From Chambers' Repository.

THE TRIAL OF CHARLES I.

assisted in sustaining it; Mr. Cook, or Coke, the solicitor-general for the Commonwealth; Mr. Broughton and Mr. Phelps, clerks of the court; Mr. Dandy, sergeant-at-arms, as macebearer; Colonel Humphreys, sword-bearer ; and a suitable number of tip-staffs and messengers.

DAVID HUME, in his narrative of the trial of Charles I., observes: "The pomp, the dignity, the ceremony of this transaction corresponded to the greatest conception that is suggested in the annals of human kind;" and he describes The proceedings opened on Saturday the the spectacle presented as that of "the dele- 20th day of January, 1648-9, in the great hall gates of a great people sitting in judgment at Westminster. The Lord President Bradupon their supreme magistrate, and trying shaw, with about seventy members of the him for his misgovernment and breach of court, preceded by Colonel Fox and sixteen trust." The actual manner of the proceed- other gentlemen with "partisans," Colonel ings, however, is but indifferently reflected in Humphreys, bearing the sword of state, SerHume's History; and, indeed, the same remark geant Dandy with the mace, and a variety of applies to all the popular histories in the other officers, went in order to the place prelanguage. They necessarily represent the pared for the sitting, at the west end of the transaction in a summary and condensed form, hall; where the president took his seat in a stating only the general terms of the impeach- crimson velvet chair prepared for him, having ment, the bearing and defence of the accused, a desk with a crimson velvet cushion fixed and the sentence finally pronounced by the before him; the rest of the members taking high court of justice. To obtain anything like their places on each side of the chair, on a clear and distinct notion of the court itself, benches prepared and hung with scarlet for and of the manner in which its memorable the purpose; and the partisans dividing thembusiness was conducted, it is needful to consult selves on the two sides of the court before the representations of contemporary writers. them. Various historical memorials might be referred The court being seated, and silence ordered, to, as containing a more or less authentic the great gate of the hall was opened, to admit. account of the solemnity; but there is one all persons without exception who might be in particular, entitled England's Black Tri- desirous to see and hear; and in a short time. bunal, which professes to give a formal and the whole space allotted for the purpose was express report of it, with all its attendant circumstances. The substance of this report it is intended to reproduce in the present paper, abstracting and compressing only such portions as are unimportant, and so rendering the form and spirit of the whole as to present a complete description and relation of this striking and renowned proceeding.

We shall assume that the reader is acquainted with the general history of the Civil Wars, and start with the fact, sufficiently well-known, that Charles, being conquered by his Parliament, was eventually brought to trial before an appointed national tribunal, called the High Court of Justice. The court consisted of upwards of 130 persons, specially nominated by the House of Commons; though, according to some statements, there were not more than seventy that actually sat upon the trial. Among these were the chief officers of the army, including Cromwell, Harrison, and Ireton, some of the leading men of the House of Commons, and a number of London citizens. The president selected was John Bradshaw, a barrister, whom Milton describes as a man of such native dignity of character, that he appeared "like a consul, from whom the fasces are not to depart with the year; so that not on the tribunal only, but throughout his life, you would regard him as sitting in judgment upon kings. The other officers of the Court were Mr. Isaac Dorislaus and Mr. Aske, the counsellors who drew up the charge and

filled up to the entrance. Silence being again. ordered, Colonel Tomlinson, who had charge of the king as prisoner, was commanded to bring him into court; and, accordingly, within: a quarter of an hour, his majesty was brought: in, under the escort of about twenty officers,. with partisans marching before him, and Colonel Hacker and other gentlemen follow-ing in the rear.

Being thus brought within the court, the sergeant-at-arms advanced with his mace, and. conducted his majesty to the bar, where a. crimson velvet chair was set for him. "After a stern looking upon the court, and the people in the galleries on each side of him," the royal prisoner took his seat, "not at all moveing his hat, or otherwise showing the least respect to the court;" but presently rising up, again, he turned about, looking downwards. upon the guards placed on the left side, and. on the multitude of spectators on the right side of the hall. The crier of the court meanwhile once more commanded silence, and this being immediately obtained, the act of Parlia ment" for the trying of Charles Stuart, King of England," was ordered to be read. This done, the several names of the commissioners were called over, every one who was present. rising up and answering to the call. The Black Tribunal contains no record of the cir oumstance, but it is elsewhere related, .that when the name of Fairfax was callediover, a voice among the spectators exclaimed.: “He

has more wit than to be here" and it was the people, and for the preservation of their afterwards discovered that the bold expression proceeded from no less a personage than Lady Fairfax, who, though she had long seconded her husband's zeal against the royal cause, was now filled with indignation and abhorrence at the unexpected consequences of the contest in which she had been so earnestly engaged.

rights and liberties; yet, nevertheless, out of a wicked design to erect and uphold in himself an unlimited and tyrannical power, to rule according to his will, and to overthrow the rights and liberties of the people; yea, to take away and make void the foundations thereof, and of all redress and remedy of misgovernment, which, by the fundamental constitutions of this kingdom, were reserved on the people's behalf, in the right and power of. frequent and successive parliaments, or national meetings in council; he, the said Charles Stuart, for accomplishment of such his designs, and for the protecting of himself and his adherents, in his and their wicked practices, to the same end, hath traitorously and maliciously levied war against the Parlia ment and the people therein represented."

Then follows a long enumeration of the specific acts of war and injury for which the said Charles Stuart was held accountable, and whereby he had "caused and procured many thousands of the free people of the nation to be slain ;" and that from time to time, both within the land and by invasion from foreign parts, he had renewed and maintained the war against the Parliament and people, notwithstanding solemn treaties and engagements to terminate hostilities; and that, as a consequence," many families had been undone, the public treasury wasted and exhausted, trade obstructed and miserably decayed, vast expense and damage to the land incurred, and many parts of the land spoiled, some of them even to desolation.

All which

All preliminaries having been gone through in proper form and order, the lord president, in the name of the court, addressed himself to the prisoner, acquainting him to the effect, that the Commons of England, assembled in Parliament, being duly sensible of the calamities that had been brought upon the nation, and regarding him, the said Charles Stuart, as the principal author of them all, had "resolved to make inquisition for blood;" and according to that debt and duty which they owed" to justice, to God, the kingdom, and themselves," and according, likewise, to the fundamental power that rested in them as the representatives of the nation, they had resolved to bring him, Charles Stuart, to trial and judgment; and for that express purpose they had constituted the present High Court of Justice, before which he had been brought, to hear the charge which was then and there to be preferred against him, and upon which the court would proceed to act according to the principles of justice. Thereupon the solicitor-general for the commonwealth standing within a bar on the right hand of the king" - prepared himself to speak, but was interrupted by his majesty, who, having a staff in his hand, held wicked designs, wars, and evil practices of it up, and laid it two or three times on Mr. him the said Charles Stuart, have been, and Cook's shoulder, bidding him to hold. "Never- are carried on, for the advancing and upholdtheless, the lord president ordering him to going of a personal interest of will and power, on, Mr. Cook did, by order of the court to and pretended prerogative to himself and his him directed, in the name and on the behalf family, against the public interest, common of the people of England, exhibit a charge of right, liberty, justice, and peace of the people high treason and other crimes, and did there- of this nation, by and for whom he was inwith accuse the said Charles Stuart, King of trusted." The charge concludes by pronouncEngland, praying it might be read; which ing the said Charles Stuart to be the occathe king interrupting, the court notwith- sioner, author, and contriver of the said unstanding commanded the clerk to read it, natural, cruel, and bloody wars," and declaracquainting the prisoner that if he had any- ing him to be "therein guilty of all the thing to say after, the court would hear him." treasons, murders, rapines, burnings, spoils, The accusation read was entitled, "A desolations, damage, and mischiefs," in the Charge of High Treason, and other High said wars acted or committed; and it accordCrimes, exhibited to the High Court of Jus-ingly impeached" the said Charles Stuart as tice, by John Cook, Esq., appointed by the said Court, for and on behalf of the People of England, against Charles Stuart, King of England. It stated and set forth; That he, the said Charles Stuart, being admitted King of England, and therein trusted with a Jimited power to govern by and according to the laws of the land, and not otherwise; and by his trust, oath, and office, being obliged (that is, under obligation] to use the power Committed to him for the good and benefit of

a tyrant, traitor, murderer, and a public and implacable enemy to the commonwealth of England ;" and prayed that he might "be put to answer all and every the premises," toat such proceedings, examinations, and judgment might be thereupon had and taken, as should be agreeable to justice."

His majesty, with his wonted patience, says our authority," heard all these slanders and reproaches, sitting in his chair, and looking sometimes on the pretended court, some

times up to the galleries, and rising again, | dom for near these thousand years; therefore turned about to behold the guards and spec- let me know by what authority I am called tators then he sat down with a majestic and hither. I do stand more for the liberty of my unmoved countenance, and sometimes smiling, people than any here that come to be my preespecially at the words tyrant,' traitor,' and tended judges; and therefore let me know by the like." At this point, the silver head of what lawful authority I am seated here, and his stuff happened to fall off, occasioning his I will answer it; otherwise I will not answer majesty soine surprise; and as no one was it. near him to take it up, he stooped to do so for himself.

The charge being read, President Bradshaw addressed the prisoner in these terms: "Sir, you have now heard your charge read containing such matters as appear in it. You find that, in the close of it, it is prayed to the court, in behalf of the Commons of England, that you answer to your charge; the court expects your answer.

B. Sir, how you have really managed your trust is known. Your way of answer is to interrogate the court, which beseems not you in this condition. You have been told of it twice or thrice.

K. Here is a gentleman [pointing to Lieutenant-colonel Cobbet]; ask him if he did not bring me from the Isle of Wight by force. I do not come here as submitting to the court. I will stand as much for the privilege of the House of Commons, rightly understood, as any man here whatsoever. I see no House of Lords here that may constitute a Parliament, and the king too, should have been. Is this the bringing the king to his Parliament? Is this bringing an end to the treaty in the public faith of the world? Let me see a legal authority warranted by the word of God, the Scripture, or warranted by the constitution of the kingdom, and I will answer.

The lord president here observed, that inasmuch as the king declined to answer, the court would consider how to proceed, and that. in the mean time, his majesty was to be taken back in charge of those who had guard over him. "The court desires to know," said he, whether this be all the answer you will give or no?"

To this his majesty replied: "I would know by what power I au called hither. I was, not long ago, in the Isle of Wight; how I came there, is a longer story than I think is fit at this time for me to speak of; but there I entered into a treaty with both Houses of Parliament, with as much public faith as 't is possible to be had of any people in the world. treated there with a number of honorable lords and gentlemen, and treated honestly and uprightly. I cannot say but they did very nobly with me. We were upon a conclusion of the treaty [about to bring it to a close]. Now, I would know by what authority (I mean lawful; there are many unlawful authorities in the world- - thieves and robbers by the highways; but I would know by what" authority) I was brought from thence, and carried from place to place, and I know not what; and when I know by what lawful authority, I shall answer. Remember I am king, your lawful king, and what sins you bring upon your heads, and the judgment of God upon this land. Think well upon it, I say -think well upon it, before you go further from one sin to a greater. Therefore let me know by what authority I am seated here, and I shall not be unwilling to answer. In the mean time, I shall not betray my trust. I have a trust committed to me by God, by old and lawful descent; I will not betray it to answer to a new unlawful authority; therefore resolve me that, and you shall hear more

K. Sir, I desire you would give me, and all the world, satisfaction in this. Let ine your tell you, it is not a slight thing you are about. I am sworn to keep the peace, by that duty I owe to God and my country, and I will do it to the last breath of my body; and therefore you shall do well to satisfy, first God, and then the country, by what authority you do it.. If you do it by an usurped authority, that will not last long; there is a God in heaven that will call you, and all that give you power, to account. Satisfy me in that, and I will answer; otherwise I betray my trust, and the liberties of the people; and therefore think of that, and then I shall be willing. For I do. avow that it is as great a sin to withstand. Bradshaw. If you had been pleased to have lawful authority, as it is to submit to a tyranobserved what was hinted to you by the court nical or any other unlawful authority; and: at your first coming hither, you would have therefore satisfy God and me, and all the known by what authority; which authority re- world, in that, and you shall receive any an- quires you, in the name of the people of Eng-swer; I am not afraid of the bill. land, of which you are elected king, to answer. King. No, sir; I deny that [that England was an elective kingdom].

of me.

Thus, it will be seen his majesty takes his. stand upon the letter of legality; not having,. apparently, any notion of the abstract and essential rights and laws of government, an-terior to use and wont. The lord president K. I do tell them so. England was never explains to him that the court expects a an elective kingdom, but an hereditary king-final answer; but that, as he chooses to refuse

B. If you acknowledge not the authority of the court, they must proceed.

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one, it is their purpose to adjourn till Monday | negation; which, if he shall refuse to do, next; adding, that they are perfectly satisfied that then the matter of charge may be taken in regard to the authority" which the king pro confesso, and the court proceed according denies; that it is upon God's authority to justice.' and the kingdom's;" and that as to the peace" about which his majesty expresses so much concern, they think it will best" be kept in the doing of justice;"" and that," said his lordship, "is our present work." So, after a little further altercation between his majesty and the president, the guard was commanded to take the prisoner away; and thus the proceedings of the first day terminated. At his going down, his majesty pointed with his staff to the charge as it lay upon the table, and said he did not foar it; and as he went down the stairs, the people in the hall, or some of them, cried: "God save the king!" notwithstanding," says our royalist informant, "some were set there by the faction to head the clamor for justice."

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The next day being Sunday, Bradshaw, Cromwell, and the rest of the Commissioners, kept a solemn fast at Whitehall, and heard successively three sermons from approved and popular Puritan divines. First came Mr. Sprigge, with his gloomy text: "Whoso sheddeth man's blood, by man shall his blood be shed:" pretty significantly intimating what the saints intended to do with Charles. Next followed Mr. Foxley, with a milder verse, and one which might serve as much for one party as the other: "Judge not, lest ye be judged." And last came Mr. Hugh Peters, with a text particularly acceptable to a puritanic congregation, and of pointed application to the work in hand: "I will bind their kings in chains, and their nobles in fetters of iron." One hopes the commissioners were edified; but, as Carlyle observes, the reading faculty of the nineteenth century is quite incapable of appreciating the charm of such discourses.

On Monday, the 22d of January, the court sat again at Westminster. Silence being commanded upon pain of imprisonment, and the captain of the guard enjoined to apprehend all such as should make disturbance, the king was brought up to the bar, and the solicitorgeneral of the Commonwealth rose up to address the court.

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Thereupon the lord president, in compliance with the motion, thus addressed the king: "Sir, you may remember at the last court you were told the occasion of your being brought hither, and you heard a charge against you, containing a charge of high treason, and other high crimes, against this realm of England. You heard, likewise, that it was prayed in behalf of the people that you should give an answer to that charge, that thereupon such proceedings might be had as should be agreeable to justice. You were then pleased to make some scruples concerning the authority of this court, and knew not by what authority you were brought hither. You did divers times propound your questions, and you were as often answered, that it was by authority of the Commons of England, assembled in parliament, that did think fit to call you to account for those high and capital misdemeanors wherewith you were then charged. Since that, the court hath taken into consideration what you then said. They are fully satisfied with their own authority, and they hold it fit you should stand satisfied with it too; and they do require it, that you do give a positive and particular answer to this charge that is exhibited against you. They do expect you should either confess or deny it; if you deny, it is offered, in the behalf of the nation, to be made good against you. Their authority they do avow to the whole world; that the whole kingdom are to rest satisfied in, and you are to rest satisfied with it; and therefore you are to lose no more time, but to give a positive answer thereunto."

K. When I was here last, 't is true, I made that question; and truly, if it were only my own particular case, I should have satisfied myself with the protestation I made the last time I was here against the legality of this court, and that a king cannot be tried by any superior jurisdiction on earth; but it is not my case alone-it is the freedom and liberty of the people of England; and do you pretend what you will, I stand more for My Lord President," said he, "I did at their liberties. For if power without law the last sitting of the court, in the behalf of may make laws, may alter the fundamental the Commons of England, exhibit and give in laws of the kingdom, I do not know what a charge of high treason, and other crimes, subject he is in England that can be sure of against the prisoner at the bar, whereof I do his life, or anything that he calls his own; accuse him in the name of the people of Eng- therefore, when that I came here, I did exland. The charge was read to him, and his pect particular reasons, to know by what law, answer required; but, instead of answering, what authority, you did proceed against me he did there dispute the authority of this here; and therefore I am a little to seek what court. My humble motion to this high court, to say to you in this particular, because the in behalf of the people of England, is, that affirmative is to be proved the negative the prisoner may be directed to make a posi- often is very hard to do; but since I cannot tive answer, either by way of confession or persuade you to do it, I shall tell you my

reasons as short as I can. My reasons why, I considered of their jurisdiction-they do in conscience, and the duty I owe to God first affirm their own jurisdiction. and my people next, for the preservation of K. I say, sir, by your favor, that the their lives, liberties, and estates, I conceive Commons of England was never a court of I cannot answer this till I be satisfied of the judicature. I would know how they came to legality of it. All proceedings against any be so. man whatsoever