History of King Charles the First of England

by Jacob Abbott

Mode of proceeding.

The trial.

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.

Proceedings against Strafford.

Arrest of Strafford.

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.

Usher of the black rod.

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.

1641.