             ,
             but
             in
             particular
             ,
             in
             relation
             to
             these
             three
             Kingdoms
             .
             He
             ought
             not
             to
             be
             kept
             out
             of
             his
             Throne
             ,
             nor
             his
             visible
             Government
             ,
             (
             that
             consists
             in
             the
             Authority
             of
             his
             Word
             and
             Laws
             )
             suppressed
             and
             trampled
             under
             foot
             ,
             under
             any
             pretence
             whatsoever
             .
          
           
             And
             in
             the
             asserting
             and
             adhering
             unto
             the
             Right
             of
             this
             highest
             Soveraign
             ,
             (
             as
             stated
             in
             the
             Covenant
             ,
             before
             mentioned
             )
             The
             Lords
             and
             Commons
             joyntly
             ,
             before
             the
             year
             1648
             ,
             and
             the
             Commons
             alone
             afterwards
             ,
             to
             the
             very
             times
             charged
             in
             the
             Indictment
             ,
             did
             manage
             the
             War
             and
             late
             Differences
             within
             these
             Kingdoms
             .
             And
             whatever
             defections
             did
             happen
             by
             Apostates
             ,
             Hypocrites
             ,
             and
             Time-serving
             worldlings
             ,
             there
             was
             a
             party
             amongst
             them
             ,
             that
             continued
             firm
             ,
             sincere
             and
             chast
             unto
             the
             last
             ,
             and
             loved
             it
             better
             than
             their
             very
             lives
             ;
             of
             which
             number
             I
             am
             not
             ashamed
             to
             profess
             my self
             to
             be
             ;
             not
             so
             much
             admiring
             the
             form
             and
             words
             of
             the
             Covenant
             ,
             as
             the
             righteous
             and
             holy
             ends
             therein
             expressed
             ,
             and
             the
             true
             sense
             and
             meaning
             thereof
             ,
             which
             I
             have
             reason
             to
             know
             .
          
           
             Nor
             will
             I
             deny
             ,
             but
             that
             ,
             as
             to
             the
             manner
             of
             the
             prosecution
             of
             the
             Covenant
             to
             other
             ends
             than
             it self
             warrants
             ,
             and
             with
             a
             rigid
             oppressive
             spirit
             ,
             (
             to
             bring
             all
             dissenting
             minds
             and
             tender
             Consciences
             under
             one
             Uniformity
             of
             Church-discipline
             and
             government
             )
             it
             was
             utterly
             against
             my
             Judgment
             .
             For
             I
             alwayes
             esteemed
             it
             more
             agreeable
             to
             the
             Word
             of
             God
             ,
             that
             the
             Ends
             and
             Work
             declared
             in
             the
             Covenant
             ,
             should
             be
             promoted
             in
             a
             spirit
             of
             love
             and
             forbearance
             to
             differing
             Judgments
             and
             Consciences
             ,
             that
             thereby
             we
             might
             be
             approving
             our selves
             
               in
               doing
               that
               to
               others
               ,
               which
               we
               desire
               they
               would
               do
               to
               us
            
             ;
             and
             so
             ,
             (
             though
             upon
             different
             principles
             )
             be
             found
             joynt
             and
             faithful
             advancers
             of
             the
             Reformation
             contained
             in
             the
             Covenant
             ,
             both
             publick
             and
             personal
             .
          
           
             This
             happy
             Union
             and
             Conjunction
             of
             all
             Interests
             in
             the
             respective
             duties
             of
             all
             relations
             ,
             agreed
             and
             consented
             to
             by
             the
             common
             suffrage
             of
             the
             three
             Nations
             (
             as
             well
             in
             their
             publick
             Parliamentary
             capacity
             ,
             as
             private
             stations
             )
             appeared
             to
             me
             a
             Rule
             and
             measure
             approved
             of
             ,
             and
             commanded
             by
             Parliament
             ,
             for
             my
             action
             and
             deportment
             ,
             though
             it
             met
             with
             great
             opposition
             ,
             in
             a
             tedious
             ,
             sad
             and
             long
             War
             ;
             and
             this
             ,
             under
             the
             name
             and
             pretext
             of
             Royal
             Authority
             .
             Yet
             ,
             as
             this
             Case
             appeared
             to
             me
             in
             my
             conscience
             ,
             under
             all
             its
             circumstances
             of
             Times
             ,
             of
             Persons
             ,
             and
             of
             Revolutions
             inevitably
             happening
             ,
             by
             the
             hand
             of
             God
             and
             the
             course
             of
             his
             wise
             Providences
             ,
             I
             held
             it
             safest
             and
             best
             to
             keep
             my
             station
             in
             Parliament
             to
             the
             last
             ,
             under
             the
             guidance
             
             and
             protection
             of
             their
             Authority
             ,
             and
             in
             pursuance
             of
             the
             Ends
             before
             declared
             ,
             in
             my
             just
             Defence
             .
          
           
             This
             general
             and
             publick
             Case
             of
             the
             Kingdoms
             ,
             is
             so
             well
             known
             by
             the
             Declarations
             and
             Actions
             that
             have
             passed
             on
             both
             sides
             ,
             that
             I
             need
             but
             name
             it
             ,
             since
             this
             matter
             was
             not
             done
             in
             a
             corner
             ,
             but
             frequently
             contended
             for
             in
             the
             high
             places
             of
             the
             Field
             ,
             and
             written
             even
             with
             characters
             of
             Blood.
             And
             out
             of
             the
             bowels
             of
             these
             Publick
             Differences
             and
             Disputes
             ,
             doth
             my
             particular
             Case
             arise
             ,
             for
             which
             I
             am
             called
             into
             question
             .
             But
             admitting
             it
             come
             to
             my
             lot
             to
             stand
             single
             ,
             in
             the
             witness
             I
             am
             to
             give
             to
             this
             Glorious
             Cause
             ,
             and
             to
             be
             left
             alone
             ,
             (
             as
             in
             a
             sort
             I
             am
             )
             yet
             being
             upheld
             with
             the
             Authority
             before
             asserted
             ,
             and
             keeping
             my self
             in
             union
             and
             conjunction
             therewith
             ,
             I
             am
             not
             afraid
             to
             bear
             my
             Witness
             to
             it
             in
             this
             great
             Presence
             ,
             nor
             to
             seal
             it
             with
             my
             Blood
             ,
             if
             called
             thereunto
             .
             And
             I
             am
             so
             far
             satisfied
             in
             my
             conscience
             and
             understanding
             ,
             that
             it
             neither
             is
             nor
             can
             be
             Treason
             ,
             either
             against
             the
             Law
             of
             Nature
             ,
             or
             the
             Law
             of
             the
             Land
             ,
             either
             
               malum
               per
               se
            
             ,
             or
             
               malum
               prohibitum
            
             ;
             that
             on
             the
             contrary
             ,
             it
             is
             the
             duty
             I
             owed
             to
             God
             the
             universal
             King
             ,
             and
             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
               that
               Priviledge
               ,
               of
               being
               present
               himself
               ,
               or
               having
               Counsel
               and
               other
               Friends
               present
               at
               the
               Grand
               Jury
               ,
               will
               appear
               hereafter
               ,
               by
               the
               subdolous
               and
               injurious
               handling
               of
               matters
               there
               .
            
          
           
             
               Thirdly
               ,
               Concerning
               the
               Jurisdiction
               of
               the
               Court.
               
            
             
               (
               3.
               )
               The
               Offences
               supposed
               to
               be
               committed
               by
               me
               ,
               are
               things
               done
               not
               of
               my
               own
               head
               ,
               but
               as
               a
               Member
               of
               the
               
                 Long
                 Parliament
              
               .
               or
               in
               pursuance
               of
               their
               Authority
               .
               The
               matters
               done
               by
               me
               ,
               in
               the
               one
               respect
               or
               the
               other
               ,
               if
               they
               be
               deemed
               Offences
               ,
               are
               punishable
               only
               in
               Parliament
               ,
               and
               I
               ought
               not
               to
               be
               questioned
               for
               them
               in
               any
               inferiour
               Court
               ;
               As
               Cook
               shews
               in
               the
               4th
               part
               of
               his
               Institutes
               ,
               chap.
               1.
               concerning
               the
               high
               Court
               of
               Parliament
               .
               For
               the
               Parliament
               is
               not
               confined
               in
               their
               Actings
               ,
               by
               the
               Law
               which
               inferiour
               Courts
               are
               tied
               up
               to
               ,
               but
               in
               divers
               cases
               are
               priviledged
               to
               act
               extraordinarily
               and
               unaccountably
               to
               any
               but
               themselves
               ,
               or
               succeeding
               Parliaments
               .
               Moreover
               ,
               That
               Parliament
               was
               extraordinarily
               commissioned
               ,
               qualified
               and
               authorized
               by
               express
               Act
               of
               Parliament
               ,
               beyond
               all
               preceding
               Parliaments
               ,
               for
               the
               Causes
               and
               Ends
               declared
               in
               the
               Preamble
               of
               the
               Act
               for
               their
               Establishment
               ,
               accorded
               and
               passed
               by
               the
               joynt
               Consent
               of
               King
               ,
               Lords
               and
               Commons
               ,
               whereby
               they
               became
               unsubjected
               to
               Adjournment
               ,
               Prorogation
               or
               Dissolution
               ,
               but
               by
               their
               own
               respective
               voluntary
               Consents
               ,
               to
               be
               by
               them
               expressed
               and
               passed
               for
               that
               purpose
               ,
               with
               the
               Royal
               Assent
               ;
               which
               occasioned
               his
               late
               Majesty
               in
               his
               Answer
               to
               the
               
                 nineteen
                 Propositions
              
               ,
               to
               say
               ,
               
                 That
                 the
                 Power
                 hereby
                 legally
                 placed
                 in
                 both
                 Houses
                 ,
                 was
                 more
                 than
                 sufficient
                 to
                 prevent
                 and
                 restrain
                 the
                 Power
                 of
                 Tyranny
                 .
              
            
             
               And
               further
               ,
               The
               bringing
               of
               this
               Case
               under
               the
               Jurisdiction
               of
               this
               Court
               ,
               or
               of
               any
               other
               ,
               but
               a
               Parliament
               ,
               may
               prove
               of
               very
               dangerous
               consequence
               ,
               in
               point
               of
               Precedent
               ,
               and
               most
               disagreeing
               to
               all
               Rules
               of
               Justice
               .
               For
               ,
            
             
               First
               ,
               By
               the
               same
               reason
               that
               I
               am
               questioned
               in
               this
               Court
               ,
               not
               
               only
               every
               Member
               of
               Parliament
               ,
               but
               the
               very
               Houses
               themselves
               ,
               with
               all
               their
               Debates
               ,
               Votes
               and
               Orders
               ,
               may
               not
               only
               be
               questioned
               ,
               but
               referred
               to
               a
               Petty
               Jury
               ,
               and
               so
               come
               to
               be
               judged
               and
               sentenc'd
               by
               a
               Court
               inferiour
               to
               themselves
               ,
               which
               Judges
               in
               all
               times
               have
               disclaimed
               and
               acknowledged
               to
               be
               out
               of
               their
               power
               ,
               according
               to
               the
               known
               Rule
               ,
               
                 Par
                 in
                 pares
                 non
                 habet
                 imperium
                 ,
                 multo
                 minus
                 in
                 eos
                 ,
                 qui
                 majus
                 imperium
                 habent
                 .
              
            
             
               Secondly
               ,
               In
               such
               case
               ,
               the
               Parties
               accused
               ,
               will
               be
               debarred
               of
               Evidence
               or
               Witness
               for
               their
               Justification
               and
               Defence
               .
               For
               no
               Members
               ,
               &c.
               present
               at
               Debates
               in
               Parliament
               ,
               (
               who
               are
               the
               onely
               eye
               and
               ear-witnesses
               of
               what
               is
               said
               and
               done
               there
               )
               ought
               to
               discover
               the
               Counsels
               of
               the
               House
               .
            
          
           
             
               Fourthly
               ,
               Concerning
               the
               Indictment
               .
            
             
               1.
               
               I
               have
               not
               been
               permitted
               to
               have
               a
               copy
               or
               sight
               of
               the
               Indictment
               ,
               nor
               so
               much
               as
               to
               hear
               it
               read
               in
               Latine
               ,
               which
               is
               the
               original
               Record
               of
               the
               Court
               ,
               and
               ought
               to
               be
               the
               foundation
               of
               their
               whole
               proceeding
               with
               me
               .
               I
               often
               desired
               these
               things
               of
               the
               Court
               ;
               yea
               ,
               or
               at
               least
               ,
               to
               have
               but
               the
               Transcripts
               of
               some
               particular
               clauses
               in
               the
               Indictment
               ,
               to
               enable
               me
               to
               shew
               the
               deficiencies
               thereof
               in
               Law
               ,
               (
               all
               which
               ,
               others
               in
               such
               cases
               have
               often
               obtained
               )
               but
               nothing
               would
               be
               granted
               herein
               .
            
             
               This
               then
               was
               my
               hard
               lot
               and
               usage
               ;
               I
               was
               put
               (
               after
               two
               years
               close
               Imprisonment
               )
               to
               answer
               for
               my
               Life
               ,
               to
               a
               long
               Indictment
               ,
               read
               in
               English
               ,
               which
               whether
               it
               were
               rightly
               translated
               how
               should
               I
               know
               ,
               that
               might
               not
               hear
               the
               Original
               Record
               in
               Latine
               ?
               Counsel
               also
               learned
               in
               the
               Law
               ,
               were
               denied
               me
               ,
               though
               pressed
               for
               by
               me
               ,
               again
               and
               again
               ,
               before
               I
               pleaded
               .
               And
               had
               they
               been
               granted
               ,
               what
               could
               they
               have
               said
               as
               to
               defects
               of
               Law
               in
               the
               Indictment
               ,
               unless
               they
               might
               have
               a
               Copy
               of
               it
               ?
               What
               can
               any
               Counsel
               say
               to
               any
               petty
               business
               concerning
               any
               part
               of
               a
               man's
               Estate
               that
               's
               in
               controversie
               ,
               unless
               they
               may
               have
               a
               leisurely
               view
               and
               perusal
               of
               the
               Writings
               thereabouts
               ?
               much
               more
               sure
               will
               it
               appear
               requisit
               ,
               to
               the
               reason
               of
               all
               mankind
               ,
               when
               a
               man
               's
               whole
               Estate
               ,
               Life
               and
               all
               are
               at
               stake
               .
               'T
               is
               true
               ,
               before
               I
               pleaded
               ,
               this
               Court
               promised
               I
               should
               have
               Counsel
               assigned
               me
               after
               pleading
               ,
               (
               
                 God
                 forfend
                 else
              
               ,
               said
               the
               Lord
               Chief
               Justice
               )
               but
               't
               is
               as
               true
               ,
               I
               never
               could
               yet
               see
               that
               promise
               made
               good
               .
               All
               things
               tending
               to
               a
               fair
               Tryal
               ,
               were
               promised
               me
               in
               general
               before
               pleading
               ,
               but
               every
               material
               particular
               for
               the
               just
               defence
               of
               my
               Life
               ,
               hath
               been
               
               denied
               me
               ever
               since
               .
               And
               my
               Tryal
               for
               Life
               was
               hudled
               up
               the
               next
               day
               of
               my
               appearing
               before
               you
               ;
               The
               Jury
               as
               was
               told
               me
               )
               must
               not
               eat
               or
               drink
               ,
               till
               they
               had
               done
               their
               work
               ;
               (
               so
               the
               more
               than
               forty
               Jewry-men
               that
               resolved
               to
               kill
               Paul
               ,
               Act.
               23.
               21.
               )
               But
               why
               such
               haste
               and
               precipitancy
               for
               a
               man's
               Life
               ,
               that
               's
               more
               than
               Meat
               or
               Estate
               ,
               when
               you
               can
               let
               Civil
               Causes
               about
               mens
               Estates
               depend
               many
               years
               ?
               and
               if
               an
               erroneous
               Judgment
               be
               passed
               in
               such
               matters
               ,
               't
               is
               reversible
               ;
               But
               if
               innocent
               Blood
               be
               spilt
               ,
               it
               cannot
               be
               gathered
               up
               again
               ,
               as
               the
               wise
               woman
               of
               Tekoah
               said
               ,
               2
               Sam.
               14.
               
            
             
               2.
               
               But
               secondly
               then
               ,
               As
               to
               defects
               in
               the
               Indictment
               ,
               which
               I
               was
               in
               some
               measure
               enabled
               to
               observe
               from
               that
               broken
               hearing
               thereof
               ,
               that
               was
               afforded
               me
               here
               in
               the
               Court
               ;
               I
               say
               ,
               there
               are
               many
               ,
               and
               those
               very
               considerable
               ;
               and
               by
               the
               Law
               of
               England
               I
               ought
               not
               to
               have
               been
               urged
               to
               plead
               or
               make
               answer
               to
               such
               an
               illegal
               and
               defective
               Indictment
               .
            
             
               1.
               
               There
               is
               no
               sufficient
               Overt
               Act
               therein
               alledged
               ,
               of
               the
               Prisoner's
               imagining
               the
               King's
               Death
               ,
               or
               that
               he
               had
               any
               the
               least
               intention
               that
               way
               .
            
             
               2.
               
               The
               Levying
               of
               a
               War
               ,
               is
               alledged
               in
               Southwark
               ,
               and
               cannot
               therefore
               be
               tryed
               by
               a
               Jury
               of
               
                 Middlesex
                 ;
                 Dyer
              
               ,
               fol.
               234.
               and
               the
               3d
               part
               of
               
                 Cook
                 's
                 Institutes
              
               ,
               fol.
               34.
               
            
             
               3.
               
               There
               is
               uncertainty
               and
               obscurity
               in
               the
               main
               thing
               alledged
               against
               me
               in
               the
               Indictment
               ;
               to
               wit
               ,
               
                 That
                 I
                 ,
                 together
                 with
                 a
                 multitude
                 of
                 persons
                 ,
                 to
                 the
                 number
                 of
                 a
                 thousand
                 ,
                 unknown
                 to
                 the
                 Jury
                 ,
                 &c.
              
               whereas
               no
               Criminal
               Act
               can
               be
               tryed
               that
               is
               not
               certain
               ;
               
                 Certa
                 res
                 debet
                 esse
                 quae
                 deducitur
                 in
                 Judicium
                 .
              
            
             
               4.
               
               The
               Treason
               laid
               to
               my
               charge
               ,
               is
               alledged
               to
               have
               been
               committed
               with
               a
               multitude
               of
               other
               false
               Traitors
               ,
               which
               were
               pardoned
               by
               the
               Act
               of
               Indempnity
               ;
               such
               supposed
               crimes
               therefore
               of
               theirs
               cannot
               be
               remembred
               or
               alledged
               ,
               without
               a
               manifest
               breach
               of
               the
               Act
               of
               Indempnity
               and
               Oblivion
               .
            
             
               The
               Indictment
               is
               ,
               or
               ought
               to
               be
               founded
               on
               some
               clause
               or
               branch
               of
               25.
               
               
                 Ed.
                 3.
                 chap.
              
               2.
               
               But
               no
               such
               Overt
               Act
               is
               alledged
               in
               the
               Indictment
               ,
               or
               proved
               by
               Witnesses
               ,
               as
               doth
               discover
               that
               I
               had
               any
               intention
               to
               kill
               ,
               depose
               or
               hold
               out
               the
               King
               from
               the
               possession
               and
               exercise
               of
               his
               Regal
               Power
               .
            
             
               Whereas
               I
               am
               accused
               of
               
                 compassing
                 or
                 imagining
                 the
                 Death
                 of
                 the
                 King
              
               ;
               this
               must
               be
               understood
               of
               his
               natural
               or
               personal
               ,
               not
               politick
               capacity
               ;
               for
               in
               this
               latter
               sence
               ,
               the
               Law
               sayes
               ,
               
                 the
                 King
                 cannot
                 die
              
               .
            
             
               First
               then
               ,
               to
               compass
               only
               the
               Deposition
               of
               the
               King
               ,
               is
               not
               within
               
               the
               words
               of
               that
               Statute
               ,
               (
               several
               Kings
               have
               been
               deposed
               by
               Parliaments
               since
               the
               Conquest
               )
               and
               as
               to
               my
               compassing
               or
               designing
               the
               natural
               death
               of
               the
               King's
               Person
               ,
               with
               what
               colour
               can
               I
               be
               accused
               of
               such
               intentions
               ,
               in
               the
               circumstances
               the
               King
               at
               that
               time
               was
               in
               beyond
               the
               Seas
               ?
            
             
               Secondly
               ,
               The
               assembling
               of
               men
               together
               ,
               without
               any
               hostility
               or
               injury
               offered
               to
               any
               person
               ,
               but
               for
               a
               man
               's
               own
               security
               and
               defence
               ,
               in
               a
               time
               of
               confusion
               and
               distraction
               ,
               is
               not
               Levying
               War
               ,
               or
               Treason
               at
               the
               Common
               Law
               ,
               or
               by
               that
               Statute
               .
               Yea
               ,
               in
               this
               Case
               ,
               and
               at
               the
               season
               wherein
               such
               an
               Act
               as
               this
               is
               alledged
               ,
               it
               might
               be
               supposed
               to
               be
               done
               for
               the
               King's
               Restoration
               as
               well
               as
               in
               opposition
               thereunto
               ;
               and
               the
               most
               favourable
               and
               advantagious
               construction
               ought
               to
               be
               made
               and
               put
               upon
               the
               Prisoner's
               actings
               or
               words
               ,
               where
               there
               is
               ambiguity
               ,
               so
               that
               they
               may
               be
               taken
               or
               interpreted
               divers
               wayes
               .
               For
               the
               Law
               alwayes
               presumeth
               actions
               to
               be
               innocent
               ,
               till
               the
               contrary
               be
               manifestly
               proved
               .
               However
               ,
               in
               a
               time
               of
               vacancy
               or
               an
               Interregnum
               ,
               when
               the
               Foundations
               of
               Government
               are
               out
               of
               course
               ,
               by
               the
               Law
               of
               Reason
               ,
               Nature
               ,
               and
               Common
               Prudence
               ,
               every
               man
               may
               stand
               upon
               his
               own
               guard
               ,
               endeavouring
               his
               own
               security
               and
               protection
               from
               injury
               and
               violence
               .
            
             
               Thirdly
               ,
               To
               be
               adherent
               to
               the
               King's
               Enemies
               within
               his
               Realm
               ,
               &c.
               cannot
               ,
               ought
               not
               to
               be
               understood
               of
               any
               adhaesion
               to
               a
               Parliament
               ,
               wherein
               the
               King
               by
               Law
               is
               supposed
               alwayes
               present
               ,
               as
               a
               part
               thereof
               .
               Nor
               can
               the
               
                 Long
                 Parliament
              
               be
               called
               the
               King's
               Enemies
               ,
               without
               overthrowing
               the
               Act
               of
               Indempnity
               ,
               which
               the
               King
               hath
               declared
               to
               be
               the
               Foundation
               of
               the
               Nations
               present
               Peace
               and
               Security
               .
            
             
               
                 Lastly
                 ,
                 The
                 Treasons
                 alledged
                 in
                 the
                 Indictment
                 ,
                 are
                 said
                 to
                 have
                 been
                 committed
                 when
                 the
                 King
                 was
                 out
                 of
                 possession
                 ;
                 So
                 the
                 Indictments
                 runs
                 ,
              
               to
               keep
               out
               the
               King
               ,
               &c.
               
               
                 Now
                 my
                 Lord
              
               Cook
               
                 in
                 the
                 third
                 part
                 of
                 his
              
               Institutes
               ,
               
                 fol.
                 7.
                 saith
              
               ,
               A
               King
               
                 de
                 jure
              
               ,
               and
               not
               
                 de
                 facto
              
               ,
               is
               not
               within
               this
               Statute
               ;
               Against
               such
               a
               one
               no
               Treason
               can
               be
               committed
               .
               For
               if
               there
               be
               a
               King
               regnant
               in
               possession
               ,
               though
               he
               be
               
                 Rex
                 de
                 facto
              
               ,
               and
               not
               
                 de
                 jure
              
               ,
               yet
               is
               he
               
                 Seignior
                 le
                 Roy
              
               ,
               within
               the
               purview
               of
               this
               Statute
               ;
               and
               the
               other
               that
               hath
               Right
               ,
               and
               is
               out
               of
               possession
               ,
               is
               not
               within
               this
               Act.
               Nay
               ,
               if
               Treason
               be
               committed
               against
               a
               King
               
                 de
                 facto
                 ,
                 &
                 non
                 de
                 jure
                 ,
              
               and
               after
               the
               King
               
                 de
                 jure
              
               cometh
               to
               the
               Crown
               ,
               he
               shall
               punish
               the
               Treason
               done
               to
               the
               King
               
                 de
                 facto
              
               .
            
             
               And
               after
               ,
               in
               the
               same
               place
               he
               saith
               ,
               
                 That
                 by
                 Law
                 there
                 is
                 alwayes
                 
                 a
                 King
                 ,
                 in
                 whose
                 Name
                 the
                 Laws
                 are
                 to
                 be
                 maintained
                 and
                 executed
                 ;
                 otherwayes
                 Justice
                 would
                 fail
                 .
              
               The
               Act
               also
               of
               11.
               
               Hen.
               7.
               was
               made
               for
               security
               of
               the
               Subject
               on
               this
               behalf
               .
               The
               word
               King
               also
               may
               and
               ought
               to
               be
               taken
               largely
               for
               any
               Sovereign
               Power
               ,
               in
               a
               King
               or
               Queen
               ,
               as
               Cook
               in
               the
               place
               fore-quoted
               ,
               shews
               ;
               and
               why
               not
               by
               the
               same
               reason
               ,
               in
               a
               Protector
               ,
               though
               a
               Usurper
               ,
               or
               any
               other
               persons
               ,
               one
               or
               more
               ,
               in
               whom
               Soveraignty
               is
               lodged
               ,
               or
               that
               have
               all
               the
               badges
               of
               Soveraignty
               ,
               as
               the
               calling
               of
               Parliaments
               ,
               enacting
               of
               Laws
               ,
               coining
               of
               Money
               ,
               receiving
               Forreign
               Ambassadors
               ,
               &
               c.
               ?
               His
               Majesty
               that
               now
               is
               ,
               is
               granted
               by
               the
               very
               Indictment
               to
               have
               been
               then
               out
               of
               possession
               :
               If
               so
               ,
               then
               was
               there
               either
               some
               other
               King
               ,
               or
               what
               was
               equivolent
               ,
               some
               Sovereign
               Power
               in
               actual
               possession
               and
               exercise
               ,
               or
               none
               .
               If
               the
               former
               ,
               then
               was
               there
               a
               King
               
                 de
                 facto
              
               ,
               so
               no
               Treason
               could
               be
               committed
               against
               him
               that
               was
               King
               
                 de
                 jure
              
               only
               :
               If
               the
               latter
               ,
               then
               the
               Government
               was
               dissolved
               ,
               no
               allegiance
               was
               due
               to
               any
               persons
               ,
               and
               so
               no
               offence
               could
               be
               properly
               Treason
               ,
               within
               the
               Statute
               .
            
             
               But
               had
               the
               late
               Protector
               had
               the
               name
               and
               stile
               of
               a
               King
               ,
               no
               Treason
               could
               have
               been
               committed
               against
               the
               King
               
                 de
                 jure
              
               only
               .
               Now
               God
               forbid
               that
               you
               should
               give
               away
               my
               Life
               upon
               such
               niceties
               ,
               because
               a
               usurping
               Protector
               was
               not
               clothed
               with
               the
               Title
               as
               well
               as
               Power
               of
               a
               King.
               The
               Protector
               or
               any
               Usurper's
               taking
               or
               not
               taking
               the
               Title
               of
               a
               King
               ,
               in
               case
               he
               have
               the
               Power
               ,
               cannot
               alter
               the
               state
               of
               my
               supposed
               crime
               .
               You
               ought
               not
               to
               be
               byassed
               by
               popular
               Reports
               concerning
               me
               .
               'T
               is
               easier
               to
               be
               innocent
               ,
               than
               so
               reported
               .
               The
               one
               is
               in
               our
               own
               power
               ,
               not
               the
               other
               .
            
          
           
             
               Fifthly
               ,
               Concerning
               the
               Evidence
               .
            
             
               1.
               
               No
               allegation
               was
               directly
               proved
               by
               two
               positive
               lawful
               Witnesses
               ,
               as
               in
               this
               case
               it
               ought
               to
               be
               .
            
             
               2.
               
               One
               of
               the
               Witnesses
               for
               the
               King
               ,
               confessed
               in
               open
               Court
               ,
               that
               to
               his
               knowledge
               my
               hand
               had
               been
               counterfeited
               ,
               to
               my
               prejudice
               and
               dammage
               ,
               in
               great
               Sums
               of
               Money
               ;
               yet
               Orders
               pretended
               to
               be
               signed
               by
               me
               ,
               (
               wherein
               my
               hand
               may
               as
               well
               be
               counterfeited
               )
               are
               taken
               as
               Evidence
               against
               me
               .
            
             
               3.
               
               The
               Issue
               of
               the
               whole
               Cause
               depended
               on
               the
               solution
               of
               some
               difficult
               Questions
               ,
               of
               so
               high
               a
               nature
               and
               great
               importance
               ,
               as
               could
               not
               safely
               be
               determined
               but
               in
               the
               high
               Court
               of
               Parliament
               ;
               As
               ,
            
             
               1.
               
               Whether
               the
               Long
               Parliament
               ,
               called
               in
               Novemb.
               1640
               ,
               were
               dissolved
               by
               the
               late
               King's
               Death
               ?
            
             
             
               2.
               
               Whether
               the
               successive
               remaining
               Powers
               ,
               that
               exercised
               the
               Royal
               or
               Supream
               Authority
               from
               1648
               ,
               to
               the
               Restoration
               of
               his
               now
               Majesty
               ,
               were
               not
               within
               the
               true
               sense
               and
               meaning
               of
               25.
               
               Edw.
               3.
               and
               11.
               
               Hen.
               7
               ?
            
             
               As
               to
               other
               pertinent
               Queries
               ,
               thou
               mayest
               see
               them
               ,
               Reader
               ,
               in
               other
               parts
               of
               this
               Tryal
               .
            
             
               That
               which
               remains
               ,
               as
               an
               
                 Appendix
                 to
                 this
                 Bill
                 of
                 Exceptions
                 ,
              
               is
               to
               lay
               before
               thee
               the
               Grounds
               which
               plainly
               shew
               that
               there
               was
               a
               downright
               Conspiracy
               in
               Sir
               Vane's
               Tenants
               and
               others
               ,
               to
               prosecute
               him
               for
               Life
               and
               Estate
               ,
               under
               colour
               and
               pretence
               of
               Justice
               .
            
             
               1.
               
               Presently
               after
               I
               was
               committed
               to
               the
               Tower
               for
               High
               Treason
               ,
               and
               made
               a
               Close-Prisoner
               ,
               Mr.
               Oneale
               ,
               Sir
               
                 William
                 Darcy
              
               and
               Dr.
               Cradock
               obtained
               an
               Order
               from
               the
               King
               ,
               to
               seize
               and
               take
               into
               their
               possession
               ,
               all
               the
               Estates
               of
               such
               persons
               ,
               that
               were
               already
               or
               should
               be
               forfeited
               to
               his
               Majesty
               .
            
             
               Hereupon
               the
               said
               Mr.
               Oneale
               and
               Sir
               
                 Will.
                 Darcy
              
               appointed
               some
               under
               them
               in
               the
               Bishoprick
               of
               Durham
               ,
               (
               by
               name
               ,
               
                 Thomas
                 Bowes
              
               Esque
               now
               deceased
               ,
               and
               Capt.
               
                 William
                 Darcy
              
               )
               to
               joyn
               with
               the
               said
               Dr.
               Cradock
               ,
               to
               put
               in
               execution
               the
               said
               Warrant
               ,
               as
               their
               Deputies
               ,
               who
               thereupon
               went
               to
               
                 Raby
                 Castle
              
               ,
               and
               demanded
               the
               Rent-Books
               of
               
                 Thomas
                 Mowbray
              
               my
               Steward
               ,
               offering
               him
               his
               place
               under
               them
               ,
               which
               he
               refused
               .
            
             
               Contrary
               to
               this
               proceeding
               ,
               Sir
               
                 Edward
                 Cook
              
               expresly
               declares
               ,
               
                 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
                 .
              
               Institut
               .
               3d
               part
               ,
               chap.
               133.
               concerning
               the
               Seizure
               of
               Goods
               ,
               &c.
               for
               Offences
               ,
               &c.
               before
               Conviction
               .
            
             
               2.
               
               At
               the
               Instance
               and
               Prosecution
               of
               my
               Tenants
               and
               others
               ,
               an
               Order
               was
               made
               by
               the
               House
               of
               Commons
               (
               not
               of
               the
               Lords
               )
               requiring
               the
               Tenants
               of
               such
               persons
               as
               were
               excepted
               out
               of
               the
               
                 General
                 Pardon
              
               ,
               to
               detain
               their
               Rents
               in
               their
               own
               hands
               .
               By
               pretence
               of
               this
               Order
               ,
               (
               though
               that
               Parliament
               that
               made
               it
               ,
               were
               dissolved
               )
               The
               Tenants
               refused
               to
               pay
               their
               respective
               Rents
               ,
               as
               they
               grew
               due
               ,
               contrary
               to
               all
               Law
               and
               Equity
               ;
               and
               joyned
               together
               in
               open
               defiance
               and
               conspiracy
               against
               their
               Landlord
               .
            
             
               3.
               
               The
               said
               Tenants
               ,
               (
               when
               legally
               prosecuted
               in
               his
               Majesties
               Courts
               at
               Westminster
               ,
               for
               the
               recovery
               of
               the
               said
               Rents
               out
               of
               their
               
               hands
               )
               did
               petition
               the
               late
               House
               of
               Commons
               to
               put
               a
               stop
               to
               such
               legal
               Prosecution
               and
               Suits
               ;
               which
               Motion
               of
               theirs
               ,
               put
               the
               House
               into
               a
               great
               heat
               and
               violence
               against
               me
               ,
               insomuch
               that
               they
               had
               no
               most
               passed
               a
               Vote
               to
               sequester
               all
               my
               Estate
               ,
               though
               unheard
               or
               unconvicted
               .
            
             
               4.
               
               
                 William
                 Watson
              
               of
               Cock-field
               ,
               and
               other
               of
               the
               said
               Tenants
               ,
               have
               continued
               in
               London
               to
               carry
               on
               this
               Conspiracy
               against
               me
               ,
               by
               whose
               means
               ,
               with
               others
               ,
               the
               King
               hath
               been
               importuned
               to
               send
               for
               men
               from
               the
               Isle
               of
               Silly
               ,
               in
               order
               to
               this
               Tryal
               .
            
             
               5.
               
               By
               common
               fame
               (
               which
               ,
               at
               least
               ,
               affords
               a
               strong
               presumption
               )
               my
               Goods
               and
               Estate
               have
               been
               long
               begg'd
               by
               several
               persons
               ,
               and
               granted
               :
               whereas
               the
               begging
               of
               the
               Goods
               and
               Estate
               of
               any
               Delinquent
               ,
               accused
               or
               indicted
               of
               Treason
               ,
               before
               he
               be
               Convicted
               and
               Attainted
               ,
               is
               utterly
               unlawful
               ;
               because
               till
               then
               ,
               nothing
               is
               forfeited
               to
               the
               King
               ,
               and
               so
               ,
               not
               his
               to
               dispose
               of
               ;
               as
               Sir
               
                 Edward
                 Cook
              
               shews
               ,
               in
               the
               fore-mentioned
               Chapter
               about
               the
               Seizure
               of
               Goods
               ,
               &c.
               
            
             
               6.
               
               I
               am
               credibly
               informed
               ,
               that
               about
               December
               last
               ,
               a
               certain
               Captain
               came
               from
               the
               Duke
               of
               Albemarle
               ,
               to
               Capt.
               Linn
               ,
               with
               threatning
               language
               ,
               that
               if
               he
               would
               not
               confess
               things
               against
               Sir
               
                 Henry
                 Vane
              
               ,
               he
               should
               be
               fetch'd
               up
               before
               the
               Council
               and
               made
               to
               do
               it
               .
               Linn
               answered
               ,
               he
               knew
               nothing
               against
               Sir
               
                 Henry
                 Vane
              
               ,
               nor
               had
               any
               Orders
               from
               him
               ,
               but
               from
               the
               Parliament
               and
               Council
               .
            
             
               The
               same
               Captain
               came
               again
               ,
               about
               a
               fortnight
               after
               ,
               from
               the
               Duke
               of
               Albemarle
               ,
               with
               a
               parcel
               of
               fine
               words
               ,
               that
               if
               he
               the
               said
               Linn
               would
               testifie
               ,
               that
               Sir
               
                 Henry
                 Vane
              
               was
               in
               the
               head
               of
               his
               Regiment
               ,
               and
               that
               he
               received
               Orders
               from
               him
               ,
               the
               Duke
               of
               Albemarle
               would
               gratifie
               him
               with
               any
               civility
               he
               should
               desire
               .
               Linn
               replied
               ,
               he
               knew
               no
               Regiment
               Sir
               
                 Henry
                 Vane
              
               had
               ,
               but
               that
               it
               was
               the
               Parliaments
               and
               Council
               of
               States
               Regiment
               .
               The
               same
               Captain
               came
               again
               to
               him
               ,
               from
               the
               Duke
               of
               Albemarle
               ,
               and
               told
               him
               ,
               The
               Duke
               desired
               him
               to
               testifie
               Sir
               Vane's
               being
               in
               the
               head
               of
               his
               Regiment
               ,
               and
               that
               he
               received
               Orders
               from
               him
               ,
               to
               fight
               Sir
               
                 George
                 Booth
                 ;
                 Linn
              
               replied
               ,
               he
               knew
               no
               such
               things
               .
               The
               Captain
               told
               him
               ,
               as
               from
               the
               Duke
               ,
               he
               should
               have
               any
               Place
               or
               Office
               in
               the
               Court.
               Be
               not
               afraid
               to
               speak
               ,
               said
               he
               ,
               I
               warrant
               you
               ,
               we
               shall
               hang
               Sir
               
                 Henry
                 Vane
              
               ,
               for
               he
               is
               a
               Rogue
               .
            
             
               7.
               
               I
               am
               credibly
               informed
               ,
               that
               one
               of
               the
               Grand
               Jury
               declared
               ,
               that
               after
               the
               Bill
               of
               Indictment
               against
               me
               ,
               was
               brought
               in
               ,
               some
               from
               the
               King's
               Counsel
               came
               to
               desire
               them
               ,
               they
               would
               please
               to
               come
               into
               the
               inward
               Court
               of
               Wards
               ;
               Upon
               which
               ,
               one
               of
               the
               Jury
               said
               ,
               
               they
               were
               there
               to
               judge
               of
               matters
               brought
               before
               them
               ,
               and
               ought
               not
               to
               go
               in
               thither
               ;
               but
               if
               the
               Counsel
               had
               any
               thing
               to
               say
               ,
               they
               ought
               to
               come
               to
               them
               .
               This
               was
               seconded
               by
               some
               ;
               others
               said
               ,
               They
               were
               the
               King's
               Counsel
               ,
               and
               it
               was
               but
               matter
               of
               civility
               to
               grant
               them
               their
               Request
               :
               whereupon
               they
               went
               into
               the
               inward
               Court
               of
               Wards
               ,
               where
               the
               King's
               Counsel
               were
               ,
               to
               wit
               ,
               Attorney-General
               Palmer
               ,
               Sollicitor-General
               Fynch
               ,
               Serjeant
               Glyn
               and
               Serjeant
               Keeling
               .
               After
               a
               while
               ,
               they
               caused
               all
               to
               withdraw
               but
               the
               Jury
               .
               Then
               the
               Clerk
               read
               the
               Indictment
               in
               the
               usual
               form
               for
               Levying
               War
               from
               1659.
               
               After
               it
               was
               read
               ,
               one
               of
               the
               Counsel
               told
               them
               ,
               It
               was
               a
               Bill
               of
               High
               Treason
               against
               his
               Majesty
               ,
               and
               they
               were
               to
               consider
               of
               it
               according
               to
               their
               Evidence
               .
               Then
               they
               proceeded
               to
               examine
               their
               Witnesses
               .
            
             
               Jefford
               said
               ,
               Sir
               
                 Henry
                 Vane
              
               offered
               him
               a
               Commission
               to
               go
               against
               Sir
               
                 George
                 Booth
              
               ;
               which
               ,
               said
               Serjeant
               Keeling
               ,
               was
               to
               go
               against
               the
               King.
               
            
             
               Wright
               ,
               being
               examined
               whether
               he
               saw
               Sir
               
                 Henry
                 Vane
              
               in
               the
               Council
               ,
               said
               ,
               Yes
               .
               The
               Attorney-General
               replied
               ,
               that
               if
               he
               was
               amongst
               them
               ,
               they
               might
               find
               the
               Bill
               upon
               that
               .
            
             
               
                 Upon
                 this
                 ,
                 the
                 Jury
                 withdrew
                 ,
                 and
                 were
                 by
                 themselves
                 .
                 Then
                 Sir
              
               John
               Croply
               ,
               
                 the
                 Foreman
                 ,
                 said
              
               ,
               We
               must
               pass
               this
               Bill
               ;
               
                 at
                 which
                 all
                 the
                 Jury
                 were
                 silent
                 .
                 At
                 last
                 ,
                 one
                 stood
                 up
                 and
                 said
              
               ;
               This
               Bill
               contains
               matter
               of
               Fact
               ,
               and
               matter
               of
               Law.
               Some
               of
               this
               Jury
               ,
               to
               my
               knowledge
               ,
               were
               never
               of
               any
               Jury
               before
               ,
               as
               well
               as
               I
               ,
               therefore
               ignorant
               of
               the
               Law
               ,
               (
               in
               so
               difficult
               and
               unusual
               a
               point
               as
               this
               is
               )
               and
               consequently
               could
               not
               give
               in
               their
               Verdict
               ,
               as
               to
               Law
               ,
               but
               only
               Fact.
               
                 Several
                 others
                 of
                 the
                 Jury
                 seconded
                 him
                 in
                 this
                 ,
                 and
                 protested
                 against
                 giving
                 in
                 their
                 Verdict
                 ,
                 as
                 to
                 matter
                 of
                 Law
                 ;
                 notwithstanding
                 all
                 which
                 ,
                 the
                 Bill
                 was
                 carried
                 up
                 to
                 the
                 King
                 's
                 Bench.
                 
              
            
             
               8.
               
               On
               the
               day
               of
               my
               Arraignment
               ,
               an
               eminent
               person
               was
               heard
               to
               say
               ,
               I
               had
               forfeited
               my
               head
               ,
               by
               what
               I
               said
               that
               day
               ,
               before
               ever
               I
               came
               to
               my
               Defence
               :
               what
               that
               should
               be
               ,
               I
               know
               not
               ,
               except
               my
               saying
               in
               open
               Court
               ,
               
                 Soveraign
                 Power
                 of
                 Parliament
              
               ,
               which
               the
               Attorney-General
               writ
               down
               ,
               after
               he
               had
               promised
               at
               my
               request
               ,
               no
               exception
               should
               be
               taken
               at
               words
               .
               And
               whole
               Volumns
               of
               Lawyers
               Books
               pass
               up
               and
               down
               the
               Nation
               with
               that
               Title
               ,
               
                 Soveraign
                 Power
                 of
                 Parliaments
              
               .
            
             
               9.
               
               Six
               moderate
               men
               ,
               that
               were
               like
               to
               consider
               what
               they
               did
               ,
               before
               they
               would
               throw
               away
               my
               Life
               ,
               were
               summoned
               to
               be
               of
               my
               Petty
               Jury
               ,
               which
               the
               King's
               Counsel
               hearing
               ,
               writ
               a
               Letter
               to
               one
               
               of
               the
               Sheriffs
               ,
               to
               unsummon
               them
               ;
               and
               a
               new
               List
               was
               made
               ,
               the
               night
               immediately
               before
               the
               day
               of
               Verdict
               ,
               on
               purpose
               that
               the
               Prisoner
               might
               not
               have
               any
               knowledge
               of
               them
               ,
               till
               presented
               to
               his
               view
               and
               choice
               in
               Westminster-hall
               .
               Yet
               one
               of
               the
               fourty
               eight
               of
               this
               List
               ,
               (
               who
               said
               he
               would
               have
               starv'd
               himself
               before
               he
               would
               have
               found
               Sir
               
                 Hen.
                 Vane
              
               guilty
               of
               Treason
               )
               was
               never
               called
               ,
               though
               he
               walked
               in
               the
               Hall
               all
               the
               while
               .
               And
               in
               that
               Hurry
               of
               those
               that
               compassed
               him
               about
               ,
               he
               being
               alone
               ,
               stripp'd
               of
               all
               assistance
               ,
               Sir
               
                 William
                 Roberts
              
               Foreman
               ,
               and
               Sir
               
                 Christopher
                 Abdy
              
               ,
               were
               sworn
               by
               the
               Court
               ,
               before
               I
               was
               aware
               ;
               so
               my
               challenging
               them
               ,
               might
               seem
               a
               personal
               disobliging
               and
               exasperation
               of
               them
               against
               me
               ,
               after
               they
               were
               sworn
               and
               fixed
               .
            
             
               The
               Sollicitor
               also
               had
               a
               long
               whisper
               with
               the
               Foreman
               of
               the
               Jury
               ,
               in
               the
               Court
               ,
               before
               they
               went
               to
               Verdict
               ,
               telling
               him
               ,
               
                 The
                 Prisoner
                 must
                 be
                 a
                 Sacrifice
                 for
                 the
                 Nation
                 ,
                 &c.
                 
              
            
             
               Suddenly
               after
               which
               I
               am
               here
               called
               to
               receive
               my
               Sentence
               .
            
             
               10.
               
               After
               the
               day
               of
               my
               Tryal
               ,
               the
               Judges
               went
               to
               Hampton-Court
               .
            
             
               11.
               
               None
               were
               more
               forward
               to
               absolve
               the
               King
               from
               his
               Grant
               about
               my
               Life
               ,
               than
               they
               that
               had
               appeared
               most
               forward
               in
               promoting
               the
               Bill
               by
               way
               of
               Petition
               to
               the
               King
               ,
               for
               it
               .
               This
               Grant
               ,
               being
               upon
               Record
               ,
               may
               seem
               to
               have
               the
               same
               validity
               that
               other
               Acts
               of
               Parliament
               have
               ,
               which
               are
               still
               but
               the
               two
               Houses
               Petition
               to
               the
               King
               for
               his
               Assent
               to
               the
               Bills
               by
               them
               drawn
               up
               and
               passed
               .
               They
               used
               this
               ,
               as
               a
               means
               to
               induce
               the
               King
               to
               exempt
               me
               from
               all
               benefit
               of
               the
               Act
               of
               Indempnity
               and
               Oblivion
               ,
               and
               then
               at
               last
               perswade
               and
               absolve
               him
               from
               making
               good
               this
               Grant
               also
               ,
               thereby
               depriving
               me
               of
               all
               visible
               relief
               for
               my
               Life
               .
               I
               conceived
               my
               Life
               as
               secure
               by
               that
               Grant
               ,
               as
               others
               Lives
               or
               Estates
               are
               by
               the
               Act
               of
               Indempnity
               it self
               ;
               for
               what
               is
               that
               but
               the
               Bill
               of
               both
               Houses
               ,
               with
               the
               King's
               Assent
               to
               it
               ,
               upon
               their
               Petition
               ?
            
          
        
         
           
             The
             PETITION
             of
             both
             Houses
             of
             Parliament
             to
             the
             King
             's
             most
             excellent
             Majesty
             ,
             on
             the
             behalf
             of
             Sir
             Henry
             Vane
             ,
             and
             Col.
             John
             Lambert
             ,
             after
             they
             left
             them
             uncapable
             of
             having
             any
             benefit
             of
             the
             Act
             of
             Indempnity
             .
          
           
           
             To
             the
             King
             's
             most
             Excellent
             Majesty
             .
             The
             humble
             Petition
             of
             the
             Lords
             and
             Commons
             assembled
             in
             PARLIAMENT
             .
          
           
             Sheweth
             ,
          
           
             THat
             Your
             Majesty
             having
             declared
             your
             gracious
             pleasure
             to
             proceed
             only
             against
             the
             immediate
             Murderers
             of
             your
             Royal
             Father
             :
             We
             your
             Majesties
             most
             humble
             Subjects
             ,
             the
             Lords
             and
             Commons
             assembled
             ,
             not
             finding
             Sir
             
               Henry
               Vane
            
             nor
             Col.
             Lambert
             to
             be
             of
             that
             number
             ,
          
           
             Are
             humble
             Suiters
             to
             Your
             Majesty
             ,
             that
             if
             they
             shall
             be
             Attainted
             ,
             that
             Execution
             ,
             as
             to
             their
             Lives
             ,
             may
             be
             remitted
             ;
          
           
             And
             as
             in
             duty
             bound
             ,
             &c.
             
          
           
             The
             said
             Petition
             being
             read
             ,
             it
             was
             agreed
             to
             ,
             and
             ordered
             to
             be
             presented
             to
             his
             Majesty
             by
             the
             Lord
             Chancellor
             .
          
           
             The
             Lord
             Chancellor
             reported
             ,
             That
             he
             had
             presented
             the
             Petition
             of
             both
             Houses
             ,
             to
             the
             King's
             Majesty
             ,
             concerning
             Sir
             
               Henry
               Vane
            
             and
             Col.
             Lambert
             ,
             and
             his
             Majesty
             grants
             the
             Desires
             in
             the
             said
             Petition
             .
          
           
             
               John
               Browne
               ,
               Cler.
               Parliamentorum
               .
            
          
        
         
           
             Concerning
             the
             Proceedings
             of
             the
             Court.
             
          
           
             1.
             
             THe
             Judges
             denied
             Counsel
             to
             the
             Prisoner
             ,
             on
             this
             pretext
             ,
             that
             they
             (
             as
             they
             were
             to
             be
             )
             would
             be
             his
             Counsel
             .
             They
             are
             the
             King's
             Commissary
             Judges
             ,
             preferred
             and
             paid
             for
             their
             work
             by
             the
             King
             ,
             who
             (
             in
             this
             case
             )
             was
             ,
             through
             evil
             and
             false
             suggestions
             ,
             rendred
             the
             Prisoners
             chief
             or
             only
             Adversary
             ,
             whose
             Death
             he
             stood
             accused
             of
             imagining
             and
             compassing
             .
             What
             Counsel
             or
             Assistance
             the
             Prisoner
             was
             like
             to
             have
             from
             them
             ,
             let
             the
             World
             judge
             .
          
           
             2.
             
             His
             Jury
             consisted
             of
             persons
             that
             had
             been
             engaged
             against
             him
             ,
             in
             that
             very
             Controversie
             and
             Cause
             for
             which
             he
             was
             tryed
             .
             A
             Forreigner
             ,
             in
             any
             Criminal
             Case
             amongst
             us
             ,
             may
             require
             six
             of
             his
             Jurors
             to
             be
             of
             his
             own
             Countrymen
             ;
             a
             French-man
             ,
             six
             French-men
             ;
             a
             Dutch-man
             ,
             six
             Dutch-men
             ;
             &c.
             
             There
             was
             but
             one
             here
             (
             that
             was
             suspected
             only
             to
             have
             something
             of
             an
             English
             man
             in
             him
             )
             sworn
             of
             the
             Jury
             ;
             and
             the
             Lord
             Chief
             Justice
             sharply
             rebuked
             the
             Clerk
             of
             
             the
             Court
             ,
             alledging
             ,
             that
             he
             knew
             not
             but
             he
             might
             have
             brought
             bread
             and
             cheese
             in
             his
             pocket
             ,
             and
             would
             keep
             them
             all
             night
             ,
             with
             other
             words
             to
             like
             purpose
             .
          
           
             3.
             
             The
             Prisoner
             was
             not
             suffered
             to
             speak
             a
             word
             to
             the
             Jury
             ,
             after
             the
             King's
             Counsel
             had
             spoken
             ,
             to
             take
             off
             the
             aggravating
             glosses
             they
             had
             put
             upon
             his
             pretended
             crime
             ;
             and
             the
             Judges
             ,
             (
             that
             said
             they
             would
             be
             the
             Prisoner's
             Counsel
             )
             dismissed
             the
             Jury
             ,
             possessed
             with
             the
             last
             exasperating
             charge
             ,
             given
             by
             those
             ,
             who
             were
             both
             the
             Accusers
             and
             professed
             Counsel
             against
             him
             .
          
           
             4.
             
             The
             Prisoner
             ,
             on
             his
             Sentence-day
             ,
             challenged
             the
             Sollicitor
             before
             the
             Court
             ,
             as
             to
             the
             injury
             done
             him
             on
             the
             day
             of
             his
             Tryal
             ,
             by
             his
             large
             and
             bitter
             Invective
             ,
             which
             he
             had
             not
             liberty
             to
             reply
             to
             ,
             (
             for
             the
             vindicating
             of
             his
             own
             Innocency
             ,
             and
             unpejudicing
             the
             Juries
             understanding
             )
             in
             the
             fittest
             season
             .
          
           
             The
             Judges
             that
             had
             promised
             him
             (
             before
             pleading
             )
             they
             would
             be
             his
             Counsel
             (
             instead
             of
             relieving
             him
             herein
             ,
             as
             in
             all
             reason
             they
             ought
             )
             afforded
             him
             no
             other
             answer
             ,
             but
             a
             sharp
             Rebuke
             ,
             for
             criminating
             and
             scandalizing
             the
             Court
             ,
             together
             with
             some
             threatning
             expressions
             .
             But
             what
             need
             had
             he
             to
             regard
             their
             threatnings
             ,
             that
             he
             saw
             resolved
             to
             pass
             a
             Sentence
             of
             Death
             upon
             him
             ,
             say
             what
             he
             would
             ?
          
           
             The
             main
             thing
             he
             charged
             the
             Sollicitor
             with
             ,
             was
             his
             saying
             openly
             in
             Court
             ,
             
               that
               he
               must
               be
               made
               a
               publick
               Sacrifice
               ,
            
             (
             shewing
             no
             reason
             why
             )
             and
             of
             whispering
             to
             the
             Foreman
             of
             the
             Jury
             ,
             in
             the
             Court
             ,
             before
             they
             went
             to
             Verdict
             ;
             a
             thing
             notoriously
             against
             all
             Law
             and
             Reason
             .
             Amongst
             other
             things
             ,
             he
             had
             also
             said
             ,
             
               What
               Counsel
               did
               the
               Prisoner
               think
               would
               (
               or
               durst
               )
               speak
               for
               him
               ,
               in
               such
               a
               manifest
               Case
               of
               Treason
               ,
               unless
               he
               could
               call
               down
               the
               heads
               of
               those
               his
               fellow-Traitors
            
             (
             Bradshaw
             or
             Cook
             )
             
               from
               the
               top
               of
               Westminster-Hall
            
             ?
             (
             or
             to
             that
             effect
             )
             when
             as
             there
             were
             able
             heads
             in
             the
             bottom
             of
             Westminster-hall
             ,
             ready
             to
             have
             spoken
             to
             his
             Case
             ,
             if
             they
             might
             have
             been
             assigned
             by
             the
             Court.
             But
             what
             may
             not
             be
             said
             ,
             when
             nothing
             may
             be
             replied
             ?
             For
             a
             person
             ,
             that
             is
             designing
             his
             own
             Interest
             ,
             Honours
             ,
             Advantages
             and
             Preferments
             ,
             to
             have
             the
             last
             word
             to
             the
             Jury
             ,
             against
             a
             Prisoner
             that
             stands
             at
             the
             Bar
             in
             danger
             of
             his
             Life
             ,
             (
             and
             that
             ,
             a
             person
             of
             so
             generally
             acknowledged
             worth
             and
             publick
             concern
             )
             and
             to
             perform
             it
             with
             impertinent
             flashes
             of
             Wit
             ,
             and
             declamatory
             flourishes
             of
             Rhetorick
             ,
             (
             sending
             away
             the
             Jury
             with
             the
             fresh
             and
             last
             impressions
             of
             all
             that
             noise
             and
             buzze
             of
             his
             glosses
             upon
             the
             whole
             matter
             ,
             and
             having
             with
             irritating
             expressions
             
             misrepresented
             and
             aggravated
             the
             supposed
             crimes
             )
             is
             a
             thing
             to
             be
             hissed
             oft
             the
             stage
             of
             this
             earth
             ,
             by
             the
             common
             Reason
             of
             all
             mankind
             .
          
           
             What
             worse
             circumstances
             can
             a
             Prisoner
             be
             in
             ,
             than
             to
             stand
             at
             a
             Bar
             of
             Justice
             to
             be
             tryed
             ,
             and
             there
             hear
             his
             professed
             Accuser
             and
             Adversary
             ,
             misrepresenting
             ,
             miscalling
             ,
             and
             aggravating
             the
             actions
             he
             is
             questioned
             for
             ,
             pressing
             all
             upon
             the
             Jurors
             consciences
             with
             the
             greatest
             edge
             and
             flourish
             of
             all
             the
             Art
             ,
             Wit
             and
             Eloquence
             he
             is
             furnished
             with
             (
             as
             Tertullus
             served
             Paul
             )
             and
             then
             be
             deprived
             of
             all
             possible
             defence
             against
             his
             slanderous
             and
             injurious
             suggestions
             ?
             Paul
             was
             not
             so
             served
             ;
             he
             had
             the
             last
             word
             to
             his
             Jury
             ,
             when
             Tertullus
             had
             done
             ,
             Acts
             24.
             
             But
             the
             children
             of
             this
             world
             are
             wise
             in
             their
             generation
             ;
             they
             knew
             well
             they
             had
             to
             deal
             with
             one
             ,
             that
             had
             been
             experienced
             for
             twenty
             years
             together
             ,
             to
             be
             a
             person
             of
             a
             very
             happy
             and
             unparallel'd
             dexterity
             in
             taking
             off
             the
             paint
             and
             false
             appearances
             that
             others
             (
             by
             premeditated
             Speeches
             )
             could
             put
             upon
             ill
             matters
             ,
             with
             an
             extemporary
             breath
             .
          
           
             If
             it
             be
             said
             ,
             he
             had
             fair
             warning
             beforehand
             ,
             to
             say
             all
             that
             he
             had
             to
             mind
             the
             Jury
             of
             ,
             and
             that
             he
             was
             not
             to
             speak
             after
             the
             King's
             Counsel
             .
             It
             is
             answered
             ;
             Though
             this
             were
             hard
             at
             best
             ,
             and
             indeed
             ,
             not
             at
             all
             sutable
             to
             the
             true
             and
             lawfull
             Liberties
             of
             English-men
             ,
             yet
             were
             it
             more
             tolerable
             ,
             in
             case
             the
             King's
             Counsel
             had
             started
             no
             new
             thing
             against
             the
             Prisoner
             ,
             used
             no
             provoking
             and
             unworthy
             expressions
             ,
             or
             made
             no
             new
             and
             unforeseen
             glosses
             upon
             the
             matter
             he
             stood
             charged
             with
             .
             For
             then
             the
             Prisoner
             might
             be
             presumed
             to
             have
             sufficiently
             obviated
             beforehand
             ,
             any
             thing
             that
             would
             be
             said
             by
             the
             Counsel
             ,
             (
             had
             they
             only
             recapitulated
             )
             and
             so
             (
             probably
             )
             might
             have
             rendred
             his
             Jury
             somewhat
             uncapable
             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
             meet
             the
             King
             of
             Terrors
             ,
             without
             the
             least
             affrightment
             .
             But
             to
             shew
             where
             his
             strength
             lay
             ,
             he
             said
             ,
             
               he
               was
               a
               poor
               unworthy
               wretch
               ,
               and
               had
               nothing
               but
               the
               Grace
               and
               Goodness
               of
               God
               to
               depend
               upon
               .
            
             He
             said
             ,
             moreover
             ,
             
               Death
               shrunk
               from
               him
               ,
               rather
               than
               he
               from
               it
               .
            
             Upon
             the
             occasion
             of
             parting
             with
             his
             Relations
             ,
             he
             said
             ,
             
               There
               is
               some
               flesh
               remaining
               yet
               ,
               but
               I
               must
               cast
               it
               behind
               me
               ,
               and
               press
               forward
               to
               my
               Father
               .
            
          
           
             Then
             one
             of
             the
             Sheriffs
             men
             came
             in
             and
             told
             him
             ,
             There
             was
             no
             Sled
             to
             come
             ,
             but
             he
             was
             to
             walk
             on
             foot
             .
          
           
             
               He
               told
               his
               Friends
               ,
               the
               Sheriffs
               Chaplain
               came
               to
               him
               at
               twelve
               of
               the
               clock
               that
               night
               ,
               with
               an
               Order
               for
               his
               Execution
               ,
               telling
               him
               ,
               he
               was
               come
               to
               bring
               him
               that
               fatal
               Message
               of
               Death
               .
            
             I
             think
             (
             Friends
             )
             that
             in
             this
             Message
             was
             no
             dismalness
             at
             all
             ;
             After
             the
             receipt
             of
             which
             ,
             I
             slept
             four
             hours
             so
             soundly
             ,
             that
             the
             Lord
             hath
             made
             it
             sufficient
             for
             me
             ,
             and
             now
             I
             am
             going
             to
             sleep
             my
             last
             ,
             after
             which
             I
             shall
             need
             sleep
             no
             more
             .
          
           
             Then
             Mr.
             Sheriff
             coming
             into
             the
             Room
             ,
             was
             friendly
             saluted
             by
             him
             ,
             and
             after
             a
             little
             pause
             ,
             communicated
             a
             Prohibition
             that
             he
             said
             he
             had
             received
             ,
             which
             was
             ,
             That
             he
             must
             not
             speak
             any
             thing
             against
             his
             Majesty
             ,
             or
             the
             Government
             .
             His
             Answer
             to
             this
             he
             himself
             relates
             on
             the
             Scaffold
             .
             He
             further
             told
             Mr.
             Sheriff
             ,
             he
             was
             ready
             
             but
             the
             Sheriff
             said
             ,
             he
             was
             not
             ,
             nor
             could
             be
             this
             half
             hour
             yet
             ;
             
               Then
               Sir
               ,
               it
               rests
               on
               you
               ,
               not
               on
               me
            
             (
             said
             Sir
             
               Henry
               )
               for
               I
               have
               been
               ready
               this
               half
               hour
               .
            
             Then
             the
             Shriff
             ,
             at
             his
             request
             ,
             promised
             him
             his
             servants
             should
             attend
             him
             on
             the
             Scaffold
             and
             be
             civilly
             dealt
             with
             ,
             neither
             of
             which
             were
             performed
             ,
             for
             (
             notwithstanding
             this
             promise
             )
             they
             were
             beaten
             and
             kept
             off
             the
             Scaffold
             ,
             till
             he
             said
             ,
             
               What
               ?
               have
               I
               never
               a
               servant
               here
               ?
            
          
           
             After
             this
             ,
             one
             of
             the
             Sheriffs
             men
             came
             and
             told
             him
             ,
             there
             must
             be
             a
             Sled
             ;
             to
             which
             Sir
             Henry
             replied
             ,
             
               Any
               way
               ,
               how
               they
               please
               ,
               for
               I
               long
               to
               be
               at
               home
               ,
               to
               be
               dissolved
               and
               to
               be
               with
               Christ
               ,
               which
               is
               best
               of
               all
               .
            
             He
             went
             very
             chearfully
             and
             readily
             down
             the
             stairs
             from
             his
             Chamber
             ,
             and
             seated
             himself
             on
             the
             Sled
             ,
             (
             Friends
             and
             Servants
             standing
             about
             him
             )
             then
             he
             was
             forthwith
             drawn
             away
             towards
             the
             Scaffold
             .
             As
             he
             went
             ,
             some
             in
             the
             Tower
             (
             Prisoners
             as
             well
             as
             others
             )
             spake
             to
             him
             ,
             praying
             the
             Lord
             to
             go
             with
             him
             .
             And
             after
             he
             was
             out
             of
             the
             Tower
             ,
             from
             the
             tops
             of
             houses
             and
             out
             of
             windows
             ,
             the
             people
             used
             such
             means
             and
             gestures
             as
             might
             best
             discover
             at
             a
             distance
             ,
             their
             respects
             and
             love
             to
             him
             ,
             crying
             aloud
             ,
             
               The
               Lord
               go
               with
               you
               ,
               The
               great
               God
               of
               Heaven
               and
               Earth
               appear
               in
               you
               ,
               and
               for
               you
            
             ;
             whereof
             he
             took
             what
             notice
             he
             was
             capable
             in
             those
             circumstances
             ,
             in
             a
             chearful
             manner
             accepting
             their
             respect
             ,
             putting
             off
             his
             Hat
             and
             bowing
             to
             them
             .
             Being
             asked
             several
             times
             ,
             how
             he
             did
             ,
             by
             some
             about
             him
             ,
             he
             answered
             ,
             
               Never
               better
               in
               all
               my
               life
               .
            
             Another
             replied
             ,
             How
             should
             he
             do
             ill
             that
             suffers
             for
             so
             glorious
             a
             Cause
             ?
             To
             which
             a
             tall
             black
             man
             said
             .
             Many
             suffered
             for
             a
             better
             Cause
             ;
             
               and
               may
               for
               a
               worse
            
             ,
             said
             Sir
             Henry
             ,
             wishing
             ,
             
               That
               when
               they
               come
               to
               seal
               their
            
             better
             Cause
             (
             
               as
               he
               called
               it
               )
               with
               their
               Blood
               (
               as
               he
               was
               now
               going
               to
               seal
               his
               )
               they
               might
               not
               find
               themselves
               deceived
               ;
               And
               as
               to
               this
               Cause
               ,
            
             said
             he
             ,
             
               it
               hath
               given
               Life
               in
               Death
               ,
               to
               all
               the
               Owners
               of
               it
               ,
               and
               Sufferers
               for
               it
               .
            
          
           
             Being
             passed
             within
             the
             Rails
             on
             Tower-hill
             ,
             there
             were
             many
             loud
             acclamations
             of
             the
             people
             ,
             crying
             out
             ,
             
               The
               Lord
               Jesus
               go
               with
               your
               dear
               Soul
               ,
               &c.
               
            
             One
             told
             him
             ,
             that
             was
             the
             most
             glorious
             Seat
             he
             ever
             sate
             on
             ;
             he
             answered
             ,
             
               It
               is
               so
               indeed
            
             ,
             and
             rejoyced
             exceedingly
             .
          
           
             Being
             come
             to
             the
             Scaffold
             ,
             he
             chearfully
             ascends
             ,
             and
             being
             up
             ,
             after
             the
             crowd
             on
             the
             Scaffold
             was
             broken
             in
             two
             pieces
             ,
             to
             make
             way
             for
             him
             ,
             he
             shewed
             himself
             to
             the
             People
             on
             the
             front
             of
             the
             Scaffold
             ,
             with
             that
             Noble
             and
             Christian-like
             deportment
             ,
             that
             he
             rather
             seemed
             a
             looker-on
             ,
             than
             the
             person
             concerned
             in
             the
             Execution
             ,
             Insomuch
             that
             it
             was
             difficult
             to
             perswade
             many
             of
             the
             People
             ,
             that
             he
             
             was
             the
             Prisoner
             .
             But
             when
             they
             knew
             that
             the
             Gentleman
             in
             the
             black
             Sute
             and
             Cloak
             (
             with
             a
             Scarlet
             silk
             Wastcoat
             (
             the
             victorious
             colour
             )
             shewing
             it self
             at
             the
             breast
             )
             was
             the
             Prisoner
             ,
             they
             generally
             admired
             that
             Noble
             and
             great
             Presence
             he
             appeared
             with
             .
             How
             chearful
             he
             is
             !
             said
             some
             ;
             he
             does
             not
             look
             like
             a
             dying-man
             !
             said
             others
             ;
             with
             many
             like
             speeches
             ,
             as
             astonished
             with
             that
             strange
             appearance
             he
             shined
             forth
             in
             .
          
           
             Then
             (
             silence
             being
             commanded
             by
             the
             Sheriff
             )
             lifting
             up
             his
             hands
             and
             eyes
             towards
             Heaven
             ,
             and
             then
             resting
             his
             hands
             on
             the
             Rails
             ,
             and
             taking
             a
             very
             serious
             ,
             composed
             and
             majestick
             view
             of
             the
             great
             multitude
             about
             him
             ,
             he
             spake
             as
             followeth
             .
          
        
         
           
             His
             SPEECH
             on
             the
             SCAFFOLD
             .
          
           
             
               Gentlemen
               ,
               fellow-Countrymen
               ,
               and
               Christians
               ,
            
          
           
             VVHen
             Mr.
             Sheriff
             came
             to
             me
             this
             morning
             ,
             and
             told
             me
             he
             had
             received
             a
             Command
             from
             the
             King
             ,
             that
             I
             should
             say
             nothing
             reflecting
             upon
             his
             Majesty
             or
             the
             Government
             ;
             I
             answered
             ,
             I
             should
             confine
             and
             order
             my
             Speech
             ,
             as
             near
             as
             I
             could
             ,
             so
             as
             to
             be
             least
             offensive
             ,
             saving
             my
             faithfulness
             to
             the
             Trust
             reposed
             in
             me
             ,
             which
             I
             must
             ever
             discharge
             with
             a
             good
             Conscience
             unto
             Death
             ;
             for
             I
             ever
             valued
             a
             man
             ,
             according
             to
             his
             faithfulness
             to
             the
             Trust
             reposed
             in
             him
             ,
             even
             on
             his
             Majesties
             behalf
             ,
             in
             the
             late
             Controversie
             .
             And
             if
             you
             dare
             trust
             my
             discretion
             ,
             Mr.
             Sheriff
             ,
             I
             shall
             do
             nothing
             but
             what
             becomes
             a
             good
             Christian
             and
             an
             Englishman
             ;
             and
             so
             I
             hope
             I
             shall
             be
             civilly
             dealt
             with
             .
          
           
             When
             Mr.
             Sheriffs
             Chaplain
             came
             to
             me
             last
             night
             about
             twelve
             of
             the
             clock
             ,
             to
             bring
             me
             ,
             as
             he
             called
             it
             ,
             the
             fatal
             Message
             of
             Death
             ,
             it
             pleased
             the
             Lord
             to
             bring
             that
             Scripture
             to
             my
             mind
             ,
             in
             the
             third
             of
             Zechary
             ,
             to
             intimate
             to
             me
             ,
             that
             he
             was
             now
             taking
             away
             my
             filthy
             garments
             ,
             causing
             mine
             iniquities
             to
             pass
             from
             me
             ,
             with
             intention
             to
             give
             me
             change
             of
             raiment
             ,
             and
             that
             my
             mortal
             should
             put
             on
             Immortality
             .
          
           
             I
             suppose
             you
             may
             wonder
             when
             I
             shall
             tell
             you
             that
             I
             am
             not
             brought
             hither
             according
             to
             any
             known
             Law
             of
             the
             Land.
             It
             is
             true
             ,
             I
             have
             been
             before
             a
             Court
             of
             Justice
             ,
             (
             and
             am
             now
             going
             to
             appear
             before
             a
             greater
             Tribunal
             ,
             where
             I
             am
             to
             give
             an
             account
             of
             all
             my
             actions
             )
             under
             their
             Sentence
             I
             stand
             here
             at
             this
             time
             .
             When
             I
             was
             before
             them
             ,
             I
             could
             not
             have
             the
             liberty
             and
             priviledge
             of
             an
             Englishman
             ,
             the
             grounds
             ,
             reasons
             ,
             and
             causes
             of
             the
             Actings
             I
             was
             charged
             
             with
             ,
             duly
             considered
             :
             I
             therefore
             desired
             the
             Judges
             ,
             that
             they
             would
             set
             their
             Seals
             to
             my
             Bill
             of
             Exceptions
             ;
             I
             pressed
             hard
             for
             it
             again
             and
             again
             ,
             as
             the
             Right
             of
             my self
             ,
             and
             every
             free-born
             English-man
             ,
             by
             the
             Law
             of
             the
             Land
             ;
             but
             was
             finally
             denied
             it
             .
             —
          
           
             Here
             Sir
             
               John
               Robinson
            
             (
             Lieutenant
             of
             the
             Tower
             )
             interrupted
             him
             ,
             saying
             ,
             Sir
             ,
             you
             must
             not
             go
             on
             thus
             ,
             and
             (
             in
             a
             furious
             manner
             ,
             generally
             observed
             ,
             even
             to
             the
             dis-satisfaction
             of
             some
             of
             their
             own
             attendants
             )
             said
             ,
             that
             he
             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
             (
             even
             whilst
             here
             in
             the
             body
             )
             be
             made
             partaker
             of
             Eternal
             Life
             ,
             in
             the
             first
             fruits
             of
             it
             ;
             and
             at
             last
             sit
             down
             with
             Christ
             in
             Glory
             ,
             at
             his
             right-hand
             .
          
           
             Here
             I
             shall
             mention
             some
             remarkable
             passages
             and
             changes
             of
             my
             Life
             ;
             In
             particular
             ,
             how
             unsought
             for
             by
             my self
             ,
             I
             was
             called
             to
             be
             a
             Member
             of
             the
             
               Long
               Parliament
            
             ;
             what
             little
             advantage
             I
             had
             by
             it
             ;
             and
             by
             what
             steps
             I
             became
             satisfied
             with
             the
             Cause
             I
             was
             engaged
             in
             ,
             and
             did
             pursue
             the
             same
             .
          
           
           
             What
             the
             Cause
             was
             ,
             did
             first
             shew
             it self
             ,
             in
             the
             
               first
               Remonstrance
               of
               the
               House
               of
               Commons
               .
            
          
           
             
               Secondly
               ,
               in
               the
            
             Solemn
             League
             and
             Covenant
             .
          
           
             
               Thirdly
               ,
               in
               the
            
             more
             refined
             pursuit
             of
             it
             by
             the
             Commons
             House
             ,
             in
             their
             Actings
             single
             :
             
               with
               what
               Result
               they
               were
               growing
               up
               into
               ,
               which
               was
               in
               the
               breast
               of
               the
               House
               ,
               and
               unknown
               ;
               or
               what
               the
            
             three
             Proposals
             ,
             
               mentioned
               in
               my
               Charge
               ,
               would
               have
               come
               to
               at
               last
               ,
               I
               shall
               not
               need
               now
               to
               say
               ;
               but
               only
               ,
               from
               all
               put
               together
               ,
               to
               assert
               ,
            
             That
             this
             Cause
             which
             was
             owned
             by
             the
             Parliament
             ,
             was
             the
             CAUSE
             of
             GOD
             ,
             and
             for
             the
             Promoting
             of
             the
             Kingdom
             of
             his
             dear
             Son
             ,
             
               JESUS
               CHRIST
            
             ;
             wherein
             are
             comprehended
             our
             Liberties
             and
             Duties
             ,
             both
             as
             Men
             and
             as
             Christians
             .
          
           
             And
             since
             it
             hath
             pleased
             God
             ,
             who
             separated
             me
             from
             the
             womb
             to
             the
             knowledge
             and
             service
             of
             the
             Gospel
             of
             his
             Son
             ,
             to
             separate
             me
             also
             to
             this
             hard
             and
             difficult
             service
             at
             this
             time
             ,
             and
             to
             single
             me
             out
             to
             the
             defence
             and
             justification
             of
             this
             his
             Cause
             ,
             I
             could
             not
             consent
             by
             any
             words
             or
             actions
             of
             mine
             ,
             that
             the
             innocent
             Blood
             that
             hath
             been
             shed
             in
             the
             defence
             of
             it
             ,
             throughout
             the
             whole
             War
             ,
             (
             
               the
               Guilt
               and
               moral
               evil
               of
               which
               ,
               must
               and
               does
               certainly
               lye
               somewhere
            
             )
             did
             lye
             at
             my
             door
             ,
             or
             at
             theirs
             that
             have
             been
             the
             faithful
             Adherers
             to
             this
             Cause
             .
             This
             is
             with
             such
             evidence
             upon
             my
             heart
             ,
             that
             I
             am
             most
             freely
             and
             chearfully
             willing
             ,
             to
             put
             the
             greatest
             Seal
             to
             it
             I
             am
             capable
             ,
             which
             is
             ,
             the
             pouring
             out
             of
             my
             very
             Blood
             in
             witness
             to
             it
             ;
             which
             is
             all
             I
             shall
             need
             to
             say
             in
             this
             place
             ,
             and
             at
             this
             time
             ,
             having
             spoken
             at
             large
             to
             it
             in
             my
             Defence
             at
             my
             Tryal
             ,
             intending
             to
             have
             said
             more
             the
             last
             day
             ,
             as
             what
             I
             thought
             was
             reasonable
             for
             
               Arrest
               of
               the
               Judgment
            
             ,
             but
             I
             was
             not
             permitted
             then
             to
             speak
             it
             ;
             Both
             which
             may
             with
             time
             and
             God's
             providence
             ,
             come
             to
             publick
             view
             .
          
           
             And
             I
             must
             still
             assert
             ,
             That
             I
             remain
             wholly
             unsatisfied
             ,
             that
             the
             course
             of
             proceedings
             against
             me
             at
             my
             Tryal
             were
             according
             to
             Law
             ,
             but
             that
             I
             was
             run
             upon
             and
             destroyed
             ,
             contrary
             to
             Right
             ,
             and
             the
             Liberties
             of
             
               Magna
               Charta
            
             ,
             under
             the
             form
             only
             of
             Justice
             :
             which
             I
             leave
             to
             God
             to
             decide
             ,
             who
             is
             the
             Judge
             of
             the
             whole
             World
             ,
             and
             to
             clear
             my
             Innocency
             ;
             Whilst
             in
             the
             mean
             time
             ,
             I
             beseech
             him
             to
             forgive
             them
             ,
             and
             all
             that
             have
             had
             a
             hand
             in
             my
             Death
             ;
             and
             that
             the
             Lord
             in
             his
             great
             mercy
             will
             not
             lay
             it
             unto
             their
             charge
             .
          
           
             And
             I
             do
             account
             this
             Lot
             of
             mine
             no
             other
             ,
             than
             what
             is
             to
             be
             expected
             by
             those
             that
             are
             not
             of
             the
             World
             ,
             but
             whom
             Christ
             hath
             chosen
             out
             of
             it
             ;
             for
             the
             Servant
             is
             not
             greater
             than
             his
             Lord
             ;
             And
             if
             they
             have
             done
             this
             to
             the
             green
             tree
             ,
             they
             will
             do
             it
             much
             more
             to
             the
             dry
             .
          
           
           
             However
             ,
             I
             shall
             not
             altogether
             excuse
             my self
             .
             I
             know
             ,
             that
             by
             many
             weaknesses
             and
             failers
             ,
             I
             have
             given
             occasion
             enough
             of
             the
             ill
             usage
             I
             have
             met
             with
             from
             men
             ,
             though
             ,
             in
             the
             main
             ,
             the
             Lord
             knows
             the
             sincerity
             and
             integrity
             of
             my
             heart
             ,
             whatever
             Aspersions
             and
             Reproaches
             I
             have
             or
             do
             lye
             under
             .
             I
             know
             also
             that
             God
             is
             just
             ,
             in
             bringing
             this
             Sentence
             and
             Condemnation
             upon
             me
             ,
             for
             my
             sins
             ;
             there
             is
             a
             body
             of
             sin
             and
             death
             in
             me
             ,
             deserves
             this
             Sentence
             ;
             and
             there
             is
             a
             similitude
             and
             likeness
             also
             ,
             that
             ,
             as
             a
             Christian
             ,
             God
             thinks
             me
             worthy
             to
             bear
             with
             my
             Lord
             and
             head
             ,
             in
             many
             circumstances
             in
             reference
             to
             these
             dealings
             I
             have
             met
             with
             ,
             in
             the
             good
             I
             have
             been
             endeavouring
             for
             many
             years
             to
             be
             doing
             in
             these
             Nations
             ,
             and
             especially
             now
             at
             last
             ,
             in
             being
             numbred
             amongst
             transgressors
             and
             made
             a
             publick
             Sacrifice
             ,
             through
             the
             wrath
             and
             contradictions
             of
             men
             ,
             and
             in
             having
             finished
             my
             course
             ,
             and
             fought
             the
             good
             fight
             of
             Faith
             ,
             and
             resisted
             in
             a
             way
             of
             suffering
             (
             as
             you
             see
             )
             even
             unto
             blood
             .
          
           
             This
             is
             but
             the
             needful
             preparation
             the
             Lord
             hath
             been
             working
             in
             me
             ,
             to
             the
             receiving
             of
             the
             Crown
             of
             Immortality
             ,
             which
             he
             hath
             prepared
             for
             them
             that
             love
             him
             ,
             The
             prospect
             whereof
             is
             so
             chearing
             ,
             that
             through
             the
             Joy
             (
             in
             it
             )
             that
             is
             set
             before
             the
             eyes
             of
             my
             Faith
             ,
             I
             can
             ,
             through
             mercy
             ,
             
               endure
               this
               Cross
               ,
               despise
               this
               Shame
               ,
            
             and
             am
             become
             
               more
               than
               Conquerour
            
             ,
             through
             Christ
             that
             hath
             loved
             me
             .
          
           
             For
             my
             Life
             ,
             Estate
             and
             all
             ,
             is
             not
             so
             dear
             to
             me
             as
             my
             Service
             to
             God
             ,
             to
             his
             Cause
             ,
             to
             the
             Kingdom
             of
             Christ
             ,
             and
             the
             future
             welfare
             of
             my
             Country
             ;
             and
             I
             am
             taught
             according
             to
             the
             Example
             ,
             as
             well
             as
             that
             most
             Christian
             saying
             of
             a
             Noble
             Person
             that
             lately
             died
             after
             this
             publick
             manner
             in
             Scotland
             ;
             
               How
               much
               better
               is
               it
               to
               chuse
               Affliction
               and
               the
               Cross
               ,
               than
               to
               sin
               or
               draw
               back
               from
               the
               Service
               of
               the
               Living
               God
               ,
               into
               the
               wayes
               of
               Apostacy
               and
               Perdition
               .
            
          
           
             That
             Noble
             Person
             ,
             whose
             Memory
             I
             honour
             ,
             was
             with
             my self
             at
             the
             beginning
             and
             making
             of
             the
             
               Solemn
               League
               and
               Covenant
            
             ,
             the
             Matter
             of
             which
             ,
             and
             the
             holy
             Ends
             therein
             contained
             ,
             I
             fully
             assent
             unto
             ,
             and
             have
             been
             as
             desirous
             to
             observe
             ;
             but
             the
             rigid
             way
             of
             prosecuting
             it
             ,
             and
             the
             
               oppressing
               Uniformity
            
             that
             hath
             bin
             endeavored
             by
             it
             .
             I
             never
             approved
             .
          
           
             This
             were
             sufficient
             to
             vindicate
             me
             from
             the
             false
             Aspersions
             and
             Calumnies
             which
             have
             been
             laid
             upon
             me
             ,
             of
             Jesuitism
             and
             Popery
             ,
             and
             almost
             what
             not
             ,
             to
             make
             my
             Name
             of
             ill
             savour
             with
             
               good
               men
            
             ;
             which
             dark
             mists
             do
             now
             dispel
             of
             themselves
             ,
             or
             at
             least
             ought
             ,
             and
             need
             no
             pains
             of
             mine
             in
             making
             an
             Apology
             .
          
           
             For
             if
             any
             man
             seek
             a
             proof
             of
             Christ
             in
             me
             ,
             let
             him
             reade
             it
             in
             his
             action
             of
             my
             Death
             ,
             which
             will
             not
             cease
             to
             speak
             when
             I
             am
             gone
             ;
             
               And
               henceforth
               let
               no
               man
               trouble
               me
               ,
               for
               I
               bear
               in
               my
               body
               the
               marks
               of
               the
               Lord
               Jesus
               .
            
          
           
           
             I
             shall
             not
             desire
             in
             this
             place
             to
             take
             up
             much
             time
             ,
             but
             only
             ,
             as
             my
             last
             words
             ,
             leave
             this
             with
             you
             :
             
               That
               as
               the
               present
               storm
               we
               now
               lie
               under
               ,
               and
               the
               dark
               Clouds
               that
               yet
               hang
               over
               the
               Reformed
               Churches
               of
               Christ
               ,
               (
               which
               are
               coming
               thicker
               and
               thicker
               for
               a
               season
               )
               were
               not
               un-fore-seen
               by
               me
               for
               many
               years
               passed
               ,
               (
               as
               some
               Writings
               of
               mine
               declare
               :
               )
               So
               the
               coming
               of
               Christ
               in
               these
               Clouds
               ,
               in
               order
               to
               a
               speedy
               and
               sudden
               Revival
               of
               his
               Cause
               ,
               and
               spreading
               his
               Kingdom
               over
               the
               face
               of
               the
               whole
               Earth
               ,
               is
               most
               clear
               to
               the
               eye
               of
               my
               Faith
               ,
               even
               that
               Faith
               in
               which
               I
               dye
               ,
               whereby
               the
               Kingdoms
               of
               this
               world
               shall
               become
               the
               Kingdom
               of
               our
               Lord
               ,
               and
               of
               his
               Christ
               .
               Amen
               .
               Even
               so
               ,
               come
               ,
               Lord
               Jesus
               .
            
          
        
         
           
             Some
             Passages
             of
             his
             PRAYER
             on
             the
             Scaffold
             .
          
           
             THe
             Heaven
             is
             thy
             Throne
             ,
             O
             Lord
             ,
             and
             the
             Earth
             is
             thy
             footstool
             ,
             but
             to
             this
             man
             wilt
             thou
             look
             ,
             
               even
               to
               him
               that
               is
               poor
               ,
               and
               of
               a
               contrite
               spirit
               ,
               and
               trembleth
               at
               thy
               Word
               .
            
             Thou
             ,
             O
             Lord
             ,
             art
             the
             great
             God
             of
             Heaven
             and
             Earth
             ,
             thou
             fillest
             all
             places
             with
             thy
             presence
             ,
             art
             the
             Judge
             of
             the
             whole
             World
             ,
             and
             dost
             Righteousness
             .
             We
             are
             poor
             unworthy
             sinful
             creatures
             ,
             by
             nature
             children
             of
             wrath
             as
             well
             as
             others
             :
             We
             are
             wise
             to
             do
             evil
             ,
             but
             to
             do
             good
             we
             have
             no
             knowledge
             .
             If
             to
             will
             be
             present
             with
             us
             ,
             yet
             how
             to
             perform
             and
             go
             through
             with
             that
             which
             is
             good
             ,
             and
             not
             be
             weary
             of
             well-doing
             ,
             we
             find
             not
             .
          
           
             Bring
             us
             ,
             O
             Lord
             ,
             into
             the
             true
             mystical
             Sabbath-state
             ,
             that
             we
             may
             cease
             from
             our
             own
             works
             ,
             rest
             from
             our
             labors
             ,
             not
             think
             our
             own
             thoughts
             ,
             find
             our
             own
             desire
             ,
             or
             walk
             in
             the
             way
             of
             our
             own
             hearts
             ,
             but
             become
             a
             meet
             habitation
             of
             thy
             Spirit
             by
             the
             everlasting
             Covenant
             ,
             the
             place
             of
             thy
             Rest
             .
             Let
             the
             Spirit
             of
             God
             and
             of
             Glory
             ,
             that
             is
             greater
             than
             he
             that
             is
             in
             the
             world
             ,
             rest
             upon
             us
             ,
             work
             in
             and
             by
             us
             mightily
             ,
             to
             the
             pulling
             down
             of
             flesh
             and
             blood
             ,
             the
             strong
             holds
             of
             Sin
             and
             Satan
             in
             our selves
             and
             others
             ,
             causing
             us
             so
             to
             suffer
             under
             the
             Fire-Baptism
             thereof
             ,
             as
             that
             we
             may
             cease
             from
             sin
             for
             ever
             ,
             or
             from
             that
             fleshly
             ,
             mutable
             ,
             &
             temporary
             state
             of
             life
             and
             righteousness
             ,
             which
             at
             best
             is
             liable
             to
             roul
             back
             into
             sin
             again
             ,
             to
             be
             intangled
             ,
             overcome
             ,
             and
             finally
             triumphed
             over
             by
             the
             pollutions
             of
             this
             world
             .
             Deliver
             us
             ,
             O
             Lord
             ,
             from
             the
             Evil
             One
             ,
             deliver
             us
             from
             our selves
             ,
             take
             us
             out
             of
             our
             own
             dispose
             ,
             our
             own
             liberty
             and
             power
             ,
             the
             freedom
             ,
             the
             mutable
             holiness
             and
             righteousness
             of
             the
             sons
             of
             men
             ,
             at
             its
             best
             ,
             and
             bring
             us
             into
             the
             most
             glorious
             Liberty
             ,
             the
             most
             holy
             immutable
             and
             righteous
             state
             of
             the
             sons
             of
             God
             ,
             a
             freedom
             to
             Good
             only
             ,
             and
             non
             at
             all
             to
             
             evil
             ,
             attended
             and
             accompanied
             with
             a
             power
             in
             us
             ,
             through
             thy
             Spirit
             ,
             of
             doing
             all
             things
             for
             the
             Truth
             ,
             and
             a
             disability
             brought
             upon
             us
             as
             to
             the
             doing
             of
             any
             thing
             against
             the
             Truth
             ,
             in
             the
             single
             power
             and
             freedom
             of
             our
             own
             spirit
             .
             Then
             the
             prince
             of
             this
             world
             coming
             to
             us
             ,
             will
             find
             nothing
             in
             us
             ;
             at
             least
             ,
             no
             prevailing
             activity
             of
             self
             ,
             nature
             or
             flesh
             ,
             which
             at
             best
             ,
             is
             capable
             to
             be
             made
             by
             him
             an
             ergin
             of
             opposition
             to
             the
             Kingdom
             of
             Christ
             ,
             and
             our
             own
             true
             blessedness
             .
             Thou
             hast
             laid
             on
             thy
             Son
             the
             iniquities
             of
             us
             all
             ;
             
               by
               his
               st●ipes
               we
               are
               healed
               .
            
             We
             must
             all
             stand
             before
             the
             Judgment-Seat
             of
             Christ
             ,
             to
             give
             an
             account
             of
             what
             we
             have
             done
             in
             the
             body
             whether
             it
             be
             good
             or
             whether
             it
             be
             evil
             .
             He
             will
             bring
             every
             secret
             counsel
             to
             light
             ;
             things
             that
             are
             wrought
             in
             darkness
             ,
             he
             maketh
             plain
             and
             evident
             .
             Thine
             eyes
             ,
             O
             Lord
             ,
             run
             to
             and
             fro
             through
             the
             whole
             earth
             .
             
               Thine
               eyes
               do
               behold
               ,
               thine
               eye-lids
               try
               the
               children
               of
               men
               .
               The
               wicked
               and
               him
               that
               loveth
               violence
               ,
               thy
               soul
               hateth
               .
               But
               thou
               upholdest
               the
               poor
               and
               needy
               ,
               him
               that
               is
               of
               a
               broken
               heart
               and
               of
               a
               contrite
               spirit
               .
               The
               humble
               and
               lowly
               thou
               wilt
               teach
               ,
               the
               meek
               thou
               wilt
               guide
               in
               Judgment
               ;
               thou
               wilt
               beautifie
               the
               meek
               with
               Salvation
               .
            
             Thou
             art
             the
             supream
             disposer
             of
             all
             the
             Kingdoms
             of
             men
             ,
             giving
             them
             to
             whomsoever
             thou
             wilt
             .
             Whatever
             cross-blows
             thou
             sufferest
             to
             be
             given
             thy
             People
             for
             a
             season
             ,
             thou
             orderest
             all
             ,
             to
             thy
             own
             glory
             ,
             and
             their
             true
             advantage
             .
             But
             thou
             hast
             a
             set
             time
             for
             Sions
             deliverance
             ,
             in
             which
             the
             greatness
             of
             the
             Kingdom
             under
             the
             whole
             Heaven
             ,
             shall
             be
             given
             unto
             the
             best
             and
             choicest
             of
             men
             ,
             the
             people
             of
             the
             Saints
             of
             the
             most
             high
             ,
             whose
             Kingdom
             is
             an
             everlasting
             Kingdom
             .
             Let
             the
             exceeding
             near
             approach
             of
             this
             ,
             bear
             up
             the
             spirits
             of
             thy
             poor
             despised
             ones
             ,
             in
             this
             day
             of
             extremity
             and
             suffering
             ,
             from
             sinking
             and
             despondency
             .
             Carry
             them
             through
             their
             suffering
             part
             ,
             with
             a
             holy
             triumph
             ,
             in
             thy
             Chariots
             of
             Salvation
             .
             How
             long
             ,
             O
             Lord
             ,
             holy
             and
             true
             ?
             make
             hast
             to
             help
             the
             Remnant
             of
             thy
             People
             .
             Break
             the
             Heavens
             and
             come
             down
             ,
             touch
             the
             Mountains
             of
             prey
             ,
             the
             Kingdoms
             of
             this
             evil
             world
             ,
             and
             let
             them
             smoak
             .
             Let
             the
             mouth
             of
             all
             Iniquity
             be
             stopped
             .
             Silence
             every
             one
             that
             stands
             up
             against
             thee
             .
             Rebuke
             the
             debauched
             prophane
             spirits
             of
             men
             ,
             that
             set
             themselves
             to
             work
             wickedness
             ,
             running
             with
             greediness
             into
             all
             filthiness
             and
             superfluity
             of
             naughtiness
             .
             
               They
               eat
               thy
               People
               as
               they
               eat
               bread
               .
               They
               are
               profound
               to
               make
               slaughter
               ,
               skilful
               to
               destroy
               ,
               though
               thou
               hast
               been
               the
               rebuker
               of
               them
               all
               .
            
             But
             ,
             Lord
             ,
             be
             this
             dispensation
             of
             what
             continuance
             it
             will
             ,
             for
             the
             serving
             of
             thy
             most
             gracious
             and
             wise
             designs
             ,
             let
             the
             spirit
             and
             resolution
             of
             thy
             Servants
             be
             steady
             and
             unchangeable
             ,
             that
             whether
             they
             live
             ,
             they
             may
             live
             to
             the
             Lord
             ,
             that
             died
             for
             them
             ;
             or
             whether
             they
             die
             ,
             they
             may
             die
             to
             the
             Lord
             ,
             who
             lives
             for
             ever
             to
             make
             intercession
             for
             them
             ,
             that
             they
             may
             glorifie
             thee
             with
             their
             bodies
             and
             spirits
             ,
             whether
             by
             life
             or
             by
             death
             .
          
           
           
             Thou
             knowest
             O
             Lord
             ,
             that
             in
             the
             Faith
             of
             Jesus
             ,
             and
             for
             the
             Truth
             as
             it
             is
             in
             Jesus
             ,
             thy
             Servant
             desires
             to
             die
             ,
             walking
             in
             the
             steps
             of
             our
             father
             Abraham
             ,
             and
             for
             Righteousness
             and
             Judgment
             ,
             following
             the
             Lord
             in
             all
             his
             wayes
             whithersoever
             he
             goes
             ,
             worshipping
             the
             God
             of
             his
             believing
             fathers
             ,
             
               Abraham
               ,
               Isaac
            
             and
             Jacob
             ,
             in
             that
             way
             which
             men
             call
             Heresie
             .
             In
             this
             Faith
             ,
             dear
             Lord
             ,
             I
             have
             lived
             ,
             and
             in
             this
             Faith
             and
             Profession
             I
             die
             ,
             as
             one
             that
             hath
             herein
             stood
             up
             for
             the
             Testimony
             of
             JESUS
             against
             all
             Idolatry
             ,
             Superstition
             ,
             Prophaness
             and
             Popery
             ,
             or
             whatever
             is
             unsound
             or
             unfit
             to
             be
             brought
             before
             the
             Throne
             of
             so
             great
             and
             glorious
             a
             Majesty
             .
             'T
             is
             in
             this
             Faith
             that
             thy
             Servant
             dies
             .
             Now
             set
             thy
             Seal
             to
             it
             ,
             and
             remove
             the
             reproaches
             and
             calumnies
             with
             which
             thy
             Servant
             is
             reproached
             ,
             for
             thou
             knowst
             his
             innocency
             .
             Dear
             Father
             ,
             thou
             sentest
             us
             into
             this
             world
             ,
             but
             this
             world
             is
             not
             our
             home
             ,
             we
             are
             strangers
             and
             pilgrims
             in
             it
             ,
             as
             all
             our
             fathers
             were
             .
             We
             have
             no
             abode
             here
             ,
             but
             there
             is
             a
             house
             ,
             not
             made
             with
             hands
             ,
             eternal
             in
             the
             heavens
             ,
             that
             when
             this
             tabernacle
             is
             dissolved
             ,
             we
             may
             enter
             into
             .
             In
             our
             Fathers
             house
             are
             many
             mansions
             ;
             Oh!
             whatever
             the
             curses
             and
             condemnations
             of
             the
             Law
             are
             ,
             be
             thou
             near
             to
             us
             ,
             and
             spread
             the
             Righteousness
             of
             Christ
             over
             us
             ,
             and
             we
             shall
             be
             safe
             .
             
               Blessed
               is
               he
               ,
               whose
               transgressions
               are
               forgiven
               ,
               and
               whose
               sins
               are
               covered
               .
            
             Who
             wil
             speak
             ,
             who
             will
             take
             on
             him
             to
             say
             any
             thing
             ,
             or
             to
             plead
             with
             Thee
             ,
             upon
             any
             other
             terms
             but
             in
             the
             Name
             and
             Merits
             of
             the
             mighty
             Redeemer
             ,
             on
             whom
             our
             help
             is
             laid
             .
             We
             desire
             to
             lie
             low
             ,
             to
             be
             abased
             and
             take
             shame
             &
             confusion
             of
             face
             to
             our selves
             ,
             as
             that
             which
             properly
             belongs
             to
             us
             ,
             that
             Thou
             alone
             maist
             be
             exalted
             and
             advanced
             .
             'T
             is
             of
             meer
             Grace
             ,
             O
             Lord
             ,
             that
             thy
             Servant
             hath
             now
             some
             sign
             of
             thy
             special
             Salvation
             ,
             even
             thy
             free-Grace
             ,
             O
             God
             ,
             whereby
             thou
             dost
             accept
             him
             in
             thy
             Son.
             Lay
             him
             low
             and
             humble
             &
             abase
             his
             soul
             for
             his
             sins
             ,
             and
             all
             his
             unworthinesses
             before
             thee
             .
             Men
             cannot
             speak
             evil
             enough
             of
             our
             sins
             .
             In
             this
             perswasion
             ,
             this
             abasement
             and
             humiliation
             ,
             thy
             Servant
             desires
             to
             die
             .
             And
             ,
             dear
             Lord
             ,
             thou
             seest
             &
             knowst
             all
             things
             ,
             and
             art
             able
             to
             witness
             to
             the
             truth
             &
             integrity
             of
             thy
             Servant
             .
             When
             his
             blood
             is
             shed
             upon
             the
             Block
             ,
             let
             it
             have
             a
             voice
             afterward
             ,
             that
             may
             speak
             his
             Innocency
             ,
             and
             strengthen
             the
             Faith
             of
             thy
             Servants
             in
             the
             Truth
             .
             Let
             it
             also
             serve
             for
             conviction
             to
             the
             worst
             of
             thy
             Enemies
             ,
             that
             they
             may
             say
             ,
             Surely
             the
             Lord
             knows
             ,
             and
             the
             Lord
             owns
             his
             Servant
             ,
             as
             one
             that
             belongs
             to
             him
             .
             The
             desire
             of
             our
             soul
             is
             to
             hasten
             to
             thee
             ,
             O
             God
             ,
             to
             be
             dissolved
             ,
             that
             we
             may
             be
             with
             Christ
             .
             Blessed
             be
             thy
             Name
             ,
             that
             this
             great
             strait
             that
             we
             were
             before
             in
             ,
             is
             now
             determined
             ;
             that
             there
             is
             no
             longer
             abode
             for
             me
             in
             this
             mortal
             body
             .
             Our
             great
             Captain
             ,
             the
             great
             General
             of
             our
             souls
             ,
             did
             go
             in
             a
             way
             of
             affliction
             before
             us
             ,
             to
             Heaven
             .
             Come
             ,
             Lord
             ,
             declare
             thy
             Will
             ,
             that
             thy
             poor
             Servant
             may
             manifest
             
             a
             readiness
             to
             come
             to
             Thee
             ;
             Prepare
             his
             heart
             ,
             that
             in
             his
             access
             to
             Thee
             may
             ,
             he
             be
             brought
             down
             at
             thy
             feet
             ,
             in
             shame
             &
             confusion
             for
             all
             the
             evil
             is
             so
             of
             hul
             ;
             but
             Thou
             art
             his
             salvation
             .
             Let
             thy
             Servant
             speak
             something
             on
             the
             behalf
             of
             the
             Nation
             wherein
             he
             hath
             lived
             ;
             Lord
             ,
             did
             we
             not
             exceed
             other
             Nations
             in
             our
             day
             ?
             Great
             things
             have
             been
             done
             by
             thee
             in
             the
             midst
             of
             us
             .
             Oh
             ,
             that
             thou
             wouldst
             look
             down
             in
             pity
             &
             compassion
             ,
             and
             pardon
             the
             sins
             of
             this
             whole
             Nation
             ,
             and
             lay
             them
             not
             to
             their
             charge
             ;
             shew
             them
             what
             is
             thy
             good
             and
             acceptable
             Will
             ,
             and
             bring
             them
             into
             subjection
             thereunto
             .
             We
             humbly
             pray
             thee
             ,
             O
             Lord
             ,
             look
             down
             with
             compassion
             upon
             this
             great
             &
             populous
             City
             ,
             cleanse
             away
             the
             impurity
             ,
             sinfulness
             and
             defilements
             thereof
             ;
             cause
             their
             souls
             to
             delight
             in
             thy
             Word
             ,
             that
             they
             may
             live
             .
             Let
             a
             spirit
             of
             Reformation
             and
             Purity
             spring
             up
             in
             and
             amongst
             them
             with
             power
             ;
             make
             them
             willing
             to
             lay
             down
             all
             that
             is
             dear
             to
             them
             for
             thee
             ,
             that
             Thou
             mayst
             give
             them
             a
             Crown
             of
             Life
             ;
             that
             they
             may
             always
             desire
             &
             chuse
             affliction
             ,
             and
             to
             be
             exposed
             to
             the
             worst
             condition
             &
             hardest
             circumstances
             ,
             that
             can
             be
             brought
             upon
             them
             in
             this
             world
             ,
             rather
             than
             sin
             against
             him
             that
             hath
             loved
             them
             and
             bought
             them
             with
             a
             price
             ,
             that
             they
             might
             live
             to
             him
             in
             their
             bodies
             and
             in
             their
             spirits
             .
          
           
             We
             are
             assured
             Thou
             knowest
             our
             suffering
             case
             and
             condition
             ,
             how
             it
             is
             with
             us
             .
             We
             desire
             to
             give
             no
             just
             occasion
             of
             offence
             ,
             nor
             to
             provoke
             any
             ,
             but
             in
             meekness
             to
             forgive
             our
             Enemies
             .
             Thy
             Servant
             that
             is
             now
             falling
             asleep
             ,
             doth
             heartily
             desire
             of
             thee
             ,
             that
             thou
             wouldest
             forgive
             them
             ,
             and
             not
             lay
             this
             sin
             to
             their
             charge
             .
          
           
             
               Before
               the
               stroke
               ,
               he
               spake
               to
               this
               effect
            
             ;
             I
             bless
             the
             Lord
             who
             hath
             accounted
             me
             worthy
             to
             suffer
             for
             his
             Name
             .
             Blessed
             be
             the
             Lord
             that
             I
             have
             kept
             a
             conscience
             void
             of
             offence
             to
             this
             day
             .
             I
             bless
             the
             Lord
             I
             have
             not
             disserted
             the
             Righteous
             Cause
             ,
             for
             which
             I
             suffer
             .
          
           
             
               But
               his
               very
               last
               words
               of
               all
               at
               the
               Block
               ,
               were
               as
               followeth
            
             ;
             Father
             ,
             glorifie
             thy
             Servant
             in
             the
             sight
             of
             men
             ,
             that
             he
             may
             glorifie
             thee
             in
             the
             discharge
             of
             his
             Duty
             to
             Thee
             and
             to
             his
             Country
             .
          
           
             It
             was
             observed
             ,
             that
             no
             signs
             of
             inward
             fear
             appeared
             by
             any
             trembling
             or
             shaking
             of
             his
             hands
             ,
             or
             any
             other
             parts
             of
             his
             body
             ,
             all
             along
             on
             the
             Scaffold
             .
             Yea
             ,
             an
             ancient
             Traveller
             and
             curious
             observer
             of
             the
             demeanor
             of
             persons
             in
             such
             publick
             Executions
             ,
             did
             narrowly
             eye
             his
             Countenance
             to
             the
             last
             breath
             ,
             and
             his
             Head
             immediatly
             after
             the
             separation
             ;
             he
             observed
             that
             his
             Countenance
             did
             not
             in
             the
             least
             change
             :
             and
             whereas
             the
             Heads
             of
             all
             he
             had
             before
             seen
             ,
             did
             some
             way
             or
             other
             move
             after
             severing
             ,
             which
             argued
             some
             reluctancy
             and
             unwillingness
             to
             that
             parting-blow
             ;
             the
             Head
             of
             this
             Sufferer
             lay
             perfectly
             still
             ,
             immediately
             
             upon
             the
             separation
             :
             on
             which
             he
             said
             to
             this
             purpose
             ,
             That
             his
             Death
             was
             by
             the
             free
             consent
             and
             act
             of
             his
             mind
             ;
             which
             Animadversion
             notably
             accords
             with
             what
             the
             Sufferer
             himself
             had
             before
             expressed
             ,
             in
             differencing
             a
             death
             by
             rational
             choice
             ,
             from
             that
             by
             sickness
             ,
             which
             is
             with
             constraint
             upon
             the
             body
             .
             He
             desired
             to
             be
             dissolved
             &
             to
             be
             with
             Christ
             .
          
        
         
           
             The
             Names
             of
             the
             Grand
             Jury
             ,
             in
             the
             Case
             of
             Sir
             Henry
             Vane
             .
          
           
             SIr
             
               John
               Cropley
            
             of
             
               Clarkenwel
               ,
               London
            
             ,
             Knight
             and
             Baronet
             .
             
               Thomas
               Taylor
            
             of
             St.
             Martins
             in
             the
             Fields
             ,
             London
             ,
             
               Esq
            
             
               Francis
               Swift
            
             of
             St.
             Gyles
             in
             the
             Fields
             ,
             Esq.
             
               Jonas
               Morley
            
             of
             Hammersmith
             ,
             Gent.
             
               George
               Cooper
            
             of
             
               Covent
               Garden
            
             ,
             Gent.
             
               Thomas
               Constable
            
             of
             
               Covent
               Garden
            
             ,
             Gent.
             
               Edward
               Burrows
            
             of
             East-Smithfield
             ,
             Gent.
             
               Michael
               Dibbs
            
             of
             the
             same
             ,
             Gent.
             
               Edward
               Gregory
            
             of
             St.
             Gyles
             in
             the
             Fields
             ,
             Gent.
             
               Richard
               Freeman
            
             of
             Istington
             ,
             Gent.
             
               Thomas
               Pitcock
            
             of
             the
             same
             ,
             Gent.
             
               Richard
               Towers
            
             of
             Clarkenwel
             ,
             Gent.
             
               Robert
               Vauce
            
             of
             Paddington
             ,
             Gent.
             
               Thomas
               Benning
            
             of
             Wilsdon
             ,
             Gent.
             
               Francis
               Child
            
             of
             Acton
             ,
             Gent.
             
               Isaac
               Cotton
            
             of
             Bow
             ,
             Gent.
             
               Peter
               Towers
            
             of
             Mile-end
             ,
             Gent.
             
               Thomas
               Vffman
            
             of
             Hammersmith
             ,
             Gent.
             
               Matthew
               Child
            
             of
             Kensington
             ,
             Gent.
             
               Bryan
               Bonnaby
            
             of
             Westminster
             ,
             Gent.
             
               George
               Rouse
            
             of
             St.
             Gyles
             in
             the
             Fields
             ,
             Gent.
             Twenty
             one
             in
             all
             .
          
           
             
               The
               Names
               of
               the
               Petty
               Jury
               .
            
             
               Sir
               William
               Roberts
               .
               Sir
               Christopher
               Abdy
               .
               John
               Leech
               .
               Daniel
               Cole
               .
               John
               Stone
               .
               Daniel
               Brown.
               Henry
               Carter
               .
               Thomas
               Chelsam
               .
               Thomas
               Pitts
               .
               Thomas
               Upman
               .
               Andrew
               Brent
               .
               William
               Smith
               .
            
          
           
             
               Judges
               of
               the
               King
               's
               Bench.
               
            
             
               Chief
               Justice
               Foster
               .
               Justice
               Mallet
               .
               Justice
               Twisden
               .
               Justice
               Windham
               .
            
          
           
             
               The
               Kings
               Counsel
               against
               the
               Prisoner
               ;
               (
               no
               Counsel
               being
               permited
               to
               speake
               one
               word
               in
               his
               behalf
               ,
               to
               the
               matter
               or
               form
               of
               the
               Indictment
               ,
               or
               any
               thing
               else
               .
               )
            
             
               Sir
               
                 Geoffry
                 Palmer
              
               ,
               the
               King's
               Attorney
               General
               .
               Sir
               
                 Henneage
                 Fynch
              
               ,
               the
               King's
               Sollicitor
               General
               .
               Sir
               
                 John
                 Glyn.
              
               Sir
               
                 John
                 Maynard
              
               .
               Sir
               
                 William
                 Wild.
              
               Serjeant
               Keeling
               .
            
          
           
             
               Witnesses
               against
               Sir
               Henry
               Vane
               .
            
             
               Marsh
               ,
               a
               Papist
               ,
               't
               is
               said
               ;
               who
               witnessed
               what
               was
               accounted
               most
               dangerous
               against
               the
               Prisoner
               ,
               as
               to
               change
               of
               Government
               .
            
             
               William
               Dobbins
               .
               Mathew
               Lock
               .
               Thomas
               Pury
               .
               Thomas
               Wallis
               .
               John
               Coot
               .
            
          
        
         
           
           
             The
             Peoples
             Cause
             Stated
             .
          
           
             HE
             in
             whom
             is
             the
             Right
             of
             Soveraign
             ,
             and
             to
             give
             Law
             ,
             is
             either
             so
             of
             himself
             ,
             or
             in
             the
             Right
             of
             another
             ,
             that
             may
             derive
             the
             same
             unto
             him
             ;
             which
             shews
             that
             there
             are
             two
             sorts
             of
             Soveraings
             .
          
           
             A
             Soveraign
             in
             the
             first
             sense
             ,
             none
             is
             nor
             can
             be
             ,
             but
             God
             ,
             who
             is
             of
             himself
             most
             absolute
             .
             And
             he
             that
             is
             first
             of
             all
             others
             in
             the
             second
             sence
             ,
             is
             the
             Man
             Christ
             Jesus
             ,
             to
             whom
             the
             Power
             of
             Soveraign
             ,
             in
             the
             Right
             of
             the
             Father
             is
             committed
             ,
             over
             all
             the
             Works
             of
             Gods
             hands
             .
             Christ
             exercised
             the
             same
             in
             the
             capacity
             of
             David's
             Root
             from
             before
             the
             beginning
             of
             the
             World.
             He
             owne
             ;
             himself
             thus
             to
             be
             ,
             long
             before
             he
             became
             David's
             Seed
             ;
             This
             his
             being
             in
             Spirit
             ,
             or
             hidden
             being
             ,
             even
             as
             a
             Creature
             ,
             the
             first
             of
             all
             Creatures
             in
             personal
             Union
             with
             the
             Word
             ,
             David
             saw
             and
             acknowledged
             ,
             Psal
             .
             110.
             1.
             
             Thus
             Christ
             may
             be
             called
             God's
             Lieutenant
             Soveraign
             ,
             or
             General
             Vicegerent
             of
             his
             Supremacy
             over
             all
             in
             Heaven
             and
             in
             Earth
             .
             He
             therefore
             is
             the
             true
             Universal
             King
             and
             Root
             of
             all
             Soveraign
             and
             just
             Governing
             Power
             ,
             whether
             in
             Heaven
             or
             on
             Earth
             .
          
           
             His
             Soveraignty
             is
             unquestionable
             and
             unaccountable
             ,
             because
             of
             the
             Perfection
             of
             his
             Person
             ,
             carrying
             in
             it
             an
             aptitude
             and
             sufficiency
             to
             Govern
             ,
             without
             possibility
             of
             Error
             or
             Defect
             of
             any
             kind
             .
             Soveraign
             and
             Governing
             Power
             doth
             necessarily
             relate
             to
             Subjects
             ,
             that
             are
             to
             be
             the
             Ruled
             ,
             and
             Subjects
             capable
             of
             such
             Government
             .
             Therefore
             when
             God
             himself
             purposes
             within
             himself
             ,
             to
             be
             Supream
             Legislator
             and
             Governour
             ,
             he
             doth
             withal
             purpose
             the
             Being
             and
             Creation
             of
             both
             Worlds
             ,
             as
             the
             Subject
             matter
             of
             his
             Kingdom
             .
             He
             propounds
             to
             Govern
             his
             Subjects
             by
             and
             with
             their
             own
             consent
             and
             good
             liking
             ;
             or
             ,
             without
             and
             against
             it
             ,
             in
             the
             way
             of
             his
             revenging
             Justice
             ;
             Governing
             by
             Laws
             ,
             clearly
             stating
             and
             ascertaining
             the
             Duty
             or
             the
             Offence
             ,
             as
             also
             the
             Rewards
             and
             Penalties
             .
          
           
             Herein
             Just
             Government
             consists
             ,
             or
             the
             Justice
             of
             Government
             ;
             for
             he
             that
             Rules
             over
             others
             ,
             must
             be
             Just
             ;
             and
             indeed
             should
             be
             seen
             to
             be
             so
             in
             all
             his
             Commands
             :
             so
             seen
             ,
             as
             to
             render
             the
             Consciences
             of
             the
             Ruled
             ,
             and
             those
             whose
             duty
             it
             is
             to
             Obey
             ,
             inexcusable
             before
             God
             and
             before
             Men
             ,
             if
             they
             Dissent
             or
             Resist
             .
          
           
           
             Inexcusable
             they
             are
             before
             God
             ,
             because
             the
             matter
             Commanded
             is
             the
             matter
             of
             God's
             Law
             ,
             &
             therefore
             just
             to
             be
             obeyed
             .
             They
             are
             also
             Inexcusable
             before
             Men
             ,
             that
             which
             is
             required
             of
             them
             being
             generally
             acknowledged
             and
             affirmed
             (
             by
             those
             in
             whom
             the
             common
             consent
             of
             the
             Subjects
             is
             intrusted
             to
             that
             end
             )
             to
             be
             Just
             ,
             and
             Reasonable
             ,
             and
             therefore
             to
             be
             Obeyed
             .
             For
             the
             end
             of
             all
             Government
             ,
             being
             for
             the
             Good
             and
             Welfare
             ,
             and
             not
             for
             the
             Destruction
             of
             the
             Ruled
             ;
             God
             who
             is
             the
             Institutor
             of
             Government
             ,
             as
             he
             is
             pleased
             to
             Ordain
             the
             Office
             of
             Governors
             ,
             intrusting
             them
             with
             Power
             to
             command
             the
             Just
             and
             Reasonable
             Things
             ,
             which
             his
             own
             Law
             Commands
             ,
             that
             carry
             their
             own
             evidence
             to
             common
             Reason
             and
             Sense
             ,
             at
             least
             ,
             that
             do
             not
             evidently
             contradict
             it
             ,
             so
             he
             grants
             a
             Liberty
             to
             the
             Subjects
             ,
             or
             those
             that
             by
             him
             are
             put
             under
             the
             Rule
             ,
             to
             refuse
             all
             such
             Commands
             as
             are
             contrary
             to
             his
             Law
             ,
             or
             to
             the
             judgement
             of
             common
             Reason
             and
             Sense
             ,
             whose
             trial
             he
             allows
             ,
             by
             way
             of
             assent
             or
             dissent
             ,
             before
             the
             Commands
             of
             the
             Ruler
             shall
             be
             Binding
             or
             put
             in
             Execution
             ;
             and
             this
             in
             a
             Co-ordinacy
             of
             Power
             with
             Just
             Government
             ,
             and
             as
             the
             due
             Ballance
             thereof
             .
             The
             Original
             Impressions
             of
             Just
             Laws
             are
             in
             Mans
             Nature
             and
             very
             Constitution
             of
             Being
             .
             Man
             hath
             the
             Law
             in
             his
             Mind
             ,
             (
             or
             the
             Superior
             and
             Intellectual
             part
             of
             him
             )
             convincing
             and
             bringing
             that
             into
             obedience
             and
             subjection
             to
             the
             Law
             of
             God
             ,
             in
             Christ
             himself
             .
             He
             hath
             also
             that
             which
             is
             a
             Law
             in
             his
             Members
             that
             are
             on
             the
             Earth
             ,
             (
             or
             his
             earthly
             and
             sensual
             part
             )
             whose
             Power
             is
             Co-ordinate
             with
             the
             other
             ,
             but
             such
             ,
             that
             if
             it
             be
             not
             gained
             into
             a
             Harmony
             and
             Conjunction
             with
             its
             Head
             ,
             the
             Spirit
             or
             Mind
             of
             man
             ,
             hath
             ability
             to
             let
             and
             hinder
             his
             Mind
             or
             Ruling
             part
             ,
             from
             performing
             and
             putting
             in
             execution
             ,
             that
             which
             is
             good
             ,
             just
             ,
             fit
             ,
             and
             to
             be
             acknowledged
             as
             the
             righteous
             dictates
             of
             the
             Mind
             ,
             which
             ought
             to
             be
             the
             Ruling
             Power
             ,
             or
             Law
             to
             the
             Man.
             So
             in
             the
             outward
             Government
             over
             Man
             ,
             the
             secondary
             or
             co-ordinate
             Power
             ,
             concurring
             with
             that
             which
             is
             the
             chief
             ruling
             Power
             ,
             is
             essential
             to
             Just
             Government
             ;
             and
             is
             acknowledged
             to
             be
             so
             ,
             by
             the
             Fundamental
             Constitution
             of
             the
             Government
             of
             England
             ,
             as
             well
             as
             in
             the
             Legal
             Being
             and
             Constitution
             of
             Parliaments
             ,
             whether
             that
             which
             hath
             been
             usual
             and
             ordinary
             ,
             according
             to
             the
             Common
             Law
             ;
             or
             that
             which
             of
             late
             hath
             been
             Extraordinary
             ,
             by
             express
             Statute
             ,
             for
             the
             continuance
             of
             the
             Parliament
             ,
             17.
             
             Car.
             until
             dissolved
             by
             Act
             of
             Parliament
             .
          
           
             For
             together
             with
             the
             Legal
             Being
             which
             is
             given
             to
             Regal
             
             Power
             and
             the
             Prerogative
             of
             the
             Crown
             ,
             there
             is
             the
             Legal
             Power
             and
             Being
             reserved
             also
             unto
             that
             Body
             ,
             which
             is
             the
             Peoples
             or
             Kingdoms
             Representative
             ,
             who
             are
             the
             Hands
             wherein
             that
             which
             is
             called
             Power
             Politick
             is
             seated
             ,
             and
             are
             intrusted
             with
             giving
             or
             with
             holding
             the
             common
             Consent
             of
             the
             whole
             Nation
             ,
             according
             to
             the
             best
             of
             their
             Understandings
             ,
             in
             all
             matters
             coming
             before
             them
             ,
             and
             are
             to
             keep
             this
             Liberty
             Inviolate
             and
             Entire
             ,
             against
             all
             Invasions
             or
             Encroachments
             upon
             it
             ,
             whatsoever
             .
          
           
             This
             second
             Power
             in
             the
             very
             Writ
             of
             Summons
             for
             calling
             a
             Parliament
             ,
             is
             declared
             to
             be
             of
             that
             Nature
             ,
             that
             what
             the
             first
             doth
             without
             obtaining
             the
             Consent
             and
             Approbation
             of
             the
             second
             ,
             in
             Parliament
             ,
             is
             not
             binding
             but
             ineffectual
             .
             And
             when
             the
             Representative
             Body
             of
             the
             Kingdom
             ,
             (
             in
             and
             with
             whom
             ,
             this
             Power
             is
             intrusted
             ,
             as
             the
             Due
             and
             Legal
             Ballance
             and
             Boundary
             to
             the
             Regal
             Power
             ,
             set
             and
             fixed
             by
             the
             Fundamental
             Constitution
             )
             is
             made
             a
             standing
             Court
             ,
             and
             of
             that
             Continuance
             ,
             as
             not
             to
             be
             dissolvable
             but
             by
             its
             own
             consent
             ;
             during
             such
             its
             continuance
             ,
             it
             hath
             right
             to
             preserve
             it self
             from
             all
             violent
             and
             undue
             Dissolution
             ,
             and
             to
             maintain
             and
             defend
             its
             own
             Just
             Priviledges
             ,
             a
             chief
             of
             which
             is
             ,
             to
             binde
             or
             loose
             the
             People
             ,
             in
             all
             matters
             good
             or
             hurtful
             to
             them
             ,
             according
             to
             their
             best
             Judgement
             and
             discretion
             .
          
           
             In
             the
             exercise
             of
             this
             their
             Trust
             ,
             they
             are
             Indemnified
             by
             Law
             ,
             and
             no
             hurt
             ought
             to
             come
             unto
             them
             ;
             that
             Governing
             Power
             ,
             which
             is
             originally
             in
             God
             ,
             and
             slowes
             at
             first
             from
             him
             ,
             as
             the
             sole
             and
             proper
             Fountain
             thereof
             ,
             is
             brought
             into
             exercise
             amongst
             men
             ,
             upon
             a
             differing
             and
             distinct
             account
             .
          
           
             First
             ,
             As
             it
             is
             a
             Trust
             and
             Right
             derived
             conditionally
             from
             God
             to
             his
             Officers
             and
             Ministers
             ,
             (
             which
             therefore
             may
             be
             lost
             )
             who
             being
             called
             by
             him
             ,
             and
             in
             the
             course
             of
             his
             Providence
             ,
             to
             the
             exercise
             of
             it
             ,
             are
             to
             hold
             it
             of
             him
             the
             Universal
             King
             ,
             and
             to
             own
             themselves
             in
             the
             exercise
             thereof
             ,
             as
             his
             Vicegerents
             ,
             to
             cut
             off
             by
             the
             Sword
             of
             Justice
             evil-doers
             ;
             and
             to
             be
             a
             Protection
             and
             encouragement
             to
             them
             that
             do
             well
             .
             But
             because
             it
             is
             part
             of
             God's
             Call
             of
             any
             person
             to
             this
             high
             Trust
             ,
             to
             bring
             him
             into
             the
             possession
             and
             free
             Exercise
             thereof
             ,
             by
             the
             common
             consent
             of
             the
             Body
             of
             the
             People
             ,
             where
             such
             Soveraign
             Power
             is
             set
             up
             ,
             unless
             they
             have
             forfeited
             this
             Liberty
             .
             Therefore
             ,
          
           
             Secondly
             ,
             God
             doth
             allow
             and
             confer
             by
             the
             very
             Law
             of
             Nature
             ,
             upon
             the
             Community
             or
             Body
             of
             the
             People
             (
             that
             are
             related
             
             to
             ,
             and
             concerned
             in
             the
             right
             of
             Government
             ,
             placed
             over
             them
             )
             the
             Liberty
             by
             their
             common
             Vote
             or
             Suffrage
             duely
             given
             ,
             to
             be
             Assenters
             or
             Dissenters
             thereunto
             ,
             and
             to
             Affirm
             and
             make
             Stable
             ,
             or
             Disallow
             and
             render
             Ineffectual
             ,
             what
             shall
             apparently
             be
             found
             by
             them
             to
             be
             for
             the
             good
             or
             hurt
             of
             that
             Society
             ,
             whose
             welfare
             next
             under
             the
             justice
             of
             God's
             Commands
             and
             his
             Glory
             ,
             is
             the
             Supream
             Law
             ,
             and
             very
             end
             of
             all
             Subordinate
             governing
             Power
             .
          
           
             Soveraign
             Power
             then
             comes
             from
             God
             ,
             as
             its
             proper
             Root
             ,
             but
             the
             restraint
             or
             enlargement
             of
             it
             ,
             in
             its
             Execution
             over
             such
             or
             such
             a
             Body
             ,
             is
             sounded
             in
             the
             common
             consent
             of
             that
             Body
             .
          
           
             The
             Office
             of
             chief
             Ruler
             ,
             or
             Head
             over
             any
             State
             ,
             Common-wealth
             ,
             or
             Kingdom
             ,
             hath
             the
             Right
             of
             due
             Obedience
             from
             the
             People
             inseparably
             annexed
             to
             it
             .
             It
             is
             an
             Office
             ,
             not
             onely
             of
             Divine
             Institution
             ,
             but
             for
             the
             Safety
             and
             Protection
             of
             the
             whole
             Body
             or
             Community
             ,
             and
             therefore
             justly
             and
             necessarily
             draws
             to
             it
             ,
             and
             engages
             their
             Subjection
             .
          
           
             This
             Office
             of
             the
             Soveraign
             ,
             according
             to
             the
             Laws
             ,
             and
             Fundamental
             Constitutions
             of
             the
             Government
             of
             England
             ,
             is
             ministred
             by
             the
             King
             in
             a
             twofold
             Capacity
             ,
             as
             his
             Will
             and
             personal
             Command
             is
             in
             Conjunction
             and
             Agreement
             with
             his
             People
             in
             Parliament
             ,
             (
             during
             the
             Session
             thereof
             )
             or
             as
             it
             is
             in
             Conjunction
             and
             Agreement
             with
             the
             Law
             ,
             the
             Parliament
             not
             Sitting
             .
             But
             his
             Will
             and
             Personal
             Command
             single
             ,
             in
             dis-junction
             and
             disagree
             ▪
             from
             the
             Parliament
             or
             the
             Laws
             ,
             hath
             not
             the
             force
             of
             a
             Law
             ,
             saith
             Fortescue
             ,
             and
             gives
             the
             Reason
             of
             it
             ,
             
               Because
               this
               is
               a
               limitted
               Monarchy
               ,
               where
               the
               King's
               Power
               (
               as
               to
               the
               exercise
               of
               it
               )
               is
               onely
               a
               Power
               Politick
               .
            
          
           
             The
             Obedience
             then
             which
             from
             the
             Subject
             is
             due
             to
             the
             King
             ,
             and
             which
             they
             are
             sworn
             to
             perform
             by
             the
             Oath
             of
             Allegiance
             ,
             is
             to
             him
             ,
             in
             the
             ministry
             of
             the
             Royal
             Office
             ,
             according
             to
             the
             reason
             and
             intent
             of
             the
             Fundamental
             Compact
             and
             Constitution
             ,
             and
             according
             to
             his
             own
             Oath
             ,
             which
             is
             to
             Govern
             by
             Law
             ;
             that
             is
             ,
             to
             Exercise
             his
             Rule
             or
             Royal
             commanding
             Power
             ,
             in
             Conjunction
             and
             Agreement
             with
             the
             Parliament
             when
             sitting
             ,
             and
             in
             Conjunction
             ,
             and
             Agreement
             with
             the
             Laws
             of
             the
             Land
             ,
             they
             not
             sitting
             .
             To
             exercise
             his
             Power
             otherwise
             ,
             is
             and
             hath
             been
             alwayes
             judged
             a
             grievance
             to
             the
             People
             ,
             and
             a
             going
             against
             that
             which
             is
             the
             original
             Right
             and
             just
             Liberty
             of
             the
             Community
             ,
             who
             are
             not
             to
             be
             bound
             to
             such
             personal
             Commands
             
             at
             will
             and
             pleasure
             ,
             nor
             compelled
             to
             yield
             Obedience
             thereunto
             .
          
           
             The
             contrary
             hereunto
             was
             the
             Principle
             at
             bottom
             of
             the
             Kings
             Cause
             ,
             which
             he
             endeavoured
             to
             uphold
             and
             maintain
             ,
             in
             order
             to
             decline
             and
             lay
             aside
             the
             Legal
             Restraints
             as
             aforesaid
             ,
             which
             the
             Government
             of
             England
             by
             the
             Fundamental
             Constitution
             ,
             is
             subjected
             unto
             ,
             as
             to
             the
             exercise
             and
             ministery
             of
             the
             Royal
             Office.
             
          
           
             From
             the
             Observation
             and
             Experience
             which
             the
             Pople
             of
             England
             had
             ,
             and
             made
             many
             years
             together
             ,
             by
             their
             Representatives
             in
             Parliament
             ,
             of
             a
             desire
             in
             the
             King
             to
             shake
             off
             these
             Legal
             Restraints
             in
             the
             Exercise
             of
             the
             Regal
             Power
             ,
             and
             on
             their
             having
             tried
             the
             best
             wayes
             and
             means
             that
             occurred
             to
             their
             Understandings
             ,
             to
             prevent
             the
             same
             ,
             and
             to
             secure
             to
             themselves
             the
             enjoyment
             of
             their
             Just
             Rights
             and
             Liberty
             ,
             they
             at
             last
             pitch'd
             upon
             the
             desiring
             from
             the
             King
             ,
             the
             continuance
             of
             the
             sitting
             of
             the
             Parliament
             called
             ,
             November
             3d
             1640
             ,
             in
             such
             sort
             as
             is
             expressed
             in
             that
             Act
             ,
             17.
             
             Car.
             wherein
             it
             is
             provided
             ,
             
               That
               it
               shall
               not
               be
               Discontinued
               or
               Dissolved
               ,
               but
               by
               Act
               of
               Parliament
               .
            
          
           
             This
             was
             judged
             by
             them
             ,
             the
             greatest
             Security
             imaginable
             ,
             for
             keeping
             the
             ministry
             of
             the
             Royal
             Office
             within
             its
             due
             Bounds
             ;
             and
             for
             quieting
             the
             People
             in
             the
             enjoyment
             of
             their
             Rights
             .
             But
             experience
             hath
             shewed
             ,
             that
             this
             yet
             could
             not
             be
             done
             without
             a
             War
             ,
             the
             worst
             and
             last
             of
             Remedies
             .
             For
             although
             their
             Continuance
             as
             the
             Representative
             Body
             of
             the
             Kingdom
             ,
             with
             the
             Right
             to
             exercise
             the
             Power
             and
             Priviledges
             inherent
             in
             ,
             and
             inseparable
             from
             that
             Supream
             Court
             and
             Chief
             Senate
             (
             whereof
             the
             King
             is
             Head
             ,
             both
             making
             but
             one
             Person
             or
             Politick
             Body
             in
             Law
             )
             yet
             they
             themselves
             ,
             as
             well
             as
             the
             King
             ,
             were
             bound
             by
             the
             Fundamental
             Constitution
             or
             Compact
             ,
             upon
             which
             the
             Government
             was
             at
             first
             built
             ;
             containing
             the
             Condition
             upon
             which
             the
             King
             accepted
             of
             the
             Royal
             Office
             ,
             and
             on
             which
             the
             People
             granted
             to
             him
             the
             Tribute
             of
             their
             Obedience
             and
             due
             Allegiance
             .
             This
             Condition
             ,
             (
             as
             the
             Lawes
             and
             Experience
             declare
             )
             is
             ,
             that
             the
             King
             shall
             exercise
             his
             Office
             of
             Rule
             over
             them
             according
             to
             the
             Laws
             ,
             as
             hath
             been
             shewed
             ,
             and
             as
             he
             and
             his
             People
             shall
             from
             time
             to
             time
             agree
             in
             Common
             Council
             in
             Parliament
             ,
             for
             that
             end
             assembled
             .
             In
             respect
             hereof
             ,
             the
             Laws
             so
             made
             ,
             are
             called
             the
             Concords
             or
             Agreements
             passed
             between
             the
             King
             and
             the
             Subject
             ,
             in
             the
             3d
             part
             of
             
               Cooks
               Institutes
            
             .
          
           
           
             These
             Agreements
             then
             are
             the
             Standard
             unto
             the
             Kings
             Rule
             and
             the
             Peoples
             Obedience
             ,
             signifying
             the
             justice
             of
             his
             Commands
             ,
             and
             the
             dueness
             of
             their
             Allegiance
             .
          
           
             But
             the
             case
             so
             happening
             ,
             that
             this
             Conjunction
             and
             Agreement
             which
             ought
             to
             be
             found
             between
             the
             personal
             Will
             of
             the
             King
             ,
             and
             Representative
             Will
             of
             the
             Kingdom
             ,
             failing
             ,
             and
             these
             two
             Wills
             declaring
             themselves
             in
             Contrariety
             and
             Opposition
             ,
             both
             of
             them
             becoming
             standing
             Powers
             ,
             Co-ordinate
             and
             distinct
             parts
             of
             the
             Supremacy
             ,
             as
             the
             two
             Channels
             wherein
             the
             Supremacy
             is
             placed
             and
             appointed
             to
             run
             ,
             as
             to
             its
             exercise
             ,
             by
             the
             Fundamental
             Constitution
             ;
             hence
             sprang
             the
             War
             ,
             each
             asserting
             and
             endeavouring
             to
             defend
             and
             maintain
             their
             own
             part
             and
             right
             ,
             which
             ought
             not
             to
             be
             kept
             up
             in
             dis-junction
             and
             contrariety
             ,
             but
             in
             Unity
             and
             Agreement
             each
             with
             other
             .
             These
             two
             Parties
             with
             their
             Adherents
             ,
             in
             this
             Case
             ,
             may
             be
             according
             to
             the
             Law
             ,
             Contrarients
             one
             towards
             another
             ,
             as
             the
             Law
             affords
             an
             Example
             ,
             in
             the
             Preamble
             to
             Cook
             's
             4th
             Part
             of
             his
             Institutes
             (
             not
             properly
             Traytors
             )
             being
             co-ordinate
             Powers
             ,
             parts
             of
             the
             Supremacy
             ,
             that
             are
             the
             Heads
             to
             each
             Party
             ;
             and
             by
             consequence
             have
             a
             right
             of
             making
             a
             War
             ,
             as
             their
             last
             Appeal
             ,
             if
             they
             cannot
             otherwise
             agree
             .
          
           
             Being
             once
             entred
             thus
             into
             a
             state
             of
             War
             and
             actual
             Enmity
             ,
             they
             do
             as
             it
             were
             become
             two
             Nations
             ,
             and
             cease
             to
             be
             under
             the
             Obligations
             they
             were
             in
             before
             ,
             for
             during
             this
             state
             of
             War
             and
             Enmity
             ,
             the
             standing
             Laws
             (
             in
             a
             sort
             )
             cease
             ,
             and
             a
             new
             way
             of
             Rule
             each
             Party
             Forms
             to
             himself
             and
             his
             Adherents
             ,
             as
             may
             best
             consist
             for
             each
             of
             their
             Safeties
             and
             Preservations
             .
          
           
             Upon
             this
             Dis-junction
             of
             the
             two
             Wills
             ,
             in
             the
             Harmony
             and
             Agreement
             whereof
             ,
             the
             Supremacy
             is
             placed
             ,
             these
             following
             Queries
             do
             naturally
             arise
             ;
          
           
             First
             .
          
           
             To
             which
             ,
             or
             Whether
             of
             these
             by
             Law
             is
             the
             Allegiance
             required
             as
             due
             ?
             Is
             it
             to
             be
             yeilded
             to
             the
             Personal
             Will
             of
             the
             King
             single
             ,
             in
             disjunction
             from
             the
             Will
             of
             the
             Representative
             Body
             of
             the
             Kingdom
             ,
             or
             to
             the
             Will
             of
             the
             People
             ,
             in
             dis-junction
             from
             the
             Will
             of
             the
             King
             ?
             Or
             is
             it
             to
             the
             Personal
             Will
             of
             the
             King
             ,
             in
             conjunction
             with
             the
             Laws
             ,
             though
             in
             opposition
             and
             contrariety
             to
             the
             Will
             of
             the
             Kingdoms
             Representative
             in
             Parliament
             Assembled
             ?
             Or
             is
             it
             to
             the
             Will
             of
             the
             Kingdomes
             Representative
             ,
             in
             conjunction
             with
             the
             Laws
             ,
             though
             in
             opposition
             to
             the
             Personal
             Will
             of
             the
             King
             ?
          
           
           
             
               The
               Second
               Querie
               is
            
             ,
          
           
             In
             whose
             Judgement
             in
             this
             case
             are
             the
             People
             by
             Law
             to
             acquiesce
             ,
             as
             to
             the
             declaring
             with
             whom
             the
             Laws
             are
             ?
             Whether
             the
             Personal
             Judgement
             of
             the
             King
             single
             ,
             or
             the
             Vote
             of
             the
             Senate
             ,
             that
             is
             ,
             the
             Kingdoms
             Representative
             Body
             ?
          
           
             
               The
               Third
               Querie
               is
            
             ,
          
           
             With
             whom
             will
             the
             Laws
             be
             found
             to
             go
             in
             this
             Case
             ,
             so
             rare
             ,
             unusual
             ,
             and
             never
             happening
             before
             ,
             and
             who
             is
             the
             Proper
             and
             Competent
             Judge
             ?
             Also
             ,
             whether
             the
             Laws
             be
             not
             perfectly
             silent
             ,
             as
             never
             supposing
             such
             a
             Case
             possible
             to
             happen
             ,
             by
             reason
             that
             the
             Power
             used
             by
             the
             one
             for
             Dissolving
             the
             other
             ,
             never
             before
             suffered
             the
             Opposition
             to
             rise
             so
             high
             ?
          
           
             
               The
               Fourth
               Querie
               is
            
             ,
          
           
             Whether
             he
             ,
             in
             this
             Case
             ,
             that
             keeps
             his
             Station
             and
             place
             of
             Trust
             ,
             wherein
             God
             and
             the
             Law
             did
             set
             him
             ,
             with
             care
             to
             demean
             himself
             according
             to
             the
             best
             of
             his
             Vnderstanding
             ,
             agreeably
             to
             the
             Law
             and
             Customes
             of
             Parliament
             ,
             and
             pursuant
             to
             their
             Votes
             and
             Directions
             ,
             (
             so
             long
             as
             they
             sit
             and
             affirm
             themselves
             to
             be
             a
             Parliament
             )
             and
             uses
             his
             best
             endeavours
             in
             the
             exercise
             of
             that
             publick
             Trust
             ,
             that
             no
             Detriment
             in
             the
             general
             come
             unto
             the
             Common-wealth
             by
             the
             failer
             of
             Justice
             ,
             and
             the
             necessary
             Protection
             due
             from
             Government
             ,
             without
             any
             designing
             or
             intending
             the
             Subversion
             of
             the
             Constitution
             ,
             but
             onely
             the
             securing
             more
             fully
             the
             Peoples
             Liberties
             and
             just
             Rights
             ,
             from
             all
             future
             Invasions
             and
             Oppressions
             ,
             be
             not
             so
             far
             from
             deserving
             to
             be
             judged
             Criminal
             in
             respect
             of
             any
             Law
             of
             God
             or
             Man
             ,
             that
             he
             ought
             rather
             to
             be
             affirmed
             One
             that
             hath
             done
             his
             Duty
             ,
             even
             the
             next
             best
             that
             was
             left
             to
             him
             ,
             or
             possible
             for
             him
             to
             do
             ,
             in
             such
             a
             dark
             stormy
             season
             ,
             and
             such
             difficult
             Circumstances
             ?
          
           
             As
             to
             the
             Right
             of
             the
             Cause
             it self
             ,
             it
             ariseth
             out
             of
             the
             matter
             of
             Fact
             that
             hath
             happened
             ,
             and
             by
             the
             Just
             and
             Wise
             Providence
             of
             God
             ,
             hath
             been
             suffered
             to
             state
             it self
             ,
             in
             the
             Contest
             between
             the
             Personal
             Will
             and
             declared
             Pleasure
             of
             the
             King
             ,
             on
             the
             one
             Hand
             ,
             and
             the
             publick
             Will
             or
             Vote
             of
             the
             People
             in
             Parliament
             ,
             on
             the
             other
             ,
             declaring
             it self
             either
             in
             Orders
             or
             Ordinances
             of
             both
             Houses
             ,
             or
             in
             the
             single
             Act
             of
             the
             House
             of
             Commons
             ,
             asserting
             it self
             a
             Parliament
             ,
             upon
             the
             Grounds
             of
             the
             Act
             ,
             17
             Car.
             providing
             against
             its
             dissolution
             .
          
           
             This
             will
             appear
             with
             the
             more
             evidence
             and
             certainty
             ,
             by
             considering
             wherein
             either
             part
             had
             a
             wrong
             Cause
             ,
             or
             did
             or
             might
             do
             that
             which
             was
             not
             their
             Duty
             ;
             taking
             the
             measure
             of
             their
             Duty
             
             from
             what
             as
             well
             the
             King
             as
             the
             Peoples
             Representative
             are
             obliged
             unto
             ,
             by
             the
             Fundamental
             Constitution
             of
             the
             Government
             ,
             which
             binds
             them
             in
             each
             of
             their
             Capacities
             and
             distinct
             Exercises
             of
             their
             Trust
             ,
             to
             intend
             and
             pursue
             the
             true
             good
             and
             welfare
             of
             the
             whole
             Body
             or
             Community
             as
             their
             End.
             This
             (
             in
             effect
             )
             is
             to
             detain
             the
             People
             in
             Obedience
             and
             Subjection
             to
             the
             Law
             of
             God
             ,
             and
             to
             guide
             them
             in
             the
             wayes
             of
             Righteousness
             unto
             God's
             well-pleasing
             :
             and
             to
             avoid
             falling
             out
             or
             disagreeing
             about
             the
             Way
             or
             Means
             leading
             to
             that
             End.
             
          
           
             Hence
             that
             party
             which
             in
             his
             or
             their
             actings
             was
             at
             the
             greatest
             distance
             from
             ,
             or
             opposition
             unto
             this
             end
             ,
             and
             wilfully
             and
             unnecessarily
             disagreed
             and
             divided
             from
             the
             other
             ,
             in
             the
             Ways
             and
             Means
             that
             were
             most
             likely
             to
             attain
             this
             End
             ;
             they
             were
             assuredly
             in
             the
             Fault
             ,
             and
             had
             a
             Wrong
             Cause
             to
             mannage
             ,
             under
             what
             ever
             Name
             of
             Face
             of
             Authority
             it
             was
             Headed
             and
             Upheld
             .
             And
             such
             a
             Wrong
             Cause
             was
             capable
             of
             being
             espoused
             and
             mannaged
             under
             the
             face
             of
             Authority
             ,
             as
             might
             be
             pretended
             unto
             by
             either
             part
             .
             For
             as
             the
             King
             (
             insisting
             upon
             his
             Prerogative
             ,
             and
             the
             binding
             force
             which
             his
             personal
             Will
             and
             Pleasure
             ought
             to
             have
             ,
             though
             in
             distinction
             from
             ,
             and
             opposition
             to
             his
             Parliament
             )
             might
             depart
             from
             the
             end
             of
             Government
             ,
             answerable
             to
             his
             Trust
             ,
             and
             yet
             urge
             his
             Right
             to
             be
             obeyed
             ;
             So
             the
             publick
             Will
             of
             the
             People
             ,
             exercised
             in
             and
             by
             the
             Vote
             of
             their
             Representative
             in
             Parliament
             ,
             asserting
             it self
             to
             be
             of
             a
             binding
             force
             also
             ,
             and
             to
             have
             the
             place
             of
             a
             Law
             ,
             though
             in
             distinction
             from
             the
             King
             and
             Laws
             also
             ,
             (
             as
             saith
             the
             King
             )
             whatever
             otherwise
             by
             them
             is
             pretended
             ,
             might
             also
             depart
             from
             the
             true
             end
             of
             Government
             ,
             answerable
             to
             their
             Trust
             ,
             and
             yet
             insist
             upon
             their
             Right
             to
             be
             Obeyed
             and
             submitted
             unto
             ;
             and
             having
             Power
             in
             their
             hands
             ,
             might
             unduely
             go
             about
             also
             to
             compel
             Obedience
             .
             It
             is
             not
             lawful
             either
             for
             King
             or
             Parliament
             to
             urge
             Authority
             and
             compel
             Obedience
             as
             of
             Right
             in
             any
             such
             Cases
             ,
             where
             (
             according
             to
             the
             Law
             of
             Nature
             )
             the
             People
             are
             at
             Liberty
             ,
             and
             ought
             to
             have
             a
             Freedom
             from
             yeelding
             Obedience
             ,
             as
             they
             are
             and
             ought
             to
             have
             when
             ever
             any
             would
             compel
             them
             to
             disobey
             God
             ,
             or
             to
             do
             things
             that
             evidently
             in
             the
             eye
             of
             Reason
             and
             common
             sense
             ,
             are
             to
             their
             hurt
             and
             destruction
             .
             Such
             things
             Nature
             forbids
             the
             doing
             of
             ,
             having
             for
             that
             very
             purpose
             ,
             armed
             Man
             with
             the
             defensive
             Weapon
             of
             refusing
             to
             consent
             and
             obey
             ,
             as
             that
             Priviledge
             ,
             whereby
             Man
             is
             distinguished
             from
             a
             Beast
             ;
             which
             ,
             when
             he
             is
             deprived
             of
             ,
             he
             is
             
             made
             a
             Beast
             ,
             and
             brought
             into
             a
             state
             of
             perfect
             Servitude
             and
             Bondage
             .
          
           
             Such
             a
             state
             of
             Servitude
             and
             Bondage
             may
             by
             God's
             just
             Judgement
             ,
             be
             inflicted
             upon
             man
             for
             sin
             and
             the
             abuse
             of
             his
             Liberty
             ,
             when
             by
             God
             restored
             .
             The
             Liberty
             which
             man
             was
             at
             first
             created
             in
             ,
             is
             that
             Priviledge
             and
             Right
             which
             is
             allowed
             to
             him
             by
             the
             Law
             of
             Nature
             ,
             of
             not
             being
             compelled
             under
             any
             pretence
             whatsoever
             to
             sin
             against
             God
             ,
             or
             to
             go
             against
             the
             true
             good
             and
             welfare
             of
             his
             own
             Being
             ;
             that
             is
             to
             say
             ,
             of
             his
             inward
             or
             outward
             man
             ,
             but
             in
             both
             these
             cases
             ,
             to
             have
             and
             to
             use
             his
             just
             Liberty
             ,
             to
             Dissent
             and
             refuse
             to
             Obey
             .
          
           
             For
             this
             every
             man
             hath
             that
             in
             himself
             ,
             which
             by
             God
             is
             made
             a
             proper
             and
             competent
             Judge
             .
             For
             ,
             as
             to
             all
             sin
             against
             God
             ,
             and
             the
             righteousness
             of
             his
             Law
             ,
             the
             Light
             of
             Conscience
             ,
             that
             is
             to
             say
             the
             Work
             of
             the
             Law
             ,
             in
             and
             upon
             the
             Mind
             or
             inward
             Sense
             ,
             and
             in
             conjunction
             with
             it
             ,
             doth
             lighten
             every
             one
             that
             cometh
             into
             the
             World
             ,
             accusing
             or
             excusing
             ,
             if
             it
             be
             but
             hearkened
             unto
             ,
             and
             kept
             awake
             .
             And
             for
             all
             such
             actings
             ,
             as
             tend
             to
             the
             ruine
             and
             destruction
             of
             man
             ,
             in
             his
             outward
             and
             bodily
             concerns
             ,
             and
             as
             he
             is
             the
             Object
             of
             Magistratical
             Power
             and
             Jurisdiction
             ,
             every
             man
             hath
             a
             Judgement
             of
             common
             Sense
             ,
             or
             a
             way
             of
             discerning
             and
             being
             sensible
             thereof
             ,
             common
             to
             bruit
             Beasts
             ,
             that
             take
             in
             their
             Knowledge
             by
             the
             door
             of
             their
             Senses
             ,
             but
             is
             much
             heightned
             and
             enobled
             in
             man
             ,
             by
             the
             personal
             union
             it
             is
             taken
             into
             ,
             with
             his
             intellectual
             part
             ,
             and
             intuitive
             way
             of
             discerning
             things
             ,
             through
             the
             inward
             reflectings
             of
             the
             mind
             ,
             compared
             with
             the
             Law
             of
             God.
             This
             inferiour
             Judgement
             in
             man
             ,
             when
             it
             is
             conjoyned
             with
             ,
             and
             confirmed
             by
             the
             Judgement
             of
             his
             Superiour
             part
             ,
             is
             that
             which
             we
             call
             Rational
             ,
             or
             the
             dictates
             of
             right
             Reason
             ,
             that
             man
             hath
             a
             natural
             right
             to
             adhere
             unto
             ,
             as
             the
             ordinary
             certain
             Rule
             ,
             which
             is
             given
             him
             by
             God
             to
             walk
             by
             ,
             and
             against
             which
             he
             ought
             not
             to
             be
             compelled
             ,
             or
             be
             forced
             to
             depart
             from
             it
             ,
             by
             the
             meer
             Will
             and
             Power
             of
             another
             ,
             without
             better
             Evidence
             ;
             that
             is
             ,
             a
             higher
             ,
             a
             greater
             ,
             or
             more
             certain
             way
             of
             discerning
             .
             This
             therefore
             in
             Scripture
             is
             called
             ,
             
               Man's
               Judgement
            
             ,
             or
             
               Man's
               Day
            
             ,
             in
             distinction
             from
             the
             
               Lord's
               Judgement
            
             ,
             and
             the
             
               Lord's
               Day
            
             .
             And
             this
             is
             that
             ,
             in
             every
             individual
             man
             ,
             which
             in
             the
             collective
             Body
             of
             the
             People
             ,
             and
             meeting
             of
             Head
             and
             Members
             in
             Parliament
             ,
             is
             called
             ,
             
               The
               Supream
               Authority
            
             ,
             and
             is
             the
             publick
             reason
             and
             will
             of
             the
             whole
             Kingdon
             ;
             the
             going
             against
             which
             ,
             is
             ,
             in
             Nature
             as
             well
             as
             by
             the
             Law
             of
             Nations
             ,
             an
             offence
             of
             the
             highest
             rank
             ,
             
             amongst
             men
             .
             For
             it
             must
             be
             presumed
             ,
             that
             there
             is
             more
             of
             the
             Wisdom
             and
             Will
             of
             God
             in
             that
             publick
             Suffrage
             of
             the
             whole
             Nation
             ,
             than
             of
             any
             private
             Person
             or
             lesser
             collective
             Body
             ,
             whatsoever
             ,
             not
             better
             quallified
             and
             principled
             .
             For
             Man
             is
             made
             in
             God's
             Image
             ,
             or
             in
             a
             likeness
             ,
             in
             Judgement
             and
             Will
             ,
             unto
             God
             himself
             ,
             according
             to
             the
             measure
             that
             in
             his
             nature
             he
             is
             proportioned
             and
             made
             capable
             to
             be
             the
             receiver
             and
             bearer
             thereof
             .
             Therefore
             it
             is
             ,
             that
             the
             resisting
             and
             opposing
             either
             of
             that
             Judgement
             of
             Will
             ,
             which
             is
             in
             it self
             Supream
             ,
             and
             the
             Law
             to
             all
             others
             ,
             (
             or
             which
             bears
             so
             much
             proportion
             and
             likeness
             to
             the
             Supream
             Will
             ,
             as
             is
             possible
             for
             a
             Society
             and
             community
             of
             Men
             agreeing
             together
             for
             that
             end
             ,
             to
             contrive
             and
             set
             up
             for
             an
             administration
             thereof
             unto
             them
             )
             is
             against
             the
             duty
             of
             any
             member
             of
             that
             Society
             ,
             as
             well
             as
             it
             is
             against
             the
             duty
             of
             the
             Body
             of
             the
             whole
             Society
             ,
             to
             oppose
             its
             Judgement
             and
             Will
             to
             that
             of
             the
             Supream
             Law-giver
             ,
             their
             highest
             Soveraign
             ,
             God
             himself
             .
          
           
             The
             highest
             Judgement
             and
             Will
             ,
             set
             up
             by
             God
             ,
             for
             Angels
             and
             Men
             in
             their
             particular
             beings
             ,
             to
             hold
             proportion
             with
             ,
             and
             bear
             conformity
             unto
             ,
             (
             in
             the
             capacity
             of
             Ruled
             ,
             in
             relation
             to
             their
             chief
             Ruler
             )
             sinnes
             forth
             in
             the
             person
             of
             Christ
             ,
             the
             engrafted
             Word
             .
             And
             when
             by
             the
             Agreement
             or
             common
             Consent
             of
             a
             Nation
             or
             State
             ,
             there
             is
             such
             a
             Constitution
             and
             Form
             of
             Administration
             pitched
             upon
             ,
             as
             in
             a
             standing
             and
             ordinary
             way
             ,
             may
             derive
             and
             conveigh
             the
             nearest
             and
             greatest
             likeness
             in
             humane
             Laws
             ,
             or
             Acts
             of
             such
             a
             Constitution
             ,
             unto
             the
             Judgement
             and
             Will
             of
             the
             Supream
             Legislator
             ,
             as
             the
             Rule
             and
             declared
             Duty
             for
             every
             one
             in
             that
             Society
             to
             observe
             ;
             It
             is
             thereby
             ,
             that
             Government
             ,
             or
             Supream
             Power
             comes
             to
             receive
             Being
             in
             a
             Nation
             or
             State
             ,
             and
             is
             brought
             into
             exercise
             according
             to
             God's
             Ordinance
             ,
             and
             Divine
             Institution
             .
             So
             then
             ,
             it
             is
             not
             so
             much
             the
             Form
             of
             the
             Administration
             ,
             as
             the
             thing
             Administred
             ,
             wherein
             the
             good
             or
             evil
             of
             Government
             doth
             consist
             ;
             that
             is
             to
             say
             ,
             a
             greater
             likeness
             or
             unlikeness
             unto
             Judgement
             and
             Will
             of
             the
             highest
             Being
             ,
             in
             all
             the
             Acts
             or
             Laws
             ,
             flowing
             from
             the
             Fundamental
             Constitution
             of
             the
             Government
             .
          
           
             Hence
             it
             is
             ,
             that
             common
             Consent
             ,
             lawfully
             and
             rightfully
             given
             by
             the
             Body
             of
             a
             Nation
             ,
             and
             intrusted
             with
             Delegates
             of
             their
             own
             free
             choice
             ,
             to
             be
             exercised
             by
             them
             ,
             as
             their
             Representatives
             ,
             (
             as
             well
             for
             the
             Welfare
             and
             good
             of
             the
             Body
             that
             trusts
             them
             ,
             as
             to
             the
             Honour
             and
             Well-pleasing
             of
             God
             the
             Supream
             Legislator
             )
             is
             the
             Principle
             and
             Means
             ,
             warranted
             by
             the
             Law
             of
             Nature
             and
             
             Nations
             ,
             to
             give
             Constitution
             and
             Admission
             to
             the
             exercise
             of
             Government
             ,
             and
             Supream
             Authority
             ,
             over
             them
             and
             amongst
             them
             :
             Agreeable
             hereunto
             ,
             we
             are
             to
             suppose
             ,
             that
             our
             Ancestors
             in
             this
             Kingdom
             did
             proceed
             ,
             when
             they
             constituted
             the
             Government
             thereof
             ,
             in
             that
             form
             of
             Administration
             ,
             which
             hath
             been
             derived
             to
             us
             ,
             in
             the
             course
             and
             channel
             of
             our
             Customes
             and
             Laws
             ;
             amongst
             which
             ,
             the
             Law
             and
             Customes
             in
             and
             of
             the
             Parliaments
             ,
             are
             to
             be
             accounted
             as
             chief
             .
             For
             ,
          
           
             Hereby
             First
             ,
             The
             Directive
             or
             Legislative
             Power
             (
             having
             the
             Right
             to
             State
             and
             Give
             the
             Rule
             for
             the
             Governors
             Duty
             ,
             and
             the
             Subjects
             Obedience
             )
             is
             continued
             in
             our
             Laws
             ,
             which
             as
             well
             the
             King
             as
             People
             are
             under
             the
             Observation
             of
             ;
             witness
             the
             Coronation
             Oath
             ,
             and
             the
             Oath
             of
             Allegiance
             .
          
           
             Secondly
             ,
             The
             Coercive
             or
             Executive
             Power
             is
             placed
             in
             one
             Person
             ,
             under
             the
             Name
             and
             Style
             of
             a
             King
             ,
             to
             be
             put
             forth
             not
             by
             his
             own
             ,
             single
             ,
             personal
             Command
             ,
             but
             by
             the
             signification
             of
             his
             Will
             and
             Pleasure
             ,
             as
             the
             Will
             of
             the
             whole
             State
             ,
             in
             and
             by
             his
             Courts
             of
             Justice
             ,
             and
             stated
             publick
             Counsels
             and
             Judicatures
             ,
             agreed
             on
             for
             that
             purpose
             ,
             between
             him
             and
             his
             People
             ,
             in
             their
             Parliamentary
             Assemblies
             .
          
           
             The
             Will
             of
             the
             whole
             State
             ,
             thus
             signified
             ,
             the
             Law
             it self
             prefers
             before
             the
             personal
             Will
             of
             the
             King
             ,
             in
             distinction
             from
             the
             Law
             ,
             and
             makes
             the
             one
             binding
             ,
             the
             other
             not
             .
             So
             that
             the
             publick
             Will
             of
             the
             State
             ,
             (
             signified
             and
             declared
             by
             the
             publick
             Suffrage
             and
             Vote
             of
             the
             People
             or
             Kingdom
             in
             Parliament
             Assembled
             )
             is
             a
             Legal
             and
             Warrantable
             ground
             for
             the
             Subjects
             Obedience
             ,
             in
             the
             things
             commanded
             by
             it
             ,
             for
             the
             good
             and
             welfare
             of
             the
             whole
             Body
             ,
             according
             to
             the
             best
             Understanding
             of
             such
             their
             Representative
             Body
             ,
             by
             it
             put
             forth
             ,
             during
             the
             time
             of
             its
             sitting
             .
          
           
             The
             Body
             with
             whom
             the
             Delegated
             Vote
             and
             publick
             Suffrage
             of
             the
             whole
             Nation
             is
             Intrusted
             ,
             being
             once
             Assembled
             ,
             with
             Power
             not
             to
             be
             Dissolved
             but
             by
             their
             own
             consent
             ,
             in
             that
             capacity
             the
             highest
             Vote
             and
             Trust
             (
             that
             can
             be
             )
             is
             exercised
             ,
             and
             this
             by
             Authority
             of
             Parliament
             ,
             unto
             
               ex
               Officio
            
             ,
             or
             by
             way
             of
             Office
             are
             the
             Keepers
             of
             the
             Liberties
             of
             England
             ,
             or
             of
             the
             People
             ,
             by
             the
             said
             Authority
             ,
             for
             which
             they
             are
             accountable
             if
             they
             do
             not
             faithfully
             discharge
             that
             their
             duty
             .
             This
             Office
             of
             keeping
             the
             Liberty
             ,
             which
             by
             the
             Law
             of
             God
             and
             Nature
             is
             due
             to
             the
             Community
             or
             whole
             Body
             of
             the
             People
             ,
             is
             ,
             by
             way
             of
             Trust
             ,
             committed
             by
             themselves
             to
             their
             own
             Delegates
             ,
             and
             in
             effect
             amounts
             unto
             this
             .
          
           
           
             1.
             
             That
             they
             may
             of
             right
             keep
             out
             and
             refuse
             any
             to
             exercise
             Rule
             and
             Command
             over
             them
             ,
             except
             God
             himself
             ,
             who
             is
             the
             Supream
             and
             Universal
             King
             and
             Governour
             ;
             or
             ,
             such
             as
             shall
             agree
             in
             their
             Actings
             ,
             to
             bear
             his
             Image
             ,
             (
             which
             is
             ,
             to
             be
             Just
             )
             and
             shew
             for
             the
             Warrant
             of
             their
             Exercise
             of
             Soveraignty
             ,
             both
             a
             likeness
             in
             Judgement
             and
             Will
             ,
             unto
             him
             ,
             who
             is
             Wisdom
             and
             Righteousness
             it self
             ;
             and
             the
             Approbation
             and
             common
             Consent
             of
             the
             whole
             Body
             ,
             rationally
             reposing
             that
             Trust
             in
             them
             ,
             from
             what
             is
             with
             visible
             and
             apparent
             Characters
             manifest
             to
             them
             ,
             of
             an
             aptness
             and
             sufficiency
             in
             them
             ,
             to
             give
             forth
             such
             publick
             Acts
             of
             Government
             ,
             that
             may
             bear
             the
             Stamp
             of
             God's
             Impression
             upon
             them
             in
             the
             Judgements
             they
             do
             and
             execute
             ;
             especially
             ,
             being
             therein
             helped
             with
             a
             National
             Counsel
             of
             the
             Peoples
             own
             choosing
             from
             time
             to
             time
             .
          
           
             2.
             
             They
             may
             of
             right
             ,
             keep
             ,
             hold
             ,
             and
             restrain
             him
             or
             them
             ,
             with
             whom
             the
             Coercive
             or
             Executive
             Power
             is
             intrusted
             ,
             unto
             a
             punctual
             performance
             of
             Duty
             ,
             according
             to
             the
             Fundamental
             Constitution
             ,
             the
             Oath
             of
             the
             Ruler
             ,
             and
             the
             Laws
             of
             the
             Land.
             And
             if
             they
             shall
             refuse
             to
             be
             so
             held
             and
             restrained
             by
             the
             humble
             Desires
             ,
             Advice
             and
             common
             Consent
             in
             Parliament
             ,
             and
             the
             Peoples
             Delegates
             be
             invaded
             and
             attempted
             upon
             by
             force
             ,
             to
             deter
             them
             from
             the
             faithful
             discharge
             of
             this
             their
             Duty
             ;
             they
             may
             ,
             in
             asserting
             their
             Right
             ,
             and
             in
             a
             way
             of
             their
             own
             just
             Defence
             ,
             raise
             Armes
             ,
             put
             the
             issue
             upon
             Battel
             ,
             and
             Appeal
             unto
             God.
             
          
           
             3.
             
             Such
             Appeal
             answered
             ,
             and
             the
             issue
             decided
             by
             Battel
             ,
             the
             Peoples
             Delegates
             still
             sitting
             ,
             and
             keeping
             together
             in
             their
             Collective
             Body
             ,
             may
             of
             right
             ,
             and
             according
             to
             reason
             refuse
             the
             re-admission
             or
             new-admission
             of
             the
             Exercise
             of
             the
             former
             Rulers
             ,
             or
             any
             new
             Rulers
             again
             over
             the
             whole
             Body
             ,
             till
             there
             be
             received
             Satisfaction
             for
             the
             former
             Wrongs
             done
             ,
             the
             expence
             and
             hazzard
             of
             the
             War
             ,
             and
             Security
             for
             the
             time
             to
             come
             ,
             that
             the
             like
             be
             not
             committed
             again
             .
             Until
             this
             be
             obtained
             ,
             they
             are
             bound
             in
             duty
             ,
             in
             such
             manner
             as
             they
             judge
             most
             fit
             ,
             to
             provide
             for
             the
             present
             Government
             of
             the
             whole
             Body
             ,
             that
             the
             Common-weal
             receive
             no
             detriment
             .
          
           
             4.
             
             In
             this
             which
             is
             the
             proper
             Office
             of
             the
             Peoples
             Delegates
             ,
             and
             concerns
             the
             keeping
             and
             defending
             the
             Liberty
             and
             Right
             of
             the
             whole
             People
             and
             Nation
             ,
             they
             may
             and
             ought
             ,
             (
             during
             their
             sitting
             )
             to
             Exercise
             their
             own
             proper
             Power
             and
             Authority
             (
             the
             Exigents
             of
             the
             Kingdom
             requiring
             it
             )
             although
             the
             other
             two
             Estates
             joyntly
             instructed
             with
             them
             ,
             (
             in
             the
             exercise
             of
             the
             Legislative
             
             Authority
             )
             should
             desert
             their
             station
             ,
             or
             otherwise
             sail
             in
             the
             Execution
             of
             their
             Trusts
             ;
             yea
             ,
             or
             though
             many
             or
             most
             of
             their
             own
             Members
             (
             so
             long
             as
             a
             lawful
             Quorum
             remains
             )
             shall
             either
             voluntarily
             withdraw
             from
             them
             ,
             or
             ,
             for
             just
             cause
             become
             excluded
             .
             In
             this
             discharge
             of
             their
             trust
             ,
             for
             the
             common
             welfare
             and
             safety
             of
             the
             whole
             ,
             their
             Actings
             (
             though
             extraordinary
             and
             contrarient
             to
             the
             right
             of
             the
             other
             two
             )
             cannot
             be
             treasonable
             or
             criminal
             ,
             (
             though
             they
             may
             be
             tortious
             ,
             and
             erroneous
             )
             seeing
             they
             are
             equals
             and
             co-ordinate
             ,
             in
             the
             exercise
             of
             the
             Legislative
             Power
             ,
             and
             have
             the
             Right
             of
             their
             own
             proper
             Trust
             and
             Office
             to
             discharge
             and
             defend
             ,
             though
             their
             fellow
             Trustees
             should
             fail
             in
             theirs
             .
             Nor
             can
             ,
             nor
             ought
             the
             People
             ,
             as
             Adherents
             to
             their
             own
             Delegates
             and
             Representatives
             ,
             to
             be
             reputed
             criminal
             ,
             or
             blame
             ▪
             worthy
             ,
             by
             the
             Law.
             
          
           
             In
             the
             exercise
             of
             one
             and
             the
             same
             Legislative
             power
             (
             according
             to
             the
             Fundamental
             Constitution
             of
             the
             Government
             of
             England
             )
             there
             are
             three
             distinct
             publick
             Votes
             ,
             allowed
             for
             Assent
             or
             Discent
             ,
             in
             all
             matters
             coming
             before
             them
             ;
             the
             Agreement
             of
             which
             is
             essential
             and
             necessary
             to
             the
             passing
             of
             a
             Law
             :
             the
             personal
             Vote
             of
             the
             King
             ;
             the
             personal
             Votes
             of
             the
             Lords
             in
             a
             House
             or
             distinct
             Body
             ;
             and
             the
             Delegated
             Vote
             and
             Suffrage
             of
             the
             whole
             People
             ,
             in
             their
             Representative
             Body
             ,
             or
             the
             House
             of
             Commons
             .
             Unto
             each
             of
             these
             ,
             appertains
             a
             distinct
             Office
             and
             Priviledge
             ,
             proper
             to
             them
             .
          
           
             1.
             
             The
             Regal
             Office
             ,
             and
             the
             Prerogative
             thereof
             to
             the
             King.
             
          
           
             2.
             
             The
             Judicial
             Office
             ,
             to
             the
             Lords
             ,
             as
             the
             highest
             Judicature
             and
             Court
             of
             Justice
             under
             the
             King
             ,
             for
             the
             exercising
             Coercive
             Power
             ,
             and
             punishing
             of
             Malefactors
             .
          
           
             3.
             
             The
             Office
             of
             the
             Keepers
             of
             the
             Liberties
             and
             Rights
             of
             the
             People
             ,
             as
             they
             are
             the
             whole
             Nation
             ,
             incorporated
             under
             one
             Head
             ,
             by
             their
             own
             free
             and
             common
             Consent
             .
          
           
             The
             Regal
             Office
             is
             the
             Fountain
             of
             all
             Coercive
             and
             Executive
             Power
             ,
             pursuant
             to
             the
             Rule
             ,
             set
             to
             the
             same
             by
             Law
             ,
             or
             ,
             the
             Agreement
             of
             the
             three
             Estates
             in
             Parliament
             .
          
           
             The
             Rule
             which
             is
             set
             ,
             is
             that
             of
             Immutable
             Just
             and
             Right
             ,
             according
             to
             which
             ,
             penalties
             are
             applicable
             ,
             and
             become
             due
             ,
             and
             is
             first
             stated
             and
             ascertained
             ,
             in
             the
             declared
             Law
             of
             God
             ,
             which
             is
             the
             signification
             or
             making
             known
             by
             some
             sign
             ,
             the
             Will
             of
             the
             Supream
             Legislator
             ,
             proceeding
             from
             a
             perfect
             Judgement
             and
             Understanding
             ,
             that
             is
             without
             all
             Error
             or
             Defect
             .
          
           
           
             The
             Will
             that
             flowes
             from
             such
             a
             Judgement
             ,
             is
             in
             its
             nature
             Legislative
             ,
             and
             binding
             ,
             and
             of
             right
             to
             be
             obeyed
             for
             its
             own
             sake
             ,
             and
             the
             perfection
             it
             carries
             in
             it
             ,
             and
             with
             it
             ,
             in
             all
             its
             actings
             .
             This
             Will
             is
             declared
             by
             Word
             ,
             or
             Works
             ,
             or
             both
             .
             By
             Word
             we
             are
             to
             understand
             ,
             either
             the
             immediate
             Breath
             and
             Spirit
             of
             Gods
             mouth
             or
             mind
             ,
             or
             the
             Inspiration
             of
             the
             Almighty
             ,
             ministred
             by
             the
             holy
             Ghost
             ,
             in
             and
             by
             some
             creature
             ,
             as
             his
             vessel
             and
             instrument
             ,
             through
             which
             the
             holy
             Scriptures
             of
             the
             old
             and
             new
             Testament
             were
             composed
             .
             By
             works
             that
             declare
             God's
             Will
             ,
             we
             are
             to
             understand
             the
             whole
             Book
             of
             the
             Creature
             ,
             but
             more
             eminently
             and
             especially
             ,
             the
             particular
             Beings
             and
             Natures
             of
             Angels
             and
             Men
             ,
             who
             bear
             the
             name
             and
             likeness
             of
             God
             in
             and
             upon
             their
             Judgements
             and
             their
             Wills
             ;
             their
             directing
             Power
             ,
             and
             their
             executive
             Power
             of
             mind
             ,
             which
             are
             essential
             to
             their
             Being
             ,
             Life
             ,
             and
             Motion
             .
          
           
             When
             these
             direct
             and
             execute
             ,
             in
             conjunction
             and
             harmony
             with
             God's
             Judgement
             and
             Will
             ,
             made
             known
             in
             his
             Law
             ,
             they
             do
             that
             which
             is
             right
             ;
             and
             by
             adhering
             and
             conforming
             themselves
             unto
             this
             their
             certain
             and
             unerring
             Guide
             ,
             do
             become
             Guides
             and
             Rulers
             unto
             others
             ,
             and
             are
             the
             Objects
             of
             right
             choice
             ,
             where
             Rulers
             are
             wanting
             in
             Church
             or
             State.
             
          
           
             The
             Rule
             then
             to
             all
             action
             of
             Angels
             or
             Men
             ,
             is
             that
             of
             moral
             or
             immutable
             Just
             and
             Right
             ,
             which
             is
             stated
             and
             declared
             in
             the
             Will
             and
             Law
             of
             God.
             The
             first
             and
             highest
             imitation
             of
             this
             Rule
             ,
             is
             the
             Creature-being
             in
             the
             person
             of
             Christ
             .
             The
             next
             is
             the
             Bride
             the
             Lambs
             Wife
             .
             The
             next
             is
             the
             innumerable
             Society
             of
             the
             holy
             Angels
             .
             The
             next
             is
             the
             Company
             of
             Just
             Men
             ,
             fixed
             in
             their
             natural
             Obedience
             and
             Duty
             ,
             through
             Faith
             ,
             manifesting
             it self
             not
             onely
             in
             their
             Spirits
             ,
             but
             in
             their
             outward
             Man
             ,
             redeemed
             even
             in
             this
             World
             ,
             from
             the
             body
             of
             corruption
             ,
             as
             far
             as
             is
             here
             attainable
             .
             The
             Power
             which
             is
             directive
             ,
             and
             states
             and
             ascertains
             the
             morallity
             of
             the
             Rule
             for
             Obedience
             ,
             is
             in
             the
             Law
             of
             God.
             But
             the
             original
             ,
             whence
             all
             just
             executive
             Power
             arises
             ,
             which
             is
             Magistratical
             and
             Coercive
             ,
             is
             from
             the
             will
             or
             free
             gift
             of
             the
             People
             ,
             who
             may
             either
             keep
             the
             Power
             in
             themselves
             ,
             or
             give
             up
             their
             Subjection
             into
             the
             hands
             and
             will
             of
             another
             ,
             as
             their
             Leader
             and
             Guide
             ,
             if
             they
             shall
             judge
             that
             thereby
             they
             shall
             better
             answer
             the
             end
             of
             Government
             ,
             to
             wit
             ,
             the
             welfare
             and
             safety
             of
             the
             whole
             ,
             then
             if
             they
             still
             kept
             the
             Power
             in
             themselves
             .
             And
             when
             they
             part
             with
             it
             ,
             they
             may
             do
             it
             conditionally
             or
             absolutely
             ;
             and
             whilst
             they
             keep
             it
             ,
             they
             are
             bound
             to
             the
             right
             use
             of
             it
             .
             In
             this
             Liberty
             ,
             
             every
             man
             is
             created
             ,
             and
             it
             is
             the
             Priviledge
             and
             just
             Right
             which
             is
             granted
             unto
             Man
             by
             the
             Supream
             Law-giver
             ,
             even
             by
             the
             Law
             of
             Nature
             ,
             under
             which
             man
             was
             made
             .
          
           
             God
             himself
             leaves
             man
             to
             the
             free
             exercise
             of
             this
             his
             Liberty
             ,
             when
             he
             tenders
             to
             him
             his
             safety
             and
             immutability
             ,
             upon
             the
             well
             or
             ill
             use
             of
             this
             his
             Liberty
             ,
             allowing
             him
             the
             choice
             ,
             either
             to
             be
             his
             own
             guide
             and
             self-ruler
             ,
             in
             the
             ability
             communicated
             to
             him
             ,
             to
             know
             and
             execute
             Gods
             Will
             ,
             and
             so
             to
             keep
             the
             Liberty
             he
             is
             possessed
             of
             ,
             in
             giving
             away
             his
             subjection
             or
             not
             ;
             or
             else
             upon
             God's
             Call
             and
             Promise
             ,
             to
             give
             up
             himself
             in
             way
             of
             subjection
             to
             God
             ,
             as
             his
             Guide
             and
             Ruler
             ,
             either
             absolutely
             or
             conditionally
             .
             To
             himself
             he
             expects
             absolute
             Subjection
             ;
             to
             all
             subordinate
             Rulers
             ,
             conditional
             .
          
           
             While
             mans
             Subjection
             is
             his
             own
             ,
             and
             in
             his
             own
             keeping
             ,
             unbestowed
             and
             ungiven
             out
             of
             himself
             ,
             he
             is
             not
             ,
             nor
             cannot
             be
             accountable
             by
             way
             of
             crime
             or
             offence
             ,
             against
             his
             Ruler
             and
             Soveraign
             ,
             but
             may
             do
             with
             his
             own
             what
             he
             please
             ;
             but
             still
             at
             his
             peril
             ,
             if
             he
             use
             not
             this
             his
             Liberty
             as
             he
             should
             ,
             to
             the
             end
             for
             which
             it
             is
             given
             him
             ,
             which
             is
             by
             voluntary
             and
             entire
             resignation
             to
             become
             an
             obedient
             Subject
             unto
             him
             who
             is
             the
             Supream
             Law-giver
             ,
             and
             Rightful
             King
             ,
             without
             possibility
             of
             change
             or
             defection
             .
          
           
             Unto
             this
             right
             and
             the
             lawful
             exercise
             and
             possession
             of
             ,
             it
             this
             Nation
             did
             arive
             by
             the
             good
             providence
             and
             gift
             of
             God
             ,
             in
             calling
             and
             assembling
             the
             Parliament
             ,
             November
             3d.
             1640.
             and
             then
             continuing
             their
             Session
             by
             an
             express
             Act
             ,
             17.
             
             Car.
             with
             power
             not
             to
             be
             dissolved
             but
             by
             their
             own
             consent
             ;
             which
             was
             not
             so
             much
             the
             introducing
             of
             a
             new
             Law
             ,
             as
             declaratory
             of
             what
             was
             Law
             before
             ,
             according
             to
             Man's
             natural
             Right
             ,
             in
             which
             he
             was
             created
             ,
             and
             of
             which
             he
             was
             possessed
             by
             God
             ,
             the
             soveraign
             giver
             of
             all
             things
             .
          
           
             But
             the
             passing
             that
             said
             Act
             of
             Parliament
             alone
             ,
             was
             not
             that
             which
             restored
             the
             Nation
             to
             their
             original
             Right
             ,
             and
             just
             Natural
             Liberty
             ;
             but
             onely
             put
             them
             in
             the
             capacity
             and
             possibility
             of
             it
             .
             That
             which
             wanted
             to
             make
             out
             to
             the
             Nation
             a
             clearness
             in
             having
             and
             obtaining
             this
             their
             right
             ,
             was
             the
             obligation
             they
             had
             put
             upon
             themselves
             and
             their
             posterities
             to
             their
             present
             Soveraign
             and
             his
             Authority
             ,
             which
             in
             justice
             and
             by
             the
             Oathes
             of
             Allegiance
             they
             were
             solemnly
             bound
             to
             ,
             in
             the
             sight
             of
             God
             as
             well
             as
             of
             Man.
             And
             therefore
             ,
             unless
             by
             the
             abuse
             of
             that
             office
             of
             Trust
             ,
             (
             to
             that
             degree
             ,
             as
             on
             his
             part
             ,
             to
             break
             the
             fundamental
             compact
             and
             constitution
             
             of
             Government
             )
             they
             could
             not
             be
             set
             free
             nor
             restored
             to
             their
             original
             Right
             and
             first
             Liberty
             :
             especially
             if
             together
             with
             such
             breach
             of
             Trust
             ,
             both
             parties
             appeal
             to
             God
             ,
             and
             put
             it
             upon
             the
             issue
             of
             Battel
             ,
             and
             God
             give
             the
             decision
             ;
             and
             in
             consequence
             thereof
             ,
             that
             original
             Right
             be
             asserted
             ,
             and
             possession
             thereof
             had
             and
             held
             for
             some
             years
             ,
             and
             then
             not
             rightfully
             lost
             ,
             but
             treacherously
             betrayed
             and
             given
             up
             by
             those
             in
             whom
             no
             power
             was
             rightfully
             placed
             ,
             to
             give
             up
             the
             subjection
             of
             the
             Nation
             again
             unto
             any
             ,
             whatsoever
             .
          
           
             Unto
             which
             is
             to
             be
             added
             ,
             that
             how
             and
             when
             the
             dissolution
             of
             the
             said
             Parliament
             ,
             (
             according
             to
             Law
             )
             hath
             been
             made
             ,
             is
             yet
             unascertained
             ,
             and
             not
             particularly
             declared
             :
             by
             reason
             whereof
             ,
             and
             by
             what
             hath
             been
             before
             shewed
             ,
             the
             state
             of
             the
             Case
             on
             the
             Subjects
             part
             ,
             is
             much
             altered
             ,
             as
             to
             the
             matter
             of
             Right
             ,
             and
             the
             Usurpation
             is
             now
             on
             the
             other
             hand
             ,
             there
             being
             ,
             (
             as
             is
             well
             known
             )
             two
             sorts
             of
             Usurpers
             ;
             either
             such
             ,
             as
             having
             no
             right
             of
             consent
             at
             all
             unto
             the
             Rule
             they
             exercise
             over
             the
             Subject
             ;
             or
             such
             ,
             who
             under
             pretence
             of
             a
             Right
             and
             Title
             ,
             do
             claim
             not
             by
             consent
             ,
             but
             by
             conquest
             and
             power
             ,
             or
             else
             hold
             themselves
             not
             obliged
             to
             the
             Fundamental
             compact
             and
             constitution
             of
             Government
             ,
             but
             gain
             unduely
             from
             the
             Subject
             ,
             (
             by
             advantages
             taken
             through
             deceit
             and
             violence
             )
             that
             which
             is
             not
             their
             own
             by
             Law.
             
          
           
             For
             a
             rational
             Man
             to
             give
             up
             his
             Reason
             and
             Will
             unto
             the
             Judgement
             and
             Will
             of
             another
             ,
             (
             without
             which
             ,
             no
             outward
             coercive
             Power
             can
             be
             )
             whose
             Judgement
             and
             Will
             is
             not
             perfectly
             and
             unchangeably
             good
             and
             right
             ,
             is
             unwise
             ,
             and
             unsafe
             ,
             and
             by
             the
             Law
             of
             Nature
             ,
             forbidden
             .
             And
             therefore
             all
             such
             gift
             ,
             made
             by
             rational
             men
             ,
             must
             be
             conditional
             ,
             either
             implied
             ,
             or
             explicite
             ,
             to
             be
             followers
             of
             their
             Rulers
             ,
             so
             far
             as
             they
             are
             followers
             of
             that
             good
             and
             right
             ,
             which
             is
             contained
             in
             the
             Law
             of
             the
             Supream
             Law-giver
             ,
             and
             no
             further
             ;
             reserving
             to
             themselves
             ,
             (
             in
             case
             of
             such
             defection
             and
             declining
             of
             the
             Rulers
             actings
             from
             the
             Rule
             )
             their
             primitive
             and
             original
             Freedom
             ,
             to
             resort
             unto
             ,
             that
             so
             they
             may
             in
             such
             case
             ,
             be
             as
             they
             were
             before
             they
             gave
             away
             their
             subjection
             unto
             the
             Will
             of
             another
             ;
             and
             reserving
             also
             the
             power
             to
             have
             this
             judged
             by
             a
             meet
             and
             competent
             Judge
             ,
             which
             is
             the
             Reason
             of
             the
             King
             and
             Kingdom
             ,
             declared
             by
             their
             Representatives
             in
             Parliament
             ;
             that
             is
             to
             say
             ,
             the
             Delegates
             of
             the
             People
             in
             the
             House
             of
             Commons
             assembled
             ,
             and
             the
             Commissioners
             on
             the
             Kings
             behalf
             ,
             by
             his
             own
             Letters
             Patents
             ,
             in
             the
             House
             of
             Peers
             ;
             which
             two
             concurring
             do
             very
             far
             bind
             the
             King
             ,
             if
             not
             wholly
             .
          
           
           
             And
             when
             these
             cannot
             agree
             ,
             but
             break
             one
             from
             another
             ,
             the
             Commons
             in
             Parliament
             assembled
             ,
             are
             
               ex
               Officio
            
             ,
             the
             Keepers
             of
             the
             Liberties
             of
             the
             Nation
             ,
             and
             righteous
             Possessors
             and
             Defendors
             of
             it
             ,
             against
             all
             Usurpers
             and
             Usurpations
             whatsoever
             ,
             by
             the
             Laws
             of
             England
             .
          
        
         
           
             The
             Valley
             of
             Jehoshaphat
             ,
             considered
             and
             opened
             ,
             by
             comparing
             2.
             
             Chron.
             20.
             with
             Joel
             3.
             
          
           
             IT
             was
             the
             saying
             of
             Austine
             ;
             Nothing
             falls
             under
             our
             senses
             ,
             or
             happens
             in
             this
             visible
             World
             ,
             but
             is
             either
             commanded
             or
             permitted
             from
             the
             invisible
             and
             unintelligible
             Court
             and
             Pallace
             of
             the
             highest
             Emperor
             and
             universal
             King
             ,
             who
             is
             the
             chief
             over
             all
             the
             kings
             of
             the
             earth
             .
             For
             although
             he
             hath
             both
             commanded
             and
             permitted
             a
             subordinate
             external
             Government
             over
             Men
             ,
             administred
             by
             man
             ,
             for
             the
             upholding
             of
             Justice
             in
             humane
             Societies
             ,
             and
             for
             the
             peace
             ,
             welfare
             ,
             and
             safety
             of
             men
             that
             are
             made
             in
             Gods
             Image
             ;
             yet
             ,
             he
             hath
             not
             so
             entirely
             put
             the
             Rule
             of
             the
             whole
             earth
             out
             of
             his
             own
             hands
             ,
             but
             that
             in
             cases
             of
             eminent
             injustice
             and
             oppression
             (
             committed
             in
             Provinces
             ,
             States
             and
             Kingdomes
             ,
             contrary
             to
             his
             Lawes
             ,
             to
             their
             own
             ,
             and
             the
             very
             end
             of
             Magistracy
             ,
             which
             is
             ,
             the
             conservation
             of
             the
             Peoples
             just
             Rights
             and
             Liberties
             )
             
               He
               that
               is
               higher
               than
               the
               highest
               amongst
               men
               ,
               doth
               regard
               ,
            
             and
             will
             shew
             by
             some
             extraordinary
             interposition
             of
             his
             ,
             that
             
               there
               are
               higher
               than
               they
            
             .
          
           
             Such
             a
             seasonable
             and
             signal
             appearance
             of
             God
             ,
             for
             the
             Succor
             and
             Relief
             of
             his
             People
             ,
             in
             their
             greatest
             Straits
             and
             Exigencies
             ,
             (
             when
             they
             have
             no
             might
             ,
             visible
             Power
             ,
             or
             armed
             Force
             ,
             to
             undertake
             the
             great
             company
             and
             multitude
             that
             comes
             against
             them
             ,
             nor
             know
             what
             to
             do
             ,
             save
             onely
             to
             have
             their
             eyes
             towards
             him
             )
             is
             called
             in
             Scripture
             ,
             
               The
               day
               of
               the
               Lord's
               Judgement
               .
            
             Then
             the
             Battel
             and
             cause
             of
             the
             Quarrel
             ,
             will
             appear
             to
             be
             not
             so
             much
             theirs
             ,
             as
             the
             Lord's
             :
             and
             the
             frame
             of
             their
             heart
             will
             be
             humble
             before
             the
             Lord
             ,
             believing
             in
             the
             Lord
             ,
             and
             believing
             his
             Prophets
             ,
             for
             their
             good
             success
             and
             establishment
             .
          
           
             This
             Dispensation
             is
             very
             lively
             described
             under
             the
             Type
             ,
             and
             by
             the
             Name
             of
             
               The
               Valley
               of
               Jehoshaphat
            
             ,
             as
             to
             the
             Season
             and
             Place
             wherein
             God
             will
             give
             forth
             a
             signal
             appearance
             of
             himself
             in
             Judgement
             ,
             on
             the
             behalf
             of
             his
             People
             ,
             for
             a
             final
             decision
             of
             the
             
             Controversie
             between
             them
             and
             their
             enemies
             .
             It
             Litterally
             and
             Typically
             fell
             out
             thus
             ,
             as
             is
             at
             large
             recorded
             ,
             2
             Chron.
             20.
             
          
           
             By
             way
             of
             allusion
             to
             this
             ,
             and
             upon
             occasion
             of
             the
             like
             ,
             yea
             ,
             and
             far
             greater
             Extreamities
             ,
             which
             God's
             People
             in
             the
             last
             dayes
             ,
             are
             to
             be
             brought
             into
             ,
             is
             that
             Prophesie
             ,
             Joel
             3.
             for
             a
             like
             ,
             yea
             ,
             a
             far
             greater
             and
             more
             signal
             appearance
             of
             God
             for
             their
             Deliverance
             and
             Rescue
             ,
             in
             order
             to
             a
             final
             Decision
             of
             the
             Controversie
             ,
             between
             his
             People
             and
             the
             Inhabitants
             of
             the
             earth
             ,
             by
             his
             own
             Judgement
             .
             This
             is
             there
             called
             ,
             
               The
               Valley
               of
               Jehoshaphat
            
             ,
             in
             which
             the
             Lord
             will
             sit
             to
             Judge
             all
             his
             enemies
             round
             about
             .
             In
             this
             Battel
             and
             great
             Decision
             of
             his
             Peoples
             Controversie
             ,
             he
             will
             cause
             his
             Mighty
             Ones
             to
             come
             down
             from
             Heaven
             ,
             to
             put
             in
             their
             sickle
             as
             reapers
             in
             this
             Vintage
             and
             Harvest
             ,
             when
             the
             wickedness
             is
             great
             .
             Unto
             this
             ,
             Revel
             .
             14.
             14
             ,
             20.
             refers
             ,
             which
             doth
             plainly
             evidence
             ,
             that
             this
             grand
             Decision
             is
             to
             fall
             out
             in
             the
             very
             last
             of
             times
             ,
             and
             probably
             ,
             is
             that
             ,
             which
             will
             make
             way
             to
             the
             Rising
             of
             the
             Witnesses
             ,
             and
             will
             be
             accompanied
             with
             that
             
               Earthquake
               ,
               in
               which
               shall
               be
               slain
               ,
               of
               men
               seven
               thousand
               ,
               and
               the
               tenth
               part
               of
               the
               City
               will
            
             thereupon
             
               fall
               ,
               Rev.
            
             11.
             
          
           
             It
             is
             expressed
             ,
             Joel
             3.
             
             That
             in
             this
             day
             of
             the
             Lord
             ,
             wherein
             he
             will
             be
             
               near
               ,
               in
               the
               Valley
               of
               Decision
               ,
               the
               Heavens
               and
               the
               Earth
               shall
               shake
               ,
               by
               the
               Lords
               own
               roaring
               out
               of
               Sion
               ;
               and
               he
               himself
               will
               be
               the
               Harbour
               ,
               Hope
               and
               Strength
               of
               his
               People
               .
               The
               Sun
               and
               Moon
            
             of
             earthly
             Churches
             and
             Thrones
             of
             Judicature
             ,
             that
             contest
             with
             them
             ,
             
               shall
               be
               darkened
               ,
               and
               the
               Stars
               ,
            
             (
             even
             the
             choicest
             and
             most
             illuminated
             gifted
             Pastors
             &
             Leaders
             ,
             in
             the
             earthly
             Jerusalem
             Churches
             ,
             with
             their
             most
             refined
             Forms
             of
             Worship
             ,
             resisting
             the
             power
             of
             true
             spiritual
             Godliness
             )
             
               shall
               withdraw
               their
               shining
            
             .
             Even
             their
             holy
             flesh
             will
             pass
             off
             from
             them
             and
             consume
             away
             upon
             their
             spiritual
             lewdness
             ,
             and
             confident
             opposing
             the
             Faith
             of
             Gods
             Elect
             ,
             
               Jer.
               11.
               17.
               
               Their
               very
               Eyes
               will
               consume
               away
               in
               their
               holes
               ,
               with
               which
               they
               say
               ,
               we
               see
               ▪
            
             and
             for
             which
             ,
             Christ
             tells
             the
             Pharisees
             ,
             in
             like
             case
             ,
             that
             
               therefore
               ther
               sin
               remaineth
            
             .
             (
             John
             9.
             41.
             )
             Or
             ,
             
               there
               remaineth
               no
               more
               benefit
               from
               Christ's
               Sacrifice
               ,
               for
               their
               sin
            
             ;
             and
             therefore
             
               onely
               a
               fearful
               looking
               for
               of
               the
               fiery
               and
               devouring
               indignation
               ,
            
             Heb.
             10.
             26
             ,
             27.
             
          
           
             Here
             's
             that
             ,
             the
             great
             confidence
             and
             boast
             of
             many
             professing
             Churches
             and
             eminent
             Pastors
             in
             the
             earthly
             Jerusalem
             Fabrick
             ,
             or
             House
             on
             the
             sand
             ,
             will
             come
             to
             ,
             Ezek.
             13.
             and
             Mat.
             7.
             
             Their
             very
             Eyes
             ,
             their
             high
             enlightenings
             and
             excellent
             spiritual
             Gifts
             ,
             their
             supernatural
             or
             infused
             humane
             Learning
             ,
             that
             's
             admitted
             only
             
             as
             an
             adorning
             and
             accomplishment
             of
             the
             natural
             man
             ,
             (
             unaccompanied
             with
             that
             Fire-Baptisme
             ,
             that
             's
             performed
             by
             the
             unspeakable
             gift
             of
             the
             Spirit
             it self
             ,
             for
             the
             transforming
             of
             the
             natural
             man
             into
             spiritual
             )
             even
             these
             Eyes
             becoming
             evil
             ,
             (
             Mat.
             6.
             23.
             
             )
             and
             this
             light
             ,
             opposing
             and
             preferring
             it self
             to
             the
             more
             excellent
             discerning
             and
             marvellous
             light
             in
             spiritual
             Believers
             ,
             are
             turned
             by
             the
             just
             Judgement
             of
             God
             ,
             into
             the
             greatest
             and
             most
             fatal
             blindness
             and
             darkness
             of
             all
             .
             Their
             tongues
             also
             ,
             though
             the
             tongues
             of
             men
             and
             angels
             ,
             for
             excellency
             and
             dexterity
             of
             expressing
             what
             they
             see
             ,
             with
             the
             forementioned
             eyes
             ,
             will
             consume
             away
             in
             their
             mouth
             ,
             (
             Zech.
             14.
             12.
             
             )
             and
             leave
             them
             exposed
             to
             become
             ,
             and
             accordingly
             be
             dealt
             with
             ,
             as
             meer
             
               sounding
               brass
               and
               tinckling
               Cymbals
               ,
               (
               1
               Cor.
            
             12.
             31.
             and
             13.
             1.
             
             )
             
               giving
               no
               certain
               sound
            
             ,
             and
             right
             warning
             to
             the
             Battels
             of
             the
             Lord
             ,
             
               the
               good
               sight
               of
               Faith.
            
             
          
           
             This
             comes
             to
             pass
             through
             their
             confidence
             in
             those
             attainments
             ,
             which
             may
             be
             ,
             and
             oft
             are
             turned
             into
             an
             Idol
             of
             jealousie
             ,
             and
             spiritual
             whoredom
             ,
             Ezek.
             16.
             1
             ,
             15.
             
          
           
             All
             these
             considerations
             of
             Church
             and
             State
             ,
             put
             together
             ,
             afford
             great
             ground
             of
             enquiry
             ,
             as
             to
             the
             Condition
             of
             the
             times
             in
             which
             we
             live
             ,
             how
             far
             the
             face
             which
             they
             bear
             ,
             (
             and
             which
             God
             hath
             put
             upon
             them
             ,
             in
             the
             course
             of
             his
             Providences
             ,
             for
             some
             years
             now
             past
             )
             doth
             speak
             or
             signifie
             the
             near
             approach
             of
             any
             such
             extraordinary
             and
             signal
             appearance
             or
             day
             of
             Gods
             Judgement
             ,
             for
             the
             Decision
             of
             his
             own
             or
             his
             Peoples
             quarrel
             and
             controversie
             with
             the
             prophane
             Heathen
             that
             are
             round
             about
             them
             ,
             waiting
             for
             an
             advantage
             ,
             utterly
             and
             universally
             to
             remove
             and
             root
             them
             out
             from
             off
             the
             face
             of
             the
             whole
             earth
             ?
          
           
             That
             which
             hath
             been
             acted
             upon
             the
             Theater
             of
             these
             Nations
             ,
             amongst
             us
             ,
             in
             the
             true
             state
             of
             our
             Controversie
             ,
             seems
             to
             be
             reducible
             to
             this
             following
             Querie
             ;
          
           
             Whether
             the
             Representative
             Body
             of
             the
             Kingdom
             of
             England
             ,
             in
             Parliament
             assembled
             ,
             and
             in
             their
             Supream
             Power
             and
             Trust
             made
             indissolvable
             ,
             unless
             by
             their
             own
             Consent
             and
             free
             Vote
             ,
             and
             this
             by
             particular
             and
             express
             Statute
             ,
             have
             not
             had
             a
             just
             and
             righteous
             Cause
             ?
             A
             Quarrel
             more
             God's
             ,
             than
             their
             own
             ?
          
           
             1.
             
             It
             may
             appear
             they
             had
             ;
             First
             ,
             from
             the
             Ground
             of
             their
             undertaking
             the
             War
             ;
             Was
             it
             not
             in
             their
             own
             and
             the
             Kingdoms
             just
             and
             necessary
             defence
             ,
             and
             for
             the
             maintaining
             of
             the
             publick
             Rights
             and
             Liberties
             of
             both
             ?
          
           
             2.
             
             Secondly
             ,
             Was
             it
             not
             undertaken
             upon
             mutual
             Appeals
             of
             
             both
             Parties
             to
             God
             ,
             desiring
             him
             to
             judge
             between
             them
             ,
             to
             give
             the
             Decision
             and
             Issue
             by
             the
             Law
             of
             War
             ,
             (
             when
             no
             other
             Law
             could
             be
             heard
             )
             as
             the
             definitive
             Sentence
             in
             this
             Controversie
             ,
             from
             the
             Court
             of
             Heaven
             ?
          
           
             3.
             
             Thirdly
             ,
             Pursuant
             to
             such
             Decision
             ,
             did
             they
             not
             recover
             and
             repossess
             the
             Kingdoms
             original
             and
             primitive
             freedom
             ?
             Did
             they
             not
             endeavour
             to
             conserve
             and
             secure
             it
             ,
             as
             due
             to
             them
             by
             the
             Law
             of
             God
             and
             of
             Nature
             ?
             For
             man
             was
             made
             in
             God's
             Image
             ,
             and
             all
             Adams
             Posterity
             are
             properly
             one
             Universal
             Kingdom
             on
             earth
             ,
             under
             the
             Rule
             and
             Government
             of
             the
             Son
             of
             God
             ,
             both
             as
             Creator
             and
             Redeemer
             .
          
           
             By
             virtue
             of
             this
             original
             and
             primitive
             Freedom
             so
             recovered
             ,
             they
             were
             at
             their
             own
             choice
             ,
             whether
             to
             remain
             in
             ,
             and
             retain
             this
             their
             true
             freedom
             (
             unresigned
             and
             unsubjected
             to
             the
             Will
             of
             any
             Man
             )
             under
             the
             Rule
             of
             the
             Son
             of
             God
             and
             his
             Lawes
             ,
             or
             else
             to
             set
             up
             a
             King
             or
             any
             other
             Form
             of
             Government
             over
             them
             ,
             after
             the
             manner
             of
             other
             Nations
             .
             In
             this
             latter
             case
             ,
             it
             is
             acknowledged
             ,
             that
             when
             a
             Common-wealth
             or
             People
             ,
             do
             choose
             their
             first
             King
             ,
             upon
             condition
             to
             obey
             him
             and
             his
             Successors
             ,
             Ruling
             justly
             ;
             they
             ought
             to
             remain
             subject
             to
             him
             ,
             according
             to
             the
             Law
             ,
             and
             tenor
             of
             the
             Fundamental
             Compact
             with
             him
             ,
             on
             whom
             they
             have
             transferred
             their
             Authority
             .
             No
             Jurisdiction
             remaineth
             in
             them
             (
             after
             that
             free
             and
             voluntary
             Act
             of
             theirs
             )
             either
             to
             Judge
             the
             Realm
             ,
             or
             determine
             who
             is
             the
             true
             Successor
             ,
             otherwise
             than
             is
             by
             them
             reserved
             and
             stipulated
             ,
             by
             their
             Fundamental
             Laws
             and
             Constitutions
             of
             Government
             .
          
           
             And
             though
             the
             righteousness
             of
             this
             Cause
             (
             contained
             in
             the
             forementioned
             particulars
             )
             be
             such
             ,
             as
             carries
             in
             it
             its
             own
             evidence
             ;
             yet
             ,
             as
             (
             as
             things
             have
             fallen
             out
             )
             it
             is
             come
             to
             be
             oppressed
             and
             buried
             in
             the
             grave
             of
             Malefactors
             ;
             in
             the
             room
             of
             which
             ,
             a
             contrary
             Judgement
             and
             Way
             ,
             is
             visibly
             owned
             ,
             upheld
             ,
             and
             intended
             to
             be
             prosecuted
             to
             the
             utmost
             ,
             for
             its
             own
             fast-rooting
             and
             establishment
             ;
             and
             this
             ,
             by
             the
             common
             Consent
             and
             Association
             of
             Multitudes
             .
             What
             then
             remaines
             for
             the
             recovery
             and
             restitution
             of
             that
             good
             old
             Cause
             and
             Way
             ,
             but
             such
             a
             seasonable
             and
             signal
             appearance
             of
             God
             ,
             (
             as
             aforesaid
             )
             in
             the
             Valley
             of
             Jehoshaphat
             ?
             What
             but
             the
             taking
             things
             immediately
             into
             his
             own
             hands
             ,
             for
             administration
             of
             Judgement
             ,
             and
             giving
             the
             last
             and
             final
             decision
             ?
             Especially
             ,
             since
             what
             was
             foretold
             by
             Daniel
             ,
             is
             remarkably
             accomplished
             amongst
             us
             ,
             to
             wit
             ,
             that
             the
             visible
             Power
             of
             Gods
             People
             should
             be
             broken
             and
             scattered
             ,
             so
             as
             that
             they
             should
             have
             no
             might
             remaining
             
             in
             and
             with
             them
             ,
             to
             go
             against
             the
             Multitudes
             ,
             that
             design
             and
             resolve
             their
             Ruine
             .
          
           
             
               There
               is
               not
               any
               remedy
               left
               to
               them
               ,
               wherein
               they
               may
               expect
               success
               ,
               but
               from
               such
               a
               signal
               day
               of
               the
               Lord
               's
               immediate
               appearance
               in
               Judgement
               on
               their
               behalf
               .
            
             For
             their
             sakes
             therefore
             ,
             O
             Lord
             ,
             return
             thou
             on
             high
             ,
             (
             Psal
             .
             7.
             7.
             
             )
             take
             thy
             Throne
             of
             Judicature
             over
             men
             ,
             from
             which
             thou
             hast
             seemed
             to
             have
             departed
             ,
             and
             execute
             that
             righteous
             Judgement
             ,
             which
             thou
             hast
             seemed
             for
             a
             season
             to
             have
             suspended
             ,
             upon
             wise
             and
             holy
             ends
             best
             known
             to
             thy self
             .
          
           
             In
             such
             a
             dark
             and
             gloomy
             day
             ,
             those
             that
             truely
             fear
             the
             Lord
             ,
             are
             directed
             and
             required
             by
             him
             ,
             not
             to
             fear
             or
             be
             dismayed
             ,
             because
             he
             will
             be
             with
             them
             .
             They
             are
             encouraged
             in
             the
             way
             of
             Faith
             onely
             ,
             to
             expect
             this
             deliverance
             ;
             even
             to
             
               stand
               still
            
             ,
             as
             having
             no
             need
             to
             fight
             in
             this
             Battel
             ,
             but
             onely
             
               to
               see
               the
               Salvation
               of
               the
               Lord
               ,
            
             through
             believing
             .
          
           
             ANtient
             Foundations
             ,
             when
             once
             become
             destructive
             to
             those
             very
             ends
             for
             which
             they
             were
             first
             ordained
             ,
             and
             prove
             hinderances
             ,
             to
             the
             good
             and
             enjoyment
             of
             humane
             Societies
             ,
             to
             the
             true
             Worship
             of
             God
             ,
             and
             the
             Safety
             of
             the
             People
             ,
             are
             for
             their
             sakes
             ,
             and
             upon
             the
             same
             Reasons
             to
             be
             altered
             ,
             for
             which
             they
             were
             first
             laid
             .
             In
             the
             way
             of
             God's
             Justice
             they
             may
             be
             shaken
             and
             removed
             ,
             in
             order
             to
             accomplish
             the
             Counsels
             of
             his
             Will
             ,
             upon
             such
             a
             State
             ,
             Nation
             ,
             or
             Kingdom
             ,
             in
             order
             to
             his
             introducing
             a
             righteous
             Government
             ,
             of
             his
             own
             framing
             .
          
           
             This
             may
             have
             been
             the
             cause
             of
             our
             Wandrings
             as
             it
             were
             in
             a
             Wilderness
             ,
             and
             of
             God's
             bringing
             us
             back
             again
             into
             Egypt
             ,
             after
             our
             near
             approach
             to
             the
             Land
             of
             Rest
             ;
             that
             we
             have
             no
             better
             known
             ,
             and
             had
             no
             more
             care
             to
             prosecute
             ,
             what
             he
             principally
             intended
             in
             and
             by
             all
             our
             Changes
             and
             Removes
             ,
             in
             the
             course
             of
             his
             Providence
             .
             Yea
             we
             have
             added
             this
             also
             ,
             to
             the
             rest
             of
             our
             sins
             ,
             that
             we
             have
             improved
             the
             Gifts
             and
             Deliverances
             that
             God
             bestowed
             upon
             us
             ,
             another
             way
             ,
             and
             to
             another
             end
             than
             was
             by
             him
             intended
             ,
             as
             well
             as
             Providentially
             intimated
             ,
             by
             that
             holy
             Decree
             of
             his
             ,
             in
             the
             Decision
             ,
             declared
             at
             the
             Trial
             in
             his
             Martial
             Court
             ,
             with
             points
             of
             Swords
             .
          
           
             Here
             the
             great
             Controversie
             that
             had
             been
             depending
             many
             Ages
             between
             Rulers
             and
             the
             Ruled
             ,
             (
             as
             to
             the
             Claimes
             of
             the
             one
             in
             point
             of
             Prerogative
             ;
             and
             of
             the
             other
             in
             their
             Spiritual
             and
             Temporal
             
             Freedoms
             )
             was
             after
             many
             heats
             &
             colds
             ,
             many
             skirmishings
             and
             battels
             ,
             at
             last
             decided
             by
             the
             Sword.
             This
             is
             a
             way
             of
             Tryal
             allowed
             by
             the
             known
             common
             Law
             of
             England
             ,
             and
             the
             Law
             in
             force
             throughout
             all
             Nations
             .
             By
             this
             ,
             the
             Verdict
             is
             given
             forth
             from
             a
             Court
             of
             such
             a
             Nature
             ,
             as
             from
             whence
             there
             is
             no
             further
             appeal
             ;
             Especially
             since
             after
             the
             Tryal
             past
             ,
             quiet
             possesion
             was
             given
             to
             the
             Conquerors
             ,
             and
             continued
             some
             years
             .
             Upon
             this
             ,
             Reason
             and
             Gratitude
             to
             God
             ,
             obliged
             us
             to
             such
             a
             prosecution
             as
             might
             answer
             the
             true
             end
             of
             Government
             ;
             and
             in
             especial
             after
             that
             manner
             ,
             as
             might
             be
             most
             to
             God's
             well-pleasing
             .
          
           
             The
             Powerful
             Being
             which
             by
             success
             of
             Armes
             ,
             as
             given
             to
             the
             Peoples
             Representative
             Body
             in
             Parliament
             ,
             did
             communicate
             to
             it
             essentiallity
             ,
             according
             to
             the
             nature
             of
             that
             Being
             ,
             for
             which
             it
             was
             ordained
             .
             For
             that
             Being
             ,
             with
             Power
             of
             continuing
             together
             at
             their
             own
             pleasure
             ,
             were
             as
             the
             Soul
             and
             Body
             ,
             unseperated
             ,
             and
             they
             might
             have
             performed
             things
             necessary
             at
             present
             ,
             for
             the
             safety
             and
             preservation
             of
             the
             Body
             they
             represented
             .
             They
             might
             have
             been
             a
             good
             help
             to
             settle
             righteous
             Government
             ,
             in
             a
             constitution
             most
             acceptable
             to
             God
             ,
             and
             beneficial
             to
             the
             Governed
             ,
             on
             the
             Foundation
             of
             God's
             Institution
             ,
             and
             the
             Peoples
             Ordination
             ,
             in
             consent
             together
             ,
             laid
             by
             the
             Power
             of
             God
             and
             the
             Peoples
             own
             Swords
             ,
             in
             the
             hands
             of
             their
             faithful
             Trustees
             .
          
           
             It
             would
             imply
             a
             high
             contempt
             of
             God
             and
             his
             Dispensations
             ,
             so
             signal
             amongst
             us
             ,
             to
             communicate
             the
             benefit
             of
             them
             to
             his
             opposers
             .
             The
             right
             of
             choosing
             and
             being
             chosen
             into
             places
             of
             Trust
             in
             the
             Government
             ,
             was
             returned
             by
             the
             Law
             of
             the
             Sword
             (
             which
             is
             paramount
             to
             all
             humane
             Laws
             )
             into
             its
             primitive
             exercise
             ,
             which
             is
             warranted
             by
             the
             Law
             of
             God
             and
             of
             Nature
             .
             By
             that
             Law
             the
             most
             famous
             Monarchies
             of
             the
             World
             in
             all
             Ages
             were
             first
             constituted
             and
             setled
             ;
             and
             by
             it
             God
             decided
             our
             Cause
             ,
             looking
             for
             an
             event
             and
             fruit
             answerable
             to
             the
             benefit
             by
             him
             given
             ;
             even
             such
             a
             Government
             ,
             as
             God
             would
             have
             given
             us
             the
             Pattern
             of
             (
             had
             we
             sought
             it
             ,
             as
             was
             our
             duty
             )
             whereby
             Justice
             and
             Mercy
             should
             have
             been
             daily
             administred
             according
             to
             his
             will
             ,
             to
             the
             bringing
             on
             the
             
               new
               Heavens
               and
               new
               Earth
               ,
               wherein
               Righteousness
               might
               dwell
               .
            
          
           
             The
             Vessel
             of
             this
             Common-wealth
             now
             weather-heaten
             and
             torn
             ,
             seems
             to
             be
             more
             in
             danger
             ,
             than
             that
             wherein
             Jonah
             would
             have
             sled
             to
             Tarsus
             :
             For
             though
             we
             have
             cast
             forth
             a
             great
             part
             of
             our
             goods
             to
             secure
             it
             ,
             this
             has
             done
             us
             but
             small
             good
             .
             That
             Ship
             had
             but
             one
             Delinquint
             aboard
             ,
             which
             occasioned
             the
             Storm
             ;
             and
             
             his
             being
             thrown
             into
             the
             Sea
             ,
             brought
             immediate
             safety
             .
             They
             had
             also
             many
             skilful
             Seamen
             to
             guide
             it
             ,
             but
             all
             our
             Pilots
             are
             cast
             over-board
             ,
             and
             none
             left
             in
             appearance
             ,
             but
             guilty
             Passengers
             .
             Nay
             ,
             admit
             with
             Jonah
             ,
             both
             the
             Common-wealth
             and
             Cause
             be
             brought
             into
             most
             desperate
             Exigents
             and
             Extreamities
             ,
             from
             whence
             there
             is
             no
             more
             appearing
             redemption
             for
             them
             ,
             then
             such
             as
             they
             have
             ,
             that
             go
             down
             quick
             into
             the
             grave
             and
             belly
             of
             the
             Whale
             ;
             yet
             they
             may
             be
             preserved
             ,
             even
             by
             that
             which
             naturally
             of
             it self
             is
             irrecoverably
             destructive
             to
             them
             ,
             and
             be
             employed
             again
             in
             service
             by
             him
             against
             whom
             they
             have
             been
             so
             ungratefully
             rebellious
             after
             former
             great
             deliverances
             .
             So
             infinite
             are
             God's
             Mercies
             ,
             yea
             ,
             so
             exceeding
             Merciful
             are
             the
             severest
             of
             his
             Judgements
             and
             Dispensations
             towards
             his
             People
             .
          
           
             Thus
             may
             both
             People
             and
             Army
             be
             deprived
             of
             their
             Power
             ,
             and
             another
             party
             let
             in
             to
             plague
             and
             root
             out
             from
             amongst
             us
             ,
             such
             as
             are
             more
             wicked
             than
             themselves
             ,
             and
             so
             make
             room
             for
             a
             more
             righteous
             Generation
             ,
             which
             will
             begin
             all
             things
             anew
             .
          
           
             By
             the
             course
             of
             things
             acted
             amongst
             us
             ,
             God's
             sentence
             on
             our
             behalf
             is
             made
             void
             ,
             and
             that
             seems
             given
             away
             for
             ever
             ,
             which
             was
             recovered
             by
             the
             Sword.
             Our
             troubles
             are
             onely
             prorogued
             .
             No
             Faith
             or
             Contract
             is
             thought
             meet
             to
             be
             kept
             with
             Rebels
             and
             Hereticks
             ,
             when
             by
             acquired
             Power
             it
             may
             be
             broken
             .
             'T
             was
             the
             great
             solly
             and
             self-flattery
             of
             some
             ,
             to
             think
             it
             would
             be
             otherwise
             .
             It
             is
             most
             certainly
             true
             ,
             that
             no
             Time
             or
             Prescription
             ,
             is
             a
             just
             Bar
             to
             God's
             and
             the
             Peoples
             Right
             .
          
           
             To
             murmure
             against
             God's
             Verdict
             ,
             and
             resist
             his
             Doom
             ,
             so
             solemnly
             given
             and
             executed
             amongst
             us
             ,
             in
             the
             sight
             and
             concurring
             acknowledgement
             of
             the
             Nations
             round
             about
             ,
             is
             to
             become
             adversaries
             to
             God
             ,
             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
             folly
             to
             be
             alwayes
             but
             beginning
             to
             Live.
             Life
             is
             but
             a
             sorrowful
             state
             ,
             a
             perpetual
             issue
             of
             Errors
             .
             'T
             is
             a
             Web
             of
             unhappy
             Adventures
             ;
             A
             pursuit
             of
             divers
             Miseries
             enchained
             together
             on
             all
             sides
             .
             
               Solum
               id
               certum
               ,
               nil
               esse
               certi
               :
               Nec
               miserius
               quicquam
               homine
               nec
               superbius
               .
            
             Vanity
             is
             the
             most
             essential
             and
             proper
             quality
             of
             Man's
             first
             Nature
             .
             The
             World
             is
             not
             worth
             that
             Labour
             and
             Pains
             Man
             exercises
             in
             and
             about
             it
             ;
             which
             caused
             that
             saying
             ;
             A
             wise
             man
             should
             do
             nothing
             but
             for
             himself
             .
             T
             is
             not
             reason
             wise
             men
             should
             put
             themselves
             in
             danger
             for
             Fooles
             ,
             much
             less
             for
             Knaves
             .
          
           
             The
             Will
             onely
             is
             truly
             Mans
             own
             ,
             and
             the
             considerable
             part
             of
             the
             reasonable
             Soul.
             On
             it
             depend
             the
             issues
             of
             Good
             or
             Evil
             ,
             Life
             or
             Death
             .
             All
             the
             rest
             of
             a
             Man
             ,
             his
             Understanding
             ,
             Memory
             ,
             Imagination
             ,
             may
             be
             taken
             from
             him
             ,
             altered
             ,
             troubled
             by
             a
             thousand
             accidents
             .
             But
             the
             Will
             is
             so
             much
             in
             our
             own
             power
             ,
             that
             it
             cannot
             be
             taken
             away
             ,
             though
             its
             action
             may
             be
             hindred
             .
             'T
             is
             our
             own
             ,
             till
             we
             knowingly
             and
             freely
             give
             it
             away
             ,
             which
             may
             be
             .
             And
             he
             that
             hath
             once
             absolutely
             given
             up
             his
             Will
             to
             another
             ,
             is
             no
             more
             his
             own
             man.
             He
             hath
             left
             himself
             nothing
             of
             his
             own
             .
             T
             is
             by
             the
             Will
             we
             are
             good
             or
             evil
             ,
             happy
             or
             unhappy
             .
          
        
         
           
           
             Concerning
             Government
             .
          
           
             He
             that
             gives
             up
             his
             Will
             to
             the
             Rule
             and
             Government
             of
             another
             ,
             becomes
             subject
             to
             that
             other
             .
             Men
             that
             are
             born
             equal
             ,
             come
             to
             be
             made
             subject
             two
             wayes
             ;
             either
             ,
             by
             the
             free
             giving
             up
             of
             themselves
             to
             others
             ,
             or
             by
             others
             violent
             assuming
             and
             exercising
             power
             over
             them
             ,
             because
             they
             are
             strangers
             ,
             as
             Nimrod
             the
             mighty
             hunter
             of
             men
             ,
             served
             his
             fellow
             mortals
             .
          
           
             Government
             is
             either
             Royal
             ,
             or
             Seignioral
             and
             Tyrannical
             ,
             as
             the
             Turks
             .
             'T
             is
             then
             properly
             Royal
             ,
             be
             it
             administred
             by
             one
             ,
             by
             many
             ,
             or
             by
             all
             their
             Representatives
             ,
             when
             he
             or
             they
             that
             have
             Soveraign
             Power
             ,
             obey
             the
             Laws
             of
             Nature
             ,
             preserve
             the
             natural
             Liberty
             and
             propriety
             of
             the
             Goods
             and
             Persons
             of
             the
             Subjects
             ,
             which
             no
             reasonable
             men
             ,
             acted
             by
             sound
             judgement
             ,
             will
             ever
             absolutely
             give
             away
             ,
             but
             secure
             their
             right
             in
             ,
             and
             power
             over
             ,
             by
             fundamental
             Contracts
             and
             Agreements
             with
             their
             Governors
             .
          
           
             Absolute
             Soveraignty
             is
             a
             perpetual
             power
             over
             all
             ,
             without
             any
             restraint
             ,
             limitations
             or
             conditions
             put
             upon
             the
             Soveraign
             .
             This
             consists
             in
             a
             power
             of
             giving
             Laws
             to
             all
             in
             general
             ,
             and
             to
             every
             one
             in
             particular
             ,
             without
             the
             consent
             or
             gift
             of
             any
             others
             ,
             and
             requiring
             universal
             and
             undispensable
             obedience
             to
             all
             his
             Commands
             ,
             under
             just
             penalties
             .
             This
             Soveraignty
             is
             proper
             onely
             to
             the
             highest
             Being
             ,
             not
             at
             all
             to
             Creatures
             ,
             though
             where
             the
             Government
             is
             Despotical
             and
             Seignioral
             ,
             it
             is
             assumed
             and
             exercised
             .
          
           
             But
             Government
             Royal
             ,
             is
             that
             which
             is
             consonant
             to
             the
             immutable
             Laws
             of
             Nature
             and
             Dictates
             of
             right
             Reason
             ,
             which
             require
             a
             conservation
             of
             the
             Subjects
             Liberty
             ,
             and
             Propriety
             in
             their
             goods
             and
             persons
             ,
             as
             well
             as
             the
             preservation
             and
             upholding
             of
             Empire
             and
             Authority
             in
             the
             Prince
             ,
             and
             find
             out
             the
             Medium
             ,
             through
             the
             mutual
             Agreements
             of
             Soveraign
             and
             Subjects
             ,
             for
             both
             to
             consist
             .
          
           
             In
             Quarrels
             between
             Subjects
             and
             Soveraigns
             ,
             about
             the
             Subjects
             Liberty
             and
             the
             Kings
             Prerogative
             ,
             't
             is
             seldom
             seen
             ,
             but
             the
             Error
             lies
             on
             the
             Soveraign's
             part
             ,
             who
             is
             apt
             to
             be
             flattered
             into
             the
             presumptuous
             exercise
             of
             such
             an
             absolute
             Soveraignty
             and
             Legislative
             Dominion
             over
             them
             ,
             as
             becomes
             no
             creature
             ,
             and
             exceeds
             all
             the
             bounds
             of
             that
             Contract
             he
             made
             with
             them
             ,
             at
             his
             Inauguration
             .
          
           
             All
             just
             Power
             and
             Authority
             is
             from
             God
             ,
             and
             by
             virtue
             of
             his
             Ordinance
             and
             Institution
             .
             
               He
               therefore
               that
               resisteth
               the
               Power
               ,
               resisteth
               
               the
               Ordinance
               of
               God.
            
             But
             all
             contrarient
             actings
             against
             the
             Prince
             ,
             are
             not
             to
             be
             accounted
             a
             resisting
             of
             the
             Power
             ;
             especially
             ,
             when
             the
             whole
             State
             is
             concerned
             ,
             and
             the
             business
             is
             managed
             by
             publick
             Trustees
             ,
             called
             and
             authorized
             by
             Law
             ,
             as
             Conservers
             of
             the
             State
             ,
             and
             Defenders
             of
             the
             publick
             Liberties
             and
             Lawes
             thereof
             .
             In
             such
             a
             publick
             capacity
             ,
             to
             stand
             in
             the
             gap
             ,
             when
             a
             Breach
             is
             made
             ,
             and
             hinder
             any
             charge
             or
             attempt
             that
             would
             ruinate
             the
             State
             ,
             is
             Duty
             .
             In
             such
             case
             ,
             they
             ought
             to
             withstand
             and
             hinder
             the
             violent
             proceedings
             of
             any
             ,
             either
             by
             way
             of
             Justice
             in
             a
             Legal
             tryal
             ,
             or
             by
             force
             .
             For
             the
             Prince
             is
             not
             Master
             of
             the
             State
             ,
             but
             onely
             a
             Guardian
             and
             Defender
             thereof
             ,
             from
             injuries
             and
             evil
             .
             Yet
             these
             affaires
             ,
             for
             redress
             of
             Grievances
             ,
             in
             case
             of
             Princes
             failers
             ,
             belong
             not
             to
             all
             ,
             but
             to
             the
             Tutors
             and
             Maintainers
             of
             the
             State
             ,
             or
             those
             that
             are
             interested
             therein
             ;
             as
             Electors
             in
             Elective
             States
             ,
             and
             in
             Hereditary
             States
             ,
             the
             States
             General
             and
             Representative
             Body
             of
             the
             Kingdom
             ,
             according
             to
             the
             tenor
             of
             their
             fundamental
             Laws
             .
             In
             this
             case
             it
             is
             generally
             acknowledged
             lawful
             ,
             to
             resist
             a
             Tyrant
             .
          
           
             Under
             the
             cross
             Accidents
             ,
             issuing
             from
             such
             Contests
             ,
             to
             which
             man
             is
             subject
             through
             others
             arbitrary
             Domination
             ,
             he
             may
             carry
             himself
             well
             ,
             two
             wayes
             .
          
           
             1.
             
             By
             a
             strong
             and
             vigorous
             resistance
             thereof
             ,
             to
             the
             last
             ,
             for
             diverting
             or
             blunting
             the
             point
             of
             it
             ,
             so
             as
             either
             to
             escape
             or
             force
             it
             .
          
           
             2.
             
             The
             other
             way
             ,
             and
             that
             perhaps
             the
             surest
             ,
             is
             to
             take
             and
             receive
             these
             Accidents
             at
             the
             worst
             ,
             let
             them
             prove
             what
             they
             will
             ,
             though
             to
             the
             loss
             of
             Life
             and
             all
             that
             's
             dear
             to
             him
             in
             this
             World.
             To
             resolve
             within
             himself
             to
             bear
             them
             sweetly
             and
             patiently
             ,
             and
             peaceably
             to
             attend
             whatever
             shall
             happen
             ,
             without
             tormenting
             himself
             about
             it
             ,
             or
             loosing
             the
             calmness
             and
             serenity
             of
             his
             mind
             in
             going
             about
             to
             hinder
             or
             prevent
             it
             .
             He
             that
             takes
             the
             first
             course
             ,
             labours
             to
             escape
             ;
             he
             that
             takes
             the
             latter
             is
             content
             rather
             to
             suffer
             .
             This
             many
             times
             proves
             the
             better
             bargain
             .
             'T
             is
             possible
             to
             incur
             greater
             inconveniency
             and
             loss
             in
             pleading
             and
             contending
             ,
             than
             in
             loosing
             ,
             or
             in
             flying
             for
             safety
             ,
             than
             in
             suffering
             .
          
        
         
           
             Concerning
             Friendship
             .
          
           
             Perfect
             friendship
             is
             a
             very
             plain
             and
             universal
             complication
             or
             enfolding
             of
             two
             Soules
             in
             one
             ,
             so
             ,
             that
             the
             Conjunction
             is
             most
             intimate
             and
             inseparable
             .
             They
             can
             no
             more
             be
             divided
             ;
             nor
             would
             they
             ,
             if
             they
             might
             .
          
           
           
             Secondly
             ,
             It
             is
             very
             free
             ,
             being
             built
             upon
             the
             pure
             choice
             and
             liberty
             of
             the
             Will
             ,
             without
             any
             other
             obligation
             or
             forreign
             motive
             .
          
           
             Thirdly
             ,
             Without
             any
             exception
             of
             things
             ,
             goods
             ,
             honours
             ,
             judgements
             ,
             thoughts
             ,
             wills
             ,
             Life
             .
          
           
             Marriage
             it self
             is
             some
             resemblance
             of
             this
             divine
             knot
             ,
             as
             saith
             the
             Apostle
             ,
             who
             from
             thence
             mounts
             in
             his
             contemplation
             to
             the
             great
             mysterie
             of
             this
             kind
             between
             Christ
             and
             his
             Church
             .
             Abraham
             is
             called
             ,
             
               the
               friend
               of
               God.
            
             
          
        
         
           
             Concerning
             Enemies
             .
          
           
             In
             reference
             to
             our
             Enemies
             we
             must
             take
             care
             ,
             not
             to
             meditate
             Revenge
             .
             Yet
             in
             some
             sense
             we
             may
             account
             it
             an
             excellent
             and
             worthy
             revenge
             ,
             to
             slight
             the
             worst
             they
             can
             do
             ,
             whereby
             we
             take
             away
             the
             pleasure
             which
             they
             think
             to
             have
             ,
             in
             vexing
             us
             .
             We
             must
             in
             suffering
             Injuries
             ,
             have
             respect
             to
             our selves
             and
             to
             him
             that
             offends
             us
             .
             Touching
             our selves
             ,
             we
             must
             take
             heed
             ,
             that
             we
             do
             nothing
             unworthy
             or
             unbecoming
             us
             ,
             that
             may
             give
             the
             enemy
             advantage
             against
             us
             .
             As
             to
             him
             that
             offends
             us
             ,
             we
             should
             be
             wise
             as
             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
             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
             the
             Lord
             :
             which
             therefore
             we
             should
             be
             most
             willing
             unto
             ,
             and
             with
             greatest
             longing
             after
             ,
             desire
             .
             The
             strait
             which
             the
             Apostle
             found
             himself
             in
             ,
             was
             not
             at
             all
             from
             the
             least
             haesitation
             in
             his
             mind
             ,
             which
             of
             the
             two
             ,
             was
             in
             it self
             best
             and
             to
             be
             preferred
             ,
             but
             by
             which
             Christ
             might
             most
             be
             magnified
             ,
             and
             the
             Church
             benefitted
             ,
             according
             to
             the
             will
             of
             Christ
             .
          
           
           
             So
             then
             unless
             to
             live
             were
             Christ
             ,
             and
             a
             real
             and
             clear
             magnifying
             of
             Christ
             in
             his
             Body
             ,
             he
             cared
             not
             for
             Life
             ,
             but
             contemned
             Death
             .
             He
             saw
             evidently
             how
             it
             was
             his
             own
             particular
             loss
             and
             hindrance
             ,
             even
             ,
             not
             to
             Die
             ,
             since
             to
             be
             dissolved
             ,
             to
             depart
             and
             be
             with
             Christ
             ,
             and
             in
             the
             Society
             of
             the
             blessed
             Angels
             and
             Saints
             in
             Heaven
             ,
             was
             best
             of
             all
             ,
             and
             far
             more
             gainful
             and
             to
             be
             valued
             by
             him
             ,
             than
             any
             longer
             continuance
             or
             abode
             in
             the
             flesh
             .
          
           
             The
             magnifying
             of
             Christ
             in
             his
             Body
             ,
             whether
             by
             Life
             or
             by
             Death
             ,
             was
             the
             Consideration
             with
             Paul
             ,
             that
             held
             the
             ballance
             ,
             cast
             the
             scale
             ,
             and
             that
             onely
             .
             So
             it
             ought
             to
             be
             with
             every
             true
             Christian
             .
          
           
             The
             end
             of
             man's
             coming
             into
             the
             Body
             ,
             and
             his
             temporary
             continuance
             and
             abode
             there
             ,
             according
             to
             the
             Law
             of
             his
             Creation
             ,
             is
             the
             magnifying
             and
             glorifying
             Christ
             ,
             either
             by
             his
             Life
             or
             by
             his
             Death
             ,
             or
             both
             ,
             the
             one
             of
             which
             if
             he
             do
             not
             ,
             it
             must
             needs
             be
             his
             sin
             ,
             and
             he
             is
             left
             without
             excuse
             .
             For
             none
             can
             violate
             or
             corrupt
             the
             mind
             of
             man
             ,
             by
             the
             Law
             of
             Nature
             ,
             nor
             let
             in
             Death
             upon
             his
             Spiritual
             Substance
             ,
             but
             himself
             ,
             though
             they
             dissolve
             his
             temporary
             abode
             in
             the
             flesh
             ,
             break
             his
             outward
             case
             and
             shel
             ;
             and
             rather
             than
             do
             the
             one
             ,
             we
             should
             choose
             the
             other
             ,
             choose
             affliction
             rather
             than
             sin
             ,
             the
             dissolution
             of
             the
             Body
             ,
             rather
             than
             the
             corrupting
             of
             the
             Mind
             .
             In
             so
             doing
             and
             dying
             ,
             Christ
             is
             magnifyed
             .
             Thus
             Peter
             was
             foretold
             ,
             
               by
               what
               Death
               he
               should
               glorify
               God.
               And
               to
               such
               it
               is
               given
               by
               Christ
               ,
               not
               onely
               to
               Believe
               ,
               but
               Suffer
               and
               Die
               for
               his
               Names
               sake
               ,
            
             as
             a
             transcendent
             priviledge
             and
             honour
             .
          
           
             If
             no
             restraint
             then
             be
             upon
             our
             mind
             from
             without
             ,
             what
             hinders
             that
             Christ
             is
             not
             magnified
             in
             our
             Body
             ,
             but
             something
             within
             us
             ;
             in
             our
             judgement
             ,
             will
             ,
             and
             affections
             ,
             that
             are
             not
             right
             set
             and
             fixed
             ,
             nor
             as
             yet
             wrought
             to
             this
             self
             same
             thing
             by
             God
             ,
             who
             hath
             
               given
               us
               the
               earnest
               of
               his
               Spirit
               ?
            
          
           
             But
             it
             may
             be
             demanded
             ,
             What
             is
             it
             ,
             in
             which
             this
             great
             duty
             of
             man
             lies
             ,
             as
             to
             the
             magnifying
             of
             Christ
             in
             his
             Body
             by
             his
             Life
             ,
             or
             living
             in
             the
             Body
             ,
             which
             is
             a
             more
             difficult
             thing
             to
             do
             than
             to
             Die
             ?
             Christ
             himself
             tells
             us
             ,
             when
             he
             saith
             ,
             
               Let
               your
               Light
               so
               shine
               before
               men
               ,
               that
               they
               may
               see
               ,
            
             feel
             ,
             and
             sensibly
             discern
             ,
             
               your
               good
               works
               ;
               and
               so
               ,
               glorify
               your
               father
               which
               is
               in
               Heaven
               .
            
          
           
             There
             are
             two
             sorts
             of
             signs
             we
             read
             of
             ,
             in
             those
             that
             believe
             ,
             which
             justifie
             their
             Faith
             ,
             in
             consortship
             (
             as
             it
             were
             )
             with
             which
             their
             Faith
             works
             and
             is
             made
             perfect
             ,
             so
             as
             
               the
               work
               of
               Faith
               is
               fulfilled
               in
               them
               with
               power
               .
            
          
           
             1.
             
             Signs
             Extraordinary
             ,
             as
             Mark
             16.
             18.
             with
             which
             the
             Primitive
             
             Christians
             were
             well
             acquainted
             ,
             and
             so
             may
             all
             such
             again
             ,
             as
             arrive
             to
             any
             competent
             maturity
             in
             that
             primitive
             Christian
             Spirit
             .
          
           
             2.
             
             
               Signes
               Ordinary
               ,
               as
               those
               mentioned
               ,
            
             Gal.
             5.
             22
             ,
             23.
             called
             ,
             the
             fruits
             of
             the
             Spirit
             in
             us
             ,
             
               that
               makes
               us
            
             mighty
             in
             word
             and
             in
             deed
             ,
             not
             onely
             to
             will
             but
             to
             perform
             that
             which
             is
             good
             ;
             by
             being
             filled
             with
             the
             Spirit
             in
             our
             very
             Bodies
             ,
             made
             the
             Temples
             of
             the
             holy
             Ghost
             ,
             rich
             in
             Faith
             and
             Tuch
             good
             Works
             ,
             
               as
               are
               the
               fruit
               of
               Faith
               ,
            
             without
             which
             ,
             Faith
             it self
             is
             dead
             
               and
               unprofitable
               ;
               and
               by
               which
               ,
            
             Abraham
             justified
             his
             Faith
             ,
             and
             was
             called
             ,
             the
             Friend
             of
             God.
             
          
           
             It
             is
             in
             this
             sense
             ,
             the
             Prophet
             urges
             the
             sanctification
             of
             our
             Vessels
             ,
             when
             he
             saith
             ,
             
               Be
               ye
               clean
               that
               bear
               the
               Vessels
               of
               the
               Lord.
            
             And
             the
             Apostle
             ,
             when
             he
             saith
             ,
             1
             
               Cor.
               6.
               19.
               
               What!
               know
               ye
               not
               that
               your
               Body
               is
               the
               Temple
               of
               the
               holy
               Ghost
               ,
            
             unto
             which
             Redemption
             by
             Christ
             extends
             ,
             as
             well
             as
             to
             your
             Spirits
             ?
             
               therefore
               glorify
               God
               in
               your
               Body
               as
               well
               as
               in
               your
               Spirit
               ,
               which
               is
               God's
               ,
            
             and
             wherein
             he
             hath
             and
             challengeth
             a
             special
             propriety
             .
          
           
             The
             Body
             in
             Scripture
             acceptation
             ,
             signifies
             ,
             not
             onely
             the
             material
             substance
             ,
             from
             which
             the
             Soul
             is
             actually
             separated
             ,
             when
             it
             is
             laid
             in
             the
             Grave
             ;
             but
             very
             usually
             the
             Soul
             it self
             ,
             that
             is
             to
             say
             ,
             that
             part
             of
             the
             Soul
             ,
             which
             vitally
             unites
             the
             Body
             to
             it self
             ,
             whose
             faculty
             and
             operation
             is
             in
             and
             by
             the
             Body
             ,
             and
             doth
             properly
             and
             immediately
             exercise
             bodily
             Life
             ,
             as
             that
             which
             is
             co-natural
             ,
             and
             co-essential
             to
             it
             .
          
           
             There
             is
             a
             higher
             part
             in
             man's
             Soul
             ,
             called
             Spirit
             ,
             in
             distinction
             from
             Soul
             and
             Body
             ,
             expressed
             1
             Thes
             .
             5.
             23.
             as
             if
             the
             Spirit
             were
             an
             entire
             thing
             in
             it self
             ,
             though
             it
             be
             that
             ,
             in
             and
             with
             which
             ,
             Soul
             and
             Body
             doth
             consist
             ,
             as
             parts
             of
             the
             whole
             Man.
             
               I
               pray
               God
            
             ,
             saith
             the
             Apostle
             ,
             
               that
               your
               whole
               Spirit
               ,
               Soul
               ,
               and
               Body
               ,
               be
               preserved
               blameless
               to
               the
               coming
               of
               Christ
               ,
               and
               that
               you
               may
               be
               sanctified
               throughout
               ,
            
             or
             in
             every
             part
             of
             you
             ,
             
               in
               your
               Soul
               and
               in
               your
               Body
               ,
            
             which
             are
             to
             be
             esteemed
             but
             as
             parts
             ,
             comparatively
             with
             your
             whole
             Spirit
             .
          
           
             Man
             ,
             considered
             as
             entire
             in
             his
             Spirit
             ,
             may
             have
             and
             hath
             being
             ,
             before
             he
             partakes
             of
             Flesh
             and
             Blood
             ,
             as
             it
             is
             written
             ,
             Behold
             ,
             saith
             Christ
             ,
             
               I
               and
               the
               children
               which
               thou
               hast
               given
               me
               .
               Forasmuch
               then
               as
               the
               children
               are
               partakers
               of
               Flesh
               and
               Blood
               ,
               he
               also
               himself
               took
               part
               of
               the
               same
               :
            
             even
             he
             ,
             who
             ,
             with
             the
             children
             ,
             were
             a
             mystery
             hid
             with
             the
             Father
             ,
             before
             the
             World
             was
             ,
             and
             had
             their
             Seminal
             and
             radical
             Being
             ,
             in
             the
             Word
             of
             Life
             ,
             the
             Father
             of
             Spirits
             .
             In
             this
             Word
             ,
             as
             in
             the
             Image
             and
             Mental
             conception
             of
             the
             invisible
             God
             ,
             the
             Souls
             of
             all
             men
             ,
             even
             of
             Christ
             himself
             ,
             as
             man
             ,
             were
             
             comprehended
             ,
             as
             in
             their
             original
             pattern
             and
             rule
             ,
             in
             order
             at
             the
             time
             appointed
             ,
             to
             come
             into
             flesh
             ,
             and
             there
             make
             their
             temporary
             abode
             ,
             allotted
             to
             them
             .
          
           
             By
             the
             Condition
             and
             Law
             of
             Man's
             Creation
             ,
             he
             is
             made
             a
             Spiritual
             essence
             ,
             with
             two
             distinct
             faculties
             and
             operations
             ,
             according
             to
             which
             he
             may
             be
             said
             to
             be
             both
             Immortal
             and
             Mortal
             ,
             Immaterial
             and
             Material
             ,
             Spirit
             and
             Body
             ,
             as
             Body
             signifies
             man's
             animal
             rational
             Soul
             ,
             that
             is
             to
             live
             in
             flesh
             ,
             and
             hath
             its
             peculiar
             desire
             ,
             faculty
             ,
             and
             operation
             ,
             proportioned
             thereunto
             .
             In
             all
             this
             Man
             bears
             the
             Image
             and
             Similitude
             of
             God
             the
             Mediator
             ,
             or
             of
             the
             Godhead
             in
             Christ
             ,
             as
             two
             Natures
             in
             him
             are
             Hypostatically
             united
             ,
             and
             make
             but
             one
             Compositum
             ,
             or
             Person
             .
             This
             was
             comprehended
             in
             that
             Counsel
             which
             the
             blessed
             Trinity
             took
             concerning
             the
             making
             of
             Man
             in
             their
             Image
             ,
             and
             after
             their
             Similitude
             .
             He
             was
             made
             male
             and
             female
             in
             his
             very
             Spiritual
             substance
             .
          
           
             First
             ,
             with
             a
             faculty
             ,
             and
             operation
             of
             mind
             ,
             superiour
             ,
             stronger
             and
             more
             excellent
             ,
             which
             is
             free
             and
             independent
             upon
             bodily
             organs
             ,
             exercising
             Life
             ,
             properly
             and
             purely
             Spiritual
             and
             Immaterial
             ,
             above
             and
             without
             the
             use
             of
             sensible
             ,
             signes
             ,
             or
             shapes
             .
          
           
             Secondly
             ,
             With
             that
             inferiour
             faculty
             and
             operation
             of
             mind
             ,
             whose
             subsistence
             ,
             life
             ,
             being
             ,
             and
             motion
             ,
             is
             in
             ,
             with
             ,
             and
             by
             the
             body
             ,
             and
             through
             the
             use
             of
             bodily
             organs
             ,
             sensible
             signes
             ,
             and
             external
             mediums
             ,
             on
             the
             loss
             of
             which
             ,
             this
             second
             faculty
             and
             operation
             of
             man's
             Soul
             ,
             which
             is
             the
             weaker
             ,
             inferiour
             ,
             and
             less
             valuable
             ,
             ceases
             ;
             at
             least
             ,
             is
             for
             a
             time
             suspended
             ,
             which
             in
             Scripture
             phrase
             is
             called
             Death
             ;
             even
             the
             Death
             of
             the
             Body
             .
             Yet
             the
             more
             vigorous
             the
             exercise
             of
             this
             latter
             is
             ,
             and
             the
             more
             that
             thereby
             we
             are
             at
             home
             in
             the
             Body
             ,
             the
             more
             in
             truth
             and
             reality
             we
             are
             dead
             ;
             at
             least
             ,
             asleep
             in
             the
             earth
             ,
             as
             to
             our
             more
             Noble
             and
             Spiritual
             part
             ,
             in
             and
             through
             which
             ,
             we
             enjoy
             most
             of
             the
             presence
             of
             God
             and
             of
             Christ
             .
          
           
             Since
             therefore
             ,
             mans
             constitution
             of
             Being
             ,
             in
             such
             ,
             as
             he
             cannot
             live
             both
             these
             Lives
             together
             ,
             untill
             the
             Resurrection
             ,
             but
             that
             in
             the
             one
             of
             them
             ,
             he
             must
             be
             incompleat
             ,
             have
             his
             operation
             much
             suspended
             ,
             and
             be
             ,
             as
             it
             were
             dead
             or
             asleep
             .
          
           
             To
             resolve
             which
             of
             these
             to
             choose
             and
             prefer
             ,
             ought
             not
             to
             be
             so
             difficult
             ,
             as
             commonly
             it
             is
             made
             .
          
        
         
           
           
             On
             the
             SUFFERINGS
             of
             the
             Renowned
             Sir
             H.
             Vane
             ,
             Knight
             .
          
           
             —
             GReat
             Soul
             ,
             ne're
             Understood
          
           
             Until
             deciphered
             by
             thy
             Blood
             ,
          
           
             A
             Priest
             ,
             a
             Prophet
             ,
             and
             a
             King
             ,
          
           
             Systeme
             of
             every
             worthy
             thing
             .
          
           
             Dying
             ,
             that
             Liberty
             might
             Live
             ,
          
           
             The
             
               English
               Cause
            
             he
             doth
             retrieve
             ;
          
           
             Stating
             it
             in
             no
             formal
             dress
             ,
          
           
             But
             in
             the
             Spirit
             of
             Righteousness
             .
          
           
             Which
             he
             from
             th'
             earth
             perceiving
             fled
             ,
          
           
             Dy'd
             ,
             to
             Return
             with
             't
             from
             the
             Dead
             .
          
           
             Persons
             or
             Forms
             of
             Government
             ,
          
           
             Did
             little
             make
             to
             his
             intent
             .
          
           
             To
             nought
             was
             he
             an
             Enemy
             ,
          
           
             But
             what
             was
             fix'd
             in
             Enmity
             .
          
           
             '
             Gainst
             which
             he
             fought
             with
             eager
             breath
             ,
          
           
             Became
             Victorious
             in
             his
             Death
             .
          
           
             And
             this
             not
             by
             necessity
             ,
          
           
             It
             was
             his
             Principle
             to
             Dye
             .
          
           
             Flesh
             will
             resist
             ,
             but
             Faith
             can
             suffer
             ,
          
           
             The
             soft
             hand
             's
             gone
             ,
             beware
             the
             rougher
             .
          
           
             Th'
             envy
             and
             hate
             of
             every
             Form
             ,
          
           
             Upon
             his
             head
             pour'd
             down
             the
             Storm
             .
          
           
             Whilst
             he
             sublim'd
             ,
             and
             sav'd
             the
             good
          
           
             O'
             th'
             lowest
             ,
             and
             seal'd
             it
             with
             his
             Blood.
          
           
             How
             great
             he
             was
             ,
             his
             Enemies
             tell
             ,
          
           
             Who
             ,
             while
             he
             liv'd
             ,
             could
             not
             be
             well
             .
          
           
             And
             in
             what
             stead
             his
             offering
             stood
             ,
          
           
             By
             resolute
             silence
             ,
             Friends
             made
             good
             .
          
           
             The
             male
             o'
             th'
             Flock
             is
             ta'ne
             ,
             the
             best
             ,
          
           
             To
             expiate
             the
             blame
             o'
             th'
             rest
             .
          
           
             What
             tears
             and
             prayers
             wanted
             in
             strength
             ,
          
           
             His
             crying
             blood
             brings
             down
             at
             length
             .
          
           
             Groan
             ,
             English
             Hearts
             !
             groan
             !
             help
             the
             cry
             ,
          
           
             Lord
             Jesus
             Come
             !
             I
             come
             quickly
             .
          
           
             FINIS
             .
          
        
      
    
     
       
         
         
           The
           Printer
           to
           the
           Reader
           .
        
         
           IT
           's
           very
           probable
           thou
           mayest
           meet
           with
           some
           faults
           and
           misprintings
           escaped
           the
           Corrector
           ,
           which
           could
           not
           be
           avoided
           ,
           by
           reason
           of
           the
           distance
           between
           the
           Transcriber
           and
           the
           Press
           ;
           thou
           art
           desired
           to
           correct
           them
           ,
           and
           pass
           them
           by
           with
           candor
           .
           One
           thou
           mayest
           find
           in
           page
           54
           ,
           and
           55
           ,
           all
           those
           words
           within
           the
           Parenthesis
           ,
           should
           come
           in
           after
           the
           word
           Penetent
           .
           And
           page
           97.
           in
           the
           Title
           to
           that
           part
           ,
           read
           Case
           for
           Cause
           .
        
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A63192-e130
           
             ☜