When all these great personages had reached their proper places, the Clerk of the Crown appeared on the floor of the House making demonstrations of respect, in manner somewhat theatrical. As he advanced to the Lord High Steward on the wool-pack, he stopped three times and bowed very low. When he reached the wool-pack, he sank on one knee, presented the king’s commission for holding the trial, and then cleverly retired backwards, pausing thrice again to bow, as he retreated. This little feat having been accomplished to the silent approbation of the spectators, the Royal Commission was read to the Peers. At the first word, they arose, taking off their coronets; and, as the document was long and was in Latin, they seemed relieved when it was over, and they sank back on their seats with a look of satisfaction.
Further relief ensued when another ballet-sort of movement was performed by Garter, the lesser Heralds, and a corps of Gentlemen Ushers. They advanced in a body, executed the triple ‘reverences’ at the proper moments, and on arriving before the Lord High Steward, they all went on their knees, while Garter, also kneeling, presented to the great official the white staff, which was the symbol of his office. My Lord took what was presented, the effect of which was, that he was moved from the wool-pack to a chair of state placed on the highest step but one of the throne. Shortly after, not caring for the elevation, or finding himself too far removed from the body of the court to hear accurately what might pass, Lord Cowper descended to the table—permission being granted by the Peers.
LORD WINTOUN IN COURT.
While this performance was proceeding, three persons were in a neighbouring chamber—one of whom was the most interested in the issue. They were the Earl of Wintoun, the Lieutenant of the Tower, and the Gentleman Gaoler. Whatever may have been the tenour of their conversation, it was arrested by the triple Oyez of the Sergeant-at-Arms and his sonorous command, as deputy of the Peers, to the Lieutenant of the Tower to bring his prisoner into court. The three gentlemen, of course, instantly obeyed. The Lieutenant, as deputy-governor of the Tower, preceded the earl, at whose left side walked the Gentleman Gaoler, carrying the official toy axe, with the edge turned away from the accused rebel. As soon as Lord Wintoun crossed the threshold, he made one deep general bow to the hushed assembly. All the Peers rose and returned a ceremonious salutation.
When all this formality had come to an end, the Lord High Steward recited the charges on which the earl at the bar was about to be tried—rebellion, regicide, murder, and robbery—general and particular.
After some preliminary observations on matters which were known to all the world, the Lord High Steward congratulated Lord Wintoun on his being about to be tried by the whole body of his peers, summoned indifferently. ‘Hence,’ added Lord Cowper, ‘your Lordship may be assured that justice will be administered to you, attended not only with that common degree of compassion which humanity itself derives to persons in your condition, but also with that extraordinary concern for you which naturally flows from a parity of circumstances common to yourself and to them who judge you—those bonds, the weighty accusation laid upon you with its consequences, almost only excepted.’
OPENING OF THE TRIAL.
If Lord Wintoun had hitherto felt as he looked, not very seriously concerned, the last words must have enforced some gravity of feeling and of bearing. What followed, as it sounded still more gravely, was calculated to inspire the accused with something like awe. It was to this effect: ‘You must not hope that if you shall be clearly proved guilty, their Lordships being under the strongest obligations to do right that can be laid on noble minds, I mean that of their honour, will not break through all the difficulties unmerited pity may put in their way, to do perfect justice upon you, however miserable that may render your condition.’
Lord Wintoun was then told that he might cross-examine any of the witnesses brought against him, but that his counsel might not. And he was bidden to observe that he was the first person impeached of high treason, whose witnesses in defence would be heard upon oath, whereby their credibility would be equal with that of the sworn witnesses of the Crown.
THE LEGAL ASSAILANTS.