John Cook (regicide)
Encyclopedia
John Cook was the first Solicitor General
of the English Commonwealth
and led the prosecution
of Charles I
. Following the English Restoration, Cook was convicted of regicide and hanged, drawn and quartered
on 16 October 1660.
farmers Isaac and Elizabeth Cook whose farm was just outside Burbage
. He was baptised on 18 September 1608 in the All Saints church in Husbands Bosworth
and educated at Wadham College, Oxford
, and at Gray's Inn
. Cook and his wife Frances had a son (name unknown) and a daughter, Freelove, who was still a baby in 1660 when Cook was executed. Prior to his appointment as prosecutor, he had established a reputation as a radical lawyer and an Independent
.
In a 2005 biography of Cook, Geoffrey Robertson
argued that Cook was a highly original and progressive lawyer: while representing John Lilburne he established the right to silence
and was the first to advocate many radical reforms in law, including the cab-rank rule of advocacy, the abolition of imprisonment for debt, courtroom Latin, fusion of law and equity and restrictions on the use of the death penalty. Cook was among the first to argue that poverty was a cause of crime and to urge probation for those who stole to feed starving families; he originated the duty to act free of charge for those who could not afford it. Although he was not fundamentally anti-monarchist, he was forced to this stance when Charles refused to recognise the legality of the court or answer the charges of tyranny
against him. Robertson writes that Cook bravely accepted his fate at the Restoration when many others compromised with the new regime.
The idea of trying a king was a novel one; previous monarchs had been deposed, but had never been brought to trial as monarchs. The High Court of Justice
established by the Act consisted of 135 Commissioners (all firm Parliamentarians
); the prosecution
was led by Cook.
His trial on charges of high treason and other high crimes began on 20 January 1649, but Charles refused to enter a plea, claiming that no court had jurisdiction over a monarch. When Cook began to read the indictment
, Charles I twice tried to stop him by ordering him to "Hold" and twice tapping him sharply on the shoulder with his cane. Cook ignored this so Charles then rose to speak, but Cook resumed speaking, at which point Charles struck Cooke so forcefully on the shoulder that the ornate silver tip of the cane broke off and rolled onto the floor. Charles nodded to Cook to pick it up, but Cook stood his ground and after a long pause, Charles stooped to retrieve it himself. This is considered an important historical moment that was seen as symbolizing the divine monarch bowing before human law.
As a regicide
, Cooke was exempted after the Restoration of Charles II
from the Indemnity and Oblivion Act
which indemnified most opponents of the Monarchy for crimes they might have committed during the Civil War and Interregnum (1642–1660). John Cook was tried and found guilty of high treason
for his part in the trial of Charles I. He was hanged, drawn and quartered with the radical preacher Hugh Peters
and another of the regicides on 16 October 1660. Shortly before his death, Cook wrote to his wife:
The journalist, historian and anti-Corn Law propagandist William Cooke Taylor
(1800–1849) claimed descent from Cook.
Solicitor General for England and Wales
Her Majesty's Solicitor General for England and Wales, often known as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law...
of the English Commonwealth
Commonwealth of England
The Commonwealth of England was the republic which ruled first England, and then Ireland and Scotland from 1649 to 1660. Between 1653–1659 it was known as the Commonwealth of England, Scotland and Ireland...
and led the prosecution
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
of Charles I
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
. Following the English Restoration, Cook was convicted of regicide and hanged, drawn and quartered
Hanged, drawn and quartered
To be hanged, drawn and quartered was from 1351 a penalty in England for men convicted of high treason, although the ritual was first recorded during the reigns of King Henry III and his successor, Edward I...
on 16 October 1660.
Biography
John Cook was the son of LeicestershireLeicestershire
Leicestershire is a landlocked county in the English Midlands. It takes its name from the heavily populated City of Leicester, traditionally its administrative centre, although the City of Leicester unitary authority is today administered separately from the rest of Leicestershire...
farmers Isaac and Elizabeth Cook whose farm was just outside Burbage
Burbage, Leicestershire
Burbage is a civil parish in Leicestershire, England. It is a southern suburb of the town of Hinckley. According to the United Kingdom Census 2001 the parish had a population of 14,324.-History:...
. He was baptised on 18 September 1608 in the All Saints church in Husbands Bosworth
Husbands Bosworth
Husbands Bosworth is a large crossroads village in South Leicestershire on the A5199 road from Leicester city to Northampton and the A4304 road from Junction 20 of the M1 motorway to Market Harborough....
and educated at Wadham College, Oxford
Wadham College, Oxford
Wadham College is one of the constituent colleges of the University of Oxford in the United Kingdom, located at the southern end of Parks Road in central Oxford. It was founded by Nicholas and Dorothy Wadham, wealthy Somerset landowners, during the reign of King James I...
, and at Gray's Inn
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
. Cook and his wife Frances had a son (name unknown) and a daughter, Freelove, who was still a baby in 1660 when Cook was executed. Prior to his appointment as prosecutor, he had established a reputation as a radical lawyer and an Independent
Independent (religion)
In English church history, Independents advocated local congregational control of religious and church matters, without any wider geographical hierarchy, either ecclesiastical or political...
.
In a 2005 biography of Cook, Geoffrey Robertson
Geoffrey Robertson
Geoffrey Ronald Robertson QC is an Australian-born human rights lawyer, academic, author and broadcaster. He holds dual Australian and British citizenship....
argued that Cook was a highly original and progressive lawyer: while representing John Lilburne he established the right to silence
Right to silence
The right to remain silent is a legal right of any person. This right is recognized, explicitly or by convention, in many of the world's legal systems....
and was the first to advocate many radical reforms in law, including the cab-rank rule of advocacy, the abolition of imprisonment for debt, courtroom Latin, fusion of law and equity and restrictions on the use of the death penalty. Cook was among the first to argue that poverty was a cause of crime and to urge probation for those who stole to feed starving families; he originated the duty to act free of charge for those who could not afford it. Although he was not fundamentally anti-monarchist, he was forced to this stance when Charles refused to recognise the legality of the court or answer the charges of tyranny
Tyrant
A tyrant was originally one who illegally seized and controlled a governmental power in a polis. Tyrants were a group of individuals who took over many Greek poleis during the uprising of the middle classes in the sixth and seventh centuries BC, ousting the aristocratic governments.Plato and...
against him. Robertson writes that Cook bravely accepted his fate at the Restoration when many others compromised with the new regime.
The idea of trying a king was a novel one; previous monarchs had been deposed, but had never been brought to trial as monarchs. The High Court of Justice
High Court of Justice for the trial of Charles I
The High Court of Justice is the name given to the court established by the Rump Parliament to try King Charles I of England. This was an ad hoc tribunal created specifically for the purpose of trying the king, although the same name was used again for subsequent courts.Neither the involvement of...
established by the Act consisted of 135 Commissioners (all firm Parliamentarians
Roundhead
"Roundhead" was the nickname given to the supporters of the Parliament during the English Civil War. Also known as Parliamentarians, they fought against King Charles I and his supporters, the Cavaliers , who claimed absolute power and the divine right of kings...
); the prosecution
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
was led by Cook.
His trial on charges of high treason and other high crimes began on 20 January 1649, but Charles refused to enter a plea, claiming that no court had jurisdiction over a monarch. When Cook began to read the indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
, Charles I twice tried to stop him by ordering him to "Hold" and twice tapping him sharply on the shoulder with his cane. Cook ignored this so Charles then rose to speak, but Cook resumed speaking, at which point Charles struck Cooke so forcefully on the shoulder that the ornate silver tip of the cane broke off and rolled onto the floor. Charles nodded to Cook to pick it up, but Cook stood his ground and after a long pause, Charles stooped to retrieve it himself. This is considered an important historical moment that was seen as symbolizing the divine monarch bowing before human law.
As a regicide
Regicide
The broad definition of regicide is the deliberate killing of a monarch, or the person responsible for the killing of a monarch. In a narrower sense, in the British tradition, it refers to the judicial execution of a king after a trial...
, Cooke was exempted after the Restoration of Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
from the Indemnity and Oblivion Act
Indemnity and Oblivion Act
The Indemnity and Oblivion Act 1660 is an Act of the Parliament of England , the long title of which is "An Act of Free and General Pardon, Indemnity, and Oblivion"....
which indemnified most opponents of the Monarchy for crimes they might have committed during the Civil War and Interregnum (1642–1660). John Cook was tried and found guilty of high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
for his part in the trial of Charles I. He was hanged, drawn and quartered with the radical preacher Hugh Peters
Hugh Peters
Hugh Peters [or Peter] was an English preacher.-Early life:He was baptized on 29 June 1598 in Fowey, and was educated at Trinity College, Cambridge....
and another of the regicides on 16 October 1660. Shortly before his death, Cook wrote to his wife:
The journalist, historian and anti-Corn Law propagandist William Cooke Taylor
William Cooke Taylor
William Cooke Taylor, Writer, Journalist, Historian and Anti-Corn Law propagandist. Born at Youghal on 16 April 1800 and died at 20 Herbert Street, Dublin on 12 September 1849.Through his mother he claimed descent from the regicide John Cooke....
(1800–1849) claimed descent from Cook.
External links
- Biography of Cook British Civil Wars website
- Audio from a talk on John Cooke by Geoffrey Robertson for Bristol Radical History Group