The Lives of Anthony Wayne and Sir Henry Vane

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THK

LIBRARY OF

AMERICAN BIOGRAPHY CONDUCTED BY

JARED SPARKS.

VOL. IV.

NEW YORK: HARPER

& BROTHERS, PUBLISHERS, FRANKLIN SQUARE.

LIVES

ANTHONY WAY N E A.ND

SIR

HENRY VANE

NEW YORK: HARPER

& BROTHERS, PUBLISHERS, FRANKLIN 6QTJABE.

CONTENTS.

LIFE OF ANTHONY WAYNE, Br JOHN ARMSTRONG.

Page

LIFE OF SIR HENRY VANE,

BY CHARLES WENTWORTH UPHAM.

87

Preface

CHAPTER

I.

...

Introduction

CHAPTER Sir

Henry Vane.

Connexions.

to

91

II.

His Parentage and Family Early Travels

Education.

on the Continent.

Removal

80

Puritan Sentiments.

America.

07

JON

VI

TF.

NTS

CHAFFER

.

III.

Chosen GoverReception in MuscatMusette. nor. - Slatt tif r

keys to his private secretary, then at Whitehall, and wrote to me, that I should take from the secretary those keys, that

opened

his

evidences of his

up

his

boxes where

his writings

lands were, to

the end

and the that

I

AMERICAN BIOGRAPHY.

192

might cause an assurance to be perfected, which concerned my wife and having perused tnose and evidences, despatched what depended there;

upon,

was

I

in a

had the curiosity to desire to see what red velvet cabinet^ which stood with the

other boxes.

I

thereupon required the key of still want-

that cabinet from the secretary, as if I

ed somewhat towards the business

my

father

had

Having gotten the key, I found amongst other papers, that mentioned by Mr. Pym, which made that impression on me, that I thought myself bound in conscience to communicate it to directed.

some person of better judgment than myself, who might be more able to prevent the mischiefs and so I showed it to Mr. threatened therein ;

and, being confirmed by him that the seasonable discovery thereof might do no less than

Pym,

preserve the kingdom, consented that he should take a copy thereof; which to my knowledge he did faithfully

;

and thereupon

I

laid

the proper place again, in the red " net

in

A.fter

the

having

whole

father,

and

thus

the original velvet cab-

ingenuously acknowledged he turned towards his

transaction,

said, in conclusion,

"

I

than

know

that this

ruin in the

my prove good opinion of my father but, having been provoked by the tenderness of my conscience to-

discovery

will

little

less ;

wards our

common

parent,

the country, to tres-

HENRY VANE.

SIR pass

against

compassion littie

my from

natural this

193

hope to find House, though I have but father, I

hopes of pardon elsewhere."

Henry Vane, the

Sir

habitual expression

now

elder,

and general

air

rose.

wore

His

t.ie

appearance of uncommon sternness and severity, and on this occasion he exhibited more than was usual of the

same dark and frowning

aspect.

He

was evidently very much wrought upon by the disclosures that had been made. He felt that his

own honor was one of

his

implicated in the publication by family of a secret document, which

he had held doubly sacred because its discovery would prove fatal to a personal foe. He thus '

commenced

his

misfortune

now

is

much amazed,

address.

The

discovered to me.

finding

interrogatories, as

(

ground of my I have been

by such some discov-

myself pressed

made me

suspect

ery to be made, by some person as conversant in the counsels as myself. I am now satisfied to whom I owe my misfortunes; in which I arn sure It is true, the guilty person will bear his share. being in the north with the King, and that unfortunate son of mine having married a virtuous

gentlewoman (daughter of a worthy member now present), to whom there was somewhat in justice and honor due, which was not I

in

sent

my

keys

to

my secretary,

sufficiently settled,

(not well

what box the material writings VOL.

TV.

13

1

iy,)

knowing and direct-

AMERICAN BIOGRAPHY.

194

ed him to suffer

my

son to look after those evi-

and by this occasion, ; seems those papers were examined and perused which have begot this trouble." After relating a dences that were necessary

it

few more

particulars, Sir

bis

and

grief,

Henry of

disapprobation

again expressed the disclosure

made by his son, and resumed his seat. The House was in the mean time a scene

of the

most extraordinary and thrilling interest ; the distressing collision between the father and son ; the strange

manner

in

which the evidence had been

originally obtained ; the sudden and unexpected solution of the mystery, which had hung over the

testimony of

Vane

;

and the

given to that fatal testimony,

fearful confirmation

all

together produced an intense excitement through the whole assembly. The reader will judge for himself of the con

duct

of the younger

Vane.

While

it

may be

regarded as an indiscreet and unauthorized indul" red velgence of curiosity to have opened the vet cabinet,"

many,

be

it is probable that .it \* ill :aot, by considered an unpardonab e offence,

for a son and representative and heir to have used the keys, which had been intrusted to a secretaBut that which the father most condemned, ry.

which there probably would be the greatest uncertainty and difference of opinion, was the communication of the paper to Mr. Pym and

On

about

this point

he did not act without

reflection

S1RHENRY VANE.

195

and cautious reluctance; and, whatever others may think to have been his duty, it is evident that his

own conscience

entirely

If such advice

done.

and one of the most powerful

favorite minister,

and active men

approved of what he had were given by the King's

in

the government, it is certain, not be considered safe for

that the country could

a

moment,

until

it

had been brought

to

light.

The House

passed a formal vote justifying the conduct of the younger Vane, and expressing its opinion, that it ought not to incur the displeasure of his father. But the feelings of the latter could not be assuaged by votes, and

we

are informed

away, before a reconciliation was effected with his son. This was the that a long period passed

public transaction in which Sir Henry Vane, the elder, took a conspicuous and active part. last

The now

testimony, whose curious history I have was decisive of Strafford's fate, and

related,

his judges that he had given traitorous counsels to the King. The only way in which his friends could meet it was by pretending that the

satisfied

was

whole plot.

d

fiction,

Such, indeed,

is

a

deliberately

contrived

the view Clarendon en

deavors to insinuate into the minds of his readers.

But

ination. sition,

cannot stand the test of a fair examwas altogether too monstrous a suppoand in such utter violation of what was it

It

AMERICAN BIOGRAPHY.

196

known

of the characters of Pyra and of both the Vanes, that their bitterest enemy hardly ventured

do more than insinuate

to

timony was

Besides, the tes-

it.

keeping with the charactei of Strafford, was substantially corroborated by the in perfect

member

only

of the council,

who

could have been

Clarendon admits, expected to confirm it, the manner and appearv;as fully sustained by ance of the parties during the painful and exciting and, as

scene, in which

it

was brought out

at

the

trial

of

Strafford.* It

is

a remarkable circumstance that the

pathies of

many

persons,

who

sym

are themselves the

friends of liberty, are still given, in a great measure, to those characters in the annals of the mother country, who were the most violent

ardent

*

The above account

The

of the circumstances of Straf-

almost wholly drawn from Clarendon. assertors of liberty in every age of the world have

ford's

trial

is

been subjected, in their fame, to writers whose prejuwere strongly engaged to misrepresent them. Such especially is the case with Vane and his contempodices

rary fellow patriots.

It is truly

wonderful that their glory

has not been

permanently eclipsed. Providence, in a most extraordinary manner, has provided the means by which calumny can be refuted, error corrected, truth vindicated, and justice done. Although Clarendon endeavors to give an impression unfavorable to the Vanes in relating the facts connected with their testimony in this trial, I am persuaded that a careful reader would

HENRY VANE.

SIR

197

opposers of republican principles ; while the suffering martyrs in the cause of freedom are disregarded, or permitted to rest under calumny and reproach. Strafford

has

probable, ever becomes us to examine is

it

admirers,

among republicans. It little more carefully the actions and characters of men, before we yield to them our love and sympathy.

Warburton, who was not inclined

more than common tion of

an arbitary

severity spirit,

to look with

upon the manifesta-

" His says of Strafford,

ambition, pride, and appetite for revenge, were all exorbitant. His parts were of the first rate, and these

solely directed

passions.

to

What wonder

the gratification then,

of his

when men found

him in the station of prime minister, they should never think themselves safe while he continued " And Clarendon himself, his friend and there ? admits that he was of " a nature too partisan,

elate

and arrogant," and says, that " of

all his

pas-

gather, even from his account, very much such a view of the transaction, as I have given. Hallam (in his Constitutional History," Vol. II. p. 208,} says, that there can be little reason to question the

testimony given by the elder Vane

;

and, in a note, affirms

and Usher, and Juxon, the Bishop of London, as well as Northumberland, corroborated it. He cites as his authority for this assertion, Rushworth's Abridgment, that Bristol

Vol. IV. pp. 455, 559, 586,

and

Baillie, p. 284.

AMERICAN BIOGRAPHY.

193 sions,

his

pride was most predominant ; which a ill fortune might have cor-

moderate exercise of

and which was, by the rected and reformed hand of Heaven, strangely punished by bringing his destruction upon him by two things that he ;

uost despised the people and Sir Harry Vane."

SIR

HENRY VANE.

CHAPTER

199

IX,

Age in the Time of His reHis religious Character. Clarendon's Account of ligious Principles. them. Burners. Hume's. Mackintosh's

Religion the Spirit of the

Vane.

Vane a Calvin-

Opinion of Vane's Writings.

Tolerant towards all Sects.

ist.

from his Writings on of the Fall of Man. in

Toleration.

Delate on Episcopacy

Vane's

1641.

Selections

His Views Assembly of

Speech.

Divines.

FROM

the time of the Reformation until the re-

Second, when libertinism

storation of Charles the

the infidelity became the order of the day, on the Continent sentiment in and ruling England was RELIGION. This was the power which moved

and

all

other

powers.

manifestations

One

of

its

most remarkable

was the colonization of America

by the Puritans.

But

its

play, as a predominating

last

and

and brightest

visible

power

dis-

in the

of state, was the struggle which resulted the establishment of the Commonwealth in

affairs

in

England.

The

tone and character of a theological

controversy prevailed throughout all its stages To be a statesman in those days, it was neces

AMERICAN BIOGRAPHY.

200

Speeches in Parliament sary to be a theologian. were pregnant with the learning of the schools of The precedents cited were drawn from divinity. Fathers

the

;

the

texts of Scripture

upon were House of Lords

relied

arguments

and, from the

;

the obscurest stations in society, the topics of and conversation were of a religious

to

discussion

In this respect, the contest of the Par-

character.

liament and people with Charles the First takes rank above all other political revolutions on record

;

when thoroughly and

and,

amined,

impartially

be found to transcend them

will

in

exthe

dignity of the topics debated, and the importance of the principles at issue.

In writing the history of an eminent leader in is of essential moment to it

such a revolution, ascertain

and

illustrate

his religious character.

It

no small

part of the distinction of Sir Henry in an age when religion was the great Vane, that, political principle, he excelled all his associates

is

and

contemporaries in his theological acquirements, and in the spiritual advancement of his

character.

From

his

early

mind and heart were devoted

youth,

his

Gospel, the cause of the church, and the of piety.

Of

his religion, as a

upon

his soul

self with

freedom

ing

and ;

whole

to the truths of the spirit

personal principle, operathis life, I

for,

on

this

can express mypoint, there will

HENRY VANE.

blR be none

dispute me.

to

his faith, his ardent

^01

His sincerity,

hi*

zeal,

and uniform piety, were seen

and

acknowledged by all they shone, with a and serene radiance, through his whole steady and were concentrated with a lustre which life, ;

compelled the admiration, nay the veneration, of all men, even of his bitterest enemies, on the scene of

When

glorious death.

his

I

look over

names which men have long catalogue called great, and see so many of them written in the

of

illuminated by the pure and of virtue and piety, the reader will pardon me, nay, he will join me, in expressing the delight I experience in contemplating the blood, and

heavenly

so few

light

statesman, whose chosen

character of a

pursuit

was the acquisition of divine truth whose most earnest and powerful efforts were devoted to its ;

diffusion

;

whose

and innocence

abode of the

life

was adorned

whose

;

spirit

of prayer

with holiness

was the constant

heart ;

and whose mind

was kept bright and clear by the rays of the Sun of Righteousness.

But daily

his

life,

religious character, as will

be best

illustrated

it

shone

by

in

his

tracing the

I proceed therefore to the history of that life. examination of his religious views and principles,

And what

here, again, his

respecting

I shall

enemies him,

and

and

adopt the plan of quoting calumniators have said

then,

after

presenting

the

AMERICAN BIOGRAPHY.

202 actual

own

truth to the reader, leave

hun

to

form

his

conclusions.

Anthony Wood's view of

his

religious

charac-

has already been presented. Clarendon gives the following account. " Vane was a man not ter

be

to

described

which he had

in

by any character of religion ; swallowed some of the fancies

and extravagances of every sect or

faction,

and

was become (which cannot be expressed by any other language then was peculiar to the time) a

man

above ordinances^ unlimited or unrestrained

bounds prescribed to other men, of his perfection. He was a perfect without enthusiast, and, doubt, did believe him-

by any

rules or

by reason

self inspired

;

which so

far

corrupted

his reason

and understanding (which, in all matters without the verge of religion, was superior to that of most

men), that he did, at some time, believe he was the person deputed to reign over the saints upon earth for a thousand years." Clarendon, in another place, expresses his wonder, that in Sir " that clearHenry's writings there was none of ness and ratiocination, in which, in discourse, he used much to excel the best of the company he kept."

Burnet thus describes him set

up a form of

religion

;

in a

" For though he of his own, way

yet it consisted rather in a withdrawing from all other forms, than in any new or particular opir-

SIR ions 01 forms

;

called Seekers,

HENRY VANE.

203

from which he and his party were and seemed to wait for some new

and clearer manifestations. In these meetings he preached and prayed often himself, but with so peculiar a darkness, that, though I have sometimes taken pains to see

if I

could find out his

works, yet I could never reach it. His friends told me, he leaned to Origen's notion of an universal salvation of all, both of devils

meaning

in

his

and the damned, and

to the doctrine of preexist-

ence." after expressing an enthusiastic admiof Vane's dying deportment, thus speaks

Hume, ration

" This man, so celeparliamentary talents, and for his

of his religious writings. brated for his

capacity in business, has left some writings behind him. They treat, all of them, of religious sub-

and are absolutely unintelligible. No traces of eloquence or even of common sense appear in

jects,

them." Nothing

is

more curious than the

entirely dif-

which discerning and discriminating minds sometimes take of the same subject. In " The North American Review " for ferent views,

October, (Mr. Alexander H. Everett) a conversation held between Sir James

1832, the relates

editor

Mackintosh and himself, that occasion

Sir

Calvinists, says

;

at

London,

in

1817.

On

James, speaking of the En.jr^sh " Sir Henry Vane was one of

AMERICAN BIOGRAPHY.

204

the most profound minds inferior,

are

perhaps,

to

theological, are

that ever

existed, not

His works, which extremely rare, and display

Bacon.

astonishing powers. They are remarkable as conthe first direct assertion of the taining liberty of

conscience."

Thus we

which to the " mind of Hume were absolutely unintelligible," and exhibited " no traces of eloquence or com-

mon

see, that the writings,

sense," in the estimation of Mackintosh dis-

;c astonishing powers," and entitled their played author to the superlative praise of being " one " of the most profound minds that ever existed !

In such a case, tial

we must each

exercise an impar-

and independent discernment, and judge

ourselves what

The

is

for

right.

alleged obscurity in

Vane's writings was

occasioned in part by a cause which Clarendon " The subexpresses in the following manner. ject matter of

them was of

so delicate a nature,

that they required another kind of preparation of

mind, and,

it

may

be, another kind of diet, than

are ordinarily supplied with." The subjects of which Vane treated are of the most difficult

men

kind. Readers, in general, are unfamiliar with the topics, and unacquainted with the phraseology, of those branches of divinity, in which his mind

delighted to indulge

its

meditations.

Men

of the

world, lovers of pleasure, and votaries of ambition

SIR

HENRY VANE.

205

cannot understand, any more than they can enjoy them. There is more truth in Clarendon's sar

casm, perhaps, than he was aware of. It would have required a very different " preparation of " another kind of diet," for mind," and perhaps the

ambitious and worldly minister of the most and depraved of courts, and the most

licentious

monarchs, to appreciafa the pure and conceptions of the acute theologian and

profligate of spiritual

heavenly-minded Christian philosopher. Mackintosh, it has been seen, classes Sir Henry Vane with the Calvinists, and it is probable that

he would

fall

under that denomination more justly

other. He was, however, so conversant with Christian science, and thoroughly his mind was so liberal and enlarged, that, while

than

under any

he held

his

own views

in

a high and spiritual sense,

he sought to imbibe more truth from every system of faith, and every form of religion. Christian truth

was not

to

him a mere

intellectual

and

barren system of speculative opinions ; not one article of faith was permitted to be of that character in his mind.

But, around every doctrine of

Scripture, his noble genius, exuberant imagination, and hallowed affections gathered a living and life-

giving spirit of warmth, and love, and energy. His zeal was regulated by knowledge, and

He was the unchanging tempered with charity. and consistent advocate of religious liberty and ;

AMERICAN BIOGRAPHY.

206 the

for

was fixed upon wn was thought imprac-

fanaticism

of

charge

chiefly

this

reason.

ticable to attempt

It

what he uniformly urged, and

faithfully labored to

ation of sects

promote, a universal tolerand opinions. He wished all Chris-

tians to be perfectly free, and, in the eye of the He was opposed law, to be regarded as equals. to exclusive privileges in the government of

as

church,

every

exercised

by

He

well as state.

equally abhorred

form of persecution or bigotry, whether

by

political or ecclesiastical institutions,

societies or

individuals

;

and he proved the

sincerity of his principles by carrying them oui in practice, without partiality or exception, even when their operation was in favor of those, whose

sentiments he

most

disliked.

He

dreaded the

power of the Pope, and opposed the Church of Rome ; but, true to his principles, exerted himpromote the cause of Catholic emancipation, although in so doing he incurred the displeasure of almost all his Protestant contemself to

poraries,

and brought down upon his own head Baxter himself;*

the denunciations of Richard

and when John Biddle, the founder of the denomination of Unitarians in England, was arraigned for publishing his sentiments, Sir *

258,

London Monthly Repository, Vol. XVIII. ORME'S Life of Baxter, Vol. I. p. 82.

Henry pp.

257

HENRY VANE.

SIR

207

Vane, the enthusiastic champion of the Genevan Calvinists, stepped forth in his defence, and labored, with untiring zeal and the most resolute perseverance, to protect him from the blind intolerance

But he labored

of the age.

and poor Biddle, persecution,

after years of at

perished,

in

vain;

imprisonment and in a narrow and

last,

noisome dungeon.*

The Sir

passage

following

Henry Vane

will

from

show

the

what

in

writings light

oi

he re-

garded the divisions and conflicting parties in Christendom. " There are many churches in the world, that make a profession of the name of Christ, under several

the

forms

variety

rulers

and

denominations,

of judgments

also

pretends to

is

a church

headed by the Pope,

be Christ's

national churches,

according to of the

interests

There

and members thereof.

called Catholic or universal,

who

and

vicar.

There

headed either by a

are civil

Church of England, or by general assemblies, as the Church of Scotland hath been, with other Reformed churches. There magistrate,

as the

are also particular, independent, Congregational churches, distinguishing themselves into variety of sects and diversity of judgments and opinions,

* London Monthly Repository TOULMIN'S Life of Biddle, p. 33.

Vol.

XIII.

D.

347

AMERICAN BIOGRAPHY.

208

about

well

as

the

way and

word

order of the

matters of worship and the service of God, as in what they hold fundamental in matters of in

These

faith.

owning and

make up one body,

all

upholding

a

church

in

visible form,

as to the

some

out-

all

their

who, notwithstanding and pretestings against one another, do generally agree together in one mind, as to the preferring of the church in name, show, ward,

differences

and

and

outward order, before what it is in spirit truth, as it is the real and living body of

Christ.

" Hence

it

is

that the true church indeed, the

very living,

real, spiritual

have been

for

members of Christ's body,

many hundred

years a dispersed,

captivated people, under all worldly powers, civil or ecclesiastical, and never been suffered to use r>r

enjoy

freedom

in

their

communion

together,

and the purity of God's service and worship but are, upon one pretence or other, restrained by human laws, and suppressed as heretics, schis;

matics,

fanatics,

down

and

such

as

turn

the

world

while those that have the repute and credit to be the church or churches of Christ, upside

;

under some one of the forms and outward orders before

on

mentioned, have the powers of the world side, and are contending one with an

their

other,

who

shall

of conformity in

be uppermost and give the rule doctrine, worship, and church-

HENRY VANE.

SIR order, to cution." *

the rest by compulsion and

all

Henry Vane extended

Sir

his toleration

Christian sects and professors, to ligions, chiefly for this reason. Christianity as a spiritual

sence of which

and

lowers;

reside? in

he

which

the

is

men

beyond

of

He

all

re-

regarded

religion, the

the

perse-

vital

of

hearts

its

esfol-

Indulged the benevolent and the moral and spiritual excel-

liberal beiief, that

lence,

209

of true

substance

religion,

might be found in the minds and characters of Gentiles and Jews ; and that, wherever it existed,

marked

its possessor as a Christian, although livan age and country where the name of Christ had never been heard. He, therefore, did it

ing in

not dare

to

exclude even the heathen from

charity, for fear that

those

whom

he might,

in so doing,

his

shut out

head of the church, day, acknowledge and welcome

Christ, the great

would,

at the final

as his

own.

The

following passage will exhibit

mode of thinking on this point. " But indeed, this assertion is so or lessening the number of ening his

the true heirs of salvation, that

how

it

far

from

strait-

those that are

rather discovers

they did in Elijah's they may of visible professors, of the observation out time, those that they exclude as heathens,) and (amongst lie

hid, as

* SIKES'S Life of Fane,

VOL. TV.

14

p. 45.

AMERICAN BIOGRAPHY.

210

be comprehended by Christ, their spiritual head, when as yet they may not have their spiritual senses brought forth into exercise, so as to appre*

hend him; but may be babes in Christ, walking as men, 1 Cor. iii. 1, 3, undistinguished from the rest

And

of .the world.

that respect,

seem

although they may, in be men in the flesh, yet they

to

may live according to God in the spirit, and Jind acceptance in the beloved one ; whilst they themselves .may either be without law, exercising a CHASTE NATURAL CONSCIENCE, the flie

may be under

or

law, believers so zealous of the law, as to in the face of Paul himself, for witnessing a

higher light than they have yet experience can bear." *

of,

or

He

thus clearly defines the extent of the authority of the civil magistrate. " When the Scripture saith that the rule of

magistracy this

is

over men,

of that office

we

are to understand

proper sphere, bounds, and

term the ;

which

is

by

limits

not to intrude itself into

the office and proper concerns of Christ's inward government and rule, in the conscience, but is to itself with the outward man, and to inter meddle with the concerns thereof in reference to

content

the converse which

* Retired

man ought

to

have with man,

Man's Meditations,

p.

213.

SIR

HENRY VANE.

upon the grounds of natural things appertaining

211

justice arid right, in

to this life."

*

"

Magistracy, then, is the rule, which Goti hath ordained to be exercised over the outward man,

by man himself qualified thereunto, to act in righteousness and the fear of the Lord, in discharge of this his high trust; and so is an office merely respecting rule and government of men in their outward concerns, which is capable of being rightly used or not, according as the persons intrusted

therewith are qualified and do exercise the same, the office itself being good, and the end for which

up being according to God's ordinance." f thus expresses, in connexion with the foregoing definition of the office of magistrates, the it is

set

He

duty of endeavoring to make constant improvement in the forms and institutions of civil govern-

ment. " As the principles of natural justice and right, in their highest improvement, are to be their rule

;

so the fear of the

Lord should

oblige

them

an humble

dependency upon him, and trembling posture of mind before him, to be watchful, in not suffering any thing to be done by them, in

may carry in it hinderance or opposition to the breaking in of higher discoveries upon them, as to the very exercise of the magistratical office, that

*

Ibid. p. 389.

f Ibid. p.

390

AMERICAN BIOGRAPHY.

212 in the

purity and perfection wherein it brought forth in the last days

is

promby Christ himself; unto which they should always have willing and ready minds, to make way and to subised to be

mit." *

The

following passage presents his view of the

which such a magistracy, as he held to be way consistent with, and necessary to the full enjoyin

ment

of, civil

and

religious liberty,

might be con-

structed and established

"

For,

if

by the English people. once the Lord be pleased so far to

enlighten the minds of men in these nations, governors and people, as to show them the good of magistracy, as it is in its primitive institution,

and

is

the

last

held forth in

days

;

it

delight to inquire

debate

promise to be restored in then be their desire and

will

and consider,

in

a

way

of free

and common consent, on behalf of the

good people of these nations, how the rule over

them may be brought nearest tion

and

original

pattern,

in

to its first institu-

the

exercise

and

practice thereof amongst them, (founded upon the principles of natural right and justice, and so

exclusive to all private interest and personal concern of any singulars that shall be found to stand in competition with, or preference to, the good of the whole,) and

how

* Retired

that,

which

is

Man's Meditations,

the ordinance

p.

390,

SIR and

institution

HENRI

of God,

and natural way of

reuniting of

union resist

all

of their all

may

common

In

become the

common danger and men may be raised

order

to

in

a

consent, to the

good men as one man, in a happy and counsels, to spirits, prayers,

devils or

by

also

and statute of man, established

ordinance free

213

VA.NE.

illustrate

Sir

which * them." against opposition,

Henry's mode of

treating the abstract and speculative subjects of religion, I will extract a few passages from his The reader will discussion of the fall of man.

perceive in them, together with a remarkable clearness of discrimination and richness of expression, a subtilty and acuteness of reasoning, which might

enough be mistaken for obscurity. " In the tree of knowledge of good and eviL man had the sight of himself, in the exercise of naturally

his

natural

life

and the operations pertaining to

he became a living soul ; in the well or use whereof he might arrive unto the experi-

him, as evil

ence of the supreme good, held forth to him as the end of his creation, the endless life that was to follow

;

or else he might come,

by the

forfeiture

of the present good he enjoyed, to know the evil of a much worse condition than at first he had ; for

the avoiding of which, and to continue in a meet to receive the other, God required

posture

*Ibid. p. 395

AMERICAN BIOGRAPHY.

2.14

him,

in

the state of innocency, to abide in a wait-

ing frame of spirit, as a sojourner

and stranger

in

the midst of his present enjoyments in the earthly Paradise, that so, through his patient forbearance

from taking up his rest or terminating his delight seen things, he might preserve in himself an

in

unengaged, unprejudiced behind of the counsel of to him, as to a

to

spirit

God

to

what was yet

be communicated

more excellent attainment and

in-

heritance to be exhibited to him in the light of the approaching day of the Lord, the beamings forth whereof, as considered in type, \vere already

present."

" soul

Now man and

all

(being furnished with a reasonable the excellencies of its operations, with

will to choose the good and refuse the honored also with the sovereignty over the

freedom of evil,

creatures) in this fair posture of preparation to receive more, was nevertheless seduced, ensnared,

and made a prey of by Satan,

sin,

and death, to

that work were) which was already passed upon him, and to the letting in of sin and death, with the deserved

the rendering (as

it

abortive

all

curse and wrath of God, through him, as through

a door, upon all his posterity. " The occasion of this was twofold

;

first,

the

present enjoyment of good from God under the ministry of the first covenant, the fruit of which, to the eye of flesh and blood even at its best, was

HENRY VANE.

SIR

215

and appeared so beautiful and dethat man was easily persuaded that it was

so glorious sirable,

the best

and highest attainment he needed

to look

and thereby, through Satan's subtilty, rendered secure and negligent as to the use of means after

;

God

given by

to carry

him on, pass him through,

and conduct him out of

less life

his

this

as from glory to glory, into

the

corruptible state,

power of an end-

(without the intervening of sin) to

the

and perfect securing of man's nature from all prevailing power of sin's assaults for ever, which

full

was not done by "

The

creation.

second

freedom of

occasion

of man's

fall

was the

wherein the judging and deof his mind were entirely commit-

his will,

siring faculties

by God

to his own free motion and operation, the terms of the covenant he was brought upon which was, to be dealt with into with God

ted

;

according unto his works, to be rewarded with life or with death, as he should rightly order or abuse this liberty of action, with which God had invested him by way of trial and probation. That man had such a power of free will as this, i{

First,

the nature and tenor of the covenant

he was taken

into

conditional

reference

and

God

in

doth

demonstrate to

;

the works

which of

is

man

;

throughout deals with man, under that

covenant, according to his works, strongly thereby asserting them to be man's own ; so as the very

AMERICAN BIOGRAPHY.

216

-eward, which cornes thereby, is accounted to him of debt, even the thing which his own action (as left alone unto himself therein) hath brought

upon him, and entitled him unto. " Secondly, without such a power of man's

first

estate

free will,

could not have been mutable,

never have changed into corruphad been necessary to him to have stood, he could not have fallen ; and if it had been necessary to him to fall, God had thereby made

at least could tion

;

for if

it

himself the author of

" That which

which could not be."

sin,

Adam

was forbidden, was not

simply to forbear the use of his free will, but the evil and unlawful use of it, as (through an unwise

and

discerning

erroneous

judging

between

the

present temporary good which he saw, and the future durable excellency of the things unseen and

but in hope,) there did spring up an inordinate coveting and desire in him after the retaining of the

first,

to

the

despising

and rejecting of the

second." *

These passages sufficiently indicate the nature of the views and speculations in which Sir Henry Vane indulged. They show his acute and dis criminating powers of reasoning, and the refined

conceptions he was inclined to form most abstruse and forbidding docthe respecting

and

spiritual

* Retired

Man's Meditations, pp.

55, 58.

SIR trines

HENRY VANE.

217

Such

and topics of theology.

discussions

degree, passed out of and our many of the speculations vogue day, of the class of writers, to which he belonged, have become obscure and unintelligible to the

have, to

considerable

a

in

generality of readers

them, and are

for

hardly, in

;

at

but those all

who have

familiar with

a taste

them,

will

any other author, find a deeper or a

richer vein.

In June, 1641, a great debate took place in House of Commons concerning Episcopacy,

the

occupying nearly twenty days, and producing an extraordinary degree of excitement through the The enemies of the church adopted an country. t)f proceeding which was well adapted to worry out its friends. They procured the pas-

order

sage of a resolution, that when, at the close of each of its sittings,, the committee of the whole rose

vote

and reported progress to the House, every passed that day in committee should be

finally acted

on by the House previously to

its

This gave an opportunity to deadjournment. bate every motion twice each day, once in committee, and once in the House, and led to such protracted

sessions,

that

the

patience

of

those

members who were comparatively indifferent to the question was exhausted and, by the time the ;

votes were the House.

taken, they had mostly retired from

The

opposition, in

this

way, gained

AMERICAN BIOGRAPHY.

218

much istic

advantage, which gave rise to a characterremark, by the celebrated Lord Falkland,

" that,

they

who hated

than the devil did not love

;

bishops, hated them worse and that they who loved them,

them

so well as their dinner."

In

famous debate, Sir Henry Vane took a leadIt was the custom, at that time, as it ing part. now is in the Congress and other legislative assem-

this

of the United States, to publish in a separate pamphlet form the most important speeches of That of Sir Henry Vane distinguished members. blies

Episcopal debate was thus published, and presented to the reader entire, just as it was

in the is

originally printed.

memoir, and

It will

be found

at the

end of

be regarded with interest, as a specimen of Sir Henry's manner, and of the

this

will

It exhibits parliamentary oratory at the time. one side of a controversy, which absorbed the

public attention, and, more than precipitated the downfall of the

Charles the First.

all

other causes,

government of

Whatever may be thought of

sentiments or arguments of this speech, no probably be able to discern any of the " of which Burnet speaks, or peculiar darkness " to agree with Hume, that it is absolutely unin-

the

one "

will

telligible."

The Bill

proceedings in reference to the Episcopal civil commotions and

were interrupted by the

warlike preparations

of the

times.

It

is

a

re-

SIR

HENRY VANE.

markable circumstance, that

the

219

same

question,

under almost the same forms, is, at this very day, the topic upon which the public mind in England is

exercised with a predominating interest. The who now complain of the " unhappy

reformers,

condition the civil state

have a vote

in the

is in,

whilst the Bishops

Lords' House," are not utter-

ing novelties, but merely repeating the language with which the halls of Parliament resounded,

and England rang from side hundred years ago.

When

to side,

nearly two

the Assembly of Divines was summoned on the state of the church and the

to deliberate

of religion, Sir Henry by the Parliament one of

interests

inated

and

Vane was nomlay members

its

;

of that grave and learned he himself body distinguished by his theological in the consultations

attainments, as well as in debate.

by

his skill

and influence

AMERICAN BIOGRAPHY

220

CHAPTER X War.

Civil

Solemn League and Covenant.

Treaty with the King. Colonel Pride's Purge.

Vane of t

the

ration

naval

retires

King.

from Parliament. Vane returned to

the

of

War

Government.

with Holland.

Vane

Trotnp.

THE

Execution the

Adminis

Conducts

the

Blake and Van

reports to Parliament a Bill

for Parliamentary Reform. gyric upon

Vane's Speech. Parliament.

Rump

Milton's Pane*

Him.

course of events was rapidly drawing on

that crisis in

discussions

which

all

theological and theoretical

would have

to give place to military

operations, and every other contest be hushed in the louder controversy of arms. The King and

had put their cause to the issue of the of the country were all drawn resources battle, the Parliament

support of the combatants, and the sad of a civil and domestic war were already deeply imprinted on many a bloody field. Although very great success, considering the circumout

in

traces

stances, it

had attended the cause of the Parliament;

was found necessary

inforcements,

in

to procure additional re order to enable them to bear up

HENRY VANE.

SIR

221

power of the King. The plan was devised of gaining the cooperation of accordingly the Scotch, by forming a close alliance with that against the

In June, 1643, commissioners were ap-

nation.

proceed to Edinburgh for this purpose. In mentioning the circumstance that Sir Henry Vane was one of these commissioners, Clarendon " Therefore the others need not be pointed to

observes,

named, since he was all, in any business where others were joined with him."

The

mission

LEAGUE

SOLEMN upon

patriots

comprehended the

also

was adapted

to secure their favor

impossible to ascribe too

the

The

of the war.

United

was- not latter,

States

more

in

and

in

alliance

It

is

to the

determining the of France with

the American

Revolution

than the alliance with Scotland was of the

to see with

speak of

what

this

It

is

very amusing

sensibility the royalist historians

brilliant

and memorable diplomatic

achievement, the glory of which they

Henry Vane

alone.

all

ascribe

" There need no more

" that? ability," says Clarendon, he was chosen to cozen and deceive i whole

be said of his that

aid.

decisive of the independence of the

triumph of the Parliament.

to Sir

upon a end

Irish,

much importance

Solemn League and Covenant issue

agreed

was formed between the

and Scotland, and

of England

which

The

successful.

COVENANT was

AND

a complete union

;

basis

was perfectly

AMERICAN BIOGRAPHY. which excelled in craft and cunning, which he did with notable pregnancy and dexterity." Hume also gives the credit of the transaction to nation,

Sir

Henry, although he cannot, any more than

refrain from mingling a little abuse " In this with his praise. negotiation," says he, " the man trusted was Vane, who in to chiefly

Clarendon,

eloquence, address, capacity, as well as art and dissimulation, was not surpassed by any one, even during that age so famous for active talents. his persuasion

was framed

at

By

Edinburgh the Solemn

League and Covenant."

On Sir

the return of the commissioners to London,

Henry Vane made

a

full

report of their pro-

ceedings, which were approved and confirmed by the Parliament. His name, being next to that of list, was subscribed to the Cove22d of September. The alliance

Cromwell on the nant on the

was thus solemnly

ratified.

The

strength of

all

the opponents of Charles's government was collected and concentrated, and from that moment the tide of success continued to follow the arms of

the

Parliament

until

the

monarchy was over-

thrown. a prominent member of which were appointed from all the commissions, time to time to treat with the King, and was also Sir

Henry Vane was

employed which, on

as

one of the Parliament's committee,

special

seasons of emergency, accom

SIR their

panied cised, in

army

HENRY VANE.

movements, and exerwhole authority of Parlia-

in its

stead, the

its

223

He

was thus continually engaged, in public and in private, on the floor of the House and in committees, in council and in camp, lament.

boring without intermission in the service of the country and of the republican cause. During the negotiations with the King, he

manifested a fixed resolution to do

all

that could

make

be done to

the best of the opportunity the enjoyed, of securing to itself the

country then blessings of liberty. attempts to

make

He,

therefore,

resisted

all

a compromise with the King,

except upon a basis which would render it impossible for the executive branch of the government ever again to encroach upon the rights of the people and he was desirous of proceeding, as a Parliament, to settle the government, and :

organize

anew

all

the

civil

institutions

of

the

country, upon the principles of liberty and justice, without meddling with the person of the King, or

removing him from

any way conBut other counsels

his retreat, or in

cerning themselves about him. prevailed.

As effects

the civil war continued to rage, the moral of such a state of things began to show

only in private life, but in the various institutions and relations of society. Pas-

themselves, not

sion,

violence,

and misrule, became more and

AMERICAN BIOGRAPHY.

224

The military spirit gained the over ascendency every other. Military leaders to the which began belonged to the usurp powers more

prevalent.

departments of the

civil

army,

had won the

that

government

and the

;

now

victories of liberty,

turned their swords against her faithful guardians and violated her sacred form. Cromwell had long before

permitted the

and wicked ambition

false

As

soul.

fatal

to

suggestions of a

steal

in

upon

his

the vision of a crown gradually became

painted before his imagination, he developed more and more clearly the scheme of operations by

which he was to secure

its

And

possession.

he

his purpose with the most immovable perseverance and consummate skill.

pursued

Mutual

jealousies

were

artfully

ly infused into the hearts of

members

of

the

and industrious-

many

Parliament.

of the leading

Divisions

were

A

fomented, and party struggles provoked. of the spirit of hostility towards the members legislature

was

the officers and to

believe

until

that

they took hands.

diffused

through

the

army, and induced

men were persuaded and the its

state

would never prosper,

whole government into

their

own At

length the hour arrived, when the conflicts of the several factions were to be brought to a crisis,

and the principles of Sir Henry Vane put most painful trial. The majority

to the test of a

HENRY VANE.

SIR

Parliament had

,n

a

manifested

close with the terms of the King,

him

to the throne.

republican

minority

that those terms for

required

disposition

to

and again admit

Vane was

the leader of the

who were

firmly of opinion

were not such

the

225

future

as

security

ought

of the

to

be

public

The

and safety.

purpose, however, was formed by the ruling party in the House to accept the terms, and relinquish the controversy liberty

with the King. On the 1st of December, 1648, the commissioners appointed to treat with his the House, and their report the occasion of a long and angry debate.

Majesty appeared

became

in

The motion was made that the King's terms ought to be considered satisfactory and sufficient.

And to

Henry Vane

Sir

led the

way

in

opposition

it.

Clarendon gives the substance of

which I the

will

reader

his speech,

in part repeat, after again

that

it

is

from his

reminding enemies that in

all instances, as in the present, we derive It is a misfortune, the materials of his history. not only to the fame of the individuals concerned,

almost

but, in

a vastly greater degree, to the cause of

truth, that we have to rely, for all that we can learn of many of the purest and noblest men that ever lived, upon the assertions and liberty

and

records of their bitterest foes.

VOL.

r

v.

15

"

AMERICA!) BIOGRAPHY.

226 "

Young Sir Harry Vane," says Clarendon, " had begun the debate with the highest insolence and provocation telling them, that they should ;

day know and discover, who were their or, that he friends, and who were their foes

that

;

might speak more plainly, who were the King's party in the House, and who were for the people. That they had been diverted from their old settled resolution

and declaration, that they would make after which the to the King

no more addresses

;

kingdom had been governed

in great

peace, and

sweet of that republican form of government which they intended and begun to establish, when the Houses had, by clamor and

begun

to taste the

noise,

been induced

their former votes

and compelled to reverse and resolution, and enter into a

personal treaty with the King ; with whom they had not been able to prevail, notwithstanding the

low condition he was curity

but be had

;

self, .or

at

the

were

least

to his

_

tyrannical a

to give them any sereserved a power in him-

in,

posterity, to

as

exercise as

he had done

government which had so

insurrections,

now

still

;

that

all

terrified

them, there was

subdued, so that but their own consent and resoncumig wanting, lution, to make themselves the happiest nation and people in the world ; and to that purpose he totally

desired, that they might, without any more loss of time, return to their former resolution of mak-

SIR

HENRY VANE.

227

ing no more addresses to the King, but proceed to the settling the government without him."

These sentiments were

in

direct conflict with

the previously determined course of the majority Signs of disapprobation were heard during their The House refused to adjourn until the delivery.

motion had been put, and,

at five o'clock in the

morning, the previous question was carried by a vote of 140 to 104. The main question was then taken, and

and 83

it

was resolved, 129

in the affirmative,

the negative, that the King's terms This vote was equivalent ought to be accepted. to a restoration of Charles to the government, in

and Sir Henry Vane considered notwithstanding his tion,

it

in this light

;

own

strong personal opposito the will of the majority, and

he bowed

regarded the war between the King and his Parliament as legally brought to a close. Not so with Cromwell. His ambitious schemes

and projects were too deeply involved to allow him to submit to the decision of Parliament.

Apprehending from

such

a

result,

he

had hastened

London, and on the morning of army the 6th of December, the day after the vote of Pan iamentj a regiment of horse was stationed in his

fron: of the

to

two Houses, and a regiment of

foot

was arranged along the passage leading to the lower House, and at their head, near the door, Colonel Pride was stationed with a list in his

AMERICAN BIOGRAPHY. names of those members Forty-one were

the

hand,

containing

whom

he was directed to arrest

thus seized.

This

extraordinary operation is commonly the name of ' Colonel Pride's

known under

purge," and the Parliament which remained, was called scoffingly, alists

by the Presbyterians and Roy-

who had been

name which,

" ejected,

The Rump,"

a

spite of the scorn in which it was originally applied, soon became invested with the most brilliant glory.

But

Sir

in

Henry Vane could

not countenance or

tolerate the transaction, although

it

removed

his

opponents from the House, and secured to his views and principles undisputed sway. He alone, of all the republicans, refused to partake in a

triumph thus obtained.

He

could not look with

composure upon the exercise of military force in violating the forms of a representative legislature.

He too

understood the principles of republican liberty well to be contented with such a course of

procedure.

He

retired,

from that hour, disgusted

and shocked, to private life. And for the vio lence and bloodshed, which afterwards occurred,

he

is not, in any degres, responsible. In the impeachment, ttiaJ, and execution of King Charles, S.'r Jfi^Dfy Vane took no part,

It except to tj&press bis disapprobation of them. was fortunate lor him that he had retired from

SIR

HENRY VANE.

229

As

Parliament before these events occurred.

his

heart loathed the idea of bloodshed, he could not

well have participated in bringing the King to the block ; and, as he unquestionably believed him guilty of

what was charged upon him, and had

long before become convinced that monarchy was a curse to any country, he could not well have appeared in his defence.

As, in the providence of God, the blood of a misguided monarch was permitted to ba shed by his irritated and injured subjects, we have cause the friends of humanity and free-

to congratulate

dom,

that the pure hands of liberty's purest

pion were not dipped

in

cham-

it.

Whether absolute

formed

the purpose of possessing himself of power had not then been distinctly

by Cromwell, or whether he

circumstances it is

were

not

ripe

evident that he did not

tion of

for

its

felt

that

execution,

make any demonstra-

such a design at the time of the King's

death.

The

bold and extraordinary proceeding of dethroning, impeaching, and beheading a monarch,

by his own subjects, under the forrr^ of low, an event which .was regarded with universal astonishment, appalled every heart, and shook every throne ia

Europe, seems

nizing influence self,

have operated with a solemupon the mind of Cromwell him-

driving from

to

his

bosom

his

unworthy and

AMERICAN BIOGRAPHY.

230

designs, and compelling him to feel, thai, order to justify to the nation, to the world, and to posterity, the extreme act of laying violent hands upon the sacred person and life of a lawselfish

in

sovereign, it was necessary to administer the government, thus established in blood, upon the ful

He accordpurest and most righteous principles. into endeavored to call the government the ingly best and ablest

Charles

On

1649. of

the

was

state

men

the country afforded. on the 30th of January, 17th of February a Council

suffered

installed,

whose

into

hands

the

executive government of the nation was commit-

Henry Vane was appointed a member Cromwell used great pains to induce him to accept the appointment, and, after

ted.

Sir

of the Council.

many

he so

consultations,

Vane of

isfying

reference to the

prevailed in satof his principles in

far

the purity

* It

is

as to

Commonwealth,

his reluctance again to enter the

overcome

public service.*

a circumstance of considerable interest, as

indicating the importance attached to his services at this time, and also as illustrative of his own principles, that, in order to induce

him

to take

a seat at the council-

board, the form of oath, prepared for

As

its

members, was

drawn

up, it contained a clause in reference to the trial of the proceedings approving and condemnation of Charles. Sir Henry refused to altered.

originally

take the oath with tha stricken out.

4

clause,

and

it

was accordingly

SIR

He

took his seat

HENRY VANE. in

the Council

231

nine days alter

instalment, and immediately entered, with his accustomed energy and ability, upon the duties its

of the

He

office.

continued to be

in

the Council

The powers exercised by body were very great. They were intrusted the entire command of the military force of

from 1649 to 1653. that

with

England and Ireland, and were authorized to raise and control a navy, and to conduct the whole administration of the country in reference both to offensive

and

Henry Vane

its

Sir operations in war. wao for some time President of the

defensive

Council, and, as Treasurer and Commissioner for the Navy, he had almost the exclusive direction

of that branch of the public service.

The

foreign

were wholly under his management. He and conducted the war with the United planned Provinces, in which Blake gathered his laurels,

relations

and won

country the proud title of mistress and he imparted his own patriotic

for his

of the seas

;

and generous spirit to his countrymen by exhibit ing an example of disinterested devotion to the In order to lighten the burden of public cause. the war, and to encourage the people to carry it on with vigor, he voluntarily relinquished, as has

been before observed, the profits of the immensely lucrative office he held, and appropriated them to the

common

treasury.

AMERICAN BIOGRAPHY.

232 was

in this period that the genius of Eng" both in the cabinet and on the waves, shone forth with its most resplendent lustre. The It

5

land.

fire

'

of liberty seemed, for a time, to burn bright in every heart, and its spirit to nerve

and clear

The trident was shaken from the every arm. hand of Holland. The world resounded with the Commonwealth, and every place empire became subject to its power.

fame of

the

the

in

Scilly, ginia,

Jersey, Guernsey, the Isle of man, Virand Barbadoes, one after another, all sub-

mitted.

But

was not without

it

Dutch surrendered the ocean. For more than that the

test

a

desperate their

struggle

supremacy on

three years the con-

continued, and a series of naval engagements

took place, which for the courage and resolution manifested on both sides, have never been surpassed.

As

English

increased

seemed

to

the war advanced, their

naval

the

Dutch and and

armaments,

gather strength from exhaustion.

In

1652, Van Tromp, after immense preparations, in which the power of Holland was

November,

strained to the utmost, took the sea with a fleet

of more than seventy ships, and

Biake

in

protracted

the

Downs,

action

a

took

falling

in

with

most sanguinary and long place.

They

fought

as

though they felt that the fate of both nations was Blake's fleet was much suspended on the issue.

SIR less,

HENRY VANE.

233

numsrous than that of Van Tvomp.

After

maintaining the conflict from noco urrtil night, the English admiral retired, with considerable loss,

up the

and the victorious

river,

Ho

-nrxJer

rode

master of the ocean, and paraded ).L'S tte**i up and down the English channel with a broom fixed to his his

mast-head, thus vaunting that he had swept enemy from the sea.

The

effect

of this defeat was

felt

throughout

The national deep and a was wounded, general gloom and depride

England, as

misfortune.

a

spondency pervaded

the

It

people.

course, particularly disastrous to Sir

was,

of

Henry Vane,

he had promoted and conducted the war, which seemed to have been brought to so inglorious a as

close.

was

was supposed that the power of Britain permanently broken down, and the period It

was commonly spoken

of,

at

the time,

" as the

present day of England's adversity by her wars with Holland."

But Vane was

not disheartened.

His energy

The batlose with the difficulties of his position. He tle was fought on the 29th of November. reported

the

estimates of the to the

House.

navy immediately December it was resolved,

that

expenses of the

On

the 4th of

one hundred and

twenty thousand pounds per month should be appropriated to the support of the armaments by land and sea, of which forty thousand were for the

234

AMERICAN BIOGRAPHY.

,

navy.

The

next point was, to

meet such an appropriation Vane was no* for a moment

to

On

the means.

the 6th of

introduced and read a sell

;

raise

the revenue

and the genius of a loss to devise

at

December

a bill

was

and second time, to

first

Windsor Park, Hampton Court, HYiU* Park, Park at Greenwich, Enfield Castle,

the Royal

and Somerset House, the proceeds of the whole be for the use of the navy and, by the beginof Blake sea with eighty to ning February, put to

;

ships of war, and soon fell in with Tromp, at the head of a squadron of equal size, convoying two

hundred merchantmen.

A

battle

commenced on

of February, off the Isle of Portland, for the weight of the armaments engaged, which, the determined bravery of the combatants, the

the

18th

length of time during which it lasted, and the brilliancy of its results, far transcended every previous naval action on record, and, all things considered,

may since.

days. ed.

safely

be said not to have been

their ships of war,

men.

surpassed

The battle raged incessantly for iliree The power of England at length prevailThe Dutch lost seventeen or eighteen of From

that

and seventy of their merchant-

moment

supremacy of England,

to the present day, th

as

never been, to any decisive shaken.

a

naval extent,

power, has reduced or

SIR

HENRY VANE.

But the genius of

Sir

235

Henry Vane was

not

confined to the conduct of foreign wars, and wonderful as was its exercise in that department. At this period of his life his labors were so brilliant

various, so complicated,

and so constant, that they

From an were regarded as almost incredible. early hour in the morning until late at night, he was every moment engaged in the actual transaction

of business.

In

May, 1649, he had been

placed at the head of a committee of which Ireton and Algernon Sydney were members, to consider the state of the Representation ; death of the King, and when the

and, after the

Commonwealth

had become established, he reported a bill for REFORM in Parliament, which continued for a long rime to engage the attention of the

House when-

ever they had the necessary leisure to deliberate upon so important a measure. Every Wednes-

day was set apart for the discussion of its details, and there was good reason to indulge the hope that the

bill

reform was

would this.

The plan of finally pass. The House was to consist

the

of

hundred members, the small boroughs were be disfranchised, the elective privilege was to

four to

be

secured

equally to persons of all religious the rights of the people were

persuasions, and

carefully guarded against corruption and sion

oppre?

AMERICAN BIOGRAPHY. It

was while Sir Henry Vane was thus con-

ducting operations, which were covering the name of England with glory, and securing to her the position of the

power

in

first

commercial nation and naval

the world, and at the

same time con-

triving and constructing a just, and equal, and free government for her people, that his career

of usefulness and honor arrested the attention of the great POET OF LIBERTY. John Milton addressed to him the following just tribute of praise. u

Vane, young

in years, but in

sage counsel

old,

Than whom a better senator ne'er held The helm of Rome, when gowns, not arms, repelled The fierce Epirot, and the African bold, Whether to settle peace, or to unfold The drift of hollow states hard to be spelled Then to advise how war may best upheld Move by her two main nerves, iron and gold, In all her equipage besides to know ;

;

Both

What

spiritual

power and

civil,

what each means,

serves each, thou hast learnt, which few have

done

;

The bounds

of either sword to thee

we owe

Therefore on thy firm hand Religion leans In peace, and reckons thee her eldest son."

j

SIB

HENRY VANE

237

CHAPTER XL Cromwell's treasonable Ambition.

Disperses tht

Parliament by military Force. Character of the Long Parliament. Vane returns to pri" Retired Man's Meditations." vate Life. Cromwell's religious Professions.

IN the mean time Cromwell was maturing his There plans, and preparing for their execution. is

much

reason to believe, as

intimated, that he

has already been

had long allowed himself

to in-

dulge the ambition of becoming supreme in the As far back as the battle of Worgovernment. Peters had expressed such a suspicion, suggested by Cromwell's conversation and deportment while travelling with him on the road cester,

Hugh

had heightened his brilfame, and thrown unbounded power into his The traitorous and wicked thought was hands. * permitted to visit his mind until it became a fam-

shortly after that victory liant

iliar

guest,

and then every sentiment of

ism,

and

at its

approach.

He

every compunction

well

that noble *

knew

that while the

patriot-

of conscience flod

Long

Parliament,

company, who had fought the

HARRIS'S Life of Cromwell,

p.

318.

great

AMERICAN BIOGRAPHY.

238

of liberty from the beginning, remained in and such men as Vane were enabled to

battle

session,

in

mingle

useless for

And he

its

him

deliberations,

it

would be

utterly

to think of executing his purpose.

could not but perceive, that every hour of

delay was dangerous, and might prove fatal to his He knew that if the Reform Bill should plan. be suffered to pass, and a House of Commons be convened, freely elected on popular principles,

and constituting a full and fair and equal representation, it would be impossible ever after to overthrow the liberties of the people, or break

down the government of the country. In such an event, too, the glory he had won at the head of his victorious army, and which had already "been nearly paralleled by the splendid success of Vane in conducting the war upon the ocean,

would be in danger of being eclipsed, at least in the minds of the more intelligent part of the nation, by the equally difficult and important services

which

the

Commonwealth

the

Parliament in

was rendering

the construction of a

to

new

form of government, which promised to combine the blessings of liberty and law, and to become Inuniversally popular throughout the country. fluenced by such considerations as these, Cromcourse, and

well resolved

upon

to

every hazard, the

defeat, at

bill.

When

all

his

determined

passage

of the

other means failed, and he found

SIR

HENRY VANE.

239

he could not stop the deliberations of the

that

House, or throw out the bill, no alternative remained but by the use of military force and actual violence to dissolve and disperse the Parliament

And he

itself.

formed the desperate purpose.

But, great as was the energy and firmness of his character, it was with difficulty that he could brace himself up to the perpetration of the crimOliver Cromwell was inal and audacious design. well acquainted with the

government. opinions, an can

He

principles of liberty

and

was, at least in his speculative

and

intelligent

thorough

Republi-

and, in yielding to the tempting suggestions of a profligate ambition, he sinned against ;

the light that was in him, and permitted himself

be

to

drawn

into

what he knew and saw to be

He delayed the the vortex of guilt and infamy. moment when the fatal blow was to be struck from day to day, then, putting

a

until

the last hour arrived

forcible

restraint

upon

his

;

and con-

science, and foot,

trampling reason and honor under he rushed like a mad, blind man to the com-

mission of the deed.

The

bill

originally

by

presented

Vane had been amended and

Sir

altered,

Henry commit-

ted and recommitted, times without

ing the years

At it

length

it

number, durhad been pending in Parliament. was brought into a form, in which it

was prepared

for the final action

of the House

AMERICAN BIOGRAPHY.

240

Unfortunately no copy has been preserved of bill in its matured shape. Ludlow informs us

the

that

it

provided for an equal representation of the

people, disfranchised several boroughs which had ceased to have a population in proportioi to the representation, fixed the number of the House at four hundred, and, with the exception of a few of

the largest cities which were to be allowed to send special representatives, the members were to be

chosen

in counties, apportioned as nearly as posaccording to the sums charged upon them for the service of the state ; and every man, with

sible

two hundred pounds in lands, was to be an elector. If this although

it

was not

all

that the

leases, or bill

goods,

had passed,

more enlightened

republicans wished, it would unquestionably have confirmed the government, rescued the country

from tyranny and

misrule, and secured

to

Eng-

land and to the rest of the world the blessings of republican institutions, two centuries earlier than

can now be expected. On the 20th of April, 1653, the House having concluded all the preliminary measures re specting the

bill,

nothing remained but to give

lion

it its

A

mo and engross and enact it. was made, that these forms be forthwith ob-

third reading,

served and the

bill

become

a law

;

in

the event of

which motion passing, the Long Parliament would, according to the provision of the bill, be dissolved

HENRY VANE.

SIR

and a new one be summoned.

was

who

Harrison,

Cromwell's confidence on

in

241

this

occasion,

rose to debate the motion, merely in order to gain

Word was carried to Cromwell, that the House were on the point of putting the final mo-

time.

tion

and Colonel Ingoldsby hastened him, that, if he intended

;

hal. to tell

to

Whitc-

to

do any

thing decisive, he had no time to lose.

Cromwell

at

and evidently against the

last,

most powerful struggles of

his

himself for the

and

He

House.

occasion,

was drest

in

conscience, roused

the

to

repaired

a suit of plain black,

He took his seat, with grey worsted stockings. and appeared to be listening to the debate. As the Speaker was about to rise to put the question, Cromwell whispered to Harrison, " Now is the

time

;

I

must do

As he

it."

counte-

rose, his

nance became flushed and blackened by the terWith rific passions, which the crisis awakened. the

most reckless

violence of

manner and

lan-

guage, he abused and aspered the character of the House ; and, after the first burst of his denunciations

had passed, suddenly changing

he exclaimed, "

You

parliamentary language

;

I

know

expect such from me." out into the middle of the

to

and

fro, like a

man

beside

TV.

16

is

not

He

nor are you ; then advanced

hall,

and walked to

it

himself.

moments he stamped upon the VOL.

his tone,

think, perhaps, that this

In

floor, the

a

few doors

AMERICAN BIOGRAPHY. flew open, and a file of musketeers entered 'As they advanced, Cromwell exclaimed, looking over the House, " You are no Parliament ; 1 are

say you

no Parliament

:

begone, and give

place to honester men."

His whole manner was

who had which

To

his

stifle

seemed

surrendered

like

that of a

himself up

to

a

person design,

mind and heart equally condemned. the voice of reason and conscience, he

to resort

most extravagant ges

to the

He sought refuge, from the compunctions of his better nature, in the transports of blind fury. Raising his voice to a loud pitch, he poured forth invectives and and

tures, exclamations,

reproaches

against the

them by name, as

actions.

in

leading members, calling language so gross and indecent

would have shocked the most vulgar and de-

praved

ears.

He

the chair; and,

ordered

when

his

the Speaker to leave eye fell upon the mace,

he shouted out, " What have we fool's bawble ? Take it away."

to

do with that

While this extraordinary scene was transacting, the members, hardly believing their own ears and eyes, sat in mute amazement, horror, and pity of the maniac traitor before strate,

them.

and

call

At

who was storming and raving length Vane rose to remon-

him

instead of listening

to his senses to

;

but Cromwell,

him, drowned

repeating with great vehemence, and

his

as

voice,

though

SIR

HENRY VANE.

243

drunk with the desperate excitement of the mo" Sir Sir Harry Vane Harry Vane Good Lord deliver me from Sir Harry Vane " ment,

!

!

!

He

then

seized

the

records,

snatched

the

bill

hands of the clerk, drove the mem bers out at the point of the bayonet, locked the from

the

doors, put the key in his pocket, and returned to On reaching his palace, he related Whitehall.

"

When the exploit, and in conclusion observed, I went to the House, I did not think to have done But, perceiving the

this.

upon me, blood

spirit

of

God

would no longer consult

I

so strong flesh

and

"

!

Thus was

the

melancholy lesson

again repeated to a world

determined never to

that, alas

profit

by

it.

!

of

history

seems to be

In one short

hour, a great hero and patriot blasted his own glorious fame for ever, the cause of liberty was

openly trodden under potism established

by

and the reign of desa bold military usurper, in

foot,

a country which had been struggling for years in the conflict for liberty, and whose soil was still

wet with the blood of a lawful and constitutional

whom the people had sacrificed for die of securing themselves against an arbipurpose monarch,

trary

and absolute government.

In relating the dispersion of the famous Parliament,

it

moment and

Long

impossible not to pause for a contemplate the character of tbn is

AMERICAN BIOGRAPHY.

244

renowned body, and foes.

has been painted both by it Justice has not been done them,

as

friends

and ter

until the

known,

history of their proceedings

that of

England

itself

is

bet-

cannot be writ-

ten or appreciated. Ludlow, who knew its members well, speaks of this Parliament in the fol-

lowing terms, which are not stronger than truth requires.

Thus Cromwell

" to be rid of

contrived

this

Parliament, that had performed such great things, having subdued their enemies in England, Scotland, and Ireland, established the liberty

of the

people, reduced the kingdom of Portugal to such terms as they thought fit to grant, maintain-

ed a war against the Dutch with that conduct

and success that

py

conclusion,

it

seemed now drawing

recovered

to a hapour reputation at sea,

secured our trade, and provided a powerful fleet for the service of the nation. And, however the malice

of

their

enemies

may endeavor

prive them of the glory which they

to

de-

justly merit-

ed, yet it will appear to unprejudiced posterity that they were a disinterested and impartial Par-

who, though they had the sovereign of three nations iri .their hands for the power of ten or twelve years, did not in all (hat space time give away among themselves so much as liament,

their forces spent in three

,

months."

HENRY VANE.

SIR

24

" When Van Algernon Sydney says, Tromp set upon Blake in Folkestone Bay, the Parlia-

ment had not above

thirteen ships

against three

score, and not a man that had ever seen any other fight at sea, than between a merchant ship

and a world.

to

pirate,

oppose the best captain

in

the

But such was the power of wisdom and

integrity, in those that sat at the in

diligence,

choosing

men

helm, and their

only for their merit,

was attended with such success, that in two years our fleets grew to be as famous as our land armies, and the reputation and power of our nation rose to a greater height than when we possessed

the better half of France, and had the Kings of France and Scotland for our prisoners."

But even their opponents could not refrain from acknowledging the merits of this illustrious Roger Coke, whom Godwin describes and scornful enemy " of the Parlia" To ment, thus speaks of them say the truth,

legislature.

as

" a

bitter

;

they were a race of for

it,

indefatigable and

business, always seeking for men and never preferring any for favor, nor

industrious fit

men most

in

by importunity. You scarce ever heard of any no murmur or complaint of revolting from them ;

seamen or

soldiers. in

pressed any celled in the

all

Nor do

I find that

their wars.

And

they ever

as they ex-

management of civil affairs, so it must be owned that they exercised in matters eo-

AMERICAN BIOGRAPHY.

246 clesiastic

no such

severities, as

either the

ward

Nor were they

them.

dissented from

Cove

upon such

nanters, or others before them, did

less

as

for-

reforming the abuses of the Common law." had thus established his au-

in

When Cromwell thority

on the ruins of the Commonwealth, Sir

Henry Vane and, in the

retired to his estate at

bosom of

his family

Raby

Castle,

and the pursuits

of learning, philosophy, and religion, waited with patience for the day to come when he could again be of service to the " good cause," as he termed it,

of the people's rights and

liberties.

was during this period of retirement that he wrote and published his principal theological work, It

being a quarto vol Ame of about four hundred and thirty pages, from which extracts have already The was its title. " The been made. following

Retired Man's Meditations, or the Mystery and Power of Godliness shining forth in the Living VVord, to the in all

Unmasking the Mystery

of Iniquity

And The Riches and

\vith-

II.

The

their proper

Dis-

the most refined and purest Forms.

presenting to

ness of Christ's

View, Person as Mediator. I.

Natural and Spiritual tinction. in the

III.

Man,

in

The Reign and Kingdom

Ful-

of Christ,

Nature, Limits, and Extent thereof, as well over his Enemies. In which Old

in his Saints, as

Light

is

restored,

the Witness which

Vane, Knight."

and is

New

Light

given to this

justified,

being

Age by Henry

SIR

HENRY VANE.

published at this time a political work, Letter from a true and quarto, entitled lawful Member of Parliament to one of the Lords fit? ttfec

"A

ru

of his Highness's Council."

At length he was

again brought before the under circumstances of considerable inpublic, I to will which terest, explain. proceed Cromwell had risen to power on the strength

party in the nation, which

of that

who were

the

consisted of

sincerely and deeply en-

persons He first brought in the subject of religion. himself into notice, by the superior valor and

gaged

prowess of his own regiment, which he had on the principle, that no one should enter

raised its

ranks

who was not men

well knew, that

ligious zeal could,

upon

in

a praying Christian. He actuated by a sincere re-

more than

the hour of

trial,

and

all

others, be relied

at the

post of dan-

His troop was accordingly distinguished for ger. every quality that was desirable in a military association. They were hardy, because they were temperate and virtuous fully advance to every

"the

imminent

;

deadly

and they would cheerscene of peril, even to breach,"

because

their

were sustained by that lofty spirit of holy enthusiasm, which, more than any other spirit, " casteth out fear." hearts

Knowing

the importance of preserving the con men, the Protector was studiously

fidence of such

AMERICAN BIOGRAPHY.

248

to manifest

careful

an

apparently deep

sorbing interest in religion

he acted

extraordinary

Whenever

success.

his invariable refuge

the people.

in

unfailing

wonderful

his

administration,

the religious zeal of

practice had made him perwith their sentiments and feel-

and with the ideas and

which

with

subjects,

familiar;

skill,

and

Long

fectly acquainted

ligious

And

looked inauspicious

affairs

was

and ab-

exercises.

ability,

and troubles gathered around

ings,

its

part with inimitable

his

adroitness,

and

and he could,

in

associations,

their

on

re-

minds were

a moment, and with

the most exact precision, touch the spring, which would instantly revive their sympathy, and renew their zeal in his

In lished,

government. pursuance of this policy,

on the

14th

laration, calling

Cromwell pub-

of March,

1656, a decupon people to observe a the purpose of " applying themthe

general fast for to the Lord to discover the Achan,

selves

had so long obstructed

the settlement

who

of these

distracted

It is remarkable, that, kingdoms." whenever Cromwell contemplated any measure that was of an arbitrary and critical character,

in

order

secure

to

the

the eyes support of the blind

religious

party,

he

he so well knew how, the garb sanctity, humility, and self-abasement*

would assume, of great

of the people, and

Accordingly,

as

on

this

occasion,

as

he

was

just

SIR

HENRY VANE.

249

plan of making himthe crown upon his desettling scendants for ever, he expressed the idea in his

preparing to develope

self a king,

his

and

proclamation that he and others associated with in the government desired to humble them-

him

God

selves before estly

longed

their errors

for

and

for their

light faults,

sins, that

they earn-

that

they might discern and that it became them,

of lowliness and minds open to conto receive counsel and direction, in whatviction,

with a

spirit

ever methods Providence might adopt to instruct and guide them.

AMERICAN BIOGRAPHY.

250

CHAPTER

XII.

Vhe " Healing Question." a

Written

defined and described. " Healing Question."

MUCH well, Sir

to the surprise

his

A

Constitution

Extracts

from

the

Remarks.

and indignation of Cromat his word, and

Henry Vane took him

composed a state

First Proposal oj

Constitution.

the

tract,

object of which was, to

view of the course, which ought to be

adopted in order to settle the government upon such a basis, as would secure the interests of the people, and perpetuate their liberty. titled

"

solved,

It

was en-

A

Healing Question propounded and reupon Occasion of the late public and sea-

sonable Call to Humiliation in order to

Love and a De-

Union amongst the honest Party, and with sire

to

come

apply

Balm

incurable.

to

the

Wound,

before

it

be-

By Henry

This production

is

Vane, Knight." one of the most remarkable

It contains the papers, ever written. civil and of religious liberty, in a great principles and complete exposition, lays down the rules to

political

be observed

in

constructing a

civil

government. developes and illustrates, perhaps it may with safety be said, for the first time, the idea of a It

HENRY VANE.

SIR

written constitution or

251

body of fundamental laws,

by which the government

itself is to

be controlled,

This plan of a constirestrained, and limited.* to be tution, agreed upon in the beginning, by

which the people impose ercise of their

own

restrictions

sovereignty, and

own

daries, within which their

power

shall

culiarity

upon the exfix

the boun-

legislative

and

civil

be confined, constitutes the great pegovernments, federal and state,

of the

within the American union. tive principle of

It

is

our institutions.

the preserva-

It gives to their

action the highest practicable and desirable

degree of stability and consistency, and is the sure protection of minorities or individuals against oppression

and

injustice

government

on the part of majorities, or of

as such.

It distinguishes

a Republic

from a Democracy. The former is a limited, the latter an absolute government. A Republic is a free country.

A

Democracy

i Republic, the sovereignty reside in the cise *

by a

people, but

constitution,

is

is is

a

In

despotism.

acknowledged

restrained in

its

to

exer-

which marks the boundaries

The paper signed by

the

Pilgrims, in the

May-

on the llth of November, 1620, previous to their landing at Plymouth, is one of the most interesting documents in the history of civilization. But, as it is merely an agreement to form a political society, and does not flower,

contain any restrictions upon the future government of that society, it cannot be considered as a constitution, in the sense in which that

word

is

used in the

text.

AMERICAN BIOGRAPHY.

252

rf the authority of the people as a government that is, as a sovereign, and secures against that authority,

beyond those boundaries, the

rights

and

freedom of individuals.

In a democracy, the sovis also ereignty acknowledged to be in the peobut no are imposed upon its exlimitations ple ; ercise,

and the individual, or the minority, has no

security or refuge from the

power of the

and, of course, the government

is

majority, absolute and

despotic.

The governments ion were, in

of the North American the

truth,

first

the world ever witnessed.

archy

A

is

limited, but

Un-

limited governments

In England, the mon~

the government

is

absolute.

passed by the Lords and Commons, and an act of Parliament, is signed by the King, the law of the land, and, whatever may be its enbill

actments,

will

be

sustained

in

the

must be obeyed by the people. But where written constitutions are placed

courts, in

and

America,

at the foun-

dation of the social organization, a portion of what is called the sovereignty of the people is fettered it were, and rendered inoperative ; so reference to this portion, no power exists in the country to bind by law the action of the in-

down,

as

that, in

dividual.

For

instance,

by tne Constitution of the United

States, the general government of the Union, and *\Q governments of all the several States, are ds

SIR

HENRY VANE.

253

clared incapable and are forbidden to "grant any

of nobility," to " pass any bill of attainder, ex post facto law, or law impairing the obligation

title

The people have solemnly agreed and determined, and have recorded the agreement and determination, that no legislative proceedings of contracts."

ever be had, and no laws ever be passed, in the country, of the kind here specified. In the beginning men may be considered as hav-

shall

ing entered into social relations voluntarily, and with a deliberate and express agreement in refer-

ence to the extent to which, as individuals, they As we have should be subject to the civil power. no records of any such compacts, it is impossible to determine how much authority was thus lodged in

the hands of the state.

Hence have

arisen

perpetual and interminable controversies respecting the extent of the civil power, that is, of the authority of the community over individuals. By written constitutions

more or

these controversies

may

be

In framing and adopting the them, people expressly ordain and determine the boundaries of the civil power, and mark out less

avoided.

the sphere within which

its

action shall be con-

fined. this, the people of a country must be not considered, merely as restraining their governbut as ment, putting limitations to their own pow-

In doing

er as a people, as impairing their

own

sovereignty

AMERICAN BIOGRAPHY.

254

With respect

to the points,

upon which they may

have forbidden their government to encroach, they have also deprived themselves of the power of And this is in fact the case in the United acting.

There

States.

no power in the United States

is

to grant titles of nobility,

pass bills of attainder, or ex post facto laws, or laws impairing the obliIf all the people in the Ungation of contracts. ion

should

for

call

such laws,

if

and Congress

all

the legisla-

should pass them, it would be the duty of the courts to declare them null and void ; and, until the frame of tures of the States

itself

should be altered, they would much blank paper. On these points, the people have shorn themselves of their sovereignty, and have made them-

government

itself

be of no more force than so

selves

free

and

secure

from

themselves.

And

the only way, in which the liberty of the individual can be rescued from the power of the this

is

community. bulwark of

It

is

liberty.

the

only sure and other device

No

effectual

has

yel

been discovered, by which the freedom of the citizen can be placed beyond the reach of the civil

power; or by which the government, in a strict It is in this and adequate sense, can be limited. sense, that the

American States

are limited gov-

ernments. Sir

Henry Vane was

security for the

liberties

desirous of providing this

of his countrymen, and

SIR

HENRY VANE.

255

"

Healing Question/' proposed, so far as I can discover, for the first time in the history of the world, the expedient of organizing a govern" certain fundament, as he expressed it, upon mentals not to be dispensed with." in

his

The

extracts

phlet

this

grasped

now

to

be made from

show the reader how

will

The work

great

discovery

in

this

clearly he

political

pamhad

science.

fraught with practical wisdom and and forecast, may well be studied by the modern is

statesman, as illustrating some of the most important, and even some of what are regarded as the latest, improvements in the principles of govern-

As

ment.

" the " Healing Question

is

not only

intrinsically excellent and remarkable, but so rare as to have escaped the notice of most of the his-

torians,

of

himself,

I

from It

its

of Hallam

not refrain from drawing largely

pages.

commences with

as follows

"

Hume, and perhaps even shall

The

a

statement of the question,

;

question propounded

ty doth yet remain

(all

is,

What

possibili-

things considered) of re-

conciling and uniting the dissenting judgments of honest men, within the three nations, who still

pretend to agree in the spirit, justice, and reason of the same good cause, and v/hat is the means to effect this?

AMERICAN BIOGRAPHY.

256

" Answer.

If

it

be taken

for granted, (as

on

the magistrates' part, from the ground of their inviting the people of England and Wales to a sol-

emn day

of fasting and humiliation,

may

not be

despaired of,) that all the dissenting parties agree still in the spirit and reason of the same righteous cause, the resolution seems very clear in the af; arguing, not only for a possibility, but

firmative

a great probability hereof, nay a necessity, daily approaching nearei and nearer to compel it, if

any or

all

to be safe

of the dissenting parties intend or desire from the danger of the common enemy,

who is not out of work, though at present much out of sight and observation. " The grounds of this are briefly these ; first, the cause hath still the same goodness in it as ev er

;

of

and

all

is,

or ought to be, as

people, that

good

much

in

have adhered

the hearts to

it

it is

;

be valued now, than when neither blood nor treasure were thought too dear to carry it out and hold it up from sinking and hath the not less to

;

same omnipotent God, whose great name cerned

in

it,

and welfare vival to

as well as his people's

it,

;

who knows

also

how

is

con

outward safety to give a re-

when secondary instruments and

visi-

means

fail, or prove deceitful. Secondly, the persons concerned and engaged n this cause are still the same as before, with the

ble

"

advantage of being more

tried,

more inured

*o

HENRY VANE.

SIR

257

danger and hardship, and more endeared to one by their various and great experiences, as

another,

well of their

these are the

own

hearts as their fellow brethren's

same

still

in

heart,

and desire

;

after

the same thing, which is, that, being freed out of the hands of their enemies, they may serve the

Lord without

fear in holiness

and righteousness

all

the days of their lives.

" As they have had this great good finally in heir aims (if declarations to men and appeals to

God

any thing), so, as a requisite to attain did with great cheerfulness and unanimthey draw out themselves to the utmost in the ity signify

this,

maintenance of a war, when

all

other means,

first

In the

ineffectual.

essayed, proved management of this war it pleased God, the righteous Judge, (who was appealed to in the controversy,) so to bless the counsel

and forces of the persons conin this cause, as in the end to

cerned and engaged

make them over their

absolute

and complete and by

common enemy

;

conquerors this

means,

they had added unto the natural right, which was in them before, (and so declared by their representatives, in

Parliament assembled,) the right of claim

conquest, for the strengthening of their just to

be governed by national councils, and succesown election and set-

sive representatives of their

This they once thought they had been possession of, when it was ratified, as it were.

ting up. in

VOL.

IV.

17

AMERICAN BIOGRAPHY.

258 in the

blood of the

But of

last king.

late a great

interruption having happened unto thrn in ineir former expectations, and, instead thereof, some-

thing rising up that seems rather accommxibted to the private and selfish interes' of a parnculai part (in comparison), than

common good and gaged

this

in

pacted body

truly adequate ro the concern of the wli^e body en-

cause

is

now

;

hence

falling

it

com-

thai this

is,

asunder into

many

dis-

unthing all the common along as hoped for, by enemy their last if these breaches be not and relief);

senting

parts

not unforeseen, nor

(a

timely healed, and the offences (before they take too deep root) removed, they will certainly work more to the advantage of the common enemy, than any of their own unwearied endeavors, and dangerous contrivances in foreign parts, put all together.

"

A

serious discussion and sober enlarging upon these grounds will quickly give an insight into the state of the question, and naturally tend to a plain

and familiar resolution thereof.

"That, which

is first

to be

ture and goodness of the cause

carried in

it

found so

many

it

within

the

their counsels, their

own

its

opened, ;

the nait

no!

evidence, would scarce havs

of the people of three

is

which, had

God

adherers

nations, contributing

tc

eithei

their purses, their bodily pains, 01

affections

and

prayers,

as

a

combined

HENRY VANE.

SiR

which the

strength, without

would have been

common enemy, and

military

available

little

restore

their just natural rights

in

to

259

whole body things, and true

to

this

civil

freedom in matters of conscience. " The two last-mentioned

particulars,

staled,

evidence

will

ral

is

rightly

the nature

sufficiently

goodness of this cause. " For the first of these, that

alone

force

subdue the

and

to say, the natu-

which the whole party of honest men

right,

adhering to this cause are by the success of their

arms restored unto,

fortified

in,

and may claim, as

their undeniable privilege, that righteously cannot

be

from

taken

them,

bringing into exercise

"

;

nor it

they

debarred from

lies in this.

enjoy the freedom (by of dutiful compliance and condescension from way all the parts and members of this society) to set are to have and

They

up meet persons ture

may

in

the place of supreme judica-

and authority amongst them, whereby they have the use and benefit of the choicest light

and wisdom of the nation, that they are capable to call forth, for the rule and government undei

which they

will live

orcise of such

;

and, through the orderly ex-

measure of wisdom and counsel as

this way, shall please to give unto them, to shape and form all subordinate actings and administrations of rule and government, so as

the Lord, in

shall best

answer the public welfare and safety of

the whole.

AMERICAN BIOGRAPHY.

260 "

This, in substance, is the right and freedom contained in the nature and goodness of the cause

wherein the honest party have been engaged of our civil right and

in this all the particulars

dom

are

comprehended, conserved

in,

;

for

free-

and derived

from their proper root in which whilst they will ever thrive, flourish, and increase. grow, they ;

Whereas, on the contrary,

if

there be never so

branches of liberty planted on the root many of a private and selfish interest, they will not long prosper, but must, within a little time, wither and degenerate into the nature of that whereinto they fair

are planted."

After given,

proceeding to

illustrate

by showing how,

the views, thus

after the

Norman Con-

of the people were gradually and insensibly undermined and taken away by the accumulation of power in the hands of rulers, who quest, the liberties

used to

it

to

promote

aggrandize

the

their

own

selfish

purposes, and

government which they

established, Sir

Henry

division of the

subject.

had

upon the remaining Another long extract is

enters

presented to the reader, from a persuasion that it amply reward any one, who peruses it, in the

will

clearness and fulness, with which

expresses the all-important

it

defines

and

principle of religious

liberty.

"

The

second branch which remains briefly to is that which also, upon the grounds

be handled,

HENRY VANE.

SIR of natural right,

is

to

be

261 unto, but dis-

laid claim

from the former, as it respects a tinguishes more heavenly and excellent object, wherein the freedom is to be exercised and enjoyed ; that is itself

to say, matters of religion, or that concern service and worship of God.

"Unto

the

freedom the nations of the world

this

have right and

by the purchase of Christ's who, by virtue of his death and resurrecIS BECOME THE SOLE LORD AND RULER IN title

blood, tion,

AND OVER THE

CONSCIENCE

;

to

for

this

end

Christ died, rose, and revived, that he might be Lord both of the dead and the living, and that

every one might give an account of himself,

in all

matters of God's worship, unto God and Christ unto whom they alone, as their own master ;

stand

or

fall

to

judgment, and are not

in

be

or

oppressed For judgment-seats of men. things

brought

why

in these

before

the

shouldst thou

nought thy brother in matters of his faith and conscience, and herein intrude into the piopei

set at

office

of Christ, since

we

of Christ,

are

all

to stand

at

the

whether governors

01 judgment-seat governed, and by his decision only are capable of being declared with certainty to be in the right

or in the

"

and

By

wrong

?

virtue then of this

confirmed

men (whose

in

the blood

supreme law, sealed of Christ, unto

souls he challenges a

all

propriety in, to

AMERICAN BIOGRAPHY.

262

bring under his inward

of God),

worship

it

rule in the

is,

that all

and

service

magistrates are

and forbear intermeddling with, giving or imposing, in those matters; they are to content themselves with what i? plain in their fear

to

rule,

commission, as ordained of God to be his ministers unto men for good, whilst they approve themselves the doers of that which is good in the sight of men, and whereof earthly and worldly judicatures are capable

iudgment for praise

ner he

is

in

;

p.nd

to

to

make

and

a clear

perfect

which case the magistrate is to be In like manprotection to them.

be a minister of terror and revenge

to

those that do evil in matters of outward practice, converse, and dealings in the things of this life

between man and man, for the cause whereof the judicatures of men were appointed and set up.

But

to

exceed these

warrantable is

limits, as

it

is

for the magistrate, (in

not safe nor

that

He, who

higher than the highest, regards and will show

iimself displeased at ,ne people,

it,)

who hereby

ma, devouring, wrathful

so neither

is it

are nourished spirit,

up

good

for

a bit-

in

one against anoth-

and are found transgressors of that royal law, which forbids us to do that unto others, which

er,

we would

not have them do unto us, were

we

in

their condition." it

would be

religious liberty

difficult

more

to find

the principle

clearly, justly, or

po^f

of

ffully

SIR

HENRY VANE.

263

The expressed than in the preceding extract. writer goes on to develope the method by whicn it

might be secured to the people, and suggests, perceive, the idea of a FUNDA-

as the reader will

MENTAL, CONSTITUTION. " This freedom then

and enjoyed, as well for the people's

hath been said,

is

of high concern to be had magistrate's sake as

for the

common good

;

and

it

consists, as

the magistrate's forbearing to forth of rule and coercion in things the put power that God hath exempted out of his jurisdiction.

So

in

care requisite for the people's obtainmay be exercised with great ease, if it be

that

all

ing this

proper season, and that this restraint

taken in

its

be laid

the supreme power before it be erectFUNDAMENTAL CONSTITUTION among oth-

ed, as a

upon

upon which the free consent of the people is given to have the persons brought into the exerers,

supreme authority over them and on their behalf; and if besides, as a further confirmation

cise of

hereunto, it be acknowledged the voluntary act of the ruling power, when once brought into a capac'ty of acting legislatively, that herein they

bound up and judge it their duty so to be, (both in reference to God, the institutor of magistracy, and in reference to the whole body by

are

whom

they are intrusted,) this great blessing will hereby be so well provided for, that we shall ftave so cause to fear, as it may be ordered

AMERICAN BIOGRAPHY.

264

" By this means a great part of the outward exercise of antichristian tyranny and bondage will be plucked up by the very roots, which, till some such course be held

new and

in

it,

will

be always apt to resome new form

sprout out afresh under

or refined appearances, as

by

late

experi-

years'

we have been taught." The reader has observed in the foregoing extracts much that must have borne heavily on the conscience of Cromwell. The whole production, ence

it is throughout respectful, dignified, and from personality, was adapted to hold up before him a picture which could not fail to be rec-

while

free

ognised as his own, to exhibit a view of the deformity of his past conduct, and to point out a course of procedure, which, however disagreeable to his selfish ambition,

science would

tell

both his reason and con-

him he ought

reproofs and admonitions were in

expressed ing against

them.

The

most part

such general terms that their bear-

Cromwell would only be perceived by

himself, and those

ed

to pursue. for the

In

who knew how

well he d

.'serv-

the

following passage, ho\/ever, a plainer and more direct style. offence, which causes such great thoughts

Vane adopts "

The

of heart amongst the honest party,

(if

may, when

it

may

be

the magistrate himself professes he doth but desire and wait for conviction therein,) is in short this ;

freely expressed, as sure

it

SIR "~

HENRY VANE.

That when the restored

is

nay,

265

and privilege is returned, by conquest unto the whole body right

(that forfeited not their interest therein), cf freely disposing themselves in such a constitution of righ-

teous

government

as

may

held forth in this cause

;

answer the end

best

that nevertheless, either

through delay they should be withheld as they are, or through design they should come at last to

be utterly denied the exercise of

upon

yet to use if

this their right,

pretence that they are not in a capacity as

those,

it

which indeed hath some truth

;

who

are

now

in

power and

in

in

it,

command

of the arms, do not prepare all things requisite thereunto, as they may, and like faithful guardians to the

Commonwealth, admitted

to

be

in its

non

age, they ought.

" But cise

if

the bringing of true freedom Into exeryea, so refined a party of men.

among men,

why hath this been concealed all And why was it not thought on be-

be impossible, this

while

?

much blood was spilt, and treasure spent ? Surely such a thing as this was judged real and practicable, not imaginary and notional. fore so

'

Besides,

why may

it

not suffice to have been

thus long delayed and withheld from the whole body, at least as to its being brought into exercise

now at last ? Surely the longer it is withheld, the stronger jealousies do increase, that it is intended to be assumed and engrossed by a party only,

AMERICAN BIOGRAPHY

266 to the

leaving the rest of the body, (who, in

all

reason and justice, ought to be equally participants with the other in the right and benefit of the

aged

conquest, forasmuch as the war was man at the expense, and for the safety of the

whole,) in a condition almost as much exposed, and subject to be imposed upon, as if they had been enemies and conquered, not in any sense conquerors. cc If ever such an unrighteous, unkind, &nd deceitful dealing with brethren should hapoen, ii

though it might continue above the reach of queG tion from human judicature, yet can we think it possible

it

should escape and go unpunished by

the immediate hand of the righteous Judge of the whole world, when he ariseth out of his place to

" oppressed ? After this solemn and searching admonitory reproof, Sir Henry proceeds with admirable ingenu-

do right

to the

present such a view of events and affairs, without as, any personal allusion, made it clear to all that the ambition of Cromwell was the eyes, ity, to

of the establishment of a just " the Achan government, that he was

obstacle in the

and

who

free

way

obstructed the settlement of these distracted

kingdoms," and that, in preferring his own aggrandizement to the common good, and seizing an unlawful power, he had taken " of the accur id (Joshua vii. 1.) thing. 5 '

9IR

HENRY VANE.

267

tie thes goes on to throw out some general views respeeiiag government, in the course of " It is not dewhich he thus expresses himself. nied but that the supreme power, when by free consent it is placed in a single person, or in some

few persons, may be capable to administer righteous government ; at least the body that gives this liberty, when they need not, are to thank themselves

ommends "

" prove otherwise that it should be made an if it

He

also rec-

article

of the

Constitution," that the executive and legislati

powers should be vested

in

'e

different bran^nes :f

the government. And in the following passage he delineates the course of proceedings by which a constitution might be agreed upon, and estab-

The method,

lished.

it

will

be observed,

is

the

substance, that was adopted more than a in the North American States. afterwards, rt^ntury ({ The most natural way for which would seem

same,

tr

in

be

iKithful,

by a general council, or CONVENTION of honest, and discerning men, chosen for

purpose, by the free consent of the whole body of adherents to this cause, in the several parts of the nations, and observing the time and that

place of meeting appointed to them, (with other circumstances concerning their election,) by order from the present ruling power, considered as general

of the army.

AMERICAN BIOGRAPHY.

268

" Which convention

is not properly to exercise but power, only to debate freely, and agree upon the particulars, that, by way of fundamental constitutions, shall be laid and invio-

the legislative

upon which the whole body so represented doth consent to cast itself into a civil and politic incorporation, and lably observed, as the conditions

under the

visible

form and administration of govto be by each indi-

ernment therein declared, and vidual

member

of the body subscribed

in

testimo-

ny of his or their particular consent given thereunto.

Which

them an

conditions so agreed (and amongst

act of oblivion for all) will be without

danger of being broken or departed from, considering of what it is they are the conditions, and convention wherein they are of the people represented in their highest state of sovereignty, as they have the sword in their hands unsubjected unto the rules of the

nature of the

made, which

is

government, but what themselves, orderly as sembled for that purpose, do think fit to make. civil

And, the sword, upon these conditions, itself to the supreme judicature thus up,

how suddenly might harmony,

subjecting to be

set

righteousness,

and safety unto the whole body follow hereupon, as the happy fruit of such a settlelove, peace,

ment, us."

if

the

Lord have any

delight to be amongst

HENRY VANE.

SIR After again

became him

make

to

such

about

a

" the

reminding

happy

the

first

269

general," that

move

it

in bringing

he approaches the

result,

conclusion in language of the most earnest exhortation, of which the following passage is a speci-

men. " This then being the state of our present fairs and differences, let it be acknowledged on hands,

let

yea

all

be convinced that are concerned,

all

that there

af-

not only possibility but probability,

is

a compelling necessity of a firm union in this

gveat body, the setting of

which

and tune

in joint

again by a spirit of meekness and fear of the Lord, is the work of the present day, and will prove the only remedy, under God, to uphold ;

and cany on

Lord

in

this blessed

the three

thus far onwards in

nations, that its

Now

readiness

unto in

this reuniting

all

the

already

its

come

desired and

in Christ, the desire

nations, as the chief ruler

"

is

progress to

expected end, of bringing all

cause and work of the

amongst

work

dissenting

of

us.

let

parts,

there be a

from

highest to the lowest,

the forth

by cheerfully coming of self-denial and love, instead of war and wrath, and to cast down themto

one another

in a spirit

selves before the Lord,

who

their spirits, in self-abasement

the mutual

is

the Father of

and humiliation

offence they have been in for

all

for

some

time past, one unto another, and great provoca-

270

A

unio

lion

&

God

BIOGRAPHY.

AN

11 1

ar\d

reproach

name, who expected

to

unto his glorious

have been served by

them, with reverence and godly is a consuming fire."

As

fear, for

our

God

Henry Vane composed this treatise with desire to awaken the conscience of Cromwell, and still entertained some hope that he

a

Sir

sincere

brought back to the service of that which he had formerly been so glorious of cause, a champion, he was studiously careful to blend

might be

with great fidelity in admonishing and reproving him, the most perfect kindness and respectful tenderness

This

towards

his

person

particularly in

and

character.

the conclusion.

appears hath been done amongst us may probmore the effect of temptation than have been ably of the product any malicious design and this sort 41

spirit

What

;

of temptation

men

in

is

very

common and

power (how good soever they

incident

may

to

be), to

be overtaken, and thereupon do sudden, unadvised action, which the Lord pardons and overrules for evidently making appear, that it is the work of the weak and fleshly part, which his own people carry about with them too much unsubAnd therefore the Lord thinks fit by theso dued.

the besr

;

show them the need of being beholden them again, and bring them into their right temper and healthful

means

to

to their spiritual part to restore

constitution.

HENRY VANE.

SIR

271

"

And thus whilst each dissenting part is aggravating upon itself faultiness and blame, and none excusing, but all confessing they deserve, in one sort or other, reproof, if not

God's sight

God

to

before

who knows how

;

come

soon

men, yet

may

it

denying frame of

please

and

into this broken, contrite,

in

self-

in the spirit

own

the three nations, and

good people within them, thus truly hum-

bled and abased, for his temple, and the place of his habitation and rest, wherein he shall abide for

ever?

of

whom

it

may be

God

said,

midst of her, she shall not be

moved

is

the

in

God

;

shall

help her, and that right early, or with his momAt which time he will sit silent ing appearance.

no longer, but Heaven will speak again, and beactive and powerful in the spirits and hearts

come

of honest men, and dences, or

when

in

by land, or remain

home

for

the

prayers a flock

solemn

people, and

of holy

feasts,

in

'

men,

I will

of his

as

their

God am

hear the

again

visibly

own them,

Jerusalem

her

in

yet for this be inquired of

by the house of Israel, saith the Lord, them and then they shall know that ;

provi-

go out to fight by sea counsel and. debates at

public weal, and

of his

as

the works

either they

to I

do

it

for

the Lord

with them, and that they are

my

people, and that ye, my flock, the flock of my pasture, are men, that have showed yourselves

AMERICAN BIOGRAPHY.

272

1 am your God, that have and powerful God, an all-wise myself " * the Lord God.'

weak,

men, and

sinful

declared saith

The

foregoing

some idea of the

extracts

will

give

the

reader

tone, and import of the

style,

- l

It is indeed an admirable Healing Question." specimen of sincere admonition, fearless exhorta-

tion,

and respectful reproof.

to find a

more

It

would be

difficult

signal manifestation of moral

cour-

age and public virtue than was exhibited in thus Vane was answering Cromwell's proclamation. a private citizen, and he stood before the mightiest

monarch of

integrity

and

nothing but his evident that he sus-

his age, strong in

his truth.

It is

pected Cromwell of designing to perpetuate his ill-gotten power in his own person and family ; it is probable that he had received some inti mation of his being then about to assume the crown. He was determined to prevent, if possi-

and

ble, and at every hazard, the accomplishment of such a criminal purpose, and to expose himself to the Protector's wrath and vengeance, rather than

keep

silent,

when

his

country required him

duty to

to

him

as well as to his

speak out, and to

*The "Healing Question" may be found Somers Collection of Tracts," Vol. VI. p. 303.. Kdition, revised by Walter Scott, Esq. 1811.

in

his

"The

Second

SIR

273

of fearless warning,

the language

in

very face,

HENRY VANE.

may be

and plain rebuke.

Many

searched

an instance of such real he-

in vain, for

Henry Vane

roism as Sir

a battle-field

exhibited

in

an arbitrary usurper in the tone and " Healing Question."

When we

addressing of the

spirit

consider the character of this work,

the all-important principles it discloses, the power, d'gnity, and richness of its style, the complete delineation

presents of the

it

which the friends of

liberty

"good cause,"

for

ihose days con-

in

tended, and the interesting and extraordinary circumstances that occasioned and followed its production ; and then reflect, that it has either been

unknown

to such authors as

or regarded

them

beneath their

shall

how

as

Hume, notice, we

by

perceive superficially and inadequately the history of

England has,

as yet,

Although, as the

Henry Vane

failed,

been written. next chapter either

to

will

show, Sir

awaken the con-

science of Cromwell, or to procure for his conn try at that time a free constitution, the princi pies

he inculcated were not

They were

silently

lost to

the world

communicated from mind

to

mind, and transmitted from generation to geneiation, until, in these latter days, they have become the objects of desire and pursuit throughout Chris-

tendom.

The

VOL. IV.

seed

was 18

buried, for

a

season,

AMERICAN BIOGRAPHY.

274

beneath the length to

a

branches

far

soil,

lofty

but the noble tree has risen at height,

and spread

over the face of the earth. tion

is,

its

and wide, as shade and as

at this

moment,

Every

civilized na-

either enjoying, or strug-

gling for, written constitutions,

warks of liberty

mighty shelter,

as

the only bul

SIR

HENRY VANE.

CHAPTER

276

XIIL

Conduct of Cromwell in Reference

to the

Vane imprisoned in Carising Question." brook Castle. Character of Cromwell. Godwin's Contrast of Vane and Cromwell. Vane released from Prison. Letter to James " Balance in on a Harrington Popular Government."

Cromwell continues

to

persecute

Vane.

SIR HENRY VANE, being determined to conduct with perfect good faith towards Cromwell, transmitted to him a copy of the " Healing Question," in the first place, privately, through the hands of General Fleetwood, in hopes that the Protector might be induced to follow his advice,

and adopt some such course, as he had proposed, in which event the public might never have

But after thing of the transaction. the lapse of a month the manuscript was returned without comment, and Sir Henry immediately

known any

issued

which

it

from

allusion

the

press, with

was made

to the

a

Postscript, in

fact that

it

had

previously been communicated to Cromwell. It is not known whether the manuscript was

read by the Protector.

Perhaps,

in

the multiplied

AMERICAN BIOGRAPHY.

276

ty of his cares,

he had not

leisure to

examine

it.

Perhaps Fleetwood purposely neglected to put it into his hands, from the fear that it would pro-

And perhaps Cromwell permitted it to voke him. bs published with a design of bringing it up against author.

its

However

ifested the greatest it

appeared

it

manwhen peremptory summons was

may have

been, he

degree of exasperation

A

in print.

instantly sent to its author ; and he was brought before the Council, under circumstances, in the re-

make free use of the lan" of whose Godwin, guage History of the Com" of is the only work of the monwealth England kind, that does any thing like justice to the men lation

of which I shall

and events of that period. " The case of Vane is notice.

His high

entitled to particular recoiled from the arbitre-

spirit

proceeding of being summoned, absolutely, and without cause shown, to appear before the He had, a short time before, been secCouncil. ry

ond

to

no man

in

the island,

and

in

principal director of the councils of the

reality the

Common

No man

was ever more deeply imbued with a republican spirit and his high rank and imple fortune had. not exactly prepared him l:

wealth.

:

be

commanded by any

some years

one.

He

had now spun;

and kept aloof from ali cabals and private consults and disquisitions w of doubt

he did passed

not

over

despond. his

spirit.

AMERICAN BIOGRAPHY.

300

His confidence was founded upon a rock, and

his

the promises of God disclosed to his clear and heaven-illumined vision the sure prospect of the happy period, when there would be no more faith in

He felt that tyranny or oppression on the earth. the hour of his final trial was rapidly approaching ; and, although there was a constitutional delicacy and tenderness

in

nature, which

his

had even

made him

so sensitive

to

to lead his

enemies

charge him with a want

to

physical

suffering, as

of personal courage, he contemplated death with a singular calmness and complacency of spirit

And

well

over his tion

he might; for, when he looked back mind rested with a just satisfac-

life, his

upon the

faithful

and constant devotion of

talents to the cause of

God and

when he turned towards plated, with a glorious

his

people

;

his

and,

the fature, he contem-

hope and

blessed assur-

ance, the rewards in reserve tor sincerity, benevolence, and piety in that world, vvhere the wicked

cease from troubling and the weary are at rest.

SIR

HENRY VANE.

301

CHAPTER XV. " Jin His Occupation while a Prisoner. IZpis" The Face of the Times " tie General, fyc." " Meditations on Death " " Letter to his Wife."

Vane removed

to the

Tower.

DURING ly,

his imprisonment on the rocks of Scilhe solaced and dignified his solitude, and oc-

cupied the weary and slow-pacing hours, by composing several elaborate works in his favorite One of them was entitled branches of theology. " An to the mystical Body of General Epistle Christ on Earth, the

who

Church

universal in Babylon,

are Pilgrims and Strangers on the Earth, de-

and seeking after the Heavenly Country." This work was addressed " to the scattered seed

siring

and sheep of Christ

in all nations, the true Israel

unknown for the most part to themselves, but more to the world and worldly Christian yet, in this their unknown or dispersed estate, owned of the Lord, as the church that are by

faith,

;

in

God

the

Father,

truly

pure,

Christian, of which Jesus Christ

immediate head."

manner.

It

is

commences

catholic,

and

the alone and in the following

AMERICAN BIOGRAPHY. k
:i.

1.,

Go'Jj or the

where

inward

God

it

called

is

court,

the

and those

is

intended

temple of i*>at

worship

This kingdom of Christ is capable of subsisting and being managed inwardly, in the minds of his people, in there, glorifying

a

hidden

state,

in their ?p:riis.

concealed from

the

eye of the

By the power thereof, the inward senses or eyes of the mind are opened and awakened, to the drawing them upward lo a heavenly conworld.

and carrying up the soul to the throne of God, and to the knowledge of the life verse, catching

which

is

hid, with Christ, in

God.

Those

that are

SIR in this

HENRX VANE.

307

whom

it is,

kingdom, and

in

and

ness,

to continue in

desolate condition,

such a

God

into the wilder-

solitary, dispersed,

calls

them out of

it.

opened to them in wilderness, whence they draw the waters of

They have this

till

power of

the

Church

are fitted to fly with the

wells and springs

salvation, without being in

bondage

to the life of

sense." Sir

Henry

during his

also

composed

confinement

following extracts are taken. will

regard them with

several shorter works

in Scilly,

from which the

The

reader, I trust,

interest, as illustrative of the

noble character and enlightened principles of their author, and also as invaluable expressions of the

most sublime sentiments of patriotism, piety. entitled

The first I shall notice, " The People's Case

clear, learned,

and ample

virtue,

and

a political tract stated." After a is

discussion of the

first

principles of government, with a particular reference to the history of the English Constitution,

he reaches the following conclusions, which may be considered as a declaration of his creed as a statesman.

"

Common

consent, lawfully and rightfully the body of a nation, and intrusted with given by of their own free choice, to be exerdelegates cised

by them, as their representatives, (as well for the welfare and good of the body that trusts thern^ as to the honor and well-pleasing of God, the

308

AMERICAN BIOGRAPHY.

Supreme

Legislator,)

is

the principle and weans,

by the law of nature and nations, to and admission to the exercise of constitution give warranted

government and su-preme authority over them and amongst them.

Agreeable hereunto,

suppose, that our ancestors, in this

we

are

to

kingdom, did

proceed, when they constituted the government thereof in that form of administration, which hath

been derived

to us

in

the course and channel of

our customs and laws." " For a rational man to give up his reason and will unto the judgment and will of another, (without which no outward coercive power can be,)

whose judgment and will is not perfectly and unchangeably good and right, is unwise, and unand, by the law of nature, forbidden.

safe,

therefore

all

such

made by

gifts,

rational

must be conditional, either implied or

And men,

explicit, to

be followers of their rulers, so far as they are followers of that good and right, which is contained in

the law of the

ther

;

Supreme Lawgiver, and no

reserving to

themselves

(in

fur-

case of such

defection and declining of the ruler's actings from the rule) their primitive and original freedom, to

may, in such case, be as were before they they gave away their subjection unto the will of another and reserving also the

resort unto, that so they

;

judged by a meet and compelent judge, which is the reason of the King and

power

to

have

this

SIR

HENRY VANE.

kingdom, declared by liament;

people

in

that

the

is

to

their representatives in

say,

the

delegates

Par-

of the

House of Commons assembled, and

the commissioners

own

309

on the King's behalf, by his House of Peers, which

letters patent, in the

two concurring do very wholly.

one from

far

bind the King,

if

not

And when

these cannot agree, but break another, the Commons in Parliament

assembled, are ex officio the keepers of the liberties of the nation, and righteous possessors and defenders of it, against all usurpers and usurpa" Ancient when tions whatsoever." * foundations,

*

In his pleadings, on the day of his trial, Sir Henry enlarged, more particularly, upon the principle expressed in the above paragraph. He argued, on that occasion,

from Fortescue and others, that the government of Eng land, consisting, as it does, of three branches, rested, as true basis, on the third estate, or House of Comand that, therefore, the government was not completely overthrown during the times of the Commonwealth, but still remained fixed upon its legitimate foun-

upon

mons

its ;

House of Commons. " When," said he, the inordinate fire of the times, two ci the three estates were for a season melted down, they dd but retire

dation in the

"by

their root, and were not thereby destroyed, but rather preserved." Again, in vindicating the leading part he took in Parliament, after the death of the King and the

into

dissolution of the

House

of Lords, he said that he thought

his duty " to preserve the

government, at least, in its whatever changes and alterations it might be exposed unto in its branches, through the blusterous and stormy times that have passed over us."

it

root,

AMERICAN BIOGRAPHY.

310

once they become destructive to those very ends for which they were first ordained, and prove hindrances to the good and enjoyment of human societies, to the true

worship of God, and the safety

of the people, are for their sakes, and upon the same reasons to be altered, for which they were laid."

first

At the time when

these pieces were written, the

all appearance, was utterly The only patriots overthrown, and for ever lost. who remained were either driven into exile, or

cause of liberty, to

immured fold.

in

And

dungeons, or perishing on the scafSir

Henry well knew that his own demanded by his enemies.

blood would soon be

He

contemplated the event with entire composure. following passages show how fully he had

The

succeeded those

in

disciplining his faith,

consolations

and

and

in acquiring

supports which

alone can secure to the mind.

I

know

religion

not, in the

range of history, a brighter or more triumphant of the higher wisdom, the nobler phiof the Gospel, than he exhibited when losophy,

illustration

in

prison, at the bar of condemnation, and in the

hour of death. " To dict,

and

"

murmur," says he, against God's verresist his doom, so solemnly given and

executed amongst

us, in the sight and concurring of the nations round about, is to acknowledgment become adversaries to God, and to betray our

country.

If

God, then, do think

fit

to permit

such

HENRY VANE.

SIR

a dispensation to pass

ishment of our

upon

and

sins,

arc the actors therein

;

us,

for a

it

is

311 for the

pun

plague to those that

to bring

more

Such

plary vengeance upon them.

swift

as

exem-

have

dis-

charged a good conscience, in what may most offend the higher powers, are not to fear, though ihey be admitted to the exercise of their rule with an unrestrained power and revengeful mind. " Though, from that mountain, the storm that

be very

will

comes,

terrible,

yet some are safest

storms, as experience shows.

Yea, best thereGod's when their in, by mercies, greatest enemies think most irrecoverably to undo them/'' in

"

How

generally,

hath

it

fared with the cause of Christ

more now than sixteen hundred

for

the common object of scorn from the base and foolish not persecution, but from the and wisest persons in noblest only, the world's esteem Yet, though our sufferings

being

years,

made

and

!

and the time of our warfare seems long,

it is very the of the short, considering kingdom perpetuity

which shall

at

last

we

shall

obtain, and

individually reign with

wherein

we

the chief sovereign the kingdoms of the

For, whereas all world have not yet lasted six thousand years, this is everlasting and without end. They that overthereof.

come by not (Rev.

xii.

loving their lives unto the death 11.) shall be pillars in the house of

this everlasting

" kingdom, never to be removed.

AMERICAN BIOGRAPHY.

312

" Evils themselves, through the wise overruling providence of God, have good fruits and effects.

The

world would be extinguished and perish,

if

were not changed, shaken, and discomposed by a variety and interchangeable course of things, wise-

it

ordered by God, the best Physician. This to honest and reasonable ought mind, satisfy every and make it joyfully submit to the worst of chan-

ly

ges,

how

strange and wonderful soever they may works of God and nature,

seem, since they are the and

that,

which

is

a loss in one respect,

is

a gain

in another."

The following passages, taken from Sir Henry's " Meditations on Death," would have established the fame of a heathen sage, and are full of the highest Christian philosophy. " True natural wisdom pursueth

the

learning

and practice of dying well, as the very end of life and indeed he hath not spent his life ill, that hath

;

learned to die well.

duty of

It is

the chiefest thing and

life.

" The knowledge of dying

is

the knowledge of

liberty, the state of true freedom, the

nothing, to live well, contentedly,

Without

this,

there

is

way

to feai

and peaceably.

no more pleasure

in

life,

than in the fruition of that thing which a man In order to which, we feareth always to lose. must, above

all,

endeavor that our

sins

may

die,

KENRY VANE

SIR

and that we may see them dead, before ourselves which alone can give us boldness in the day of

;

judgment, and make us always ready and prepared for death.

" Death is

not to be feared and fled from, as

is

as a thing natural, reasonable,

for, It

is

to

be

carrying no

looked

harm

in

enemies can do to desire and

from it

all

seek

it

patiently to be waited

by most, but sweetly and

and inevitable.

a thing indifferent, upon it This, that is all the hurt as

is

us,

after,

that

which we should

as the only

the torments of this

life

;

haven of

gives us a fuller fruition of Christ,

great gain, that the sooner

we

rest

and which, as is

a very

are possessors of the

better.

"

The

of a good man,

spirit

when he

ceases to

the body, goes into a better stale of life, than that which he exercises in this world ; and live

in

when once

in that,

he would refuse

know what

were

it.

this life

it

possible to

resume

this,

Yea, were a man capable here is, before he receives

to it,

he would scarce ever have accepted it at first. The selfsame journey men have taken, from no being to being, or from preexistent being into morlife, without fear or passion, they may take

tal

again from that

immortality

" Death

life,

by death,

into a life (hat hath

in

it.

is

the inevitable law

have put upon

us.

Things

God and

nature

certain should not

be

AMERICAN BIOGRAPHY.

314

but expected. Things doubtful only are instead of taking away any be feared. Death, us even the perfection of from all, us, gives thing feared

to

our natures

;

sets us at liberty,

both from cur

7

and others domination

bodily desires, servant free from his muster.

own

makes the

;

doth not bring us into darkness, but takes darkness out of us, us out of darkness, and puts us into marvellous light. It

Nothing perishes or is dissolved by death, but the veil and covering, which is wont to be done away It brings us out of a dark duncrannies whereof our sight of geon, through the light is but weak and small, and brings us into an

from

all

ripe fruit.

open liberty, an and perpetual. " To be

estate of light

unwilling to die oe a man, since to be a man is

most

just,

goes

thou to

Ho

that fears

not

men

to be unwilling to to

be mortal.

to die, fears

From hence have proceeded resolutions

unveiled

It

which we are always walking. the world jzo whither ail

fearest ?

life,

reasonable, and desirable to arrive at

that place towards

Why

is is

and

and

free

the

nothing.

commendable

speeches of virtue, uttered by

whom

the world huth not been worthy. commanded by Vespasian not Roman, gallant to come to the senate, answered, He was a sena-

of

A

tor, therefore fit to

there, it

if required

be at the senate

to

as his conscience

;

and, being

give his advice, he

commanded him.

would do

Hereupon.

SIR

HENRY VANE.

jemg threatened by the Emperor, he

315 replied,

Did

Do

you

ever tell you, that I was immortall what you will; I will do what I ought. I

It is in

your power to put me unjustly to death ; and in mine to die constantly. 11 The more voluntary our death is, the more honorable.

Life

may be

man by every man,

but

taken away from every not

But

death.

it

is

greater constancy, well to use the chain wherewith we are bound, than to break it. man is

A

not to abandon his charge in

life,

without the ex-

Nerva, press command of him that gave it him. a great lawyer, Cato of Utica, and others, died, as not able to bear the sight of the weal-public in

that bad

and declining

state, into

providence it was brought, they should have considered,

in

which by God's

their times

'Multa dies variusque labor mutabilis

;

but

sevi

Retulit in melius.'

"

A

man ought

to carry himself blamelessly, and steady courage in his place and calling, against his assailants, and consider that it is better to continue firm and constant to the end, than

with a

fearfully to fly or die."

" But

let us more particularly, and upon truly and purely Christian principles, weigh and con-

sider death.

"

They,

which

that live

faith teaches,

by

faith, die

works death.

daily. It

The

leads

life

up the

AMERICAN BIOGRAPHY.

316 mind

to things

takes

it

things seen,

not seen, which are eternal, and

with

off.

its

affections

which are temporal.

soul experimentally with

that

and desires, from It

acquaints the

heavenly way of

converse and intercourse, which is not expressed by sensible signs, but by the demonstration proper

whether angels, souls separate, or souls the body, as they live by faith, not by Such a way of living and shining forth in

to spirits,

yet

in

sense.

man's unto, is

naked,

when

essential

the

beams,

he

then

arrives

thick veil and wall of his flesh

dissolved, and his earthly tabernacle put

" The knowledge,

sight,

off.

and experience of such

a kind of subsisting and heavenly manner of life, that man is capable of, is the best preparative,

and most powerful motive, to leave the body, and surcease the use of our earthly organs. This, in effect,

is all,

that

bodily death, rightly

known and

understood, doth impart ; a lawful surceasing the use and exercise of our earthly organs, and our

and cheerful resorting to the use and exlife without the body, which man is

willing ercise of that

capable to subsist in, when made perfect in spirit, an equal arid associate with angels, under the

power and order of expressing what he inwardly This made Paul look conceives, as they do. upon life in the body, and life out of it, with no indifferent

home

in

eye, but as accounting the being at the body an absence from the Lord ;

SIK

HENRY VANE.

317

and such

a kind of absence from the body, as death causes, to be that which makes us most present with the Lord ; which therefore we should

be most willing unto, and, with greatest longing after, desire."

But the most

interesting production of his pen during this imprisonment, which remains to us, is a letter to his wife, the character of which will be

shown by the following " "

MY

(having

God

DEAR HEART,

The wind

desirous to

will

extracts.

yet continuing contrary, makes me in converse with thee,

be as much

opportunity,) as the providence of permit ; hoping these will come safe to

this

your hand.

It

is

no small

satisfaction

to

me,

in

these sharp trials, to experience the truth of those Christian principles, which God, of his grace, hath afforded you and me, in our measures, the knowl

edge, and emboldened us

make

to

the

profes-

sion of."

" This dark night and black shade, which G $d hath drawn over his work in the midst of us,

may be to

some

(for

aught

beautiful

we know)

piece, that

the

he

is

ground-color

exposing to

the light."

After dwelling, at some length, upon the to

which he and

his family

alludes to the influence

which

had been

trials

called,

he

afflictions are intend-

AMERICAN BIOGRAPHY.

318

ed by Providence promoting

to exert

Christian

its

upon the character improvement,

presses himself in the following manner. " This God hath set before the eye of

mark

as the

God

for the

prize

is

which by conformity with Christ

him

fellowship with

in

my

faith,

of the high calling of

This

Christ Jesus.

in

in

and ex-

his

that

perfection,

in his

death, and

resurrection,

is

in a

most eminent degree attainable before our dissolution it shall

and the putting off our earthly tabernacle. be so far attained by the power and glory

of Christ, that not

much

fall

is

to be revealed in us, that

it

short of a very transfiguration.

shall

And

the state of the then glorious Church will be no less than a heaven upon earth, in the new heav-

ens and new earth wherein dwelleth righteousness. " Nor would I have it thought, that I have already attained the powerful practice of this holy it is much in my desire, The difficult circumstances 1 am still more and more every

duty and perfection, but aim, and

am

in,

hope. and that I

day cast to the

holding

into,

by God's wise-disposing providence,

sequestering all

me

from the world, and with-

sensible comforts from

me, so much

as

he doth, make me, in some sort, confident it is for a good end, and that out of love and faithfulness 1

am made

to drink of this bitter cup, the better to forward this necessary work in me, and upon help wherein consists the glorious liberty of the me,

HENRY VANE.

SIR sons of God.

would seem outward

may have and

If I

a very

enjoy

me

matter to

little

Help me, then,

solicitudes

(in

this,

it

be

in

.to

any other

bonds, banishment, want, or

afflictions.

and

019

your cares

all

about me,) to what will further

and advance this work in me. " The Lord grant me and mine

to be content, of our own, and will bring us to the daily bread of his rinding, which he will have us wait for, fresh and fresh from his own

if

he deny us to

live

table, without

knowing any thing of it beforehand. Perad venture there is a greater sweetness and

blessing in such a condition, that

we have

till

tried

it.

even our making troubles,

This

little

haste

to

till

patiently waiting

wherein he

we can

may add

to

get

imagine,

my

help, out of our

God's time come

open the prison doors, either by death, or some other way, as he please, for the will

magnifying his own great name, not suffering us to be our own choosers in any thing, as hitherto hath been his

" in

way with

us.

And why

should such a taking up sanctuary God, and desiring to continue a pilgrim and soli-

tary

in

world, whilst

this

1

am

in

it,

afford

still

matter of jealousy, distrust, and rage, as I see it doth, to those who are unwilling that I should be buried and

am.

my

lie

They trial,

do

quiet in

that little

my

grave, where I

now

press so earnestly to carry on

know what presence of God

AM

320

may be

afforded

me

in

it

and issue out of

it,

the magnifying of Christ in my body, by life or by death. Nor can they (I am sure) imagine

how much

I desire to

which of

Christ,

account best of

made

all.

be dissolved and to be with things that can befall me I And till then, I desire to be

my place and station, to make of him before men and not deny his

faithful

confession

all

in

name, if called forth to give a public testimony and witness concerning him, and to be, herein, nothing

terrified.

What

then will the

hurt be,

by the worst that man can but kill the body, and

that I can or shall receive

can do unto me,

who

thereby open my prison door, that I may ascend into the pleasures that are at Christ's right hand. " If the storm against us grow still higher and so as to higher, strip us of all we have, the earth is still

the Lord's and the fulness thereof; he hath

a good storehouse for us to live upon. " God can, and (if he think fit) will, chalk out

some way, wherein he may appear by dence to choose

for us,

his provi-

and not leave us to our

And being contracted into that choice. small compass, which he shall think fit to reduce us unto, we may, perhaps, meet with as true inown

ward contentment, and see as great a mercy in such a sequestration from the world, as if we were in the greatest outward prosperity. " T know nothing that remains to us, but like a

SIR in

iiif

HENRY VANE.

321

a storm, to let ourselves be

tossed

and driven with the winds, till He that can make these storras to cease, and bring us into a safe I haven, do work out our deliverance for us. doubt not but you will, accordingly, endeavour to

prepare for the worst." design of this prepare his wife and for his which he knew to be near death, family at hand, but also to sustain and solace them in It

be

will

letter

perceived

was not solely

that

the

to

the destitution and poverty, to which they would be left, should his estates, as was probable, be

and diverted from them by the governconsequence of his conviction and pun-

forfeited in

ment, ishment as a

Soon

March Scilly

traitor.

after the

date of this

letter,

which was

7th, Henry was removed from to the Tower of London. The grand jury

1662, Sir

having found a J

bill

against

him

as

" a

false trai-

he was arraigned before the Court of Bench on the 2d of June, 1662. King's

ler &ic.,'

*OL,. IT.

AMERICAN BIOGRAPHY.

322

CHAPTER Pane's Arraignment.

XVI. Trial.

Sentence.

IN giving an account of the interesting and and execution of Sir Henry trial

memorable to

Vane, do

justice

taken

by the

it

is

success, to

extremely

difficult, if

not impossible,

Great pains were subject. and with too much government,

to the

destroy the reports and records thai

were made of the proceedings in the court ana on the scaffold. Foreseeing that such would be the case, Sir

leaving

the

Henry wrote down, each day prison,

ments he intended

substance

the

to use,

before

of the

argu-

and before going

to

execution he committed to writing the speech to

bs spoken on Tower Hill. These papers have been preserved, together with some of the cir-

cumstances that attended the scenes of fcnd

death.

A

faithful

friend,

at

an

his

trial

imminent

hazard, procured the secret printing of a volume

The proceedings in court, and containing them. at the execution, are also to be found in the " State Trials."

By

means we

these

are

en

abled to gain some idea, of course a very inadequate one, of a transaction, which created a great sensation at the time, and

ed

in

is

particularly celebrat-

the history of the period.

SIR

The

HENRY VANE.

323

prisoner was denied the benefit of counsel,

while the

attorney-general, the

solicitor-general,

and four others of the most eminent lawyers in the kingdom, were employed to conduct the

Among

prosecution.

these, to

their

own

ever-

lasting dishonor, and the disgrace of the bar and the country, were Sir John Glyn, and Sir John

Maynard, who in the times of the republic had been leading agents in the affairs of the Common were actually subject

wealth, and

which

charges

labored

they Their conduct

Vane. in

the

to

to

the

prove

was considered,

very

against at

the

and

it

deserved, by many, Hudibras," has given to their base ness the perpetual infamy, which justice and honor time,

Butler, in his

light

((

require.

" Did not the learned Glyn and Maynard, good subjects traitors, strain hard?"

"To make

The

prisoner was not permitted to see his init was read in court, or to have

dictment before a

copy of

it

afterwards, and

was denied the bene-

of legal advice or consultation out of court as well as in. Under all these disadvantages he

fit

was arraigned on the day already mentioned. In order to apprehend the substance and bear ing of the indictment, as fully as possible, before

commencing his defence, he asked that it might be read a second time, and his request was granted. He then prayed, that, as the indictment was

AMERICAN BIOGRAPHF.

324 recorded

m

language, it might be read to him This was necessary in order to enable

in that

Latin.

him

avail himself legally of

to

defect in

He

its

moved

then

stance and

But

form.

this

any exception or request was refused.

exceptions to the subcharacter of the indictment,

several

general

most important of which was, that, as the offences charged in it were committed in his cathe

pacity as a

under

member

of Parliament, or as

acting

commission, he could only be held to answer for them before Parliament itself, and not its

of any inferior or other tribunal. The his ruled out judges peremptorily exceptions, and required him to answer to the indictment at the bar

"

" Guilty

or

" Not guilty."

Sir

Henry then

length, those reasons which led him to decline to put himself on trial by pleading to the

urged, at

In this stage of the proceedings he with He showed great power and ability. argued

indictment

that

it

was impossible for him to have that equal trial which was his right as an English-

and just

man. That his previous and long-protracted imprisonment, without any examination or hearing, was a violation of law. On this point he quoted largely from

"

Magna Charta," and

confirmed his

by the authority of Sir Edward Coke. showed how his estates had been seized con-

quotations

He

trary to law, and, by citations from Coke, Bracton, and otters, he proved that his banishment to

HENRY VANE.

SIR

Scilly without a verdict

He

violation of law.

trary to

by

his

325

peers was also a

further argued, that, con-

the authorities and principles of Engcited, he was arraigned before

all

law, which he

lish

judges who, in another place, had prejudged his case and recorded their votes against him. He

dwelt upon the months and years that had been occupied in contriving and collecting evidence to sustain

the prosecution, while he had

the

all

He stated that time been kept a close prisoner. he was not permitted to know what would be alleged against him, or to do any thing

preparation for his

defence

;

and

that,

by way of

by

seizing

and placing his property beyond his reach, the government had involved his family in debts to the amount of more hands of

his rents in the

his

tenants,

than ten thousand pounds, thereby disabling them from rendering him any assistance towards his de-

He

fence.

of

the

showed

entered upon a particular examination

specifications

that they

.;uch as did not

as

a

member

lawfully

brought against

him,

and

were vague, and general, and

bear against him individually, but of a Parliament to which he was

elected,

and

in

which he had acted

in

concurrence with the nation from time to time.

Toward

the

conclusion

he used the following

language

"

And now,

having said to me, and doth occur man,

all that, is fit

to

as a rational

represent,

in

AMERICAN BIOGRAPHY.

326

all humility to the court, 1 crave leave further to I stand at 'ihis bar, not add. only as a man, and

a

man

clothed with

privileges of the

the

most

sovereign court, but as a Christian, that hath

and reliance

faith

God, through whose gracious and

in

wise appointment

am

I

brought into these

cir-

cumstances, and unto this place at this tu:^ whose will I desire to be resigned up into, as weh

: :

in

what he now

calls

hath formerly called

my

me me

to suffer, as in

whai k

to act, for the

good of

country and the people of foundation (I

this

am

bless

God

in

it.

Upon

name of my God)

the

and know the issue

will be good God's strength may appear in my weakness ; and the more all things carry the face of certain ruin and destruction unto all I

fearless,

whatever

that

will

to the

}

prove.

near and dear to

is

more

it

me

in

this

world, the

divine deliverance arid salvation appear,

making good

content to lose his shall save

it,

about to save

that Scripture, that life

and he his

life

in

that,

he that

is

God's cause and way, instead thereof, goes

upon undue terms,

shall

lose it."

Before taking his seat Sir Henry, as we arc informed by one who was present, " did much press for counsel to be allowed him, to advise with him about any further exceptions to the indictment, besides those by him exhibited, and to

put

all

into

form according to the customary pro

SIR

EN

II

Y

VANE.

327

and language of the law, as also to them at the bar on his behalf, he not

ceedings

speak

II

to

being versed in the punctilios of law writings and He further said, that the indictment, which pleas. life, being long and his could not well be imagined that

so nearly concerned his

memory

short,

it

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."

The court then solemnly assured him, that if he would plead to the indictment, and put himself on the issue, he should, in that event, have counsel assigned him. After considerable urging, and with evident reluctance and distrust of the sincerity of the court

ed upon

He

to

and

promise, he was prevailto plead not guilty.

its

comply, and

was then remanded

Four days

afterwards,

to prison.

on Friday the 6th of

took place. Upon Sir Henry's claiming the benefit of counsel, according to the promise of the court, the judges informed him

June, the

trial

would be his counsel In this shamemanner was he deluded and deceived. Instead of aiding him in his defence, the judges that they

!

ful

never interfered

in the trial except to encourage the prosecuting officers, and to interrupt and reprimand the prisoner. They were known to

to Hampton Court, the royal residence, during the intervals of the public proceedings, and

repair

AMERICAN BIOGRAPHY.

328

were, ihroughout, the willing and zealous instru-

ments of the

government.

The Chief

Justice

Forster was overheard to say, on the day of arraignment, when the convincing arguments of the pr'soner had

left the prosecuting officers without " of answering them, Though we know power not what to say to him, we know what to do with

the

him."

The attorney-general addressed the jury, and introduced the witnesses, on the part of the government. When he had gone through their testimony, Sir

Henry was informed

that

he might

but that he must say, at once, speak all that he had to say, as he would not again be for himself,

permitted to address the court or jury. In commencing his defence, he entered upon a legal argument, to prove, by citations from Coke

and others, that the acts charged against him,

as

treasonable towards the King, Charles the Second, could not be so considered, inasmuch as he was not at the time actually, but only de jure, King. The court here interrupted him, and required him to disprove, if he could, the evidence just given by

the

own

government witnesses, to bring forward his witnesses, and that afterwards it would be

time enough to attend to questions of law. The prisoner then said, that, not having been informed of the nature of the charges or of the

evidence to be brought against him, he had not

SIR been in

able

his

if

that,

329

prepare or to procure testimony he therefore desired process of

;

summon

court to plied,

to

defence

HENRY VANE.

his

his

witnesses.

The

witnesses were

judges re-

present,

they

might be called, but that they could not wait to have them sent for, as the jurymen were to be " kept without meat, drink, fire, or candle, till their verdict was delivered in." Notwithstanding these disadvantages, and the obstructions thus cruelly thrown

proceeded

learning,

ity,

to

to defend

which

his

in

his

way, he

himself with wonderful abil-

and eloquence. The main points arguments were directed are de-

scribed in the following questions, stated and re-

corded by him. " 1. Whether the collective body of the Parliament can be impeached of high treason ? " 2. Whether

any person, acting by authority of Parliament, can (so long as he acteth by that

commit treason ? Whether matters, acted by

authority)

"

3.

that authority,

can be called in question in an inferior court ? " 4. Whether a king de jure, and out of pos" session, can have treason committed against him ?

When

he had concluded, the solicitor-general in the most violent and de-

addressed the jury

Neither he, nor any one of clamatory manner. the judges took any notice of the important principles of constitutional law upon which Sir Henry

AMERICAN BIOGRAPHY.

330

his defence. Their object was to influence the prejudices, and fears, and passions of the jury. The solicitor, accordingly, openly de-

had rested

clared in his speech " that he must be made a public sacrifice," and, in allusion to the prisoner's

urgent demands for the benefit of counsel, held such language as the following ; " What counsel, does he think, would dare to speak for him in

such a manifest case of treason, unless he could call down the heads of his fellow traitors, Brad-

shaw or " Hall ?

When

Cook,

from

the

top

of

Westminster

the solicitor had ended, the court sent

out the jury without saying a word on the merits of the case, in order that the effect of his ha-

rangue might not be impaired, and he was even permitted to hold a secret consultation with the

foreman as they were leaving the box. After an absence of half an hour, the jury returned into court with a verdict of Guilty, and the

prisoner

Upon it

was carried

was observed by

air

indicated

mind.

back

to

the

Tower.

leaving the hall, and after reaching his cell,

a

all,

that his countenance

lightened

and relieved

Although he had been

and

state of

in the bar for

more

than ten hours, without any refreshment, and engaged for a large part of the time in the most earnest and energetic efforts of argument and oratory,

he seemed,

at the conclusion, to be clothed

HENRY VANE.

SIR vviih

new

mation

331

strength, and inspired with unusual ani-

of

He

spirits.

who accompanied him,

thus

those

explained, to

this effect

upon

his feel-

which so much surprised them. along foreseen the prosecution, which

ings and strength,

He

had

all

He knew, that the him would be such, upon would equally involve the whole nation and

had then been consummated. offences to be charged as

;

that in defending himself, he might, therefore, be

defending the liberty and life of every Englishman, who had acted in the cause of the Commonwealth. He had been deeply imconsidered

as

pressed with a sense of the obligation that rested upon him to make a defence worthy of the imporand he tance and magnitude of the occasion ;

had formed the resolution

to

avail

himself of

every security which the constitution and laws of the country had

provided to protect the subject

Actuated by against injustice and oppression. these views, he had refused to plead to the indict-

ment

until

he was assured that he should have the

When, on the morning of that he found that he had been deceived and beday, trayed, and was without counsel to advise with benefit of counsel.

him, aid him, and

speak

for

him, and

that the

great cause of liberty and right was left for him alone to vindicate, he was oppressed with a sense of his incompetency to do it justice. But in

looking back, at the close of the day, upon the

AMERICAN BIOGRAPHY.

33-2

defence he had been enabled to make, his heart

He overflowed with devout gratitude and joy. blessed the Lord, that he had been strengthened himself at

maintain

to

dence

had

left

lips

post

which

Provi-

arguments had mind, that he had not been

assigned

been suggested to

the

him,

his

that

overlook any means of defence, that his had been clothed with more than their usual to

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 He had spoken, the liberty of his countrymen. " not for his own that day, as he told the judges,

He sake only, but for theirs, and for posterity." had done his best and his utmost for himself and for his

his

fellow

obligations to

mind was,

was discharged, fulfilled, and his

his conscience

men,

society were

therefore, at

with the world, and

peace with itself, at peace of satisfaction, comfort,

full

and joy. In reviewing the proceedings of the Court of Bench on this occasion, we cannot but be

King's

shocked

at the

perversion of the institution of a

That, which was intended to stand between the government and the citizen, and protect the

jury.

innocent from lawless violence, had readiest

and

most

destructive

bloody hands of a cruel despotism. did not dare to

meet the

become the

weapon

The

in

the

judges

responsibility of decid

HENRY VANE.

SIR ing the case of

Vane upon

333

principles of law, but

ihrew the issue entirely upon the jury, well knowing, that, through their weakness, and timidity, and prejudices, they could

cure

allowed at

the

more

in this

manner

same time,

to

and surely pro-

easily

Where

condemnation.

his

the

court

are

to control the jury, and,

throw the responsibility upon

them, the abuse of the institution

may

be consid-

ered as having reached its greatest height. But the influence of the administration, or of the judges, over a jury, sion

to

which that

is

not the only perveris In a exposed.

institution

country, like our own, where the sovereignty is in the people, a jury, being taken from the people and acting as their representatives, are directly, natu-

most dangerously subject to popular In opinion, and the influence of the multitude. an ignorant and barbarous community, a trial by rally,

and

would be any thing rather than a security. would enable governors and magistrates to shed the blood of citizens, with impunity, and in a

jury, It

way

that

upon the

would lead them belief, that

to

believe, and

they escaped

all

act

responsibili-

by thus throwing it back, through the jury, upon the people, who would be the victims, while they were flattering themselves that they were ty,

the judges. If, in a republic

like ours, the

become ignorant of the

people should

principles of law, disre-

AMERICAN

334

gardful of the securities

and insensible tianity

;

a

APHT, which the laws provide humanity and Chris

to the spirit of

by jury would be

trial

far

fectual to protect the innocent, far to sanction injustice,

days

more

inef

more prompt

and consummate oppression, violence, it was in the worst

and bloodshed, than

of the

worst

of tyrants

in

the

mother

country. It

very

is

necessary, at this

peculiar

King sustained

to Sir

explain the relation, which the

point, to

and

attitude

Henry Vane and

to the

As Sir Henry was not prosecution against him. one of his father's judges, and was known to have been opposed to his condemnation and execution, it was supposed that the Declaration of Charles the Second at Breda, previous to his res toration, would have secured him from the ven In framing the Act of geance of that monarch. Indemnity and Oblivion, the House of Commons

were, for these

reasons, unwilling to except Sir

Henry Vane from

its

benefit.

But

the

House of

Lords were desirous of having him excepted, so as to leave him at the mercy of the government, and thus restrain him from the exercise of his great talents in promoting his favorite republican principles, at his life. es,

it

At

any time, during the remainder of a conference between the two Hous-

was concluded

that the

Commons

should

consent to except him from the act of indemnify,

HENRY VANE.

SIR

335

the Lords agreeing, on their part, to concur with

the other of

House

petitioning the King, in case

in

the condemnation of Vane, not to carry the Such a petition was, in

sentence into execution.

pursuance of the arrangement, formally presented, on the part of the two Houses of Parliament, to the King ; and the Lord Chancellor made report to the Houses, that he had communicated the petition it,

to his Majesty,

who had

and had authorized him

ment, that, as to his

if

life,

Vane were

graciously granted

to assure the Parlia-

convicted, "execution,

should be remitted."

This was of course supposed to be an ample security, and the lower House consented to gratify

the Lords,

by excepting

Sir

Henry Vane from

the Act of Indemnity. But, when a new Parliament assembled, the influence of the government, strengthened and stimulated by those who wished to

come

in

for a share

tates, prevailed

of Sir Henry's great es through the House,

to get a bill

directing the attorney -general

to

proceed against

him according to law. The trial had been held, the jury had returned a verdict of condemnation, and it remained for the executive to act in the premises.

had arrived when

King

He

either

felt

that

The

exigency

became necessary, for the to redeem or to break his pledge. he was bound in honor, and before it

the world, to remit the sentence of the law

,

but

AMERICAN BIOGRAPHY.

336

he was resolved,

possible, to avoid or etude or

if

promise, and seems to have become He acimpatient for the blood of the prisoner. cordingly, the very next day, wrote the following violate

his

letter to the

Chancellor. "

Hampton

Two u Sir is

The

me

of

carriage yesterday in the Hall,

the occasion of this letter

ly

Saturday,

been made to

relation, that has

Henry Vane's

Cotirt,

in the afternoon.

;

which,

am

if I

informed, was so insolent as to justify

all

right-

he had

done, acknowledging no supreme power in England but a Parliament, and

purpose.

You have had

many things to that a true account of all,

he has given new occasion to be hanged, certainly he is too dangerous a man to let live, if

and

if

we can of till

Think honestly put him out of the way. and give me some account of it to-morrow, when I have no more to say to you. C. R."*

this,

Whether Charles applied to other, and, in reference to such spiritual concerns, higher authority, or whether the Chancellor, as -keeper of his Majesty's conscience, absolution, certain

was empowered

to

grant

himself King and it was determined promise,

it

absolved from his that " execution," as

is

it

that the

respected the

felt

life

of

Vane

* London Monthly Repository, Vol. VI. p. 392. Keywood's Vindication of Fox's History. Appendix, pp. 24-26

HENRY VANE.

SIR should not

which

"be

remitted."

337

The ground upon

of a solemn and public pledge was excused by the courtiers and sycophants of the day was, that the new Parliament, by calling for the trial of Vane, had rendered null and void this violation

the proceedings, in reference to the petition, of the

former one.

But, as that petition actually constiAct of Indemnity, it was too

tuted a part of the

obvious to be overlooked by honest and discerning men, that, from the nature of such an act, no

succeeding Parliament would have a right to alter its terms, affect its substance, or counteract its design. possible

geant

In considering the transaction, dissent from the judgment

it

"

Hey wood.

Second has

left

No

is

im-

of Ser-

to

single act of Charles the

so foul a stain

upon

his

memory, Henry

as his having sought the execution of Sir

Vane.

However

valid his justification

may be

in

of tyrants, the want of feeling, with which he makes the detestable proposal to ihe Chancellor, admits of no palliation." the

ethics

Indeed the prosecution of Vane was, in all its base and illegal, that it cannot be, and

parts, so

has not been, justified by any writer, making pretentions to impartiality. It was felt even by the

government

itself to

be discreditable.

Clarendon,

the continuation of his History, passes it wholly over, with the most significant silence, and so does

in

Bishop Parker, VOL, iv.

in

the " History of his

22

own Time.'

;

AMERICAN BIOGRAPHY.

338

must do, who have liberty of the subject and

Hallam, Fox, Burnet, as the least regard for the the

all

supremacy of the laws, have openly, and

condemned it, as involving, not only a breach of promise on the part of the King, but a palpable violation of the principles of English strongly

freedom and

justice.

On Wednesday,

the llth of June, Sir

Vane was brought

to

He

tence of death.

bar

the

seems

to

to

Henry

receive sen-

have approached make one more

the scene with a determination to

of the cause, which was identified with his person, and to render it still more clear, that, in proceeding against him, the government effort in favor

was trampling upon the laws of the land. be

said, that, in his

perhaps may and powerful exertions on it

all

that

this

he had done before.

And

noble bearing

day, he surpassed If the patriots of

England could have chosen a champion

to con-

tend and suffer for them, they would have selected him as he appeared on this occasion. It was a

most glorious display of genius,

spirit,

and public

virtue.

After the usual formalities, he was called upon

" whether he had any thing to say, why sentence of death should not be passed upon him." to

answer,

The

judges, without foubt, supposed that he

would probably make

a

solemn appeal, and pro-

HENRY VANE.

SIR with his usual

test,

ability, against

the verdict of

the jury, and that when he had ended, the sentence of the law would be pronounced, and the whole affair be despatched in an hour. If such

were

their

pointed. vail

expectations, they were sadly disap-

Difficult

over him

another

as

in the

they had found it to preprevious stages of the trial,

and long day's work was before

hard

them. Sir

Henry

rose, with

an

air

which

sufficiently

indicated that he not only had something, but a

good deal, to say, why sentence of death should not be passed upon him. He commenced by observing that he had not yet heard the indictment read in Latin, and he claimed it as a right, according to law. This led to a sharp debate between him and the judges

and lawyers,

which he

in

finally prevailed.

When

the indictment had been read in Latin, he next

claimed, also as his right as an Englishman, that counsel might be assigned him to make exceptions to the indictment, according to law.

much

discussion this

was overruled

;

After

but Sir Hen-

ry would not relinquish his claim until the court

had

distinctly

fusing

The

assumed the

responsibility of re-

it.

next thing he offered was a bill of ex want of counsel, he had

ceptions, which, in the

framed himself.

It

had been offered on the day

AMERICAN BIOGRAPHY.

340 of

his

sign

and the judges had then refused

trial,

He now

it.

presented

it

more authority than he had used demanded of the judges that they should tones of

He

to

to the court, and, in

before, sign

it.

produced the statute passed in the reign of Edward the First, in which it was deliberately

if any English subject felt himself aggrieved by the proceedings against him of any

decreed, that,

justices,

he might write down

require

the

showed

same

justices

his exceptions,

to

and

He

them.

sign

had never been repealed, and he adduced passages from Sir Edward Coke that this statute

to prove, that, if the justices should refuse to sign bill of exceptions, they might be compelled by a writ to sign it, and otherwise proceeded against. This bold measure on the part of the prisoner

a

confounded and staggered the court. Tlia statute was explicit, the law clear, the right certain. But after much evasion and disputation, the court refused to sign or receive also

point claim, until

it

;

and on

this

Henry would not relinquish his the judges had, one by one, assumed

Sir

the responsibility of the refusal. The bill of exceptions, prepared by Sir HenIt is a paper of ry Vane, has been preserved. great ability, learning, and interest, setting forth all the particulars, in which he had been unjustly

used, and the law violated in his person.

course of

it,

In the

he mentions one circumstance which

SIR

HENRY VANE.

341

He says that Monk, the degraded and profligate traitor, who by sacrificing the cause, and the friends, of English liberty had become a I will repeat.

favorite at court, as the Duke of Albernarle, had taken great pains to procure his conviction, having resorted to threats and bribes, but without effect,

Captain Linn to bear false te