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.
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.
It was in accordance with this routine that the Commons commenced proceedings against the Earl of Strafford, very soon after the opening of the session, by appointing a committee to inquire whether there was any just cause to accuse him of treason. The committee reported to the House that there was just cause. The House then appointed a messenger to go to the House of Lords, saying that they had found that there was just cause to accuse the Earl of Strafford of high treason, and to ask that they would sequester him from the House, as the phrase was, and hold him in custody till they could prepare the charges and the evidence against him. All these proceedings were in secret session, in order that Strafford might not get warning and fly. The Commons then nearly all accompanied their messenger to the House of Lords, to show how much in earnest they were. The Lords complied with the request. They caused the earl to be arrested and committed to the charge of the usher of the black rod, and sent two officers to the Commons to inform them that they had done so.
The usher of the black rod is a very important officer of the House of Lords. He is a sort of sheriff, to execute the various behests of the House, having officers to serve under him for this purpose. The badge of his office has been, for centuries, a black rod with a golden lion at the upper end, which is borne before him as the emblem of his authority. A peer of the realm, when charged with treason, is committed to the custody of this officer. In this case he took the Earl of Strafford under his charge, and kept him at his house, properly guarded. The Commons went on preparing the articles of impeachment.
This was in November. During the winter following the parties struggled one against another, Laud doing all in his power to strengthen the position of the king, and to avert the dangers which threatened himself and Strafford. The animosity, however, which was felt against him, was steadily increasing. The House of Commons did many things to discountenance the rites and usages of the Episcopal Church, and to make them odious. The excitement among the populace increased, and mobs began to interfere with the service in some of the churches in London and Westminster. At last a mob of five hundred persons assembled around the archbishop's palace at Lambeth.[E] This palace, as has been before stated, is on the bank of the Thames, just above London, opposite to Westminster. The mob were there for two hours, beating at the doors and windows in an attempt to force admission, but in vain. The palace was very strongly guarded, and the mob were at length repulsed. One of the ringleaders was taken and hanged.
[Footnote E: See view of this palace on page 133.]
One would have thought that this sort of persecution would have awakened some sympathy in the archbishop's favor; but it was too late. He had been bearing down so mercilessly himself upon the people of England for so many years, suppressing, by the severest measures, all expressions of discontent, that the hatred had become entirely uncontrollable. Its breaking out at one point only promoted its breaking out in another. The House of Commons sent a messenger to the House of Lords, as they had done in the case of Strafford, saying that they had found good cause to accuse the Archbishop of Canterbury of treason, and asked that he might be sequestered from the House, and held in custody till they could prepare their charges, and the evidence to sustain them.
The archbishop was at that time in his seat. He was directed to withdraw. Before leaving the chamber he asked leave to say a few words. Permission was granted, and he said in substance that he was truly sorry to have awakened in the hearts of his countrymen such a degree of displeasure as was obviously excited against him. He was most unhappy to have lived to see the day in which he was made subject to a charge of treason. He begged their lordships to look at the whole course of his life, and he was sure that they would be convinced that there was not a single member of the House of Commons who could really think him guilty of such a charge.
Here one of the lords interrupted him to say that by speaking in that manner he was uttering slander against the House of Commons, charging them with solemnly bringing accusations which they did not believe to be true. The archbishop then said, that if the charge must be entertained, he hoped that he should have a fair trial, according to the ancient Parliamentary usages of the realm. Another of the lords interrupted him again, saying that such a remark was improper, as it was not for him to prescribe the manner in which the proceedings should be conducted. He then withdrew, while the House should consider what course to take. Presently he was summoned back to the bar of the House, and there committed to the charge of the usher of the black rod. The usher conducted him to his house, and he was kept there for ten weeks in close confinement.
At last the time for the trial of Strafford came on, while Laud was in confinement. The interest felt in the trial was deep and universal. There were three kingdoms, as it were, combined against one man. Various measures were resorted to by the Commons to diminish the possibility that the accused should escape conviction. Some of them have since been thought to be unjust and cruel. For example, several persons who were strong friends of Strafford, and who, as was supposed, might offer testimony in his favor, were charged with treason and confined in prison until the trial was over. The Commons appointed thirteen persons to manage the prosecution. These persons were many months preparing the charges and the evidence, keeping their whole proceedings profoundly secret during all the time. At last the day approached, and Westminster Hall was fitted up and prepared to be the scene of the trial.