Sir Edward Coke


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Coke, Sir Edward

(ko͝ok), 1552–1634, English jurist, one of the most eminent in the history of English law. He entered Parliament in 1589 and rose rapidly, becoming solicitor general and speaker of the House of Commons. In 1593 he was made attorney general. His rival for that office was Sir Francis Bacon, thereafter one of Coke's bitterest enemies. He earned a reputation as a severe prosecutor, notably at the trial of Sir Walter Raleigh, and held a favorable position at the court of King James I. In 1606 he became chief justice of the common pleas. In this position, and (after 1613) as chief justice of the king's bench, Coke became the champion of common law against the encroachments of the royal prerogative and declared null and void royal proclamations that were contrary to law. Although his historical arguments were frequently based on false interpretations of early documents, as in the case of the Magna Carta, his reasoning was brilliant and his conclusions impressive. His constant collisions with the king and the numerous enmities he developed—especially that with Thomas Egerton, Baron EllesmereEllesmere, Thomas Egerton, Baron,
1540?–1617, jurist and statesman. A distinguished early career at law brought him appointment (1581) as solicitor general, and he became a favorite and adviser of Queen Elizabeth I.
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, the chancellor—brought about his fall. Bacon was one of the foremost figures in engineering his dismissal in 1616. By personal and political influence, Coke got himself back on the privy council and was elected (1620) to Parliament, where he became a leader of the popular faction in opposition to James I and Charles I. He was prominent in the drafting of the Petition of Right (1628). His most important writings are the Reports, a series of detailed commentaries on cases in common law, and the Institutes, which includes his commentary on Littleton's Tenures.
References in periodicals archive ?
The petitioner argues that the bill is a sheer violation of legal maxim coined by Sir Edward Coke that 'no-one should be a judge in his own case' and thus it is also a violation of the principle of natural justice.
(7.) Sir Edward Coke, Calvin's Case 28a (1608), reprinted in 1 The Selected Writings of Sir Edward Coke 231-32 (Steve Sheppard, ed., 2003).
Dunne also includes contemporary accounts of disputes between Sir Edward Coke and King James to support this historical claim concerning the centralization of English law.
Charles James, author of A New and Enlarged Military Dictionary, summarized the common law crime of affray as follows: "By the common law, it is an offence for persons to go or ride armed with dangerous weapons." (79) Sir Edward Coke's formulation of this crime was widely copied by the compilers of popular legal guidebooks in the eighteenth century.
Smith, David Chan, Sir Edward Coke and the Reformation of the Laws: Religion, Politics and Jurisprudence, 1578-1616 (Cambridge Studies in English Legal History), Cambridge, Cambridge University Press, 2014; hardback; pp.
Jurist Sir Edward Coke interpreted the meaning the age of marriage, which at the time was 12 years of age.
(145.) See, e.g., 1 Blackstone, supra note 45, at *64 (describing the common law as custom that enjoys "long and immemorial usage" and "universal reception throughout the kingdom"); Edward Coke, The Compleat Copyholder (1630), reprinted in 2 The Selected Writings and Speeches OF Sir Edward coke 563, 563 (Steve Sheppard ed., 2003) ("Customes are defined to be a Law, or Right not written, which being established by long use, and the consent of our Ancestors, hath been, and is daily practised."); Thomas Usk, Testament of Love, bk.
As the storyline continues, the exhibition will focus on the Magna Carta's rediscovery in the 17th century, when English jurists, especially Sir Edward Coke, made the Magna Carta into the fundamental source of constitutional guarantees of individual liberties; the Magna Carta's adoption and interpretation in Colonial America; and the Magna Carta's influence on the creation of American written constitutions.
Williams, earlier apprenticed to eminent jurist Sir Edward Coke, advanced the unsettling jurisdictional claim that civic community could not rest on religious homogeneity and must encompass diverse peoples.
Sir Edward Coke then delivered his justly celebrated answer: "That true it was, that God had endowed His Majesty with excellent science and great endowments of nature, but His Majesty was not learned in the laws of his realm of England, and causes which concern the life, or inheritance, or goods, or fortunes of his subjects, are not to be decided by natural reason but by the artificial reason and judgment of law...
In 1610, William Aldred, a Virginia colonist, successfully sued his neighbor for "erecting a hogstye so near the house of the plaintiff that the air thereof was corrupted." Speer carries a copy of jurist Sir Edward Coke's report of the court's decision in his briefcase.