History of King Charles the First of EnglandAbbott, Jacob
History
History of King Charles the First of England
Abbott, Jacob
Charles I, King of England, 1600-1649; Great Britain -- History -- Charles I, 1625-1649; Great Britain -- Kings and rulers -- Biography
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.
[Sidenote: Mode of proceeding.]
[Sidenote: The trial.]
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.
[Sidenote: Proceedings against Strafford.]
[Sidenote: Arrest of Strafford.]
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