CHAPTER III.

STRAFFORD'S FAREWELL.

THE genius of Pym had long since anticipated the reply. Should so pernicious a foe to liberty be allowed to escape for want of a specific statute, or known law, capable of reaching his great crimes? It was not to be thought of! To the remedy for their difficulties he had pointed, when he argued for the existence of a treason against the principle of justice, as well as treason in violation of the law; for a treason against the people, no less than against the sovereign. The remedy was a bill of attainder the ready instrument of tyranny, and tacitly acknowledged such by these statesmen themselves, when they inserted in it the much-lauded proviso (what action may not win praise from partisans?) that this attainder should not be acted upon by the judges as a precedent in determining the crime of treason. To give the necessary support to his plan, Pym, resorting once more to the solemnity of closed doors, announced a discovery involving important supplemental evidence of Strafford's guilt. It consisted in a minute of the privy council on Scotch affairs, in May, purporting to contain words spoken by

Strafford to the king, advising his majesty to employ the army of Ireland to reduce England. These minutes had fortunately been found by the younger Vane, in his father's library. The bill-it was already prepared was produced, and instantly read. The trial now proceeded upon the additional evidence; to which Strafford having replied, was called upon to make his final answer to the facts.

The earl began by alluding to the advantages possessed by his accusers, and in gentle terms to the violence with which those advantages had been pressed, to bear down a man standing alone against the whole authority and power of the House of Commons; his health impaired, his memory weakened, the order of his thoughts discomposed. In a tone of cheerful and generous confidence, he threw himself upon the justice of his judges; giving God thanks that they were the peers of England, and celebrating the wisdom of those times" which had so ordained."

My lords," he said, "I have learned that in this case, which I did not know before, that there are treasons of two kinds statute treasons, and treasons constructive and arbitrary. First, then, I shall, as I hope, clear myself of statute, and then shall come to constructive, treason."

Having, at great length, and with surprising acuteness and force, replied severally to the articles which charged him with treason against the statute, he proceeded:

"My lords, I have all along watched to see if I could find that poisoned arrow that should envenom

all the rest, — that deadly cup of wine, that should intoxicate a few alleged inconveniences and misdemeanours, to run them up to high treason. That those should be treason together that are not treason in any one part, and where one thing will not do it of itself, yet woven with others it shall do it, — I conceive, my lords, under favour, that neither statute law nor common law hath declared this. It is hard I should here be questioned for my life and honour upon a law that is not extant, that cannot be shewed. My lords, where has this fire been lying all this while, so many hundred years together, that no smoke should appear till it burst out now, to consume me and my children? That a punishment should precede promulgation of a law; that I should be punished by a law subsequent to the fact, is extreme hard! What man can be safe, if this be admitted? It is hard in another respect,that there should be no token set by which we should know this offence, no admonition given by which we should avoid it. Where is the mark, where is the token upon this crime, to discover it to be high treason? My lords, be pleased to have that regard to the peerage of England, as never to expose yourselves to such moot points, such constructive interpretations of law; if there must be a trial of wits, let the subject be of something else than the lives and honours of peers. It will be wisdom in your lordships, for yourselves, your posterity, and for the whole kingdom, to cast into the fire those bloody and mysterious volumes of constructive and arbitrary treason, as the Christians in the primitive time did their books of curious arts,

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and betake yourselves to the plain letter of the statute, that tells you what is and what is not treason; and not to be ambitious to be more learned in those killing arts than our forefathers! It is now full two hundred and forty years since any man was touched for this alleged crime, to this height, before myself. Let us not awaken these sleeping lions to our destructions, by raking up a few dusty records that have lain by the wall so many ages, forgotten or neglected. May it please you, my lords, not to add this to my other misfortunes, that a precedent should be derived from me, so disadvantageous as this will be to the whole kingdom. Do not, through me, wound the interest of the commonwealth and howsoever those gentlemen say they speak for the commonwealth, yet, in this particular, I indeed speak for it, and shew the inconveniences and mischiefs that will fall upon it: for, as it is expressed in the statute of Henry the Fourth, 'no man will know what to do or say for fear of such penalties.' Do not, my lords, put such great difficulties upon ministers of state, that men of wisdom, of honour, and of fortune, may not with cheerfulness and safety be employed for the public: if you weigh and measure them by grains and scruples, the public affairs of the kingdom will lie waste; no man will meddle with them who hath any thing to lose.

My lords, I have troubled you longer than I should have done, were it not for the interest of those dear pledges a saint in heaven hath left me." [At this word, we are told, he stopped a while, letting fall some tears to her memory; then he went on.] " What I

forfeit for myself is nothing; but that my indiscretion should extend to my posterity, wounds me to the very soul. You will pardon my infirmity, something I would have added, but am not able; therefore let it pass. And now, my lords, for myself I have been, by the blessing of Almighty God, taught that the afflictions of this present life are not to be compared with the eternal weight of glory which shall be revealed hereafter.' And so, my lords, even so, with all tranquillity of mind, I submit myself freely to your judgment; and, whether (he concluded, looking upward,) that judgment be of life or death, TE DEUM LAUDAMUS: IN TE, DOMINE, CONFIDO!"

The effect of this noble and touching address upon the audience in general, may be understood from the following testimony, subjoined to the report of it, for which we are indebted to Whitelocke, the chairman of the committee of impeachment. "Certainly," writes that honest adversary of Strafford, "never any man acted such a part, on such a theatre, with more wisdom, constancy, and eloquence, with greater reason, judgment, and temper, and with a better grace in all his words and gestures, than this great and excellent person did; and he moved the hearts of all his auditors (some few excepted) to remorse and pity.” Pym had prepared a reply,—in force of reasoning and condensed power of language, worthy of a juster cause; in sanguinary violence, far exceeding every thing hitherto drawn forth by this memorable trial. Among many sterling passages, it contains a description of law, equalled only by the famous one in