1649: Act of Parliament – to try Charles I for treason
6 January 1649: An Act of the Commons of England Assembled in Parliament, for Erecting of a High Court of Justice, for the Trying and Judging of Charles Stuart, King of England.
In 1648 Parliament had a difficult decision to make. King Charles I was once again in custody. He had clashed politically with the commons throughout his reign, before raising his standard and starting the civil wars. Even after defeat and capture, Charles I had been a thorn in the side of Parliament. He had escaped and the war had continued. It was clear to many that something needed to be done to put a stop to Charles’ disruptive behaviour: but what? He was an anointed king and the system of government in each of the Three Kingdoms was centred on the monarch.
Parliament was divided on the question of what to do with Charles. A decision was made to ask the commons to vote on putting Charles on trial.
The Bill presented to Parliament initially proposed 3 judges and 150 commissioners from the commons and lords to hear the case. Soon this was amended, with the judges and lords being removed. This eventually left 135 commissioners to hear the case: though in the actual trial only 68 of them sat. Any 20 of these could form a quorum.
The charge against the king was:
“…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…
“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 bill was not universally supported. It was passed on a vote of 29 against 26 votes on 6 January 1649. The House of Lords rejected it. It was forced through, with the Lords being brushed aside and, over the next few days, those opposed to a trial being removed.
The trial commenced on 20 January 1649. Less than half of the commissioners participated. Charles was ultimately found guilty of treason, sentenced to death by beheading and executed outside the Banqueting Hall, Whitehall on 30 January 1649.
Note:
In the old Julian Calendar the New Year began on 25 March, so January 1649 in the modern Gregorian Calendar would have been counted as 1648 under the old calendar.
