ANNOTATIONS UPON THE EARL OF strafford's CONCLUSION.  
The Twelfth of April, 1641.  
Printed in the year, 1641.   

THE CONCLUSION Of the Earl of strafford's Defence, the twelfth of April, 1641.  
MY Lords, there yet remains another Treason, that I should be guilty of; the indeaovuring to subvert the fundamental Laws of the Land, that they should now be Treason, together, that is not Treason in any one part of Treason 
a Intention of Treason, is Treason (not so in felony) when it is proved, though by facts which in themselves are no treason.  accumulative, that so when all will not do, it is woven up with others, it should seem very strange.  
Under favour, my Lords, I do not conceive that there is either Stature-Law, nor Common-law, that doth declare the endeavouring to subvert the fundamental Laws to be high Treason 
b One excepted which is a law against such as break the fundamental law of the kingdom besides 25: Ed. 3 which leaves it in the breast of a Parliament to judge such things treason which are so in their own natures, though not expressed. .  
For neither statute-Law, nor Common-Law written 
c In things wherein men should be a law unto themselves; If they sin without the law, they perish without the law. , that ever I could hear of, declareth it so.  
And yet I have been diligent to inquire 
d Had you not been worse than a heathen, you might have found at within you written in the common law of nature. , (as I believe you think it doth concern me to do.  
It is hard to be questioned for life and honour, upon a Law that cannot be shown 
e If it were so, it is but lex taeionis, and it is well that by altering the Scene, your judgement is so rightly informed, which never thought that burden hard you laid upon others. .  
There is a rule which I have learned from Sir Edward Cook, De non apparen. tibus & non existentibus eadem ratio, (jesus) where hath this fire lain all this while, so many hundreds of years without any smoke to discover it, till it thus burst forth to consume me, and my children 
f And longer might have lain, had not such a firebrand as you, given too just cause to teend it; Who as you have made women childless, so in justice will God make your mother childless, and your children fatherless. : extreme hard in my opinion, that punishment should precede promulgation, of a Law punished by a Law subsequent to the Acts done? 
f Parricide hath been thought too notorious and unnatural a crime to have a law made against it, and yet judged a crime when committed. Some offences are so heinous, that they condemn themselves, and need no law to judge them, much less to be proclaimed against them, whereof this is one, a worse than parricide.   
Take it into your considerations, for certainly it is now better to be under no law at all but the will of men, 
g Hoc op●●, hic labourest.  then to conform ourselves under the protection of a law as we think, and then be punished for a crime that doth precede that law, what man can be safe, if that be once admitted 
g Nay, rather what Commonwealth can be safe if this be not admitted, in such cases as either cannot be foreseeme, or which Nature abhorrer to imagine. .  
My Lords, it is hard in another respect, that there should be no token set upon this offence, by which we should know it, no admonition by which we should be ware of it 
h It is strange that he that carries the face of a man should need an admonition, not to betray his country. .  
If a man pass down the Thames in a Boat, and it be split upon an Anchor, and a boy, being set as a token that there is an anchor there, that party that owes the anchor, by the Maritine Laws, shall give satisfaction for the damage done; but if it were marked out, I must come upon my own peril 
i One would think there need no Law to forbid a man to fire the house he dwells in, or to sink the ship he fails in, and in cale he attempt this, though no Maritine law forbidden it, no doubt, it is just to throw him overboard to save the rest, and let him perish alone. .  
Now where is the mark upon this crime, where is the token that this is high Treason 
k The Parliament is as well a court of equity as of Law (as by a special clause of reservation in the 25. Ed 3. in the very case of Treason does appear) and so in equity may supply the literal defects of the Law (in case it were defective) as the Chancery does the King's bench; and if so, it must needs be just, That he that would not destroy three Kingdoms, for no other reason, but only because there is a Law that makes it Treason, should in equity suffer as a traitor for taking the liberty to do it, because there is no law, or because he knows of none against it. .  
If it be under water, and not above water, no humane providence can avail, nor prevent my destruction 
l There is great hope so, because a divine one hath decreed it. Job 34.29.30. .  
Lay aside all humane Wisdom, and let us rest upon divine Revelation, if you will condemn before you forewarn of the danger 
m He that kills a King, in humane wisdom without Revelation, may well think he shall die for it, though no Law should threaten it, & much more if he destroy the Commonwealth which cannot perish, and the King be preserved. .  
Oh my Lords, may your Lordships be pleased to give that regard unto the Peere-age of England, as never to suffer ourselves to be put on those nice points, upon such constructive interpretations, and these are where Laws are not clear or known, if there must be a Trial of wits, I do most humbly beseech you, the subject and matter may be in somewhat else, than the lives and Honours of Peers 
n Or the Being's and Well-beings of whole kingdoms. .  
My Lords, we find that in the primitive times, in the progression of the plain Doctrine of the Apostles; they brought the Books of curious Arts, and burned them. And so likewise as I do conceive, it will be wisdom and providence in your Lordships, for your posterity, and the whole Kingdom, 
o That means to tread in your steps.  to cast from you into the fire these bloody and most mysterious Volumes of constructive and Arbitrary Treasons 
p If there were no express Law to make it treason, yet it is equal that he that seeks to bring this Kingdom under an arbitrary government, should receive an arbitrary punishment. , and to betake yourselves to the plain Letter of the Law and Statute, that telleth us where the crime is 
q But yet so, as that there is left a place for you and your offence by a wise foresight in the reservation of 25: Ed. 3. ; And by telling what is, and what is not, shows how to avoid it 
r He that having power in his hands so far endeavours the ruining of the Common-wealth, as he thinks may stand with his own safety, it is just to judge him a Traitor to his country, though true to himself. . And let us not be ambitious, to be more wise and learned in the kill Arts, than our forefathers were 
s It is but equal that he should have judgement without mercy, that shown no mercy. .  
It is now full 200. and 40. years, since ever any man was touched for this alleged crime (to this beights) before myself, we have lived happily to ourselves at home, and we have lived gloriously to the World abroad 
s Never since your time of promotion, though it is hoped, when you are gone we shall do so again. .  
Let us rest contented with that which our Fathers left us, and not awake those fleecy Lions to our own destructions 
t So let all the enemies of God and their country perish. ; by raking up a few musty records that have lain so many ages by the walls, quite forgotten and neglected 
t Ill manners being forth good laws. Which it seems were made in a good time, and kept to a good hear to rid us of so rotten a member that many ages cannot parallel. .  
May your Lordships be Nobly pleased, to add this to those other misfortunes befallen me for my sins, not for my Treasons; that a precedent should not be derived from me of that disadvantage (as this will be in the consequent to the whole Kingdom) I beseech you seriously to consider it, and let not my particular case be so looked on as you do; though you wound me in my interest in the Commonwealth, and therefore those Gentlemen say, that they speak for the Commonwealth, yet in this particular I indeed speak for it, and the inconveniences and mischiefs that will heavily fall upon us 
u It is pity but you should die whilst you are in so good a mind, now you are again turned Commonwealths-man, which you were once before, lest you altar as you have done. ; for as it is in the 1. of Henry the fourth, no man will after know what to do, or say, for fear 
u And to that pass we were come again of late by your means, till God set us free. .  
Do not put (my Lords) so great difficulties upon the Ministers of state, that men of wisdom, honour, and virtue 
x Had you had the last, it would have preserved the two first, but your want of honesty hath made your wisdom foolishness, and your honour ignominy. , may not with cheerfulness and safety, be employ a for the public 
x You mean against it. , if 〈…〉 you weigh and measure them by grain 〈…〉 and scruples 
y Your pressures have indeed been heavier, then to deserve to be weighed with so light weights. , the public affairs by 〈◊〉 the Kingdom will be laid waste, and 〈◊〉 no man will meddle with them, tha● 〈◊〉 hath honours, issues, or any fortunes to lose 
z Before you wished you might not be made a precedent, but we cannot have a better, it will but produce this effect, that men of your mischievous mind will for your sake refuse preferment, and employment 〈…〉 .  
My Lords, I have now troubled you, longe● than I should have done, were it not for the interest of those dear pledges, a Saint in heaven hat● left me; I should be loath my Lords, (there he stopped.)  
What I forfeit for myself it is nothing, b●● that my indiscretion should forfeit for my child●●● it even woundeth me deep to the very soul.  
You will pardon my infirmity, something 〈◊〉 should have said, but I am not able, (and sighed▪ therefore let it pass.  
And now my Lords, I have been by the blessi●●… of Almighty God taught, that the afflictions 〈◊〉 this life present, are not to be compared to 〈◊〉 eternal weight of glory that shall be revealed 〈◊〉 us hereafter.  
And so, my Lords, even so with tranquillity o● mind, I do submit myself freely and cleare●● to your Lordship's judgements; and whether tha● righteous judgement shallbe to life or death.  
Te Deum Laudamus, te Dominum Confitemur.   
FINIS.