Friday 10 January 2014

Trial of King Charles I .1649.


Trial of King Charles I
1649 January 4th. An Ordinance was passed to try Charles I for treason; the House of Lords rejected it, The House

of Commons then passed anʻActʼ by itself for the same purpose,
1649 January, in response to
Charles I defiance of Parliament even after defeat, his encouraging the second civil

war while in captivity, the House of Commons passed an Act of Parliament creating a court for Charles I trial. After the first civil war, the Parliamentarians accepted the premise that the King, although wrong, had been able to justify his fight, and that he would still be entitled to limited powers as King under a new constitutional settle- ment, it was now felt that by provoking the second civil war even while defeated and in captivity, Charles I show
-ed himself responsible for unjustified bloodshed; the secret treaty with the Scots was considered particularly unpardonable; "a more prodigious treason",said Lieutenant-general Oliver Cromwell,"than any that had been
perfected before; because the former quarrel was that Englishmen might rule over one another; this to vassalise
 us to a foreign nation". Lieutenant-general Oliver Cromwell had up to this point supported negotiations with king Charles I but rejected further diplomacy,the idea of trying a king was a novel one; previous Monarchs
(Edward II, Richard II and Henry VI, Edward V) had been overthrown and murdered by their successors, but had never been brought to trial as Monarchs. Charles I was accused of treason against England by using his power to pursue his personal interest rather than the good of England. The charge against Charles I stated that the king. " for accomplishment of such his designs, and for the protecting of himself and his adherents in his and their wicked practices, to the same ends hath traitorously and maliciously levied war against the present Parliament, and the people therein represented...", that the "wicked designs, wars, and evil practices of him, the said Charles Stuart have been, and are carried on for the advancement and upholding of a personal interest of will, power, and pretended prerogative to himself and his family, against the public interest, common right, liberty, justice, and peace of the people of this nation." Estimated deaths from the first two English civil wars has been reported as 84,830 killed with estimates of another one hundred thousand dying from war-related disease, this was in 1650 out of a population of 5.1 million, (or 3.6% of the population). The indictment against the King therefore held him "guilty of all the treasons, murders, rapines, burnings, spoils, desolations, damages and mischiefs to this nation, acted and committed in the said wars, or occasioned thereby." The High Court of Justice established by the Act consisted of one hundred thirty nine Commissioners but only sixty eight ever sat in judgement (all firm Parliamentarians); the prosecution was led by Solicitor General John Cooke. 


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