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

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(Intro by Nathan Michaux.)
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<ref>Allen D. Boyer, [http://www.oxforddnb.com.proxy.wm.edu/view/article/5826 "Coke, Sir Edward (1552–1634)"], ''Oxford Dictionary of National Biography'', Oxford University Press, 2004; online edn, Jan 2009, accessed 18 Sept 2013. (Subscription required for access.)</ref>
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''The Third Part of the Institutes of the Laws of England'' is the third volume in a series of books and reports written by [http://en.wikipedia.org/wiki/Sir_Edward_Coke Sir Edward Coke] (1552-1634) in an attempt to provide an exhaustively comprehensive review of English law. Coke, born on February 1, 1552 at Mileham, Norfolk, was arguably the most prominent lawyer, legal writer, and politician during the Elizabethan and Jacobean eras. Coke was a strong supporter and defender of the common law over the use of the Stuart’s royal prerogative.<ref>''Encyclopaedia Britannica Online'', s. v. “Sir Edward Coke,” accessed October 3, 2013, http://www.britannica.com/EBchecked/topic/124844/Sir-Edward-Coke.</ref> Coke began his studies in 1567 at 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. 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)"], ''Oxford Dictionary of National Biography'', Oxford University Press, 2004; online edn, Jan 2009, accessed 18 Sept 2013. (Subscription required for access.)</ref> In 1606, after being created 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 privy council.<ref>Boyer, "Coke, Sir Edward."</ref> After several political and judicial skirmishes with James I and Francis Bacon, Coke was suspended from the privy council and removed from the bench in 1616.<ref>Ibid.</ref> While 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 pivotal 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. "Petition of Right (1628)", accessed Oct. 3, 2013 http://billofrightsinstitute.org/resources/educator-resources/americapedia/americapedia-documents/petition-of-right/.</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 />
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The ''Third Part of the Institutes of the Laws of England'' focuses on the criminal law of England. Coke transferred his experience as attorney general and judge into the third part of the Institutes by focusing on treason, misprision of treason, and heresy much more than homicide, rape, robbery, and similar crimes. Coke had personally tried several famous treason and libel cases as the Attorney General, such as the [http://en.wikipedia.org/wiki/Gunpowder_Plot Gunpowder Plot of 1605] and thus his focus in is largely based on his experiences.<ref>''Encyclopaedia Britannica Online'', s.v. “Sir Edward Coke.”</ref> In general, Coke’s ''Institutes'' are widely considered to have been enormously influential in the United States, especially with regard to the construction of the Third and Fourth Amendments to the Constitution. The''Institutes'' have been cited in over 70 cases decided by the Supreme Court of the Unites States.<ref>LexisNexis search performed May 1, 2008.</ref><ref>Introductory paragraphs written by Nathan Michaux, W&M Law '16.</ref>
  
 
==Bibliographic Information==
 
==Bibliographic Information==
 
'''Author:''' Sir Edward Coke.
 
'''Author:''' Sir Edward Coke.
  
'''Title:''' The Third Part of the Institutes of the Laws of England: Concerning High Treason, and Other Pleas of the Crown, and Criminall Causes
+
'''Title:''' ''The Third Part of the Institutes of the Laws of England: Concerning High Treason, and Other Pleas of the Crown, and Criminall Causes''.
  
 
'''Published:''' London: Printed by M. Flesher, for W. Lee, and D. Pakeman, 1644.  
 
'''Published:''' London: Printed by M. Flesher, for W. Lee, and D. Pakeman, 1644.  
  
'''Edition:'''
+
'''Edition:''' First edition; [7], 243, [18] pages.
  
 
==Evidence for Inclusion in Wythe's Library==
 
==Evidence for Inclusion in Wythe's Library==
  
 
==Description of the Wolf Law Library's copy==
 
==Description of the Wolf Law Library's copy==
 
+
View this book in [https://catalog.swem.wm.edu/law/Record/1689432 William & Mary's online catalog.]
 
===References===
 
===References===
 
<references/>
 
<references/>

Revision as of 14:25, 4 October 2013

by Sir Edward Coke

The Third Part of the Institutes of the Laws of England is the third volume in a series of books and reports written by Sir Edward Coke (1552-1634) in an attempt to provide an exhaustively comprehensive review of English law. Coke, born on February 1, 1552 at Mileham, Norfolk, was arguably the most prominent lawyer, legal writer, and politician during the Elizabethan and Jacobean eras. Coke was a strong supporter and defender of the common law over the use of the Stuart’s royal prerogative.[1] Coke began his studies in 1567 at Trinity College, Cambridge 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. 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 Court of Common Pleas. He was transferred, against his will, to chief justice of the Court of King's Benchin 1613; he also became a member of the privy council.[3] After several political and judicial skirmishes with James I and Francis Bacon, Coke was suspended from the privy council and removed from the bench in 1616.[4] While 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 pivotal 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 Third Part of the Institutes of the Laws of England focuses on the criminal law of England. Coke transferred his experience as attorney general and judge into the third part of the Institutes by focusing on treason, misprision of treason, and heresy much more than homicide, rape, robbery, and similar crimes. Coke had personally tried several famous treason and libel cases as the Attorney General, such as the Gunpowder Plot of 1605 and thus his focus in is largely based on his experiences.[7] In general, Coke’s Institutes are widely considered to have been enormously influential in the United States, especially with regard to the construction of the Third and Fourth Amendments to the Constitution. TheInstitutes have been cited in over 70 cases decided by the Supreme Court of the Unites States.[8][9]

Bibliographic Information

Author: Sir Edward Coke.

Title: The Third Part of the Institutes of the Laws of England: Concerning High Treason, and Other Pleas of the Crown, and Criminall Causes.

Published: London: Printed by M. Flesher, for W. Lee, and D. Pakeman, 1644.

Edition: First edition; [7], 243, [18] pages.

Evidence for Inclusion in Wythe's Library

Description of the Wolf Law Library's copy

View this book in William & Mary's online catalog.

References

  1. Encyclopaedia Britannica Online, s. v. “Sir Edward Coke,” accessed October 3, 2013, http://www.britannica.com/EBchecked/topic/124844/Sir-Edward-Coke.
  2. Allen D. Boyer, "Coke, Sir Edward (1552–1634)", Oxford Dictionary of National Biography, Oxford University Press, 2004; online edn, Jan 2009, accessed 18 Sept 2013. (Subscription required for access.)
  3. Boyer, "Coke, Sir Edward."
  4. Ibid.
  5. Bill of Rights Institute website, s.v. "Petition of Right (1628)", accessed Oct. 3, 2013 http://billofrightsinstitute.org/resources/educator-resources/americapedia/americapedia-documents/petition-of-right/.
  6. Boyer, "Coke, Sir Edward."
  7. Encyclopaedia Britannica Online, s.v. “Sir Edward Coke.”
  8. LexisNexis search performed May 1, 2008.
  9. Introductory paragraphs written by Nathan Michaux, W&M Law '16.