Читать книгу: «The Mirror of Literature, Amusement, and Instruction. Volume 10, No. 277, October 13, 1827», страница 4

HANGING BY DESIRE

Some few years ago, two fellows were observed by a patrol sitting on a lamp-post in the New Road, and on closely watching them, he discovered that one was tying up the other (who offered no resistance) by the neck. The patrol interfered, to prevent such a strange kind of murder, and was assailed by both, and pretty considerably beaten for his good offices. The watchmen, however, poured in, and the parties were secured. On examination the next morning, it appeared that the men had been gambling; that one had lost all his money to the other, and had at last proposed to stake his clothes. The winner demurred; observing, that he could not strip his adversary naked, in the event of his losing. "Oh," replied the other, "do not give yourself any uneasiness about that. If I lose, I shall be unable to live, and you shall hang me, and take my clothes after I am dead; as I shall then, you know, have no occasion for them." The proposed arrangement was assented to; and the fellow, having lost, was quietly submitting to the terms of the treaty, when he was interrupted by the patrol, whose impertinent interference he so angrily resented.—Ibid.

RETROSPECTIVE GLEANINGS

TRIAL OF CHARLES I

On the morning of Jan. 20th, 1648, towards noon, the High Court, having first held its secret sitting in the Painted Chamber, prepared to enter upon the final details of its mission. Prayers were scarcely over, before it was announced that the king, borne in a close sedan between two rows of soldiers, was on the point of making his appearance. Cromwell ran to the windows, and as suddenly hastened back, pale yet highly excited—"He is here, he is here, sirs; the hour for this grand affair draws nigh. Decide promptly, I beseech you, what you intend to reply; for he will instantly inquire in whose name and by what authority you presume to try him." No one making any reply, Henry Martin at length observed—"In the name of the Commons assembled in Parliament, and of all the good people of England." To this no objection was made. The court proceeded in solemn procession towards Westminster Hall, the President Bradshaw at its head; before him were borne the mace and sword; and sixteen officers armed with partisans, preceded the court. The President took his place in an arm-chair adorned with crimson velvet; at his feet sat the clerk, near a table covered with a rich Turkey carpet, and upon which were placed the mace and sword. On the right and left appeared the members of the court upon seats of scarlet cloth; while at the two ends of the hall stood the guards, all armed, a little in advance of the tribunal. The court being installed, all the doors were thrown open; the crowd rushed into the hall. Silence being restored, the act of the Commons appointing the court was read, the names were called over, and sixty-nine members were found to be present. "Sergeant," said Bradshaw, "let the prisoner be brought forward!"

The king appeared under guard of Colonel Hacker and thirty-two officers. An arm-chair, adorned with crimson velvet, was in readiness for him at the bar. He came forward; fixed a long and severe look upon the court, and seated himself without taking off his hat. Suddenly he rose, looked round at the guard upon the left, and at the spectators upon the right of the hall; again fixed his eyes upon his judges, and then sat down, amidst the general silence of the court.

Bradshaw rose instantly:—"Charles Stuart, King of England, the English Commons assembled in Parliament, deeply penetrated with a sense of the evils that have fallen upon this nation, and of which you are considered the chief author, are resolved to inquire into this sanguinary crime. With this view they have instituted this High Court of Justice, before which you are summoned this day. You will now hear the charges to be preferred against you."

The Attorney General Coke now rose. "Silence!" exclaimed the king, at the same time touching him on the shoulder with his cane. Coke, surprised and irritated, turned round; the handle of the king's cane fell off, and for a few moments he appeared deeply affected. None of his attendants were at hand to take it up; he stooped and picked it up himself, and then resumed his seat. Coke proceeded to read the act imputing to the king all the evils arising first out of his tyranny, subsequently from the war; and requiring that he should be bound to reply to the charges, and that judgment should be pronounced against him as a tyrant, a traitor, and a murderer.

During this time, the king continued seated, directing his eyes towards his judges, or towards the spectators, without betraying any emotion. Once he rose; turned his back upon the court to see what was passing behind him, and again sat down with an expression at once of inquisitiveness and indifference in his manner. Upon hearing the words: "Charles Stuart, a tyrant, traitor, and murderer," he laughed, though he still remained silent.

The act being read, "Sir," said Bradshaw, "you have now heard the act of accusation against you: the court expects you to reply."

The King. "First, I wish to know by what authority I am summoned here. A short time since, I was in the Isle of Wight engaged in negociations with both houses of parliament, under guarantee of the public faith. We were upon the point of concluding a treaty. I would be informed by what authority—I say legitimate authority—for of illegitimate authorities there are, I know, many, like that of robbers on the highway;—I would be informed, I repeat, by what authority I have been dragged from place to place, I know not with what views. When I am made acquainted with this legitimate authority, I will reply."

Bradshaw. "If you had attended to what was addressed to you by the court upon your arrival, you would know in what this authority consisted. It calls upon you, in the name of the people of England, of whom you were elected king, to make a reply."

The King. "No sir, I deny this."

Bradshaw. "If you refuse to acknowledge the authority of the court, it will proceed against you."

The King. "I maintain that England never was an elective kingdom; for nearly the space of a thousand years it has been altogether an hereditary one. Let me know, then, by what authority I am summoned here. Inquire from Colonel Cobbett, who is here at hand, if I were not brought by force from the Isle of Wight. I will yield to none in maintaining the just privileges of the House of Commons in this place. But where are the Lords? I see no Lords here necessary to constitute a parliament. A king, moreover, is essential to it. Now is this what is meant by bringing the king to meet his parliament?"

Bradshaw. "Sir, the court awaits a definitive answer from you. If what we have stated respecting our authority does not satisfy you, it is sufficient for us, we know that it is founded upon the authority of God and of the country."

The King. "It is neither my opinion nor yours which should decide."

Bradshaw. "The court has heard you; you will be disposed of according to its orders. Let the prisoner be removed. The court adjourns until Monday."

The court then withdrew; and the king retired under the same escort that had accompanied him. Upon rising he perceived the sword placed upon the table, "I have no fear of that," he observed, pointing towards it with his cane. As he descended the staircase, several voices called out "Justice! justice!" but far the greater number were heard to exclaim, "God save the king! God save your majesty."

On the morrow at the opening of the sitting, sixty-two members being present, the court ordered strict silence to be observed under pain of imprisonment. On his arrival, however, the king was not the less received with marked applause. The same sort of discussion commenced, and with equal obstinacy on both sides. "Sir," at length, exclaimed Bradshaw, "neither you, nor any other person shall be permitted to question the jurisdiction of this court. It sits by authority of the Commons of England—an authority to which both you and your predecessors are to be held responsible."

The King. "I deny that. Show me a single precedent." Bradshaw rose up in a passion: "Sir, we do not sit here to reply to your questions. Plead to the accusation, guilty or not guilty."

The King. "You have not yet heard my reasons."

Bradshaw. "Sir, no reason can be advanced against the highest of all jurisdictions."

The King. "Point out to me this jurisdiction; or you refuse to hear reason."

Bradshaw. "Sir, we show it to you here. Here are the Commons of England. Sergeant, remove the prisoner."

The king on this turned suddenly round towards the people. "Bear in mind," he said, "that the king of England has been condemned without being permitted to state his reasons in support of the people's liberty." These words were followed by an almost general cry of God save the king. * * *

On the 27th at noon, after two hours conference in the painted chamber, the court opened, as usual, by calling a list of the names. At the name of Fairfax, a woman's voice from the bottom of the gallery was heard to exclaim: "He has too much sense to be here." After some moments' surprise and hesitation, the names were called over, and sixty-seven members were present. When the king entered the hall, there was a violent outcry: "Execution! justice! execution!" The soldiers became very insolent; some officers, in particular Axtell, commander of the guards, excited them to this uproar; and groups spread about through the hall, as busily seconded them. The people, struck with consternation, were silent. "Sir!" said the king, addressing Bradshaw before he sat down, "I demand to speak a word; I hope that I shall give you no cause to interrupt me."

Bradshaw. "You will be heard in your turn. Listen first to the court."

The King. "Sir, if you please, I wish to be heard. It is only a word. An immediate decision."

Bradshaw. "Sir, you shall be heard at the proper time:—first, you must listen to the court."

The King. "Sir, I desire,—what I have to say applies to what the court is, I believe, about to pronounce; and it is difficult, sir, to recall a precipitate verdict."

Bradshaw. "We shall hear you, sir, before judgment is pronounced. Until then you ought to abstain from speaking."

Upon this assurance the king became more calm; he sat down, and Bradshaw proceeded:

"Gentlemen—it is well known that the prisoner at your bar has now been many times brought before this court to reply to a charge of treason, and other high crimes, exhibited against him in the name of the English people"–

"Not half the people," exclaimed the same voice that had spoken on hearing the name of Fairfax, "where is the people?—where is its consent?—Oliver Cromwell is a traitor."

The whole assembly seemed electrified!—all eyes turned towards the gallery: "Down with the w–s," cried Axtell; "soldiers fire upon them!"—It was lady Fairfax. A general confusion now arose; the soldiers, though everywhere fierce and active, could with difficulty repress it. Order being at length a little restored, Bradshaw again insisted upon the king's obstinate refusal to reply to the charge; upon the notoriety of the crimes imputed to him, and declared that the court, though unanimous in its sentence, had nevertheless consented to hear the prisoner's defence, provided that he would cease to question its jurisdiction.

"I demand," said the king, "to be heard in the painted chamber, by both Lords and Commons, upon a proposition which concerns the peace of the kingdom and the liberty of my subjects much more nearly than my own preservation."

A violent tumult now spread throughout the court, and the whole assembly. Friends and enemies were all eager to divine for what purpose the king had demanded this conference with the two houses, and what it was his intention to propose to them.

Colonel Downs, a member of the court, expressed a wish that the king's proposition should be heard.

"Since one of the members desires it," said Bradshaw, gravely, "the court must retire;" and they immediately passed into a neighbouring hall. * * *

In about half an hour the court returned, and Bradshaw informed the king that his proposition was rejected.

Charles appeared to be subdued, and no longer insisted with any degree of vigour.

"If you have nothing to add," said Bradshaw, "the court will proceed to give sentence."

"I shall add nothing, sir," said the king; "and only request that what I have said may be recorded." Without replying to this, Bradshaw informed him that he was about to hear his sentence; but before he ordered it to be read, he addressed to the king a long discourse, as a solemn apology for the proceedings of parliament, enumerating all the evil deeds of the king, and imputing to him alone all the misfortunes of the civil war, since it was his tyranny that had made resistance as much a matter of duty as of necessity. The orator's language was harsh and bitter, but grave, pious, free from insult, and stamped with profound conviction, though with a slight mixture of vindictive feeling. The king heard him without offering any interruption, and with equal gravity. In proportion, however, as the discourse drew towards a close, he became visibly troubled; and as soon as Bradshaw was silent, he endeavoured to speak: Bradshaw prevented him, and commanded the clerk to read the sentence; this being done, he said, "This is the act, opinion, and unanimous judgment of the court," and the whole court rose up in token of assent: "Sir," said the king, abruptly, "will you hear one word?"