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, towards 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 cannot 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 cannot amount so high with me.

I can find a more easy and more natural spring from whence to derive all his other crimes; than from an intent to bring in tyranny, and to make his own posterity, as well as us, slaves; as 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 faggot of

treason.

I do not say but the rest 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 a 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 politicly fit VOL. I.

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for the good and preservation of the whole. But these two, under favour, are not to be confounded in judgment. We must not piece up want of legality with matter of convenience; nor the defailance of prudential fitness, with a pretence 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, cannot agree to that; since I am persuaded neither the lords not the king will pass this bill; and consequently, that our passing it will be a cause of great divisions and combustions 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.

If this may not be hearkened unto, let me conclude in saying that to you all, which I have thoroughly inculcated in mine own conscience upon this occasion : let every man lay his hand upon his own heart, and seriously consider what we are a going to do with a breath: either justice or murder; justice on the one side; or murder, heightenend and aggravated to its supremest extent, on the other. For, as the casuists 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.

The danger being so great, and the case so doubtful, that I see the best lawyers in diametrical opposition concerning it; let every man wipe his heart, as he does his eyes, when he would judge of a nice and subtle object. The eye, if it be pretincted with any colour, is vitiated in its discerning. Let us take heed of a blood-shotten eye in judgment.

Let every man purge his heart clear of all passions; I

know this great and wise body politic can have none; but I speak to individuals from the weakness of which I find in myself. Away with personal animosities, away with all flatteries to the people, in being the sharper against him, because he is odious to them. Away with all fears, lest by sparing his blood they may be incensed. Away with all such considerations, as that it is not fit for a parliament, that one accused by it of treason should escape with life. Let not former vehemence of any against him, nor fear from thence that he cannot be safe while that man lives, be an ingredient in the sentence of any one of us.

Of all these corruptives of judgment, Mr. Speaker, I do, before God, discharge myself to the utmost of my power, and do, with a clear conscience, wash my hands of this man's blood, by this solemn protestation,—that my vote goes not to the taking of the earl of Strafford's life.

THOMAS WENTWORTH,

(Earl of Strafford,)

Was a gentleman of an ancient family in Yorkshire, and created a peer by Charles I. He at first opposed the court with great virulence and ability; but afterwards became connected with it, and recommended some of the most obnoxious measures. After a bill of attainder was passed against him, at the instigation of the commons, the king refused for a long time to give his assent to it, till at last lord Strafford himself wrote to advise him to comply, which he did with great reluctance. He was beheaded 1641. Whatever were his faults, he was a man of a fine understanding, and an heroic spirit; and undoubtedly a great man. What follows is the conclusion of his last defence before the house of lords.

My Lords,

It is hard to be questioned upon a law which cannot be shewn. Where hath this fire lain hid so many hundred

years, without smoke to discover it, till it thus burst forth to consume me and my children?

That punishment should precede promulgation of a law, to be punished by a law subsequent to the fact, is extreme hard. What man can be safe, if this be admitted?

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My lords, it is hard in another respect, that there should be no token set by which we should know this of fence; no admonition by which we should avoid it. If a man pass the Thames in a boat, and split himself upon an anchor, and no buoy be floating to discover it, he who owneth the anchor shall make satisfaction; but if a buoy be set there, every man passeth upon his own peril. Now, where is the mark, where is the token upon this 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 of somewhat else than the lives and honours of peers.

It will be wisdom for yourselves, for your posterity, and for the whole kingdom, 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, that telleth us what is, and what is not treason, without being ambitious to be more learned in the art of killing than our forefathers,

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 these sleeping lions to our destruction, by taking up a few musty records that have lain by the walls so many ages, forgotten or neglected.

May your lordships please not to add this to my other misfortunes; let not a precedent be derived from me so disadvantageous as this will be, in its consequence, to

the whole kingdom. Do not, through me, wound the interest of the commonwealth; and howsoever these gentlemen say, they speak for the commonwealth; yet, in this particular, I indeed speak for it, and shew the inconvenience and mischiefs that will fall upon it; for, as it is said in the statute 1 Henry IV., no one will know what to do or say, for fear of such penalties.

Do not put, my lords, such difficulties upon ministers of state, that men of wisdom, of honour, and of fortune, 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 lie waste; no man will meddle with them who hath any thing to lose.

My lords, I have troubled you longer than I should have done, where it not for the interest of those dear pledges a saint in heaven hath left me.

[At this word he stopped awhile, letting fall some tears, to her memory; then he went on]

What I forfeit myself is nothing; but that my indiscretion should extend to my posterity, woundeth me to the very soul !

You will pardon my infirmity. Something I should have added, but am not able; therefore let it pass.

Now, my lords, for myself, I have been, by the blessing of Almighty God, taught, that the afflictions of this present life are not to be compared to the eternal weight of glory which shall be revealed hereafter.

And so, my lords, even so, with all tranquillity of mind, I freely submit myself to your judgment, and whether that judgment be of life or death, te Deum laudamus.