WILLIAM G. CARPENTER is the author of Eþandun (Beavers Pond Press, 2020), which depicts King Alfred’s struggle with the pagan Danes in 878 AD. Available from Amazon, Itasca Books Distribution and www.williamgcarpenter.com
This is an excerpt from a poem-in-progress on the English Civil War. Previous sections have been published in Expansive Poetry On Line and The Brazen Head. [1]
The Trial of Charles Steward
| A-riding through the rain on miry roads, Harrison fetched the king to Windsor Castle, where Hamilton met him, kneeling in the mud. That very day, the Commons formed a committee to stipulate how to proceed against him. When Charles shunned Feilding-Denbigh’s last-ditch offer – his crown for bishops’ lands and the royal veto – the army council stripped him of his state and let him dine alone and read his Shakespeare. The Commons passed, and sent the Lords, a bill for a High Court of Justice for to try him. The Lords denounced the Commons’ treason charge as lawless and absurd. Said Feilding-Denbigh, named a judge, “I’d rather be torn in pieces than take part in so infamous a business.” Whence the Commons espoused the army’s notion, originating, plainly, with the Levellers, that the people being the source of all just power, its acts alone were law, sans king or Lords. |
| Late-coming Oliver eschewed the Council, meeting instead with Widdrington and Whitelocke, with Lenthall and Rich-Warwick, to explore ways other than the officers’ Agreement. He asked the Duke of Hamilton at Windsor to say who had invited him to invade – Charles, LG Browne, remains of the Eleven? No answer was forthcoming from the Scot. O.C. disliked fixing a term for Parlament and thought Charles might be spared, his trial deferred till after those of other malefactors, Hamilton, Rich-Holland, Goring-Norwich, Owen, Lingen, Dyve, and Hastings-Loughborough. As ever, Cromwell waited on the Lord. |
| But when Charles rebuffed Feilding-Denbigh’s mission as envoy of a clutch of glorious peers – and the Commons and the army rose together in calling for the trial of the tyrant – then Oliver discerned the hand of God in His clear witnessings and dispensations, albeit the Holy Ghost had not yet singed him. He mused, when added late to the committee charged to draft the ordinance for the trial, “Only the greatest traitor in the world – the greatest rebel – would dare carry on a plan to try the king for capital crimes. But God’s providence has cast us upon it – myself can but submit. God bless your counsels, though I am not provided to give mine.” |
| The act to frame the High Court of Justice (which Rushworth called an ordinance of attainder) alleged a wicked design by Charles Steward to raze our ancient laws and liberties and in their place to plant an arbitrary and tyrannical state – the which design Charles Steward had maintained with fire and sword, levying war against the Parlament, wasting the public wealth, and murdering thousands. Some seven score MPs and officers, citizens, City magistrates, and lawyers were named to be commissioners and judges. |
| Fifty or so attended the first meeting (the Lord General’s last) in the Painted Chamber. Fewer met next session, and the next, and fewer still the next, when Serjeant Bradshaw declined, at first, the unwanted dignity, unwanted but rewardful, of Lord President. Cooke, Aske, and Dorislaus would draft the charges – Steele had fallen suddenly, sadly ill. Despite the fervor for a large indictment reaching back to James’ suspicious death, the court kept out the bulk of Charles’ misdoings, save those of substituting will for law and levying war against the Parlament. |
| Harrison and Peter led the train that ferried Charles in bitter cold from Windsor. The trial commenced in vast Westminster Hall sub Second Richard’s oaken hammer beams, where Strafford had been tried, and years before, Frances Howard, Essex’ sometime countess, for murdering Sir Thomas Overbury. Led in by Hacker’s thirty halberdiers, Charles eyed the Lord President where he sat in crimson chair, behind a crimson cushion, and eyed the great sanhedrin of commissioners to either side, on rows of scarlet benches. A mace and sword lay on the Turkey carpet that decked the table where the clerks awaited. Charles turned to view the gentry in the galleries, Axtell’s musketeers, the thousand groundlings, then settled on the velvet chair provided, and rose, and sat again. Silence commanded, Bradshaw declared the Commons had empowered that court to make inquisition for blood. |
| When Cooke commenced to speak, Charles sought to stay him, rapping him on the shoulder with his stick – a harmless battery – whose silver head fell to the floor, beyond poor Herbert’s reach. Charles stooped to fetch it. Cooke preferred the charge, which a clerk then read, from Charles’s fell design to substitute his private will for law, to the dire raising of his wind-blown standard at Nottingham, to the great fights at Edgehill, Brentford, Caversham, Gloucester, Newbury, Cropredy, Bodmin, Newbury, Leicester, and Naseby Field, where many thousand free people were slain, to the mad outbursts of the present year. Charles listened sternly, till he scoffed aloud at “tyrant, traitor, murderer, and public enemy to the Commonwealth of England.” Bradshaw then demanding Charles’s answer, Charles held the ground he’d seized from the beginning – that court had no authority to try him. |
| Repeatedly, the court asked Charles to plead guilty or not guilty to the charge – this, repeatedly, he refused to do. Repeatedly, he asked whence came their power – repeatedly was told, the people of England. This Charles Steward sturdily denied. First, no earthly court could try a king, his crown having come to him from God. He reigned not by consent but by descent, lawful descent, above a thousand years. Second, no law provided for such trial by Parlament – the Commons being none, lacking king and peers and judicial powers. To answer, to submit to usurpation, was counter to his duty as their king. The court, said Bradshaw, overruled his demurrer, and barred him from persisting in such reasons. “Show me the court where reason is not heard,” said Charles. Bradshaw said, “The Commons of England.” That second day, he ordered Charles’ default. |
| Despite default, the court chose a committee of colonels and MPs to hear the witnesses. Some thirty testified that day and Thursday, including gentlemen and husbandmen, a yeoman, and men standing for the trades of ironmonger, painter, maltster, weaver, cordwainer, barber-surgeon, vintner, scrivener, and soldier. They had seen the king himself in helmet, armor back and front, sword drawn at or near the several battlefields where thousands on both sides had spilt their blood. He’d countenanced the cruelty of his men in plundering and cutting on their prisoners. Later, whilst he treated on the Isle of Wight, he’d schemed to bring an Irish host to England. The witnesses avowed their depositions in open court held in the Painted Chamber. Thus Charles was not judged solely pro confesso, as men had been in the old Star Chamber days. |
| The court reconvening to sentence Charles, he asked for leave to address both his Houses in the Painted Chamber, as much concerning peace. Bradshaw was scarlet-gowned for the day’s business and wore as before his high-crowned, steel-lined hat. Charles too was covered, as all times before. Bradshaw said twas but a more delay and denial of the forum’s jurisdiction, but Charles denied denying jurisdiction, though owning he could not acknowledge it. |
| “Have we hearts of stone?” asked Colonel Downes, seated back of Bradshaw, “are we men?” Downes’ neighbors on the bancs, Cawley and Walton, and O.C. just below, essayed to calm him, but Downes stood up and asked for an adjournment, which Bradshaw ordered, leading the commissioners to the Court of Wards. There O.C. and others angrily chided Downes for “a peevish man” who “knew not that the court now had to do with the hardest-hearted man that lived on Earth.” Said Cromwell, “He would fain save his old master.” Downes went apart and wept. The court returning, Bradshaw said twould brook no more delays, and answered Charles’ objections to its powers. |
| Briefly, the king’s deeds spoke not of peace. Nor were our kings superior to the laws that often-summoned Parlaments enacted, the king’s task being to administer justice. The people kept the right to bridle kings, as peers had nobly done in the Barons’ Wars, every nation furnishing suchlike precedents, including Charles’s native land of Scotland. His grandmother Mary was set aside, as in England, Edward Two and Richard Two. The people set them up and took them down – the people, not descent, made English kings. Truly, Charles was a tyrant and a traitor who’d fouled the land by shedding guiltless blood. Bradshaw prayed the Lord might mend his heart and make him sensible of his miscarriages, then, refusing further to hear from Charles, who all along had disavowed the court, ordered the clerk (Broughton) to read the sentence: |
| which was that Charles Steward be put to death by the severing of his head from his body. The whole court rose to acknowledge the sentence. Charles was led out. No rioting erupted, save calls for “Justice!” and “God save the king!” Two ladies had cried out against the trial, one of whom was said to be Lady Fairfax. Charles rode in a sedan chair back to Whitehall, hid from view by soldiers lining King Street. No force of reformadoes rose for him, no turbulent apprentices from London, nor those who’d marched to disband Fairfax’ army, nor those who’d risen up against the excise, nor those who loved the Book of Common Prayer. |
| On Sunday he was carried to St. James’s, where Juxon preached and prayed with him all day, the king excluding others from his presence. Cromwell would not have judged him so hard-hearted had he seen with what feeling he gave his daughter, when the children visited him on Monday, his Hooker, Andrewes, and Laud contra Fisher. |
| “Remember” was the king’s last word to Juxon up on the freezing platform outside Whitehall. He’d likewise urged Elizabeth to remember his last words to his sons and to his lady. Glancing at the sword, he’d said in court he did not fear “the bill” – he now made good that piece of bravery. Charles had always dared to plant one footstep, then the next – to face the thunder of the guns, the gusting lead, and the blind, smoking countenance of Mars transpierced by stabbing red and yellow fires. Before he stepped from James’s Banqueting House, he took a bite of manchet and some claret. |
| High above the Parlamentarian troopers who held back the crowd from the black-draped scaffold, Charles made his last defense to those nearby, the colonels, clerks, and executioners, styling himself anew the people’s martyr, defender of their wealth and liberties, who had defied the tyrannous usurpers – he who’d raised forced loans and so-called ship money, who’d jailed his Parlamentary opponents, dissolved the Houses for eleven years, who’d mutilated Bastwick, Prynne, and Burton, persecuted godly folk in their churches, and lastly levied war against the Houses, scheming to bring in foreign arms to best them. |
| When the bright axe from the Tower struck its blow – unlike the flurry needed to quell Mary – one cried aloud, “Behold the head of a traitor!” A huge groan, twas said, broke from the crowd, as if Dagon had crushed them in the temple – so sunk were they, were we, in fond idolatry, illumining one small, obstinate prince with borrowed glimmers from our Lord and King. Hacker’s troopers swiftly cleared the streets. |
[1] “Parlament” was Milton’s preferred spelling, as being more faithful to the word’s Late Latin origin. Steward is not a spelling error.
WILLIAM G. CARPENTER is the author of Eþandun (Beavers Pond Press, 2020), which depicts King Alfred’s struggle with the pagan Danes in 878 a.d. Available from Amazon, Itasca Books Distribution and www.williamgcarpenter.com.
