King Charles was taken to Hurst Castle on the 17th of December, and three days later carried to Windsor. On the 2d of January, 1649, the Commons voted that in making war against the Parliament the king had been guilty of treason, and should be tried by a court of a hundred and fifty commissioners. The Peers rejected the bill, and the Commons then voted that neither the assent of the Peers nor the king was necessary for a law passed by themselves.

All the encroachments of King Charles together were as nothing to this usurpation of despotic power.

In consequence of the conduct of the Peers, the number of commissioners was reduced to a hundred and thirty-five; but of these only sixty-nine assembled at the trial. Thus the court which was to try the king consisted only of those who were already pledged to destroy him. Before such a court as this there could be but one end to the trial. When, after deciding upon their sentence, the king was brought in to hear it, the chief commissioner told him that the charges were brought against him in the name of the people of England, when Lady Fairfax from the gallery cried out, "It's a lie! Not one-half of them." Had she said not one hundredth of them, she would have been within the mark.