The Trial of Henry Vane, Part 11 – Part 12
Concerning the Proceedings of the Court.
1. THe Judges denied Counſel to the Priſoner, on this pretext, that they (as they were to be) would be his Counſel. They are the King's Commiſſary Judges, preferred and paid for their work by the King, who (in this caſe) was, through evil and falſe ſuggeſtions, rendred the Priſoners chief or only Adverſary, whoſe Death he ſtood accuſed of imagining and compaſſing. What Counſel or Aſſiſtance the Priſoner was like to have from them, let the World judge.
2. His Jury conſiſted of perſons that had been engaged againſt him, in that very Controverſie and Cauſe for which he was tryed. A Forreigner, in any Criminal Caſe amongſt us, may require ſix of his Jurors to be of his own Countrymen; a French-man, ſix French-men; a Dutch-man, ſix Dutch-men; &c. There was but one here (that was ſuſpected only to have ſomething of an Engliſh man in him) ſworn of the Jury; and the Lord Chief Juſtice ſharply rebuked the Clerk of the Court, alledging, that he knew not but he might have brought bread and cheeſe in his pocket, and would keep them all night, with other words to like purpoſe.
3. The Priſoner was not ſuffered to ſpeak a word to the Jury, after the King's Counſel had ſpoken, to take off the aggravating gloſſes they had put upon his pretended crime; and the Judges, (that ſaid they would be the Priſoner's Counſel) diſmiſſed the Jury, poſſeſſed with the laſt exaſperating charge, given by thoſe, who were both the Accuſers and profeſſed Counſel againſt him.
4. The Priſoner, on his Sentence-day, challenged the Sollicitor before the Court, as to the injury done him on the day of his Tryal, by his large and bitter Invective, which he had not liberty to reply to, (for the vindicating of his own Innocency, and unpejudicing the Juries underſtanding) in the fitteſt ſeaſon.
The Judges that had promiſed him (before pleading) they would be his Counſel (inſtead of relieving him herein, as in all reaſon they ought) afforded him no other anſwer, but a ſharp Rebuke, for criminating and ſcandalizing the Court, together with ſome threatning expreſſions. But what need had he to regard their threatnings, that he ſaw reſolved to paſs a Sentence of Death upon him, ſay what he would?
The main thing he charged the Sollicitor with, was his ſaying openly in Court, that he muſt be made a publick Sacrifice, (ſhewing no reaſon why) and of whiſpering to the Foreman of the Jury, in the Court, before they went to Verdict; a thing notoriouſly againſt all Law and Reaſon. Amongſt other things, he had alſo ſaid, What Counſel did the Priſoner think would (or durſt) ſpeak for him, in ſuch a manifeſt Caſe of Treaſon, unleſs he could call down the heads of thoſe his fellow-Traitors (Bradſhaw or Cook) from the top of Weſtminſter-Hall? (or to that effect) when as there were able heads in the bottom of Weſtminſter-hall, ready to have ſpoken to his Caſe, if they might have been aſſigned by the Court. But what may not be ſaid, when nothing may be replied? For a perſon, that is deſigning his own Intereſt, Honours, Advantages and Preferments, to have the laſt word to the Jury, againſt a Priſoner that ſtands at the Bar in danger of his Life, (and that, a perſon of ſo generally acknowledged worth and publick concern) and to perform it with impertinent flaſhes of Wit, and declamatory flouriſhes of Rhetorick, (ſending away the Jury with the freſh and laſt impreſſions of all that noiſe and buzze of his gloſſes upon the whole matter, and having with irritating expreſſions miſrepreſented and aggravated the ſuppoſed crimes) is a thing to be hiſſed oft the ſtage of this earth, by the common Reaſon of all mankind.
What worſe circumſtances can a Priſoner be in, than to ſtand at a Bar of Juſtice to be tryed, and there hear his profeſſed Accuſer and Adverſary, miſrepreſenting, miſcalling, and aggravating the actions he is queſtioned for, preſſing all upon the Jurors conſciences with the greateſt edge and flouriſh of all the Art, Wit and Eloquence he is furniſhed with (as Tertullus ſerved Paul) and then be deprived of all poſſible defence againſt his ſlanderous and injurious ſuggeſtions? Paul was not ſo ſerved; he had the laſt word to his Jury, when Tertullus had done, Acts 24. But the children of this world are wiſe in their generation; they knew well they had to deal with one, that had been experienced for twenty years together, to be a perſon of a very happy and unparallel'd dexterity in taking off the paint and falſe appearances that others (by premeditated Speeches) could put upon ill matters, with an extemporary breath.
If it be ſaid, he had fair warning beforehand, to ſay all that he had to mind the Jury of, and that he was not to ſpeak after the King's Counſel. It is anſwered; Though this were hard at beſt, and indeed, not at all ſutable to the true and lawfull Liberties of Engliſh-men, yet were it more tolerable, in caſe the King's Counſel had ſtarted no new thing againſt the Priſoner, uſed no provoking and unworthy expreſſions, or made no new and unforeſeen gloſſes upon the matter he ſtood charged with. For then the Priſoner might be preſumed to have ſufficiently obviated beforehand, any thing that would be ſaid by the Counſel, (had they only recapitulated) and ſo (probably) might have rendred his Jury ſomewhat uncapable of being prejudiced thereby againſt him, unleſs they were as willing to abuſe him as the Counſel. But here were many things ſaid at random, againſt all Senſe, Law and Reaſon, (as if Tully had been charactering a treacherous Catil…ne) and the innocent Priſoner muſt be mute, and ſuffer the Jury to be diſmiſſed, and ſent to paſs their Verdict on his Life, without the leaſt poſſibility of Remedy.
Put this and all the reſt together, (to wit, that the Jury themſelves were of the oppoſit party to him in the late Wars and whole Cauſe in queſtion, depending before them) and it had been far better for the Priſoner, to have caſt lots on a Drum-head for his Life, as a Priſoner of War, than to be ſo tryed in a time of Peace, unleſs it can be reaſonably preſumed, that they that would have killed him any time this twenty year in the field, ſhould now be like to ſpare his Life at the Bar.
Occaſional Speeches before his Tryal.
HE ſaid, there was ſomething in this Cauſe, that could never be conquered, and that he bleſſed the Lord, it had never been betrayed by him, or conquered in him. And before this, in a Letter from Silly to a Friend, he ſaid, God's Arm is not ſhortned; doubtleſs great and precious Promiſes are yet in ſtore to be accompliſhed, in and upon Believers here on Earth, to the making of Chriſt admired in them. And if we cannot live in the power and actual fruition of them, yet if we die in the certain foreſight and imbracing of them by Faith, it will be our great bleſſing. This dark night and black ſhade, which God hath drawn over his work in the midſt of us, may be (for ought we know) the ground-colour to ſome beautiful Piece, that he is now expoſing to the light.
When he came from his Tryal, he told a Friend, he was as much overjoyed, as a chast Virgin that had eſcaped a Rape: for, ſaid he, neither flatteries before, nor threatnings now, could prevail upon me; and I bleſs God that enabled me to make a ſtand for this Cauſe; for I ſaw the Court reſolved to run it down, and (through the aſſistance of God) I reſolved they ſhould run over my Life and blood firſt.