Impeachment Trial Of Strafford 1641 Flashcards
Why did the impeachment trial of Strafford carry an enormous risk?
If Strafford survived he could turn the tables on the parliaments leaders. He knew that Pym, Lord Saye and Sele, Lord Brooke, the Earl of Warwick and others had been in communication with the Scots during the bishops wars
Why was Strafford used as a scapegoat?
Placing the blame on the evil counsellors prevented the risk of being punished for openly criticising the king, and leading to questioning of the political system, is the king was the pinnacle of the system the tied the whole population together-‘ great chain of being’
Why was removing Strafford essential?
Without Strafford it was hoped Charles would see the need for reform and rule with Parliament. Furthermore the removal of men like Strafford and Laud would see their replacement with men like Bedford and Pym who would ensure good government
Where was much of the fear of Strafford centred?
Much of the fear of what Strafford might do was centred on a concern at what use might be made of forces in Ireland or the kings army in the north of England
When was Strafford impeached and when did his trial begin?
Strafford was impeached in November 1640 and his trial began before the House of Lords on the 22nd of March 1641
What did the King assure Strafford of?
The king assured him that no harm would come to him regardless of the verdict
What was Strafford accused of?
- Strafford was accused of having ‘endeavoured by his words, actions and councils to subvert the fundamental law of England and Ireland and to introduce an arbitrary and tyrannical government’ (Pym)
- The underlying theme was that he had committed treason by sowing divisions between the king and his subjects and attempted to rule the kingdom by force - constructive treason/ cumulative treason
What accusations were made against Earl of Stratford?
- Making excessive profits from customs in Ireland
- Article 23- ‘my Lord of Strafford did you say in discourse, your majesty… You have an army in Ireland, which you may employ here to reduce this kingdom’
- ’ If this treason had taken affect our souls had been enthralled to the spiritual tyranny of Satan, our consciences to the ecclesiastical tyranny of the Pope’
- accused of saying ‘ The little finger of the king was heavier than the loins of the law’
- ’it is the law that unites the king and his people, and the author of this treason hath endeavoured to dissolve that union’
How was the key charge against Strafford ‘your majesty…you have an army in Ireland, which you may employ here to reduce this kingdom’ misinterpreted, and what evidence was used to testify against Strafford?
‘This kingdom’ - Strafford had meant Scotland but Pym interpreted it to mean England
The key charge that Strafford had designed to bring an Irish army for Charles to control England, centred on one witness, Sir Henry Vane Senior, who had been present at a meeting in May 1640 at the privy council’s council of war. His son, Sir Henry Vane Junior, had a copy of his Father’s notes
What comments did the Earl of Strafford make in his defence?
-Very skilfully Strafford defended himself:
‘ here I am charged to have designed the overthrow both of religion and the states. The first seems to have been used rather than making me odious than guilty. Never a servant in authority beneath the king my master was more hatred and maligned, and an still, by the Popish faction, that myself, and that for a strict and impartial execution of the laws against them’
‘ give me leave to say that I speak in defence of the common weal against their arbitrary treason.’
a. ‘The witness appears to have such an infirmity as hearing that he must now be whoopt at the bar, before he can hear’
b. ‘I have and shall ever aim at a fair and bounded liberty, remembering always that I am a freeman, but a subject; that I have a right, but under a Monarch’
c. ‘ I never knew with the making of a good bargain turned on a man as treason’
d. ‘ if words are spoken to friends, in familiar discourse, spoken in one’s chamber, spoken at one’s table, spoken in one sickbed shall be brought against a man as treason, this takes away the comfort of all human society. If these things be strain to take away life and honour it will be a silent world’
How did Strafford describe the charges that had been brought against him?
You have brought lots of fragments of evidence against me is though, by creating a compost heap of petty crimes and misdemeanours you will find a tiny seed which could perhaps sprout into treason. Here I am charged with having plotted the ruin and overthrow of religion in state. Perhaps you are strongly disagreed with my actions but that does not amount to guilt’
How did John Pym respond to Strafford’s defence - 13th April 1641?
‘Law entitles a king to the allegiance and service of his people; it entitles the people to the protection and justice of the king. The law is the boundary between the kings prerogative and the People’s liberty. But if the prerogative of the king overwhelms the liberty of the people it will be turned into tyranny, if liberty undermines the prerogative, it will grow into anarchy’
‘ it cannot be for honour of the king that his sacred authority should be used in the practice of injustice and oppression, that his name should be applied to patronise such horrid crimes as have been represented in evidence against the Earl of Strafford’
What was the outlook of Strafford’s trial looking?
With the limits of the evidence and Wentworths adept defence of himself it appeared as if he might escape execution, however many in parliament were fed up with the time spent on a prosecution that appeared to be going nowhere