The History of England from the First Invasion by the Romans to the Accession of King George the Fifth. Volume 08 of 11.Belloc, Hilaire
History
The History of England from the First Invasion by the Romans to the Accession of King George the Fifth. Volume 08 of 11.
Belloc, Hilaire
Great Britain -- History
hearing the evidence against him, together with his answers. Some days
later[a] he was recalled, and suffered to speak in his own defence. After
his departure, Brown made a long reply; and the house, without further
consideration, passed[b] the bill of attainder, and adjudged him to suffer
the penalties of treason.[1] The reader will not fail to observe this
flagrant perversion of the forms of justice. It was not as in the case of
the earl of Strafford. The commons had not been present at the trial
of Laud; they had not heard the evidence, they had not even read the
depositions of the witnesses; they pronounced judgment on the credit of
the unsworn and partial statement made by their own advocate. Such a
proceeding, so subversive of right and equity, would have been highly
reprehensible in any court or class of men; it deserved the severest
reprobation in that house, the members of which professed themselves the
champions of freedom, and were actually in arms against the sovereign, to
preserve, as they maintained, the laws, the rights, and the liberties of
the nation.
To quicken the tardy proceedings of the Peers, the enemies of the
archbishop had recourse to their usual expedients. Their emissaries
lamented the delay in the punishment of delinquents, and the want of
unanimity between the two houses. It was artfully suggested as a remedy,
that both the Lords and Commons ought to sit and vote together in one
assembly; and a petition, embodying these different subjects, was prepared
and circulated for signatures through the city. Such manoeuvres aroused the
spirit of the Peers. They threatened[c] to punish all disturbers
[Footnote 1: Journals, Oct. 31, Nov. 2, 11, 16. Laud's History, 432-440.
Rushworth, v. 780.]
[Sidenote a: A.D. 1644. Nov. 11.]
[Sidenote b: A.D. 1644. Nov. 13.]
[Sidenote c: A.D. 1644. Nov. 28.]
of the peace; they replied with dignity to an insulting message from the
Commons; and, regardless of the clamours of the populace, they spent
several days in comparing the proofs of the managers with the defence of
the archbishop. At last,[a] in a house of fourteen members, the majority
pronounced him guilty of certain acts, but called upon the judges to
determine the quality of the offence; who warily replied, that nothing of
which he had been convicted was treason by the statute law; what it might
be by the law of parliament, the house alone was the proper judge. In these
circumstances the Lords informed the Commons, that till their consciences
were satisfied, they should "scruple" to pass the bill of attainder.[1]
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