giving rings, their feasts, which Fortescue saith were coronationis instar, and continued anciently seven days, and Kings and Queens were often present at, and all ceremonies and solemnities in their creation do sufficiently express the state due unto them."* He concludes by giving some wholesome advice, the necessity for which does not exalt our ideas of the liberality and honour of the bar in those days: "For your duty to particular clients you may consider that some are rich; yet with such there must be no endeavour to lengthen causes to continue fees. Some are poor; yet their business must not be neglected if their cause be honest. Some are peaceable; stir them not to strife. Some are contentious; advise them to reconcilement with their adversary. Amongst your clients, and all others, endeavour to gain and preserve that estimation and respect which is just to your degree, and to an honest and discreet person. Among your neighbours in the country, never foment, but pacify contentions. The French proverb is 'Bonne terre, mauvais chemin ; I hope this will never be turned by any here into English." It seems marvellous to us, although we live in quiet and dull times, that sensible men could then have felt an interest in such mummeries. The treaty of Newport, the last attempt at reconciliation with Charles, had just been broken off, and the crisis of the struggle between the parliament and the army was close at hand. After a debate in the Commons, which lasted three whole days and one night, a resolution was passed against Cromwell's party, "that the offers of the Sovereign furnished a sufficient ground for the future settlement of the kingdom."t-The remedy prescribed for such disorders was Pride's purge. * Without any disrepect to the coif I must be allowed to say, that the result of an investigation I had occasion to make on this subject, was, that anciently the Serjeants, after going into court at eight, and dining at twelve, did regularly repair in the afternoon to Paul's to meet their clients who resided within the walls of the city of London. This is corroborated by the assignment of a pillar to each on their call, and by the quotation from Chaucer:-for the "Pervise" was a sort of Exchange at Paul's, where all ranks met to do business. But there was nothing discreditable in this custom. In those times, and long afterwards, barristers of every degree were consulted without the intervention of attorneys. An attorney was only employed in the actual processes of the Court. Even in Anne's reign the counsellors used to see his clients, before breakfast and at night, at the coffee-houses around the temple. (See The Spectator.) An eminent counsel in the reign of George IV. talked of reviving this practice, when the attorneys conspired against him. I suppose that, in those days, the Serjeant or barrister made up his own brief, and himself took what fee he could bargain for, or was customary, from the client. The attorney has now become an adviser, and keeps the key of the barrister's chambers. So the apothecary has invaded upon the physician.-The young barrister had then also the stewardship of manors; settlement-drawing, even when oncircuit.—See The Clandestine Marriage, and Hogarth's Marriage-à-laMode)-all now usurped by attorneys.-But it is said that some provincial counsel still keep the market" in the towns near which they reside. † 3 Parl. Hist. 1239. The Lords Commissioners had appointed the following day for holding their "second seal after term." When they arrived at the House of Lords' door a little before [DEC. 7.] eight, they found two troopers there, who denied them entrance, till saying "they were going about Chancery business," they were allowed to pass. They found the Court of Requests, the stairs of the House of Commons, and the passage from thence leading down to Westminster Hall, full of soldiers. While they were meditating retreat, Lord Grey de Groby, who was acting in concert with Colonel Pride, came up to them, and advised them to sit, assuring them that they were in no danger, and that the preparations they saw were only against malignant members of the House of Commons. They accordingly proceeded to the Court of Chancery, and began to call over the bar for motions. In a little time Lord Commissioner Widdrington was fetched away by a message from Cromwell, who expressed a desire to see him; and a member of the House of Commons came into Court, and mentioned how all who had voted in the preceding night were refused permission to take their seats, and many of them had been made prisoners. The Lords Commissioners thereupon rose, thinking that the counsel and suitors could not attend with freedom, and not being without apprehension for their own personal safety. The Earl of Kent and Lord Grey de Werke asked Lord Commissioner Whitelock to go with them to the House of Peers, where they were sure to be protected. On their way thither they met Colonel Pride and Lord Grey de Groby, watching for obnoxious members, many of whom they had secured; but the Lords Commissioners were allowed to pass unmolested. They were advised by the assembled Peers to return to the Court of Chancery, but Whitelock would not act without the sanction of the House of commons. He proceeded thither, and stated the doubt which he and his brother Commissioners entertained as to whether, in the existing confusion, they should sit or adjourn. The party now dominant, afraid of the inputation upon the army, that they interrupted the course of justice advised the commissioners by all means to sit, and proceed with business. Whitelock then went to the Court of Wards, where he was joined by the two Peers and Widdrington. and they sat till six in the evening,-when the soldiers were gone, and all was tranquil. Meanwhile Pride exclued ninety-six members and imprisoned forty-seven,-reducing the assembly, once so numerous and respectable, to a small number of individuals, who, in the quaint language of the times, were afterwards dignified with the appellation of the "Rump." As soon as the Court rose, Whitelock and Widdrington went to the house of Lenthal, the Speaker and Master of the Rolls in Chancery Lane, where they met General Cromwell, and had a long conversation with him respecting the present posture of affairs, he trying to persuade them that he still hoped for a settlement with the King. Two days afterwards he made them draw up a paper for general circulation, to palliate the violence offered to the House of Commons, and holding out a prospect of the restitution of the secluded members. But on the 23d of December a debate arose in the Commons on the proposal for bringing "delinquents" to justice, in which the design of taking off the King was distinctly avowed. Several members made no scruple to mention his Majesty by name, as "the greatest delinquent," and as such to be brought to justice. They said he had been guilty of treason against the nation, and it remained for the representatives of the nation to bring him to punishment; he had shed the blood of man, and God made it a duty to demand his blood in return. They urged that the life of the King was incompatible with their safety; if he were restored, they would become the objects of royal vengeance; if he were detained in prison, the public tranquillity would be disturbed by a succession of plots in his favour; and though in private assassination there was something base and cowardly, from which all Englishmen revolted,-to bring him to a public trial would be to proclaim their confidence in the goodness of the cause, would give to the world a splendid proof of the sovereignty of the people and of the responsibility of Kings, and would shed glory on the English name to the latest generations. Whitelock, and several other members still allowed to sit, disapproved of this course, and contended that the person of the King was sacred; that history afforded no precedent of a sove· reign compelled to plead before a judicature composed of his own subjects; that measures of vengeance could only serve to widen the bleeding wounds of the country; and that a deed which would be regarded with horror by the nation would only hasten a reaction in favour of those arbitrary principles which they had hitherto so successfully combated. Cromwell pretended to be neuter. Sir," said he, “if any man whatsoever have carried on this design of deposing the King and of disinheriting his posterity, or if any man have still such a design, he must be the greatest traitor and rebel in the world; but since Providence has cast this upon us, I cannot but submit to Providence, though I am not yet prepared to give you any advice." His wish was well known to be strongly in favour of the measure, and the fear of seclusion and of personal violence lowered the tone and lessened the number of its opponents. They did not venture to divide the House, lest their names should be handed about like those of the "Straffordians," and a committee of thirtyeight members was appointed to receive informations and examinations, and to prepare charges against the King and all other delinquents whom it might be thought fit to bring to condign punishment.* On the 26th of December the Lords Commissioners Whitelock * 3 Parl. Hist. 1259. and Widdrington received a summons to attend this Committee. It would have been a great advantage to Cromwell if he could have prevailed on either of them to preside in the High Court of Justice he was planning, from their reputation as lawyers, and the authority they had gained by having sometime filled the highest office in the law: and he had hopes of overcoming their scruples, the one being his kinsman, and the other his fast friend. But he was disappointed. They happened to be consulting together on a case. which had been argued before them when the summons was served upon them. Whitelock immediately announced his resolution "not to meddle with the King's trial, it being quite contrary to his judgment, as he had freely declared himself in the House." Widdrington said he was of the same opinion, but that he knew not where to go out of the way, that the Committee might not know where to send for him. Whitelock replied, "My coach is ready: I had made up my mind to go out of town this very morning, on purpose to avoid this unhappy business. I pray you go along with me: I shall be glad of your company, and we may remain quiet at my country-house till it is over. They instantly drove off, and remained concealed till the trial was actually begun. They certainly would have acted a more manly part if they had boldy attempted to prevent that which they so much condemned; and if Bradshaw sincerely approved of the prosecution, he incurred less moral guilt, by accepting the office which they declined. After their flight, all opposition to the proceeding ceased in the Commons. A preliminary resolution was unanimously voted, “that by the fundamental laws of this kingdom, it is treason in the King of England to levy war against the parliament and kingdom of England;" and an ordinance was unanimously passed constituting a Court of Justice, to consist of the four Lords Commissioners of the Great Seal, the two Chief Justices, the Chief Baron, the Lord Fairfax, Lieutenant-General Cromwell, Serjeant Bradshaw, and various other noblemen, members of the House of Commons, and military officers, for the trial of CHARLES STUART for the various treasonable offences recited in the preamble,— which roundly asserts that he is guilty of them, and that he is deserving of condign punishment. When the resolution and ordinance came to be discussed in the Upper House, there were only thirteen Peers present, the rest being kept away by apprehension, although no actual violence had been used to exclude them. The Earl of Manchester remembered that, when Lord Kimbolton, he had been himself very irregularly prosecuted for high treason by the King's personal order, and knew that it was certainly then intended to proceed to extremities against him and the five members of the House of Commons; yet he began the debate, and generously moved to negative the resolution, and to reject the ordinance. He showed that, by the fundamental laws of England, the parliament consists of King, Lords, and Commons, that the King only hath power to call and dissolve them, and to confirm all their acts; that, without him, there can be no parliament; and therefore that it was absurd to say, "the King can be a traitor against the parliament." The Earl of Northumberland, who had taken the popular side throughout the contest, now said, "the greatest part, even twenty to one, of the people of England were not yet satisfied whether the King made war against the Houses first, or the Houses first against him; and, besides, if the King did levy war first, there was no law extant to make it treason for him to do so." The Earl of Denbigh complained that the Commons had had the presumption to put in his name as one of the King's Judges, and swore that he would sooner be torn in pieces than have any share in so infamous a transaction. The motion being put, it was carried nemine contradicente; and the Lords, rashly presuming that nothing could be done in the way of legislation without their assent, and resolving to avoid any importunity upon the subject, adjourned for a week.-But before that week expired, the shadow of their power had vanished. The Commons having gone through the form of appointing a committee to examine the Lords' Journals, for the purpose of finding what they had done upon the resolution and ordinance sent up to them respecting the trial of Charles Stuart, and having had a long debate with closed doors, came to the following resolutions: "That the people are, under God, the original of all just power; that the Commons of England in parliament assembled, being chosen by and representing the people, have the supreme power in the nation; and that whatsoever is enacted, or declared for law by the Commons in parliament assembled hath the force of law, and all the people of this nation are concluded thereby, although the consent of King or House of Peers be not had thereunto." They then passed an ordinance for the trial of the King in the same terms as the former, only omitting all notice of the Lords. At the same time it was resolved to have a new Great Seal instead of that hitherto used, which bore the King's [JAN. 9. 1649.] name and insignia. A committee appointed to consider the subject reported, that the new Great Seal ought to have on one side the map of England, Ireland, Jersey, and Guernsey, with the arms of England and Ireland, and the inscription, the Great Seal of England, 1648;"-and that on the other side there should be a representation of the House of Commons sitting, -with the Speaker in the chair,—and the inscription, "In the first year of freedom, by God's blessing restored, 1648." This Scal was immediately ordered, and a sum of 60l. was voted towards the expense of making it.* Lords Commissioners Whitelock and Widdrington remained in concealment till they heard that the High Court of Justice had * 2 Parl. Ilist. 1255-1258, Com. Jour. vi, 115. |