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]
Contents
First Part
Script error: No such module "Labelled list hatnote". 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
Script error: No such module "Labelled list hatnote". 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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Fourth Part
The Fourth Part's subtitle is "Concerning the Jurisdiction of the Courts".
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See also
Notes
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- ↑ Script error: No such module "citation/CS1"..
- ↑ 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).
- ↑ Roe v. Wade, 410 U.S. 113, 134 (1973).
- ↑ United States v. E. C. Knight Co., 156 U.S. 1, 10 (1895).
- ↑ 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."
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- ↑ First published as Script error: No such module "citation/CS1". (the title is from the opening words of the text).
- ↑ See Second Part (1797)
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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 Script error: No such module "citation/CS1"..
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- 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 the Institutes | |
- 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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- 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. Script error: No such module "citation/CS1".. 3 vols.
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