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Sir Edward Coke (pronounced "cook") (1 February
1552 – 3 September 1634), was an early England colonial
entrepreneur and
jurist whose writings on the
English common law were the definitive legal texts for some 300 years.
Coke was born at
Mileham, Norfolk the son of a London barrister from a Norfolk family. He was educated at
Norwich_School%2C_Norwich and then
Trinity College, Cambridge.
He became a
Member of Parliament in 1589,
Speaker of the British House of Commons in 1592 and was appointed
England's
Attorney General in 1593, a post for which he was in competition with his rival Sir Francis Bacon. During this period, he was a zealous prosecutor of Sir
Walter Raleigh and of the Gunpowder Plot conspirators. He was appointed
Chief Justice of the Court of Common Pleas in 1606. In 1613, he was elevated to Chief Justice of the King's Bench, where he continued his defense of the English
common law against the encroachment by the ecclesiastical hierarchy, local courts controlled by the aristocracy, and meddling by the King.
Bacon encouraged the King to remove Coke as Chief Justice in
1616, for refusing to hold a case in abeyance until the King could give his own opinion in it. In 1620 Coke became an MP again, and proved so troublesome to the crown that he was imprisoned, along with other Parliamentary leaders, for six months. In
1628, he was one of the drafters of the
Petition of Right.
In
1606, Coke apparently helped write the charter of the
Virginia Company, a private venture granted a royal charter to found settlements in
North America. He became director of the London Company, one of the two branches of the Virginia Company.
One of Coke's greatest contributions to the law was to interpret
Magna Carta to apply not only to the protection of nobles but also to all subjects of the crown equally, which effectively established the law as a guarantor of rights among all subjects against even Parliament and the King. He famously asserted: "Magna Carta is such a fellow, that he will have no sovereign."
Among his most famous cases, Coke wrote
Dr. Bonham's Case, which has been much argued about by historians but is seen by lawyers as the origin of
judicial review of legislation. Coke's opinion in
Calvin's Case established that subjects of Scotland born after King James VI became James I of England, could hold land in England as well as in Scotland, because both Scots and Englishmen owed allegiance to the same king. This case would be important in supporting the idea that English colonists in North America would have the rights of Englishmen. "....However, in 1608, Sir
Edward Coke, in his capacity as
Lord Chief Justice of England and Wales, offered a ruling in
Calvin's Case which went beyond the issue at hand: whether a Scotsman could seek justice at an English Court. Coke distinguished between aliens from nations at war with England and friendly aliens, those from nations in league with England. Friendly aliens could have recourse to English courts. But he also ruled that with "all infidels" (i.e. those from non-Christian nations) there could be no peace, and a state of perpetual hostility would exist between them and Christians. "{From Wikipeta article on the
London Company".} He also wrote
Semayne's Case, the origin of many of the rights to freedom from arbitrary searches; the
Case of the Monopolies, important in anti-trust;
Rule in Dumpor's Case, which set forth a new rule for
Assignment (law) of
leasehold interests;
Sutton's Hospital, a seminal case in corporations law; and
William Aldred's Case, which may be the birth of environmental law. Published after his death, the
Prohibitions del Roi detail his discussion with the King in which he (briefly) convinced a reluctant James that the law is based on "artificial reason" and must be left to lawyers to decide, rather than to the monarch.
Copies of Coke's writings arrived in
North America on the
Mayflower (ship) in 1620, and every lawyer in the English colonies and early United States was trained from Coke's books, particularly his
Reports and
Institutes of the Lawes of England (see #References section below), the most famous of which was his property book,
The First Institute of the Lawes of England, or a Commentary on Littleton (a reference to 15th century English jurist Thomas de Littleton). Coke was a patron and mentor for American theologian and dissident
Roger Williams (theologian) and assisted with his education at Sutton's Hospital and at the University of Cambridge, Pembroke College. Both John Adams and
Patrick Henry argued from Coke treatises to support their revolutionary positions against the Mother Country in the 1770s.
Under Coke's leadership, in
1628 the House of Commons forced Charles I of England to accept Coke's
Petition of Right by withholding the revenues the king wanted until he capitulated. The Petition of Right was the forerunner of the English Bill of Rights and the U.S. Bill of Rights.
The
Delta Chi college fraternity considers Sir Edward Coke as its Spiritual Founder.
Quotes
- The quote believed to have led to the "castle exception" of Self-defense (theory):
- "A man's house is his castle — et domus sua cuique est tutissimum refugium i.e. Latin for "and where shall a man be safe if it be not in his own house?” Sir Edward Coke, The First Part of the Institutes of the Laws of England, or, A Commentary on Littleton (London, 1628, ed. F. Hargrave and C. Butler, 19th ed., London, 1832)
- His famous quote about the common law:
- "Reason is the life of the law; nay, the common law itself is nothing else but reason. The law which is perfection of reason." (First Institute)
- "The King himself should be under no man, but under God and the Law."
- "The Law is the surest sanctuary that a man can take, and the strongest fortress to protect the weakest of all; Lex est tutissima cassis."
References
- The Lion and the Throne, a biography (ISBN 0-316-10393-4) of Coke by Catherine Drinker Bowen, won the National Book Award.
- Three volumes of Coke's writings, with translations, notes, commentary, and an introduction, have been published as The Selected Writings of Sir Edward Coke, edited by Steve Sheppard (ISBN 0-86597-316-4). They are available individually as Portable Document Format files: vol 1 (pp. 1–520), vol 2 (pp. 521–1184), vol 3 (pp. 1185–1468). These also contain “The First Part of the Institutes of the Lawes of England: Or A Commentary upon Littleton, Not the name of the Author only, but of the Law it selfe”.
See also
In 1585, in the middle of the deserted village of
Godwick, Edward Coke built a fine brick manor house, having purchased the estate in
1580. The ruins of the house, which was E shaped with an impressive two storey porch and windows was pulled down in 1962.
Sir Edward Coke (pronounced "cook") (1 February 1552 –
3 September 1634), was an early England colonial entrepreneur and
jurist whose writings on the English common law were the definitive legal texts for some 300 years.
Coke was born at Mileham, Norfolk the son of a London barrister from a Norfolk family. He was educated at
Norwich_School%2C_Norwich and then Trinity College, Cambridge.
He became a
Member of Parliament in
1589,
Speaker of the British House of Commons in
1592 and was appointed
England's
Attorney General in
1593, a post for which he was in competition with his rival Sir Francis Bacon. During this period, he was a zealous prosecutor of Sir
Walter Raleigh and of the Gunpowder Plot conspirators. He was appointed Chief Justice of the Court of Common Pleas in 1606. In
1613, he was elevated to Chief Justice of the King's Bench, where he continued his defense of the English
common law against the encroachment by the ecclesiastical hierarchy, local courts controlled by the aristocracy, and meddling by the King.
Bacon encouraged the King to remove Coke as Chief Justice in 1616, for refusing to hold a case in abeyance until the King could give his own opinion in it. In 1620 Coke became an MP again, and proved so troublesome to the crown that he was imprisoned, along with other Parliamentary leaders, for six months. In
1628, he was one of the drafters of the
Petition of Right.
In 1606, Coke apparently helped write the charter of the Virginia Company, a private venture granted a royal charter to found settlements in North America. He became director of the London Company, one of the two branches of the Virginia Company.
One of Coke's greatest contributions to the law was to interpret
Magna Carta to apply not only to the protection of nobles but also to all subjects of the crown equally, which effectively established the law as a guarantor of rights among all subjects against even Parliament and the King. He famously asserted: "Magna Carta is such a fellow, that he will have no sovereign."
Among his most famous cases, Coke wrote
Dr. Bonham's Case, which has been much argued about by historians but is seen by lawyers as the origin of judicial review of legislation. Coke's opinion in
Calvin's Case established that subjects of Scotland born after King James VI became
James I of England, could hold land in England as well as in Scotland, because both Scots and Englishmen owed allegiance to the same king. This case would be important in supporting the idea that English colonists in North America would have the rights of Englishmen. "....However, in 1608, Sir
Edward Coke, in his capacity as Lord Chief Justice of England and Wales, offered a ruling in
Calvin's Case which went beyond the issue at hand: whether a Scotsman could seek justice at an English Court. Coke distinguished between aliens from nations at war with England and friendly aliens, those from nations in league with England. Friendly aliens could have recourse to English courts. But he also ruled that with "all infidels" (i.e. those from non-Christian nations) there could be no peace, and a state of perpetual hostility would exist between them and Christians. "{From Wikipeta article on the London Company".} He also wrote
Semayne's Case, the origin of many of the rights to freedom from arbitrary searches; the
Case of the Monopolies, important in anti-trust;
Rule in Dumpor's Case, which set forth a new rule for
Assignment (law) of
leasehold interests;
Sutton's Hospital, a seminal case in corporations law; and
William Aldred's Case, which may be the birth of environmental law. Published after his death, the
Prohibitions del Roi detail his discussion with the King in which he (briefly) convinced a reluctant James that the law is based on "artificial reason" and must be left to lawyers to decide, rather than to the monarch.
Copies of Coke's writings arrived in North America on the Mayflower (ship) in 1620, and every lawyer in the English colonies and early United States was trained from Coke's books, particularly his
Reports and
Institutes of the Lawes of England (see
#References section below), the most famous of which was his property book,
The First Institute of the Lawes of England, or a Commentary on Littleton (a reference to 15th century English jurist
Thomas de Littleton). Coke was a patron and mentor for American theologian and dissident
Roger Williams (theologian) and assisted with his education at Sutton's Hospital and at the University of Cambridge, Pembroke College. Both
John Adams and Patrick Henry argued from Coke treatises to support their revolutionary positions against the Mother Country in the 1770s.
Under Coke's leadership, in
1628 the House of Commons forced Charles I of England to accept Coke's
Petition of Right by withholding the revenues the king wanted until he capitulated. The Petition of Right was the forerunner of the English Bill of Rights and the U.S. Bill of Rights.
The Delta Chi college fraternity considers Sir Edward Coke as its Spiritual Founder.
Quotes
- The quote believed to have led to the "castle exception" of Self-defense (theory):
- "A man's house is his castle — et domus sua cuique est tutissimum refugium i.e. Latin for "and where shall a man be safe if it be not in his own house?” Sir Edward Coke, The First Part of the Institutes of the Laws of England, or, A Commentary on Littleton (London, 1628, ed. F. Hargrave and C. Butler, 19th ed., London, 1832)
- His famous quote about the common law:
- "Reason is the life of the law; nay, the common law itself is nothing else but reason. The law which is perfection of reason." (First Institute)
- "The King himself should be under no man, but under God and the Law."
- "The Law is the surest sanctuary that a man can take, and the strongest fortress to protect the weakest of all; Lex est tutissima cassis."
References
- The Lion and the Throne, a biography (ISBN 0-316-10393-4) of Coke by Catherine Drinker Bowen, won the National Book Award.
- Three volumes of Coke's writings, with translations, notes, commentary, and an introduction, have been published as The Selected Writings of Sir Edward Coke, edited by Steve Sheppard (ISBN 0-86597-316-4). They are available individually as Portable Document Format files: vol 1 (pp. 1–520), vol 2 (pp. 521–1184), vol 3 (pp. 1185–1468). These also contain “The First Part of the Institutes of the Lawes of England: Or A Commentary upon Littleton, Not the name of the Author only, but of the Law it selfe”.
See also
In 1585, in the middle of the deserted village of
Godwick, Edward Coke built a fine brick manor house, having purchased the estate in 1580. The ruins of the house, which was E shaped with an impressive two storey porch and windows was pulled down in 1962.
Edward Coke - Wikipedia, the free encyclopedia
Sir Edward Coke (pronounced "Cook") (1 February 1552 – 3 September 1634), was an early English colonial entrepreneur and jurist whose writings on the English common law were the ...
Edward Coke, 7th Earl of Leicester - Wikipedia, the free encyclopedia
Edward Douglas Coke, 7th Earl of Leicester CBE DL (born 6 May 1936) of Holkham Hall, Norfolk, England, is a British peer. He is the son of Anthony Louis Lovel Coke, 6th Earl of ...
Sir Edward Coke
Sir Edward Coke (1552-1634) 1552: Born Feb 1st 1552 at Mileham, Norfolk. Educated at Norwich Grammar School and Trinity College, Cambridge.
Sir Edward Coke::
Why Sir Edward Coke became a major opponent of James I and why Edward Coke led opposition to James in the House of Commons. Why Sir Edward Coke became a major opponent of James I ...
NPG D20441; Sir Edward Coke
NPG D20441; Sir Edward Coke ... NPG D20441 Sir Edward Coke by Robert White line engraving, 1669 8 1/4 in. x 5 1/2 in. (210 mm x 139 mm) paper size
Sir Edward Coke (1552-1634), Lawyer, legal writer and politician
National Portrait Gallery, list of portraits for Sir Edward Coke including Sir Edward Coke by John Payne, after Unknown artist, Sir Edward Coke by Robert White, Sir Edward Coke by ...
Edward Coke - Wikiquote
edit] Sourced. A word must become a friend or you will not understand it. Perhaps you do well to be cool and detached when you are seeking information, but I remind you of the wife ...
Edward COKE (Chief Justice)
Sir Edward COKE (Lord Chief Justice of the King's Bench) Born: 1 Feb 1549, Mileham, Norfolk, England. Died: 3 Sep 1633, Stoke, Buckinghamshire, England
Edward Coke : Oxford Biography Index entry
The Oxford Biography Index is an authoritative and accurate index of notable people – their names, their dates, and their fields of activity.
Online Library of Liberty - Sir Edward Coke
The Online Library of Liberty is provided in order to encourage the study of the ideal of a society of free and responsible individuals by making freely available on the internet ...
