Some other important personages were accused with Strafford; but it was upon the latter that there was concentrated the vengeance of the triumphant party. Scotland and Ireland united themselves with England to overwhelm him with the proofs of his arbitrary rule. For nothing less than this league of three nations against the imprisoned minister could satisfy the feeling of hatred and apprehension among the people.
The House of Commons was henceforth master of the Government; commissioners taken from its midst alone had the right of administering the supplies which it voted, and the loans which it decreed in its own name. Political reforms, important and radical, succeeded each other almost without discussion, upon a simple exposition of grievances. The courts of exception were all abolished, and triennial Parliaments were voted. If the king failed in this duty, twelve peers of the kingdom assembled at Westminster were empowered to summon the Houses without his concurrence. Parliament could not be dissolved or adjourned without the approbation of the two Houses, at least for fifty years after its assembling. The king accepted the bill with ill-humor; but he attempted no resistance. He hoped, and he had some reason for hoping, for divisions among his enemies.
There was agreement upon political questions. Hampden, Pym, Hollis, Stapleton, moderate leaders of the Commons, were followed by Cromwell and Henry Martin, more violent, but as yet obscure. The divergences of feeling were made manifest when religious ground was touched. The question of the episcopacy, passionately attacked by the numerous Presbyterians in the House, was not yet resolved upon, and among the nation opinions were as various and conflicting as in the House. The friends of the king advised him to attach himself to the more moderate of the political chiefs, and to take advantage of the religious discussions which occupied the party. Secret negotiations were opened up; but, at the same time, through the intercession of the queen, Charles received proposals from a number of officers of the army, dissatisfied with the favor which Parliament manifested towards the Scots. Various advices, all menacing for the House, were discussed without any great effect and without any efficacious remedy. The king listened to all and often accorded his approbation. He even consented to affix the initial of his name to the petition which the army was to deposit upon the table of the Houses. The petition was not presented; but the chiefs of the popular party were apprised of it. Silently and without breaking off their negotiations with the king, they resolutely adopted a determination to unite themselves with the fanatical Presbyterians, and to ruin Strafford. The trial of the earl began.
The Commons of England were the prosecutors, supported by the commissioners of Scotland and Ireland. Eighty peers were present as judges. The bishops, yielding to the desire of the Commons, excused themselves against their wish. The king and queen were there, "in a closed gallery, eager to see all, but concealing, the one his anguish, the other her curiosity." The crowd of spectators was immense.
The accused arrived without suffering any insult from the multitude. "As he passed, his frame prematurely bent slightly by sickness, but with the proud and brilliant look that had distinguished his youth, all raised their hats, and he bowed courteously, looking upon this attitude of the people as of good augury." He was full of hope and did not doubt the happy issue of his trial. He was soon undeceived.
For seventeen days he sustained his cause without aid against thirteen accusers. The most odious impediments embarrassed his defense; but the earl manifested neither bitterness nor anger. He simply claimed his right, thanking his judges if they consented to recognize it, forbearing from complaining of their refusal, and replying to his enemies that they were provoked to anger by the delay arising from his skillful resistance. "It is as much my business, I think, to defend my life, as for any other to attack it." The Commons trembled with rage, for Strafford was gaining the ascendancy. The examination into the facts cleared the earl of the charge of high treason. The text of the law, and the steadfast ability of the accused had triumphed over all the obstacles opposed to the defense. Sir Arthur Haslerig proposed to declare Strafford guilty by an act of Parliament, and to condemn him by a bill of attainder. This proceeding was more violent and arbitrary than the greater number of the acts with which Strafford was so loudly reproached; but passion easily blinds even the most sincere. The bill, resting upon certain notes of Strafford delivered by the son of Sir Henry Vane, at once obtained a first reading. This time, Strafford was accused of having advised the king to make use of the army of Ireland to subjugate England. "Some thought they sacrificed law to justice, others, justice to necessity."
The regular trial meanwhile continued. Before his counsel began to speak to the question of right, Strafford summed up his defense himself with admirable eloquence. "My Lords," he said in conclusion, "your ancestors have carefully bound with the chains of our statute law, these terrible accusations of high treason; do not be ambitious of being more learned in the art of killing than our fore-fathers. Let us not awaken those sleeping lions to our destruction, by raking up a few musty records that have lain by the walls so many ages forgotten or neglected. I have troubled you, my Lords, longer than I should have done; were it not for the interest of those pledges that a saint in heaven left me … (at these words he stopped, burst into tears, and immediately raising his head, continued) I would not give myself so much trouble to defend this body already falling into decay, and burdened with so many infirmities, that of a truth I have little pleasure in bearing the burden of it any longer … (he stopped, as if in search of an idea): My Lords (he resumed), you will pardon my infirmity of weeping, I should have added, but am not able, therefore let it pass. And so, my Lords, even so, with all tranquillity of mind, I freely submit myself to your judgment, and whether that judgment be of life or death, Te Deum laudamus."
Compassion and admiration moved the most implacable enemies of the earl. Pym, in agitation, sought in vain for the paper upon which he had written his reply. None gave ear to him, and the accuser hastened to conclude his speech, vexed and confused by his involuntary emotion.