THE TRIAL OF THE EARL OF STRAFFORD,

Photo grazure from the original painting by W. Fiske.

Thomas Wentworth, Ear' of Strafford, a man of undoubted honor and integrity, was one of the most enthusiastic upholders of the royal prerogatives of his master, Charles 1. The Common, under Pym, brought a Bill of Attainder for High Treason" against m His trial took place in Westminster Hall, the hall of William Rutus." Amid all the pomp and circumstance of judicial solemnity, this great man stood up before the eighty peers who were his judges, while Carles I. and Queen Henrietta looked on from a closed gallery, anxious spectators of the scene. The family of Strafford was grouped around him. In his detence he avowed his readiness to suffer every extremity, “ were it not for those pledges which a saint in heaven left me.”- Fe was abandoned by the King to the fury of his enemies, and on May 12, 1641. was executed by the headsman on Tower Hill, furnishing one more example of loyal ministers who have perished through the selfish ingratitude of princes The present illustration gives a lively representation of the trial, and has long been one of the most popular of historical pictures.

petition of the county, the King's special command, and the connivance, at least, of the Great Council, and upon a present necessity for the defence and safety of the county, when about to be invaded from Scotland."

The twenty-second and twenty-third articles were the most pressing. Under these he was charged with saying in the Privy Council that "the Parliament had forsaken the King; that the King ought not to suffer himself to be overmastered by the stubbornness of the people; and that, if His Majesty pleased to employ forces, he had some in Ireland that might serve to reduce this kingdom," thus counselling to His Majesty to put down Parliament, and subvert the fundamental laws of the kingdom by force and arms. To this the earl replied, (1.) That there was only one witness adduced to prove these words, viz., Sir Henry Vane, secretary of the Council, but that two or more witnesses are necessary by statute to prove a charge of treason. (2.) That the others who were present, viz., the Duke of Northumberland, the Marquis of Hamilton, Lord Cottington, and Sir Thomas Lucas, did not, as they deposed under oath, remember these words. (3.) That Sir Henry Vane had given his testimony as if he was in doubt on the subject, saying "as I do remember," and "such or such like words," which admitted the words might be " that kingdom," meaning Scotland.]

II. As to the other kind, viz., constructive treason, or treason by way of accumulation; to make this out, many articles have been brought against me, as if in a heap of mere felonies or misdemeanors (for they reach no higher) there could lurk some prolific seed to produce what is treasonable! But, my Lords, when a thousand misdemeanors will not make one felony, shall twenty-eight misdemeanors be heightened into treason?

I pass, however, to consider these charges, which affirm that I have designed the overthrow both of religion and of the State. 1. The first charge seemeth to be used rather to make me odious than guilty; for there is not the least proof alleged-nor could there be any-concerning my confederacy with the popish faction. Never was a servant in authority under my lord and master more hated and maligned by these men than myself, and that for an impartial and strict execution of the laws against them; for observe, my Lords, that the greater number of the witnesses against me, whether from Ireland or from Yorkshire,

were of that religion. But for my own resolution, I thank God I am ready every hour of the day to seal my dissatisfaction to the Church of Rome with my dearest blood.

Give me leave, my Lords, here to pour forth the grief of my soul before you. These proceedings against me seem to be exceeding rigorous, and to have more of prejudice than equitythat upon a supposed charge of hypocrisy or errors in religion, I should be made so odious to three kingdoms. A great many thousand eyes have seen my accusations, whose ears will never hear that when it came to the upshot, those very things were not alleged against me! Is this fair dealing among Christians? But I have lost nothing by that. Popular applause was ever nothing in my conceit. The uprightness and integrity of a good conscience ever was, and ever shall be, my continual feast; and if I can be justified in your Lordships' judgments from this great imputation-as I hope I am, seeing these gentlemen have thrown down the bucklers-I shall account myself justified by the whole kingdom, because absolved by you, who are the better part, the very soul and life of the kingdom.

2. As for my designs against the State, I dare plead as much innocency as in the matter of religion. I have ever admired the wisdom of our ancestors, who have so fixed the pillars of this monarchy that each of them keeps a due proportion and measure with the others have so admirably bound together the nerves and sinews of the State, that the straining of any one may bring danger and sorrow to the whole economy. The prerogative of the crown and the propriety of the subject have such natural relations, that this takes nourishment from that, and that foundation and nourishment from this. And so, as in the lute, if any one string be wound up too high or too low, you have lost the whole harmony; so here the excess of prerogative is oppression, of pretended liberty in the subject is disorder and anarchy. The prerogative must be used as God doth his omnipotence, upon extraordinary occasions; the laws must have place at all other times. As there must be prerogative because there must be extraordinary occasions, so the propriety of the subject is ever to be maintained, if it go in equal pace with the other. They are fellows and companions that are, and ever must be, inseparable in a well-ordered kingdom; and no way is so fitting, so natural to nourish and entertain both, as the frequent