Chapter III (1)

THE TWO HOUSES IN THE GRASP OF THE ARMY: FINAL EFFORTS FOR THE KING: PRIDE'S PURGE AND ITS CONSEQUENCES--THE KING BROUGHT FROM HURST CASTLE TO WINDSOR: ORDINANCE FOR HIS TRIAL PASSED BY THE COMMONS ALONE: CONSTITUTION OF THE COURT--THE TRIAL IN WESTMINSTER HALL: INCIDENTS OF THE SEVEN SUCCESSIVE DAYS: THE SENTENCE--LAST THREE DAYS OF CHARLES'S LIFE: HIS EXECUTION AND BURIAL.

In taking the King out of the Isle of Wight, and lodging him for a time in the solitary keep of Hurst Castle on the Hampshire coast, the Army had proclaimed their intention of bringing him to public justice, and it was that they might compel this result that they had marched into London with Fairfax at their head. As they desired that the proceedings should be regular, they had resolved that the two Houses of Parliament, or at least one of them, should conduct the business.

THE TWO HOUSES IN THE GRASP OF THE ARMY: THEIR FINAL EFFORTS FOR THE KING: PRIDE'S PURGE AND ITS CONSEQUENCES.

Here was their difficulty. On Dec. 2, 1648, when the Army took possession of London, there were nineteen Peers present in their places in the House of Lords: viz. the Earl of Manchester, as Speaker; the Earls of Pembroke, Rutland, Salisbury, Suffolk, Lincoln, Mulgrave, Middlesex, Stamford, Northumberland, and Nottingham; Viscount Save and Sele; and Lords Howard, Maynard, Dacres, Montague, North, Hunsdon, and Berkeley. From such a body the Army could not hope much. Three or four of them might be reckoned on as thorough-going; but to most a crisis had come which was too terrible. Ah! had they foreseen it six years before, had they then foreseen that their own order and all the pleasantness of their aristocratic lives would go down in the contest to which they were lending themselves, would their choice between the two sides have been the same? To have sat on through those six years, a mere residuary rag of the English Peerage, at variance with the King and the vast majority of their own order; to have figured through the struggle as nominally the superior House, but really the mere ciphers of the Commons; to have had to throw all their aristocratic dignity and all their permissible conservatism at last into the miserable form of partisanship with a despotic Presbyterianism and zeal for the suppression of Sects, Heresies, and Independency:--here was a retrospect for men of rank, men of ambition, men of pride in their pedigrees! And now to have an Army of these Independents, Sectaries, and Heretics, holding them by the throat, and prepared to dictate to them the alternative of their own annihilation or their assent to a deed of horror!--Such being the position of the Lords, how was it with the Commons? In that House about 260 members were still giving attendance, or were at hand to attend when wanted. On the 2nd of December there were 232 in the House. A staunch minority of these were Independents in league with the Army; but the decided majority were men of the Presbyterian party, full of regrets at the failure of the Treaty of Newport, but ready to resume negotiations with the King on the basis of the terms offered him in that Treaty, or indeed now on any other basis on which there could be agreement. Detestation of the Army was, therefore, the ruling feeling in this House too: but the detestation was mingled with dread. With regiments at their doors, with regiments posted here and there on the skirts of the City, all alert against any symptom of a rising of the Presbyterian Londoners, they could not hope now for any chance of seeing the Army overmastered for them by the only means left-popular tumult and a carnage in the streets. All that the Commons could do, therefore, was to be sullen, and offer a passive resistance. [Footnote: Lords and Commons Journals of Dec. 2, 1648; and Records of Divisions in Commons Journals through the previous month. There were thirteen divisions in that month, showing an attendance ranging from 80 to 261.]

It was on Monday the 4th and Tuesday the 5th of December that the attitude which the two Houses meant to take towards the Army was definitely ascertained. On the first of these days, the news of the King's removal to Hurst Castle having meanwhile arrived, there was a fierce debate in the Commons over that act of the Army, the Presbyterians protesting against its "insolency," and at length carrying, by a majority of 136 votes to 102, a Resolution that it had been done "without the knowledge or consent" of the House. On the same day the House proceeded to a debate, continued all through the night, and till nine o'clock next morning, on the results of the Treaty of Newport. The Presbyterian speakers, such as Sir Robert Harley, Sir Benjamin Rudyard, Harbottle Grimstone, Sir Simonds D'Ewes, and Clement Walker, contended that the King's concessions were satisfactory; the negative was maintained by a succession of speakers, among whom were the two Vanes. The Presbyterians, having originally put the question in this form, "Whether the King's Answers to the Propositions of both Houses be satisfactory," did not risk a division on so wide an issue, but thought it more prudent to divide on the previous question, "Whether this question shall now be put." Having carried this in the negative by 144 to 93, they were enabled to shape the question in this likelier form, "That the Answers of the King to the Propositions of both Houses are a ground for the House to proceed upon for the Settlement of the Peace of the Kingdom;" and it was on the question in this form that the debate was protracted through the night of the 4th and into the 5th. The most extraordinary incident of the debate on the 5th was the appearance made by Prynne. He had been a member of the House only a month, having taken his seat for Newport in Cornwall on the 7th of November; and he now came forward, the poor indomitable man, with a speech of vast length and most elaborate composition, in favour of that sovereign whose reign had been to him of all men ruinous and horrible. With his face muffled to hide the scars of his old mutilations by the hangman's knife, he stood up, and, after a touching recitation of all that he had suffered, denounced the Army and its outrages on Parliamentary freedom, expounded his views of Presbyterianism and right constitutional government, and pleaded earnestly for a reconciliation with Charles. His speech, if it was actually delivered as it is printed, must have occupied four or five hours in the delivery; but one must suppose he gave only part of it and reserved the rest for the press. He was heard, he says, with great attention, and had the satisfaction not only of pleasing his own party, but also of making converts. At one time or another during the debate there had been, he says, as many as 340 members present; but many of these had been wearied out by the long night-sitting. Accordingly in the final vote on Tuesday morning there were 129 for the affirmative in the question, and only 83 for the negative: _i.e._ in a House of 212 there were three-fifths for a reconciliation with the King, and two-fifths for complying with the Army and bringing the King to justice. The concurrence of the Lords with the majority in the Commons was a matter of course. It was given the same day, _nem. con._, Manchester being in the chair, and only fourteen other Peers present. By way of tempering the whole result as much as possible, a Committee was appointed by the Commons to wait on Fairfax and his officers that afternoon, with a view to "the keeping and preserving a good correspondence" between Parliament and the Army. [Footnote: Commons and Lords Journals of the days named; Clement Walker's Hist, of Indep. Part. II. pp. 28, 29; and Parl. Hist. III. 1147-1239. Of these 92 closely printed columns of the Parl. Hist. 86 are taken up with a reprint of Prynne's speech, as published by himself in the end of Jan. 1648-9. The editor remarks on the fact that, with the exception of Clement Walker, none of the contemporary writers mention Prynne's speech at all. This confirms the supposition that it cannot have been so large in delivery as it is in print. Yet that it must have been very large appears not only from Prynne's own account, but also from who says: "This he held on the affirmative with so many strong and solid reasons, arguments, and precedents both out of Divinity, Law, History, and policy, and with so clear a confutation of the opposite argument, that no man took up the bucklers against him."]

The Army had their own plan for bringing about a "good correspondence," and they put it in operation on the two following days, Dec. 6 and 7. Not troubling themselves with the Lords--who met for mere form on each of these days (only seven present on the first and eight on the other)--they applied their plan to the Commons. It consisted in what was called PRIDE'S PURGE, the style of which was as follows:--On the morning of the 6th, when the members were going into the House, they found all the entrances blocked by two or three regiments of soldiers, under the command of Colonels Pride, Hewson, and Sir Hardress Waller. Every member, as he came up, was scrutinized by these armed critics, and especially by Colonel Pride, who had a list of names in his hand, and some people about him to point out members he did not know. If a member passed this scrutiny, they let him in; if not, they begged him not to think of taking his place in the House, and, if he persisted, hauled him back, and locked him up in one of the empty law-courts conveniently near. Mr. Prynne, who made a conspicuous resistance, was locked up in this way; Sir Robert Harley, Sir William Waller, Sir Samuel Luke, Sir Robert Pye, General Massey, Clement Walker, Sir Simonds D'Ewes, Sir Benjamin Rudyard, and others and others, including even Nathaniel Fiennes, who had shown momentary weakness, were similarly disposed of; till at length the members who had presented themselves were sifted into two divisions--a goodly band regularly within the House, and forty-one fuming outside as prisoners in the law-courts. Messages passed and repassed between the two divisions, and the House made some faint show of protest and of anxiety for the release of the arrested. Any decided motion to this effect, however, was prevented by a communication to the House from Fairfax and his General Council of Officers. Colonel Axtell and some other officers, being admitted, announced the message verbally, and it was subsequently presented in writing by Colonel Whalley. Under the name of "Humble Proposals and Desires," this paper reminded the House of their former votes for expelling and disabling Denzil Holles, General Massey, and the rest of the Presbyterian Eleven impeached by the Army in 1647, and demanded that these members, irregularly and scandalously re-admitted to their places, should be again excluded and held to trial. It farther demanded that about 90 members, alleged to have been more or less in complicity with the Scots in their late invasion of England, should be disabled; it prayed for an immediate repeal of the Votes on which the Treaty of Newport had proceeded, and of the Vote of the previous day for reliance on that Treaty; and it begged all truly patriotic members to form themselves visibly into a phalanx, apart from the others, that they might be counted and known. In fact, the message not only adopted Pride's rough measure of that day as authorized by the whole Army, but represented it as only a friendly interposition, doing for the House in part what the House must be anxious to do more fully for itself. So the afternoon passed, the forty-one, still remaining in durance, visited by various persons who had Fairfax's or Pride's permission, and especially by Hugh Peters. He took a list of their names, discoursed with them, released Rudyard and Fiennes, and promised the rest that they should be removed to fit quarters for the night in Wallingford House. As night came on, however, and Wallingford House was not available, they were taken, under guard, to a common victualling-house near, jocularly called _Hell_; and here, some of them walking about, and others stretched on benches and chairs, or on the floor, in two upper rooms, they spent the night "reading and singing psalms to God." Next day there were again requests from the House to Fairfax for their release. It could not be granted; but they were marched through the streets to better accommodation in two inns in the Strand, called the Swan and the King's Head. Meanwhile Pride's watch at the doors of the House had been effectively continued. There were several new arrests on the 7th; many members, not arrested, were forcibly turned back; and many more, among whom was Denzil Holies, kept prudently out of the way. Altogether, the number of the arrested was 47, and that of the excluded 96. It was a purgation quite sufficient for the Army's purpose. This was proved by a vote actually taken in the House on the 7th, after the purgation was complete. "The question being propounded, That the House proceed with the Proposals of the Army," it was carried by 50 to 28 that the question should be put and the Proposals proceeded with. As most of the minority in this division withdrew in consequence, the House was reduced from that moment to just such a tight little Parliamentary body as the Army desired. [Footnote: Lords and Commons Journals of days named; Rushw. VII. 1353-1356; Parl. Hist. III. 1240-1249 (a careful compilation of contemporary accounts).]

Cromwell was again among them. He had returned to town on the evening of the 6th, and he was in his place in the Commons on the 7th, receiving the thanks of the House, through the Speaker, for his "very great and eminently faithful services" in Wales, Scotland, and the North of England. He had not been concerned in the design of Pride's Purge, and the business was half over before his arrival in town; but he quite approved of what had been done, and said he would maintain it. The younger Vane, on the other hand, had been so staggered by the proceeding that he had withdrawn from the scene, to avoid further responsibility. [Footnote: Commons Journals, Dec. 7; Parl. Hist. III. 1246; and Godwin, III. 31.]

For a fortnight after Pride's Purge, the two Houses, reduced now to such dimensions as might suit the Army's purpose, went on transacting various business. The attendance in the Lords had dwindled to five, four, and even to three, raised on one occasion to seven. In the Commons the attendance does not seem to have ever exceeded 50 or 60. It is in the proceedings of this House, of course, that one sees the steady direction of affairs towards the end prescribed by the Army. There were all kinds of items of employment during the fortnight, including orders about the Navy, orders in mercantile matters, discharges of some of the secluded and imprisoned members, votes condemning those who continued contumacious and had ventured on protests in print, receptions of petitions and addresses of confidence from various public bodies, and attendance by such as chose on a special Fast-day Sermon preached by Hugh Peters. But through these miscellaneous proceedings one notes the main track in such votes as these:--Dec. 12, Vote for repealing all former votes and acts condoning the faults of Denzil Holles and the rest of the impeached Presbyterian leaders, and on the same day a Vote declaring the re-opening of a Treaty with the King in the Isle of Wight to have been dishonourable and apparently destructive to the good of the kingdom; Dec. 13, A farther Vote, in compliance with the Army's Proposals, disowning entirely the Treaty in the Isle of Wight, and repealing the Vote of the previous week for proceeding to a settlement on the grounds supplied by the King's Answers in that Treaty; Dec. 23, Resolution, "That it be referred to a Committee to consider how to proceed in a way of justice against the King and other capital offenders, and that the said Committee do present their opinions thereupon to the House with all convenient speed." The Committee so appointed consisted of 38 members of the House, among whom were St. John, Whitlocke, Skippon, Lord Grey, Lord Lisle, Sir Henry Mildmay, Pennington, and Henry Marten. [Footnote: Lords and Commons Journals from Dec. 8 to Dec. 23; Parl. Hist. III. 1247-1253; Whitlocke, Dec. 23.] Cromwell was not of the Committee, and some of those put upon it were not likely to attend. Indeed, though the Resolution passed without a division, the reluctance of some who were present had appeared in the course of the debate. They argued that there was no precedent in History for the judicial trial of a King, and that, if the Army were determined that Charles should be punished capitally, the business should be left to the Army itself as an exceptional and irregular power.

THE KING BROUGHT FROM HURST CASTLE TO WINDSOR: ORDINANCE FOR HIS TRIAL PASSED BY THE COMMONS ALONE: CONSTITUTION OF THE COURT.

Some days before the Resolution of Dec. 23 was adopted by the Commons, the Army had taken steps for bringing the King nearer to London, to abide the issue. He had been in Hurst Castle for about a fortnight, rather poorly lodged in the old apartments of the keep, and complaining of the fogs that rose from the salt-water marshes around, with their beds of ooze and sea-kelp. His amusement had been in the sight of the passing ships, in his daily walk along the narrow neck of shingle connecting the castle with the mainland, and in the companionship of his select attendants in the evenings, when the drawbridge was up, the guard set, the woodfires blazing indoors, and the candles lit. He had brought with him from Newport fourteen personal attendants in all, including his two gentlemen of the bedchamber, Mr. James Harrington (afterwards known as the author of _Oceana_) and Mr. Thomas Herbert. Both these gentlemen, though their principles and connexions were originally Parliamentarian, had, in the course of their long attendance on the royal captive, contracted a respectful affection for him. Harrington, indeed, had been speaking out so openly in praise of his Majesty's conduct in the Newport Treaty, and of the talent he had shown in his debates with the Presbyterian divines, that those who were in charge had thought it unsafe to let him remain in the service. He had therefore been dismissed, and the duty of immediate waiting on the King had been left entirely to Mr. Herbert.

It was at midnight on the 16th or 17th of December that this gentleman, asleep in the little room he occupied next to the King's chamber, was roused by hearing the drawbridge outside let down, and some horsemen enter the Castle. Next morning he found that the King had heard the noise too, and was curious to know the cause. Mr. Herbert went out to inquire, and came back with the information that Major Harrison had arrived in the night. Nothing more was said at the moment, and the King went to prayers; but later in the day the King seemed very much discomposed, and told Herbert that Harrison was the very man against whom he had most frequently received private warnings. He had never, to his knowledge, seen the Major, but he had heard much of the wild enthusiasm of his character; and, if assassination were intended, and this man were to be the agent, what likelier place than the lonely sea-keep where they then were? To relieve his Majesty's mind if possible, Mr. Herbert went out to make farther inquiries. He soon returned with the intelligence that the purpose of Harrison's visit was to arrange for his Majesty's removal to Windsor Castle. Nothing could be more agreeable to the King than the prospect of "leaving the worst to enjoy the best Castle in England;" and all fear vanished.

After two nights, Major Harrison left the Castle mysteriously as he had come, and without having seen the King or spoken to any of his attendants. He had made the necessary arrangements, and the actual removal of the King was to be superintended by the same Colonel Cobbet who had managed his abduction from the Isle of Wight. This officer, arriving two days afterwards, formally announced his business; and, his Majesty being very willing, there was no delay. Passing along the spit of land from Hurst Castle to Milford, they found a body of horse there waiting; and, under this convoy, they rode inland through Hampshire, gradually leaving the sea behind. By a route through the New Forest and past Romsey, they reached Winchester, where they made some stay, the Mayor, Aldermen, and Clergymen of the City, and many of the gentry round, coming in dutifully to pay their respects. Thence to New Alresford, and so to Farnham in Surrey. It was on the road between these two towns that they passed another troop of horse drawn up in good order, which immediately closed up in the rear and went on with them. The King was particularly struck with the appearance of the commander of this troop, a man gallantly mounted, with a velvet montero on his head, a new buff- coat, and a crimson silk scarf round his waist, who, as the King passed at an easy pace, saluted him splendidly "_alia soldado_" and received a gracious bow in return. Inquiring of Mr. Herbert who he was, the King was greatly surprised to learn he was the dreadful Major Harrison. He looked a real soldier, the King said, and, if there might be trust in men's faces, was not the man to be an assassin. On arriving at Farnham, where they spent the night in a private house, the King took care to pay considerable attention to Harrison. Standing by the fire before supper, in a large wainscoted room full of people, he singled out Harrison at the other end, beckoned him to come up, took him by the arm, and led him to a window-recess, where they conversed for half an hour. Apparently Harrison's words were not so satisfactory as his looks. He disowned indignantly any such design against the King as had been imputed to him, but added something to the effect that great and small alike must be subject to Law, and that Justice could pay no respect to persons. The King, who had never yet brought himself to imagine the possibility of his public trial in any form, saw no particular significance in Harrison's words, but thought them "affectedly spoken," and broke off the conversation. He was very cheerful at supper, greatly to the delight of his suite. Next day, taking Bagshot on the way and dining at Lord Newburgh's house there, they arrived at Windsor, and were received by Colonel Whichcot, the officer in command. It was the very day, Saturday Dec. 23, on which the Commons had appointed their Committee for considering the means of bringing the King to justice, and the Committee were holding their first meeting in Westminster that afternoon. The news had probably not yet reached Windsor, or it remained unknown to the King. He took up his abode in his royal apartments in the Castle; and the next day, as he paused in his Sunday walk round the exterior, he looked with no especial anxiety Londonwards, but rejoiced once more in the view of the Thames flowing by Eton, and the far expanse of lull and valley, villages and fair houses, noble even in its wintry leaflessness and the dull gloom of the December air. [Footnote: Herbert's Memoirs, 126-145; Rushworth VII. 1371; Parl. Hist. III. l26.]

Christmas-week having passed, and the Committee for justice on the King having had several meetings, the Commons, on the 1st of January 1648-9, passed a Resolution and an Ordinance. The Resolution was "That, by the fundamental laws of this kingdom, it is Treason in the King of England for the time being to levy war against the Parliament and Kingdom of England;" the Ordinance was one beginning "Whereas it is notorious that Charles Stuart, the now King of England," and ending with the appointment of a High Court of Justice for the Trial of the King, to consist of about 150 persons named as Commissioners and Judges expressly for the purpose. Five Peers were named first on this Commission; then Chief Justices Rolle and St. John and Chief Baron Wylde; then Fairfax, Cromwell, Ireton, and many more members of the Commons and Army Officers; but a considerable proportion of those named were Lawyers, Aldermen, and Citizens, not members of the House. Any twenty of the Commissioners were to be a quorum.--On the following day (Jan. 2), the Resolution and Ordinance having been sent up to the Lords for their concurrence, there was a scene of agony in that House. As many as twelve Peers had mustered for the occasion, including four of the five whom the Commons had named first in the dreadful Commission. Unanimously and passionately all the Peers present rejected both Resolution and Ordinance, the Earl of Denbigh declaring he "would be torn in pieces rather than have any share in so infamous a business," and the Earl of Pembroke, who came nearest to neutrality, saying he "loved not businesses of life and death." Having hurled this defiance at the Commons, the Lords were powerless for more, and adjourned for a week.

It was a week of rapid action and counter-defiance by the Commons. Not a few of the feebler spirits, indeed, had taken leave of absence. Whitlocke, for one, had gone into the country. The Clerk of the House, Mr. Elsyng, had feigned ill-health and resigned. Nevertheless, with a temporary substitute to do Mr. Elsyng's duty, the House pushed on. Jan. 3, they sent two of their number to inspect the Journals of the Lords and ascertain formally the proceedings of that House on the preceding day. When these were reported, some were for impeaching the twelve Peers as co-Delinquents with the King. To the majority, however, such a course appeared quite unnecessary; it was enough to declare that, as the Lords would not concur, the Commons would act without their concurrence. Jan. 4, after a debate with locked doors, this momentous Resolution was passed: "That the Commons of England in Parliament assembled do declare, That the People are, under God, the original of all just power; and do also declare, That the Commons of England in Parliament assembled, being chosen by and 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 the King, or House of Peers, be not had thereunto." The Ordinance for a High Court of Justice for the King's trial had meanwhile been re-introduced, with the omission of the five Peers, the three Judges, and some other reluctant persons named in the original Ordinance, and with the addition of two eminent lawyers not there named; so that Fairfax, Cromwell, and Treton now stood at the top of a total list of 135 judicial Commissioners. Hurried through the proper three stages, this Bill became law by the authority of the Commons alone, Jan. 6,--On the 9th of January, when the Peers re-assembled after their adjournment, seven being present, they made a faint attempt to recover influence. They sketched out an Ordinance to the effect that whatsoever King of England should _in future_ levy war against the Parliament and the Kingdom should be guilty of High Treason, and they appointed a Committee to prepare such an Ordinance. At the same time, ignoring the virtual abolition of their House by the Commons, they endeavoured to renew communications between the two Houses in the usual manner, by sending a message about various matters of mere ordinary business that had been pending between the two. This led to a curious proof that even in the thoroughgoing body that now constituted the Commons there was still a difference between most thoroughgoing and moderately thoroughgoing. There was first a division on the question whether the messengers from the Lords should he received at all; and, while 31 voted for admitting them, a minority of 18, with Henry Marten and Ludlow for their tellers, voted _No_. Then, after the messengers had been received and had delivered their message, it was debated whether they should be dismissed with the customary answer that the House would reply in due course by messengers of their own. Out of 52 present, 19 voted _No_ (Ireton one of the tellers), and 33 voted for keeping up the usual courtesy. But, though a majority were thus for treating the Lords as still extant, practically the whole House was in the same ultra- democratic temper. That very day, for example, on the report of a Committee, orders were given for the engraving of a new Great Seal, with instructions that on one side there should be a map of England and Ireland, with the Islands of Jersey and Guernsey, also the English and Irish arms, and the words "The Great Seal of England: 1648," and on the reverse a representation of the House of Commons sitting, and the motto "In the First Year of Freedom by God's blessing restored: 1648." The deviser of these emblems was the Republican Henry Marten. [Footnote: Lords and Commons Journals of days named; Rushworth, VII. 1379 _et seq._; Parl. Hist. III. 1253-1258; Whitlocke under dates given.]

Not even yet did Charles realize the extent of his danger. Well-treated at Windsor, and allowed the liberty of walking on the terrace and in the grounds, he had kept up his spirits wonderfully, and had been heard to say he "doubted not but within six months to see peace in England, and, in case of not restoring, to be righted from Ireland, Denmark, and other places." Even after information of the proceedings of the Commons and their rupture with the Lords had reached him, he scouted the idea of the public trial which was threatened. They dared not do such a thing! At the utmost, he expected that the Commons might venture to depose him, confine him in the Tower or elsewhere, and call upon the Prince of Wales, or perhaps the Duke of York or the Duke of Gloucester, to assume the succession! [Footnote: Herbert's Memoirs, 145-156; Whitlocke, II. 488.]

Meanwhile the Court appointed to try the King had met to constitute itself. Formal proclamation of its authority and of its business had been made in various public places in London; and, in a series of meeting held in the Painted Chamber in Westminster, preliminaries had been arranged. Not so many as half of the Commissioners appointed by the Ordinance seem to have attended at any of these meetings. Fairfax, who was present at the first (Jan. 8), recoiled then and there, and never went back. [Footnote: In Notes and Queries for July 6, 1872, Mr. William J. Thorns gave a carefully prepared list of the 135 persons named King's Judges by the Second Ordinance for the Trial, so printed as to show which of them really took part in the business thus assigned them, and to what extent, and which of them abstained wholly or withdrew before the close of the proceedings.] For President of the Court, with the title "Lord High President," there was chosen John Bradshaw, one of the lawyers added in the second form of the Ordinance, to make up for the omission there of the three Judges from the regular Law-Courts who had been appointed in the first Ordinance, but had been excused. He was over sixty years of age; had been eminent for some time in his profession; and had recently been one of a group of lawyers raised to the serjeantcy, with a view to their promotion to the Bench. As counsel for the prosecution, four lawyers, not on the Commission, were appointed, one of them John Cook, and another the learned Dutchman Dr. Dorislaus. Although these arrangements had been made before the 12th of January, another week elapsed before the Court was quite ready. The vaults under the Painted Chamber, which was to be the ordinary place of meeting of the Court, when not sitting in Westminster Hall for the open trial, had to be searched and secured against any attempt of the Guy Fawkes kind; a bullet-proof hat, it is said, had to be made for Bradshaw: the Mace and Sword of State had to be brought from their usual repositories; &c. The two Houses of Parliament meanwhile met from day to day, four or five Peers still keeping up the pretence of their corporate existence, and about 50 Commoners transacting this or that business as it happened, without the least reference to the Peers. Prynne, from his confinement in the King's Head Tavern in the Strand, had issued a defence of the King in the form of _A Brief Memento to the Present Unparliamentary Juncto_; and a good deal of the time of the Commons was taken up with notices of this pamphlet and votes for the prosecution of its author. [Footnote: Rushworth, VII, 1389-1394; Lords and Commons Journals; and Godwin's Hist. of the Commonwealth, II. 621 and 664-668.]

THE TRIAL IN WESTMINSTER HALL: INCIDENTS OF THE SEVEN SUCCESSIVE DAYS: THE SENTENCE.

On Friday, Jan. 19, Charles was brought from Windsor in a coach, guarded by a body of horse under Harrison's command, and conveyed through Brentford and Hammersmith to St. James's Palace. That same night he was removed to Whitehall; and, on the afternoon of Saturday the 20th, he was taken thence to Cotton House, adjoining Westminster Hall. This great hall, used for Strafford's trial, had now been fitted up for the King's, and the High Court of Justice were already assembled in it, waiting their prisoner. Bradshaw was in the chair, and sixty-six more of the Commissioners were present. Among them were Cromwell, Ireton, Henry Marten, Edmund Ludlow, General Hammond, Lord Grey of Groby, several Baronets and Knights, Colonels Ewer, Hawson, Robert Lilburne, Okey, Pride, Hutchinson, Purefoy, Sir Hardress Waller, and Whalley, with Major Harrison, Alderman Pennington of London, and three barristers. The hall was crowded with spectators, both on the floor and in the galleries; and order was kept by a guard of red-coats under Colonel Axtell. As the Court was forming itself, there had been a rather startling interruption by a woman's voice from one of the galleries. It was that of Lady Fairfax, who had gone in indignant curiosity, and, on hearing her husband's name read in the Commission, called out loudly to this effect, "He is not here, and will never be; you do him wrong to name him." This interruption was over, and the Court composed, when Charles was brought in by Colonel Hacker, and a select guard of officers armed with halberts. The Serjeant-at-Arms receiving him, and preceding him with the mace, he was conducted to the bar, where a chair of crimson velvet had been set for him. Some of his own servants followed him and stood round him. He looked sternly at the Court and at the people in the galleries; then sat down, keeping on his hat; then stood up, and turned round to look at the soldiers and the multitude; then sat down again, still with his hat on. He was now face to face with his judges. He looked at them carefully, and recognised about eight as personally known to him. [Footnote: Rushworth, VII. 1394-1399, and Herbert, 150-161. It is strange to find some points of contradiction between these two trustworthy accounts. Herbert, after apparently implying that the King had been brought from Windsor to St James's _before_ the 19th, makes his removal from St. James's to Whitehall occur on that day. Rushworth brings him to St. James's exactly on the 19th, and removes him to Whitehall next morning. Again, Herbert makes the King conveyed from Whitehall to Cotton House "in a sedan or close chair," and describes the walk through the posted guards, along King Street and Palace Yard, adding that only he himself was allowed to go with the King that way; whereas Rushworth says that the King was brought to Cotton House from Whitehall by water, "guarded by musketeers in boats." Rushworth's accounts, written at the moment, ought to be more accurate in such particulars, and especially in dates, than Herbert's, written from recollection; but Herbert can hardly have been wrong in the matter of the sedan chair. Perhaps, while the King went in such a chair, Herbert accompanying him, most of the King's servants went by water. For the names of all the sixty-seven King's Judges present on the first day of the Trial see Mr. Thomb's list in _Notes and Queries_, July 6, 1872. The figure 20 there appended to a name intimates presence that day.-- Among those of the 135 appointed Judges who did not attend on that day or on any subsequent one, and therefore must be supposed to have agreed with Fairfax in disowning the entire business, we may note Skippon, Sir Arthur Haselrig, Sir William Brereton, Desborough, Lambert, Overton, Lord Lisle, and Algernon Sidney.]

The proceedings of the Trial will be best exhibited in the following condensed account of the particulars of each day:--

_Saturday, Jan. 20_:--The President, in a brief address to the King, informed him of the business on which the Court had met, and called on him to hear the Charge against him. Solicitor Cook, standing within the bar, on the King's right, then began to state the Charge, but was interrupted by the King, who held out a stick which he had in his hand, and laid it softly twice or thrice on the Solicitor's shoulder, bidding him stop. Bradshaw having interfered, the Solicitor continued his statement, and delivered in his Charge in writing, which Bradshaw called on the Clerk of the Court to read. Charles again interrupted, and continued to interrupt; but, Bradshaw telling him that he would be heard afterwards if he had anything to say, the document was at length read. It accused Charles Stuart, King of England, of having "traitorously and maliciously levied war against the present Parliament and the People therein represented;" and it supported the Charge by a recitation of specific acts of the King done in the First Civil War from June 1642 to 1646, and again more generally of acts done in 1648 before and during the Second Civil War. Charles had smiled often as the Charge was read; and, when the President at the close asked what answer he had to give, begged to know by what authority he had been brought thither. He had been in treaty with Parliament in the Isle of Wight; he had been forcibly taken thence; he saw no Lords present; the crown of England was hereditary and not elective; in whose name was this Court held? "In that of the Commons of England," Bradshaw replied; and there ensued a skirmish between him and the King on the question of authority, which Bradshaw ended by adjourning the Court till Monday at ten o'clock.

_Monday, Jan. 22_:-After a consultation in the Painted Chamber, the Court met in Westminster Hall, _seventy_ members present, and answering to their names. The skirmish between Bradshaw and the King was renewed: Bradshaw requiring the King's Answer to the Charge "either by confessing or denying," and the King refusing the Court's jurisdiction, not for his own sake alone, he said, but "for the freedom and liberty of the people of England," imperilled by the assumption of the Court's legality. "Sir, I must interrupt you," said Bradshaw; "which I would not do, but that what you do is not agreeable to the proceedings of any Court of Justice." No Court, he said, could permit its own authority to be questioned; the King must not go out into such wide discourses; he must give a punctual and direct answer. No such answer would the King give; he would have law and reason for his being in that place at all. "Sir, you are not to dispute our authority," again interrupted Bradshaw; "you are told it again by the Court: Sir, it will be taken notice of you that you stand in contempt of the Court, and your contempt will be recorded accordingly." The King "did not know how a King might be a delinquent by any law he ever heard of;" but any Delinquent might put in a demurrer. And so on and on for a considerable time, the Clerk of the Court reading out the Resolution of the Court that the King should give his answer, and the King still insisting on giving reasons why he would not. "Serjeant, take away the prisoner," said the Lord President at last; and the King, still talking, was removed to Cotton House.----He left in writing, for subsequent publication, the reasons he wanted to state to the Court that day. The chief of them was that no earthly power could justly call a King to account. He quoted, as Scripture authority, Eccles. viii. 4: "Where the word of a King is, there is power; and who may say unto him, What dost thou?" But he appealed also to the Law and Custom of England.

_Tuesday, Jan. 23_:-The Court again met in Westminster Hall, 63 Commissioners present. Solicitor Cook moved that, the King having refused to plead either Guilty _or_ Not Guilty, the rule for such cases of contumacy should be applied to him, his refusal taken _pro confesso_, and judgment pronounced. The Lord President, calling the King's attention to this motion, offered him another opportunity of pleading, which he used only to return to the discourses of the two previous days. "Clerk, do your duty!" said Bradshaw at last. "Duty, Sir!" exclaimed the King; and, the Clerk having again read out a paper requiring the King's positive answer to the Charge, and the King still refusing, "Clerk, record "the default," said Bradshaw, "and, gentlemen, you that took "charge of the prisoner, take him back again." That night, like the preceding, was spent in Cotton House.

_Wednesday, Jan. 24, and Thursday, Jan. 25_:--No public meetings of the Court in Westminster Hall on these days; but more private sessions in the Painted Chamber for the purpose of receiving the depositions of witnesses,--the Court having determined that, though not obliged to that course, they would adopt it for their own satisfaction. Accordingly there were examined more than thirty witnesses from various parts of England-- "W. C., of Patrington in Holderness, in the county of York, gentleman, aged 42;" "W. B., of Wixhall, in the county of Salop, gentleman;" "H. H., of Stratford-upon-Avon in Warwickshire;" "R. L., of Cotton in Nottinghamshire, tiler;" "J. W., of Ross in Herefordshire, shoemaker;" "S. L., of Nottingham, maltster, aged 30 years;" "A. Y., citizen and barber-surgeon of London, aged 29;" "H. G., of Gray's Inn, in the county of Middlesex, gentleman;" &c. &c. They deposed to various acts of the King seen by themselves, from the setting up of his standard at Nottingham onwards. Papers in the King's own hand, or by his authority, were also produced and read. Finally, the Court, "taking into consideration the whole matter," resolved to proceed to sentence on the King as "a tyrant, traitor, and murderer," and as "a public enemy to the Commonwealth of England."

_Friday, Jan. 26_:--A private sitting of the Court in the Painted Chamber, in which the Sentence was drafted, agreed to, and ordered to be engrossed.

_Saturday, Jan. 27_:--First another private meeting in the Painted Chamber to settle the procedure of the Court for the day, and give President Bradshaw instructions for his behaviour in any contingency that might arise, one of them being that he "should hear the King say what he would before the sentence, and not after." Then, about one o'clock, an adjournment to full state in Westminster Hall. The Lord President was now robed in scarlet, and there were 67 Commissioners present. The Court having been opened, Charles, whose presence had not been required on the three preceding days, was brought in. As he went to his place, the soldiers in the Hall called out "Justice," "Justice," and "Execution!" till the Court commanded silence. The King, in his usual posture, with his hat on, immediately began to speak. The President told him he would have liberty to do so, but must hear the Court first. After some farther attempts to speak then, the King submitted; and Bradshaw, reminding him of what had passed in the first three meetings of the Court, related the subsequent action of the Court, and their conclusion on the whole matter, and called upon him to say anything he pleased in bar of judgment, provided it were in his own defence, and not in renewed challenge of the Court's jurisdiction. With difficulty keeping off the forbidden topic, Charles dwelt on the dangers of a hasty sentence, and urged a special request which he had reserved for the occasion. It was that, before sentence was read, he should be permitted to have a conference with the Lords and Commons in the Painted Chamber. Bradshaw, though he gave it as his opinion that the request only tended to delay, and was in fact a farther declining of the jurisdiction of the Court, yet announced that the Court would withdraw to consider it. There was therefore a private consultation for half an hour in the Court of Wards, the King meanwhile being removed from the Great Hall. When the Court had returned thither, and the King had been brought back, Bradshaw intimated that the consultation had been _pro forma_ only, that the request could not be granted, that the Court must proceed to sentence. There was another painful altercation, the King pressing his request for delay, and seeming to hint he had some important proposal to make to the Lords and Commons (abdication in favour of the Prince of Wales, it was afterwards guessed); and Bradshaw trying to stop him. At length, the King ceasing to interrupt, Bradshaw's words took continuous form for a minute or two in that kind of address which a Judge makes to a capital criminal before passing sentence. "Make an _O yes,_" he said in conclusion to the officers, "and command silence while the Sentence is read." The Clerk then read out the sentence as it had been engressed on parchment, as follows:--"_Whereas the Commons of England in Parliament, &c._ [a statement of the purpose of the Court, an insertion of the Charge against Charles, and a record of his refusal to plead and the consequent proceedings of the Court], _ this Court doth adjudge that the said Charles Stuart, as a Tyrant, Traitor, Murderer, and a Public Enemy, shall be put to death by the severing of his head from his body._ "The President then said, "The sentence now read and published is the act, sentence, judgement, and resolution of the whole Court;" whereupon all the Commissioners stood up to express their assent. "His Majesty then said, Will you hear me a word, Sir? _President_: Sir, you are not to be heard after the sentence. _King_: No, Sir? _President_: No, Sir, by your favour. Sir. Guard, withdraw your prisoner. _King_: I _may_ speak after sentence, by your favour, Sir; I _may_ speak after sentence, ever. By your favour, hold [the guard, one must suppose, now hustling around Charles]. The sentence, Sir--I say Sir, I do--I am not suffered to speak; Expect what justice other people will have." As he passed out with the guard, there were again cries from the soldiers of "Justice," "Justice," and some brutes among them puffed their tobacco-smoke in front of him, and threw their pipes in his way. He was taken to Whitehall and thence to St. James's. [Footnote: Abridged mainly from Rushworth's collection of accounts in 30 folio pages (VII. 1395-1425). The _sixty-seven_ of the King's judges who were present in Westminster Hall on the 27th, when the sentence was pronounced, are to be regarded as the men most resolute in the business, the committed Regicides. Two of these (George Fleetwood and Thomas Wayte) came in at the last moment, not having attended any of the previous meetings of the Court from the beginning of the Trial on the 20th. On the other hand, some nine or ten who had been present on one, two, or even all of the three previous public days of the Trial (the 20th, 22nd, and 23rd), had dropped off before the sentence; among them whome I note Alderman Isaac Pennington. He had been present all the three previous days; but could not reconcile himself to the conclusion. Of the sixty-seven who did reconcile themselves to it, _fifty-one_, as I reckon, are conspicuous for their unswerving steadiness throughout the proceedings, never having missed a day in their attendance from the 20th to the 27th inclusively. Among these are Bradshaw, Cromwell, Ireton, Marten, General Hammond, Ludlow, Lord Grey of Groby, Sir John Danvers, Pride, Purefoy, Hewson, Hutchinson, Robert Lilburne, Okey, Sir Hardress Waller, Whalley, Harrison, Sir M. Livesy, and Thomas Scott. Several of those, however, who had missed one or even two of the days of the Trial had done so accidentally, or for some reason of business, and not from flinching. Finally, of the sixty-seven who were present at the sentence, and stood up when it was pronounced to signify their concurrence, several were either reluctant at the time, or at all events afterwards wished people to believe that they were.]

LAST THREE DAYS OF CHARLES'S LIFE: HIS EXECUTION AND BURIAL.

The last two days and three nights of Charles's life were spent by him in the utmost possible privacy. From the first day of his trial, by an order of the Commons, procured by the intercession of Hugh Peters, he had been allowed to have Dr. Juxon, ex-Bishop of London, constantly in attendance upon him; and there was a fresh order continuing this favour after the sentence. Except Juxon and the faithful gentleman of the bedchamber, Thomas Herbert, the King did not desire company; and it was a relief to him when, on the remonstrances of these two with Hacker, that officer desisted from his intention of placing two musketeers on guard in his chamber. [Footnote: Commons Journals of the 20th and the 27th, and Herbert, 182-3.]

On the evening of the 27th, the day of the sentence, the King's nephew, the Prince Elector, who had special permission to see him, came for the purpose, accompanied by the Duke of Richmond, the Marquis of Hertford, the Earls of Southampton and Lindsey, and some other noblemen. They had to be content with a message of thanks through Herbert, and went sorrowfully away. The same evening there also arrived Mr. Henry Seymour, with a letter from the Prince of Wales, dated from the Hague a few days before. This messenger, having been admitted by Colonel Hacker, did see the King, and knelt passionately at his feet, while he read the letter, and returned some verbal answer. There then remained only Herbert and Juxon with the King; but, as the night came on, Herbert was sent out on a message. He was to take a ring which the King gave him, an emerald between two diamonds, and deliver it to a lady living in Channel Row, who would know what it meant. The night was very dark; but Herbert, having got the pass-word from Colonel Tomlinson, who was in command outside, made his way through the sentries to the house indicated. He saw the lady, and, on delivering the ring, received from her a sealed cabinet. It was a box of diamonds and other jewels, chiefly broken Georges and Garters, which had been deposited with the lady, who was the King's laundress and wife of Sir William Wheeler. Returning with it to St. James's, Herbert found Juxon just gone to his lodging near, and the King alone. Herbert slept that night in the King's chamber, as he had done since the beginning of the trial, a pallet-bed having been brought in for the purpose by the King's order, and placed near his own bed. As always, the wax-light in the silver basin was kept faintly burning. [Footnote: Herbert, 170-178; and Wood's Ath. IV. 28-31. Wood's account was derived from Herbert himself, and substantially is the same as Herbert's own in his published _Memoirs_, but with additional particulars, of which some are peculiarly interesting.]