eloquence, and that, by his gracious help, he had been enabled to discharge, to his own entire satisfaction, the duty he owed to his country, and to the liberty of his countrymen. He had spoken that day, as he told the judge, 'not for his own sake only, but for theirs, and for posterity.' He had done his best and his utmost for himself and for his fellowmen, his conscience was discharged, his obligations were fulfilled, and his mind was, therefore, at peace with itself, at peace with the world, and full of satisfaction, comfort, and joy."

During the trial, the members of the court had been going to Hampton Court, whence they expected the reward of their masquerading in the garb of justice. Vane, alone and unaided, had, with marvellous ability, presence of mind, and unexpected knowledge of the law, so often exposed their breaches of justice, and what was more felt by them, their breaches of law, that they were in bad humour with themselves. ChiefJustice Foster, who presided at the trial, was heard to say: "Though we knew not what to say to him, we knew what to do with him." It was a part of their revenge, for the checks and exposures they had suffered from the accused, to exasperate the king against him.

Charles II., though good-natured to those around him, was thoroughly selfish, and could be merciless when his own safety was concerned. The day after the verdict he wrote to Lord Chancellor Clarendon, the instigator of the whole persecution, the following letter:

66 HAMPTON Court, "Saturday. Two in the afternoon.

"The relation, that has been made to me of Sir Henry Vane's courage yesterday in the hall, is the occasion

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of this letter, which, if I am rightly informed, was so insolent as to justify all he had done, acknowledging no supreme power in England, but a parliament, and many things to that purpose. You have had a true account of all; and if he had given new occasion to be hanged, certainly he is too dangerous a man to let live if we can honestly put him out of the way. Think of this, and give me some account of it to-morrow, till when I have no more to say to you. C. R."

Although Vane had stated the undeniable fact that at a specified time there was no supreme authority save the parliament, he certainly did not refuse to acknowledge any other authority; indeed, in his defence, he expressly acknowledged the kingly power as a part of the normal constitution of the realm. But, to act honestly, was what neither Charles, nor his chancellor, nor his court of injustice intended to do.

CHAPTER XXVI

Sentence of Death. His Serenity of Mind. Wonderful Composure on the Scaffold. His last Words. Remarks on his Life and Genius.

ON June 11, after the customary formalities, Sir Henry Vane was called upon to say why sentence of death should not be passed upon him. For this, he was well prepared. He first alleged that he had not been allowed to hear the indictment in Latin, upon which the whole charge had been founded. After some debating, this was conceded. Then he desired counsel to make exceptions to it, which was overruled. He then offered a Bill of Exceptions, which he had brought with him ready drawn, and desired the judges, according to the statute of Westminster 2-31, made 13 Edward I., to sign it. The statute bears to this effect, “That if any man find himself aggrieved by the proceeding against him before any justices, let him write his exemption, and desire the judges to set their seals to it."

This act had been made that the party, deprived of a fair trial, might have a foundation for a legal process against the judges by a writ of error, if any material evidence were overruled.

This took the court by surprise. Serjeant Keeling tried to snatch the book out of the prisoner's hand, wherein was the statute of Westminster. Sir Harry

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told him he had a very officious memory, and when he was of counsel for him he would find him books. The statute was consulted and read. They objected that it had not been practised this hundred years; but Vane insisted that the statute was explicit, and that it had never been repealed. Nothing was left but to disregard it. They argued that, if it be held in criminal cases for life, every felon in Newgate might plead the same. Sir Henry answered that his case was not the case of common felons, that there was no call for such illegal haste, especially as he had been already prisoner for two years before, that he got the judges one by one to record their denial. He then desired that the petition of both Houses, with his majesty's answer thereunto, might be read in the court; which they said was a thing they were not bound to take notice of, not being an act of parliament. Yet, what is any act of parliament, but a bill presented with the petition of both Houses to his majesty, with his royal assent thereto, upon public record? At length they condescended to read it. He then offered, for the consideration of the bench, some questions in his case,

1 The following is the document in question :—

To the king's most excellent majesty.

The humble Petition of the Lords and Commons assembled in parliament.

Showeth that your majesty having declared your gracious pleasure to proceed only against the immediate murderers of your royal Father. We, your majesty's most humble subjects, the Lords and Commons assembled, not finding Sir Henry Vane nor Colonel Lambert to be of that number, are humble suitors to your majesty, that if they shall be attainted, that execution as to their lives may be remitted, and as in duty bound, etc.

The said petition being read it was agreed to, and ordered to be presented to his majesty by the Lord Chancellor. The Lord Chancellor reported that he had presented the petition of both Houses to the king's

touching matter of law, for which he desired he might have counsel assigned him, to argue them before their lordships, to wit:

1. Whether a parliament were accountable to any inferior court?

2. Whether the king being out of possession and the power regent in others?

Here they interrupted him, crying out that the king was never out of possession. Sir Henry instantly replied that in that case the indictment fell to the ground, for it ran that he endeavoured to keep out his majesty, and how could he keep him out of the realm if he were not out? The court could now do nothing but persist in their senseless fiction, and seeing that they were bent upon refusing him all justice Sir Henry folded up his papers, reminding the court that God must judge them as well as him. He finished his noble defence by protesting that he was willing to die upon the testimony which he had borne.

On this, Serjeant Keeling insultingly answered: "So you may, Sir, in good time, by the grace of God."

Nevertheless, the members of the court were ruffled and disconcerted. They hoped for a reward from the king for making away with his dreaded enemy; but his majesty expected them to save appearances, to do the thing in a deft quasilegal way, without all these foils, otherwise it had been better to get him murdered in prison. Then there were onlookers in the court, silent friends of the good old cause, whose report majesty, concerning Sir Henry Vane and Colonel Lambert, and his majesty grants the desires in the said petition.

JOHN BROWNE, Clerk Parliamentorum.