The History of England, from the Accession of James II — Volume 2Macaulay, Thomas Babington Macaulay, Baron
History
The History of England, from the Accession of James II — Volume 2
Macaulay, Thomas Babington Macaulay, Baron
Great Britain -- History -- James II, 1685-1688; Great Britain -- History -- William and Mary, 1689-1702
It was peculiarly important to secure the cooperation of two courts;
the court of King's Bench, which was the first criminal tribunal in the
realm, and the court of gaol delivery which sate at the Old Bailey, and
which had jurisdiction over offences committed in the capital. In both
these courts there were great difficulties. Herbert, Chief Justice of
the King's Bench, servile as he had hitherto been, would go no further.
Resistance still more sturdy was to be expected from Sir John Holt, who,
as Recorder of the City of London, occupied the bench at the Old Bailey.
Holt was an eminently learned and clear headed lawyer: he was an
upright and courageous man; and, though he had never been factious,
his political opinions had a tinge of Whiggism. All obstacles,
however, disappeared before the royal will. Holt was turned out of the
recordership. Herbert and another Judge were removed from the King's
Bench; and the vacant places were filled by persons in whom the
government could confide. It was indeed necessary to go very low down
in the legal profession before men could be found willing to render such
services as were now required. The new Chief justice, Sir Robert Wright,
was ignorant to a proverb; yet ignorance was not his worst fault. His
vices had ruined him. He had resorted to infamous ways of raising money,
and had, on one occasion, made a false affidavit in order to obtain
possession of five hundred pounds. Poor, dissolute, and shameless,
he had become one of the parasites of Jeffreys, who promoted him and
insulted him. Such was the man who was now selected by James to be
Lord Chief justice of England. One Richard Allibone, who was even more
ignorant of the law than Wright, and who, as a Roman Catholic, was
incapable of holding office, was appointed a puisne judge of the King's
Bench. Sir Bartholomew Shower, equally notorious as a servile Tory and
a tedious orator, became Recorder of London. When these changes had been
made, several deserters were brought to trial. They were convicted
in the face of the letter and of the spirit of the law. Some received
sentence of death at the bar of the King's Bench, some at the Old
Bailey. They were hanged in sight of the regiments to which they had
belonged; and care was taken that the executions should be announced in
the London Gazette, which very seldom noticed such events. [282]
Public-domain text, read in full here on John Shaqi.
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