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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". The indictment 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".
297:. Standing immediately to the right of the King, he began to speak, but he had uttered only a few words when Charles attempted to stop him by tapping him sharply on the shoulder with his cane and ordering him to "Hold". Cook ignored him and continued, so Charles poked him a second time and rose to speak, but Cook continued. At that point Charles, incensed at being ignored, struck Cook across the shoulder with his cane so forcefully that the ornate silver tip broke off, rolled down Cook's gown and clattered onto the floor between them. Nobody was willing to pick it up for him, so Charles had to stoop down to retrieve it himself.
308:, and by the traditions and laws of England when he was crowned and anointed, and that the power wielded by those trying him was simply that of force of arms. Charles insisted that the trial was illegal, explaining, "No learned lawyer will affirm that an impeachment can lie against the King ... one of their maxims is, that the King can do no wrong." Charles asked "I would know by what power I am called hither. I would know by what authority, I mean lawful ". Charles maintained that the House of Commons on its own could not try anybody, and so he refused to plead. The court challenged the doctrine of
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people of the nation, to be put to death by the severing of his head from his body." To show their agreement with the sentence, all of the 67 Commissioners who were present rose to their feet. During the rest of that day and on the following day, signatures were collected for his death warrant. It was eventually signed by
178:'s Regiment of Foot took up position on the stairs leading to the House, while Nathaniel Rich's Regiment of Horse provided backup. Pride himself stood at the top of the stairs. As Members of Parliament (MPs) arrived, he checked them against the list provided to him. Troops arrested 45 MPs and kept 146 out of parliament.
325:, that is, pressing with stones, as was standard practice in case of a refusal to plead. However, witnesses were heard by the judges for "the further and clearer satisfaction of their own judgement and consciences". Thirty witnesses were summoned, but some were later excused. The evidence was heard in the
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The King was declared guilty at a public session on
Saturday 27 January 1649 and sentenced to death. His sentence read: "That the court being satisfied that he, Charles Stuart, was guilty of the crimes of which he had been accused, did judge him tyrant, traitor, murderer, and public enemy to the good
239:
in the name of the people of
England. The bill initially nominated 3 judges and 150 commissioners, but following opposition in the House of Lords, the judges and members of the Lords were removed. When the trial began, there were 135 commissioners who were empowered to try the King, but only 68 would
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a century later, that the king had been "trusted with a limited power to govern by and according to the laws of the land, and not otherwise; and by his trust, oath, and office, being obliged to use the power committed to him for the good and benefit of the people, and for the preservation of their
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Charles 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
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In making war against
Parliament, the king had caused the deaths of thousands. Estimated deaths from the first two English civil wars has been reported as 84,830 killed with estimates of another 100,000 dying from war-related disease. The war deaths totalled approximately 3.6% of the population,
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in 1660, all who had been active in the court that had tried and sentenced
Charles I were targets for the new king. Most of those who were still alive attempted to flee the country. Many fled to the Continent while several of the regicides were sheltered by leaders of
143:, "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 up to this point had supported negotiations with the king but now rejected further negotiations.
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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.
131:, 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 settlement. By provoking the
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in
Parliament were determined that the King should be punished, but they did not command a majority. Parliament debated whether to return the King to power, while those who still supported Charles's place on the throne (mainly
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rights and liberties; yet, nevertheless, out of a wicked design to erect and uphold in himself an unlimited and tyrannical power to rule according to his will, and to overthrow the rights and liberties of the people..."
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10 December 1650: An Act for
Establishing an High Court of Justice within the Counties of Norfolk, Suffolk, Huntington, Cambridge, Lincoln, and the Counties of the Cities of Norwich and Lincoln, and within the Isle of
263:
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and proposed that "the King of
England was not a person, but an office whose every occupant was entrusted with a limited power to govern 'by and according to the laws of the land and not otherwise'."
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tribunal that was specifically created for the purpose of trying the king, the name continued to be used during the interregnum (the period from the execution of
Charles I until the restoration).
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The commissioners met to make arrangements for the trial on 8 January when well under half were present – a pattern that was to be repeated at subsequent sessions. On 10 January,
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When given the opportunity to speak, Charles refused to enter a plea, claiming that no court had jurisdiction over a monarch. He believed that his own authority to rule had been due to the
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was chosen as President of the Court. During the following ten days, arrangements for the trial were completed; the charges were finalised and the evidence to be presented was collected.
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Neither the involvement of Parliament in ending a reign nor the idea of trying a monarch was entirely novel. In two prior examples, the parliament had requested both the abdication of
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In subsequent years the High Court of Justice was reconstituted under the following Acts, all voided upon the Restoration since they did not receive royal assent:
209:, in 1327 and 1399 respectively. However, in both these cases, Parliament acted at the behest of the new monarch. Parliament had established a regency council for
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as an "Act" and pressed on with the trial anyway. The intention to place the King on trial was re-affirmed on 6 January by a vote of 29 to 26 with
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A Complete Collection of State Trials and Proceedings for High Treason other crimes and misdemeanors from the earliest period until the year 1783
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rather than Westminster Hall. King Charles was not present to hear the evidence against him and he had no opportunity to question witnesses.
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293:, the trial began with a moment of high drama. After the proceedings were declared open, Solicitor General John Cook rose to announce the
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Furious that Parliament continued to countenance Charles as King, troops of the New Model Army marched on Parliament and purged the
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274: – when the judges, members of the House of Lords and others who might be sympathetic to the King were removed.
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692:) used in Great Britain throughout Charles's lifetime; however, years are assumed to start on 1 January rather than 25 March (
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193:"in order to the bringing of him speedily to justice". In the middle of December, the King was moved from Windsor to London.
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February 1649 An Act to prevent the printing of any the Proceedings in the High Court of Justice, Erected for Trying of
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270:. At the same time, the number of commissioners was reduced to 135 – any twenty of whom would form a
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the Lord Protector Oliver Cromwell and restore Charles II as king. The plotters were found guilty and executed.
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Only seventy-five people were allowed to enter and, even then, only at the army's bidding. On 13 December, the "
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After the King had been moved to London, the Rump Parliament passed a Bill setting up what was described as a
185:", as the purged House of Commons came to be known, broke off negotiations with the King. Two days later, the
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on 30 January 1649. He declared that he had desired the liberty and freedom of the people as much as any;
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even while defeated and in captivity, Charles was held responsible for unjustifiable bloodshed. The secret
774:"The National Archives | Civil War | Why did people want the king back in 1646? | Key people & events"
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treaty with the Scots was considered particularly unpardonable; "a more prodigious treason", said
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The Trial of Charles Stuart, King of England; Before the High court of Justice, for High Treason
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were tried for high treason by the High Court of Justice sitting in Westminster Hall. They had
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174:" after the commanding officer of the operation. On Wednesday, 6 December 1648, Colonel
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30:"High Court of Justice (1649)" redirects here. For other similarly named courts, see
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The trial of King Charles I – defining moment for our constitutional liberties
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Following the execution of Charles I, there was further large-scale fighting in
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by the Scots and he led an invasion of England where he was defeated at the
399:. A year and a half after the execution, Prince Charles was proclaimed King
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666:
Contemporary London Gazette report on the trial and execution of Charles I
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749:"Going to the Wars: the experience of the British Civil Wars, 1638–1651"
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27 August 1650: An Act giving further Power to the High Court of Justice
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21 November 1653: An Act For The Establishing An High Court of Justice.
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was tried and executed on 9 March 1649 by the 'High Court of Justice'.
345:, including two who had not been present when the sentence was passed.
604:, and others, Without leave of the House of Commons, or the said Court
597:, to the Anglo-Australasian Lawyers' association, on 22 January 1999.
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224:, but she was not brought to trial while still a reigning monarch.
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Full text of the Act abolishing the Office of King, 17 March, 1649
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94:'s "Record of the Trial of Charles I, 1688" in the British Museum.
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The Tyrannicide Brief: The Man Who Sent Charles I to the Scaffold
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McIntosh, A. W. (January 2008) . "Allen, Francis (c.1583–1658)".
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House of Lords Record Office: The Death Warrant of King Charles I
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arranged payments and prepared accounts for the execution event.
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The Constitutional Documents of the Puritan Revolution 1625–1660
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The Constitutional Documents of the Puritan Revolution 1625–1660
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Charters and Documents relating to the City of Glasgow 1175–1649
802:
Population growth and agrarian change: an historical perspective
539:. With the exception of the repentant and eventually pardoned
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26 March 1650: An Act for Establishing an High Court of Justice
90:
A plate depicting the trial of Charles I in January 1649, from
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naturally was lacking, the Rump Parliament referred to the
852:, Part 1 (1897), pp. CDLXXV–DXIX. Accessed 12 March 2007.
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Crimes Against Humanity: The Struggle for Global Justice
27:
1649 trial that resulted in conviction of King Charles I
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Trial of King Charles I - UK Parliament Living Heritage
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The court proceeded as if the king had pleaded guilty (
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had been raging for nearly an entire decade. After the
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of the New Model Army voted that the King be moved to
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Full text of the Ordinance that established the court
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High Court of Justice in order to try Charles I for
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1033:(Second ed.). Harmondsworth: Penguin Books.
631:The Political History of Tudor and Stuart England
865:(January 2014) . "Grey, Lady Jane (1534–1554)".
546:The charges against the king were echoed in the
411:The High Court of Justice during the Interregnum
112:Charles I, King of England, Scotland and Ireland
481:Even though the High Court of Justice was an
268:An Act of the Commons Assembled in Parliament
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930:(online ed.). Oxford University Press.
871:(online ed.). Oxford University Press.
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571:(online ed.). Oxford University Press.
147:estimated to be around 5.1 million in 1650.
449:. Unsourced material may be challenged and
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644:Volume 12 of 21 Charles I to Charles II:
359:King Charles was beheaded in front of the
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565:Nenner, Howard. "Regicides (act. 1649)".
469:Learn how and when to remove this message
407:. This marked the end of the civil wars.
319:), rather than subjecting Charles to the
163:) tried once more to negotiate with him.
197:The role of Parliament in ending a reign
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67:of all important aspects of the article.
1060:. Chatto & Windus. pp. 16–17.
927:Oxford Dictionary of National Biography
868:Oxford Dictionary of National Biography
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568:Oxford Dictionary of National Biography
395:and England, known collectively as the
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63:Please consider expanding the lead to
32:High Court of Justice (disambiguation)
1116:Charles I opening speech at his trial
684:All dates in this article are in the
591:The Hon Justice Michael Kirby AC CMG
7:
1086:Samuel Rawson Gardiner, ed. (1906).
964:Samuel Rawson Gardiner, ed. (1906).
447:adding citations to reliable sources
150:Following the second civil war, the
1169:The Death Warrant of King Charles I
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696:), which was the English New Year.
25:
1171:". House of Lords Record Office.
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41:
747:Samuel Charles Carlton (1992).
55:may be too short to adequately
1208:1649 establishments in England
108:High Court of Justice for the
65:provide an accessible overview
1:
966:"The Charge against the King"
258:refused to pass the bill and
1146:. Accessed 22 September 2019
1054:Robertson, Geoffrey (2005).
944:UK public library membership
885:UK public library membership
585:UK public library membership
18:High Court of Justice (1649)
846:Historical preface: 1647–49
778:www.nationalarchives.gov.uk
240:ever sit in judgement. The
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995:The Last Days of Charles I
902:The last Days of Charles I
808:Cambridge University Press
526:The restoration and beyond
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336:Death warrant of Charles I
247:was appointed prosecutor.
170:in an act later known as "
29:
637:Charges against Charles I
1012:citing Wedgwood, p. 122.
898:Edwards, Graham (1999).
133:Second English Civil War
1144:Encyclopædia Britannica
1096:Oxford University Press
974:Oxford University Press
798:David B. Grigg (1980).
753:Oxford University Press
727:Luminarium Encyclopedia
608:British History online
602:James Earl of Cambridge
487:James Earl of Cambridge
397:Third English Civil War
343:59 of the Commissioners
289:On 20 January 1649, in
129:First English Civil War
1198:17th century in London
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520:planned to assassinate
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302:divine right of kings
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651:Text of the sentence
443:improve this section
1140:Peine forte et dure
1023:Robertson, Geoffrey
405:Battle of Worcester
365:Palace of Whitehall
322:peine forte et dure
187:Council of Officers
906:. Sutton. p.
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548:American colonists
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310:sovereign immunity
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1188:English Civil War
1138:–Jenkins, J. P. "
1040:978-0-14-101014-4
942:(Subscription or
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459:January 2021
456:
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429:
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317:pro confesso
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260:royal assent
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236:high treason
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222:high treason
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176:Thomas Pride
165:
156:Independents
149:
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137:"Engagement"
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512:John Gerard
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1182:Categories
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887:required.)
810:. p.
704:References
587:required.)
559:References
552:George III
401:Charles II
295:indictment
207:Richard II
119:Background
686:Old Style
672:Footnotes
430:does not
383:Aftermath
349:Execution
264:ordinance
245:John Cook
203:Edward II
110:trial of
73:July 2024
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694:Lady Day
550:against
393:Scotland
211:Henry VI
154:and the
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451:removed
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