Institutes of the Lawes of England
_-_20131124.jpg) Title page of the first volume of the first edition | |
| Author | Edward Coke |
|---|---|
| Language | English |
| Subject | English law |
| Genre | Non-fiction |
| Published | 1628–1644 |
| Publication place | England |
| 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] Sir Edward Coke’s Institutes also had a significant influence on the development of legal principles in the American colonies. For instance, the Institutes were highly regarded by early American legal scholars and practitioners, including Thomas Jefferson, who referenced Coke’s work in his writings on legal theory and the foundation of American law. This influence helped shape the legal system of the United States in its formative years. 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]
Contents
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First Part
[edit]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]
Second Part
[edit]The Second Part's subtitle is "Containing the Exposition of Many Ancient and Other Statutes", particularly Magna Carta.[9]
Third Part
[edit]The Third Part's subtitle is "Concerning High Treason and other Please of the Crown and Criminal Causes".
Fourth Part
[edit]The Fourth Part's subtitle is "Concerning the Jurisdiction of the Courts".
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See also
[edit]Notes
[edit]- ^ Paul Axel-Lute (4 January 2010), Finding English Statutes & Cases & Selected "Books of Authority" at the Rutgers–Newark Law Library, Rutgers Law Library – Newark, archived from the original on 7 May 2013.
- ^ LexisNexis search performed 1 May 2008. See also Impression Prods., Inc. v. Lexmark Int’l, Inc., 581 U.S. _, 137 S. Ct. 1523, 1532 (2017); Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. 519, 538 (2013).
- ^ Roe v. Wade, 410 U.S. 113, 134 (1973).
- ^ United States v. E. C. Knight Co., 156 U.S. 1, 10 (1895).
- ^ See also Straus v. Victor Talking Machine Co., 243 U.S. 490, 501 (1917), in which the Supreme Court referred to the respondent’s restrictive practices (in violation of the principle of Coke”s Institutes, section 360, as ones that "have been hateful to the law from Lord Coke's day to ours."
- ^ "The manuscripts, Letter from Andrew Millar to David Hume, 24 April, 1764. Andrew Millar Project. University of Edinburgh". www.millar-project.ed.ac.uk. Retrieved 3 June 2016.
- ^ The Third Part of the Institutes of the Laws of England; Concerning High Treason, and other Pleas of the Crown, and Criminal Causes. The Fourth Edition. Authore Edw. Coke, Milite (4th ed.), London: Printed for A[ndrew] Crooke, W[illiam] Leake, A[bel] Roper, F[rancis] Tyton, T[homas] Dring, T[homas] Collins, J[ohn] Place, W[illiam] Place, J[ohn] Starkey, T[homas] Bassett, R[obert] Pawlett, S[amuel] Heyrick, and G[eorge] Dawes, booksellers in Fleetstreet and Holborn, 1669, OCLC 9515015.
- ^ First published as Thomas de Littleton (1482), Tenannt en fee simple est celuy ... [A tenant in fee simple is he who ...], London: Imp[re]ssi p[er] nos Ioh[an]e[s] lettou [et] Will[es] de machlinia i citate Londonia[rum] [Printed by us, John Lettou and William de Machlinia in the City of London], OCLC 216889609 (the title is from the opening words of the text).
- ^ See Second Part (1797)
External links
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Wikimedia Commons has media related to Institutes of the Lawes of England by Edward Coke.
- First editions
The Institutes of the Lawes of England are divided into four parts, the first editions of which are as follows:
- The First Part of the Institutes of the Lawes of England. Or, a Commentarie upon Littleton, Not the Name of a Lawyer Onely, but of the Law it selfe, London: Printed [by Adam Islip] for the Societe of Stationers, 1628, OCLC 84760833.
- The Second Part of the Institutes of the Lawes of England. Containing the Exposition of Many Ancient, and other Statutes; whereof You may See the Particulars in a Table Following, London: Printed by M[iles] Flesher and R[obert] Young for E[phraim] D[awson], R[ichard] M[eighen], W[illiam] L[ee] and D[aniel], 1642, p. [akeman], OCLC 228722563.
- The Third Part of the Institutes of the Laws of England: Concerning High Treason, and Other Pleas of the Crown, and Criminall Causes, London: Printed by M[iles] Flesher, for W[illiam] Lee and D[aniel] Pakeman, 1644, OCLC 12388731.
- The Fourth Part of the Institutes of the Laws of England: Concerning the Jurisdiction of Courts, London: Printed ... by M[iles] Flesher, for W[illiam] Lee, and D[aniel] Pakeman, 1644, OCLC 83289236.
- Selected later editions
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| Title pages of the first editions of the First, Second and Third and Fourth Parts of the Institutes | |
- Editions printed by Andrew Crooke, et al. (1669–1671).
- The Second Part of the Institutes of the Laws of England; Containing the Exposition of many Ancient, and Other Statutes; whereof You may See the Particulars in a Table Following. The Third Edition. With an Alphabetical Table. Authore Edw. Coke. Milite, I.C. (3rd ed.), London: Printed for A[ndrew] Crooke, W[illiam] Leake, A[bel] Roper, F[rancis] Tyton, T[homas] Dring, T[homas] Collins, J[ohn] Place, W[illiam] Place, J[ohn] Starkey, T[homas] Bassett, R[obert] Pawlett, S[amuel] Heyrick, and G[eorge] Dawes, booksellers in Fleetstreet, Chancery-Lane, and Holborne, 1669, OCLC 11277568.
- The Third Part of the Institutes of the Laws of England; Concerning High Treason, and other Pleas of the Crown, and Criminal Causes. The Fourth Edition. Authore Edw. Coke, Milite (4th ed.), London: Printed for A[ndrew] Crooke, W[illiam] Leake, A[bel] Roper, F[rancis] Tyton, T[homas] Dring, T[homas] Collins, J[ohn] Place, W[illiam] Place, J[ohn] Starkey, T[homas] Bassett, R[obert] Pawlett, S[amuel] Heyrick, and G[eorge] Dawes, booksellers in Fleetstreet and Holborn, 1669, OCLC 9515015.
- The Fourth Part of the Institutes of the Laws of England; Concerning the Jurisdiction of Courts. The Fourth Edition, with an Alphabetical Table, not heretofore Printed. Authore Edw. Coke Milite (4th ed.), London: Printed for A[ndrew] Crooke, W[illiam] Leake, A[bel] Roper, F[rancis] Tyton, T[homas] Dring, T[homas] Collins, J[ohn] Place, W[illiam] Place, J[ohn] Starkey, T[homas] Bassett, R[obert] Pawlett, S[amuel] Heyricke, and G[eorge] Dawes, booksellers in Fleetstreet and Holborne, 1669, OCLC 15509037.
- Editions printed by John Streater, et al. (1670–1671).
- The First Part of the Institutes of the Laws of England. Or, A Commentary upon Littleton, not the Name of the Author Only, but of the Law It Self. Hæc ego grandævus posui tibi, candide lector. Authore Edwardo Coke milite (7th ed.), London: Printed by John Streater, James Flesher, and Henry Twyford, assigns of Richard Atkins and Edward Atkins, Esquires. And are to be sold by George Sawbridge, John Place, John Bellinger, William Place, Thomas Basset, Robert Pawlet, Christopher Wilkinson, Thomas Dring, William Jacob, Allen Banks, Ch. Harper, John Amery, John Poole, John Leigh, 1670, OCLC 457851806.
- The Second Part of the Institutes of the Laws of England; Containing the Exposition of many Ancient, and Other Statutes: Whereof you may See the Particulars in a Table Following (5th ed.), London: Printed by John Streater, Henry Twyford, Elizabeth Flesher, assigns of Richard Atkyns, and Edward Atkyns, Esquires, 1671, OCLC 19336060.
- The Third Part of the Institutes of the Laws of England; Concerning High Treason, and other Pleas of the Crown, and Criminal Causes. Authore Edw. Coke, Milite (4th ed.), London: Printed by John Streater, James Flesher, Henry Twyford, assigns of Richard Atkyns, and Edward Atkyns Esquires, 1670, OCLC 10264446.
- The Fourth Part of the Institutes of the Laws of England; Concerning the Jurisdiction of Courts. The Fifth Edition, with an Alphabetical Table, not heretofore Printed (5th ed.), London: Printed by John Streater, Henry Twyford, Elizabeth Flesher, assigns of Richard Atkyns, and Edward Atkyns, Esquires, 1671, OCLC 558018397.
- Editions printed by William Rawlins, et al. (1680–1684).
- The First Part of the Institutes of the Laws of England, or, A Commentary upon Littleton, not the Name of the Author Only, but of the Law Itself. Hæc ego grandævus posui tibi, candide lector, authore Edwardo Coke, milite. The Ninth Edition Carefully Corrected: With an Alphabetical Table. To this Edition is Added Two Learned Tracts of the Same Authors; the First, his Reading upon the 27th of Edward the First, Entituled, The Statute of Levying Fines: and the Second, Of Bail and Mainprize (9th ed.), London: Printed by William Rawlins, Samuel Roycroft, and H Sawbridge, assigns of Richard Atkins and Edward Atkins, Esquires. And are to be sold by Christopher Wilkinson, Richard Tonson, and Jacob Tonson; at the Black-Boy in Fleetstreet, within Grays-Inn Gate next Grays-In Lane, and at the Judges Head in Chancery Lane near Fleetstreet, 1684, OCLC 12367687.
- The Second Part of the Institutes of the Laws of England; Containing the Exposition of many Ancient, and Other Statutes, whereof You may See the Particulars in a Table Following. The Sixth Edition. Authore Edw. Coke Milite, J.C. (6th ed.), London: Printed by W[illiam] Rawlins, for Thomas Basset at the George near St. Dunstan’s Church in Fleet-street, 1681, OCLC 8483618.
- The Third Part of the Institutes of the Laws of England: Concerning High Treason, and other Pleas of the Crown, and Criminal Causes. The Sixth Edition. Authore Edw. Coke Milite (6th ed.), London: Printed by W[illiam] Rawlins, for Thomas Basset at the George near St. Dunstans Church in Fleet-street, 1680, OCLC 12395626
- The Third Part of the Institutes of the Laws of England: Concerning High Treason, and other Pleas of the Crown, and Criminal Causes. The Sixth Edition. Authore Edw. Coke Milite (6th ed.), London: Printed by W[illiam] Rawlins, for Thomas Basset at the George near St. Dunstans Church in Fleet-street, 1681, OCLC 237336410.
- The Fourth Part of the Institutes of the Laws of England: Concerning the Jurisdiction of Courts. The Sixth Edition. Authore Edw. Coke Milite (6th ed.), London: Printed by W[illiam] Rawlins, for Thomas Basset at the George near St. Dunstans Church in Fleet-street, 1681, OCLC 8483499.
- 15th edition (1794–1797).
- The First Part of the Institutes of the Laws of England; or, A Commentary upon Littleton: not the Name of the Author Only, but of the Law Itself. Authore Edwardo Coke, Milite. The Fifteenth Edition; Revised and Corrected, with Further Additions of Notes, References, and Proper Tables. By Francis Hargrave and Charles Butler, Esquires, of Lincoln's-Inn. Including also the Notes of Lord Chief Justice Hale and Lord Chancellor Nottingham: and an Analysis of Littleton, Written by an Unknown Hand in 1658–9, London: Printed for E. and R. Brooke, Bell-Yard, near Temple-Bar, 1794, OCLC 508864319. 3 vols.:
- The Second Part of the Institutes of the Laws of England: Containing the Exposition of Many Ancient, and Other Statutes, London: Printed for E. and R. Brooke, Bell-Yard, near Temple-Bar, 1797, OCLC 5261641.
- The Third Part of the Institutes of the Laws of England: Concerning High Treason, and Other Pleas of the Crown, and Criminal Causes, London: Printed for E. and R. Brooke, Bell-Yard, near Temple-Bar, 1797, OCLC 76956988.
- The Fourth Part of the Institutes of the Laws of England: Concerning the Jurisdiction of Courts, London: Printed for E. and R. Brooke, Bell-Yard, near Temple-Bar, 1797, OCLC 76956990.
- 19th edition (1832).
- Charles Butler, ed. (1832), The First Part of the Institutes of the Laws of England, or, A Commentary upon Littleton: not the Name of the Author Only, but of the Law Itself: ... Authore Edwardo Coke, Milite. Revised and Corrected, with Further Additions of Notes, References, and Proper Tables, by Francis Hargrave and Charles Butler, Esqrs. of Lincoln's Inn, including also the Notes of Lord Chief Justice Hale and Lord Chancellor Nottingham; and an Analysis of Littleton, Written by an Unknown Hand in 1658–9. By Charles Butler, Esq. one of His Majesty's Counsel. The Nineteenth Edition, Corrected. In Two Volumes. Vol. I (19th ed.), London: Printed for J. & W. T. Clarke; Saunders & Benning; A[lexander] Maxwell; S[tephen] Sweet; H[enry] Butterworth; Stevens & Sons; R. Pheney; and J. Richards, OCLC 66272524.
- Charles Butler, ed. (1832), The First Part of the Institutes of the Laws of England, or, A Commentary upon Littleton: not the Name of the Author Only, but of the Law Itself: ... Authore Edwardo Coke, Milite. Revised and Corrected, with Further Additions of Notes, References, and Proper Tables, by Francis Hargrave and Charles Butler, Esqrs. of Lincoln's Inn, including also the Notes of Lord Chief Justice Hale and Lord Chancellor Nottingham; and an Analysis of Littleton, Written by an Unknown Hand in 1658–9. By Charles Butler, Esq. one of His Majesty's Counsel. The Nineteenth Edition, Corrected. In Two Volumes. Vol. II (19th ed.), London: Printed for J. & W. T. Clarke; Saunders & Benning; A[lexander] Maxwell; S[tephen] Sweet; H[enry] Butterworth; Stevens & Sons; R. Pheney; and J. Richards, OCLC 66272524.
- 1st American edition (1853), based on the 19th London edition.
- Charles Butler, ed. (1853), The First Part of the Institutes of the Laws of England, or, A Commentary upon Littleton: not the Name of the Author Only, but of the Law Itself: ... Authore Edwardo Coke, Milite. Revised and Corrected, with Further Additions of Notes, References, and Proper Tables, by Francis Hargrave and Charles Butler, Esqrs. of Lincoln's Inn, including also the Notes of Lord Chief Justice Hale and Lord Chancellor Nottingham; and an Analysis of Littleton, Written by an Unknown Hand in 1658–9. By Charles Butler Esq., one of His Majesty's Counsel. First American, from the Nineteenth London Edition, Corrected. In Two Volumes. Vol. I (1st American ed.), Philadelphia, Penn.: Robert H. Small, OCLC 60713239.
- Charles Butler, ed. (1853), The First Part of the Institutes of the Laws of England, or, A Commentary upon Littleton: not the Name of the Author Only, but of the Law Itself: ... Authore Edwardo Coke, Milite. Revised and Corrected, with Further Additions of Notes, References, and Proper Tables, by Francis Hargrave and Charles Butler, Esqrs. of Lincoln's Inn, including also the Notes of Lord Chief Justice Hale and Lord Chancellor Nottingham; and an Analysis of Littleton, Written by an Unknown Hand in 1658–9. By Charles Butler Esq., one of His Majesty's Counsel. First American, from the Nineteenth London Edition, Corrected. In Two Volumes. Vol. II (1st American ed.), Philadelphia, Penn.: Robert H. Small, OCLC 60713239.
- 2003 Liberty Fund edition. Edward Coke (2003), Steve Sheppard (ed.), The Selected Writings and Speeches of Sir Edward Coke, Indianapolis, Ind.: Liberty Fund, ISBN 978-0-86597-316-9. 3 vols.
- The Selected Writings and Speeches of Sir Edward Coke. Volume One [Reports] (PDF), Indianapolis, Ind.: Liberty Fund, 2003, ISBN 978-0-86597-311-4, archived from the original (PDF) on 2 December 2013.
- The Selected Writings and Speeches of Sir Edward Coke. Volume Two [Coke's Speech and Charge at the Norwich Assizes; Excerpts from the Small Treatises; Institutes of the Lawes of England] (PDF), Indianapolis, Ind.: Liberty Fund, 2003, ISBN 978-0-86597-311-4, archived from the original (PDF) on 2 December 2013.
- The Selected Writings and Speeches of Sir Edward Coke. Volume Three [Speeches in Parliament; Appendices] (PDF), Indianapolis, Ind.: Liberty Fund, 2003, ISBN 978-0-86597-441-8, archived from the original (PDF) on 2 December 2013.