The following report was first published 'by Authority, to prevent false and impertinent relations.' It was licensed by Gilbert Mabbot, and, so far as one can judge from internal evidence, is rather the slightly amplified transcript of a barrister's note, than the work of anybody who in those days might represent a modern newspaper reporter. The whole is carelessly put together, as far as form is concerned; the grammar is often halting, and the sentences are not always finished. But I should suppose that all the arguments used on either side are fairly indicated, except in those places where it is suggested in a note that 'authority' made excisions. If such excisions were made, however, the fact that the gaps were left in their present state is evidence of the substantial accuracy and fairness of the rest of the report. Taking a purely legal view of the matter, which no one will pretend covers the whole, or indeed the most important part of the case, one does not see why, if Bradshaw left in as much as he did, he should not have left in everything. From the point of view of defending counsel, Charles had an unanswerable case, and he was enough of a lawyer to make the most of it. Bradshaw, on the other hand, seems, to me at least, to have played his part not badly. Considering all things, I do not myself see that his behaviour to Charles was unnecessarily harsh. If you have made up your mind to cut off a man's head, and if you are aware that your position as a judge is a false one, you are bound to assert your authority without much regard to prisoners' feelings, or even good manners. I am not in a position to discuss what effect the essential illegality of the trial, from a formal point of view, produced on contemporary and subsequent opinion; but I think it may safely be said that the trial presents the most striking example to be found in English history of the view held in this country of the authority of the law. I have only to add that in this trial I have reproduced the original report exactly as I found it.
On Saturday, being the 20th day of January 1649, the Lord President of the High Court of Justice,[20] with near fourscore of the members of the said Court, having sixteen gentlemen with partizans, and a sword, and a mace, with their and other officers of the said Court, marching before them, came to the place ordered to be prepared for their sitting at the west-end of the great Hall at Westminster; where the Lord President, in a crimson velvet chair, fixed in the midst of the Court, placed himself, having a desk with a crimson-velvet cushion before him; the rest of the members placing themselves on each side of him upon several seats, or benches, prepared and hung with scarlet for that purpose; and the partizans dividing themselves on each side of the court before them.
The Court being thus sat, and Silence made, the great gate of the said Hall was set open, to the end that all persons without exception, desirous to see or hear, might come into it. Upon which the Hall was presently filled, and silence again ordered.
This done, colonel Thomlinson, who had the charge of the Prisoner, was commanded to bring him to the Court; who within a quarter of an hour's space brought him, attended with about twenty officers with partizans, marching before him, there being other gentlemen, to whose care and custody he was likewise committed, marching in his rear.
Being thus brought up within the face of the Court, the Serjeant at Arms, with his mace, receives and conducts him strait to the bar, having a crimson-velvet chair set before him. After a stern looking upon the Court, and the people in the galleries on each side of him, he places himself, not at all moving his hat, or otherwise shewing the least respect to the court; but presently rises up again, and turns about, looking downwards upon the guards placed on the left side, and on the multitude of spectators on the right side of the said great Hall. After silence made among the people, the Act of Parliament for the trying of Charles Stuart, king of England, was read over by the Clerk of the Court, who sat on one side of a table covered with a rich Turkey-carpet, and placed at the feet of the said Lord President; upon which table was also laid the sword and mace.
After reading the said Act, the several names of the Commissioners were called over, every one who was present, being eighty, as aforesaid, rising up, and answering to his call.
Having again placed himself in his Chair, with his face towards the Court, silence being again ordered, the Lord President stood up, and said,
Lord President—Charles Stuart, king of England, the Commons of England assembled in Parliament being deeply sensible of the calamities that have been brought upon this nation, which is fixed upon you as the principal author of it, have resolved to make inquisition for blood; and according to that debt and duty they owe to justice, to God, the kingdom, and themselves, and according to the fundamental power that rests in themselves, they have resolved to bring you to Trial and Judgment; and for that purpose have constituted this High Court of Justice, before which they are brought.
This said, Mr. Cook,[21] Solicitor for the Commonwealth standing within a bar on the right hand of the Prisoner, offered to speak; but the king having a staff in his hand, held it up, and laid it on the said Mr. Cook's shoulder two or three times, bidding him hold. Nevertheless, the Lord President ordering him to go on, he said,
Mr. Cook—My lord, I am commanded to charge Charles Stuart King of England, in the name of the Commons of England, with Treason and High Misdemeanors; I desire the said Charge may be read.