Thomas Wentworth, 1st Earl of Strafford
Wikisource has original text related to this article: Lord Digby's speech against the attainder of Strafford An Answer to the Earle of Strafords Conclusion, likely printed at London, April 1641 However tyrannical Strafford's earlier conduct may have been, his offence was outside the definition of high treason. Although a flood of complaints poured in from Ireland, and Strafford's many enemies there were happy to testify against him, none of them could point to any act which was treasonable, as opposed to high-handed. The copy of rough notes of Strafford's speech in the committee of the council obtained from Sir Henry Vane the Younger, were validated by councillors who had been present on the occasion, including Henry Vane the Elder who did ultimately corroborate them (but nearly disowned his own son for having found and leaked them in the first place), and partially by Algernon Percy, 10th Earl of Northumberland. This was not evidence which would convict in a court of law, and all parties knew this. Strafford's words, particularly the crucial phrase this kingdom, had to be arbitrarily interpreted as referring to the subjection of England and not of Scotland, and were also spoken on a privileged occasion. Strafford took full advantage of the weak points in his attack on the evidence collected. Over and over Strafford pointed to the fundamental weakness in the prosecution: how could it be treason to carry out the King's wishes? The lords, his judges, were influenced in his favour. The impeachment failed on 10 April 1641. The Commons therefore, feeling their victim slipping from their grasp, dropped the impeachment, and brought in and passed a bill of attainder, on 13 April by a vote of 204 to 59. Owing to the opposition of the Lords, and Pym's own preference for the more judicial method, the procedure of an impeachment was adhered to. Few of the Lords felt much personal liking for Strafford, but there were a fair number of "moderates", notably Francis Russell, 4th Earl of Bedford, who thought that barring him from ever serving the King again was sufficient punishment. The families of his first two wives, the Cliffords and Holleses, used all their influence to gain a reprieve: even Denzil Holles, 1st Baron Holles, who was implacably hostile to the King, put aside political differences to plead for the life of his favourite sister's husband. Strafford might still have been saved but for the Charles I's ill-advised conduct. A scheme to gain over the leaders of the parliament, and a scheme to seize the Tower of London and to liberate Strafford by force, were entertained concurrently and were mutually destructive. The revelation of the First Army Plot on 5 May 1641 caused the Lords to reject the submissions in defence of Strafford by Richard Lane and to pass the attainder. Strafford's enemies were implacable in their determination that he should die: in the Earl of Essex's phrase stone dead hath no fellow. Nothing now remained but the King's signature. Still Strafford had served Charles with what the king felt was a massive degree of loyalty, and Charles had a serious problem with signing Strafford's death warrant as a matter of conscience. However, to refuse the will of the Parliament on this matter could seriously threaten the monarchy. When he summoned the bishops to ask for their advice, they divided. Some, like James Ussher, Archbishop of Armagh argued that the King could not in conscience break his promise to Strafford to spare him; others, like John Williams, Bishop of Lincoln took the contrary view that reasons of State permitted the King to break his word where a private citizen could not. Charles had, after the passing of the attainder by the Commons, for the second time assured Strafford "upon the word of a king, you shall not suffer in life, honour or fortune". Strafford now wrote releasing the king from his engagements and declaring his willingness to die to reconcile Charles to his subjects. "I do most humbly beseech you, for the preventing of such massacres as may happen by your refusal, to pass the bill; by this means to remove... the unfortunate thing forth of the way towards that blessed agreement, which God, I trust, shall for ever establish between you and your subjects". Whether Strafford was now resigned to death, or whether he thought that the letter, if circulated, might move his enemies to mercy, is still debated. Charles gave his assent on 10 May, remarking sadly " My Lord Strafford's condition is happier than mine". Accounts of Strafford's reaction when he was told that he must die differ; by one account he took the news stoically, according to another he was deeply distressed and said bitterly "Put not your trust in princes". Archbishop Laud wrote that the King's abandonment of Strafford proved him to be "a mild and gracious prince, that knows not how to be, or be made, great".