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exFamily.org > chatboards > genX > archives > post #24257

To Zerby-Smith-Peter ‘Be ye ever so high, the law is above you’

Posted by COMMAND RESPONSIBILITY on November 17, 2005 at 19:40:24

In Reply to: but no tracks of money (NT) posted by I know on November 17, 2005 at 17:19:17:

When King Charles the 1st was being tried for crimes in England(1649), a guy named John Cooke became the first man in legal history to concieve a charge of tyranny against a monarch.

Excerpt from Book: Cooke realised that the King’s determination to live or die as a divinely ordained, absolute and hereditary monarch made compromise impossible: as Solicitor–General, he must push England to where logic (‘right reason’) led, where law (Magna Carta) pointed and where God (the first Book of Samuel) approved, but where no other nation at the time or for another century would reach: a proto–democratic republic with constitutional guarantees for civil and religious liberties.


To bring home Charles the 1st's guilt for the crippling loss of English life on both sides in the war he had started in 1642, Cooke invoked the doctrine which is called, in modern war–crimes courts, ‘command responsibility’:


By which it appears that he, the said Charles Stuart, has been and is the occasioner, author and continuer of the said unnatural, cruel and bloody wars and therefore guilty of all the treasons, murders, rapines, burnings, spoils, desolations, damages and mischiefs to the nation acted and committed in the said wars or occasioned thereby."