Declaration of Lex Talionis facts for kids

During the early days of the First English Civil War, a big problem came up. The Long Parliament (which was like the government for one side) made a strong promise. They said if the Royalists (the other side) harmed John Lilburne or two other captured leaders, they would do the same to Royalist prisoners. John Lilburne later called this the declaration of Lex Talionis. This idea helped both sides treat war prisoners more fairly. It wasn't about being kind, but about making sure their own captured soldiers were safe.

How it Started

Early in the English Civil War, a brave soldier named John Lilburne was captured. He was a strong supporter of the Parliamentary side. People even called him "Free Born John" because of his bold ideas.

Lilburne was a captain in the army. He was caught by the Royalists during the Battle of Brentford in 1642. The Royalists planned to put him and two other prisoners on trial. They wanted to charge them with being "traitors" to the King.

Parliament Steps In

Lilburne's wife, Elizabeth, asked Parliament for help. On December 17, 1642, Parliament made a big statement. They warned the judges and officials that they would be held responsible. If Lilburne and the others were harmed, Parliament would do the same to Royalist prisoners.

This strong warning worked. The threat to Lilburne and his friends was lifted. In May 1643, Lilburne was set free. He was exchanged for some Royalist prisoners.

Fair Treatment for Prisoners

Because of this "Lex Talionis" rule, things changed. During the war in England, Royalist prisoners were not put on trial and executed. Both sides knew that if they treated prisoners badly, their own soldiers might suffer the same fate.

A Parliament general, Edward Montagu, 2nd Earl of Manchester, once said something important. He explained that Parliament could win many battles. But if the King won just once, they could all be in big trouble. This shows how serious the war was.

At the end of the First Civil War, Parliament was quite fair. English Royalists were allowed to go home. They promised not to fight against Parliament again.

After the Second War

After the Second English Civil War, things were different. Parliament was not as forgiving. They decided to execute some important Royalist leaders.

Leaders Who Were Executed

Right after the city of Colchester surrendered, two leaders were shot. They were Sir Charles Lucas and Sir George Lisle.

Other Royalist commanders from Wales were also sentenced to death. These included Major-General Rowland Laugharne, Colonel John Poyer, and Colonel Rice Powell. Only Poyer was executed. He was chosen by drawing lots on April 25, 1649.

Five important Royalist noblemen were also captured. Three of them were put to death in London. These were the Duke of Hamilton, the Earl of Holland, and Lord Capel. Lord Capel was known as a good person.

The King's Trial

The most shocking event was the trial of King Charles I. After much debate, leaders of the New Model Army and other groups took action. They removed members of Parliament who disagreed with them. This was called "Pride's Purge".

Then, they created a special court. This was the High Court of Justice. Its job was to try King Charles I. The King was found guilty of "high treason." The judges called him a "tyrant, traitor, murderer, and public enemy."

King Charles I was put to death on January 30, 1649. He was beheaded in front of the Banqueting House in London.

Irish Catholics were an Exception

The rule of "Lex Talionis" did not apply to everyone. Parliament did not feel bound to treat Irish Catholics the same way. This was especially true if Irish Catholics came to fight in England.

In 1644, Parliament passed a special law. It was called the Ordinance of no quarter to the Irish. This happened when it seemed possible that an army from the Confederation of Kilkenny would help King Charles I.

The law meant that no mercy should be given to Irish Catholics. If they were found fighting for the Royalists in England or Wales, they would be killed. Scotland was a different country, so it had its own rules.