CHAPTER XVIII.
OF THE TRIAL OF THE KING.
On the twenty-eighth day of December, we, being according to our wontin the Commons' House, heard read the report of a Committee to whichhad been committed the matter of the King's trial. It ran thus, to putit in a few words, that "Charles Stuart" (for so they entitled hisgracious Majesty) "had acted contrary to his trust in setting up hisstandard and making war against the Parliament;" and this report wasdebated on the day following, and it was resolved that he should betried on this same charge, and to the same Committee was given thebusiness of choosing who should be his judges.
This same day there happened a thing which showed of how resolute andfierce a temper were they who had the chief power at this time. We hadhad some converse with one Pitcher, that had been a major in theKing's army and was then lying hid in London, being intent indeed onthe same business with which we were occupied. We counselled him todepart, for indeed his life was already forfeit. He had been in theKing's garrison at Worcester, and had engaged not to bear arms anymore against the Parliament. Nevertheless, he had been found in armsin the late fighting at Pembroke. And having been yet again spared oncondition that he should depart from this realm, nor return thitherfor the space of two years without leave first had, he still delayedin London. I told him that it was a desperate matter, and that he hadbest depart; but he was obstinate to remain. "Nay," said he, "who cansay what will happen in the space of two years, even to the doing ofhis gracious Majesty to death? There I can avail nothing; here,perchance, I may do some good. Though it may be but the thousandthpart of a chance, I will even risk my life upon it." And this he did,even to the losing of it. How it fell out I know not, whether one thatsaw him at Worcester or Pembroke knew him again, or whether hebetrayed himself--for he was ever bold, even to rashness, in hisspeech--but 'tis certain he was taken at a tavern in Westminster, andthe next day shot in St. Paul's Churchyard. I cannot name them thatdid it; but it was proof, if indeed proof were needed, that they whosought to help the King carried their lives in their hands.
On the first day of January the Commons' House voted that the King hadbeen guilty of high treason in levying war against the Parliament.
The same night John Ellgood and I, walking near to Charing Cross, sawa mighty strange sight which was as a comedy in the midst of atragedy. There met us a company of soldiers, and with them a whole_posse_ of players, habited in their robes, as kings, and judges,and queens, and as the other characters that are wont to be seen uponthe stage. We heard that the Lord General had commanded this to bedone, and that the players still performing their plays against theordinance of Parliament, the soldiers had taken them as they were fromDrury Lane and Salisbury Court.
On the fourth day of January, the Lords having rejected the ordinanceconcerning the trial of the King, the Commons declared that whatsoeverwas passed by them had the force of law, and this they did without anyman saying "Nay!"
On the ninth day of the same month we, being in Westminster Hall (forwe were always intent to see and hear what might happen), saw theSerjeant-at-Arms, bearing the mace upon his shoulder, having certainofficers with him and six trumpeters, and a guard of horse and foot,ride into Westminster Hall and there proclaim, "If any man has aughtagainst Charles Stuart, King of England, let him come before theCommissioners appointed for the trial of the said Charles Stuart atthis time to-morrow and make it known."
At length, on the nineteenth day of January, the trial was indeedbegun, taking place in Westminster Hall, at the upper end, where theCourts of Chancery and King's Bench were wont to be held, the twocourts being thrown into one for the greater convenience of thenumbers that were likely to be assembled. And on this same day of themonth they brought His Majesty from Windsor to the Palace of St.James, guarding him with no small care against a rescue, which,indeed, they had no small reason to fear.
It was permitted to all to enter the place of sitting, but the Halland all the approaches thereto were very strongly kept with soldiers.John Ellgood and I attended this day and daily afterwards, havingshort swords and pistols under our cloaks, that we might be ready forany occasion that might arise; but our hopes were daily diminished,for though there were many that misliked the whole business, the dreadof the army was upon them, and they dared not so much as stir afinger. Nevertheless, when men were content to sit in silence, yetthere was a woman that had courage to speak out her mind, for when thelist of Commissioners was read aloud, and the Crier gave forth thename of Thomas Lord Fairfax, being next after the name of thePresident of the Court, there was heard a voice, "He has more wit thanto be here;" and, afterwards, when (the impeachment being read aloud)the reader pronounced the words--"by the authority of Parliament andof all the good people of England," the same voice spake again, "No,nor the hundredth part of them." Thereupon there was no smallconfusion; and it has been said by some that the officer of the guardcommanded his men that they should fire upon the place from which thisvoice proceeded. But I heard no such order given, nor do I believe it;for who would dare thus to imperil the innocent along with the guilty?It was the Lady Fairfax, wife to the Lord General, that thus criedout. She was of the lineage of the Veres, an ancient house to whosehonour her behaviour was conformable.
The next day the King was brought before the Court, and I, who had notseen him for nigh upon three years, noted that his aspect was somewhatchanged, as, indeed, it might well be with his troubles. There was setfor him a chair of crimson velvet, behind which there stood somethirty men, carrying halberds. The judges, of whom there were presentsome sixty (which was not the half of them that had been first named),sat in hat and cloak, the President wearing black. The King came invery stately, not moving his hat to the judges, but looking on themand on the spectators with a stern regard. Then, the crier havingproclaimed silence, the President said:
"Charles Stuart, King of England, the Commons of England, being deeplysensible of the calamities that have been brought upon this nation,which are fixed upon you as the principal author of them, haveresolved to make inquisition for blood;" and more to the same effect.
When the President had made an end, Master Coke, that was Solicitorfor the Commonwealth, standing with two others upon the King's righthand, offered to speak. But the King, having a staff in his hand, laidit lightly upon his shoulder, as if he would bid him stay. This he didtwice, and the second time the gold head of the staff dropped off, atwhich it was noted by some that were in the Court that the Kingmanifestly changed colour.
Then the President ordered Master Solicitor to proceed, who said: "MyLord, I am come to charge Charles Stuart, King of England, in the nameof the Commonwealth, and desire that the charge may be read," and sogave it to the Clerk. Thereat the King cried, "Hold;" nevertheless,the Clerk continuing to read, he sat down and so remained silent, tillabout the end, when he smiled, but looking very stern and severe. Whenthe hearing was ended, the President said:
"Sir, the Court expects that you will make an answer to this charge."
Thereat the King answered: "I would know by what authority I ambrought hither?"
PRESIDENT: "By authority of the people of England, whose elected Kingyou are."
THE KING: "The kingdom of England has never been elective, buthereditary for near these two thousand years. I stand here more forthe liberty of my people than do my pretended judges."
PRESIDENT: "'Tis well known how you have misused this trust. The Courtmust proceed."
THE KING: "I do not come as submitting to this Court. I was broughthere by force. I see no House of Lords here; nor can there be aParliament without a King."
Many times did the President command him to answer, and he refused,saying that he should betray his trust in so doing. Thereupon he wasremanded to St. James' Palace. As he went he pointed to the sword,which, with the mace, lay upon the table, and said, "I fear not that."There was a great shout as he walked down the Hall: "God save theKing," and another, but not so loud, of "Justice, justice!" It istedious to tell all that passed betwe
en the President and the King onthe days following. Indeed, it was ever the same, the Presidentdesiring that the King should plead, and affirming that no prisonercould be suffered to deny the authority of the Court by which he wastried, and the King, on the other hand, being resolute to deny that hecould be lawfully judged by them that pretended to do so. And thiscontention endured throughout three days. All that were present notedthat the King, who commonly had a certain hesitancy in his speech, nowspake with as much freedom as could be desired. At the last thePresident said:
"Sir, this is the third time that you have publicly disowned thisCourt, and put an affront upon it; how far you have preserved theprivileges of the people, your actions have spoken it; and truly, Sir,men's intentions ought to be known by their actions; you have writtenyour meaning in bloody characters throughout the whole kingdom. But,Sir, you understand the pleasure of the Court. Clerk, record thedefault; and, gentlemen, you that took charge of the prisoner, takehim back again."
THE KING: "I will say this one word more to you; if it were my ownparticular, I would not say any more, nor interrupt you."
PRESIDENT: "Sir, you have heard the pleasure of the Court, and you are(notwithstanding you will not understand it) to find that you arebefore a court of justice."
On the fifth day of the trial, so called, and on the day following,the Court sat not in Westminster Hall, as before, but in the PaintedChamber, where they heard witnesses. John Ellgood and I were notpresent, access to the chamber not being so ready as to the Hall, butwe heard that witnesses, two score and more in number, of all ranksand conditions, were examined, and testified to certain acts of war onthe part of the King, beginning with the setting up of his standard atNottingham, and proceeding through all parts of the late war. Allthis, methinks, was matter of common notoriety, and might convenientlyhave been spared.
On the seventh day of the trial, being the twenty-seventh of January,we were betimes in the Hall, which was crowded beyond all that hadbeen before, all being now convinced that this great tragedy wasdrawing to an end. The President was in scarlet, having before beenhabited in black. His Majesty came in, covered as before, whereat someof the soldiers that were set on guard cried, "Justice! Execution!" Hesaid:
"I desire a word to be heard, and I hope I shall give no occasion ofinterruption."
PRESIDENT: "You may answer in your time. Hear the Court first."
THE KING: "I desire to be heard, and 'tis only a word. A hastyjudgment is not so soon recalled."
PRESIDENT: "You shall be heard before judgment is given."
_Trial of the King._]
The President then declared that the Court, having considered thecrimes laid to the charge of the prisoner, and found them to beproved, were agreed upon a sentence to be pronounced against him. Butin respect that he doth desire to be heard before sentence be read andpronounced, the Court had resolved that they will hear him. Then,turning to the King, he said, "If that which you say be to questionthe Court's jurisdiction, you shall not be heard in it. But if youhave anything to say in defence of the thing charged, the Court hasgiven me a command to let you know they will hear you."
THE KING: "This many a day all things have been taken away from me,but that which is dearer to me than my life, which is my conscienceand my honour. If I had respect to my life more than the peace of thekingdom, and the liberty of the subject, certainly I should have madea particular defence for myself."
After this he went on to ask that he might be permitted to saysomething to the Lords and Commons assembled in the Painted Chamber,to whom, he said, he had somewhat of no small import to say.
The Court withdrew to consider this, but returning in half-an-hour'stime, the President said, "'Tis an excellent maxim in law 'Nullinegabimus, nulli vendemus, nulli deferemus justitiam.' There must beno more delay with you, Sir. We are now to proceed to sentence andjudgment."
After more disputing of the same sort the President commanded silence.Which done, the Clerk read the sentence, which was: "Whereas theCommons of England have appointed a Court for the trial of CharlesStuart, King of England, and whereas a charge of high treason andother crimes was read, the Court doth adjudge that the said CharlesStuart, as a tyrant, traitor, murderer, and a public enemy, shall beput to death by the severing of his head from his body."
All the Court stood up to signify their assent.
THE KING: "Will you hear me a word, Sir?"
PRESIDENT: "Sir, you are not to be heard after sentence."
KING: "No, Sir?"
PRESIDENT: "No, Sir; by your favour, Sir. Guard, withdraw yourprisoner."
KING: "By your favour, Sir, hold the sentence."
But when nothing availed he said: "I am not suffered to speak. Expectwhat justice other people will have."
While His Majesty was being taken away by the guards, as he passeddown the stairs, the soldiers scoffed at him, casting the smoke oftheir tobacco, which was very distasteful unto him, and blowing theirpipes in his way; and as he passed there were some who cried,"Justice, justice!" to whom he said, "Poor soldiers, for a piece ofmoney they would do so for their commanders." But all the soldiers,though they had the Parliament's pay, were not so minded; for one ofthem cried--but whether this day or another I know not--"God bless theKing," and when his officer struck him with a cane, the King said,"Methinks the punishment is greater than the offence."
With the King at Oxford: A Tale of the Great Rebellion Page 19