Axtell was put to his trial as a "regicide." His defence, which was,
that as a soldier he obeyed his orders, and was no more guilty than his
general, Lord Fairfax, was not listened to, and he was sentenced to
death, a fate which he met like the brave man he was.

Although Fairfax did not immediately resign his command after the king's
death, from that moment he lost heart in the cause. Lady Fairfax, whose
loyalty to Charles may have been quickened by her dislike of Oliver, had
great influence with him, and it may well be that his conscience pricked
him. The rupture came in June 1650, when Charles's son made his
appearance in Scotland and his peace with the Presbyterians, subscribing
with inward emotions it would be unkind to attempt to describe the
Solemn League and Covenant, and attending services and listening to
sermons the length of which, at least, he never forgot. War was plainly
imminent between the two countries. The question was, who should begin?
Cromwell, who had hurried home from Ireland, Lambert, and Harrison were
all keen to strike the first blow. Fairfax felt a scruple, and in those
days scruples counted. Was there, he asked, a just cause for an invasion
of Scotland? A committee was appointed, consisting of the three warriors
above-named with St. John and Whitelock, to confer with the Lord-General
and satisfy him of the lawfulness of the undertaking. The six met, and
having first prayed--Oliver praying first--they proceeded to a
discussion which may be read at length in Whitelock's _Memorials_, vol.
iii. p. 207. The substance of their talk was as follows: Fairfax's
scruple proved to be that both they and the Scots had joined in the
Solemn League and Covenant, and that, therefore, until Scotland assumed
the offensive, there was no cause for an invasion. Cromwell's retort,
after a preliminary quibble, was practical enough. "War is inevitable.
Is it better to have it in the bowels of another's country or in one's
own? In one or other it must be." Fairfax's scruple, however, withstood