State Trials, Political and Social. Volume 1 (of 2)
History
State Trials, Political and Social. Volume 1 (of 2)
Trials -- Great Britain
The following report was first published 'by Authority, to prevent false
and impertinent relations.' It was licensed by Gilbert Mabbot, and, so
far as one can judge from internal evidence, is rather the slightly
amplified transcript of a barrister's note, than the work of anybody who
in those days might represent a modern newspaper reporter. The whole is
carelessly put together, as far as form is concerned; the grammar is
often halting, and the sentences are not always finished. But I should
suppose that all the arguments used on either side are fairly indicated,
except in those places where it is suggested in a note that 'authority'
made excisions. If such excisions were made, however, the fact that the
gaps were left in their present state is evidence of the substantial
accuracy and fairness of the rest of the report. Taking a purely legal
view of the matter, which no one will pretend covers the whole, or
indeed the most important part of the case, one does not see why, if
Bradshaw left in as much as he did, he should not have left in
everything. From the point of view of defending counsel, Charles had an
unanswerable case, and he was enough of a lawyer to make the most of it.
Bradshaw, on the other hand, seems, to me at least, to have played his
part not badly. Considering all things, I do not myself see that his
behaviour to Charles was unnecessarily harsh. If you have made up your
mind to cut off a man's head, and if you are aware that your position as
a judge is a false one, you are bound to assert your authority without
much regard to prisoners' feelings, or even good manners. I am not in a
position to discuss what effect the essential illegality of the trial,
from a formal point of view, produced on contemporary and subsequent
opinion; but I think it may safely be said that the trial presents the
most striking example to be found in English history of the view held in
this country of the authority of the law. I have only to add that in
this trial I have reproduced the original report exactly as I found it.
On Saturday, being the 20th day of January 1649, the Lord
President of the High Court of Justice,[20] with near fourscore
of the members of the said Court, having sixteen gentlemen with
partizans, and a sword, and a mace, with their and other
officers of the said Court, marching before them, came to the
place ordered to be prepared for their sitting at the west-end
of the great Hall at Westminster; where the Lord President, in a
crimson velvet chair, fixed in the midst of the Court, placed
himself, having a desk with a crimson-velvet cushion before him;
the rest of the members placing themselves on each side of him
upon several seats, or benches, prepared and hung with scarlet
for that purpose; and the partizans dividing themselves on each
side of the court before them.
Public-domain text, read in full here on John Shaqi.
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