The Attorney-General's Speech to the Jury.
The Indictment is, for traiterously imagining and intending, &c. the Death of the King. This very imagination and compassing, &c. is Treason. Yet, forasmuch as the intentions of the heart are secret; the Law cannot take notice of them, till they are declared by Overt Act. Therefore we shall give in Evidence, That for the accomplishing Page 27 of these Intentions, the Prisoner sate with others in several Councils, or rather Confederacies, incroached the Government, levied Forces, appointed Officers, and at last, levied open and actual War, in the head of a Regiment. If any of these crimes be proved, it is sufficient to make him guilty within this Indictment. And the open levying of War, and appearing in the head of a Regiment, is not only a Treason of it self, but an evidence of all those other Treasons he stands charged with in the Indictment.
These things happening before the Act of Oblivion, you will take notice of that Act,* and that the Prisoner being excepted by name from the benefit of that Pardon, though he be chargeable for any crime of Treason since the beginning of the late War, yet we shall confine the Facts for which we charge him, to the Reign of his now Majesty.
After the House had voted the late King's Concessions in the Isle of Wight to be a good ground for Peace, many of the Members were kept out by force, others turned out; the Peers laid aside, and at last, the King murdered. The first thing then that we shall lay to the charge of the Prisoner, is, That that very day, wherein that horried Act was committed, we find his hand and seal to a Warrant to the Officers of the Navie, to issue out Stores for a Summers Guard of the Narrow Seas. This was the first day of the Reign of his now Majesty; and so he enumerated all the Particulars which he intended to charge him with, and proved them, as followeth.
1. The Warrant of the 30th of Jan. 48, was proved to be the hand of Sir Henry Vane, by Thomas Lewis and Thomas Turner, as they believe, neither of them affirming that they saw him write it, but knowing his hand, believed it to be so.
2. Ralph Darnel, an Under-Clerk of the House of Commons, proved the Journal Book of the House, and said, though he will not take upon him to say, when Sir Henry Vane was there, and when he was absent, yet he said positively, that at what time soever he is set down in the Journal, to have acted or reported any thing, he was there. In which Book, Febr. 7. 1648. fol. 653, was the Order to set up a Council of State.
Fol. 684. 13th Feb. were the Instructions presented to the House, upon which the Council of State was to act.
1. The first was, That you, or any four or more, are to suppress all and every person and persons pretending Title to the Kingly Govern∣ment of this Nation, from or by the late King; Charles Steward, his son; or any claiming from or by them or either of them, or any other Single Person whatsoever.
Page 28 This the Attorney said, was in the first part of that Instruction, to destroy the King's Person, and in the second part, the Kingly Go∣vernment.
2. That you, &c. are appointed to direct the Forces of this Com∣monwealth, for the preventing and suppressing of Tumults and In∣surrections at home, or Invasions from abroad; and for these ends, to raise Forces, &c.
3. That Febr. 14. 1648. fol. 695; Sir Henry Vane was chosen a Member of the Council of State, and acted upon these Instructions, which they proved thus; To wit,
First, That Sir Henry Vane, as (fol. 893) 23d of March 1648, Reported from the Council of State, an Estimate of the number of Ships for the Summers Guard of the Narrow Seas.
Secondly, March 30. 1649, Sir Henry Vane reports from the Council of State, That ten thousand pounds, parcel of the twenty thousand pounds, assessed upon South Wales for their Delinquency, be allowed towards the setting out of this Fleet, for the service of the Parliament; which was Ordered accordingly, and to be paid to Sir Henry Vane, as Treasurer of the Navie.
Thirdly, That Sir Hen. Vane usually sate in Council, but this De∣ponent, being never admitted to go in, after the Council was sate, proves, that he often saw him go in at the fore-door and back-door, and often continue there all the time the Council was sitting.
William Dobbins and Matthew Lock say, That they several times saw Sir Henry Vane sit in a Committee of the Council, in the years 1651 and 1652, which consisted only of Members of the Council, and particularly at the Committee for Scotish and Irish Affairs, where Sir Henry Vane was often in the Chair, and produced several ••ders of that Committee.
Fourthly, Febr. 12. 1649, A new Council of State was chosen, of which Sir Henry Vane was one, fol. 720.
Feb. 13. 1649, All the Instructions of the former year were read and assented to.
Feb. 22. 1649. fol. 760, Sir Henry Vane reported the form of an Oath of Secresie to be administred to every of the Members of the Council, which was, to keep all things which should be transacted in Council, secret, and to be true and faithful to their Instructions; which the Attorney said, (since their first Instruction was, to suppress all persons pretending Title from the King) was in effect, an Oath of Abjuration.
Page 29 Fifthly, Anno 1652, Sir Henry Vane was President of the Coun∣cil of State, and several Warrants were produced, to wit, May 20. 1652, and 22d of May - 52; to deliver to Major Wigan, two hun∣dred Firelocks, and ten Drums. The other, for the delivery of five hundred Foot-Arms, for Recruit of Col. Ingoldsbyes Regiment; and these were subscribed by Order of the Council, H. Vane, President.
April 2. 1653. A Warrant of that date was produced by the Commissioners of the Navy, of which he was one, for furnishing out the Hampshire Frigat, with Provisions and Ammunition for the use of the State.
From this time to 1659, they charge him with nothing, and then the Journal-Book was produced and attested by Ralph Darnel, where∣in, May 7. 1659, an Order was made for appointing a Committee of Safety (whereof Sir Henry Vane was one) That they, or any four or more of them, should take care of the Safety of this Commonwealth, and they to sit for eight dayes and no longer, fol. 36.
Die Ven. May 13. 1659, Sir Henry Vane reported, That they had conferred with all the Foreign Ambassadors. That the Common-wealth is in Amity with all Foreign Princes, but Spain.
Resolved, That Ch. Fleetwood, J. Lambert, J. Disbrough, Jam. Berry, Arthur Haslerigg, Edmund Ludlow, and Sir Henry Vane be Commissioners to nominate Commission-Officers for the Army of this Commonwealth. By vertue hereof they proceeded, June 17. 1659, to nominate Commission-Officers, appointed Robert Mosse a Colonel, presenting a List of his Commission-Officiers; and John Mason to be Governour of Jersey.
Die Ven. May 31. fol. 158. Sir Henry Vane reports, concerning affairs between the two Northern Kings, in the Zound, wherein the affairs of this Commonwealth are concerned.
Die Ven. Sept. 2. 1659. At the Committee of State at White-hall, An Order was produced for the redelivery of the City-horses to their respective owners, Signed, H. Vane, President.
A Warrant was produced under the hand of Sir Henry Vane, pro∣ved by Thomas Lewis and one Falconer, for so many Hangers to Col. Tompson, as he shall require for his Regiment.
Three several Letters, to deliver 1200 Arms for the use of my Regiment; to wit, To Sam. Linn my Capt. Leiutenant, 30 Arms for my Company; To Maj. Tho. Shurman, Major of my Regiment, four or five barrels of Powder.
Then one Marsh was produced a Witness, who proves, That Sir Page 30Henry Vane proposed the new Model of Government, Whitlock being in the Chair, in these particulars;
1. That the Supream Power, delegated by the People to their Trustees, ought to be in some Fundamentals not dispensed with.
2. That it is destructive to the Peoples Liberties (to which by God's blessing they are restored) to admit any earthly King or single person, to the Legislative or Executive Power over this Nation.
3. That the Supream Power delegated, is not on trusted to the Peo∣ples Trustees, to erect matters of Faith or Worship, so as to exercise compulsion therein.
Tho. Pury proves, That he was at the debating of the two last of these Propositions, and believes they were proposed to the Chairman Whitlock, by Sir Henry Vane; but affirms confidently, that Sir Hen. Vane gave Reasons to maintain them.
Tho. Wallis produced, proves Sir Henry Vane and Col. Rich in the head of a Company, in Winchester Park in Southwark, and that the Capt. Leiutenant Linn said to the Souldiers, that Sir Henry Vane had given them five pounds to drink; that the said Linn sent home a key to his wife, to send him four pounds out of his trunk, to give the Soul∣diers.
John Cook deposeth, That he was sent to the Horseshoe-stairs, to meet Sir Henry Vane and Col. Rich, and that Sir H. Vane delivered five pound to Capt. Linn, to reward the Souldiers. This was all the Evidence given by the King's Counsel; To which, Sir Henry Vane was required to make his Defence; and to go through with his Case all at once, and not to reply again upon the King's Counsel, who resolved to have the last word to the Jury.