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{{Short description|Legal treatises by Sir Edward Coke}}

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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.{{citation|author=Paul Axel-Lute|title=Finding English Statutes & Cases & Selected “Books of Authority” at the Rutgers–Newark Law Library|url=http://law-library.rutgers.edu/resources/english-statutes-and-cases.php#books|archiveurl=https://web.archive.org/web/20130507082337law-library.rutgers.edu/resources/english-statutes-and-cases.php|archivedate=7 May 2013|publisher=Rutgers Law Library – Newark|date=4 January 2010}}. 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,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). including several landmark cases. For example, in Roe v. Wade (1973),Roe v. Wade, {{ussc|410|113|pin=134|1973}}. 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),United States v. E. C. Knight Co., {{ussc|156|1|pin=10|1895}}. Coke’s Institutes are quoted at some length for their definition of monopolies.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 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.WEB,www.millar-project.ed.ac.uk/manuscripts/html_output/3.html, The manuscripts, Letter from Andrew Millar to David Hume, 24 April, 1764. Andrew Millar Project. University of Edinburgh., www.millar-project.ed.ac.uk, 2016-06-03,

Contents

File:Portrait of Edward Coke (1669) by R White.jpg|thumb|right|A portrait of Edward Coke from the (book frontispiece|frontispiece]] of The Third Part of the Institutes of the Laws of England (4th ed., 1669){{citation|title=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|url=https://books.google.com/books?id=E5A0AAAAIAAJ|edition=4th|location=London|publisher=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|year=1669|oclc=9515015}}.)

First Part

{{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.First published as {{citation|author=Thomas de Littleton|authorlink=Thomas de Littleton|title=Tenannt en fee simple est celuy ... [A tenant in fee simple is he who ...]|location=London|publisher=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]|year=1482|oclc=216889609}} (the title is from the opening words of the text).

Second Part

{{see also|Ancient constitution of England}}The Second Part’s subtitle is “Containing the Exposition of Many Ancient and Other Statutes”, particularly Magna Carta.See Second Part (1797)

Third Part

{{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

The Fourth Part’s subtitle is “Concerning the Jurisdiction of the Courts”.{{expand section|date=October 2020}}

See also

• English land law
• UK constitutional law
• English contract law
• Books of authority
• Rule of law

Notes

{{Reflist|2}}

External links

{{Commons category|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:

• {{citation|title=(:File:Edward Coke, The First Part of the Institvtes of the Lawes of England (1st ed, 1628).pdf|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)|location=London|publisher=Printed [by Adam Islip] for the Societe of Stationers|year=1628|oclc=84760833}}.
  • An index of the First Part was published as {{citation|title=A Table to the First Part of the Institutes of the Lawes of England, Digested into Alphabeticall Order and Method|location=London|publisher=M[iles] Flesher, J[ohn] Haviland, and R[obert] Young, the assigns of J[ohn] More|year=1630|oclc=55166464}}.
• {{citation|title=(:File:Edward Coke, The Second Part of the Institutes of the Lawes of England (1st ed, 1642).pdf|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)|location=London|publisher=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]|year=1642|page=&91;akeman] |oclc=228722563}}.
• {{citation|title=(:File:Edward Coke, The Third Part of the Institutes of the Laws of England (1st ed, 1644).pdf|The Third Part of the Institutes of the Laws of England: Concerning High Treason, and Other Pleas of the Crown, and Criminall Causes)|location=London|publisher=Printed by M[iles] Flesher, for W[illiam] Lee and D[aniel] Pakeman|year=1644|oclc=12388731}}.
• {{citation|title=(:File:Edward Coke, The Fourth Part of the Institutes of the Laws of England (1st ed, 1644).pdf|The Fourth Part of the Institutes of the Laws of England: Concerning the Jurisdiction of Courts)|location=London|publisher=Printed ... by M[iles] Flesher, for W[illiam] Lee, and D[aniel] Pakeman|year=1644|oclc=83289236}}.

Selected later editions{| align=“right” width=“25%” style="background: #DCDCDC”

(File:Edward Coke, The First Part of the Institvtes of the Lawes of England (1st ed, 1628, title page) - 20131124.jpgFirst Part of the Institvtes of the Lawes of England (1st ed., 1628, title page))(File:Edward Coke, The Second Part of the Institutes of the Lawes of England (1st ed, 1642, title page) - 20131124.jpgSecond Part of the Institutes of the Lawes of England (1st ed., 1642, title page))(File:Edward Coke, The Third Part of the Institutes of the Laws of England (1st ed, 1644, title page) - 20131123.jpgThird Part of the Institutes of the Laws of England (1st ed., 1644, title page))(File:Edward Coke, The Fourth Part of the Institutes of the Laws of England (1st ed, 1644, title page).jpgFourth 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 the Institutes

• Editions printed by Andrew Crooke, et al. (1669–1671).
  • {{citation|title=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.|edition=3rd|location=London|publisher=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|year=1669|oclc=11277568}}.
  • {{citation|title=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|url=https://books.google.com/books?id=E5A0AAAAIAAJ|edition=4th|location=London|publisher=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|year=1669|oclc=9515015}}.
  • {{citation|title=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|edition=4th|location=London|publisher=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|year=1669|oclc=15509037}}.
• Editions printed by John Streater, et al. (1670–1671).
  • {{citation|title=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|edition=7th|location=London|publisher=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|year=1670|oclc=457851806}}.
  • {{citation|title=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|edition=5th|location=London|publisher=Printed by John Streater, Henry Twyford, Elizabeth Flesher, assigns of Richard Atkyns, and Edward Atkyns, Esquires|year=1671|oclc=19336060}}.
  • {{citation|title=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|edition=4th|location=London|publisher=Printed by John Streater, James Flesher, Henry Twyford, assigns of Richard Atkyns, and Edward Atkyns Esquires|year=1670|oclc=10264446}}.
  • {{citation|title=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|url=https://books.google.com/books?id=XlE0AAAAIAAJ|edition=5th|location=London|publisher=Printed by John Streater, Henry Twyford, Elizabeth Flesher, assigns of Richard Atkyns, and Edward Atkyns, Esquires|year=1671|oclc=558018397}}.
• Editions printed by William Rawlins, et al. (1680–1684).
  • {{citation|title=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|edition=9th|location=London|publisher=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|year=1684|oclc=12367687}}.
  • {{citation|title=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.|edition=6th|location=London|publisher=Printed by W[illiam] Rawlins, for Thomas Basset at the George near St. Dunstan’s Church in Fleet-street|year=1681|oclc=8483618}}.
  • {{citation|title=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|edition=6th|location=London|publisher=Printed by W[illiam] Rawlins, for Thomas Basset at the George near St. Dunstans Church in Fleet-street|year=1680|oclc=12395626}}
  • {{citation|title=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|url=http://sceti.library.upenn.edu/sceti/printedbooksNew/index.cfm?TextID=coke_insts3&PagePosition=1|edition=6th|location=London|publisher=Printed by W[illiam] Rawlins, for Thomas Basset at the George near St. Dunstans Church in Fleet-street|year=1681|oclc=237336410}}.
  • {{citation|title=The Fourth Part of the Institutes of the Laws of England: Concerning the Jurisdiction of Courts. The Sixth Edition. Authore Edw. Coke Milite|edition=6th|location=London|publisher=Printed by W[illiam] Rawlins, for Thomas Basset at the George near St. Dunstans Church in Fleet-street|year=1681|oclc=8483499}}.
• 15th edition (1794–1797).
  • {{citation|title=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|location=London|publisher=Printed for E. and R. Brooke, Bell-Yard, near Temple-Bar|year=1794|oclc=508864319}}. 3 vols.:
    • (:File:Edward Coke, The First Part of the Institutes of the Laws of England (1794, Part I).pdf|Volume I).
    • (:File:Edward Coke, The First Part of the Institutes of the Laws of England (1794, Part II).pdf|Volume II).
    • (:File:Edward Coke, The First Part of the Institutes of the Laws of England (1794, Part III).pdf|Volume III).
  • {{citation|title=(:File:Edward Coke, The Second Part of the Institutes of the Laws of England (1797).pdf|The Second Part of the Institutes of the Laws of England: Containing the Exposition of Many Ancient, and Other Statutes)|location=London|publisher=Printed for E. and R. Brooke, Bell-Yard, near Temple-Bar|year=1797|oclc=5261641}}.
  • {{citation|title=(:File:Edward Coke, The Third Part of the Institutes of the Laws of England (1797).pdf|The Third Part of the Institutes of the Laws of England: Concerning High Treason, and Other Pleas of the Crown, and Criminal Causes)|location=London|publisher=Printed for E. and R. Brooke, Bell-Yard, near Temple-Bar|year=1797|oclc=76956988}}.
  • {{citation|title=(:File:Edward Coke, The Fourth Part of the Institutes of the Laws of England (1797).pdf|The Fourth Part of the Institutes of the Laws of England: Concerning the Jurisdiction of Courts)|location=London|publisher=Printed for E. and R. Brooke, Bell-Yard, near Temple-Bar|year=1797|oclc=76956990}}.
• 19th edition (1832).
  • {{citation|editor=Charles Butler|editor-link=Charles Butler (lawyer)|title=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|url=https://books.google.com/books?id=NOgyAAAAIAAJ|edition=19th|location=London|publisher=Printed for J. & W. T. Clarke; Saunders & Benning; A[lexander] Maxwell; S[tephen] Sweet; H[enry] Butterworth; Stevens & Sons; R. Pheney; and J. Richards|year=1832|oclc=66272524}}.
  • {{citation|editor=Charles Butler|editor-link=Charles Butler (lawyer)|title=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|url=https://books.google.com/books?id=j_EyAAAAIAAJ|edition=19th|location=London|publisher=Printed for J. & W. T. Clarke; Saunders & Benning; A[lexander] Maxwell; S[tephen] Sweet; H[enry] Butterworth; Stevens & Sons; R. Pheney; and J. Richards|year=1832|oclc=66272524}}.
• 1st American edition (1853), based on the 19th London edition.
  • {{citation|editor=Charles Butler|title=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|url=https://books.google.com/books?id=GOgKAAAAYAAJ|edition=1st American|location=Philadelphia, Penn.|publisher=Robert H. Small|year=1853|oclc=60713239}}.
  • {{citation|editor=Charles Butler|title=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|url=https://books.google.com/books?id=JPIKAAAAYAAJ|edition=1st American|location=Philadelphia, Penn.|publisher=Robert H. Small|year=1853|oclc=60713239}}.
• 2003 Liberty Fund edition. {{citation|author=Edward Coke|editor=Steve Sheppard|title=The Selected Writings and Speeches of Sir Edward Coke|location=Indianapolis, Ind.|publisher=Liberty Fund|year=2003|isbn=978-0-86597-316-9}}. 3 vols.
  • {{citation|title=The Selected Writings and Speeches of Sir Edward Coke. Volume One &91;Reports&93;|url=http://www.dominiopublico.gov.br/download/texto/0462-01_Bk.pdf|archiveurl=https://web.archive.org/web/20131202232234www.dominiopublico.gov.br/download/texto/0462-01_Bk.pdf|archivedate=2 December 2013|location=Indianapolis, Ind.|publisher=Liberty Fund|year=2003|isbn=978-0-86597-311-4}}.
  • {{citation|title=The Selected Writings and Speeches of Sir Edward Coke. Volume Two &91;Coke’s Speech and Charge at the Norwich Assizes; Excerpts from the Small Treatises; Institutes of the Lawes of England&93;|url=http://www.dominiopublico.gov.br/download/texto/0462-02_Bk.pdf|archiveurl=https://web.archive.org/web/20131202231724www.dominiopublico.gov.br/download/texto/0462-02_Bk.pdf|archivedate=2 December 2013|location=Indianapolis, Ind.|publisher=Liberty Fund|year=2003|isbn=978-0-86597-311-4}}.
  • {{citation|title=The Selected Writings and Speeches of Sir Edward Coke. Volume Three &91;Speeches in Parliament; Appendices&93;|url=http://www.dominiopublico.gov.br/download/texto/0462-03_Bk.pdf|archiveurl=https://web.archive.org/web/20131202231320www.dominiopublico.gov.br/download/texto/0462-03_Bk.pdf|archivedate=2 December 2013|location=Indianapolis, Ind.|publisher=Liberty Fund|year=2003|isbn=978-0-86597-441-8}}.

{{Use British English|date=September 2014}} {{use dmy dates|date=September 2014}}