To Live and Love In Exciting Times

After the First English Civil War, King Charles I was a prisoner of the Parliamentarians. They tried to negotiate a compromise with him, but he stuck steadfastly to his view that he was King by Divine Right and attempted in secret to raise an army to fight against them. When it became obvious to the leaders of the Parliamentarians that they could not negotiate a settlement with him and they could not trust him to refrain from raising an army against them, they reluctantly came to the conclusion that they would have to kill him. On 13 December 1648, the House of Commons broke off negotiations with the King. Two days later, the Council of Officers of the New Model Army voted that the King be moved from the Isle of Wight, where he was prisoner, to Windsor "in order to the bringing of him speedily to justice". In the middle of December, the King was moved from Windsor to London. The House of Commons of the Rump Parliament passed a Bill setting up a High Court of Justice in order to try Charles I for high treason in the name of the people of England. From a Royalist and post-restoration perspective this Bill was not lawful, since the House of Lords refused to pass it and it failed to receive Royal Assent. However, the Parliamentary leaders and the Army pressed on with the trial anyway.

At his trial in front of The High Court of Justice on Saturday 20 January 1649 in Westminster Hall, Charles asked "would know by what power I am called hither. I would know by what authority, I mean lawful [authority]". In view of the historic issues involved, both sides based themselves on surprisingly technical legal grounds. Charles did not dispute that Parliament as a whole did have some judicial powers, but he maintained that the House of Commons on its own could not try anybody, and so he refused to plead. At that time under English law if a prisoner refused to plead then this was treated as a plea of guilty. (This has since been changed; a refusal to plead now is interpreted as a not-guilty plea.)

He was found guilty on Saturday 27 January 1649, and his death warrant was signed by 59 Commissioners. To show their agreement with the sentence of death, all of the Commissioners who were present rose to their feet.

On the day of his execution, 30 January 1649, Charles dressed in two shirts so that he would not shiver from the cold, in case it was said that he was shivering from fear. His execution was delayed by several hours so that the House of Commons could pass an emergency bill to make it an offence to proclaim a new King, and to declare the representatives of the people, the House of Commons, as the source of all just power. Charles was then escorted through the Banqueting House in the Palace of Whitehall to a scaffold. He forgave those who had passed sentence on him and gave instructions to his enemies that they should learn to "know their duty to God, the King - that is, my successors - and the people". He then gave a brief speech outlining his unchanged views of the relationship between the monarchy and the monarch's subjects, ending with the words "I am the martyr of the people". His head was severed from his body with one blow, and a groan went up from the crowd that witnessed the execution.

One week later, the Rump, sitting in the House of Commons, passed a bill abolishing the monarchy. Ardent Royalists refused to accept it on the basis that there could never be a vacancy of the Crown. Others refused because, as the bill had not passed the House of Lords and did not have Royal Assent, it could not become an Act of Parliament.

-http://en.wikipedia.org/wiki/Regicide