This committee, by direction from both houses, took an oath of secrecy; a practice very unusual, and which gave them the appearance of conspirators, more than ministers of justice.[**] But the intention of this strictness was, to render it more difficult for the earl to elude their search, or prepare for his justification.
Application was made to the king, that he would allow this committee to examine privy counsellors with regard to opinions delivered at the board: a concession which Charles unwarily made, and which thenceforth banished all mutual confidence from the deliberations of council; where every man is supposed to have entire freedom, without fear of future punishment or inquiry, of proposing any expedient, questioning any opinion, or supporting any argument.[***]
Sir George Ratcliffe, the earl’s intimate friend and confidant, was accused of high treason, sent for from Ireland, and committed to close custody. As no charge ever appeared or was prosecuted against him, it is impossible to give a more charitable interpretation to this measure, than that the commons thereby intended to deprive Strafford, in his present distress, of the assistance of his best friend, who was most enabled, by his testimony, to justify the innocence of his patron’s conduct and behavior.[****]
* Clarendon, vol. i. p. 192.
** Whitlocke, p. 37.
*** Clarendon, vol. i. p. 193.
**** Clarendon, vol. i. p 214.
When intelligence arrived in Ireland of the plans laid for Stafford’s ruin, the Irish house of commons, though they had very lately bestowed ample praises on his administration, entered into all the violent counsels against him, and prepared a representation of the miserable state into which, by his misconduct, they supposed the kingdom to be fallen. They sent over a committee to London, to assist in the prosecution of their unfortunate governor; and by intimations from this committee, who entered into close confederacy with the popular leaders in England, was every measure of the Irish parliament governed and directed. Impeachments, which were never prosecuted, were carried up against Sir Richard Bolton, the chancellor, Sir Gerard Louther, chief justice, and Bramhall, bishop of Derry.[*] This step, which was an exact counterpart to the proceedings in England, served also the same purposes: it deprived the king of the ministers whom he most trusted; it discouraged and terrified all the other ministers and it prevented those persons who were best acquainted with Strafford’s counsels from giving evidence in his favor before the English parliament.
1641.
The bishops, being forbidden by the ancient canons to assist in trials for life, and being unwilling by any opposition to irritate the commons, who were already much prejudiced against them, thought proper of themselves to withdraw.[**] The commons also voted, that the new-created peers ought to have no voice in this trial; because the accusation being agreed to while they were commoners, their consent to it was implied with that of all the commons of England. Notwithstanding this decision, which was meant only to deprive Strafford of so many friends, Lord Seymour and some others still continued to keep their seat; nor was their right to it any further questioned.[***]
To bestow the greater solemnity on this important trial scaffolds were erected in Westminster Hall; where both houses sat, the one as accusers, the other as judges. Besides the chair of state, a close gallery was prepared for the king and queen, who attended during the whole trial.[****]
* Rush. vol. v. p. 214.
** Clarendon, vol. i. p 216.
*** Clarendon, vol. i. p. 216.
****Whitlocke, p. 40. Rush. vol. iv. p. 11., May. p. 90.
An accusation carried on by the united effort of three kingdoms against one man, unprotected by power, unassisted by counsel, discountenanced by authority, was likely to prove a very unequal contest; yet such were the capacity, genius presence of mind, displayed by this magnanimous statesman, that, while argument, and reason, and law had any place, he obtained an undisputed victory. And *he perished at last, overwhelmed, and still unsubdued, by the open violence of his fierce and unrelenting antagonists.