Can Monarchs Commit Crimes? (1648 to 1649)

Summary

The script recounts the historic trial of King Charles I of England in 1649, which questioned the source of political legitimacy—whether it stemmed from the people (popular sovereignty) or from God (divine right). The trial followed the English Civil War, which saw Charles fight against Parliament to preserve his power, leading to widespread unrest and bloodshed. With Charles captured and the army radicalized, the newly formed High Court of Justice charged the king with tyranny, treason, and murder, marking a pivotal moment in the struggle between monarchy and emerging democratic principles.

Takeaways

• 👑 The trial of King Charles I in 1649 was a pivotal moment in history, introducing the legal doctrine of Popular Sovereignty, which challenged the Divine Right of kings.
• ⚔️ The English Civil War arose from the conflict between King Charles I and Parliament, driven by Charles's belief in his divine right to rule and his refusal to work with Parliament.
• 📜 The King’s refusal to consult Parliament for 11 years, his creative methods of raising taxes, and the resulting Scottish rebellion forced him to turn to Parliament for military aid.
• 🔥 Parliament responded to the King's request by curbing his power, outlawing his revenue methods, and charging his allies with treason, leading to further conflict.
• 📣 The King's escape and attempts to instigate a second civil war, including appealing to Scotland to invade England, radicalized the English populace and deepened the divide between the King and Parliament.
• 🚫 The House of Commons split into Moderates, who wanted to restore the King with limited power, and Independents, who sought radical reforms, including giving voting rights to the poor.
• 🗡️ The Army was similarly divided, with Fairfax leading the Moderates and Cromwell gradually shifting to the Independents, especially after the King’s attempt to ally with the Scots.
• 🔒 The Army, led by radical figures like Ireton, eventually took control of the situation by arresting Moderates and purging Parliament, leading to the creation of the 'Rump Parliament.'
• ⚖️ The trial of King Charles I was unprecedented; charges of tyranny, treason, and murder were brought against him for his role in the Civil War and his betrayal of England.
• 🏛️ Despite legal and philosophical debates about whether a king could be charged with treason, the Rump Parliament moved forward, leading to Charles's execution, marking a profound shift in political power.

Q & A

What was the key legal doctrine established by the trial of King Charles I?

The trial of King Charles I helped establish the legal doctrine of Popular Sovereignty, the idea that political legitimacy comes from the people rather than from God through the monarchy.

What was the opposing doctrine to Popular Sovereignty that King Charles I believed in?

King Charles I believed in the doctrine of Divine Right, which argued that political legitimacy emanated from God and was manifested through the monarchy.

What event triggered the English Civil War?

The English Civil War was triggered when King Charles I ordered the arrest of five radical Members of Parliament after they tried to take control of the military from him.

Why did King Charles I's actions after the first English Civil War anger the people of England?

King Charles I angered the people of England by convincing a Scottish army to invade England, after the nation had already suffered heavy casualties in the first Civil War, which felt like a betrayal.

What were the two main factions within the House of Commons during the Civil War, and what did they want?

The two main factions were the Moderates, who wanted to reduce the King's power and restore him to the throne with some religious reforms, and the Independents, who wanted more radical political changes, including the right to vote for the poor.

What role did Oliver Cromwell play in the trial and events leading up to it?

Oliver Cromwell initially favored moderate reforms but became increasingly radical after the Scottish invasion. He eventually sided with the Independents and supported the trial of King Charles I, becoming a key leader during the trial.

What was Pride’s Purge, and why was it significant?

Pride's Purge was the event in which Colonel Thomas Pride and his soldiers prevented Moderate members of the House of Commons from entering, arresting 45 members and expelling over 200. This marked a coup d'etat and allowed the more radical Independents to control the government.

How did the tribunal address the legal concerns that a King could not be charged with treason?

There was debate within the tribunal over whether a King could be charged with treason, as the legal definition involved violence against the King. However, the tribunal ultimately pushed forward with the trial, charging Charles with tyranny, treason, and murder.

Why did the Rump Parliament declare that all legitimate political power flowed from the people?

The Rump Parliament declared that all legitimate political power flowed from the people as part of their effort to bypass the House of Lords and justify their authority to establish the High Court of Justice and put the King on trial.

What fundamental questions about monarchy and political legitimacy were raised by the trial of King Charles I?

The trial raised fundamental questions such as whether a King could commit treason against his own kingdom, where political legitimacy comes from, and if a King could still be considered legitimate if the people rejected him.