CHAPTER VIII.

DOWNFALL OF STRAFFORD AND LAUD

1640-1641

Opening of the new Parliament.--The king's speech.--Attacks on

Strafford and Laud.--Speeches against them.--Feelings of

hostility.--Bill of attainder.--Mode of proceeding.--The

trial.--Proceedings against Strafford.--Arrest of Strafford.--Usher of

the black rod.--Laud threatened with violence.--Arrest of Laud on the

charge of treason.--Laud's speech.--His confinement.--Trial of

Strafford.--Unjust conduct of the Commons.--Arrangements at

Westminster Hall.--Charges.--Imposing scene.--Strafford's able and

eloquent defense.--The charge of treason a mere pretext.--Vote on the

bill of attainder.--Interposition of the king.--Clamor of the

populace.--Condemnation.--The king hesitates about signing the

bill.--The Tower.--Strafford's letter to the king.--The king signs the

bill.--Strafford's surprise.--The king asks mercy for

Strafford.--Mercy refused.--Strafford's message to Laud.--Composure of

Strafford.--His execution.--Execution of Laud.--His firmness.

The Parliament assembled in November, 1640. The king proceeded to

London to attend it. He left Strafford in command of the army at York.

Active hostilities had been suspended, as a sort of temporary truce

had been concluded with the Scots, to prepare the way for a final

treaty. Strafford had been entirely opposed to this, being still full

of energy and courage. The king, however, began to feel alarmed. He

went to London to meet the Parliament which he had summoned, but he

was prepared to meet them in a very different spirit from that which

he had manifested on former occasions. He even gave up all the

external circumstances of pomp and parade with which the opening of

Parliament had usually been attended. He had been accustomed to go to

the House of Lords in state, with a numerous retinue and great parade.

Now he was conveyed from his palace along the river in a barge, in a

quiet and unostentatious manner. His opening speech, too, was

moderate and conciliatory. In a word, it was pretty evident to the

Commons that the proud and haughty spirit of their royal master was

beginning to be pretty effectually humbled.

Of course, now, in proportion as the king should falter, the Commons

would grow bold. The House immediately began to attack Laud and

Strafford in their speeches. It is the theory of the British

Constitution that the king can do no wrong; whatever criminality at

any time attaches to the acts of his administration, belongs to his

_advisers_, not to himself. The speakers condemned, in most decided

terms, the arbitrary and tyrannical course which the government had

pursued during the intermission of Parliaments, but charged it all,

not to the king, but to Strafford and Laud. Strafford had been, as

they considered, the responsible person in civil and military affairs,

and Laud in those of the Church. These speeches were made to try the

temper of the House and of the country, and see whether there was

hostility enough to Laud and Strafford in the House and in the

country, and boldness enough in the expression of it, to warrant their

impeachment.

The attacks thus made in the House against the two ministers were

made very soon. Within a week after the opening of Parliament, one of

the members, after declaiming a long time against the encroachments

and tyranny of Archbishop Laud, whose title, according to English

usage, was "his Grace," said he hoped that, before the year ran round,

his grace would either have more grace or no grace at all; "for," he

added, "our manifold griefs do fill a mighty and vast circumference,

yet in such a manner that from every part our lines of sorrow do meet

in him, and point at him the center, from whence our miseries in this

Church, and many of them in the Commonwealth, do flow." He said, also,

that if they must submit to a pope, he would rather obey one that was

as far off as the Tiber, than to have him come as near as the Thames.

Similar denunciations were made against Strafford, and they awakened

no opposition. On the contrary, it was found that the feeling of

hostility against both the ministers was so universal and so strong,

that the leaders began to think seriously of an impeachment on a

charge of high treason. High treason is the greatest crime known to

the English law, and the punishment for it, especially in the case of

a peer of the realm, is very terrible. This punishment was generally

inflicted by what was called a bill of attainder, which brought with

it the worst of penalties. It implied the perfect destruction of the

criminal in every sense. He was to lose his life by having his head

cut off upon a block. His body, according to the strict letter of the

law, was to be mutilated in a manner too shocking to be here

described. His children were disinherited, and his property all

forfeited. This was considered as the consequence of the _attainting_

of the blood, which rendered it corrupt, and incapable of transmitting

an inheritance. In fact, it was the intention of the bill of attainder

to brand the wretched object of it with complete and perpetual infamy.

The proceedings, too, in the impeachment and trial of a high minister

of state, were always very imposing and solemn. The impeachment must

be moved by the Commons, and tried by the Peers. A peer of the realm

could be tried by no inferior tribunal. When the Commons proposed

bringing articles of impeachment against an officer of state, they

sent first a messenger to the House of Peers to ask them to arrest the

person whom they intended to accuse, and to hold him for trial until

they should have their articles prepared. The House of Peers would

comply with this request, and a time would be appointed for the trial.

The Commons would frame the charges, and appoint a certain number of

their members to manage the prosecution. They would collect evidence,

and get every thing ready for the trial. When the time arrived, the

chamber of the House of Peers would be arranged as a court room, or

they would assemble in some other hall more suitable for the purpose,

the prisoner would be brought to the bar, the commissioners on the

part of the Commons would appear with their documents and their

evidence, persons of distinction would assemble to listen to the

proceedings, and the trial would go on.

It was in accordance with this routine that the Commons commenced

proceedings against the Earl of Strafford, very soon after the opening

of the session, by appointing a committee to inquire whether there was

any just cause to accuse him of treason. The committee reported to the

House that there was just cause. The House then appointed a messenger

to go to the House of Lords, saying that they had found that there was

just cause to accuse the Earl of Strafford of high treason, and to

ask that they would sequester him from the House, as the phrase was,

and hold him in custody till they could prepare the charges and the

evidence against him. All these proceedings were in secret session, in

order that Strafford might not get warning and fly. The Commons then

nearly all accompanied their messenger to the House of Lords, to show

how much in earnest they were. The Lords complied with the request.

They caused the earl to be arrested and committed to the charge of the

_usher of the black rod_, and sent two officers to the Commons to

inform them that they had done so.

The usher of the black rod is a very important officer of the House of

Lords. He is a sort of sheriff, to execute the various behests of the

House, having officers to serve under him for this purpose. The badge

of his office has been, for centuries, a black rod with a golden lion

at the upper end, which is borne before him as the emblem of his

authority. A peer of the realm, when charged with treason, is

committed to the custody of this officer. In this case he took the

Earl of Strafford under his charge, and kept him at his house,

properly guarded. The Commons went on preparing the articles of

impeachment.

This was in November. During the winter following the parties

struggled one against another, Laud doing all in his power to

strengthen the position of the king, and to avert the dangers which

threatened himself and Strafford. The animosity, however, which was

felt against him, was steadily increasing. The House of Commons did

many things to discountenance the rites and usages of the Episcopal

Church, and to make them odious. The excitement among the populace

increased, and mobs began to interfere with the service in some of the

churches in London and Westminster. At last a mob of five hundred

persons assembled around the archbishop's palace at Lambeth.[E] This

palace, as has been before stated, is on the bank of the Thames, just

above London, opposite to Westminster. The mob were there for two

hours, beating at the doors and windows in an attempt to force

admission, but in vain. The palace was very strongly guarded, and the

mob were at length repulsed. One of the ringleaders was taken and

hanged.

[Footnote E: See view of this palace on page 133.]

One would have thought that this sort of persecution would have

awakened some sympathy in the archbishop's favor; but it was too

late. He had been bearing down so mercilessly himself upon the people

of England for so many years, suppressing, by the severest measures,

all expressions of discontent, that the hatred had become entirely

uncontrollable. Its breaking out at one point only promoted its

breaking out in another. The House of Commons sent a messenger to the

House of Lords, as they had done in the case of Strafford, saying that

they had found good cause to accuse the Archbishop of Canterbury of

treason, and asked that he might be sequestered from the House, and

held in custody till they could prepare their charges, and the

evidence to sustain them.

The archbishop was at that time in his seat. He was directed to

withdraw. Before leaving the chamber he asked leave to say a few

words. Permission was granted, and he said in substance that he was

truly sorry to have awakened in the hearts of his countrymen such a

degree of displeasure as was obviously excited against him. He was

most unhappy to have lived to see the day in which he was made subject

to a charge of treason. He begged their lordships to look at the whole

course of his life, and he was sure that they would be convinced that

there was not a single member of the House of Commons who could really

think him guilty of such a charge.

Here one of the lords interrupted him to say that by speaking in that

manner he was uttering slander against the House of Commons, charging

them with solemnly bringing accusations which they did not believe to

be true. The archbishop then said, that if the charge must be

entertained, he hoped that he should have a fair trial, according to

the ancient Parliamentary usages of the realm. Another of the lords

interrupted him again, saying that such a remark was improper, as it

was not for him to prescribe the manner in which the proceedings

should be conducted. He then withdrew, while the House should consider

what course to take. Presently he was summoned back to the bar of the

House, and there committed to the charge of the usher of the black

rod. The usher conducted him to his house, and he was kept there for

ten weeks in close confinement.

At last the time for the trial of Strafford came on, while Laud was in

confinement. The interest felt in the trial was deep and universal.

There were three kingdoms, as it were, combined against one man.

Various measures were resorted to by the Commons to diminish the

possibility that the accused should escape conviction. Some of them

have since been thought to be unjust and cruel. For example, several

persons who were strong friends of Strafford, and who, as was

supposed, might offer testimony in his favor, were charged with

treason and confined in prison until the trial was over. The Commons

appointed thirteen persons to manage the prosecution. These persons

were many months preparing the charges and the evidence, keeping their

whole proceedings profoundly secret during all the time. At last the

day approached, and Westminster Hall was fitted up and prepared to be

the scene of the trial.

[Illustration: WESTMINSTER HALL]

Westminster Hall has the name of being the largest room whose roof is

not supported by pillars, in Europe. It stands in the region of the

palaces and the Houses of Parliament at Westminster, and has been for

seven centuries the scene of pageants and ceremonies without number.

It is said that ten thousand persons have been accommodated in it at a

banquet.[F] This great room was fitted up for the trial. Seats were

provided for both houses of Parliament; for the Commons were to be

present as accusers, and the Lords as the court. There was, as usual,

a chair of state, or throne, for the king, as a matter of form. There

was also a private gallery, screened from the observation of the

spectators, where the king and queen could sit and witness the

proceedings. They attended during the whole trial.

[Footnote F: It is two hundred and seventy feet long, seventy-five

wide, and ninety high.]

One would have supposed that the deliberate solemnity of these

preparations would have calmed the animosity of Strafford's enemies,

and led them to be satisfied at last with something less than his

utter destruction. But this seems not to have been the effect. The

terrible hostilities which had been gathering strength so long, seemed

to rage all the more fiercely now that there was a prospect of their

gratification. And yet it was very hard to find any thing sufficiently

distinct and tangible against the accused to warrant his conviction.

The commissioners who had been appointed to manage the case divided

the charges among them. When the trial commenced, they stated and

urged these charges in succession. Strafford, who had not known

beforehand what they were to be, replied to them, one by one, with

calmness and composure, and yet with great eloquence and power. The

extraordinary abilities which he had shown through the whole course of

his life, seemed to shine out with increased splendor amid the awful

solemnities which were now darkening its close. He was firm and

undaunted, and yet respectful and submissive. The natural excitements

of the occasion; the imposing assembly; the breathless attention; the

magnificent hall; the consciousness that the opposition which he was

struggling to stem before that great tribunal was the combined

hostility of three kingdoms, and that the torrent was flowing from a

reservoir which had been accumulating for many years; and that the

whole civilized world were looking on with great interest to watch the

result; and perhaps, more than all, that he was in the unseen presence

of his sovereign, whom he was accustomed to look upon as the greatest

personage on earth; these, and the other circumstances of the scene,

filled his mind with strong emotions, and gave animation, and energy,

and a lofty eloquence to all that he said.

The trial lasted eighteen days, the excitement increasing consistently

to the end. There was nothing proved which could with any propriety

be considered as treason. He had managed the government, it is true,

with one set of views in respect to the absolute prerogatives and

powers of the king, while those who now were in possession of power

held opposite views, and they considered it a matter of necessity that

he should die. The charge of treason was a pretext to bring the case

somewhat within the reach of the formalities of law. It is one of the

necessary incidents of all governmental systems founded on force, and

not on the consent of the governed, that when great and fundamental

questions of policy arise, they often bring the country to a crisis in

which there can be no real settlement of the dispute without the

absolute destruction of one party or the other. It was so now, as the

popular leaders supposed. They had determined that stern necessity

required that Laud and Strafford must die; and the only object of

going through the formality of a trial was to soften the violence of

the proceeding a little, by doing all that could be done toward

establishing a legal justification of the deed.

The trial, as has been said, lasted eighteen days. During all this

time, the leaders were not content with simply urging the proceedings

forward energetically in Westminster Hall. They were maneuvering and

managing in every possible way to secure the final vote. But,

notwithstanding this, Strafford's defense was so able, and the failure

to make out the charge of treason against him was so clear, that it

was doubtful what the result would be. Accordingly, without waiting

for the decision of the Peers on the impeachment, a bill of attainder

against the earl was brought forward in the House of Commons. This

bill of attainder was passed by a large majority--yeas 204, nays 59.

It was then sent to the House of Lords. The Lords were very unwilling

to pass it.

While they were debating it, the king sent a message to them to say

that in his opinion the earl had not been guilty of treason, or of any

attempt to subvert the laws; and that several things which had been

alleged in the trial, and on which the bill of attainder chiefly

rested, were not true. He was willing, however, if it would satisfy

the enemies of the earl, to have him convicted of a misdemeanor, and

made incapable of holding any public office from that time; but he

protested against his being punished by a bill of attainder on a

charge of treason.

This interposition of the king in Strafford's favor awakened loud

expressions of displeasure. They called it an interference with the

action of one of the houses of Parliament. The enemies of Strafford

created a great excitement against him out of doors. They raised

clamorous calls for his execution, among the populace. The people made

black lists of the names of persons who were in the earl's favor, and

posted them up in public places, calling such persons Straffordians,

and threatening them with public vengeance. The Lords, who would have

been willing to have saved Strafford's life if they had dared, began

to find that they could not do so without endangering their own. When

at last the vote came to be taken in the House of Lords, out of eighty

members who had been present at the trial, only forty-six were present

to vote, and the bill was passed by a vote of thirty-five to eleven.

The thirty-four who were absent were probably all against the bill,

but were afraid to appear.

The responsibility now devolved upon the king. An act of Parliament

must be signed by the king. He really enacts it. The action of the two

houses is, in theory, only a recommendation of the measure to him. The

king was determined on no account to give his consent to Strafford's

condemnation. He, however, laid the subject before his Privy Council.

They, after deliberating upon it, recommended that he should sign the

bill. Nothing else, they said, could allay the terrible storm which

was raging, and the king ought to prefer the peace and safety of the

realm to the life of any one man, however innocent he might be. The

populace, in the mean time, crowded around the king's palace at

Whitehall, calling out "_Justice! justice!_" and filling the air with

threats and imprecations; and preachers in their pulpits urged the

necessity of punishing offenders, and descanted on the iniquity which

those magistrates committed who allowed great transgressors to escape

the penalty due for their crimes.

The queen, too, was alarmed. She begged the king, with tears, not any

longer to attempt to withstand the torrent which threatened to sweep

them all away in its fury. While things were in this state, Charles

received a letter from Strafford in the Tower, expressing his consent,

and even his request, that the king should yield and sign the bill.

The Tower of London is very celebrated in English history. Though

called simply by the name of the Tower, it is, in fact, as will be

seen by the engraving in the frontispiece, an extended group of

buildings, which are of all ages, sizes, and shapes, and covering an

extensive area. It is situated below the city of London, having been

originally built as a fortification for the defense of the city. Its

use for this purpose has, however, long since passed away.

Strafford said, in his letter to the king,

"To set your Majesty's conscience at Liberty, I do most humbly

beseech your Majesty for Prevention of Evils, which may happen by

your Refusal, to pass this Bill. Sir, My Consent shall more

acquit you herein to God, than all the World can do besides; To a

willing Man there is no Injury done; and as by God's Grace, I

forgive all the World, with a calmness and Meekness of infinite

Contentment to my dislodging Soul, so, Sir, to you I can give the

Life of this World with all the cheerfulness imaginable, in the

just Acknowledgment of your exceeding Favors; and only beg that

in your Goodness you would vouchsafe to cast your gracious Regard

upon my poor Son and his three sisters, less or more, and no

otherwise than as their unfortunate Father may hereafter appear

more or less guilty of this Death. God long preserve your

Majesty."

On receiving this letter the king caused the bill to be signed. He

would not do it with his own hands, but commissioned two of his

council to do it in his name. He then sent a messenger to Strafford to

announce the decision, and to inform him that he must prepare to die.

The messenger observed that the earl seemed surprised; and after

hearing that the king had signed the bill, he quoted, in a tone of

despair, the words of Scripture, "Put not your trust in princes, nor

in the sons of men, for in them is no salvation." Historians have

thought it strange that Strafford should have expressed this

disappointment when he had himself requested the king to resist the

popular will no longer; and they infer from it that he was not sincere

in the request, but supposed that the king would regard it as an act

of nobleness and generosity on his part, that would render him more

unwilling than ever to consent to his destruction, and that he was

accordingly surprised and disappointed when he found that the king had

taken him at his word. It is said, however, by some historians, that

this letter was a forgery, and that it was written by some of

Strafford's enemies to lead the king to resist no longer. The reader,

by perusing the letter again, can perhaps form some judgment whether

such a document was more likely to have been fabricated by enemies, or

really written by the unhappy prisoner himself.

The king did not entirely give up the hope of saving his friend, even

after the bill of attainder was signed. He addressed the following

message to the House of Lords.

My Lords,--I did yesterday satisfy the Justice of this Kingdom by

passing the Bill of Attainder against the Earl of Strafford: but

Mercy being as inherent and inseparable to a King as Justice, I

desire at this time in some measure to show that likewise, by

suffering that unfortunate Man to fulfill the natural course of

his Life in a close Imprisonment: yet so, if ever he make the

least Offer to escape, or offer directly or indirectly to meddle

in any sort of public Business, especially with Me either by

Message or Letter, it shall cost him his Life without farther

Process. This, if it may be done without the Discontentment of my

People, will be an unspeakable Contentment to me.

"I will not say that your complying with me in this my intended

Mercy, shall make me more willing, but certainly 'twill make me

more cheerful in granting your just Grievances: But if no less

than his Life can satisfie my People, I must say Let justice be

done. Thus again recommending the consideration of my Intention

to you, I rest,

"Your Unalterable and Affectionate Friend,

"CHARLES R."

[Illustration: STRAFFORD AND LAUD]

The Lords were inexorable. Three days from the time of signing the

bill, arrangements were made for conducting the prisoner to the

scaffold. Laud, who had been his friend and fellow-laborer in the

king's service, was confined also in the Tower, awaiting his turn to

come to trial. They were not allowed to visit each other, but

Strafford sent word to Laud requesting him to be at his window at the

time when he was to pass, to bid him farewell, and to give him his

blessing. Laud accordingly appeared at the window, and Strafford, as

he passed, asked for the prelate's prayers and for his blessing. The

old man, for Laud was now nearly seventy years of age, attempted to

speak, but he could not command himself sufficiently to express what

he wished to say, and he fell back into the arms of his attendants.

"God protect you," said Strafford, and walked calmly on.

He went to the place of execution with the composure and courage of a

hero. He spoke freely to those around him, asserted his innocence,

sent messages to his absent friends, and said he was ready and willing

to die. The scaffold, in such executions as this, is a platform

slightly raised, with a block and chairs upon it, all covered with

black cloth. A part of the dress has to be removed just before the

execution, in order that the neck of the sufferer may be fully exposed

to the impending blow. Strafford made these preparations himself, and

said, as he did so, that he was in no wise afraid of death, but that

he should lay his head upon that block as cheerfully as he ever did

upon his pillow.

* * * * *

Charles found his position in no respect improved by the execution of

Strafford. The Commons, finding their influence and power increasing,

grew more and more bold, and were from this time so absorbed in the

events connected with the progress of their quarrel with the king,

that they left Laud to pine in his prison for about four years. They

then found time to act over again the solemn and awful scene of a

trial for treason before the House of Peers, the passing of a bill of

attainder, and an execution on Tower Hill. Laud was over seventy years

of age when the ax fell upon him. He submitted to his fate with a

calmness and heroism in keeping with his age and his character. He

said, in fact, that none of his enemies could be more desirous to send

him out of life than he was to go.

Charles I Makers of History · 第 8 / 11 章