The Commons heard this in silence; but they derived [A.D. 1641] from it the impression that if Strafford was to be condemned it must be by their own action. When they came back to their bill, they at once entered on the question whether in fact the intention to overthrow the laws could be regarded as treason. Selden observed that according to the statute there was only one intention, that namely of killing the king, which could be treated as high treason. Even the purpose of taking up arms against him was legally not high treason: how then could an attempt to overthrow the laws be so regarded? In reply it was urged, among other points, that the reason why the intention to kill the king was treason was that it implied the overthrow of the laws. Finally it was resolved that the attempt to overthrow the laws should be treated as treason. Once more the actual charges against Strafford were discussed. The Commons took as sufficiently proven his acts of violence in Ireland, his support of the war against the Scots, finally his expressions about the dissolution of the last Parliament. But in general they did not attach much importance to legal evidence on the separate points. As a member said, we do not ask how many inches are required that a man should be called big or little--the sight determines that: so it is in the present case, we do not enquire how many unlawful acts will establish a charge of high treason, we all know that it has been committed. Once more Lord Digby, at an earlier period one of Strafford’s bitterest opponents, rose to defend him. Once more he declared him to be the most dangerous man in England, and his intention to introduce arbitrary government into the country to be undoubted; but the intention imputed to him, of subjugating England with Irish troops, was unproved, and he could not fairly be condemned as a traitor. He ventured to say that this would be to commit a judicial murder. With all his eloquence he only succeeded in rendering himself an object of suspicion. By 204 votes against 59 the Bill of Attainder passed the Lower House[232].