The History of England in Three Volumes, Vol. I., Part E.: From Charles I. to Cromwell
David Hume · en
The king came to the house of lords: and though he expressed his
resolution, for which he offered them any security, never again to
employ Strafford in any branch of public business, he professed himself
totally dissatisfied with regard to the circumstance of treason, and on
that account declared his difficulty in giving his assent to the bill
of attainder.[****] The commons took fire, and voted it a breach of
privilege for the king to take notice of any bill depending before the
houses, Charles did not perceive that his attachment to Strafford was
the chief motive for the bill; and that the greater proofs he gave of
anxious concern for this minister, the more inevitable did he render his
destruction.
About eighty peers had constantly attended Strafford's trial; but such
apprehensions were entertained on account of the popular tumults, that
only forty-five were present when the bill of attainder was brought into
the house. Yet of these nineteen had the courage to vote against it;[v]
a certain proof that if entire freedom had been allowed, the bill had
been rejected by a great majority.
* Clarendon, vol. i. p. 252. Rush. vol. v. p. 241. Warwick,
p. 180.
** Dugdale, p. 69. Franklyn, p. 901.
*** Sir Edward Walker p. 349.
**** Rush. vol. v. p. 239.
v Whitlocke, p. 43.
In carrying up the bill to the lords, St. John, the solicitor-general,
advanced two topics well suited to the fury of the times; that though
the testimony against Strafford were not clear, yet, in this way of
bill, private satisfaction to each man's conscience was sufficient, even
should no evidence at all be produced; and that the earl had no title to
plead law, because he had broken the law. It is true, added he, we give
law to hares and deer, for they are beasts of chase: but it was never
accounted either cruel or unfair to destroy foxes or wolves wherever
they can be found, for they are beasts of prey.[*]