John Cooke (prosecutor)
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John Cooke (prosecutor)
John Cook or Cooke (baptised 18 September 1608 – 16 October 1660) was the first Solicitor General of the English Commonwealth and led the prosecution of Charles I. Following The Restoration, Cook was convicted of regicide and hanged, drawn and quartered on 16 October 1660. He is considered an international legal icon and progenitor of international criminal law for being the first lawyer to prosecute a head of state for crimes against his people. 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 first wife Frances (died 1658) had a son (name unknown). With his second wife Mary Chawner, Cook had 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 ...
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Fictitious Portrait Called John Cook - NPG
Fictitious may refer to: * Fictitious defendants * Feigned action * Ejectment, an action to recover land * John Doe, commonly named as a fictitious defendant See also * Fiction, in literary uses * Legal fiction A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law jurisdictions, particularly in England and Wales. Deve ...
, in legal uses {{Disambiguation ...
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Right To Silence
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems. The right covers a number of issues centered on the right of the accused or the defendant to refuse to comment or provide an answer when questioned, either prior to or during legal proceedings in a court of law. This can be the right to avoid self-incrimination or the right to remain silent when questioned. The right may include the provision that adverse inferences cannot be made by the judge or jury regarding the refusal by a defendant to answer questions before or during a trial, hearing or any other legal proceeding. This right constitutes only a small part of the defendant's rights as a whole. The origin of the right to silence is attributed to Sir Edward Coke's challenge to the ecclesiastical courts and their ''ex ...
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Charles Coote, 1st Earl Of Mountrath
Charles Coote, 1st Earl of Mountrath (c. 1610 – 17 December 1661) was an Anglo-Irish peer, the son of Sir Charles Coote, 1st Baronet, and Dorothea Cuffe, the former being an English veteran of the Battle of Kinsale (1601) who subsequently settled in Ireland. Irish Rebellion and Civil War The younger Coote became an MP for Leitrim in the Irish Parliament between 1634 and 1635 and again in 1640, a year before the outbreak of the Irish rebellion of 1641. The elder Charles Coote was active in the suppression of the Irish insurgents in 1642, launching attacks on Clontarf and County Wicklow in late 1641 in which many civilians died; he was killed in action defending Trim in May 1642. After the death of his father, Charles Coote also led some of the King's forces under Ormonde against the Confederate army, but was captured defending a stronghold in the Curragh of Kildare by an Irish army led by Castlehaven. He was released during the 1643 cessation of arms. At this time Coot ...
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Interregnum (England)
The Interregnum was the period between the execution of Charles I on 30 January 1649 and the arrival of his son Charles II in London on 29 May 1660 which marked the start of the Restoration. During the Interregnum, England was under various forms of republican government (see Commonwealth of England; this article describes other facets of the Interregnum). Politics The politics of the period were dominated by the wishes of the ''Grandees'' (Senior Officers) of the New Model Army and their civilian supporters. They encouraged (or at least tolerated) several republican regimes. From 1649 until 1653 executive powers lay with the Council of State, while legislative functions were carried out by the Rump Parliament. In 1653 the Grandees, with Oliver Cromwell in the lead, dismissed the Rump, and replaced it with a Nominated Assembly (nicknamed the Parliament of Saints or Barebone's Parliament) made up of 140 nominees, 129 from England and Wales, five from Scotland and six from Irelan ...
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Indemnity And Oblivion Act
The Indemnity and Oblivion Act 1660 was an Act of the Parliament of England (12 Cha. II c. 11), the long title of which is "An Act of Free and General Pardon, Indemnity, and Oblivion". This act was a general pardon for everyone who had committed crimes during the English Civil War and subsequent Commonwealth period, with the exception of certain crimes such as murder (without a licence granted by King or Parliament), piracy, buggery, rape and witchcraft, and people named in the act such as those involved in the regicide of Charles I. It also said that no action was to be taken against those involved at any later time, and that the Interregnum was to be legally forgotten. An act of free and general pardon, indemnity and oblivion History The Indemnity and Oblivion Act fulfilled the suggestion given in the Declaration of Breda that reprisals against the establishment which had developed during the English Interregnum would be restricted to those who had officiated in the regicid ...
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Charles II Of England
Charles II (29 May 1630 – 6 February 1685) was King of Scotland from 1649 until 1651, and King of England, Scotland and Ireland from the 1660 Restoration of the monarchy until his death in 1685. Charles II was the eldest surviving child of Charles I of England, Scotland and Ireland and Henrietta Maria of France. After Charles I's execution at Whitehall on 30 January 1649, at the climax of the English Civil War, the Parliament of Scotland proclaimed Charles II king on 5 February 1649. But England entered the period known as the English Interregnum or the English Commonwealth, and the country was a de facto republic led by Oliver Cromwell. Cromwell defeated Charles II at the Battle of Worcester on 3 September 1651, and Charles fled to mainland Europe. Cromwell became virtual dictator of England, Scotland and Ireland. Charles spent the next nine years in exile in France, the Dutch Republic and the Spanish Netherlands. The political crisis that followed Cromwell's death in 1 ...
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Regicide
Regicide is the purposeful killing of a monarch or sovereign of a polity and is often associated with the usurpation of power. A regicide can also be the person responsible for the killing. The word comes from the Latin roots of ''regis'' and ''cida'' (''cidium''), meaning "of monarch" and "killer" respectively. In the British tradition, it refers to the judicial execution of a king after a trial, reflecting the historical precedent of the trial and execution of Charles I of England. The concept of regicide has also been explored in media and the arts through pieces like ''Macbeth'' (Macbeth's killing of King Duncan) and ''The Lion King''. History In Western Christianity, regicide was far more common prior to 1200/1300. Sverre Bagge counts 20 cases of regicide between 1200 and 1800, which means that 6% of monarchs were killed by their subjects. He counts 94 cases of regicide between 600 and 1200, which means that 21.8% of monarchs were killed by their subjects. He argues ...
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Indictment
An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an indictable offence, an offence that requires an indictment. Australia Section 80 of the Constitution of Australia provides that "the trial on indictment of any offence against any law of the Commonwealth shall be by jury". The High Court of Australia has consistently used a narrow interpretation of this clause, allowing the Parliament of Australia to define which offences proceed on indictment rather than conferring a universal right to a jury trial. Section 4G of the ''Crimes Act 1914'' provides that "offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears". Canada A direct indictment is one in which the ca ...
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Plea
In legal terms, a plea is simply an answer to a claim made by someone in a criminal case under common law using the adversarial system. Colloquially, a plea has come to mean the assertion by a defendant at arraignment, or otherwise in response to a criminal charge, whether that person pleaded or pled guilty, not guilty, '' nolo contendere'' (a.k.a. no contest), no case to answer (in the United Kingdom), or Alford plea (in the United States). The concept of the plea is one of the significant differences between criminal procedure under common law and procedure under the civil law system. Under common law, a defendant who pleads guilty is automatically convicted, and the remainder of the trial is used to determine the sentence. This produces a system known as plea bargaining, in which defendants may plead guilty in exchange for a more lenient punishment. In civil law jurisdictions, a confession by the defendant is treated like any other piece of evidence. A full confession does ...
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Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a Criminal law, criminal jury trial, trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been Admission to the bar, admitted to the bar, or obtained a comparable qualification where available - such as Solicitor advocate, solicitor advocates in English law, England and Wales. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employe ...
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Roundhead
Roundheads were the supporters of the Parliament of England during the English Civil War (1642–1651). Also known as Parliamentarians, they fought against King Charles I of England and his supporters, known as the Cavaliers or Royalists, who claimed rule by absolute monarchy and the principle of the divine right of kings. The goal of the Roundheads was to give to Parliament the supreme control over executive administration of the country/kingdom. Beliefs Most Roundheads sought constitutional monarchy in place of the absolute monarchy sought by Charles; however, at the end of the English Civil War in 1649, public antipathy towards the king was high enough to allow republican leaders such as Oliver Cromwell to abolish the monarchy completely and establish the Commonwealth of England. The Roundhead commander-in-chief of the first Civil War, Thomas Fairfax, remained a supporter of constitutional monarchy, as did many other Roundhead leaders such as Edward Montagu, 2nd Earl of ...
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Rump Parliament
The Rump Parliament was the English Parliament after Colonel Thomas Pride commanded soldiers to purge the Long Parliament, on 6 December 1648, of those members hostile to the Grandees' intention to try King Charles I for high treason. "Rump" normally means the hind end or back-side of a mammal; its use meaning "remnant" was first recorded in the above context in English in 1649. Treaty of Newport In September 1648, at the end of the Second English Civil War, the Long Parliament was concerned with the increasing radicalism in the New Model Army. The Long Parliament began negotiations with King Charles I. The members wanted to restore the king to power, but wanted to limit the authority he had. Charles I conceded militia power, among other things, but he later admitted that it was only so he could escape. In November the negotiations began to fail, and the New Model Army seized power. Charles I was then taken into the Army's custody to await trial for treason. Pride's Purge The ...
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