WEe are now upon the point of gi­ving (as much as in us lyes) the fi­nall sentence unto death or life, on a great Minister of State, and Peere of this Kingdome, Thomas Earle of Strafford.

A name of hatred in the present ages by his practices, and fit to be made a ter­rour to future ages by his punishment. I have had the honour to be employed by the House, in this great busines; from the first houre that it was taken into consi­deration, [Page 2] it was a matter of great trust, and I will say with confidence, that I have served the House in it with industry (ac­cording to my ability) with most exact faithfulnesse and secrecie.

And as I have hitherto discharged my duty to this House, and to my Country in the progresse 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 doe with the peace of that unto my selfe, and the blessings 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 integritie. I know well Master Speaker, That by some things I have said of late, whilst this Bill was in agitation, I have raised some pre­judices upon me in the cause.

Yea, some (I thank them for their plain dealing) have been so free as to tell mee, That I suffered much, by the backward­nesse I have shewn in this Bill of Attainder of the E. of Strafford, against whom I [Page 3] had been formerly so [...]een, so active.

Master Speaker, I beg of you and the rest, but a suspension of judgments con­cerning mee, till I have opened my heart unto you freely and cleerly in this busi­nesse.

Truly Sir, I am still the same in my o­pinions and affections unto the Earle of Strafford, as that I confidently believe him the most dangerous Minister, the most insupportable to free subjects that can be caractered.

I believe his practizes in themselves as high, as Tyrannicall, as any subject ever ventred on; and the malignity of them hugely aggravated by those rare abilities of his, where of God hath given him the use, and the Devill the application; in a word, I believe him still that grand Apo­state to the Common-wealth, who must not expect to be pardon'd it in this world, till he be dispatched to the other: and yet let mee tell you Master Speaker, My hand must not be to that dispatch; I protest, as [Page 4] my conscience stands informed, I had rather it were off.

Let mee unfold unto you the Myste­ry, (Master Speaker) I will not dwell much upon justifying unto you my see­ming variance at this time, from what I appeared formerly, by putting you in minde of the difference betweene Pro­secutors and Iudges, how misbecomming that fervour would be in a Iudge, which perhaps was commendable as a Prosecu­tor; Iudges we are now, and must put on another personage.

It is honest and noble to be earnest in order to the discovery of Truth; but when that hath bin brought as farre as it can to light, our judgment thereupon ought to be calme and cautious.

In Prosecution, upon probable grounds, we are accountable onely for our Industry, or Remisnesse; but in Iudgment wee are deeply responsible to God Almighty, for its rectitude, or obliquity: In Cases of Life, the Iudge is Gods steward of the parties bloud, [Page 5] and must give a strict account for every drop.

But as I told you Master Speaker, I will not insist long upon this ground of diffe­rence in me now, from what I was for­merly.

The truth on't is sir, The same ground whereupon I with the rest of the five, to whom you first committed the considera­tion of my Lord of Strafford, brought down our opinion, That it was fit hee should bee accused of Treason; upon the same ground, I was engaged with earnestnesse in his prosecution, and had the same ground re­mayned in that force of beliefe with me (which till very lately it did) I should not have bin tender in his Condemnation: but truly sir, to deale plainly with you, That ground of our accusation, that spur to our prosecution, and that which should be the Basis of my judgment of the Earle of Strafford, as unto Treason, is to my un­derstanding quite vanished away.

This it was Master Speaker.

[Page 6]His advising the King to employ the Army of Ireland to reduce England.

This I was assured would be proved before I gave my consent to his accusati­on, I was still confirmed in the same be­lief, during the prosecution, and fortified in it most of all since Sir Henry Vains pre­paratory examinations by the assurances which that worthy member M. Pimme gave me, That his testimony would be made convincing by some notes of what passed at the juncto concurrent with it, which I ever understanding to be of some other Counsellour, you see now prove but a copy of the same Secretaries notes discovered and produced in the manner you have heard, and those such disioynted fragments of the venemous part of dis­courses, no results, no conclusions of Coun­sels, which are the onely things that Secretaries of State should register; there being no use at all of the other, but to ac­cuse and to bring men into danger.

But, Sir, This is not that which over­throws the Evidence with me, concern­ing [Page 7] the Army of Ireland, nor yet all the rest of the juncto upon their oaths remem­ber any thing of it.

But this Sir which I shall tell you, is that which works with me (under fa­vour) to an utter overthrow of his Evi­dence, as unto that of the Army of Ireland, before whilst I was a Prosecutor, and un­der tye of secrecie, I might not discover any weaknesse of the cause, which now as a Iudge I must.

Master Secretary was examined thrice upon oath at the preparatory Cōmittee.

The first time, hee was questioned to all the Interrogatories; and to that part of the seventh which concerns the Army of Ireland, he saith positively in these words, I cannot charge him with that, but for the rest, he desires time to recollect him­selfe, which was granted him.

Some days after (the precise time I can­not say) he was examined a second time, and then deposés these words concern­ing the Kings being absolved from rules [Page 8] of Government and so forth, very cleerly; but being prest to that part concerning the Irish Armie again, can say nothing to that.

Here we thought wee had done with him, till divers weeks after, my Lord of Northumberland, and all others of the Iuncto, denying to have heard any thing concerning those words of reducing Eng­land by the Irish Armie, It was thought fit to examine the Secretarie once more; and then he deposed these words to have bin said by the Earle of Strafford to his Majesty, You have an Armie in Ireland, which you may employ here to reduce (or some words to that sence) this Kingdome.

Master Speaker, these are the circumstan­ces which (I confesse with my conscience) thrust quite out of doores 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 Master Secretarie, as if [Page 9] hee should have sworne otherwise then he knew, or believed; hee is too worthy to doe that; onely let thus much be infer­red from it, that he who twice upon oath, with time of recollection, could not re­member any thing of such a businesse, might well a third time misremember somewhat; and in this businesse, the dif­ference of one Letter, here for there, or that for this, quite alters the case, the latter also being more probable, since it is confessed of all hands, that the debate then was con­cerning a war with Scotland, and you may remember, that at the Bar hee once said, to employ there; and thus Master Speaker I have faithfully given you an ac­count, what it is that hath blunted the edge of the hatchet or bill with mee to­wards my Lord of Strafford.

This was that whereupon I accused him with a free heart, prosecuted him with earnestnesse, and had it to my un­derstanding bin proved, should have con­demned him with innocence: Wherein [Page 10] now I professe I cannot satisfie my con­science to doe it.

I professe I can have no Notion of my Lords intent to subvert the Laws treaso­nably by force, and this designe of force not appearing, all his other wicked pra­ctices cannot amount so high with me.

I can find a more easie and more natu­rall spring, from whence to derive all his other crimes, then from an intent to bring in tyranny (and to make his own posteri­ty aswell as us slaves) as from Revenge, from Pride, from Avarice, from Passion, and insolence of Nature.

But had this of the Irish Army bin pro­ved it would have diffused a complexion of Treason over all; it would have beene a Weith indeed to binde all those other scattered and lesser branches, as it were into a faggot of Treason.

[Page 11]I doe not say but the rest may repre­sent him a man as worthy to die, and worthier perhaps then many a Traitour; I doe not say, but they may justly direct us to enact that the like shall be Treason for the future: but God keep me from giving judgment of death on any man, and of ruine to his innocent posteritie upon a Law made à posteriore.

Let the mark be set on the door where the Plague is, and then let him that will enter die.

I know Master Speaker, there is in Par­liament a double power of Life and Death by Bill, a judiciall power, and a Le­gislative; the measure of the one is what's Legally just, of the other what's Pruden­tially and Politickly fit for the good and preservation of the whole.

But these two (under favour) are not to be confounded in judgment, we must [Page 12] not proceed upon want of Legalitie with matter of conveniencie, nor the defailance of Prudentiall fitnesse, with a pretence of Legall justice.

To condemne my Lord of Strafford ju­dicially as for Treason, my Conscience is not assured that the matter will beare it. And to do it by the Legislative power, my Rea­son consultively cannot agree to that, since I am perswaded, neither the Lords nor the King will passe the Bill; and consequent­ly, that our passing it will be a cause of great divisions and combustions in the State.

And therefore my humble advice is, That laying aside this Bill of Attainder, we may think of another (saving onely Life) such as may secure the State from my Lord of Strafford, without indangering it as much by division concerning his pu­nishment, as he hath endangered it by his practizes.

[Page 13]If this may not be hearkned unto, let me conclude in saying that unto you all, which I have thoroughly incultated to my own conscience upon this occasion; Let every man lay his hand upon his heart, and sadly consider what wee are going to doe, with a breath[?], either Iustice or Murther, Iustice on the one side or Mur­ther heigthned and aggravated, to its supremist extent: For as the Ca [...]ists say, That he who lies with his sister commits incest, but hee that marries his sister, sins higher by applying Gods ordinance[?] to his crime: So doubtlesse he that commits Murther with the sword of Iustice, heightens that crime to the utmost.

The danger being so great, the case so doubtfull, that I see the best Lawyers in Diametrall opposition concerning it Let everyman wipe his heart, as hee does his eyes when he would judge of a nice[?] and subtle object, the Eye if it be pretainted with any colour is vitiated[?] in its discern­ing. Let us take heed of a blood sho [...]t [...] Eye of judgment.

[Page 14]Let every man purge his heart cleere of all passions, I know this great and wise body politike can have none; but I speake to Individuals, from the weaknesse which I find in my selfe: Away with all personall animosities; Away with all flatteries to the people in being the sharper against him, be­cause he is odious to them; away with all feares, lest by the sparing his blood they may be incenst; away with all such consi­derations, as that it is not fit for a Parlia­ment, that one accused by it of Treason, should scape with life.

Let not the former vehemencie of any against him, no feare from thence, that his cannot be safe, while that man lives to be an ingredient in the sentence of any one of us.

Of all these corruptives of judgement, Master Speaker, I doe before God discharge my selfe to the utmost of my power: and with a cleer conscience wash my hands of this mans blood, by this solemne pro­testation, That my vote goes not to the ta­king of the Earle of Straffords life.