Author | Edward Coke |
---|---|
Country | England |
Language | English |
Subject | English law |
Genre | Non-fiction |
Published | 1628–1644 |
Pages | Part I: 395; Part II: 745; Part III: 243; Part IV: 364 |
LC Class | Part I: KD833.C6; Part II: KD660.C6; Parts III and IV: KD7869.C64 |
The Institutes of the Lawes of England are a series of legal treatises written by Sir Edward Coke. They were first published, in stages, between 1628 and 1644. [1] Widely recognized as a foundational document of the common law, they have been cited in over 70 cases decided by the Supreme Court of the United States, [2] including several landmark cases. For example, in Roe v. Wade (1973), [3] Coke's Institutes are cited as evidence that under old English common law, an abortion performed before quickening was not an indictable offence. In the much earlier case of United States v. E. C. Knight Co. (1895), [4] Coke's Institutes are quoted at some length for their definition of monopolies. [5] The Institutes's various reprinted editions well into the 19th century is a clear indication of the long lasting value placed on this work throughout especially the 18th century in Britain and Europe. It has also been associated through the years with high literary connections. For example, David Hume in 1764 requested it from the bookseller Andrew Millar in a cheap format for a French friend. [6]
The First Part's subtitle is a "Commentary upon Littleton", concerning land law and property law. Often called Coke on Littleton (abbreviated "Co. Litt."), it is a commentary on Thomas de Littleton's treatise on land tenure. [8]
The Second Part's subtitle is "Containing the Exposition of Many Ancient and Other Statutes", particularly Magna Carta. [9]
The Third Part's subtitle is "Concerning High Treason and other Please of the Crown and Criminal Causes".
The Fourth Part's subtitle is "Concerning the Jurisdiction of the Courts".
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The Institutes of the Lawes of England are divided into four parts, the first editions of which are as follows:
Title pages of the first editions of the First, Second and Third and Fourth Parts of the Institutes |
Sir Edward Coke was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan and Jacobean eras.
"Life, Liberty and the pursuit of Happiness" is a well-known phrase from the United States Declaration of Independence. The phrase gives three examples of the unalienable rights which the Declaration says have been given to all humans by their Creator, and which governments are created to protect. Like the other principles in the Declaration of Independence, this phrase is not legally binding, but has been widely referenced and seen as an inspiration for the basis of government.
Sir Thomas de Littleton or de Lyttleton KB was an English judge, undersheriff, Lord of Tixall Manor, and legal writer from the Lyttelton family. He was also made a Knight of the Bath by King Edward IV.
Charles Butler KC was an English Roman Catholic lawyer and miscellaneous writer.
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Frank almoin, frankalmoign or frankalmoigne was one of the feudal land tenures in feudal England whereby an ecclesiastical body held land free of military service such as knight service or other secular or religious service. Not only was secular service not due but in the 12th and 13th centuries jurisdiction over land so held belonged to the ecclesiastical courts, and was thus immune from royal jurisdiction.
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The Act 7 Ric 2 c 5 (1383), sometimes called the Beggars Act, the Vagrancy Act, or the Vagabonds Act 1383, was an Act of the Parliament of England made at Westminster in 1383, after the Peasants' Revolt (1381).
The phrase law of the land is a legal term, equivalent to the Latin lex terrae, or legem terrae in the accusative case. It refers to all of the laws in force within a country or region, including statute law and case-made law.
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John Fortescue Aland, 1st Baron Fortescue of Credan, of Stapleford Abbotts, Essex, was an English lawyer, judge and politician who sat in the House of Commons for two years from 1715 to 1717. He wrote on English legal and constitutional history, and was said to have influenced Thomas Jefferson. A member of both the Middle Temple and Inner Temple, he became a King's Counsel in 1714 and was then appointed Solicitor General, first to the Prince of Wales and then to his father George I in 1715. After a short stint as a Member of Parliament, Fortescue Aland was knighted and elevated to the Bench as a Baron of the Exchequer in 1717. He was subsequently a justice of the Court of King's Bench (1718–1727) and of the Court of Common Pleas (1728–1746), save for a brief hiatus between 1727 and 1728 which has been attributed to George II's displeasure with one of his legal opinions.
Historia Placitorum Coronæ or The History of the Pleas of the Crown is an influential treatise on the criminal law of England, written by Sir Matthew Hale and published posthumously with notes by Sollom Emlyn by E. and R. Nutt, and R. Gosling, for F. Gyles, T. Woodward, and C. Davis in 1736. The book was published despite an instruction in Hale's will that none of his manuscripts was to be printed after his death unless he had ordered the publication during his lifetime. This was defended by Emlyn on the basis that it was a work of enormous importance; that he appeared to have revoked this instruction in a codicil; and that, in any event, it was obvious that he had intended to publish it. He further observed that the order was the result of fear that the text would be altered or abridged.
Books of authority is a term used by legal writers to refer to a number of early legal textbooks that are excepted from the rule that textbooks are not treated as authorities by the courts of England and Wales and other common law jurisdictions.
Thomas Wight was a bookseller, publisher and draper in London. Wight published many important books, including many of the earliest law books in English.
The Poisoning Act 1530 was an Act of the Parliament of England. Its long title was "An Act for Poisoning." It made it high treason to murder someone with poison, and instead of the usual punishment for treason it imposed death by boiling. It was repealed by the Treason Act 1547.
The Statute of Westminster of 1285, also known as the Statute of Westminster II or the Statute of Westminster the Second, like the Statute of Westminster 1275, is a code in itself, and contains the famous clause De donis conditionalibus, one of the fundamental institutes of the medieval land law of England.
Les Reports des divers resolutions et judgement donne par les de la Ley en le Temps del Reigne de Hen. VIII., Edw. VI., and Mar. Eliz. Jac. I. et Car. I. is the title of a collection of nominate reports, by Gulielme Bendloe, of cases decided between approximately 1531 and 1628. For the purpose of citation, their name may be abbreviated to "Benl". They are reprinted in volume 73 of the English Reports.
The Mirror of Justices, also known in Anglo-Norman as Le mireur a justices and in Latin as Speculum Justitiariorum, is a law textbook of the early 14th century, written in Anglo-Norman French and traditionally attributed to Andrew Horn. The original manuscript is in the Parker Library, Corpus Christi College, Cambridge.