John Cook (regicide) - Biography

Biography

John Cook was the son of Leicestershire 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.

Mr. John Coke, late Chief Justice of Ireland, had in his younger years seen the best part of Europe; and at Rome had spoken with such liberty and ability against the corruptions of that Court and Church, that great endeavors were used there to bring him into that interest: but he being resolved not to yield to their solicitations, thought it no longer safe to continue among them, and therefore departed to Geneva, where he resided some months in the house of signor Gio. Diodati, minister of the Italian church in that city; after which he returned to England and applied himself to the study of laws; and in that profession became so considerable, that he was appointed by the High Court of Justice to be their solicitor at the King's trial. —Edmund Ludlow.

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 Cook 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 symbolising the divine monarch bowing before human law.