Declaration of Lex Talionis

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Early in the

Royalists tried and executed John Lilburne and two other Parliamentary offices for treason. Lilburne later described this as the declaration of Lex Talionis,[a] and it brought about a practical—rather than moral—mutual restraint by the parties to the war on how they treated prisoners of war.[1]

History

Early in the English Civil War, John Lilburne, a prominent supporter of the Parliamentary cause who because of his radical views was known as "Free Born John", was captured by the Royalists during the Battle of Brentford while serving as a captain in the Parliamentary army. Moves were taken to try him and two other prisoners of war (Clifton Catesby and Robert Vivers[2]), in the civil court of the Kings Bench as traitors. Elizabeth, Lilburne's wife, appealed to Parliament and on 17 December 1642 Parliament stated that it would hold the Judge and officials of the court responsible for the treatment of the three men, and if they were tried and punished would retaliate in kind against Royalist prisoners of war. This lifted the threat to the men and in May 1643 Lilburne was exchanged for Royalist prisoners of war.[1][3]

Thanks to the declaration of Lex Talionis, in England during the war Royalist prisoners of war were not tried and executed as traitors, but the Parliamentary side were well aware of what could happen if they lost the war, as Edward Montagu, 2nd Earl of Manchester a Parliamentary general said "We may beat the king 99 times, and yet he will be king still. If he beats us but once, we shall be hanged".[4]

At the end of the First Civil War the Parliamentarians allowed English Royalists to return to their homes paroled on terms that they would not take up arms against Parliament again.

After the

high treason, as a "tyrant, traitor, murderer and public enemy".[6][7] He was beheaded on a scaffold in front of the Banqueting House of the Palace of Whitehall
on 30 January 1649.

Irish Catholics were an exception

Main article: Ordinance of no quarter to the Irish

Parliament did not consider this restraint as binding on their treatment of any Irish Catholics who might cross the

Confederation of Kilkenny would send an army to assist Charles I. The terms of the ordinance as the name suggests decree that no quarter
should be given on the capture of any Irish Catholics found fighting for the Royalists in England or Wales (Scotland was another realm and under a different jurisdiction).

Notes

  1. lex talionis
    "an eye for an eye, a tooth for a tooth".
  1. ^
    ISBN 978-0-19-928518-1 p. 131
  2. ^ Neal 1837, p. 173 footnote cites Rushworth vol. 5 pp, 83,93.
  3. doi:10.1093/ref:odnb/16654. (Subscription or UK public library membership
    required.)
  4. ISBN 978-0-521-62511-1. p. 40
  5. ^ a b Encyclopædia Britannica Eleventh Edition article GREAT REBELLION; 49. Preston Fight
  6. English Historical Review
    2003, Volume 118, Number 477 Pp. 583-616
  7. ^ Kirb, Michael The trial of King Charles I – defining moment for our constitutional liberties speech to the Anglo-Australasian Lawers' association, on 22 January 1999.

References

  • Neal, Daniel (1837). Toulmin, Joshua (ed.). The history of the Puritans or Protestant non-conformists. repr. from dr. Toulmin's ed. p. 173 (footnote).

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