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 Thence on the 16th he sent a message offering Presbyterianism for three years and the militia for his lifetime to the parliament, but insisting on the maintenance of episcopacy. On the 28th of December he refused his assent to the Four Bills, which demanded the militia for parliament for twenty years and practically for ever, annulled the honours recently granted by the king and his declarations against the Houses, and gave to parliament the right to adjourn to any place it wished. On the 3rd of January 1648 the Commons agreed to a resolution to address the king no further, in which they were joined by the Lords on the 15th.

Charles had meanwhile taken a further fatal step which brought about his total destruction. On the 26th of December 1647 he had signed at Carisbrooke with the Scottish commissioners the secret treaty called the “Engagement,” whereby the Scots undertook to invade England on his behalf and restore him to the throne on condition of the establishment of Presbyterianism for three years and the suppression of the sectarians. In consequence the second civil war broke out and the Scots invaded England under Hamilton. The royalist risings in England were soon suppressed, and Cromwell gained an easy and decisive victory over the Scots at Preston. Charles was now left alone to face his enemies, with the whole tale of his intrigues and deceptions unmasked and exposed. The last intrigue with the Scots was the most unpardonable in the eyes of his contemporaries, no less wicked and monstrous than his design to conquer England by the Irish soldiers; “a more prodigious treason,” said Cromwell, “than any that had been perfected before; because the former quarrel was that Englishmen might rule over one another; this to vassalize us to a foreign nation.” Cromwell, who up to this point had shown himself foremost in supporting the negotiations with the king, now spoke of the treaty of Newport, which he found the parliament in the act of negotiating on his return from Scotland, as “this ruining hypocritical agreement.” Charles had engaged in these negotiations only to gain time and find opportunity to escape. “The great concession I made this day,” he wrote on the 7th of October, “was made merely in order to my escape.” At the beginning he had stipulated that no concession from him should be valid unless an agreement were reached upon every point. He had now consented to most of the demands of the parliament, including the repudiation of the Irish Cessation, the surrender of the delinquents and the cession of the militia for twenty years, and of the offices of state to parliament, but remained firm in his refusal to abolish episcopacy, consenting only to Presbyterianism for three years. Charles’s devotion to the church is undoubted. In April 1646, before his flight from Oxford, inspired perhaps by superstitious fears as to the origin of his misfortunes, he had delivered to Sheldon, afterwards archbishop of Canterbury, a written vow (now in the library of St Paul’s cathedral) to restore all church lands held by the crown on his restoration to the throne; and almost his last injunction to the prince of Wales was that of fidelity to the national church. His present firmness, however, in its support was caused probably less by his devotion to it than by his desire to secure the failure of the whole treaty, and his attempts to escape naturally weakened the chances of success. Cromwell now supported the petitions of the army against the treaty. On the 16th of November the council of officers demanded the trial of the king, “the capital and grand author of our troubles,” and on the 27th of November the parliamentary commissioners returned from Newport without having secured Charles’s consent. Charles was removed to Hurst Castle on the 1st of December, where he remained till the 19th, thence being taken to Windsor, where he arrived on the 23rd. On the 6th “Pride’s Purge” had removed from the Commons all those who might show any favour to the king. On the 25th a last attempt by the council of officers to come to terms with him was repulsed. On the 1st of January the remnant of the Commons resolved that Charles was guilty of treason by “levying war against the parliament and kingdom of England”; on the 4th they declared their own power to make laws without the lords or the sovereign, and on the 6th established a “high court of justice” to try the king. On the 19th Charles was brought to St James’s Palace, and on the next day his trial began in Westminster Hall, without the assistance of any of the judges, who all refused to take part in the proceedings. He laughed aloud at hearing himself called a traitor, and immediately demanded by what authority he was tried. He had been in treaty with the parliament in the Isle of Wight and taken thence by force; he saw no lords present. He was told by Bradshaw, the president of the court, that he was tried by the authority of the people of England, who had elected him king; Charles making the obvious reply that he was king by inheritance and not by election, that England had been for more than 1000 years an hereditary kingdom, and Bradshaw cutting short the discussion by adjourning the court. On the 22nd Charles repeated his reasoning, adding, “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 their liberties, for if power without law may make laws ... I do not know what subject he is in England that can be sure of his life or anything that he calls his own.” On the 23rd he again refused to plead. The court was adjourned, and there were several signs that the army in their prosecution of the king had not the nation at their back. While the soldiers had shouted “Justice! justice!” as the king passed through their ranks, the civilian spectators from the end of the hall had cried “God save the king!” There was considerable opposition and reluctance to proceed among the members of the court. On the 26th, however, the court decided unanimously upon his execution, and on the 27th Charles was brought into court for the last time to hear his sentence. His request to be heard before the Lords and Commons was rejected, and his attempts to answer the charges of the president were silenced. Sentence was pronounced, and the king was removed by the soldiers, uttering his last broken protest: “I am not suffered to speak. Expect what justice other people will have.”

In these last hours Charles, who was probably weary of life, showed a remarkable dignity and self-possession, and a firm resignation supported by religious faith and by the absolute conviction of his own innocence, which, says Burnet, “amazed all people and that so much the more because it was not natural to him. It was imputed to a very extraordinary measure of supernatural assistance. . . ; it was owing to something within himself that he went through so many indignities with so much true greatness without disorder or any sort of affectation.” Nothing in his life became Charles like the leaving it. “He nothing common did or mean Upon that memorable scene.” On the morning of the 29th of January he said his last sad farewell to his younger children, Elizabeth and Henry, duke of Gloucester. On the 30th at ten o’clock he walked across from St James’s to Whitehall, calling on his guard “in a pleasant manner” to walk apace, and at two he stepped upon the scaffold from a window, probably the middle one, of the Banqueting House (see, Plate VI., fig. 75). He was separated from the people by large ranks of soldiers, and his last speech only reached Juxon and those with him on the scaffold. He declared that he had desired the liberty and freedom of the people as much as any; “but I must tell you that their liberty and freedom consists in having government. . . . It is not their having a share in the government; that is nothing appertaining unto them. A subject and a sovereign are clean different things.” These, together with his declaration that he died a member of the Church of England, and the mysterious “Remember,” spoken to Juxon, were Charles’s last words. “It much discontents the citizens,” wrote a spectator; “ye manner of his deportment was very resolutely with some smiling countenances, intimating his willingness to be out of his troubles.” “The blow I saw given,” wrote another, Philip Henry, “and can truly say with a sad heart, at the instant whereof, I remember well, there was such a grone by the Thousands then present as I never heard before and desire I may never hear again. There was according to