Answer to a Book, Part 2
II. Upon the Earle of Straffords Death.
THis next Chapter is a penitent confession of the King, and the strangest, if it be well weigh'd, that ever was Auricular. For hee repents heer of giving his consent, though most unwillingly, to the most seasonable and solemn peece of Justice, that had bin don of many yeares in the Land: But his sole conscience thought the contrary. And thus was the welfare, the safety, and within a little, the unanimous demand of three populous Nations to have attended stil on the singularity of one mans opi nionated conscience; if men had bin always so tame and spiritless; and had not unexpectedly found the grace to understand, that if his conscience were so narrow and peculiar to it selfe, it was not fitt his Authority should be so ample and Universall over others. For certainly a privat conscience sorts not with a public Calling; but declares that Person rather meant by nature for a private fortune. And this also we may take for truth, that hee whose conscience thinks it sin to put to death a capital Offendor, will as oft think it meritorious to kill a righteous Person. But let us heare what the sin was that lay so sore upon him, and, as one of his Prayers giv'n to Dr. Juxton testifies, to the very day of his death; it was his signing the Bill of Straffords execution: a man whom all men look'd upon as one of the boldest and most impetuous instruments that the King had to advance any violent or illegal designe. He had rul'd Ireland, and som parts of England in an Arbitrary manner, had indeavour'd to subvert Fnndamental Lawes, to subvert Parlaments, and to incense the King against them; he had also endeavor'd▪ to make Hostility between England and Scotland: He had counceld the King to call over that Irish Army of Papists, which he had cunningly rais'd, to reduce England, as appear'd by good Testimony then present at the Consultation. For which, and many other crimes alledg'd and prov'd against him in 28, Articles, he was condemnd of high Treason by the Parlament. The Commons by farr the greater number cast him; the Lords, after they had bin satisfi'd in a full discours by the Kings Sollicitor, and the opinions of many Judges deliver'd in thir House, agreed likewise to the Sentence of Treason. The People universally cri'd out for Justice. None were his Friends but Coutiers, and Clergimen, the worst at that time, and most corrupted sort of men; and Court Ladies, not the best of Women; who when they grow to that insolence as to appeare active in State affaires, are the certain sign of a dissolute, degenerat, and pusillanimous Common-wealth. Last of all the King, or rather first, for these were but his Apes, was not satisfi'd in conscience to condemn him of High Treason; and declar'd to both Houses, That no fears or respects whatsoever should make him alter that resolution founded upon his conscience. Either then his resolution was indeed not founded upon his conscience, or his conscience receav'd better imformation, or else both his conscience and this his strong resolution strook saile, notwithstanding these glorious words, to his stronger fear. For within a few dayes after, when the Judges at a privie Counsel, and four of his elected Bishops had pick'd the thorn out of his conscience, he was at length perswaded to signe the Bill for Straffords Execution. And yet perhaps that it wrung his conscience to condemn the Earle of high Treason is not unlikely: not because he thought him guiltless of highest Treason, had half those crimes bin committed against his own privat Interest or Person, as appear'd plainly by his charge against the six Members, but because he knew himself a Principal in what the Earl was but his accessory, and thought nothing Treason against the Common-wealth, but against himself only.
Had he really scrupl'd to sentence that for Treason which he thought not Treasonable, why did he seeme resolv'd by the Judges and the Bishops? And ifby them resolv'd, how comes the scruple heer again? It was not then, as he now pretends, The importunities of some and the feare of many which made him signe, but the satisfaction giv'n him by those Judges & Ghostly Fathers of his own choosing. Which of him shall we believe? For hee seemes not one, but double; either heer we must not beleeve him professing that his satisfaction was but seemingly receav'd & out of feare, or els wee may as well beleeve that the scruple was no real scruple, as we can beleeve him heer against himself before, that the satisfaction then receiv'd was no real satisfaction: of such a variable and fleeting conscience what hold can be tak'n? But that indeed it was a facil conscience▪ and could dissemble satisfaction when it pleas'd, his own ensuing actions declar'd: being soon after found to have the chief hand in a most detested conspiracy against the Parlament and Kingdom, as by Letters and examinations of Percy, Goring, and other Conspirators came to light; that his intention was to rescue the Earle of Strafford, by seizing on the Towre of London; to bring up the English Army out of the North, joyn'd with eight thousand Irish Papists rais'd by Strafford, and a French Army to be landed at Portsmouth against the Parlament and thir Friends. For which purpose the King, though requested by both Houses to disband those Irish Papists, refus'd to do it, and kept them still in Armes to his own purposes. No marvel then, if being as deeply criminous as the Earle himself, it stung his conscience to adjudge to death those misdeeds whereof himself had bin the chiefe Author: no marvel though in stead of blaming and detesting his ambition, his evil Counsel, his violence and oppression of the people, he fall to praise his great Abilities; and with Scolastic flourishes beneath the decencie of a King, compares him to the Sun, which in all figurative use, and significance beares allusion to a King, not to a Subject: No marvel though he knit contradictions as close as words can lye together, not approving in his judgement, and yet approving in his subsequent reason all that Strafford did, as driv'n by the necessity of times and the temper of that people; for this excuses all his misdemeanors: Lastly, no marvel that he goes on building many faire and pious conclusions upon false and wicked premises, which deceive the common Reader notwell discerning the antipathy of such connexions: but this is themarvel, & may be the astonishment of all that have a conscience, how he durst in the sight of God (and with the same words of contrition wherwith David repents the murdering of Uriah) repent his lawfull compliance to that just act of not saving him, whom he ought to have deliver'd up to speedy punishment; though himself the guiltier of the two. If the deed were so sinfull to have put to death so great a malefactor, it would have tak'n much doubtless from the heaviness of his sin, to have told God in his confession, how he labour'd, what dark plots he had contriv'd, into what a league enterd, and with what Conspirators against his Parlament and Kingdoms, to have rescu'd from the claime of Justice so notable and so deare an Instrument of Tyranny: Which would have bin a story, no doubt as pleasing in the eares of Heav'n, as all these equivocal repentances. For it was feare, and nothing els, which made him faine before both the scruple and the satisfaction of hisconscience, that is to say, of his mind: his first feare pretended conscience that he might be born with to refuse signing; his latter feare being more urgent made him finde a conscience both to signe and to be satisfy'd. As for repentance it came not on him till a long time after; when he saw he could have sufferd nothing more, though he had deny'd that Bill. For how could he understandingly repent of letting that be Treason which the Parlament and whole Nation so judg'd? This was that which repented him, to have giv'n up to just punishment so stout a Champion of his designes, who might have bin so usefull to him in his following civil Broiles. It was a worldy repentance not a conscientious; or els it was a strange Tyranny which his conscience had got over him, to vex him like an evil spirit for doing one act of Justice, and by that means to fortifie his resolution from ever doing so any more. That mind must needs be irrecoverably deprav'd, which either by chance or importunity tasting but once of one just deed, spatters at it, and abhorrs the relish ever after. To the Scribes and Pharises, woe was denounc'd by our Saviour, for straining at a Gnatt and swallowing a Camel; though a Gnatt were to be straind at: But to a conscience with whom one good deed is so hard to pass down, as to endanger almost a choaking, and bad deeds without number though as bigg and bulkie as the ruin of three Kingdoms, goe down currently without straining, certainly a farr greater woe appertaines. If his conscience were come to that unnatural dyscra sie, as to digest poyson and to keck at wholsom food, it was not for the Parlament, or any of his Kingdoms to feed with him any longer. Which to concele he would perswade us that the Parlament also in their conscience escap'd not some touches of remorse for putting Strafford to death, in forbidding it by an after act to be a precedent for the future. But in a fairer construction, that act imply'd rather a desire in them to pacifie the Kings mind, whom they perceav'd by this meanes quite alienated: in the mean while not imagining that this after act should be retorted on them to tie up Justice for the time to come upon like occasion, whether this were made a precedent or not, no more then the want of such a precedent, if it had bin wanting, had bin available to hinder this.
But how likely is it that this after act argu'd in the Parlament thir least repenting for the death of Strafford, when it argu'd so little in the King himself: who notwithstanding this after act which had his own hand and concurrence, if not his own instigation, within the same yeare accus'd of high Treason no less then six Members at once for the same pretended crimes which his conscience would not yeeld to think treasonable in the Earle. So that this his suttle Argument to fast'n a repenting, and by that means a guiltiness of Straffords death upon the Parlament, concludes upon his own head; and shews us plainly that either nothing in his judgment was Treason against the Common-wealth, but onelyonly against the Kings Person, a tyrannical Principle, or that his conscience was a perverse and prevaricating conscience, to scruple that the Common-wealth should punish for treasonous in one eminent offender, that wch he himself sought so vehemently to have punisht in six guiltless persons. If this were that touch of conscience which he bore with greater regrett, then for any sin committed in his life, whether it were that proditory Aid sent to Rochel and Religion abroad, or that prodigality of shedding blood at home, to a million of his Subjects lives not valu'd in comparison of one Strafford, we may consider yet at last, what true sense and feeling could be in that conscience, and what fitness to be the maister conscience of three Kingdoms.
But the reason why he labours that wee should take notice of so much tenderness and regrett in his soule for having any hand in Straffords death, is worth the marking ere we conclude. He hop'd it would be someevidence before God and Man to all posteritie that he was farr from bearing that vast load and guilt of blood layd upon him by others. Which hath the likeness of a suttle dissimulation; bewailing the blood of one man, his commodious Instrument, put to death most justly, though by him unwillingly, that we might think him too tender to shed willingly the blood of those thousands, whom he counted Rebels. And thus by dipping voluntarily his fingers end, yet with shew of great remorse in the blood of Strafford, wherof all men cleer him, he thinks to scape that Sea of innocent blood wherein his own guilt inevitably hath plung'd him all over. And we may well perceave to what easie satisfactions and purgations he had inur'd his secret conscience, who thaught, by such weak policies and ostentations as these, to gaine beleif and absolution from understanding Men.