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 Edward Coke in the 17th century. They are 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,[1] including several landmark cases. For example, in Roe v. Wade,[2] Coke's Institutes are cited as evidence that under old English common law, an abortion performed before "quickening" was not an indictable offense. In the much earlier case of United States v. E. C. Knight Co.,[3] Coke's Institutes are quoted at some length for their definition of monopolies.

The Institutes are divided into three primary works:

  1. The First Part of the Institutes of the Laws of England, or, a Commentary upon Littleton. (Orig. ~1628, 1778 ed.)
  2. The Second Part of the Institutes of the Laws of England; Containing the Exposition of Many Ancient and Other Statutes. (Orig. ~1628, 1797 ed.)
  3. The Third Part of the Institutes of the Laws of England; Concerning High Treason, and Other Pleas of the Crown and Criminal Causes. (Orig. ~1628, 1797 ed.)

[edit] References

  1. ^ LexisNexis search performed May 1, 2008.
  2. ^ Roe v. Wade, 410 U.S. 113, 134 (1973).
  3. ^ United States v. E. C. Knight Co., 156 U.S. 1, 10 (1895).

[edit] External links

  • Three volumes of Coke's writings, with translations, notes, commentary, and an introduction, have been published as The Selected Writings of Sir Edward Coke, edited by Steve Sheppard (ISBN 0-86597-316-4). They are available individually as PDF files: vol 1 (pp. 1–520), vol 2 (pp. 521–1184), vol 3 (pp. 1185–1468). These also contain “The First Part of the Institutes of the Lawes of England: Or A Commentary upon Littleton, Not the name of the Author only, but of the Law it selfe”.
  • Selected Works of Edward Coke at the Liberty Library of Constitutional Classics, Commentary on English common and statutory law, including the Institutes and the Reports.