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Selected Writings of Sir Edward Coke, Vol. II [1606]

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Selected Writings of Sir Edward Coke, Vol. II [1606] The Online Library of Liberty A Project Of Liberty Fund, Inc. Sir Edward Coke, Selected Writings of Sir Edward Coke, vol. II [1606] The Online Library Of Liberty This E-Book (PDF format) is published by Liberty Fund, Inc., a private, non-profit, educational foundation established in 1960 to encourage study of the ideal of a society of free and responsible individuals. 2010 was the 50th anniversary year of the founding of Liberty Fund. It is part of the Online Library of Liberty web site http://oll.libertyfund.org, which was established in 2004 in order to further the educational goals of Liberty Fund, Inc. To find out more about the author or title, to use the site's powerful search engine, to see other titles in other formats (HTML, facsimile PDF), or to make use of the hundreds of essays, educational aids, and study guides, please visit the OLL web site. This title is also part of the Portable Library of Liberty DVD which contains over 1,000 books and quotes about liberty and power, and is available free of charge upon request. The cuneiform inscription that appears in the logo and serves as a design element in all Liberty Fund books and web sites is the earliest-known written appearance of the word “freedom” (amagi), or “liberty.” It is taken from a clay document written about 2300 B.C. in the Sumerian city-state of Lagash, in present day Iraq. To find out more about Liberty Fund, Inc., or the Online Library of Liberty Project, please contact the Director at [email protected]. LIBERTY FUND, INC. 8335 Allison Pointe Trail, Suite 300 Indianapolis, Indiana 46250-1684 Online Library of Liberty: Selected Writings of Sir Edward Coke, vol. II Edition Used: The Selected Writings and Speeches of Sir Edward Coke, ed. Steve Sheppard (Indianapolis: Liberty Fund, 2003). Vol. 2. Author: Sir Edward Coke Editor: Steve Shepherd About This Title: Vol. 2 of a 3 vol. set of The Selected Writings. This volume contains Coke’s Speech at Norwich, excerpts from the small treatises, and excerpts from the 4 parts of the Institutes. PLL v6.0 (generated September, 2011) 2 http://oll.libertyfund.org/title/912 Online Library of Liberty: Selected Writings of Sir Edward Coke, vol. II About Liberty Fund: Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals. Copyright Information: The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc. Fair Use Statement: This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes. It may not be used in any way for profit. PLL v6.0 (generated September, 2011) 3 http://oll.libertyfund.org/title/912 Online Library of Liberty: Selected Writings of Sir Edward Coke, vol. II Table Of Contents II: Coke’s Speech and Charge At the Norwich Assizes (preface, Written By Robert Prickett) The Lord Coke, the Preface to His Charge Given At the Assises Houlden In Norwich, the Fourth of August, 1606. ¶ Here Followeth the Words of His Charge In Order. III: Excerpts From the Small Treatises A. Book of Entries The Preface of Sr. Edward Coke, Knight Lord Chiefe Justice of England of Pleas Before the King Himselfe to Be Holden Assigned, and One of the Lords of His Majesties Most Honorable Privie Councell. B. the Compleat Copyholder Sec. XXXIII. C. Little Treatise On Baile and Mainprize The Conclusion With Advertisment. IV: Excerpts From the Institutes A. the First Part of the Institutes The Preface. Section 1 Fee Simple Section 2 Fee Simple Section 3 Fee Simple Section 4 Fee Simple Section 5 Fee Simple Section 7 Fee Simple Section 8 Fee Simple Section 9 Fee Simple Section 10 Fee Simple Section 11 Fee Simple Section 12 Fee Simple Section 21 Fee Tail, Part 2 Section 69 Tenant At Will, Part 2 Section 80 Tenant By the Verge, Part 3 Section 96 Escuage, Part 2 Section 108 Knight’s Service, Part 6 Section 138 Frankalmoin, Part 5 Section 170 Tenure In Burgage, Part 9 Section 199 Villenage, Part 18 Section 342 Conditional Estates, Part 17 Section 366 Conditional Estates, Part 41 Section 372 Conditional Estates, Part 47 Section 412 Descents, Part 27 Section 464 Releases, Part 20 Section 481 Releases, Part 37 Section 723 Warranty, Part 30 Section 728 Fee Warranty, Part 35 PLL v6.0 (generated September, 2011) 4 http://oll.libertyfund.org/title/912 Online Library of Liberty: Selected Writings of Sir Edward Coke, vol. II Epilogue B. the Second Part of the Institutes Deo, Patriae, Tibi. Magna Charta, C. The Third Part of the Institutes Deo, Patriae, Tibi. Cap. I. of High Treason. Cap. II. of Petit Treason. Cap. III. of Misprision of Treason. | Cap. IV. Felony By Compassing Or Conspiring to Kill the King, Or Any Lord Or Other, of the Kings Counsell. Cap. V. of Heresie. | Cap. VI. of Felony By Conjuration, Witchcraft, Sorcery, Or Inchantment. | Cap. Lxii. of Indictments. D. The Fourth Part of the Institutes Deo, Patriae, Tibi. Cap. I. of What Persons This Court Consisteth. Cap. VII. the Court of Kings Bench, Coram Rege. 1 EDWARD COKE PLL v6.0 (generated September, 2011) 5 http://oll.libertyfund.org/title/912 Online Library of Liberty: Selected Writings of Sir Edward Coke, vol. II [Back to Table of Contents] II Coke’S Speech And Charge At The Norwich Assizes In 1606, Coke was sitting as justice in the Court of Assizes in Norwich. As was the custom, he charged the grand jury with the forms of crime it should consider in bringing indictments, but he particularly suggested the jurors should be concerned with official misconduct. The charge was recorded and published by Robert Pricket in London in 1607 under the title The Lord Coke His Speech and Charge. With a Discoverie of the Abuses and Corruption of Officers. Coke realized the charge was politically volatile, and it appears he was criticized at court, so, in the preface to his Seventh Part of the Reports, published in 1608, he repudiated the publication of the charge as misrepresenting his comments and being full of errors. See p. 164.—Ed. PLL v6.0 (generated September, 2011) 6 http://oll.libertyfund.org/title/912 Online Library of Liberty: Selected Writings of Sir Edward Coke, vol. II [Back to Table of Contents] (Preface, Written By Robert Prickett) To The Right Honourable The Earle Of Exceter, Knight of the most Honorable order of the Garter: and one of the Lordes of his Majesties most Honorable privie Counsel. R. P. wisheth all encrease of Honor and endlesse happinesse.1 May it please your Hon. The observation which this world begets, may teach experience truly to report, that Love and Charity are for the most part growne so cold, even in the hotest Sun-shine of our Profession, as that despised Povertie, though addicted to the Religious exercise of endevors commendable, is in the best employment (which seemes with greatest Favor to smile upon his Hope) so coldly recompensed, as that pooreunpitieddejected miserable Povertie knowes neither Meanes nor Place how or where to warme it selfe. Unhappie I, in this best time of greatest happines, who being as I am a Poore dispised, hated, scorned, and unrespected Souldier so unfortunate as no commended meanes, though many used, with confirmation both of love and Loyaltie, can bee of power from dispayres Gulfe, to raise a Spirit drowned, in worst of misery: but were I not indeered unto those by heaven made mine, who are indeed, to me, their life, more deare from whom there is no way to run, unlesse in me, selfe being be disolved, I would assuredly by heavens assistance in some honest War with use of Armes, give to my life so long as I should live, a living maintenance: but now Immured in my native home, unseperably Yoakt2 with leane-fact povertie. I have experience to conclude that as it is most certaine Pax procreat Bellum,3 so is it no lesse true, that a confirmed Peace, Non amat Filios belli,4 untill she hath need of them. In this estate not knowing how to mend my selfe, Religions Lawe shall make my resolution honest, & though Rerum conditionem mutare non possum,5 yet I will have power to say Hoc possum magnum sumere animam et viro forti dignum,6 with patience therefore shal my grieved thoughts joyfully be thrown upon my makers providence bywhose assistance I will still resolve with a constant Bosome to persist in the prosecution of commendeddeedes, for this I know Spes mea, Christo vivens, Est vivere ut semper vivam.7 And thus, my Honorable Lord, having breathed forth a sight unto the grace of your compassionate respect: I humbly craveyour Honorwill vouch-safe, to patronize in this little booke (by me collected) not my owne but the words of that reverend and learned Judge, the Lord Coke, who at his coming to Norwich, did at the Assises there upon the bench, deliver a charge so exelent as that it worthyly deserves to bee continued in perpetuall memorie, which being thus prodused to a publique view, I hope it shall unto our Publickeweale remaine a worthy presedent, wherein Romes champions may with shame decerne their long continued shamefull practices, Puritans & Sismatickes PLL v6.0 (generated September, 2011) 7 http://oll.libertyfund.org/title/912 Online Library of Liberty: Selected Writings of Sir Edward Coke, vol.
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