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 The younger Vane, on the other hand, had been so staggered by the proceeding that he had withdrawn from the scene, to avoid further responsibility.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.]