Pym therefore put in the verified copy of the paper, for the paper itself having been laid on the table of the committee of the commons, had been purloined, and was never afterwards recovered. That in the possession of Charles was in the handwriting of Digby, which brought him under suspicion. Pym contended that the evidence of the minute itself, and that of Sir Henry Vane, amounted to the required proofs of the law, being two witnesses against the earl. The lord steward, Arundel, then called on Strafford to say whether he had any observations to make on this additional proof, and he replied most eloquently, demanding:—
"Where has this species of guilt lain so long concealed? Where has this fire been so long buried during so many centuries, that no smoke should appear till it burst out at once, to consume me and my children? Better it were to live under no law at all, than to fancy we have a law on which we can rely, and find at last that this law preceded its promulgation, and try us by maxims unheard of till the moment of the prosecution. If I sail on the Thames, and split my vessel on an anchor, in case there be no buoy to give warning, the party shall pay me damages; but if the anchor be marked out, then is the striking on it at my own peril. But where is the mark set upon this crime? Where the token by which I should discover it?
"It is now full two hundred and forty years since treasons were defined, and so long has it been since any man was touched to this extent upon this crime before myself. We have lived, my lords, happily to ourselves at home; we have lived gloriously abroad in the world; let us be content with what our fathers have left us; let not an ambition carry us to be more learned than they were in these killing and destructive acts. My lords, be pleased to give that regard to the peerage of England, as never to expose yourselves to such moot points, such constructive interpretations of law. If there must be a trial of wits, let the subject matter be of somewhat else than the lives and honours of peers. It will be wisdom for yourselves, for your posterity, and for the whole kingdom, to cast into the fire these bloody and mysterious volumes of constructive and arbitrary treason, as the primitive Christians did their books of curious arts, and betake yourselves to the plain letter of the statute, which tells you where the crime is, and points out the path by which you may avoid it.
"Let us not, to our own destruction, awake these sleeping lions, by raking up a company of old records which have lain for so many ages by the wall, forgotten and neglected. To all my afflictions, add not this, my lords, the most severe of any, that I for my other sins—not for my treasons—be the means of introducing a precedent so pernicious, that in a few years the kingdom will be in the condition expressed in a statute of Henry IV., that no man shall know by what rule to govern his words and actions. These gentlemen at the bar say that they speak for the commonwealth against my arbitrary acts, and they believe so; but under favour, it is I who speak for the commonwealth against their arbitrary treason.
"Impose not, my lords, difficulties insurmountable upon ministers of state, nor disable them, after serving with cheerfulness their king and country. If you examine them. and under such severe penalties, by every grain, by every little weight, the scrutiny will be intolerable. The public affairs of this kingdom must be left waste, and no wise man, who has any honour or fortune to lose, will ever engage himself in such dreadful such unknown perils.
"My lords, I have now troubled your lordships a great deal longer than I should have done, were it not for the interest of these pledges which a saint in heaven left me. I should be loth "here he pointed to his children, and his weeping stopped him. "What I forfeit for myself is nothing, but that my indiscretion should extend to my posterity, I confess, wounds me very deeply. You will be pleased to pardon my importunity. Something I should have said, but I see I shall not be able, and therefore I shall leave it. And now, my lords, I thank God that I have been by his blessing sufficiently instructed in the vanity of all temporary enjoyments, compared to the importance of an eternal duration. And so, my lords, even so with all tranquillity of mind, I submit clearly and freely to your judgment; and whether that righteous doom shall be life or death, I shall repose myself, full of gratitude and confidence, in the arms of the great Author of my existence—'In te Domiiic confudo: non confundar in æternum.'
What the effect of this address must have been on the audience generally, may be inferred from the observations of Whitelock, the chairman of the committee which was conducting the prosecution:—"Certainly, never any man acted such a part on such a theatre, with more wisdom, constancy, and eloquence; with greater reason, judgment, and temper; and with a better grace in all his words and actions, than did this great and excellent person, so that he moved the hearts of all his auditors, some few excepted, to remorse and pity."
The commons were alarmed at the effect of the trial. The production of Vane's paper had been a blow enough to have sunk another man, but the extraordinary eloquence and address of Strafford seemed to have effaced even that; they had little faith in procuring a verdict from the lords in their present course, and they resolved to change their plan, and proceed against the offender by a bill of attainder. They have been accused of adopting the arbitrary measures of Henry VIII. in so doing, and of depriving Strafford of the fair influence of his trial; but we, who enjoy the benefit of their deed, ought not to join in that cry. Strafford was guilty, if ever man was, of the most atrocious attempt that a man can entertain—that of destroying the liberties of his country. The laws had been so framed, from royal bias, as not duly to designate his crime; but not for that, nor for any temporary feeling of pity raised by his admirable defence, did these patriots mean to allow of his escape.
There were, moreover, other causes which made the commons press on the punishment of Strafford. The discovery had been made that the king and courtiers were contriving the escape of the prisoner from the Tower. The scheme was, that a hundred and twenty soldiers should be introduced into the fortress, where, there being no other guard than the servants of the lieutenant, they would be able to take possession, and effect the earl's escape; or they might, by the king's order, remove him to another prison, and admit of his escape by the way. Vessels were in
