The ''Institutes of the Lawes of England'' are a series of legal treatises written by Sir
Edward Coke
Sir Edward Coke ( , formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan era, Elizabethan and Jacobean era, Jacobean eras.
Born into a ...
. They were first published, in stages, between 1628 and 1644. Widely recognized as a foundational document of the
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
, they have been cited in over 70 cases decided by the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
, including several
landmark case
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly u ...
s. For example, in ''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a List of landmark court decisions in the United States, landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protected the right to have an ...
'' (1973), Coke's ''Institutes'' are cited as evidence that under old English common law, an
abortion
Abortion is the early termination of a pregnancy by removal or expulsion of an embryo or fetus. Abortions that occur without intervention are known as miscarriages or "spontaneous abortions", and occur in roughly 30–40% of all pregnan ...
performed before
quickening was not an
indictable offence
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
. In the much earlier case of ''
United States v. E. C. Knight Co.'' (1895), Coke's ''Institutes'' are quoted at some length for their definition of
monopolies
A monopoly (from Greek and ) is a market in which one person or company is the only supplier of a particular good or service. A monopoly is characterized by a lack of economic competition to produce a particular thing, a lack of viable sub ...
. 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
David Hume (; born David Home; – 25 August 1776) was a Scottish philosopher, historian, economist, and essayist who was best known for his highly influential system of empiricism, philosophical scepticism and metaphysical naturalism. Beg ...
in 1764 requested it from the bookseller
Andrew Millar in a cheap format for a French friend.
Contents
First Part
The First Part's subtitle is a "Commentary upon Littleton", concerning
land law
Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use ...
and property law. Often called ''Coke on Littleton'' (abbreviated "Co. Litt."), it is a commentary on
Thomas de Littleton
Sir Thomas de Littleton or de Lyttleton Order of the Bath, KB Serjeant-at-law, SL(c. 1407–23 August 1481) was an English judge, undersheriff, Lord of Tixall Gatehouse, Tixall Manor, and legal writer from the Lyttelton family. He was also ma ...
's treatise on
land tenure
In Common law#History, common law systems, land tenure, from the French verb "" means "to hold", is the legal regime in which land "owned" by an individual is possessed by someone else who is said to "hold" the land, based on an agreement betw ...
.
Second Part
The Second Part's subtitle is "Containing the Exposition of Many Ancient and Other Statutes", particularly
Magna Carta
(Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
.
[See Second Part]
1797
Third Part
The Third Part's subtitle is "Concerning High Treason and other Please of the Crown and Criminal Causes".
Fourth Part
The Fourth Part's subtitle is "Concerning the Jurisdiction of the Courts".
See also
*
English land law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal sy ...
*
UK constitutional law
The United Kingdom constitutional law concerns the governance of the United Kingdom of Great Britain and Northern Ireland. With the oldest continuous political system on Earth, the British constitution is not contained in a single code but princ ...
*
English contract law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries ...
*
Books of authority
Books of authority is a term used by legal writers to refer to a number of early legal textbooks that are excepted from the rule that textbooks (and all books other than statute or law report) are not treated as authorities by the courts of England ...
*
Rule of law
The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
Notes
External links
;First editions
The ''Institutes of the Lawes of England'' are divided into four parts, the first editions of which are as follows:
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**An index of the First Part was published as .
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;Selected later editions
*Editions printed by Andrew Crooke, ''et al.'' (1669–1671).
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*Editions printed by John Streater, ''et al.'' (1670–1671).
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*Editions printed by William Rawlins, ''et al.'' (1680–1684).
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*15th edition (1794–1797).
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Volume I.
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Volume II.
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Volume III.
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*19th edition (1832).
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*1st American edition (1853), based on the 19th London edition.
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*2003 Liberty Fund edition. . 3 vols.
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{{use dmy dates, date=September 2014
17th-century books
17th century in English law
Legal history of England
Legal treatises
Works by Edward Coke
1628 books
1642 books
1644 books