Page:The Green Bag (1889–1914), Volume 11.pdf/343

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3H
The Green Bag.

The Lord President declared that the sentence was the resolution of the whole court, to which all the commissioners ex pressed their assent by standing up. The sentence was pronounced on Satur day the 27th of January, and on the follow ing Monday the commissioners drew up and engrossed the warrant for his execution. The warrant, which is unique in the annals of jurisprudence was as follows : — "At the High Court of Justice for the trying'and judging of Charles Stuart, King of England, January 29, 1649. "Whereas, Charles Stuart, King of England, is, and standeth convicted, attainted, and con demned of high treason and other high crimes; and sentence upon Saturday last was pronounced against him, by this Court, to be put to death, by the severing of his head from his body, of which sentence execution yet remaineth to be done : these are, therefore to will and require you to see the said sentence executed, in the open street before Whitehall, upon the morrow, being the thirtieth day of this instant month of January, between the hours of ten in the morn ing and five in the afternoon of the same day, with full effect : and for so doing, this shall be your sufficient warrant. And these are to require all officers, soldiers, and others, the good people of this nation of England, to be assisting you in this service. "Given under our hands and seals." Then followed the signatures of fifty-nine commissioners. The execution was carried out and the people had proved that there was a power stronger than the " divine right of kings." One of the judges, Thomas Scott, wrote in justification of the sentence and execution : "So long as the king was above ground in view, there were daily revoltings among the army, and risings in all places; creating us all mischief, more than a thousand kings do good. It was impossible to continue him alive. I wish all had heard the grounds of our resolutions. We did not assassinate, or do it in a corner. We did it in the face of God and all men."

Of the counsel for the commonwealth Dr. Dorislaus was sent as minister to Holland where he was cruelly murdered by some Scotch adherents of the Duke of Montrose. Cook was appointed Chief Jus tice in Ireland, but was executed as a regi cide in 1660. Bradshaw died a natural death and was buried in great pomp in Westminster Abbey, but at the restoration his body was exhumed, with those of Crom well and Ireton, and exposed on a gibbet at Tyburn, and then thrown into a pit. So thorough a loyalist as the late Lord Bcaconsfield defended the execution of Charles, and in his " Revolutionary Epic," says : — "Glory to the soil That struck the oppressor down Not as a steed, jaded, flings oft" its burden. But with aim noble as human rights." And though official England will not recognize the Protectorate, or Common wealth of Cromwell, declaring that Charles II. commenced to reign on the day of his father's execution, parliament has so far en dorsed the action of the parliamentarians by erecting a statue, in the Hall of the Houses of Parliament, to Oliver Cromwell. Key to Engraving of " Trial of the King" printed on page 3 1 5. A. The king sitting in a large elbow-chair, covered with crimson velvet, with gold fringe and nails, and a velvet cushion, in a distinct apartment, directly over against the Lord President between the space allotted for the Counsel of the Commonwealth standing on the right hand of the king, and the like vacant space leading from the head of the stairs to the king's apartment aforesaid. B. The Lord President Bradshaw sitting in an elbow chair, having a large desk fixed before him, covered with a velvet pall, and a large velvet cushion thereupon. D. I WmamSaey}sit,ineonthe j "fft }handof the Lord President. These two being appointed to be his Lordship's assistants, and being with the President and all of the long robe, sate in their gowns; the rest of the Com missioners in their usual habits, as gentlemen and souldiers. the two clerks appointed to the court, being seat E. Andrew Broughton, attend ed at the feet of the Lord F. John Phelps. President, under the covert of his desk.