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A63192 The tryal of Sir Henry Vane, Kt. at the Kings Bench, Westminster, June the 2d. and 6th, 1662 together with what he intended to have spoken the day of his sentence (June 11) for arrest of judgment (had he not been interrupted and over-ruled by the court) and his bill of exceptions : with other occasional speeches, &c. : also his speech and prayer, &c. on the scaffold. Vane, Henry, Sir, 1612?-1662, defendant.; England and Wales. Court of King's Bench. 1662 (1662) Wing T2216; ESTC R21850 115,834 133

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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-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 ☜
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
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
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