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Institutes of the Lawes of England

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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]

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.C6; Part II: KD660.C6; Parts III and IV: KD7869.C64

Contents

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A portrait of Edward Coke from the frontispiece of The Third Part of the Institutes of the Laws of England (4th ed., 1669)[7]

First Part

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See also: English land law

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

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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 Magna 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".

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. ^ 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.
  2. ^ 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).
  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. ^ 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."
  6. ^ "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.
  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 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).
  9. ^ See Second Part (1797)
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First editions

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

Selected later editions
   
   
Title pages of the first editions of the First, Second and Third and Fourth Parts of the Institutes

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