Part I: KD833.C65;Part II: KD660.C642;Part III: KD7869.C65;Part IV: KD7443.C65
TheInstitutes of the Lawes of England are a series of legal treatises written by SirEdward Coke. They were first published, in stages and in some cases posthumously,[a] between 1628 and 1644.[1] Widely recognized as a foundational document of thecommon law, they have been cited in over 70 cases decided by theSupreme Court of the United States,[2] including severallandmark cases. For example, inRoe v. Wade (1973),[3] Coke'sInstitutes are cited as evidence that under old English common law, anabortion performed beforequickening was not anindictable offence. In the much earlier case ofUnited States v. E. C. Knight Co. (1895),[4] Coke'sInstitutes are quoted at some length for their definition ofmonopolies.[b] 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. TheInstitutes' various reprinted editions well into the 19th century are 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 requested it in 1764 from the booksellerAndrew Millar in a cheap format for a French friend.[6]
The First Part's subtitle is a "Commentary upon Littleton", concerningland law and property law. Often calledCoke on Littleton (abbreviated "Co. Litt."), it is a commentary onThomas de Littleton's treatise onland tenure.[8]
The Third Part's subtitle is "Concerning High Treason and other Please of the Crown and Criminal Causes". There is a reference to the ownership of thehuman corpse in this part, where Coke states that "the "buriall of the Cadaver isnullius in bonis [in the goods of no one] and belongs to Ecclesiastical cognizance".[10]
^See alsoStraus v. Victor Talking Machine Co.[5] (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".
^LexisNexis search performed 1 May 2008. See alsoImpression 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).
^First published asThomas de Littleton (1482),Tenannt en fee simple est celuy ... [A tenant infee 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 andWilliam de Machlinia in the City of London],OCLC216889609 (the title is from the opening words of the text).
An index of the First Part was published asA Table to the First Part of the Institutes of the Lawes of England, Digested into Alphabeticall Order and Method, London: M[iles] Flesher, J[ohn] Haviland, and R[obert] Young, the assigns of J[ohn] More, 1630,OCLC55166464.
Title pages of the first editions of the First, Second and Third and Fourth Parts of theInstitutes
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 forA[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 inFleetstreet,Chancery-Lane, andHolborne, 1669,OCLC11277568.
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,OCLC15509037.
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 byJohn Streater, James Flesher, and Henry Twyford, assigns ofRichard Atkins andEdward 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,OCLC457851806.
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 ofRichard Atkyns, andEdward Atkyns, Esquires, 1671,OCLC19336060.
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,OCLC10264446.
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 nextGrays-In Lane, and at the Judges Head in Chancery Lane near Fleetstreet, 1684,OCLC12367687.
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 nearSt. Dunstan’s Church in Fleet-street, 1681,OCLC8483618.
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,OCLC12395626
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,OCLC8483499.
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, nearTemple-Bar, 1794,OCLC508864319. 3 vols.:
2003 Liberty Fund edition.Edward Coke (2003), Steve Sheppard (ed.),The Selected Writings and Speeches of Sir Edward Coke, Indianapolis, Ind.:Liberty Fund,ISBN978-0-86597-316-9. 3 vols.