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Wentworth hurry, but were prepared to conduct a deliberate inquiry into Strafford's conduct, as a preparation for the impeachment which would follow in due course. Pym was the more resolved to call Strafford to account as he had in his possession a copy of the notes taken by Vane of the earl's language in the committee of eight, and interpreted them to mean that Strafford had proposed an invasion of England by the Irish army. On the 10th Strafford proposed to the king to anticipate the blow by preferring a charge of high treason against those members of either house who had invited the Scots into England (, Strafford's Trial, p. 2;, Works, iii. 295; Manchester's ‘Memoirs’ in Addit. MS. 15567). On the 11th Charles was to hold a review in the Tower, and if the persons named by Strafford were carried thither an armed force would be ready to receive them. Charles's court was, however, full of intriguers who hated Strafford, and the project was soon communicated to the parliamentary leaders. On the morning of the 11th, whether in consequence of Charles's indecision or because it was intended to seize the leaders before the accusation was brought, Strafford appeared in the House of Lords, but soon left without uttering a word. The commons were excited about the review at the Tower, and Pym, within locked doors, moved for a committee to prepare for conference with the lords ‘and the charge against the Earl of Strafford.’ The committee hurriedly set down certain accusations, and by the order of the house Pym at once proceeded to impeach him before the lords. ‘I will go,’ said Strafford, ‘and look my accusers in the face.’ When he arrived, the lords took care that he should not speak, some of them doubtless being afraid lest he should bring against them a charge of complicity with the Scots. He was ordered to withdraw, and when he returned he was told that he had been committed to the gentleman usher. His request to be allowed to speak was refused. On 25 Nov. a preliminary charge against him was brought up by the commons, on which the lords committed him to the Tower. In the first article it was declared that he had ‘traitorously endeavoured to subvert the fundamental laws and government of the realms of England and Ireland, and instead thereof to introduce an arbitrary and tyrannical government against law, which he hath declared by traitorous words, counsels, and actions, and by giving his majesty advice by force of arms to compel his loyal subjects to submit thereunto’ (Lords' Journals, iv. 97). This was the gist of the whole accusation. Pym and the commoners had resolved to support two propositions: first, that Strafford had endeavoured to subvert the fundamental laws; and, secondly, that such an endeavour was tantamount to high treason. On 20 Jan. 1641 the detailed charges were brought into the house by Pym from the committee entrusted with their preparation. They did not terrify Strafford. ‘I thank God,’ he wrote to Ormonde, ‘I see nothing capital in their charge, nor any other thing which I am not able to answer as becomes an honest man’ (, Ormonde, v. 245).

On 30 Jan. the articles were accepted by the house and sent up to the lords. Whether they could be sustained or not, it was obvious that the object of the house was more political than legal. The main cause of its wrath lay partly in its belief that Strafford had intended to employ the Irish army against Englishmen, but far more in its belief that if he were to regain his liberty he would carry out his intentions. It was for Charles to save Strafford, if he could, by convincing the commons that he had himself abandoned the idea of using force, and that, in any case, Strafford, if his life were saved, would be excluded from the public service. Unhappily no such conduct was to be expected from Charles. Not only did he keep the Irish army on foot, but he continued Strafford in the command of it. On 11 Feb. Sir Walter Earle drew attention to the danger from this army. On the 13th the house petitioned for its disbandment. By taking no notice of this demand Charles markedly increased Strafford's peril.

On 24 Feb. Strafford read his answer at the lords' bar. His trial upon the impeachment of the House of Commons opened in Westminster Hall on 22 March. The case against him was stated by Pym on the 23rd. Two constitutional systems were at issue. Pym, it is true, failed to do justice to Strafford, because he was thinking of England rather than of Ireland, and imagined it to be safe to uphold the same constitutional rules in Ireland that he wished to maintain or develop in England. Strafford knew far more about Ireland than his accusers, but his main object was to defend himself, not to propound theories about government. The vigour with which he met the attack gained him favour outside the House of Commons, especially as his general line of defence was that, whether he were guilty or not of the charges brought against him, they did not constitute treason. On 5 April the charge of raising an army of Irish papists ‘for the ruin and destruction of