God's Fury, England's Fire_ A New History of the English Civil Wars - Michael J. Braddick [339]
Providence, like the will of the people but for different reasons, was an unreliable guide for the detail of political life. In the aftermath of the second civil war there was undoubtedly a righteous anger about the King’s actions, a belief that he was a ‘man of blood’ who might now face Old Testament justice.48 This made a relatively easy bedfellow with ecstatic revelation, so that the trial of the King might reflect the culmination of a strand of millenarian speculation evident from early in the crisis. Trial and even regicide, in other words, might be a remote descendant of the Reformation politics of the Prayer Book rebellion. But the power of these views made contemporaries take them seriously, though they regarded them with caution too. Moreover, to modern eyes at least, they were not the natural partner of the more secular, contractarian thinking of the Agreement of the People, which underpinned the political legitimacy of the purge and trial. Those arguments seem to belong more to the world of the Enlightenment. Indeed the Agreement was to be literally a social contract, actually taken by members of the political community prior to their admission – a kind of secularized covenant.
Despite the certainty implied by the purge there had been subsequent indecision: the need for legitimacy was in tension with pressure, within the army and honest radical circles, for justice on the King, and a settlement which reflected the will of God. There were a variety of arguments in favour of trial, and for regicide, and a similar range of reasons for opposing, or failing to oppose, each of these things.49 By the end of December, however, a trial had been settled upon. Just before Christmas the army published an indictment of the King and called for his trial. This triggered a debate in Parliament about whether the King would stand trial for his life. Cromwell, a strong believer in providence, was not clear: ‘If any man whatsoever had carried on this design of deposing the King, and disinheriting his posterity or if any man had yet such a design, he should be the greatest traitor and rebel in the world. But since the Providence of God hath cast this upon us, I cannot but submit to Providence, though I am not yet provided to give you my advice’. In the meantime Charles was brought to Windsor under heavy guard. On 28 December the Commons approved charges against the King which more or less echoed those of the army a few days earlier.50
From the start, the trial was as much about political legitimacy as about the King’s crimes. On 4 January the Commons declared ‘That the people are, under God, the original of all just power: that the Commons of England, in Parliament assembled, being chosen by and representing the people, have the supreme power in this nation; that whatsoever is enacted or declared for law by the Commons in Parliament assembled, hath the force of law, and all the people of this nation are concluded thereby, although the consent and concurrence of King or House of Peers be not had thereunto’. Three days earlier an ordinance establishing a High Court of Justice had been sent to the Lords, which rejected it; this declaration of popular sovereignty, represented in the Commons, was to be the political basis of the trial of the King, and of the new political order.51
On 6 January the House of Commons passed an Act without