WE are now upon the poin [...] of giving (as much as in us lies) 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 age by his Practizes, and fit to be made a terror to future ages by his punishment.

I have had the honor to be imployed by the House in this great businesse, from the first houre [...] 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 with industry, according to my abili­ty, but with most exact faithfulnesse and se­crecy.

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 doe now in the last period of it, to God and to a good conscience.

I doe wish the peace of that unto my selfe, and the blessings of Almighty God to me and my posterity, according as my judgement on the life of this man, shall be consonant with my heart, and the best of my understanding in all integrity.

I know well Master Speaker, that by some things I have said of late, whilest this Bill was in agitation, I have raised some preju­dices upon me in the cause.

Yea some (I thanke them for the plaine dealing) have beene so free as to tell me, that I suffered much by the backwardnesse I have shewn in this Bill of Attainder of the Earle of Strafford, against whom I had beene for­merly so keene, so active.

Master Speaker, I begge of you and the rest but a suspension of judgement concer­ning me, till I have opened my heart unto you freely and clearely in this businesse.

Truely Sir, I am still the same in my opi­nions and affections, as unto the Earle of Strafford, I confidently beleeve him the most [Page 3]dangerous Minister, the [...] insupportable to free subjects that can be characterd.

I beleeve his practices in themselves as high, as tyrannicall, as any subject ever ventu­red on, and the malignity of them hugely aggravated by those rare abilities of his, wher­of God hath given him the use, but the De­vill the application. In a word, I beleeve him still that grand Apostate to the Common­wealth, who must not expect to be pardoned it in this world, till hee be dispatch'd to the other. And yet let me tell you Master 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 unto you the Mysterie, Ma­ster Speaker.

I will not dwell much upon justifying unto you my seeming variance at this time from what I was formerly, by putting you in mind of the difference betweene prosecutors and Judges.

How misbecomming that fervour would be in a Judge which perhaps was commen­dable in a prosecutor. Judges wee 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 [Page 4]hath beene brought as far as it can to light, our judgement thereupon ought to be calme, and cautious.

In prosecution upon probable grounds, we are accountable onely for our industrie or remisnesse, but in judgement, we are deep­ly responsable to God Almighty, for its re­ctitude or obliquity. In cases of life, the Judge is Gods Steward of the parties bloud, and must give a strict account for every droppe.

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 downe our opinion, that it was fit he should be ac­cused of Treason, upon the same ground I was ingaged with earnestnesse in his prosecu­tion, and had the same ground remained in that force of beliefe with me, which till verie lately it did, I should not have beene tender in his condemnation. But truly Sir, to deale plainly with you, that ground of our accusa­tion, that spurre to our prosecution, and that which should be the basis of my judge­ment, [Page 5]of the Earle of Strafford, as unto Trea­son, is to my understanding quite vanisht a­way.

This it was Master Speaker.

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 confirmed in the same beliefe, during the prosecution, and fortified in it most of all since Sir Henry V [...]in [...]s preparatory examinations, by the assurances which that worthy member Master Pymme gave me, that his Testimony would be made convincing by some notes of what passed at the I [...]nto con­current with it, which I ever understanding to be of some other Counsellour, you see now prove but a Copie of the same Secreta­ries notes, discover'd and produc't in the man­ner you have heard, and those, such disjoyn­ted fragments of the venemous part of dis­courses, no results, no conclusions of Coun­cels, which are the onely things that Secreta­ries 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 over­throwes the evidence with me, concerning [Page 6]the Armie of Ireland; nor yet that all the rest of the [...] upon their oathes, remem­ber nothing of it.

But this [...] I shall tell you, is that which [...] me under favour, to an utter overthrow of his evidence, as unto that of the Army of Ireland? Before, whil'st I was a prosecutor, and under tye of Secrecy; I might not discover any weaknesse of the cause which now as a judge I must. Master Secretary was examined thrice upon oath, at the preparatory committee.

The first time he was questioned to all the Interrogat [...], and to that part of the seventh which condemnes the Army of Ireland, he said 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 dayes after, he was examined a se­cond time, and then deposes these words concerning the Kings being absolved from rules of government, and so forth very cleare­ly. But Being preist to that part, concerning the Irish Army, againe can say nothing to that.

Heere we thought we had done with him, till divers weeks after, my Lord of Northumber­land and all others of the Iunto, denying to [Page 7]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 deposes these words, to have beene said by the Earle of Strafford to his Majesty: you have an Army in Ireland, which you may imploy heere to reduce, (or some word 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 Ar­mie heere.

Let not this I beseech you, be driven to an aspersion upon Master Secretary, as if he should have sworne otherwise then he knew or beleeved, he is too worthy to do that; one­ly let thus much be infer'd 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 the more probable, since it is confest of all hands, that the debate then was concer­ning a war with Scotland, and you may re­member [Page 8]that at the Bar he 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 Harchet or Bill with me 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. Whereas now I cannot satisfie my conscience to doe it.

I professe I can have no notion of any bo­dies intent to subvert the Lawes treasonably, but by force; and this designe of force not appearing, all his other wicked practises 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 owne posterity, as well as us, Slaves; as from revenge, from Pride, from Avarice, from passion, and in­solence of nature.

But had this of the Irish Army beene pro­ved, it would have diffused a complexion of Treason over all, it would have beene a With indeed, to bind all those other scattered and [Page 9]lesser branches, as it were into a faggot of Treason.

I doe not say but the rest may represent him a man as worthy to dye, and perhaps worthier then many a Traytor. I doe not say but they may justly direct us to Enact that the like shall be Treason for the future.

But God keepe me from giving judgement of death on any Man, and of ruine to his in­nocent Posterity, upon a Law made, à Poste­riori.

Let the marke be set on the dore where the Plague is, and then let him that will enter dye.

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 is prudentially and poli­tickly fit for the good and preservation of the whole. But those two, under favour, are not to be confounded in Judgement. Wee must not peece up want of Legality with matter of convenience, 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 [Page 10]assured that the matter will beare it.

And to doe 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 advise is, that laying aside this Bill of Attainder, wee 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 en­dangerd it by his practices.

If this may not be hearkned unto, let me conclude in saying that unto you all, which I have throughly inculcated to mine owne 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 justice or murther; justice on the one side, or murther heightned and aggra­vated to its supremest extent. For as the Ca­suists say, that he who lyes with his sister com­mits incest, but he that marries his sister sins higher, by applying Gods Ordinance to his crime: So doubtlesse he that commits mur­ther [Page 11]with the sword of Justice, heightens that crime to the utmost.

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

Let every man purge his heart cleare of all passions, (I know this great and wise bo­dy politicke can have none, but I speake to individuals from the weakenesse 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, least 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 escape with life.

Let not former vehemence of any against him, nor feare 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 judgement, Ma­ster [Page 5]Speaker, I doe before God discharge my selfe to the uttermost of my power,

And do with a cleare 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.