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EspañolHIGH COURT OF JUSTICE FOR THE TRIAL OF CHARLES I
The 'High Court of Justice' is the name given to the court established by the Rump Parliament to try King Charles I. This was an ad hoc tribunal created specifically for the purpose of trying the king, although the same name was used again for subsequent courts.
:''For the modern court, see High Court of Justice.''
Following the second civil war, the army and the Independents 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 and those who still supported Charles's place on the throne tried once more to negotiate with him.
Furious that Parliament continued to countenance Charles as a ruler, the army marched on Parliament and conducted "Pride's Purge" (named after the commanding officer of the operation, Thomas Pride). On Wednesday December 6, Col. Pride’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 MPs arrived, he checked them against the list provided to him. Troops arrested 45 Members of Parliament (MPs) and kept 146 out of parliament.
Only 75 were allowed in, and then only at the army's bidding. On 13 December 1648, the "purged" House of Commons of the ‘Rump Parliament’ broke off negotiations with the King. Two days later, the Council of Officers of the New Model Army voted that the King be moved to Windsor "''in order to the bringing of him speedily to justice''".[1]
In the middle of December, the King was moved from Windsor to London. The House of Commons passed a Bill setting up what was described as a High Court of Justice in order to try Charles I for high treason in the name of the people of England. The bill nominated 3 judges and 150 commissioners who were empowered to try the King. Among the commissioners was Oliver Cromwell.
The House of Lords refused to pass the bill and consequently, it did not receive the Royal Assent. However, the Parliamentary leaders and the Army pressed on with the trial anyway. The House of Commons initially presented it as an ordinance - the form used during the course of the civil war - but once passed it was referred to as an "Act", marking the transition of England from monarchy to republic
The intention to place the King on trial was re-affirmed on 6th January by a vote of 29 to 26.[2] At the same time, the number of commissioners was reduced to 135 when the judges, members of the House of Lords and others who might be sympathetic to the King were removed. The commissioners met to make arrangements for the trial on 8th January when well under half were present - a pattern that was to be repeated at subsequent sessions. On 10th January, John Bradshaw 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.
At the first session of the trial proper, on Saturday 20 January 1649 in Westminster Hall, Charles asked "''I would know by what power I am called hither. I would know by what authority, I mean lawful [authority]''".[3] In view of the historic issues involved, both sides based themselves on surprisingly technical legal grounds.
Charles maintained that the House of Commons on its own could not try anybody, and so he refused to plead. Previous courts could have been taken as a guilty plea, but the commissioners chose to present their evidence.
Thirty witnesses were summoned, but some were later excused. The evidence was heard in the Painted Chamber rather than Westminster Hall. King Charles was not present to hear the evidence against him and he had no opportunity to question witnesses.
The King was found guilty at a public session on Saturday 27 January 1649 and sentenced to death. 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. This was eventually signed by 59 of the Commissioners, including 2 who had not been present when the sentence was passed.[4]
King Charles was beheaded on a scaffold in front of the Banqueting House of the Palace of Whitehall on January 30, 1649.
Following the execution of Charles I, there was further large-scale fighting in Ireland, and England, known collectively as the third civil war. A year and a half after the execution, Prince Charles was proclaimed King Charles II by the Scots and he led an invasion of England where he was defeated at the Battle of Worcester. This marked the end of the civil wars.
The name continued to be used during the interregnum. James Earl of Cambridge was tried and executed on 9 March 1649 by the 'High Court of Justice' although there is no apparent constitutional authority for this Court
In subsequent years the High Court of Justice was reconstituted under the following Acts.
★ March 1650 An Act for Establishing an High Court of Justice.
★ August 1650 An Act giving further Power to the High Court of Justice
★ 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 Ely.
★ November 1653 An Act For The Establishing An High Court of Justice.
On 30 June,1654, Peter Vowell,and John Gerard were tried for High Treason by the High Court of Justice sitting in Westminster Hall. They had planned to assassinate Oliver Cromwell and restore Charles II as king. The plotters were found guilty and executed.
After the Restoration 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 that were still alive attempted to flee the country. With one exception, those that were captured were executed or sentenced to life imprisonment.
★ the section The regicide of Charles I of England in the article Regicide
★ The opening speech of Charles I at his trial
★ The Hon Justice Michael Kirby AC CMG ''The trial of King Charles I – defining moment for our constitutional liberties'', to the Anglo-Australasian Lawyers' association, on January 22 1999.
★ February 1649 An Act to prevent the printing of any the Proceedings in the High Court of Justice, Erected for Trying of James Earl of Cambridge, and others, Without leave of the House of Commons, or the said Court
★ British History online
★ Full text of the Act erecting a High Court of Justice for the Trial of Charles I January 6, 1649
★ Full text of the Sentence of the High Court of Justice upon the King, 27 January, 1649
★ Full text of The Death Warrant of Charles I, 29 January, 1649
★ House of Lords Record Office: The Death Warrant of King Charles I
★ Full text of the Act abolishing the Office of King, 17 March, 1649
1. 'Historical preface: 1647-49', Charters and Documents relating to the City of Glasgow 1175-1649: Part 1 (1897), pp. CDLXXV-DXIX. URL: http://www.british-history.ac.uk/report.asp?compid=47918. Date accessed: 12 March 2007.
2. Graham Edwards, ''The Last Days of Charles I''
3. The opening speech of Charles I at his trial
4. House of Lords Record Office The Death Warrant of King Charles I
:''For the modern court, see High Court of Justice.''
| Contents |
| Background |
| Establishing the court |
| The trial |
| Aftermath |
| The High Court of Justice during the Interregnum |
| Restoration |
| See also |
| References |
| Further reading |
| Footnotes |
Background
Following the second civil war, the army and the Independents 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 and those who still supported Charles's place on the throne tried once more to negotiate with him.
Furious that Parliament continued to countenance Charles as a ruler, the army marched on Parliament and conducted "Pride's Purge" (named after the commanding officer of the operation, Thomas Pride). On Wednesday December 6, Col. Pride’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 MPs arrived, he checked them against the list provided to him. Troops arrested 45 Members of Parliament (MPs) and kept 146 out of parliament.
Only 75 were allowed in, and then only at the army's bidding. On 13 December 1648, the "purged" House of Commons of the ‘Rump Parliament’ broke off negotiations with the King. Two days later, the Council of Officers of the New Model Army voted that the King be moved to Windsor "''in order to the bringing of him speedily to justice''".[1]
Establishing the court
In the middle of December, the King was moved from Windsor to London. The House of Commons passed a Bill setting up what was described as a High Court of Justice in order to try Charles I for high treason in the name of the people of England. The bill nominated 3 judges and 150 commissioners who were empowered to try the King. Among the commissioners was Oliver Cromwell.
The House of Lords refused to pass the bill and consequently, it did not receive the Royal Assent. However, the Parliamentary leaders and the Army pressed on with the trial anyway. The House of Commons initially presented it as an ordinance - the form used during the course of the civil war - but once passed it was referred to as an "Act", marking the transition of England from monarchy to republic
The intention to place the King on trial was re-affirmed on 6th January by a vote of 29 to 26.[2] At the same time, the number of commissioners was reduced to 135 when the judges, members of the House of Lords and others who might be sympathetic to the King were removed. The commissioners met to make arrangements for the trial on 8th January when well under half were present - a pattern that was to be repeated at subsequent sessions. On 10th January, John Bradshaw 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.
The trial
At the first session of the trial proper, on Saturday 20 January 1649 in Westminster Hall, Charles asked "''I would know by what power I am called hither. I would know by what authority, I mean lawful [authority]''".[3] In view of the historic issues involved, both sides based themselves on surprisingly technical legal grounds.
Charles maintained that the House of Commons on its own could not try anybody, and so he refused to plead. Previous courts could have been taken as a guilty plea, but the commissioners chose to present their evidence.
Thirty witnesses were summoned, but some were later excused. The evidence was heard in the Painted Chamber rather than Westminster Hall. King Charles was not present to hear the evidence against him and he had no opportunity to question witnesses.
The King was found guilty at a public session on Saturday 27 January 1649 and sentenced to death. 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. This was eventually signed by 59 of the Commissioners, including 2 who had not been present when the sentence was passed.[4]
King Charles was beheaded on a scaffold in front of the Banqueting House of the Palace of Whitehall on January 30, 1649.
Aftermath
Following the execution of Charles I, there was further large-scale fighting in Ireland, and England, known collectively as the third civil war. A year and a half after the execution, Prince Charles was proclaimed King Charles II by the Scots and he led an invasion of England where he was defeated at the Battle of Worcester. This marked the end of the civil wars.
The High Court of Justice during the Interregnum
The name continued to be used during the interregnum. James Earl of Cambridge was tried and executed on 9 March 1649 by the 'High Court of Justice' although there is no apparent constitutional authority for this Court
In subsequent years the High Court of Justice was reconstituted under the following Acts.
★ March 1650 An Act for Establishing an High Court of Justice.
★ August 1650 An Act giving further Power to the High Court of Justice
★ 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 Ely.
★ November 1653 An Act For The Establishing An High Court of Justice.
On 30 June,1654, Peter Vowell,and John Gerard were tried for High Treason by the High Court of Justice sitting in Westminster Hall. They had planned to assassinate Oliver Cromwell and restore Charles II as king. The plotters were found guilty and executed.
Restoration
After the Restoration 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 that were still alive attempted to flee the country. With one exception, those that were captured were executed or sentenced to life imprisonment.
See also
★ the section The regicide of Charles I of England in the article Regicide
References
★ The opening speech of Charles I at his trial
★ The Hon Justice Michael Kirby AC CMG ''The trial of King Charles I – defining moment for our constitutional liberties'', to the Anglo-Australasian Lawyers' association, on January 22 1999.
★ February 1649 An Act to prevent the printing of any the Proceedings in the High Court of Justice, Erected for Trying of James Earl of Cambridge, and others, Without leave of the House of Commons, or the said Court
★ British History online
Further reading
★ Full text of the Act erecting a High Court of Justice for the Trial of Charles I January 6, 1649
★ Full text of the Sentence of the High Court of Justice upon the King, 27 January, 1649
★ Full text of The Death Warrant of Charles I, 29 January, 1649
★ House of Lords Record Office: The Death Warrant of King Charles I
★ Full text of the Act abolishing the Office of King, 17 March, 1649
Footnotes
1. 'Historical preface: 1647-49', Charters and Documents relating to the City of Glasgow 1175-1649: Part 1 (1897), pp. CDLXXV-DXIX. URL: http://www.british-history.ac.uk/report.asp?compid=47918. Date accessed: 12 March 2007.
2. Graham Edwards, ''The Last Days of Charles I''
3. The opening speech of Charles I at his trial
4. House of Lords Record Office The Death Warrant of King Charles I
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