THE CONCLUSION OF THE EARL OF strafford's DEFENCE The twelfth of April, 1641.   printer's or publisher's device 
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 endeavouring 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 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 Statute-Law, nor Common-law, that doth declare the endeavouring to subvert the fundamental Laws to be high Treason.  
For neither Statute-law, nor Common-law written, that ever I could hear of, declareth it so.  
And yet I have been diligent to inquire, (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.  
There is a rule which I have learned from Sir Edward Cook, De non apparentibus & 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 extreme hard in my opinion, that punishment should preceded promulgation, of a Law punished by a Law, subsequent to the Acts done?  
Take it into your considerations, for certainly it is now better to be under no law at all but the will of men, then to conform ourselves under the protection of a law as we think, and then be punished for a crime that doth preceded that law, what man can be safe, if that be once admitted?  
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.  
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 Maritime Laws, shall give satisfaction for the damage done; but if it were marked out, I must come upon mine own peril.  
Now where is the mark upon this crime, where is the token that this is high Treason?  
If it be under water and not above water, no humane providence can avail nor prevent my destruction.  
Lay aside all humane wisdom, and let us rest upon will divine Revelation, if you condemn before you forewarn of the danger.  
Oh my Lords, may your Lordships be pleased to give that regard unto the Peerage 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 some what else, than the lives and Honours of Peers.  
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, to cast from you into the fire these bloody and most mysterious volumes of constructive and Arbitrary Treason; and to betake yourselves to the plain Letter of the Law and Statute, that tellethus' where the crime is, And by telling what is, and what is not, shows how to avoid it. And let us not be ambitious, to be more wise and learned in the kill Arts, than our forefathers were.  
It is now full 200 and 40 years, since ever any man was touched for this alleged crime (to this height) before myself, we have lived happily to ourselves at home, and we have lived gloriously to the world abroad.  
Let us rest contented with that which our Fathers left us, and not awake those sleepy Lions to our own destructions; by taking up a few musty records that have lain so many ages by the walls, quite forgotten and neglected.  
May your Lordships be Nobly pleased, to add that 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; for as it is in the 1. of Henry the fourth, no man will after know what to do, or say, for fear.  
Do not put (my Lords) so great difficulties upon the Ministers of state, that men of wisdom, honour, and virtue, may not with cheerfulness and safety, be employed for the public, if you weigh and measure them by grains and scruples, the public affairs of the Kingdom will be laid waste, & no man will meddle with them, that hath honours, issues, or any fortunes to lose.  
My Lords, I have now troubled you, longer than I should have done, were it not for the interest of those dear pledges, a Saint in heaven hath left me; I should be loath my Lords, (there he stopped.)  
What I forfeit for myself it is nothing, but that my indiscretion should forfeit for my child, i● even woundeth me deep to the very soul.  
You will pardon my infirmity, something I should have said, but I am not able, (and sighed) therefore let it pass.  
And now my Lords, I have been by the blessings of Almighty God taught, that the afflictions of this life present, are not to be compared to the eternal weight of glory that shall be revealed to us hereafter.  
And so, my Lords, even so with tranquillity of mind, I do submit myself freely and clearly to your Lordship's judgements; and whether that righteous judgement shall be to life or death.  
Te Deum laudamus, te Dominum confitemur.   
FINIS.