Difference between revisions of "Second Part of the Institutes of the Laws of England"

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{{DISPLAYTITLE:''The Second Part of the Institutes of the Laws of England: Containing the Exposition of Many Ancient and Other Statutes''}}
 
{{DISPLAYTITLE:''The Second Part of the Institutes of the Laws of England: Containing the Exposition of Many Ancient and Other Statutes''}}
 
===by Sir Edward Coke===
 
===by Sir Edward Coke===
__NOTOC__
 
 
{{BookPageInfoBox
 
{{BookPageInfoBox
 
|imagename=CokeSecondInstitute1681TitlePage.jpg
 
|imagename=CokeSecondInstitute1681TitlePage.jpg
|link=https://catalog.swem.wm.edu/Record/88563
+
|link=http://wm-primo.hosted.exlibrisgroup.com/01COWM_WM:EVERYTHING:01COWM_WM_ALMA21555830730003196
 
|shorttitle=The Second Part of the Institutes of the Laws of England
 
|shorttitle=The Second Part of the Institutes of the Laws of England
|author=Sir Edward Coke
+
|author=[[:Category:Edward Coke|Sir Edward Coke]]
|publoc=London
+
|publoc=[[:Category:London|London]]
 
|publisher=Printed by W. Rawlins, for Thomas Basset  
 
|publisher=Printed by W. Rawlins, for Thomas Basset  
 
|year=1681
 
|year=1681
 
|edition=Sixth
 
|edition=Sixth
|lang=English with some Latin and Law French
+
|lang=[[:Category:English|English]] with some [[:Category:Latin|Latin]] and [[:Category:French|Law French]]
 
|pages=[12], 744, [40]
 
|pages=[12], 744, [40]
|desc=Folio (31 cm.)
+
|desc=[[:Category:Folios|Folio]] (31 cm.)
}}[[File:CokeSecondInstitute1681Frontispiece.jpg|left|thumb|250px|<center>Frontispiece.</center>]]Born on February 1, 1552 at Mileham, Norfolk, [http://en.wikipedia.org/wiki/Edward_Coke Sir Edward Coke] (1552-1634) was arguably the most prominent lawyer, legal writer, and politician during the Elizabethan and Jacobean eras, and a defender of the common law over the use of the Stuarts' royal prerogative.<ref>''Encyclopaedia Britannica Online'', s.v. "[http://www.britannica.com/EBchecked/topic/124844/Sir-Edward-Coke Sir Edward Coke]," accessed October 3, 2013.</ref><br />
+
|shelf=K-5
<br />
+
}}Born on February 1, 1552 at Mileham, Norfolk, Sir [[wikipedia:Edward Coke|Edward Coke]] (1552 &ndash; 1634) was arguably the most prominent lawyer, legal writer, and politician during the Elizabethan and Jacobean eras, and a defender of the common law over the use of the Stuarts' royal prerogative.<ref>''Encyclopaedia Britannica Online'', s.v. "[http://www.britannica.com/EBchecked/topic/124844/Sir-Edward-Coke Sir Edward Coke]," accessed October 3, 2013.</ref>
Coke began his studies in 1567 at [http://en.wikipedia.org/wiki/Trinity_College,_Cambridge Trinity College, Cambridge] during the years of the [http://en.wikipedia.org/wiki/Vestiarian_controversy Vestiarian controversy]&mdash;puritan protests against the Church of England. In 1572 he moved on to study at the [http://en.wikipedia.org/wiki/Inner_Temple Inner Temple], where he was admitted to the bar on April 20, 1578. Coke quickly rose to prominence through his successful execution of several noteworthy cases, such as [http://en.wikipedia.org/wiki/Rule_in_Shelley%27s_Case ''Shelley’s'' case]. Coke's analytical efforts helped to refine the legal doctrines of English law, and his reputation won him a seat in Parliament. He would later become the Speaker of the House of Commons and eventually attorney general.<ref>Allen D. Boyer, "[http://www.oxforddnb.com.proxy.wm.edu/view/article/5826 Coke, Sir Edward (1552–1634)]" in ''Oxford Dictionary of National Biography'' (Oxford University Press, 2004- ), accessed September 18, 2013.</ref> In 1606, after being created [http://en.wikipedia.org/wiki/Serjeant-at-law serjeant-at-law], Coke was appointed chief justice of the [http://en.wikipedia.org/wiki/Court_of_Common_Pleas_%28England%29 Court of Common Pleas]. He was transferred, against his will, to chief justice of the [http://en.wikipedia.org/wiki/Court_of_King%27s_Bench_%28England%29 Court of King's Bench] in 1613; he also became a member of the [http://en.wikipedia.org/wiki/Privy_Council_of_the_United_Kingdom privy council].<ref>Boyer, "Coke, Sir Edward."</ref><br />
+
 
<br />
+
[[File:CokeSecondInstitute1681Frontispiece.jpg|left|thumb|250px|<center>Frontispiece.</center>]]
After several political and judicial skirmishes with [http://en.wikipedia.org/wiki/James_VI_and_I James I] and [http://en.wikipedia.org/wiki/Francis_Bacon Francis Bacon], Coke was suspended from the privy council and removed from the bench in 1616.<ref>''Encyclopædia Britannica Online'', s.v. "Sir Edward Coke."</ref> Although he never returned to the bench, Coke did return to Parliament and was elected to that body four times from 1620 to 1629. During this time he took a lead in creating and composing the [http://en.wikipedia.org/wiki/Petition_of_Right Petition of Right]. "This document cited the Magna Carta and reminded Charles I that the law gave Englishmen their rights, not the king ... Coke’s petition focused on ... due process, protection from unjust seizure of property or imprisonment, the right to trial by jury of fellow Englishmen, and protection from unjust punishments or excessive fines."<ref>''Bill of Rights Institute'' website, s.v. "[http://29866.bbnc.bbcust.com/page.aspx?pid=920 Petition of Right (1628)]," accessed October 3, 2013.</ref> After this triumph, Coke spent his remaining years at his home, Stoke Poges, working on ''The Institutes of the Laws of England'', another endeavor for which he is rightly famous.<ref>Boyer, "Coke, Sir Edward."</ref><br />
+
Coke began his studies in 1567 at [[wikipedia:Trinity College, Cambridge|Trinity College]] during the years of the [[wikipedia:Vestiarian controversy|Vestiarian controversy]] &mdash; puritan protests against the Church of England. In 1572 he moved on to study at the [[wikipedia:Inner Temple|Inner Temple]], where he was admitted to the bar on April 20, 1578. Coke quickly rose to prominence through his successful execution of several noteworthy cases, such as [[wikipedia:Rule in Shelley's Case|''Shelley’s'' case]]. Coke's analytical efforts helped to refine the legal doctrines of English law, and his reputation won him a seat in Parliament. He would later become the Speaker of the House of Commons and eventually attorney general.<ref>Allen D. Boyer, "[http://www.oxforddnb.com.proxy.wm.edu/view/article/5826 Coke, Sir Edward (1552–1634)]" in ''Oxford Dictionary of National Biography'' (Oxford University Press, 2004- ), accessed September 18, 2013.</ref> In 1606, after being created [[wikipedia:Serjeant-at-law|serjeant-at-law]], Coke was appointed chief justice of the [[wikipedia:Court of Common Pleas (England)|Court of Common Pleas]. He was transferred, against his will, to chief justice of the [[wikipedia:Court of King's Bench (England)|Court of King's Bench]] in 1613. He also became a member of the [[wikipedia:Privy Council of the United Kingdom|privy council]].<ref>Boyer, "Coke, Sir Edward."</ref>
<br />
+
 
 +
After several political and judicial skirmishes with [[wikipedia:James VI and I James I|James VI and I James I]] and [[wikipedia:Francis Bacon|Francis Bacon]], Coke was suspended from the privy council and removed from the bench in 1616.<ref>''Encyclop&aelig;dia Britannica Online'', s.v. "Sir Edward Coke."</ref> Although he never returned to the bench, Coke did return to Parliament and was elected to that body four times from 1620 to 1629. During this time he took a lead in creating and composing the [[wikipedia:Petition of Right|Petition of Right]]. "This document cited the Magna Carta and reminded Charles I that the law gave Englishmen their rights, not the king ... Coke's petition focused on ... due process, protection from unjust seizure of property or imprisonment, the right to trial by jury of fellow Englishmen, and protection from unjust punishments or excessive fines."<ref>''Bill of Rights Institute'' website, s.v. "[http://29866.bbnc.bbcust.com/page.aspx?pid=920 Petition of Right (1628)]," accessed October 3, 2013.</ref> After this triumph, Coke spent his remaining years at his home, Stoke Poges, working on ''The Institutes of the Laws of England'', another endeavor for which he is rightly famous.<ref>Boyer, "Coke, Sir Edward."</ref>
 +
 
 
''The Second Part of the Institutes of the Laws of England'' includes mainly public law and statutory changes to the common law as previously described in Coke's ''First Institute''.<ref>W. S. Holdsworth, ''A History of English Law'' (London: Methuen & Co., Sweet and Maxwell, 1924), 5:468.</ref> "As usual the commentaries are both discursive and learned."<ref>Ibid., 469.</ref> Coke's explantion of the more modern statutes give valuable historical insight into the reasons for passage and the immediate effects of their implementation.<ref>Ibid.</ref>
 
''The Second Part of the Institutes of the Laws of England'' includes mainly public law and statutory changes to the common law as previously described in Coke's ''First Institute''.<ref>W. S. Holdsworth, ''A History of English Law'' (London: Methuen & Co., Sweet and Maxwell, 1924), 5:468.</ref> "As usual the commentaries are both discursive and learned."<ref>Ibid., 469.</ref> Coke's explantion of the more modern statutes give valuable historical insight into the reasons for passage and the immediate effects of their implementation.<ref>Ibid.</ref>
  
 
==Evidence for Inclusion in Wythe's Library==
 
==Evidence for Inclusion in Wythe's Library==
Listed with the other parts of Coke's ''Institutes'' in the [[Jefferson Inventory]] of [[Wythe's Library]] as ''Coke’s Institutes. 3.v. fol.'' This was one of the sets kept by [[Thomas Jefferson]]. He may have sold the volumes to the Library of Congress in 1815. Jefferson did sell two editions of ''The Second Part of the Institutes of the Laws of England'' to the library, a copy of the fourth edition (1662) and a copy of the sixth edition (1681)<ref>E. Millicent Sowerby, ''Catalogue of the Library of Thomas Jefferson'', 2nd ed. (Charlottesville: University Press of Virginia, 1983), 2:218 [no. 1782-1783].</ref> Both volumes still exist, but neither includes any Wythe-related markings or signatures. Mary Goodwin lists both volumes in her pamphlet on the George Wythe House.<ref>Mary R. M. Goodwin, [http://research.history.org/DigitalLibrary/View/index.cfm?doc=ResearchReports\RR0216.xml ''The George Wythe House: Its Furniture and Furnishings''] (Williamsburg, Virginia: Colonial Williamsburg Foundation Library, 1958), XLVI.</ref> [http://www.librarything.com/profile/GeorgeWythe George Wythe's Library]<ref>''LibraryThing'', s.v. "[http://www.librarything.com/profile/GeorgeWythe Member: George Wythe]," accessed on March 27, 2015.</ref> suggests the 1662 second edition, noting "contains manuscript notes note by Jefferson." The [https://digitalarchive.wm.edu/handle/10288/13433 Brown Bibliography]<ref>Bennie Brown, "The Library of George Wythe of Williamsburg and Richmond," (unpublished manuscript, May, 2012, rev. 2014) Microsoft Word file. Earlier edition available at: https://digitalarchive.wm.edu/handle/10288/13433.</ref> includes the 1681 sixth edition instead. [[Dean Bibliography|Dean's Memo]]<ref>[[Dean Bibliography|Memorandum from Barbara C. Dean]], Colonial Williamsburg Found., to Mrs. Stiverson, Colonial Williamsburg Found. (June 16, 1975), 10 (on file at Wolf Law Library, College of William & Mary).</ref> lists the first (1642) edition of ''The Second Part'' citing Nathan Schachner's biography of Jefferson.<ref>Nathan Schachner, ''Thomas Jefferson'' (New York: T. Yoseloff, 1957), 36.</ref> The Wolf Law Library moved a copy of the sixth edition from an existing rare book collection to the [[George Wythe Collection]].
+
Listed with the other parts of Coke's ''Institutes'' in the [[Jefferson Inventory]] of [[Wythe's Library]] as ''Coke's Institutes. 3.v. fol.'' This was one of the sets kept by [[Thomas Jefferson]]. He may have sold the volumes to the Library of Congress in 1815. Jefferson did sell two editions of ''The Second Part of the Institutes of the Laws of England'' to the Library, copies of the fourth edition (1662) and sixth edition (1681)<ref>E. Millicent Sowerby, ''Catalogue of the Library of Thomas Jefferson'', (Washington, D.C.: The Library of Congress, 1952-1959), 2:218 [http://babel.hathitrust.org/cgi/pt?id=mdp.39015033648109;view=1up;seq=232 [no. 1782-1783]].</ref> Both volumes still exist, but neither includes any Wythe-related markings or signatures. Mary Goodwin lists both volumes in her pamphlet on the George Wythe House.<ref>Mary R. M. Goodwin, [http://research.history.org/DigitalLibrary/View/index.cfm?doc=ResearchReports\RR0216.xml ''The George Wythe House: Its Furniture and Furnishings''] (Williamsburg, Virginia: Colonial Williamsburg Foundation Library, 1958), XLVI.</ref> [http://www.librarything.com/profile/GeorgeWythe George Wythe's Library]<ref>''LibraryThing'', s.v. "[http://www.librarything.com/profile/GeorgeWythe Member: George Wythe]," accessed on March 27, 2015.</ref> suggests the 1662 second edition, noting "contains manuscript notes note by Jefferson." The [https://digitalarchive.wm.edu/handle/10288/13433 Brown Bibliography]<ref>Bennie Brown, "The Library of George Wythe of Williamsburg and Richmond," (unpublished manuscript, May, 2012, rev. 2014) Microsoft Word file. Earlier edition available at: https://digitalarchive.wm.edu/handle/10288/13433.</ref> includes the 1681 sixth edition instead. [[Dean Bibliography|Dean's Memo]]<ref>[[Dean Bibliography|Memorandum from Barbara C. Dean]], Colonial Williamsburg Found., to Mrs. Stiverson, Colonial Williamsburg Found. (June 16, 1975), 10 (on file at Wolf Law Library, College of William & Mary).</ref> lists the first (1642) edition of ''The Second Part'' citing Nathan Schachner's biography of Jefferson.<ref>Nathan Schachner, ''Thomas Jefferson'' (New York: T. Yoseloff, 1957), 36.</ref> The Wolf Law Library moved a copy of the sixth edition from an existing rare book collection to the [[George Wythe Collection]].
  
 
==Description of the Wolf Law Library's copy==
 
==Description of the Wolf Law Library's copy==
 
Bound in contemporary calf with blind rules and tooling to boards. Spine features red morocco label with gilt lettering and decorative border. Purchased through the generosity of Daniel W. Baran and Lena Stratton Baran, Class of 1936.
 
Bound in contemporary calf with blind rules and tooling to boards. Spine features red morocco label with gilt lettering and decorative border. Purchased through the generosity of Daniel W. Baran and Lena Stratton Baran, Class of 1936.
  
View the record for this book in [https://catalog.swem.wm.edu/Record/88563 William & Mary's online catalog].  
+
Images of the library's copy of this book are [https://www.flickr.com/photos/wolflawlibrary/sets/72157659691978748 available on Flickr.] View the record for this book in [http://wm-primo.hosted.exlibrisgroup.com/01COWM_WM:EVERYTHING:01COWM_WM_ALMA21555830730003196 William & Mary's online catalog].
 +
 
 +
===Full text===
 +
*[http://lawlibrary.wm.edu/wythepedia/library/CokeSecondPartOfInstitutesOfTheLawsOfEngland1681.pdf ''The Second Part of the Institutes of the Laws of England''] (65MB PDF)
 +
 
 +
==See also==
 +
*''[[Book of Entries|A Book of Entries]]''
 +
*''[[First Part of the Institutes of the Lawes of England|The First Part of the Institutes of the Lawes of England, or, A Commentary upon Littleton]]''
 +
*''[[Fourth Part of the Institutes of the Laws of England|The Fourth Part of the Institutes of the Laws of England: Concerning the Jurisdiction of the Courts]]''
 +
*[[George Wythe Room]]
 +
*[[Jefferson Inventory]]
 +
*''[[Reports of Sir Edward Coke|The Reports of Sir Edward Coke]]''
 +
*''[[Third Part of the Institutes of the Laws of England|The Third Part of the Institutes of the Laws of England: Concerning High Treason, and Other Pleas of the Crown, and Criminall Causes]]''
 +
*[[Wythe's Library]]
 +
 
 
==References==
 
==References==
 
<references/>
 
<references/>
  
 +
__NOTOC__
 +
[[Category:Edward Coke]]
 
[[Category:English Law]]
 
[[Category:English Law]]
 
[[Category:George Wythe Collection at William & Mary's Wolf Law Library]]
 
[[Category:George Wythe Collection at William & Mary's Wolf Law Library]]
 +
[[Category:Jefferson's Books]]
 
[[Category:Possible Surviving Wythe Volumes]]
 
[[Category:Possible Surviving Wythe Volumes]]
 
[[Category:Titles in Wythe's Library]]
 
[[Category:Titles in Wythe's Library]]
 +
 +
[[Category:English]]
 +
[[Category:Folios]]
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[[Category:French]]
 +
[[Category:Latin]]
 +
[[Category:London]]

Revision as of 12:04, 19 June 2018

by Sir Edward Coke

The Second Part of the Institutes of the Laws of England
CokeSecondInstitute1681TitlePage.jpg

Title page from The Second Part of the Institutes of the Laws of England, George Wythe Collection, Wolf Law Library, College of William & Mary.

Author Sir Edward Coke
Editor {{{editor}}}
Translator {{{trans}}}
Published London: Printed by W. Rawlins, for Thomas Basset
Date 1681
Edition Sixth
Language English with some Latin and Law French
Volumes {{{set}}} volume set
Pages [12], 744, [40]
Desc. Folio (31 cm.)
Location Shelf K-5
  [[Shelf {{{shelf2}}}]]

Born on February 1, 1552 at Mileham, Norfolk, Sir Edward Coke (1552 – 1634) was arguably the most prominent lawyer, legal writer, and politician during the Elizabethan and Jacobean eras, and a defender of the common law over the use of the Stuarts' royal prerogative.[1]

Frontispiece.

Coke began his studies in 1567 at Trinity College during the years of the Vestiarian controversy — puritan protests against the Church of England. In 1572 he moved on to study at the Inner Temple, where he was admitted to the bar on April 20, 1578. Coke quickly rose to prominence through his successful execution of several noteworthy cases, such as Shelley’s case. Coke's analytical efforts helped to refine the legal doctrines of English law, and his reputation won him a seat in Parliament. He would later become the Speaker of the House of Commons and eventually attorney general.[2] In 1606, after being created serjeant-at-law, Coke was appointed chief justice of the [[wikipedia:Court of Common Pleas (England)|Court of Common Pleas]. He was transferred, against his will, to chief justice of the Court of King's Bench in 1613. He also became a member of the privy council.[3]

After several political and judicial skirmishes with James VI and I James I and Francis Bacon, Coke was suspended from the privy council and removed from the bench in 1616.[4] Although he never returned to the bench, Coke did return to Parliament and was elected to that body four times from 1620 to 1629. During this time he took a lead in creating and composing the Petition of Right. "This document cited the Magna Carta and reminded Charles I that the law gave Englishmen their rights, not the king ... Coke's petition focused on ... due process, protection from unjust seizure of property or imprisonment, the right to trial by jury of fellow Englishmen, and protection from unjust punishments or excessive fines."[5] After this triumph, Coke spent his remaining years at his home, Stoke Poges, working on The Institutes of the Laws of England, another endeavor for which he is rightly famous.[6]

The Second Part of the Institutes of the Laws of England includes mainly public law and statutory changes to the common law as previously described in Coke's First Institute.[7] "As usual the commentaries are both discursive and learned."[8] Coke's explantion of the more modern statutes give valuable historical insight into the reasons for passage and the immediate effects of their implementation.[9]

Evidence for Inclusion in Wythe's Library

Listed with the other parts of Coke's Institutes in the Jefferson Inventory of Wythe's Library as Coke's Institutes. 3.v. fol. This was one of the sets kept by Thomas Jefferson. He may have sold the volumes to the Library of Congress in 1815. Jefferson did sell two editions of The Second Part of the Institutes of the Laws of England to the Library, copies of the fourth edition (1662) and sixth edition (1681)[10] Both volumes still exist, but neither includes any Wythe-related markings or signatures. Mary Goodwin lists both volumes in her pamphlet on the George Wythe House.[11] George Wythe's Library[12] suggests the 1662 second edition, noting "contains manuscript notes note by Jefferson." The Brown Bibliography[13] includes the 1681 sixth edition instead. Dean's Memo[14] lists the first (1642) edition of The Second Part citing Nathan Schachner's biography of Jefferson.[15] The Wolf Law Library moved a copy of the sixth edition from an existing rare book collection to the George Wythe Collection.

Description of the Wolf Law Library's copy

Bound in contemporary calf with blind rules and tooling to boards. Spine features red morocco label with gilt lettering and decorative border. Purchased through the generosity of Daniel W. Baran and Lena Stratton Baran, Class of 1936.

Images of the library's copy of this book are available on Flickr. View the record for this book in William & Mary's online catalog.

Full text

See also

References

  1. Encyclopaedia Britannica Online, s.v. "Sir Edward Coke," accessed October 3, 2013.
  2. Allen D. Boyer, "Coke, Sir Edward (1552–1634)" in Oxford Dictionary of National Biography (Oxford University Press, 2004- ), accessed September 18, 2013.
  3. Boyer, "Coke, Sir Edward."
  4. Encyclopædia Britannica Online, s.v. "Sir Edward Coke."
  5. Bill of Rights Institute website, s.v. "Petition of Right (1628)," accessed October 3, 2013.
  6. Boyer, "Coke, Sir Edward."
  7. W. S. Holdsworth, A History of English Law (London: Methuen & Co., Sweet and Maxwell, 1924), 5:468.
  8. Ibid., 469.
  9. Ibid.
  10. E. Millicent Sowerby, Catalogue of the Library of Thomas Jefferson, (Washington, D.C.: The Library of Congress, 1952-1959), 2:218 [no. 1782-1783].
  11. Mary R. M. Goodwin, The George Wythe House: Its Furniture and Furnishings (Williamsburg, Virginia: Colonial Williamsburg Foundation Library, 1958), XLVI.
  12. LibraryThing, s.v. "Member: George Wythe," accessed on March 27, 2015.
  13. Bennie Brown, "The Library of George Wythe of Williamsburg and Richmond," (unpublished manuscript, May, 2012, rev. 2014) Microsoft Word file. Earlier edition available at: https://digitalarchive.wm.edu/handle/10288/13433.
  14. Memorandum from Barbara C. Dean, Colonial Williamsburg Found., to Mrs. Stiverson, Colonial Williamsburg Found. (June 16, 1975), 10 (on file at Wolf Law Library, College of William & Mary).
  15. Nathan Schachner, Thomas Jefferson (New York: T. Yoseloff, 1957), 36.