ter were it to live by no laws at all; but to be governed by those characters of virtue and discretion, which Nature hath stamped upon us, than to put this necessity of divination upon a man, and to accuse him of a breach of law before it is a law at all! If a waterman upon the Thames split his boat by grating upon an anchor, and the same have no buoy appended to it, the owner of the anchor is to pay the loss; but if a buoy be set there, every man passeth upon his own peril. Now where is the mark, where is the token set upon the crime, to declare it to be high treason?

My Lords, be pleased to give that regard to the peerage of England as never to expose yourselves to such moot points, such constructive interpretations of law. If there must be a trial of wits, let the subject matter be something else than the lives and honor of peers! It will be wisdom for yourselves and your posterity to cast into the fire these bloody and mysterious volumes of constructive and arbitrary treason, as the primitive Christians did their books of curious arts; and betake yourselves to the plain letter of the law and statute, which telleth what is and what is not treason, without being ambitious to be more learned in the art of killing than our forefathers. These gentlemen tell us that they speak in defense of the Commonwealth against my arbitrary laws. Give me leave to say it, I speak in defense of the Commonwealth against their arbitrary treason!

It is now full two hundred and forty years since any man was touched for this alleged crime to this height before myself. Let us not awaken those sleeping lions to our destruction, by taking up a few musty records that have lain by the walls for so many ages, forgotten or neglected.

My Lords, what is my present misfortune may be forever yours! It is not the smallest part of my grief that not the crime of treason, but my other sins, which are exceeding many, have brought me to this bar; and, except your Lordships' wisdom provide against it, the shedding of my blood may make way for the tracing out of yours. YOU, YOUR ESTATES, YOUR POSTERITY, LIE AT THE STAKE!

For my poor self, if it were not for your Lordships' interest, and the interest of a saint in heaven, who hath left me here two pledges on earth-[at this his breath stopped, and he shed tears abundantly in mentioning his wife]-I should never take the pains to keep up this ruinous cottage of mine. It is loaded with such infirmities, that in truth I have no great pleasure to carry it about with me any longer. Nor could I ever leave it at a fitter time than this, when I hope that the better part of the world would perhaps think that by my misfortunes I

had given a testimony of my integrity to my God, my King, and my country. I thank God, I count not the afflictions of the present life to be compared to that glory which is to be revealed in the time to come!

My Lords! my Lords! my Lords! something more I had intended to say, but my voice and my spirit fail me. Only I do in all humility and submission cast myself down at your Lordships' feet, and desire that I may be a beacon to keep you from shipwreck. Do not put such rocks in your own way, which no prudence, no circumspection can eschew or satisfy, but by your utter ruin!

And so, my Lords, even so, with all tranquillity of mind, I submit myself to your decision. And whether your judgment in my case—I wish it were not the case of you all-be for life or for death, it shall be righteous in my eyes, and shall be received with a Te Deum laudamus, we give God the praise.

The House of Lords, after due deliberation, voted that the main facts alleged in the impeachment had been proved in evidence; and referred the question whether they involved the crime of treason, to the decision of the judges of the Court of the King's Bench. Previous to this, however, and even before the Earl had made his closing argument, a new course of proceedings was adopted in the House of Commons. When the managers had finished their evidence and arguments as to the facts. alleged, a bill of attainder against the Earl was brought into the House by Sir Arthur Haselrig. The reason for this procedure can not now be ascertained with any degree of certainty. The friends of Strafford have always maintained, that such an impression had been made on the minds of the judges and audience during the progress of the trial, as to turn the tide in his favor; and that his accusers, fearing he might be acquitted, resorted to this measure for the purpose of securing his condemnation. Such may have been the fact; but the Commons, in their conference with the Lords, April 15, declared that this was the course they had originally intended to pursue, "that the evidences of the fact being given, it was proposed from the beginning to go by way of bill, and that they had accordingly brought in a bill for his attainder." St. John, their legal manager, positively denied that they were seeking to avoid the judicial mode of proceeding; and, "what is stronger," as Hallam remarks, "the Lords voted on the articles judicially, and not as if they were enacting a legislative measure." Still the bill of attainder was strenuously opposed by a few individuals in the House, and especially by Lord Digby, in his celebrated speech on the subject, which will next be given.

We are now upon the point of giving, as much as in us lies, the final sentence unto death or life, on a great minister of state and peer of this kingdom, Thomas, Earl of Strafford, a name of hatred in the present age for his practices, and fit to be made a terror to future ages by his punishment.

I have had the honor to be employed by the House in this great business, from the first hour that it was taken into consideration. It was a matter of great trust; and I will say with confidence that I have served the House in it, not only with industry, according to my ability, but with most exact faithfulness and justice.

And as I have hitherto discharged my duty to this House and to my country in the progress of this great cause, so I trust I shall do now, in the last period of it, to God and to a good conscience. I do wish the peace of that to myself, and the blessing of Almighty God to me and my posterity, according as my judgment on the life of this man shall be consonant with my heart, and the best of my understanding in all integrity. I know well that by some things I have said of late, while this bill was in agitation, I have raised some prejudices against me in the cause. Yea, some (I thank them for their plain dealing) | have been so free as to tell me, that I have suffered much by the backwardness I have shown in the bill of attainder of the Earl of Strafford, against whom I have formerly been so keen, so active.

I beg of you, Mr. Speaker, and the rest, but a suspension of judgment concerning me, till I have opened my heart to you, clearly and freely, in this business. Truly, sir, I am still the same in my opinion and affections as to the Earl of Strafford. I confidently believe him to be the most dangerous minister, the most insupportable to free subjects, that can be charactered. I believe his practices in themselves to have been as high and tyrannical as any subject ever ventured on; and the malignity of them greatly aggravated by those rare abilities of his, whereof God hath given him the use, but the devil the application. In a word, I believe him to be still that grand apostate to the Commonwealth, who must not expect to be pardoned in this world till he be dispatched to the other.

And yet let me tell you, Mr. Speaker, my hand must not be to that dispatch. I protest, as my conscience stands informed, I had rather it were off.

Let me unfold to you the mystery, Mr. Speaker: I will not dwell much upon justifying to you my seeming variance at this time from what I

was formerly, by putting you in mind of the difference between prosecutors and judges-how misbecoming that fervor would be in a judge which, perhaps, was commendable in a prosecutor. Judges we are now, and must, therefore, put on another personage. It is honest and noble to be earnest in order to the discovery of truth; but when that hath been brought so far as it can be to light, our judgment thereupon ought to be calm and cautious. In prosecution upon probable grounds, we are accountable only for our industry or remissness; but in judgment, we are deeply responsible to Almighty God for its rectitude or obliquity. In cases of life, the judge is God's steward of the party's blood, and must give a strict account for every drop.

But, as I told you, Mr. Speaker, I will not insist long upon this ground of difference in me now from what I was formerly. The truth of it is, sir, the same ground whereupon I with the rest of the few to whom you first committed the consideration of my Lord Strafford, brought down our opinion that it was fit he should be accused of treason-upon the same ground, I was engaged with earnestness in his prosecution; and had the same ground remained in that force of belief in me, which till very lately it did, I should not have been tender in his condemnation. But truly, sir, to deal plainly with you, that ground of our accusation-that which should be the basis of our judgment of the Earl of Strafford as to treason is, to my understanding, quite vanished away.

This it was, Mr. Speaker-his advising the King to employ the army in Ireland to reduce England. This I was assured would be proved, before I gave my consent to his accusation. I was confirmed in the same belief during the prosecution, and fortified most of all in it, after Sir Henry Vane's preparatory examination, by assurances which that worthy member Mr. Pym gave me, that his testimony would be made convincing by some notes of what passed at the Junto [Privy Council] concurrent with it. This I ever understood would be of some other counselor; but you see now, it proves only to be a copy of the same secretary's notes, discovered and produced in the manner you have heard; and those such disjointed fragments of the venomous part of discourses-no results, no conclusions of councils, which are the only things that secretaries should register, there being no use of the other but to accuse and bring men into danger.'

1 See Strafford's reply on this subject, p. 12.

But, sir, this is not that which overthrows the evidence with me concerning the army in Ireland, nor yet that all the rest of the Junto remember nothing of it; but this, sir, which I shall tell you, is that which works with me, under favor, to an utter overthrow of his evidence as touching the army of Ireland. Before, while I was prosecutor, and under tie of secrecy, I might not discover [disclose] any weakness of the cause, which now, as judge, I must.

Mr. Secretary Vane was examined thrice upon oath at the preparatory committee. The first time he was questioned as to all the interrogatories; and to that part of the seventh which concerns the army in Ireland, he said positively these words: "I can not charge him with that;" but for the rest, he desired time to recollect himself, which was granted him. Some days after, he was examined a second time, and then deposed these words concerning the King's being absolved from rules of government, and so forth, very clearly. But being pressed as to that part concerning the Irish army, again he said he could say "nothing to that." Here we thought we had done with him, till divers weeks after, my Lord of Northumberland, and all others of the Junto, denying to have heard any thing concerning those words of reducing England by the Irish army, it was thought fit to examine the secretary once more; and then he deposed these words to have been spoken by the Earl of Strafford to his Majesty: "You have an army in Ireland, which you may employ here to reduce (or some word to that sense) this kingdom." Mr. Speaker, these are the circumstances which I confess with my conscience, thrust quite out of doors that grand article of our charge concerning his desperate advice to the King of employing the Irish army here.

Let not this, I beseech you, be driven to an aspersion upon Mr. Secretary, as if he should have sworn otherwise than he knew or believed. He is too worthy to do that. Only let this much be inferred from it, that he, who twice upon oath, with time of recollection, could not remember any thing of such a business, might well, a third time, misremember somewhat; and in this business the difference of one word "here" for "there," or "that" for "this," quite alters the case; the latter also being the more probable, since it is confessed on all hands that the debate then was concerning a war with Scotland. And you may remember, that at the bar he once said "employ there." And thus, Mr. Speaker, have I faithfully given you an account what it is that hath blunted the edge of the hatchet, or bill, with me, toward my Lord Strafford.

This was that whereupon I accused him with a free heart; prosecuted him with earnestness; and had it to my understanding been proved, should have condemned him with innocence; whereas now I can not satisfy my conscience to do it. I profess I can have no notion of any body's intent to subvert the laws treasonably, but by force; and this design of force not appearing, all his other wicked practices can not amount so B

high with me. I can find a more easy and natural spring from whence to derive all his other crimes, than from an intent to bring in tyranny, and make his own posterity, as well as us, slaves; viz., from revenge, from pride, from passion, and from insolence of nature. But had this of the Irish army been proved, it would have diffused a complexion of treason over all. It would have been a withe indeed, to bind all those other scattered and lesser branches, as it were, into a fagot of treason.

I do not say but the rest of the things charged may represent him a man as worthy to die, and perhaps worthier than many a traitor. I do not say but they may justly direct us to enact that they shall be treason for the future. But God keep me from giving judgment of death on any man, and of ruin to his innocent posterity, upon a law made à posteriori. Let the mark be set on the door where the plague is, and then let him that will enter, die.

I know, Mr. Speaker, there is in Parliament a double power of life and death by bill; a judicial power, and a legislative. The measure of the one is, what is legally just; of the other, what is prudentially and politically fit for the good and preservation of the whole. But these two, under favor, are not to be confounded in judgment. We must not piece out want of legality with matter of convenience, nor the defailance of prudential fitness with a pretense of legal justice.

To condemn my Lord of Strafford judicially, as for treason, my conscience is not assured that the matter will bear it; and to do it by the legislative power, my reason consultively can not agree to that, since I am persuaded that neither the Lords nor the King will pass this bill; and, consequently, that our passing it will be a cause of great divisions, and contentions in the state.

Therefore my humble advice is, that, laying aside this bill of attainder, we may think of another, saving only life; such as may secure the state from my Lord of Strafford, without endangering it as much by division concerning his punishment, as he hath endangered it by his practices.

con

If this may not be hearkened unto, let me conclude in saying that to you all, which I have thoroughly inculcated upon mine own science, on this occasion. Let every man lay his hand upon his own heart, and seriously consider what we are going to do with a breath : either justice or murder-justice on the one side, or murder, heightened and aggravated to its supremest extent, on the other! For, as the cas uists say, He who lies with his sister commits incest; but he that marries his sister, sins higher, by applying God's ordinance to his crime; so, doubtless, he that commits murder with the sword of justice, heightens that crime to the utmost.

cible at that time, when the plague had recently 2 This image was peculiarly appropriate and for prevailed in London, and a mark was placed by the magistrates on infected dwellings as a warning not

to enter.