On the morning of Jan. 20th, 1648, towards noon, the High Court, having
first held its secret sitting in the Painted Chamber, prepared to enter
upon the final details of its mission. Prayers were scarcely over,
before it was announced that the king, borne in a close sedan between
two rows of soldiers, was on the point of making his appearance.
Cromwell ran to the windows, and as suddenly hastened back, pale yet
highly excited--"He is here, he is here, sirs; the hour for this grand
affair draws nigh. Decide promptly, I beseech you, what you intend to
reply; for he will instantly inquire in whose name and by what authority
you presume to try him." No one making any reply, Henry Martin at length
observed--"In the name of the Commons assembled in Parliament, and of
all the good people of England." To this no objection was made. The
court proceeded in solemn procession towards Westminster Hall, the
President Bradshaw at its head; before him were borne the mace and
sword; and sixteen officers armed with partisans, preceded the court.
The President took his place in an arm-chair adorned with crimson
velvet; at his feet sat the clerk, near a table covered with a rich
Turkey carpet, and upon which were placed the mace and sword. On the
right and left appeared the members of the court upon seats of scarlet
cloth; while at the two ends of the hall stood the guards, all armed, a
little in advance of the tribunal. The court being installed, all the
doors were thrown open; the crowd rushed into the hall. Silence being
restored, the act of the Commons appointing the court was read, the
names were called over, and sixty-nine members were found to be present.
"Sergeant," said Bradshaw, "let the prisoner be brought forward!"
The king appeared under guard of Colonel Hacker and thirty-two officers.
An arm-chair, adorned with crimson velvet, was in readiness for him at
the bar. He came forward; fixed a long and severe look upon the court,
and seated himself without taking off his hat. Suddenly he rose, looked
round at the guard upon the left, and at the spectators upon the right
of the hall; again fixed his eyes upon his judges, and then sat down,
amidst the general silence of the court.
Bradshaw rose instantly:--"Charles Stuart, King of England, the English
Commons assembled in Parliament, deeply penetrated with a sense of the
evils that have fallen upon this nation, and of which you are considered
the chief author, are resolved to inquire into this sanguinary crime.
With this view they have instituted this High Court of Justice, before
which you are summoned this day. You will now hear the charges to be
preferred against you."
The Attorney General Coke now rose. "Silence!" exclaimed the king, at
the same time touching him on the shoulder with his cane. Coke,
surprised and irritated, turned round; the handle of the king's cane
fell off, and for a few moments he appeared deeply affected. None of his
attendants were at hand to take it up; he stooped and picked it up
himself, and then resumed his seat. Coke proceeded to read the act
imputing to the king all the evils arising first out of his tyranny,
subsequently from the war; and requiring that he should be bound to
reply to the charges, and that judgment should be pronounced against him
as a tyrant, a traitor, and a murderer.
During this time, the king continued seated, directing his eyes towards
his judges, or towards the spectators, without betraying any emotion.
Once he rose; turned his back upon the court to see what was passing
behind him, and again sat down with an expression at once of
inquisitiveness and indifference in his manner. Upon hearing the words:
"Charles Stuart, a tyrant, traitor, and murderer," he laughed, though he
still remained silent.
The act being read, "Sir," said Bradshaw, "you have now heard the act of
accusation against you: the court expects you to reply."
_The King_. "First, I wish to know by what authority I am summoned
here. A short time since, I was in the Isle of Wight engaged in
negociations with both houses of parliament, under guarantee of the
public faith. We were upon the point of concluding a treaty. I would be
informed by what authority--I say legitimate authority--for of
illegitimate authorities there are, I know, many, like that of robbers
on the highway;--I would be informed, I repeat, by what authority I have
been dragged from place to place, I know not with what views. When I am
made acquainted with this legitimate authority, I will reply."
_Bradshaw_. "If you had attended to what was addressed to you by
the court upon your arrival, you would know in what this authority
consisted. It calls upon you, in the name of the people of England, of
whom you were elected king, to make a reply."
_The King_. "No sir, I deny this."
_Bradshaw_. "If you refuse to acknowledge the authority of the
court, it will proceed against you."
_The King_. "I maintain that England never was an elective kingdom;
for nearly the space of a thousand years it has been altogether an
hereditary one. Let me know, then, by what authority I am summoned here.
Inquire from Colonel Cobbett, who is here at hand, if I were not brought
by force from the Isle of Wight. I will yield to none in maintaining the
just privileges of the House of Commons in this place. But where are the
Lords? I see no Lords here necessary to constitute a parliament. A king,
moreover, is essential to it. Now is this what is meant by bringing the
king to meet his parliament?"
_Bradshaw._ "Sir, the court awaits a definitive answer from you. If
what we have stated respecting our authority does not satisfy you, it is
sufficient for us, we know that it is founded upon the authority of God
and of the country."
_The King._ "It is neither my opinion nor yours which should decide."
_Bradshaw._ "The court has heard you; you will be disposed of
according to its orders. Let the prisoner be removed. The court adjourns
until Monday."
The court then withdrew; and the king retired under the same escort that
had accompanied him. Upon rising he perceived the sword placed upon the
table, "I have no fear of that," he observed, pointing towards it with
his cane. As he descended the staircase, several voices called out
"Justice! justice!" but far the greater number were heard to exclaim,
"God save the king! God save your majesty."
On the morrow at the opening of the sitting, sixty-two members being
present, the court ordered strict silence to be observed under pain of
imprisonment. On his arrival, however, the king was not the less
received with marked applause. The same sort of discussion commenced,
and with equal obstinacy on both sides. "Sir," at length, exclaimed
Bradshaw, "neither you, nor any other person shall be permitted to
question the jurisdiction of this court. It sits by authority of the
Commons of England--an authority to which both you and your predecessors
are to be held responsible."
_The King._ "I deny that. Show me a single precedent." Bradshaw
rose up in a passion: "Sir, we do not sit here to reply to your
questions. Plead to the accusation, _guilty_ or not _guilty_."
_The King._ "You have not yet heard my reasons."
_Bradshaw._ "Sir, no reason can be advanced against the highest of
all jurisdictions."
_The King._ "Point out to me this jurisdiction; or you refuse to
hear reason."
_Bradshaw._ "Sir, we show it to you here. Here are the Commons of
England. Sergeant, remove the prisoner."
The king on this turned suddenly round towards the people. "Bear in
mind," he said, "that the king of England has been condemned without
being permitted to state his reasons in support of the people's
liberty." These words were followed by an almost general cry of God save
the king. * * *
On the 27th at noon, after two hours conference in the painted chamber,
the court opened, as usual, by calling a list of the names. At the name
of Fairfax, a woman's voice from the bottom of the gallery was heard to
exclaim: "He has too much sense to be here." After some moments'
surprise and hesitation, the names were called over, and sixty-seven
members were present. When the king entered the hall, there was a
violent outcry: "Execution! justice! execution!" The soldiers became
very insolent; some officers, in particular Axtell, commander of the
guards, excited them to this uproar; and groups spread about through the
hall, as busily seconded them. The people, struck with consternation,
were silent. "Sir!" said the king, addressing Bradshaw before he sat
down, "I demand to speak a word; I hope that I shall give you no cause
to interrupt me."
_Bradshaw._ "You will be heard in your turn. Listen first to the court."
_The King._ "Sir, if you please, I wish to be heard. It is only a
word. An immediate decision."
_Bradshaw._ "Sir, you shall be heard at the proper time:--first,
you must listen to the court."
_The King._ "Sir, I desire,--what I have to say applies to what the
court is, I believe, about to pronounce; and it is difficult, sir, to
recall a precipitate verdict."
_Bradshaw._ "We shall hear you, sir, before judgment is pronounced.
Until then you ought to abstain from speaking."
Upon this assurance the king became more calm; he sat down, and Bradshaw
proceeded:
"Gentlemen--it is well known that the prisoner at your bar has now been
many times brought before this court to reply to a charge of treason,
and other high crimes, exhibited against him in the name of the English
people"----
"Not half the people," exclaimed the same voice that had spoken on
hearing the name of Fairfax, "where is the people?--where is its
consent?--Oliver Cromwell is a traitor."
The whole assembly seemed electrified!--all eyes turned towards the
gallery: "Down with the w----s," cried Axtell; "soldiers fire upon
them!"--It was lady Fairfax. A general confusion now arose; the
soldiers, though everywhere fierce and active, could with difficulty
repress it. Order being at length a little restored, Bradshaw again
insisted upon the king's obstinate refusal to reply to the charge; upon
the notoriety of the crimes imputed to him, and declared that the court,
though unanimous in its sentence, had nevertheless consented to hear the
prisoner's defence, provided that he would cease to question its
jurisdiction.
"I demand," said the king, "to be heard in the painted chamber, by both
Lords and Commons, upon a proposition which concerns the peace of the
kingdom and the liberty of my subjects much more nearly than my own
preservation."
A violent tumult now spread throughout the court, and the whole
assembly. Friends and enemies were all eager to divine for what purpose
the king had demanded this conference with the two houses, and what it
was his intention to propose to them.
Colonel Downs, a member of the court, expressed a wish that the king's
proposition should be heard.
"Since one of the members desires it," said Bradshaw, gravely, "the
court must retire;" and they immediately passed into a neighbouring
hall. * * *
In about half an hour the court returned, and Bradshaw informed the king
that his proposition was rejected.
Charles appeared to be subdued, and no longer insisted with any degree
of vigour.
"If you have nothing to add," said Bradshaw, "the court will proceed to
give sentence."
"I shall add nothing, sir," said the king; "and only request that what I
have said may be recorded." Without replying to this, Bradshaw informed
him that he was about to hear his sentence; but before he ordered it to
be read, he addressed to the king a long discourse, as a solemn apology
for the proceedings of parliament, enumerating all the evil deeds of the
king, and imputing to him alone all the misfortunes of the civil war,
since it was his tyranny that had made resistance as much a matter of
duty as of necessity. The orator's language was harsh and bitter, but
grave, pious, free from insult, and stamped with profound conviction,
though with a slight mixture of vindictive feeling. The king heard him
without offering any interruption, and with equal gravity. In
proportion, however, as the discourse drew towards a close, he became
visibly troubled; and as soon as Bradshaw was silent, he endeavoured to
speak: Bradshaw prevented him, and commanded the clerk to read the
sentence; this being done, he said, "This is the act, opinion, and
unanimous judgment of the court," and the whole court rose up in token
of assent: "Sir," said the king, abruptly, "will you hear one word?"
_Bradshaw._ "Sir, you cannot be heard after sentence has been
passed."
_The King._ "No, sir!"
_Bradshaw_. "No, sir, with your permission, sir. Guards, remove the
prisoner."
_The King_. "I can speak after sentence.--With your permission,
sir, I have still a right to speak after sentence.--With your
permission--Stay--The sentence, sir--I say, sir, that--I am not
permitted to speak--think what justice others are to expect!"
At this moment he was surrounded by soldiers, and removed from the bar.
_From the French of M. Guizot_.
* * * * *