cured his difpleasure.

In respect to

his

I cannot do juftice to my subject without enlarging on it. It is well known that this gentleman had a principal hand in bringing Lord Strafford to justice; in resisting the tyranny of Charles I. and reducing him to a condition in which he was glad to sue for

peace, and that he even advised against closing with him in the Isle of Wight. He, however, never fat in judgment on the king: he never closed with Cromwell, but suffered imprisonment from him; and adhered steadily to the cause of the parliament, which from the beginning he had embraced. On these accounts, though he was excepted in the Bill of Indemnity, the lords and commons joined in a petition to the king, that if he were attainted, yet execution as to his life might be remitted, as he was not one of the immediate murderers of his father; against whom alone his majesty had declared his pleasure to proceed (o). On the petition's being prefented, by the lord chancellor, it was promised to be complied with by the king (p). His life was now deemed fafe. But on a new parliament being called, which was wholly devoted to the court, it was determined that he should feel the effects of its refentment. Accordingly p. 914the houfe of commons ordered, that Sir Henry Vane, and Col. Lambert, that are wholly excepted and foreprized out of the Act of Indemnity, be left to be pro⚫ceeded against according to law: and it is recommended to Mr. Attorney General, to take care of the pro'ceedings against them (q).' The order was once or twice more renewed: and Sir Henry, in confenal, July 1, quence thereof, was brought to a trial at the King's Bench,

(0) See Journals of Commons, set. 5,

the House of

1660. (p) Thur loe, vol. vii.

(2) Jour

1661.

(State

Trials, vol. 1. p. 434.

fol. Lond. 1730.

.

his morals, he was one of the most

perfect

Bench, June 2 and 6, 1662. The indictment was for
high treafon, evidenced by confulting, with others,
to bring the king to deftruction, and to hold him out
from the exercife of his regal authority; and then,
ufurping the government, and appointing officers of
the army raised against the king; as alfo affembling
in a warlike manner.' This indictment, it is evident,
was fitted for almost every perfon conecrned in the go
vernment from the death of the late king, whofe death
is not laid to Sir Henry's charge, though it was the alone
crime which his prefent majefty, as we have feen, declared
that he defir'd should be capitally punish'd. Vane made seve-
ral exceptions to the indictment; and, among other things,
faid, Here is a long time of action for which I am
charged; and I may be concerned for what I acted as
a member in that fovereign court of parliament; and
' if any thing concerns the jurifdiction of that court,
I ought not to be judged here (r).
council at this took great offence. However, upon his
pleading Not guilty, four days were allowed him to pre-
pare himself for his trial.

The court and

On the day appointed, the prifoner was brought to the bar; where the attorney general opened the charge, and witnesses were called in fupport of it. Sir Henry then was required to make his defence: which he did with great freedom, fpirit, and bravery. Among other things, he faid, If he should be now called in queftion for thofe things which were tranfacted in that parliament, of which he was a member; he fhould

• have

have the comfort and peace of thofe actions to fupport ' him in his greatest sufferings.' He added, That if he were excepted [from pardon], 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 fuch as never yet fell out; to wit, that the govern'ment being entrusted to three eftates, they should fo ❝ fall out among themselves, as the people cannot tell 'which to obey: that where these great changes fall ' out, it is not poffible for any man to proceed accord< ing to all formalities of law: that there was a politi'cal power, by the act of 17 Caroli, co-ordinate with the king; and where these powers are not in conjunc❝tion, but in enmity to each other, no court, inferior to the parliament, by whofe authority these things < were acted, ought to be judges of this cafe, which certainly never happened before. He, moreover, offered these points to be confidered, and pray'd earnestly to have council affigned 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 (fo long as he acted by that authority) • commit treafon?

3. Whether matters, acted by that authority, can "be called in question in an inferior court?

4. Whether a king de jure, and out of poffeffion, < can have treafon committed against him, he not being 'king de facto, and in actual poffeffion?'

It may very easily be fuppofed, that all thefe queftions were determined by crown law; and that the prisoner, notwithstanding all he could fay, was found guilty of VOL. II. D

high

(s) In the poffeffion of James West, of Covent Garden, Efq:

high treason. On this, his majesty was determined, notwithstanding his promife, to avail himself of the verdict as appears by the following copy of an original letter, written from Hamton Court, Saturday, two in the afternoone.

• The relation that hath been made to me of Sir H. Vane's carriage yesterday, in the Hall, is the occafion ' of this letter; which, if I am rightly informed, was fo infolent as to juftify all he had done, acknowledging no fupreame power in England but a parl. and many things to that purpose. You have had a 'true account of all; and if he has given new occafion to be hanged, certaynly he is too dangerous a man to lett live, if we can honeftly put him out of the way. Thinke of this, and give me fome accounte of it tomorrow: till when I have no more to say to you (s).' To the Chancellour.'

This letter, it is apparent, was written June 7, 1662; and that day fe'nnight Sir Henry Vane was beheaded on Tower-hill where he behaved in a manner worthy of himself, and the cause of Liberty in which he had embarked. The king's letter needs no comment. Lord Clarendon has not taken notice of any part of this affair. Lambert, at the fame time, was condemned; but reprieved, and afterwards banifhed for life. And, it is very probable, Hafilrig would have paid dearly for his past transactions, had not death seized on him in the Tower: for, after his death, his tranfactions were reported to the house of commons; and it was refolved, nem, con. that Sir A. Hafilrig was guilty of high treason; and that all his eftate, real and perfonal, be confifcate and forfeited for the said treason: though an address

was,

was, at the fame time, refolved to be made to his ma jefty, by petition, to restore his estate, in pursuance of the Duke of Albemarle's [ Moncke's] engagement (t).

The imprisonment of these three men, even before it was certainly known what their fate would be, made Algernon Sydney determine to tarry abroad, contrary to the first advice of his friends. I have ever had in my mind,' fays that upright and virtuous man, that when 'God fhall caft me in fuch a condition, as that I cannot fave my life but by doing an indecent thing; he fhews me, the time is come wherein I should resign it. And when I cannot live in my own country, but by such means as are worse than dying in it; I think he fhews me, "I ought to keep myself out of it. Let them please themfelves with making the king glorious, who think a whole people may juftly be facrificed, for the interest ' and pleasure of one man and a few of his followers: let them rejoice in their fubtilty, who, by betraying the former powers, have gain'd the favour of this, not only preferv'd, but advanc'd themselves in thefe dangerous changes. Nevertheless (perhaps) they may find the kings glory is their fhame; his plenty, the people's misery: and that the gaining of an office, or a little money, is a poor reward for deftroying a na'tion! (which, if it were preferv'd in liberty and virtue, 'would truly be the moft glorious in the world) and

6

that others may find they have, with much pains, 'purchased their own fhame and mifery ; a dear price paid ⚫ for that which is not worth keeping, nor the life that

is accompanied with it. The honour of English parli❝aments has ever been in making the nation glorious and happy; not in felling and destroying the interest of it, to satisfie the lufts of one man. Miferable na'tion!

D 2