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In January 1649, after years of civil war, King Charles I stood trial in a specially convened English court on charges of treason, murder, and other high crimes against his people. Not only did the revolutionary tribunal find him guilty and order his death, but its masters then abolished monarchy itself and embarked on a bold (though short-lived) republican experiment. The event was a landmark in legal history. The trial and execution of King Charles marked a watershed in English politics and political theory and thus also affected subsequent developments in those parts of the world colonized by the British. This book presents a selection of contemporaries’ accounts of the king’s trial and their reactions to it, as well as a report of the trial of the king’s own judges once the wheel of fortune turned and monarchy was restored. It uses the words of people directly involved to offer insight into the causes and consequences of these momentous events.
One of the iconic moments in English history, the trial and execution of King Charles I has yet to be studied in-depth from a contemporary legal perspective. Professor Ian Ward brings his considerable legal and historical acumen to bear on the particular constitutional issues raised by the regicide of Charles, and not only analyses the unfolding of events and their immediate historical context, but also draws out their wider importance and legacy for the generations of historians, politicians, and writers over the ensuing three and a half centuries. This is a book about constitutional history and thought, but also about the writing of constitutional history and thought and the forms they have taken -whether as scholarship, polemics, or literary experiments - in collective British memory. Chapters range from the events leading up to and through the trial and execution of Charles; to their theatricality, legality, and constitutionality; to the political writings such as Milton's Tenure of Kings and Hobbes' Leviathan that followed; and finally trace the various subsequent histories and trials of Charles I that presented him either as martyr, Tory or -- in the 18th and 19th centuries -- the Whig.
Eyewitness accounts of the trial and execution of Charles I portray a revolutionary moment in English history
"This is a formidable and well-documented counterblast to a developing modern orthodoxy, expressing a point of view that many readers will not even have suspected existed, let alone read."--Anthony Daniels, Spectator "A useful and controversial contribution to the debate about victor's justice, and a valuable warning that international war crimes tribunals need to operate with precision and care."--Jonathan Steele, Guardian The rapid development of the use of international courts and tribunals to try heads of state for genocide and other crimes against humanity has been welcomed by most people, because they think that the establishment of international tribunals and courts to try notorious dictators represents a triumph of law over impunity. In A History of Political Trials, John Laughland takes a very different and controversial view, namely that political trials are inherently against the rule of law and almost always involve the abuse of process, as well as being seriously hypocritical. By means of detailed consideration of the trials of figures as disparate as Charles I, Louis XVI, Erich Honecker and Saddam Hussein, Laughland shows that the guilt of the accused has always been assumed in advance, that the judges are never impartial, that the process is always unfair and biased in favor of the prosecution, that the defense is not permitted to use all the arguments at its disposal, and that often the accusers have done exactly what they accuse the defence of having done. All the trials he recounts were marked by arbitrariness and injustice, often gross injustice. Although the chapters are short and easy to read, they are the fruit of formidable erudition and wide reading. The general reader will be forced by this book to re-examine the ideas on this subject, and will be much less sanguine about the possibility of bringing dictators and other leaders to genuine justice. John Laughland lives in Bath and is an author, journalist, and has been a university lecturer in France. He has published The Tainted Source: The Undemocratic Origins of the European Idea (Time Warner Paperbacks) and has written for the Spectator, he Economist, and The New York Times . Table of Contents Introduction The Trial of Charles I and the Last Judgement The Trial of Louis XVI and the Terror War Guilt after World War I Defeat in the Dock: the Riom Trial Justice as Purge: Marshal Peacute;tain faces his Accusers Treachery on Trial: the Case of Vidkun Quisling Nuremberg : Making War Illegal Creating Legitimacy: the Trial of Marshal Antonescu Ethnic Cleansing and National Cleansing in Czechoslovakia, 19451947 Peoplers"s Justice in Liberated Hungary From Mass Execution to Amnesty and Pardon: Postwar Trials in Bulgaria, Finland, and Greece Politics as Conspiracy: the Tokyo Trials The Greek Colonels, the Emperor Bokassa, and the Argentine Generals: Transitional Justice, 19752007 Revolution Returns: the Trial of Nicolae Ceausescu A State on Trial: Erich Honecker in Moabit Jean Kambanda, Convicted without Trial Kosovo and the New World Order: the Trial of Slobodan Miloscaron;evic Regime Change and the Trial of Saddam Hussein Conclusion Notes Bibliography and Further Reading Index
The trial and execution of Charles I shocked all Europe. On 20 November 1648 the Puritan army - Cromwell's army - demanded before the House of Commons that the king be brought to trial. Just over two months later on 30 January 1649, he was beheaded. In her acclaimed account C.V. Wedgood recreates the exciting events of those ten weeks, bringing vividly before us the main actors in this tragic drama: the calm and lonely Charles I and the daunting, iron-willed Cromwell.
The modern use of international tribunals to try heads of state for genocide and crimes against humanity is often considered a positive development. In A History of Political Trials, John Laughland shows that trials of heads of state are in fact not new, and that previous trials throughout history have themselves violated the law and due process.
When the British monarchy was restored in 1660, King Charles II was faced with the conundrum of what to with those who had been involved in the execution of his father eleven years earlier. Facing a grisly fate at the gallows, some of the men who had signed Charles I's death warrant fled to America. Charles I's Killers in America traces the gripping story of two of these men-Edward Whalley and William Goffe-and their lives in America, from their welcome in New England until their deaths there. With fascinating insights into the governance of the American colonies in the seventeenth century, and how a network of colonists protected the regicides, Matthew Jenkinson overturns the enduring theory that Charles II unrelentingly sought revenge for the murder of his father. Charles I's Killers in America also illuminates the regicides' afterlives, with conclusions that have far-reaching implications for our understanding of Anglo-American political and cultural relations. Novels, histories, poems, plays, paintings, and illustrations featuring the fugitives were created against the backdrop of America's revolutionary strides towards independence and its forging of a distinctive national identity. The history of the 'king-killers' was distorted and embellished as they were presented as folk heroes and early champions of liberty, protected by proto-revolutionaries fighting against English tyranny. Jenkinson rewrites this once-ubiquitous and misleading historical orthodoxy, to reveal a far more subtle and compelling picture of the regicides on the run.