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Following the Siege of Oxford, from which Charles escaped in April 1646. He put himself into the hands of the Scottish Presbyterian army at Newark, and was taken to nearby Southwell while his "hosts" decided what to do with him. The Presbyterians finally arrived at an agreement with Parliament and delivered Charles to them in 1647. He was imprisoned at Holdenby House in Northamptonshire, until cornet George Joyce took him by force to Newmarket in the name of the New Model Army. At this time mutual suspicion had developed between the New Model Army and Parliament, and Charles was eager to exploit it.

He was then transferred first to Oatlands and then to Hampton Court, where more involved but fruitless negotiations took place. He was persuaded that it would be in his best interests to escape - perhaps abroad, perhaps to France, or perhaps to the custody of Colonel Robert Hammond, Parliamentary Governor of the Isle of Wight. He decided on the last course, believing Hammond to be sympathetic, and fled on 11 November. Hammond, however, was opposed to Charles, whom he confined in Carisbrooke Castle.

From Carisbrooke, Charles continued to try to bargain with the various parties, eventually coming to terms with the Scottish Presbyterians that he would allow the establishment of Presbyterianism in England as well as Scotland for a trial period. The Royalists rose in July 1648 igniting the Second Civil War, and as agreed with Charles the Scots invaded England. Most of the uprisings in England were put down by forces loyal to Parliament after little more than skirmishes, but uprisings in Kent, Essex and Cumberland, the rebellion in Wales and the Scottish invasion involved the fighting of pitched battles and prolonged sieges. But with the defeat of the Scots at the Battle of Preston, the Royalists lost any chance of winning the war.

Charles was moved to Hurst Castle at the end of 1648, and there after to Windsor Castle. In January 1649, in response to Charles's defiance of Parliament even after defeat, and his encouraging the second Civil War while in captivity, the House of Commons passed an Act of Parliament creating a court for Charles's trial. After the first Civil War, the parliamentarians accepted the premise that the King, although wrong, had been able to justify his fight, and that he would still be entitled to limited powers as King under a new constitutional settlement. It was now felt that by provoking the second Civil War even while defeated and in captivity, Charles showed himself incorrigible, dishonourable, and responsible for unjustifiable bloodshed.

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