As the day of trial approached, Charles resigned the hopes which he had hitherto indulged; and his removal to Whitehall admonished him to prepare for that important scene on which he was soon to appear. Without information or advice, he could only resolve to maintain the port and dignity of a king, to refuse the authority of his judges, and to commit no act unworthy of his exalted rank and that of his ancestors.[a] On the 20th of January the commissioners appointed by the act assembled in the painted chamber, and proceeded in state to the upper end of Westminster Hall. A chair of crimson velvet had been placed for the lord president, John Bradshaw, serjeant-at-law; the others, to the number of sixty-six, ranged themselves on either side, on benches covered with scarlet; at the feet of the president sat two clerks at a table on which lay the sword and the mace; and directly opposite stood a chair intended for the king. After the preliminary
[Footnote 1: Memoirs of Retz, i. 261.]
[Footnote 2: Journals, Jan. 6, 22, 23. Parl. Hist. iii. 1277. Burnett's Own
Times, i. 42.]
[Sidenote a: A.D. 1649. Jan 19]
[Sidenote b: A.D. 1649. Jan 20]
formalities of reading the commission, and calling over the members, Bradshaw ordered the prisoner to be introduced.[1]
Charles was received at the door by the serjeant-at-arms, and conducted by him within the bar. His step was firm, his countenance erect and unmoved. He did not uncover; but first seated himself, then rose, and surveyed the court with an air of superiority, which abashed and irritated his enemies. While the clerk read the charge, he appeared to listen with indifference; but a smile of contempt was seen to quiver on his lips at the passage which described him as a "tyrant, traitor, murderer, and public and implacable enemy to the commonwealth of England." At the conclusion Bradshaw called on him to answer; but he demanded by what lawful authority he had been brought thither. He was king of England; he acknowledged no superior upon earth; and the crown, which he had received from his ancestors, he would transmit unimpaired by any act of his to his posterity. His case, moreover, was the case of all the people of England; for if force without law could alter the fundamental laws of the kingdom, there was no man who could be secure of his life or liberty for an hour. He was told that the court sat by the authority of the House of
[Footnote 1: The commissioners according to the act (for bills passed by the Commons alone were now denominated acts), were in number 133, chosen out of the lower house, the inns of court, the city, and the army. In one of their first meetings they chose Bradshaw for their president. He was a native of Cheshire, bred to the bar, had long practised in the Guildhall, and had lately before been made serjeant. In the first list of commissioners his name did not occur; but on the rejection of the ordinance by the upper house, the names of six lords were erased, and his name with those of five others was substituted. He obtained for the reward of his services the estate of Lord Cottington, the chancellorship of the duchy of Lancaster, and the office of president of the council.]
Commons. But where, he asked, were the Lords? Were the Commons the whole legislature? Were they free? Were they a court of judicature? Could they confer on others a jurisdiction which they did not possess themselves? He would never acknowledge an usurped authority. It was a duty imposed upon him by the Almighty to disown every lawless power, that invaded either the rights of the crown or the liberties of the subject. Such was the substance of his discourse, delivered on three different days, and amidst innumerable interruptions from the president, who would not suffer the jurisdiction of the court to be questioned, and at last ordered the "default and contempt of the prisoner" to be recorded.
The two following days the court sat in private, to receive evidence that the king had commanded in several engagements, and to deliberate on the form of judgment to be pronounced.[a] On the third Bradshaw took his seat, dressed in scarlet; and Charles immediately demanded to be heard. He did not mean, he said, on this occasion either to acknowledge or deny the authority of the court; his object was to ask a favour, which would spare them the commission of a great crime, and restore the blessing of tranquillity to his people. He asked permission to confer with a joint committee of the Lords and Commons. The president replied that the proposal was not altogether new, though it was now made for the first time by the king himself; that it pre-supposed the existence of an authority co-ordinate with that of the Commons, which could not be admitted; that its object could only be to delay the proceedings of the court, now that judgment was to be pronounced. Here he was interrupted by the earnest expostulation of Colonel Downes, one of the members. The king was immediately
[Sidenote a: A.D. 1649. Jan. 27.]