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without moving his hat. His judges returned his severe glances, and also kept on their hats. Upon a calling of the names, sixty of the commissioners answered. Bradshaw, as president, in a short speech acquainted the prisoner with the cause of his being brought thither. Then Coke, as solicitor for the commonwealth, stood up to speak; but Charles held up his cane, touched him two or three times on the shoulder with it, and cried "Hold! hold!" In so doing the gold head dropped from his

This drawing is adapted from the frontispiece to A True Copy of the Journal of the High Court of Justice for the Tryal of King Charles I. By John Nalson, LL.D. Fol. London, 1684. From this work the following particulars are derived :-The space as set apart for the trial was from the south end of Westminster Hall, to the stone steps leading to the Court of Chancery, and the floor of this space was raised three feet above the floor of the hall. Benches for the commissioners or judges were erected at the south end of the hall, from the floor to within five or six feet of the window. There were free passages, kept by soldiers, down and across the hall, and officers walked along these to preserve order. Where the king sat was covered with a Turkey carpet,

cane. Nevertheless Bradshaw ordered Coke to go on, who then said, "My lord, I am come to charge Charles Stuart, King of England, in the name of all the commons of England, with treason and high misdemeanours: I desire the said charge may be read." Coke then delivered the charge in writing to the clerk, who began to read it. Charles again cried "Hold!" but, at the order of the president, the clerk went on, and the prisoner sat down, "looking sometimes on the high court,

and the table at his side, covered also with a like carpet, was far nished with an inkstand. Bradshaw, Lisle, and Say, as lawyen. sat in their robes-the other commissioners in their usual dress In the engraving the king is represented seated, and standing at his right hand are the counsel conducting the trial. Bradshaw, Lisle, and Say are in the centre, elevated three steps above their fellow-commissioners, Bradshaw having a table in front of him. The clerks of the court are at a table in the front of the commissioners. Cromwell's place at the trial is shown by a figure standing on the left of the escutcheon of arms under the great window. The banners on the walls are those takm from Charles's troops at the battles of Naseby, &c.

sometimes up to the galleries; and having risen again, and turned about to behold the guards and spectators, sat down again, looking very sternly, and with a countenance not at all moved, till these words-namely, 'Charles Stuart to be a tyrant, a traitor,' &c., were read; at which he laughed, as he sat, in the face of the court." When the long charge was finished, taxing the king with the whole of the civil war, with the death of thousands of the free people of the nation, with divisions within the land, invasions from foreign parts, the waste of the public treasury, the decay of trade, the spoliation and desolation of great parts of the country, the continued commissions to the prince and other rebels, to the Marquis of Ormond, the Irish Papists, &c., Bradshaw, the lord-president, told him that the court expected his answer. Charles replied with great dignity and clearness. He demanded by what lawful authority he was brought thither. "I was not long ago," said he "in the Isle of Wight; how I came there is a longer story than is fit at this time for me to speak of; but there I entered into a treaty with both Houses of Parliament with as much public faith as is possible to be had of any person in the world. I treated there with a number of honourable lords and gentlemen, and treated honestly and uprightly. I cannot say but they did very nobly with me. We were upon a conclusion of the treaty. Now, I would know by what authority, I mean lawful -for there are many unlawful authorities in the world, thieves and robbers by the highway -but I would know by what authority I was brought from thence, and carried from place to place. Remember I am your lawful king. Let me know by what lawful authority I am seated here; resolve me that, and you shall hear more of me." Bradshaw told him that he might have observed he was there by the authority of the people of England, whose elected king he was. "England," cried Charles, "was never an elective kingdom, but an hereditary kingdom for near these thousand years. I stand more for the liberty of my people than any here that come to be my pretended judges." "Sir," said Bradshaw, "how well you have managed your trust is known. If you acknowledge not the authority of the court they must proceed." "Here is a gentleman," said Charles, pointing to Colonel Cobbet, "ask him if he did not bring me from the Isle of Wight by force. I do not come here as sub

On this day, Whitelock says, "There were strict guards, many soldiers, and a great press of people at the trial of the king.... Some who sat on the scaffold about the court at the trial (particularly the Lady Fairfax), did not forbear to exclaim aloud against the proceedings of the high court, and the inveterate usage of the king by his subjects, insomuch that the court was interrupted, and the soldiers and officers of the court had much to do to quiet the ladies and others."

mitting to this court. I see no House of Lords here that may constitute a parliament; and the king, too, must be in and part of a parliament." "If it does not satisfy you," exclaimed Bradshaw, "we are satisfied with our authority, which we have from God and the people. The court expects you to answer; their purpose is to adjourn to Monday next." He then commanded the guard to take him away, upon which Charles replied, "Well, Sir." And as he went away facing the court, he added, pointing to the sword, "I do not fear that." Some of the people cried "God save the king!" others shouted "Justice! justice!"1 He was remanded to Sir Robert Cotton's house,

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SIR ROBERT COTTON'S HOUSE.2-From a view by J. T. Smith. and thence to St. James's; and the high court adjourned, and kept a fast together at Whitehall.

On Monday, the 22d of January, in the afternoon, Charles was led back to Westminster Hall. As soon as he was at the bar, Coke rose and said, "I did, at the last court, exhibit a charge of high treason and other crimes against the prisoner in the name of the people of England. Instead of answering, he did dispute the authority of this high court. I move, on behalf of the kingdom of

2 Cotton House, Westminster, near the west end of Westminster Hall. The town-house of Sir Robert Cotton (died 1631), the founder of the famous Cotton Library; of his son, and of his grandson. Sir Christopher Wren describes the house in his time as in a "very ruinous condition." Charles I. lay at Cotton House during his trial in Westminster Hall. After the trial he slept at Whitehall, and the night before the execution at St. James's-Cunningham's Hand-Book of London.

vited him to make the best defence he could against the charge. "For the charge, cried Charles, "I value it not a rush; it is the liberty of the people of England that I stand for. I am your king, bound to uphold justice, to maintain the old laws; therefore, until I know that all this is not against the fundamental laws of the kingdom, I can put in no particular answer. If you will give me time, I will show you my reasons why I cannot do it, and"-here the president interrupted him; but Charles, as soon as his voice ceased, continued his reasoning; and after several interruptions of this kind, Bradshaw said, "Clerk, do your duty;" and the clerk read: “Charles Stuart, King of England, you are accused, in behalf of the commons of England, of divers crimes and treasons, which charge hath been read unto you; the court now requires you to give your positive and final answer, by way of confession or denial of the charge." Charles once more urged that he could not acknowledge a new court, or

England, that the prisoner may be directed to make a positive answer by way of confession or negation; and that if he refuse so to do, the charge be taken pro confesso, and the court proceed to justice." Then Bradshaw told the prisoner that the court were fully satisfied with their own authority, and did now expect that he should plead guilty or not guilty. Charles repeated that he still questioned the legality of this court; that a king could not be tried by any jurisdiction upon earth; but that it was not for himself alone that he resisted, but for the liberty of the people of England, which was dearer to him than to his judges. He was going on in this strain, talking of the lives, liberties, and estates of his people, when Bradshaw interrupted him by telling him that he, as a prisoner, and charged as a high delinquent, could not be suffered any longer to enter into argument and dispute concerning that court's authority. Charles replied that, though he knew not the forms of law, he knew law and reason: that he knew as much law as any gentle-alter the fundamental laws. Bradshaw replied, man in England, and was therefore pleading for "Sir, this is the third time that you have publicly the liberties of the people more than his judges disowned this court, and put an affront upon it. were doing. He again went on to deny the lega- How far you have preserved the liberties of the lity of the court, and Bradshaw again interrupted people your actions have shown. Truly, sir, him; and this was repeated many times. At last men's intentions ought to be known by their the president ordered the serjeant-at-arms to re-actions; you have written your meaning in bloody move the prisoner from the bar. "Well, sir," exclaimed Charles, "remember that the king is not suffered to give in his reasons for the liberty and freedom of all his subjects." "Sir," replied Bradshaw, "how great a friend you have been to the laws and liberties of the people, let all England and the world judge." Charles, exclaiming "Well, sir," was guarded forth to Sir Robert Cotton's house. The court then adjourned to the Painted Chamber, on Tuesday, at twelve o'clock.

characters throughout this kingdom. But, sir, you understand the pleasure of the court. Clerk, record the default. And, gentlemen, you that took charge of the prisoner, take him back again.” "Sir," rejoined Charles, "I will say yet one word to you. If it were my own particular, I would not say any more to interrupt you." "Sir,” replied Bradshaw, "you have heard the pleasure of the court, and you are, notwithstanding you will not understand it, to find that you are before a court of justice." And then the king went forth with his guards to Sir Robert Cotton's house, where he lay.

As early as the 17th of January, the Rump had been advertised, by private letters from Scotland, that the parliament there, nemine contradicente, did dissent from the proceedings of the parliament of England:--1. In the toleration extended to sectaries. 2. In the trial of the king. 3. In alteration of the form of government. And

At the appointed time, sixty-three commissioners met in close conference in the Painted Chamber, and there resolved that Bradshaw should acquaint the king that if he continued contumacious he must expect no further time. This done, the court adjourned to Westminster Hall, and the king was brought in with the accustomed guard. Coke again craved judgment, censuring the prisoner for disputing the authority of the court, and the supreme authority and jurisdiction of the House of Commons. Brad-upon this day, Tuesday the 23d, the Scottish shaw followed in the same strain, saying, in conclusion, "Sir, you are to give your positive and final answer in plain English, whether you be guilty or not guilty of these treasons." Charles, after a short pause, said, "When I was here yesterday, I did desire to speak for the liberties of the people of England: I was interrupted. I desire to know whether I may speak freely or not?" Bradshaw replied, that when he had once pleaded he should be heard at large; and he in

commissioners, the Earl of Lothian and Sir John Cheseley, who were in London for the purpose of treating with Charles and the parliament, sent to the speaker of the Rump their solemn protest against all proceedings for bringing the king to trial.'

On the 24th and 25th of January, the fourth and fifth days of the trial, the court sat in the Painted Chamber hearing witnesses, having de

1 Whitelock; Rushworth.

termined that, though the king refused to plead, they would proceed to the examination of witnesses ex abundanti-in other words, only for the further satisfaction of themselves. On the sixth day, the commissioners were engaged in preparing the sentence, having then determined that the king's condemnation should extend to death. A question was agitated as to his deprivation and deposition previously to his execution, but it was postponed; and the sentence, with a blank for the manner of death, was drawn up by Ireton, Harrison, Harry Martin, Say, Lisle, and Love, and ordered to be engrossed.

On the morrow, the 27th of January, and the seventh day of this unlawful but memorable trial, the high court of justice sat for the last time in Westminster Hall; and the Lord-president Bradshaw, who had hitherto worn plain black, was robed in scarlet, and most of the commissioners were "in their best habit." After the calling of the court, the king came in, as was his wont, with his hat on; and as he passed up the hall a loud cry was heard of "Justice!-justice! Execution!-execution!" "This," says Whitelock, "was made by some soldiers, and others of the rabble." One of the soldiers upon guard, moved by a better feeling, said, “God bless you, sir!" Charles thanked him; but his officer struck the poor man with his cane. "Methinks," said Charles, "the punishment exceeds the offence." Bradshaw's scarlet robe, and the solemn aspect of the whole court, convinced the king that this would be his last appearance on that stage. The natural love of life seems to have shaken his firmness and constancy, and as soon as he was at the bar he earnestly desired to be heard. Bradshaw told him that he should be heard in his turn, but that he must hear the court first. Charles returned still more eagerly to his prayer for a first hearing, urging repeatedly that hasty judgment was not so soon recalled. Bradshaw repeated that he should be heard before judgment was given; and then remarked how he had refused to make answer to the charge brought against him in the name of the people of England. Here a female voice cried aloud, "No, not half the people." The voice was supposed to proceed from Lady Fairfax, the Presbyterian wife of the lord-general, who still kept aloof, doing nothing; but it was soon silenced; and the president continued his speech, which ended in assuring the king that, if he had anything to say in defence of himself concerning the matter charged, the court would hear him. Charles then said, "I must tell you, that this many a day all things have been taken away from me, but that I call more dear to me than my life, which my conscience and honour; and if I had a respect to my life more than to the peace of the

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kingdom and the liberty of the subject, certainly I should have made a particular defence; for by that, at leastwise, I might have delayed an ugly sentence, which I perceive will pass upon me.

I conceive that a hasty sentence, once passed, may sooner be repented of than recalled; and truly the desire I have for the peace of the kingdom and the liberty of the subject, more than my own particular ends, makes me now at least desire, before sentence be given, that I may be heard in the Painted Chamber before the lords and commons.' I am sure what I have to say is well worth the hearing." Bradshaw told him that all this was but a further declining of the jurisdiction of the court, and sternly refused his prayer for a hearing in the Painted Chamber, which is generally, though perhaps very incorrectly, supposed to have related to a proposal for abdicating in favour of his eldest son. But one of the commissioners on the bench, John Downes, a citizen of London, after saying repeatedly to those who sat near him, "Have we hearts of stone? Are we men?" rose and said in a trembling voice, "My lord, I am not satisfied to give my consent to this sentence. I have reasons to offer against it. I desire the court may adjourn to hear me." And the court adjourned in some disorder. After half an hour's absence they all returned to their places, and that, too, with a unanimous resolution to send the king to the block. Bradshaw cried out, "Serjeant-at-arms, send for your prisoner;" and Charles, who had passed the time in solemn conference with Bishop Juxon, returned to his seat at the bar. "Sir," said Bradshaw, addressing him, "you were pleased to make a motion for the propounding of somewhat to the lords and commons for the peace of this kingdom. Sir, you did in effect receive an answer before the court adjourned. Sir, the return I have to you from the court is this: that they have been too much delayed by you already." After some more discourse to the same effect, Bradshaw was silent; and then the king, saying that he did not deny the power they had, that he knew they had quite power enough, again implored to be heard by the lords and commons in the Painted Chamber. Bradshaw again refused in the name of the whole court, and proceeded to deliver a long and bitter speech in justification of their sentence. He told the fallen king that the law was his superior, and that he ought to have ruled according to the law; that, as the law was his superior, so there was something that was superior to the law, and that was the people of England, the parent or author of the law.

The Painted Chamber was an apartment in the old royal palace at Westminster, used as a place of meeting for the lords and commons when they held a conference. See an engraving and more particular notice of it, vol. ii. p. 588.

"Sir," he continued, "that which we are now upon, by the command of the highest court, is to try and judge you for your great offences. The charge hath called you tyrant, traitor, murderer. (Here the king uttered a startling 'Hah!') Sir, it had been well if any of these terms might justly have been spared." Bradshaw concluded his long speech by protesting that in these proceedings all of them had God before their eyes, and by recommending the repentance of King David as an example proper for the king to imitate. Charles then said hurriedly, "I would desire only one word before you give sentence -only one word." Bradshaw told him that his time was now past. Again the king pressed that they would hear him a word-at most a very few words. Bradshaw again told him that he had not owned their jurisdiction as a court; that he looked upon them as as a sort of people met together; that they all knew what language they received from his party. The king said that he knew nothing of that, and once more begged to be heard; and Bradshaw once more told him that they had given him too much liberty already, and that he ought to repent of his wickedness, and submit to his sentence; and then, raising his sonorous voice, he said, "What sentence the law affirms to a traitor, a tyrant, a murderer, and a public enemy to the country, that sentence you are now to hear. Make silence! Clerk, read the sentence!" Then the clerk read the sentence, which was "For all which treasons and crimes this court doth adjudge that he, the said Charles Stuart, as tyrant, traitor, murderer, and public enemy to the good people of this nation, shall be put to death by severing his head from his body." Charles raised his eyes to heaven, and said, "Will you hear me a word, sir?" "Sir," replied Bradshaw, " you are not to

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be heard after sentence." Charles, greatly agitated, said inquiringly, "No, sir?" "No, sir, by your favour," rejoined the inflexible president. "Guards, withdraw

to speak; expect what justice other people will have," gave up his hopeless efforts, and turned away with his guard; and as he went through the hall there was another cry for justice and execution.

On the evening of the day on which he received his sentence, Charles entreated the commissioners, through the medium, it appears, of Hugh Peters, the republican preacher, to allow him the company of Bishop Juxon; and this was readily granted, as was also the society of the only children he had in England-the Princess Elizabeth, then in her thirteenth, and the Duke of Gloucester, in his ninth year. On Monday, the 29th of January, the house sat early. They passed an act for altering the style and form of all writs, grants, patents, &c., which henceforth, instead of bearing the style and title and head of the king, were to bear "Custodes libertatis Angliæ auctoritate parliamenti," &c. The date was to be the year of our Lord, and no other. The high court of justice sat, and appointed the time and place of execution. The king's children came from Sion House to take their last farewell of their father. He took the princess up in his arms and kissed her, and gave her two seals with diamonds, and prayed for the blessing of God upon her, and the rest of his children- and there was a great weeping. Charles had ever been an indulgent and tender parent. The last night of all was spent by the king in the palace of St. James's,

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FRONT OF THE BANQUETING HOUSE, WHITEHALL.-After Hollar.

your prisoner." Still struggling to be heard, Charles said, confusedly, "I may speak after the sentence by your favour, sir? I may speak after sentence, ever. By your favour"- "Hold!" cried Bradshaw. "The sentence, sir," stammered Charles; "I say, sir, I do"- Again Bradshaw stopped him with his determined "Hold!" And then the king, muttering, "I am not suffered

where he slept soundly for more than four hours Awaking about two hours before the dismal daybreak of the 30th of January, he dressed himself with unusual care, and put on an extra shirt be cause the season was so sharp. He said, "Death is not terrible to me; and, bless my God, I am prepared." He then called in Bishop Juxon,

Whitelock.

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