Contents
About the Book
About the Author
Also by Geoffrey Robertson
List of Illustrations
Chronology
Dedication
Title Page
Epigraph
Preface
Prologue: There But For Fortune . . .
Part I: Revolution
1. A Man of the Middling Sort
2. Strafford, Ship Money and a Search for Self
3. A King in Check
4. The Breath of an Unfee’d Lawyer
5. What the Independents Would Have
6. The Poor Man’s Case
7. Malignant Blood
Part II: Republic
8. To Clutch the Swimming Hare
9. The Hare, Clutched: Cooke’s Charge
10. The King’s Trial
11. Farewell Sovereignty
12. ‘Stone Dead Hath No Fellow’
13. Impressions on White Paper
14. The Protectorate
Part III: Restoration
15. Tumbledown Dick
16. Endgame
17. ‘They All Seem Dismayed . . .’
18. The Trial of John Cooke
19. A Trembling Walk with God
20. Long Live the King
Epilogue
Picture Section
Notes on Sources
Notes
Index
Copyright
About the Book
Charles I waged civil wars that cost one in ten Englishmen their lives. But in 1649 parliament was hard put to find a lawyer with the skill and daring to prosecute a King who was above the law: in the end the man they briefed was the radical barrister, John Cooke.
Cooke was a plebeian, son of a poor farmer, but he had the courage to bring the King’s trial to its dramatic conclusion: the English republic. Cromwell appointed him as a reforming Chief Justice in Ireland, but in 1660 he was dragged back to the Old Bailey, tried and brutally executed.
John Cooke was the bravest of barristers, who risked his own life to make tyranny a crime. He originated the right to silence, the ‘cab rank’ rule of advocacy and the duty to act free-of-charge for the poor. He conducted the first trial of a Head of State for waging war on his own people – a forerunner of the prosecutions of Pinochet, Miloševic and Saddam Hussein, and a lasting inspiration to the modern world.
About the Author
Geoffrey Robertson QC is a leading human rights lawyer and a UN war-crimes judge. He has been counsel in many notable Old Bailey trials, has defended hundreds of men facing death sentences in the Caribbean, and has won landmark rulings on civil liberty from the highest courts in Britain, Europe and the Commonwealth. He was involved with cases against General Pinochet and Hastings Banda, and in the training of judges who will try Saddam Hussein. His book Crimes Against Humanity has been an inspiration for the global justice movement, and he is the author of an acclaimed memoir, The Justice Game, and the textbook Media Law. He is married to Kathy Lette: they live with their two children in London. Geoffrey Robertson is Head of Doughty Street Chambers, a Master of the Middle Temple, a Recorder and visiting professor at Queen Mary College, University of London.
ALSO BY GEOFFREY ROBERTSON
Reluctant Judas
Obscenity
People Against the Press
Geoffrey Robertson’s Hypotheticals (Vols. I & II)
Media Law
Does Dracula Have Aids?
Freedom, the Individual and the Law
The Justice Game
Crimes Against Humanity
List of Illustrations
Plate Section I
1. ‘A Fictitious Portrait’ of John Cooke (National Portrait Gallery, London)
2. Master John Rogers, Vicar of St. Sepulchre’s and Reader of St. Paul’s, London, burnt as a heretic at Smithfield, from Foxe’s Book of Martyrs, (Mary Evans Picture Library)
3. Execution of the conspirators of the Gunpowder Plot, 1605 (Contemporary engraving)
4. The First Act, a satirical play against William Prynne, English School (Bridgeman Art Library)
5. Thomas Wentworth, 1st Earl of Strafford and his Secretary, Philip Mainwaring, by Anthony van Dyck (Private Collection/Bridgeman)
6. The Execution of Thomas Wentworth, Earl of Strafford at Tower Hill, 12th May 1641, by Wenceslas Hollar (Bibliothèque des Arts Décoratifs, Paris/Bridgeman)
7. The Interior of Westminster Hall (engraving, 1793, British Museum/Bridgeman)
8. Title page to The Vindication of the Professors and Profession of the Law, 1645 by John Cooke (British Library, London)
9. Title page to The Poore Mans Case, 1647 by John Cooke (British Library)
10. Oliver Cromwell by Robert Walker (Cromwell Museum, Huntingdon)
11. Thomas, Lord Fairfax by circle of Robert Walker (Trustees of Leeds Castle Foundation, Maidstone/Bridgeman)
12. Fairfax and the Council of the Army, 1647 (Mary Evans)
13. John Lilburne, 1649 English School (Bridgeman)
14. Cartoon The Isle of Wait, 1648 (British Library)
15. Charles I at his Trial by Edward Bower (The Royal Collection © HM Queen Elizabeth II)
16. The High Court of Justice, 1649
17. Detail, showing John Cooke beside Charles II
18. Title page to King Charls His Case, 1649 by John Cooke (British Library)
Plate Section II
19. Charles’s speech from the scaffold, detail from frontispiece to The True Characters of the Educations, Inclinations and Several Dispositions of all and every one of those Bloody and Barbarous Persons, 1660 (British Library)
20. Frontispiece to Eikon Basilikon, 1650 (Bridgeman)
21. Irish Atrocities of 1641 from A Generall Martyrologie, 1651 by Samuel Clarke (Huntington Library, San Marino)
22. Title page to A True Relation of Mr John Cook’s Passage by Sea (British Library)
23. Cartoon The Ranters Ranting, c. 1650
24. Cromwell dismissing the Rump of the Long Parliament in April 1653 (Art Archive)
25. Double Portrait of John Bradshawe and Hugh Peters by Sir Peter Lely (The Collection of Pictures, Helmingham Hall. Photograph: Photographic Survey, Courtauld institute of Art)
26. John Lambert (National Portrait Gallery)
27. Edmund Ludlow (National Portrait Gallery)
28. George Monck, 1st Duke of Albemarle, by Sir Peter Lely (National Portrait Gallery)
29. Charles II by Pieter van der Banck, c.1660
30. Edward Hyde, Earl Of Clarendon, Lord Chancellor, by Sir Peter Lely (Middle Temple, London/Bridgeman)
31. Sir Orlando Bridgeman by John Riley (The Trustees of the Weston Park Foundation, UK; Bridgeman)
32. The Sessions’ House in the Old Bailey
33. The execution of the regicides, detail from frontispiece to The True Characters of the Educations, Inclinations and Several Dispositions of all and every one of those Bloody and Barbarous Persons, 1660 (British Library)
34. Portrait heads of the regicides, late seventeenth-century print (British Museum)
Chronology
1599 Birth of Oliver Cromwell
1600 Birth of Charles Stuart
1603 Death of Elizabeth I. James VI of Scotland accepts invitation to reign as James I.
1605 Gunpowder Plot
1608 Birth of John Cooke
1618 Execution of Sir Walter Ralegh
1621–4 Cooke attends Wadham College, Oxford
1624–31 Cooke studies at Gray’s Inn
1625 Death of James I. Charles I crowned King of England, Scotland and Ireland. Cooke enrolled as a student at Gray’s Inn.
1627 The Five Knights Case
1628 Assassination of Buckingham. The Petition of Right.
1629–40 Personal rule by Charles I, without Parliament
1630 Sir John Eliot’s case
1631 Cooke admitted as barrister of Gray’s Inn
1633 William Laud appointed Archbishop of Canterbury
1634 Cooke admitted to King’s Inn, Dublin. Joins administration of Sir Thomas Wentworth.
1637 Prynne, Bastwick and Burton mutilated and jailed indefinitely by the Star Chamber
The Ship Money Case
1638 John Lilburne jailed by the Star Chamber
Scottish National Covenant opened for signature, Grayfriars Kirk
1640 The Short Parliament (April/May)
Second Bishop’s War (July–September)
Opening of the Long Parliament (November)
1641 March Strafford’s trial
July Court of Star Chamber abolished
November Rebellion in Ireland: slaughter of Protestants
December Grand Remonstrance
1642 4 January Charles attempts to arrest Pym and other MPs
10 January The King flees London
15 January Parliament establishes judicial independence
February Militia Bill becomes law without royal assent
June The Nineteen Propositions, and the King’s answer
22 August Charles declares war on Parliament by raising his standard outside Nottingham Castle
October Battle of Edgehill (a draw)
1643 June Death of John Hampden
July Fall of Bristol (Royalist victory)
September Parliamentary alliance with Scottish covenanters
October Battle of Winceby (Cromwell’s first victory)
December Death of John Pym
1644 January Scots army enters England
July Battle of Marston Moor (parliamentary victory)
1645 January Execution of Laud
April Self-denying Ordinance (Cromwell excepted). Fairfax made commander-in-chief of the New Model Army.
June Battle of Naseby (definitive parliamentary victory)
September Siege of Basing House
1646 6 February Publication of Vindication of the Professors and Profession of Law
12 February Cooke and Bradshawe represent John Lilburne
April–May King surrenders to Scots at Newark
July The Newcastle propositions
August The King’s first answers to the propositions
September Cooke marries Frances Cutler, St Olave’s Church, London
October House of Commons resolves to maintain New Model Army for only six months
1647 January Scots sell the King to Parliament and withdraw
February The King at Holmby House
What the Independents Will Have
May Parliament moves to disband the Army
June Fairfax’s regiment refuses to disband; Joyce takes the King into army custody
August Army enters London. A Union of Hearts.
September Independents secure city government
October Putney debates
November King escapes from Hampton Court, detained on Isle of Wight (Carisbrooke Castle)
Cork Bush Field mutiny
December ‘Engagement’ between the King and Scots
1648 January Vote of No Addresses
February The Poor Man’s Case
July Second Civil War: Scots army under Hamilton invades England
August Cromwell vanquishes Scots; Hamilton captured Royalists surrender to Fairfax at Colchester
September Parliament begins negotiations with the King at Newport
October Murder of Colonel Rainborough;
Treaty of Westphalia ends the Thirty Years War on the continent.
November Remonstrance of the army
1 December The King is moved to Hurst Castle
5 December Parliament rejects Remonstrance, determines to treat with the King
6 December Pride’s Purge
16 December Army Council orders that the King be brought to Windsor
23 December Commons passes Ordinance for trial of the King
1649 1 January House of Lords rejects Ordinance
6 January Commons passes Ordinance, this time as an Act of Parliament
8 January (Monday) Judges of the High Court convene in the Painted Chamber
10 January (Wednesday) High Court appoints Bradshawe as President, Steel, Cooke, Dorislaus and Aske as prosecutors
15 January (Monday) Cooke produces first draft of charge against the King
20 January (Saturday) Cooke signs and presents charge at the opening of the King’s trial in Westminster Hall
22 January (Monday) Second session of trial
23 January (Tuesday) Third session of trial
24–25 January Cooke examines witnesses
27 January (Saturday) Charles I sentenced to death.
30 January Execution of Charles I
9 February King’s burial at Windsor Castle
King Charles: His Case. Also the King’s Book (Eikon Basilke)
Opening of trials of Duke of Hamilton and other courtiers
13 February John Milton, The Tenure of King and Magistrates, Mercurius Elencticus No. 56
9 March Hamilton, Holland and Capel executed
17 March Act abolishing the office of King
19 March Act abolishing the House of Lords
2 May Assassination of Dorislaus
19 May Act declaring England to be a Commonwealth
May Leveller revolt in Army put down at Burford
June Cooke appointed Master of St Cross Hospital
August–October Cromwell’s campaign in Ireland: storming of Drogheda and Wexford
24–26 October Trial of John Lilburne
1650 1–5 January John and Frances Cooke survive the storm at sea. A True Relation of the Sea Voyage.
March Cooke appointed Chief Justice of Munster
May Cromwell leaves Ireland; Henry Ireton appointed Lord Deputy
June Fairfax resigns; Cromwell appointed Lord General
3 September Cromwell defeats Scots at Dunbar
1651 3 September Cromwell defeats Charles II at Worcester
November Death of Henry Ireton
1652 January Committee on law reform, chaired by Matthew Hale
February Monarchy No Creature of God’s Making.
July Settlement of Ireland Act
6 August Charles II offers amnesty to all, excepting Cromwell, Bradshawe and Cooke
1653 April Cromwell dissolves the Rump
July Barebone’s Parliament
August Lilburne’s last trial
September Irish Satisfaction Act: Cooke given lands in Cork in lieu of pension
December Instrument of Government: Cromwell installed as Lord Protector
1654 Fleetwood made Lord Deputy in Ireland
Opening of Protectorate Parliament
1655 January Cooke made Recorder of Waterford
June Council appoints Cooke as judge of the Upper Bench
August Cooke writes to Fleetwood resigning judicial commission to the Upper Bench
September Cromwell appoints major-generals to rule counties
1656 August Ludlow, Bradshawe and Vane carpeted by Council of State for opposing Protectorate
1657 April Cooke returns to England
Cromwell refuses the crown
November Henry Cromwell appointed Lord Deputy of Ireland
1658 September Death of Cromwell; Richard becomes Lord Protector
1659 April Army dissolves Protectorate Parliament
May Richard Cromwell resigns
‘Rump’ of Long Parliament reconvenes
July Ludlow appointed commander-in-chief for Ireland
August Royalist rising led by Sir George Booth, put down by Lambert
October Death of Bradshawe
Army expe
ls Rump and sets up Committee of Safety
26 December Rump returns
1660 1 January Monck enters England
10 February First report of Cooke’s arrest
11 February ‘Roasting of the Rump’: Londoners celebrate after Monck’s meeting with City Council
21 February Return of MPs ‘secluded’ by Pride’s Purge
March Long Parliament dissolves for elections
April Lambert surrenders
Convention Parliament opens
1 May Declaration of Breda
8 May Charles II proclaimed King of England
Cooke’s deposition taken in Dublin Castle
19May Cooke departs under guard for England
29 May King enters London
7 June Parliament excepts Cooke from pardon
29 August Act of Oblivion
September Pre-trial meetings between judges and prosecutors at Serjeants’ Inn
9 October(Tuesday) Regicides committed for trial
10 October(Wednesday) Opening day at Old Bailey
11 October(Thursday) Trial and conviction of Harrison
12 October(Friday) Trials and convictions of Scroop, Scot, Clement, Carew and Jones
13 October (Saturday) Cooke and Peters tried, convicted and sentenced Harrison executed
15 October(Monday) Trials and convictions of Daniel Axtell, Colonel Hacker, William Hulet. John Carew executed
16October (Tuesday) John Cooke and Hugh Peters hanged, drawn and quartered at Charing Cross. Trials of all remaining regicides
17October (Wednesday) Scot, Clement, Scroop and Jones executed
19 October(Friday) Axtell and Hacker executed at Tyburn
1661 January Fifth Monarchy rebellion
Desecration of corpses of Cromwell, Bradshawe and Ireton
1662 Execution of Corbet, Barkstead and Okey
Trials of Lambert and Vane, execution of Vane
1663 Prosecution of Brewster for Speeches and Prayers of the Regicides
For Kathy
The Tyrannicide Brief
The Story of the Man who sent Charles I to the Scaffold
The Tyrannicide Brief Page 1
