For lawyers and other citizens

For lawyers and other citizens

Friday, October 18, 2019

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Dear Editor,

The recent arrests of former Education Minister Ruel Reid and family and Caribbean Maritime University President Fritz Pinnock as well as the ongoing impeachment inquiry of US President Donald Trump have made popular a now entrenched legal maxim with a most interesting history. That legally entrenched maxim is “no one is above the law”.

It had its genesis, arguably, in an encounter between an emperor and a bishop in the fourth century of this era and got two other shots in the arm by the British Magna Carta in the 13th century and a bombshell of a book written by a fellow controversial clergyman in the 17th century.

In AD/CE 390 some people in Thessalonica rioted, arousing the anger of the Christian emperor, Theodosius the Great. He overreacted, slaughtering some 7,000 people, most of whom were innocent. Bishop Ambrose, who was located in Milan — which was also where the emperor lived — did not turn a blind eye to the emperor's vindictive and unjust behaviour.

He asked him to repent of his massacre. When the emperor refused, the bishop excommunicated him. After a month of stubborn hesitation, Theodosius prostrated himself and repented in Ambrose's cathedral, bringing tears of joy to fellow believers. The emperor too was under the law and Ambrose would not allow the emperor or others to forget that.

Nor can we forget the significant influence of the Church, through the Archbishop of Canterbury Stephen Langton and his Christian colleagues on the British Magna Carta (the Large Charter) of 1215, which gave new rights to barons and the people in general and which also challenged the notion of the king being above the law. (NB: Langton was behind the innovation of chapters and verses in the Bible.)

The Rev Samuel Rutherford, a Presbyterian, wrote his Lex, Rex: Or the Law and the Prince in 1644. The main thesis, as implied in the title, is that the law is king, and so the king is under the law and not above it, a notion that was regarded as treasonously contrary to the tradition of the 'divine right of kings'.

Rutherford was hounded for execution but he died before they caught him. I guess we'll have to wait to see the results of being under the law for the arrested Jamaicans and the inquired American.

I recommend the following to people interested in the sources behind this piece: Alvin Schmidt, Under The Influence: How Christianity Transformed Civilization, p 250; Paul Johnson, A History of Christianity, p 105; Francis Schaeffer, The Complete Works of Francis Schaeffer, Volume 5, pages 473-476.

Rev Clinton Chisholm

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