A history of England principally in the seventeenth century, Volume 2 (of 6)Ranke, Leopold von
History
A history of England principally in the seventeenth century, Volume 2 (of 6)
Ranke, Leopold von
England -- Civilization -- 17th century; Great Britain -- History -- Stuarts, 1603-1714
There was no mistaking the fact that the whole produced a [A.D. 1641]
great impression on the Lords: the general voice inclined
to the side of Strafford. The skill and unconquerable
energy with which he defended himself against a whole
multitude of enemies had influenced in his favour the
feelings of the women especially, some of whom copied down
the heads of his defence. Stafford’s closing speech, in
which he summed up all these, produced a deep impression
on both friend and foe. It must in fact be reckoned as a
remarkable piece of forensic eloquence, for its thorough
discussion of single points, united with high and proud
pathos. After it there seemed little probability of
the accused being condemned by the Lords. The lawyers
declared it to be unjustifiable, since nothing was treason
except what was declared to be so by the express words of
the Statute of 25 Edward III. They would not hear of a
constructive proof, of which men spoke: even if it could be
proved that Strafford had contemplated the overthrow of the
law, that would after all be only felony and not treason.
Already it had been proposed in the Commons to try another
way to their end. It was recollected that in earlier times
men who had been impeached, and could not be convicted
under the ordinary forms, had been declared guilty by
the sentence of the legislative power, by a law in
parliamentary form (Bill of Attainder). And this proceeding
was deemed perfectly just, since Parliament was competent
to make laws to meet every possible case, and could at all
times define high treason[230]. On the introduction of
the supplementary protocol, the Lords seemed inclined to
accede to Strafford’s request that he on his side should
be allowed to bring forward new points. But the Commons
thought they saw in this undue favour to the accused:
one morning they quitted Westminster Hall with shouts of
stormy impatience. When they met in the afternoon for their
sitting the proposal to try that other course, which had
already been prepared, and was at once proceeded with, met
with a favourable reception: the Bill of Attainder was read [A.D. 1641]
for the first time. They did not blind themselves to the
danger of thus offending the Lords, and causing a breach
between the two Houses; but the sense of their own strength
was already so fully aroused that they did not shrink from
this: they rather let it appear that though the Commons
were not Strafford’s peers, but his accusers, they meant to
pass sentence upon him; they would declare him and all his
adherents to be traitors[231].
Public-domain text, read in full here on John Shaqi.
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