The case was then opened by Finch, the Solicitor-General, who, after explaining the law of treason by quotations from the Bible and Coke, charged the prisoner more particularly with having brought the King up to London; with having signed the warrant constituting the Court which tried him; with having sat as a member of the Court; and with having signed the death-warrant.
All the witnesses were then sworn, six in all.
Masterson proved that he saw Harrison sitting 'in that which they called the High Court of Justice' on the 27th of January 1649, the day when the King was sentenced; and that when the sentence was read he, with others, stood up as assenting to it. Clark, Kirk, and Nutley also gave evidence to the same effect; the latter adding that some few days before the 20th there was a Committee in the Exchequer Chamber of which the prisoner was a member.
I do remember well it was in the evening; they were lighting of candles, they were somewhat private. This gentleman was there, I saw him; for through the kindness of Mr. Phelps, who was then Clerk to that Committee, I was admitted, pretending first to speak with the said Mr. Phelps, and that I had some business with him; and so (as I said before) I was admitted into the Committee Chamber. Being there I did observe some passages fall from the prisoner at the bar; the words were to this purpose; he was making a narrative of some discourse that passed between his late majesty and himself in coming between Windsor and London, or Hurst Castle, I know not well which. My Lord, that passage that I observed to fall from him in that discourse was this; he said that the King as he sat in the coach with him was importunate to know what they intended to do with him. The King asked, What do they intend to do with me; Whether to murder me or no? 'and I said to him, There was no such intent on as to kill him, we have no such thoughts.' But (said he) the Lord has reserved you for a public example of justice. There is one word more, my Lords, and that is this, which I heard from the prisoner at the bar. The reason and end of their meeting together at that Committee was concerning the charge. So much I observed. It was concerning the contracting of the impeachment. I observed that some found fault with the length of that as it was drawn. They were offering some reasons to contract it, and I heard this prisoner at the bar vent this expression; 'Gentlemen, it will be good for us to blacken him what we can; pray let us blacken him,' or words to that purpose. I am sure 'blacken' was his word.
Lord Newburgh,[37] when he was living at Bagshot, saw Harrison conducting the King in custody from Hurst Castle to London. The two warrants, one for the trial, the other for the execution of the King, were produced, and Harrison's signatures to them were proved to be in his handwriting. The Court pointed out that they were not produced as records, but as evidence of overt acts of constituting a compassing of the King's death on his part.
Harrison—I do not come to be denying anything that in my own judgment and conscience I have done or committed, but rather to be bringing it forth to the light.
Court—Sir, you must understand this by the way, this you must take along with you, that these are read not as anything of authority in themselves, or as used to any other purpose, but as evidence of the fact against you; take that along with you.
This concluded the evidence; and Windham summed up the case very shortly, concluding, 'I think a clearer evidence of a fact can never be given than is for these things,' [Here the spectators hummed.]
Lord Chief-Baron—Gentlemen, this humming is not at all becoming the gravity of this Court. Let there be free speaking by the prisoner and the Court Counsel. It is more fitting for a stage-play than for a Court of Justice.
Harrison—It is now time, my Lords, to offer what I have to say. Have these learned gentlemen offered what they have to say?