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Institutes of the Lawes of England

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Legal treatises by Sir Edward Coke
Institutes of the Lawes of England
Title page of the first volume of the first edition
AuthorEdward Coke
LanguageEnglish
SubjectEnglish law
GenreNon-fiction
Published1628–1644
Publication placeEngland
PagesPart I: 395;Part II: 745;Part III: 243;Part IV: 364
LC ClassPart 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]

Contents

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A portrait ofEdward Coke from thefrontispiece ofThe Third Part of the Institutes of the Laws of England (4th ed., 1669)[7]
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This sectionneeds expansion. You can help byadding missing information.(October 2020)

First Part

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See also:English land law

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]

Second Part

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See also:Ancient constitution of England

The Second Part's subtitle is "Containing the Exposition of Many Ancient and Other Statutes", particularly theMagna Carta.[9]

Third Part

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See also:English criminal law

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]

Fourth Part

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The Fourth Part's subtitle is "Concerning the Jurisdiction of the Courts".

See also

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Notes

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  1. ^Coke died in 1634.
  2. ^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".

References

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  1. ^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 fromthe original on 7 May 2013.
  2. ^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).
  3. ^Roe v. Wade,410 U.S.113, 134 (1973).
  4. ^United States v. E. C. Knight Co.,156 U.S.1, 10 (1895).
  5. ^243 U.S. 490, 501
  6. ^"The manuscripts, Letter from Andrew Millar to David Hume, 24 April, 1764. Andrew Millar Project".www.millar-project.ed.ac.uk. University of Edinburgh. Retrieved3 June 2016.
  7. ^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.
  8. ^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],OCLC 216889609 (the title is from the opening words of the text).
  9. ^See Second Part (1797)
  10. ^Section 3-203, quoted inEngland and Wales Court of Appeal (Civil Division),Jonathan Yearworth & Ors v North Bristol NHS Trust [2009] EWCA Civ 37, paragraph 31, delivered on 4 February 2009, accessed on 2 December 2025

External links

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Wikimedia Commons has media related toInstitutes of the Lawes of England by Edward Coke.
First editions

TheInstitutes of the Lawes of England are divided into four parts, the first editions of which are as follows:

Selected later editions
First Part of the Institvtes of the Lawes of England (1st ed., 1628, title page)Second Part of the Institutes of the Lawes of England (1st ed., 1642, title page)
Third Part of the Institutes of the Laws of England (1st ed., 1644, title page)Fourth Part of the Institutes of the Laws of England (1st ed., 1644, title page)
Title pages of the first editions of the First, Second and Third and Fourth Parts of theInstitutes

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