John Bradshaw (judge)
John Bradshaw (15 July 1602 – 31 October 1659) was an English judge. He is most notable for his role President of the High Court of Justice for the trial of King Charles I and as the first Lord President of the Council of State of the English Commonwealth.
John Bradshaw (sometimes spelt Bradshawe) the second son of Henry Bradshaw and Catherine Winnington was born in 1602 probably at Wybersley (Wyberslegh) Hall in the village of High Lane near Stockport or possibly at the nearby Peace Farm, Marple (his father farmed at both) and baptized on 10 December in Stockport Church. As a child he attended the free school at Stockport, as well as schools in Bunbury, Cheshire, and Middleton. During his teenage years he also attended Macclesfield Grammar School (now The King's School in Macclesfield). According to local tradition he wrote the following inscription on a gravestone at either Macclesfield or Bunbury:
- "My brother Henry must heir the land,
- My brother Frank must be at his command;
- Whilst I, poor Jack, will do that
- That all the world will wonder at!"
He was articled as clerk to an attorney in Congleton. Almost opposite the town hall, the White Lion public house bears a blue plaque, placed by the Congleton Civic Society, which reads: "The White Lion, built 16-17th century. Said to have housed the attorney's office where John Bradshaw, regicide, served his articles."
After studying English law in London, he was called to the bar at Gray's Inn on 23 April 1627. He served on the provincial bar of Congleton until he became mayor in 1637. John Milton wrote highly of Bradshaw's aptitude during his public service, saying that "All his early life he was sedulously employed in making himself acquainted with the laws of the country; he then practiced with singular success and reputation at the bar."
At some time between 1640 and 1643, Bradshaw moved from Congleton to Basinghall Street in London. In 1643, he was elected judge of the London sheriff's court. He maintained the post until his death. Following the death of the Earl of Essex in 1646, Parliament voted Somerhill House to Bradshaw. He was appointed a serjeant-at-law by Parliament and in 1648 Chief Justice of Chester and North Wales.
Trial of the King
In 1649 he was made president of the parliamentary commission to try the king. Other lawyers of greater prominence had refused the position.
Bradshaw was a controversial choice as Lord President, and opinions of his efficiency as a judge varied. Bulstrode Whitelocke believed that he was "learned in his profession," but Thomas Fuller dismissed him as a man "of execrable memory, of whom nothing good is remembered." The King himself, as well as much of the court, professed to having never heard of him.
Bradshaw himself did not attend court until the third session after his appointment, apologizing on the grounds that he had been out of London and disavowed his ability to perform "so important a task." While he served as the Lord President, he was flanked by an impressive personal guard and carried a sword at his side. He wore scarlet robes and a "broad-brimmed, bullet-proof beaver hat, which he had covered over with velvet and lined it with steel and he also wore armour underneath his robes." King Charles refused to recognise the authority of the court and would not plead. After declaring Charles I guilty as a "Tyrant, Traitor, Murderer, and a public enemy," Bradshaw did not allow the king any final words. Under English law, a condemned prisoner was no longer alive and therefore did not have the right to speak, and Bradshaw followed this tradition strictly.
Commonwealth and Protectorate
On 12 March 1649 Bradshaw was elected President of the Council of State, which was to act as the Executive of the country's government in place of the King and the Privy Council. After wars in Scotland and Ireland the Long Parliament had still not dissolved itself or called for re-elections.On 30 April 1653, Oliver Cromwell declared Parliament and the Council dissolved and soon assumed rule as Lord Protector calling elections for a new Parliament himself.
Since 1 August 1649, Bradshaw had also held the post of Chancellor of the Duchy of Lancaster. After 1653, he served as commissioner of the Duchy, jointly with Thomas Fell, until mounting differences with Cromwell culminated in his resignation in 1654. Bradshaw, an ardent Republican, became an opponent of the Protectorate.
After Oliver Cromwell died in 1658, his son Richard succeeded him as Lord Protector and reinstated Bradshaw as Chancellor of the Duchy of Lancaster.
In 1659, Bradshaw moved to Westminster after falling dangerously ill.
In October 1659, various subordinate members of the army sabotaged General Lambert's and General Ludlow's support of the Long Parliament. Col. Morley, Major Grimes, and Col. Sydenham eventually gained their points, and placed guards both by land and water, to hinder the members of Parliament from approaching the House. During these disorders, the Council of State still assembled at the usual place and the "Lord President Bradshaw, who was present, though by long sickness very weak and much extenuated, yet animated by his ardent zeal and constant affection to the common cause, upon hearing Col Syndenham's justifications of the proceedings of the army in again disrupting parliament, stood up and interrupted him, declaring his abhorrence of that detestable action, and telling the council, that being now going to his God, he had not patience to sit there to hear his great name so openly blasphemed; and thereupon departed to his lodgings, and withdrew himself from public employment.". He died on 31 October of the same month. He was buried with great honours at Westminster Abbey. The eulogy was given by John Rowe. On his deathbed Bradshaw said that if called upon to try the King again he would be "the first man in England to do it".
Charles II was restored to his throne in 1660. On 30 January 1661 – the twelfth anniversary of the regicide – the bodies of Bradshaw, Cromwell and Henry Ireton were ordered to be exhumed and displayed in chains all day on the gallows at Tyburn. At sunset, the three bodies that had been displayed publicly as those of the three judges being executed posthumously were all beheaded. The bodies were thrown into a common pit and the heads displayed on pikes at Westminster Hall. Samuel Pepys wrote in his diary that he saw the heads there on 5 February.
Some sources claim that the body of John Bradshaw had previously removed by his son, James or John Bradshaw, who re-buried his father's remains on a hill near Martha's Brae on the island of Jamaica and marked the spot with a cannon. A location now known as "Gun Hill" is 2.5 miles SW of the northern port city of Falmouth, in Trelawny Parish, Jamaica. One of the three men had children who removed to Highland County, Virginia. James Bradshaw acquired the land in Jamaica where his father's remains were buried. Several sources recorded an inscription with the cannon found on Gun Hill, Jamaica, and associate the quote that Rebellion to tyrants is obedience to God to John Bradshaw.
While some political philosophers have defended Bradshaw, most legal authorities have taken the narrow legal view expressed in 1999 by Michael Kirby (then a Justice of the High Court of Australia) that the High Court of Justice for the trial of Charles I of which Bradshaw as president was illegal, however in his 2005 book The Tyrannicide Brief (a detailed biograph of John Cook, the prosecutor at the trial), Geoffrey Robertson Q.C. put forward the argument that while the court was illegal due to the political settlement reached at the Restoration of the monarchy in 1660, the trial anticipated the developments in humanitarian law in the second half of the 20th century, and that the leading participants in the trial are to be admired rather than condemned.
Bradshaw in popular culture
- "Bradshaw, John". The Oxford Dictionary of National Biography. VIII, 1921. The first edition of this text is available as an article on Wikisource: "Bradshaw, John (1602–1659)". Dictionary of National Biography. London: Smith, Elder & Co. 1885–1900.
- Esme W. Stratford, King Charles the Martyr, 1643–1649. Westport, CT: Greenwood P, 1975, p. 318–342.
- "CONGLETON" at thornber.net
- William L. Sachse, "England's "Black Tribunal": an Analysis of the Regicide Court", in: The Journal of British Studies 12 (1973), p. 69–85.
- Colbran, John (1840). Colbran's New Guide for Tunbridge Wells. Cornhill, London: A H Bailey & Co. p. 333.
- C. V. Wedgwood, A Coffin for King Charles. New York: The Macmillan Co., 1964, p. 183.
- Memoirs of Edmund Ludlow, Lieutenant-General of the Horse in the Army of the Commonwealth of England, 1625–1672, Edited with appendices of Letters and Illustrative Documents by C.H. Firth, M.A., in two volumes, Vol. II, Oxford, at the Clarendon Press, 1894, p. 140–141
- Bridges 1828, p. 446.
- Urban 1784, pp. 833–835.
- From WikiQuote for Rebellion
- Bowden & Davis 2008, pp. 57–60.
- "The trial of King Charles I was, by legal standards, a rather discreditable affair. The 'Court' had no legal authority. It was the creature of the power of the army." (Kirby)
- Robertson 2005.
- Robertson 2008.
- Devereux 2005.
- Bridges, George Wilson (1828). The Annals of Jamaica 2. J. Murray. p. 446.
- Bowden, Brett; Davis, Michael T. (2008). "Regicide and Tyrannicide". Terror: From Tyrannicide to Terrorism. University of Queensland Press. pp. 57–60. ISBN 978-0-7022-3599-3.
- Urban, Sylvanus, ed. (1784). Gentleman's Magazine and Historical Chronicle 54 (i). pp. 833–835.
- Kirby, Michael (22 January 1999). The trial of King Charles I – defining moment for our constitutional liberties. To the Anglo-Australasian Lawyers' association..
- Robertson, Geoffrey (2005). The tyrannicide brief: the story of the man who sent Charles I to the scaffold. Chatto & Windus/Vintage. ISBN 978-0-09-945919-4.
- Ludlow, Edmund (1894). C.H. Firth, M.A., ed. The Memoirs of Edmund Ludlow, Lieutenant-General of the Horse in the Army of the Commonwealth of England, 1625–1672 2. Clarendon Press. p. 141.
- Robertson, Geoffrey (October 2008). "Introduction to Kirby Project". Geoffrey Robertson Website. Retrieved February 2012.
- Devereux, Charlie (31 October 2005). "The tyrant's flaw: Geoffrey Robertson interviewed". openDemocracy. Retrieved February 2012.
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