very pleasant." On the 22nd of December he | slept at Lord Newburgh's house, or lodge, in the royal park of Bagshot, and on the 23rd he was safely lodged in Windsor Castle.*

A.D. 1649.-On the same day the Independents, calling themselves the House of Commons, appointed a committee of thirty-eight "to consider of drawing up a charge against the king, and all other delinquents that may be thought fit to bring to condign punishment." A few voices were raised for the saving of life; but on the 1st of January an ordinance, prepared by a committee of thirtyeight, was reported to the fragment of the House. The preamble was to this effect :-"That the said Charles Stuart, being admitted king of England, and therein trusted with a limited power to govern by and according to the laws of the land, and not otherwise; and, by his trust, oath, and office, being obliged to use the power committed to him for the good and benefit of the people, and for the preservation of their rights and liberties; yet, nevertheless, out of a wicked design to erect and uphold in himself an unlimited and tyrannical power, to rule according to his will, and to overthrow the rights and liberties of his people; yea, to take away and make void the foundations thereof, and of all redress and remedy of misgovernment, which, by the fundamental constitutions of this kingdom, were reserved, on the people's behalf, in the right and power of frequent and successive parliaments, or national meetings in council; he, the said Charles Stuart, for accomplishing of such his designs, and for the protecting of himself and his adherents in his and their wicked practices, to the same ends hath traitorously and maliciously levied war against the present parliament and the people therein represented."+ This ordinance was sent up to the Lords on the next day. Those few Lords that remained in the House rejected it without a dissentient voice, and then adjourned. Forthwith the Commons, with closed doors, came to this resolution-"That the Commons of England, in parliament assembled, do declare that the people are, under God, the origin of all just power. And do also declare that the Commons of England, in parliament assembled, being chosen by representing the people, have the supreme power in this nation. And do also declare, that whatsoever is enacted or declared for law by the Commons in parliament assembled, hath the force of a law; and all the people of this nation are concluded thereby, although the consent and concurrence of king or House of Peers be not had thereunto."§

While these things were passing at Westminster, Charles, confident in the sacred dignity of majesty, was deluding himself with unaccountable hopes at Windsor. According to the Earl of Leicester's journal, it was reported, on the 2nd of

Herbert.-Rushworth.-Whitelock.

January, "that the king seems to be as merry as usual, and saith that he fears none; he makes the business talked on, for questioning him, a jest; and he saith that he hath yet three games to play, the least of which gives him hope of regaining all." And, under the date of the 3rd of January, the same nobleman notes, on the authority of Sir John Temple,-"The king yet takes no notice of their proceedings, and gave order very lately for saving the seed of some Spanish melons which he would have set at Wimbledon. He hath a strange conceit of my Lord Ormond's working for him in Ireland; he hangs still upon that twig.”*

But in the House of Commons the storm rolled onward with increasing rapidity. On the 6th of January the ordinance for trial of the king was brought in, and the same day engrossed and passed. By this ordinance the Independents erected what they styled a High Court of Justice for trying the king, and proceeding to sentence against him; to consist of a hundred and thirty-five commissioners, of whom any twenty were to form a quorum. Among the commissioners were Fairfax, Cromwell, Ireton, Waller, Skippon, Harrison, Whalley, Pride, Ewer, Tomlinson, in all, three generals and thirty-four colonels of the army; the lords Monson, Grey of Groby, and Lisle; most of the members of the Rump; Wilson, Fowkes, Pennington, and Andrewes, aldermen of the city; Bradshaw, Thorpe, and Nicholas, serjeants-at-law; twenty-two knights and baronets; various citizens of London, and some few country gentlemen. But, of all this number, there never met at one time more than eighty. On the 8th of January fifty-three assembled in the Painted Chamber, headed by Fairfax, who never appeared after that day, and ordered that, on the morrow, a herald should proclaim, and invite the people to bring in what matter of fact they had against Charles Stuart. And, on the morrow, Serjeant Dendy, who attended the commissioners, rode, according to their order, into Westminster Hall, with the mace on his shoulder, attended by some officers of the army and six trumpeters on horseback, guards both of horse and foot being drawn out in Palace-yard. The trumpets sounded in the middle of the Hall, the drums beat in the yard, and then proclamation was made that the commissioners for trial of the king would sit again on the morrow, and that all those who had anything to say against the king might then be heard. And by order of the House of Commons, then sitting, the like proclamation was made at the old Exchange, and in Cheapside. On the same day (the 9th) the residue of the Commons voted that the great seal in use should be broken, and a new one forthwith made, and that this new seal should have on one side the inscription, "The Great Seal of England;" and on the other, "In the First Year of Freedom, by God's Blessing restored, 1648." The commissioners for the trial chose

Serjeant Bradshaw to be their president, Mr. Steel to be attorney-general, Mr. Coke to be solicitor-general, and Dr. Dorislaus and Mr. Aske to act as counsel with them in drawing up and managing the charges against the prisoner. All preliminaries being arranged, Charles, on the 19th of January, was brought up from Windsor to St. James's, and on the following day he was put upon his trial.

the House of Commons, more particularly the inscriptions." The hypocritical speeches attributed to Cromwell on this occasion rest on very indifferent authority.

The place appointed for the trial was the site of the old Courts of Chancery and King's Bench, at the upper end of Westminster Hall. That vast and antique ball was divided by strong barriers placed across it. The gothic portal was opened to the people, who assembled in immense crowds. Everywhere, within the hall and around it, were soldiers under arms-every avenue of approach was guarded. The king was brought in a sedanchair to the bar, where a chair, covered with velvet, was prepared for him. He looked sternly upon the court and upon the people in the galleries on

each side of him, and sat down 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 :-"Charles Stuart, King of England: The Commons of England being deeply sensible of the calamities that have been brought upon this nation, which are fixed upon you as the principal author of them, have resolved to make inquisition for blood; and, according to that debt and duty they owe to justice, to God, the kingdom, and themselves, they have resolved to bring you to trial and judgment, and for that purpose have constituted this high court of justice before which you are brought." 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 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 misdemeanors: 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, 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 Marquess 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

This little accident was deemed very ominous and of great importance. The loyal Sir Philip Warwick, who does not mention the king's tapping Coke on the shoulder, says, "He confessed himself to the Bishop of London, that attended him, one action shocked him very much; for whilst he was leaning in the court upon his staff, which had an head of gold, the head broke off on a sudden; he took it up, but seemed unconcerned; yet told the bishop, it really made a great impression upon him; and to this hour, says he, I know not possibly how it should come. 'Twas an accident, I confess, I myself have often thought on, and cannot imagine how it came about, unless Hugh Peters (who was truly and really his gaoler, for at St. James's nobody went to him but by Peters' leave) had artificially tampered upon his staff; but such conjectures are of no use."

The king had a natural impediment in his speech, but it appears that at this exciting, awful moment his stammering left him. Warwick says, "The king's deportment was very majestic and steady; and, though his tongue usually hesitated, yet it was very free at this time, for he was never discomposed in mind."

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 highways, 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,

66

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 submitting 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

66

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!" * He was remanded to Sir Robert Cotton's house, and thence to St. James's; and the high court adjourned, and kept a fast together at Whitehall, where they heard much praying and preaching.

On Monday the 22nd 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

On this day, Whitelock says, "There were strict guards, many soldiers, and a great press of people at the trial of the king. The House sate only to adjourn. Some who sate on the scaffold about the court at the trial (particularly the Lady Fairfax, the lord-general's wife) 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."

59

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 had taken into consideration what he had said as to its incompetency; that they 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 gentleman in England, and was therefore pleading for the liberties of the people more than his judges were doing. He again went on to deny the legality of the court, and Bradshaw again interrupted him; and this was repeated many times. At last the president ordered the serjeant-at-arms to remove 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. 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; but if he submitted to answer, and demanded a copy of the charge, Bradshaw was to grant it, desiring him to give in his reply by one o'clock in the next afternoon. This done, the court adjourned to Westminster Hall, and the king was brought in with the accustomed guard. Coke again craved judgment. "My Lord President," said he, "this is now the third time that this prisoner hath been brought to the bar. I exhibited against him a charge of the highest treason ever wrought on the theatre of England. My lord, he did dispute the authority of this court. I might press your lordship, that when a prisoner is contumacious, according to the law of the land it shall be taken pro confesso against him. The House of Commons, the supreme authority and jurisdiction of the kingdom, have declared that it is notorious the charge is true, as it is in truth as clear as crystal and as the sun that shines at noon

will

day; which, however, if the court are not satisfied in, I have, on the people of England's behalf, witnesses to produce, and therefore I pray (and yet it is not so much I as the innocent blood that hath been shed, the cry whereof is very great for justice and judgment) that speedy judgment be pronounced." Bradshaw 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 invited 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 cannot acknowledge a new court that I never heard of before. 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 give me time I will show you my reasons why! 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 had done nothing against the trust that had been reposed in him; that he could not acknowledge a new court or alter the fundamental laws. Bradshaw replied, "Sir, this is the third time that you have publicly disowned this court and put an affront upon it. How far you have preserved the liberties of the people your actions have shown. Truly, Sir, men's intentions ought to be known by their actions; you have written your meaning in bloody 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 upon this day, Tuesday the 23rd, the Scottish commissioners, the Earl of Lothian, and Sir John Cheseley, who were in London for the purpose of treating with Charles and the parliament, and who had been dissatisfied with the concessions as to matters of religion made by the king at Newport, sent to the speaker of the Rump their solemn protest against all proceedings for bringing the king to trial. They proclaimed, in the name of the parliament and kingdom of Scotland, that they dissented, abominated, and detested the horrid design against his majesty's life; and that, as they were altogether free from the guilt of the same, so they hoped to be free from all the evils, miseries, confusions, and calamities that would follow thereupon.

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 determined 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 Marten, Saye, Lisle, and Love, and ordered to be engrossed.

On the morrow, the 27th of January, and the seventh day of this 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." The fact was, the soldiers, as had happened before, had begun to distrust the good faith or determination of their leaders, and to fancy darkly that, as six days had been allowed to pass without judgment, the king would be allowed to escape. 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

VOL. III.

• Whitelock.-Rushworth.

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 is my conscience and honour; and if I had a respect to my life more than to the peace of the 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 an 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, which was founded upon the supreme authority of the Commons of England, 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. 66 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

3 E