The Trial of Henry Vane, Part 2
The day of Arraignment, being Monday June 2. 1662.
Reader, The beſt account thou canſt yet be furniſhed with, as to this dayes proceedings in Court, is, as followeth.
SIR Henry Vane was the laſt Term, indicted of High Treaſon, before the Middleſex Grand Jury, and the Bill being found by them, he was upon Monday the ſecond of June this Term, arraigned, to this effect.
That you as a falſe Traitor againſt his moſt excellent Majeſty King Charles the ſecond, your ſupream and natural Lord, not having the fear of God before your eyes, and withdrawing that your duty and allegiance, which a true Subject ought to have and bear to our ſaid Leige and ſovereign Lord, thirteenth of May, in the eleventh year of our ſaid ſovereign Lord the King, at the Pariſh of St. Martins in the fields in the Country of Middleſex, did compaſs and imagine the Death of our ſaid ſovereign Lord the King, and the ancient frame of Government of this Realm, totally to ſubvert and keep out our ſaid ſovereign Lord from the exerciſe of his Regal Government; and the ſame the better to effect, the ſaid Sir Henry Vane the ſaid thirteenth day of May, in the ſaid eleventh your, &c. at St. Martins aforeſaid, together with other falſe Traitors, to the Jurors unknown, did traiterouſly and maliciouſly aſſemble and ſit together, and then and there conſulted to bring the King unto deſtruction, and to hold him out from the exerciſe of his Regal Authority, and then and there uſurped the Government, and appointed Officers, to wit, Colonels and Captains of a certain Army, raiſed againſt the King, againſt the Peace of our ſovereign Lord the King his Crown and Dignity, and contrary to the form of the Statute in that caſe made and provided.
And the better to effect this, the twentieth of December, in the ſaid eleventh year, with a multitude, to the number of a thouſand perſons, to the Jurors unknown, in warlike manner aſſembled, and arrayed with Guns, Trumpets, Drums, &c. did levy War againſt the Peace, &c. and contrary to the form of a Statute.
Which being read, he prayed to have it read a ſecond time, which was granted him. He then prayed to have it read in Latine, which all the Court denyed, and Keeling the King's Serjeant ſaid, That though all Pleas and Entries are ſet down on Record in Latine, yet the agitations of Cauſes in Court, ought to be in Engliſh.
The Priſoner moved ſeveral Exceptions to the Indictment, as that the 25. Ed. 3. is not purſued; that he had levied no ſuch force as amounted to a levying of War; Alſo, the place in which, perſons with whom, are both uncertain; and the particular acts of levying War, being not ſet forth, he thought therefore the Indictment was inſufficient. Alſo, he ſaid, here is a long time of Action for which I am charged, and I may be concern'd for what I acted as a Member in that ſovereign Court of Parliament, and if any thing concerns the Juriſdiction of that Court, I ought not to be judged here; at which the Court and King's Counſel took great offence.
He ſaid alſo; There hath been an Act of General Pardon, ſince that time, whereby all Treaſons are put in utter oblivion, and though Sir Henry Vane were excepted, yet none conſent that he was that Sir Henry Vane. But the King's Counſel ſaid, If he would plead that Plea, they would joyn that Iſſue with him, if he pleaſed, which if it ſhould be found againſt him, it would be too late to plead, not guilty.
But the Court ſaid, in favour of life, a man may plead a double Plea, and give in his Exception, and plead over to the Felony or Treaſon, not guilty.
But as to the Exceptions taken to the Indictment, they gave little heed to them, but preſſed him to plead or confeſs.
Whereupon he pleaded, Not guilty; and had four dayes, to wit, till Friday next, for his Tryal.
From another hand, take, as followeth.
The Priſoner did much preſs for Counſel to be allowed him, to adviſe with about any further Exceptions to the Indictment, beſides thoſe by him exhibited, and to put all into form, according to the cuſtomary proceedings and language of the Law, as alſo to ſpeak to them at the Bar, on his behalf, he not being verſ'd in the punctilio's of Law-writings and Pleas. He further ſaid. That the Indictment, which ſo nearly concern'd his Life, being long, and his memory ſhort, it could not well be imagined that he ſhould upon the bare hearing it read, be able in an inſtant to find out every material Exception againſt it, in form or matter. He pleaded a good while on this account, but Counſel was finally denied him till he ſhould plead guilty or not guilty, unto which, being a third time urged, he pleaded Not guilty; The Court having aſſured him beforehand, that after pleading, Counſel ſhould be aſſigned him, which yet never was performed.
Here followeth a Tranſcript of the Priſoners own Papers, containing certain Memorandums pleadable upon his Arraignment.