Coke's Pages![]() |
Frist published on the web in the year 2000 AD.
These pages dedicated to my great ancestor Sir Edward Coke, and for the "Common Liberties" that he helped to ensure for every Free Soul.
Through Coke, whose four-volume Institutes of the Laws of England was widely read by American law students, young colonists such as John Adams, Thomas Jefferson, and James Madison learned of the spirit of the charter and the common law--or at least Coke's interpretation of them. Later, Jefferson would write to Madison of Coke: "a sounder whig never wrote, nor of profounder learning in the orthodox doctrines of the British constitution, or in what were called English liberties."
| "The law is the surest sanctuary that a man can take, and the strongest fortress to protect the weakest of all; "Lex est tutissima cassis." | Edward Coke (1552-1634) |
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Sir Edward Coke's reinterpretation of Magna Carta provided an argument for universal liberty in England and gave American colonists a basis for their condemnation of British colonial policies. (Library of Congress) His story |
Four hundred years later and not much has changed. Or should I say...
"They (corporations) cannot commit treason, nor be outlawed or excommunicate, for they have no souls." Case of Suttons's hospital, 10 Rep. 32.
Edward Coke said these words over 400 years ago and the Kings and Queens of the day disliked it. I believe that today these statements are even more valid and that "the Lords of today" still dislike these ideas. For an idea can spread as fast as the wind, has no shape to describe, cannot be jailed, fined or taxed, and can never ever die. - Complete Freedom
| Coke Quotes |
Bonham's Case 1610
In many cases the Common Law will control Acts of Parliament and some times adjudge them to be utterly void; for when an Act of Parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it and adjudge such Act to be void.
To better understand this statement, I have found this article called Judicial Review and Governmental Self-Restraint. In specific, footnote #10 and 12. Footnote #66 may be of interest too.
To the Reader mine advise is, that in reading of these or any new Reports, he neglect not in any case the reading of the ould Bookes of yeeres Reported in former ages, for assuredly out of the ould fields must spring and grow the new Corn. --Sir Edward Coke (1600)
"How long so ever it hath continued, if it be against reason, it is of no force in law." - Institutes, `Commentary upon Littleton', I. 80
"Quad Rex non debet esse sub homine, sed sub deo et Lege." (The King himself should be under no man, but under God and the Law.)
"Magna Charta is such a fellow that he will have no sovereign. "Debate in the Commons, May 17, 1628.
"The house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose. "Semayne's Case, 5 Rep. 91.
Here is the "gist" of The Petition of Right, 1628
"An Act for the better securing of every free man touching property of his goods and liberty of his person... "Be is now enacted that no free man shall be committed by the command of the King or the Privy Council but the cause ought to be expressed and the same being returned upon a Habeas Corpus, he shall be delivered or bailed... Be in now enacted that no tax, tallage, or loan shall be levied by the King or any minister without Act of Parliament and that none be compelled to receive any soldier into his house against his will, and no martial law during peace time..." (note the foundations for writ of habeas corpus, powers of congress and language within the now United States Constitution.)
"The law is the surest sanctuary that a man can take, and the strongest fortress to protect the weakest of all; "Lex est tutissima cassis."
Reason is the life of the law; nay, the common law itself is nothing else but reason.... The law, which is perfection of reason. 1 Ibid.
| Related Documents |
A Copy of the Great Charter of 1215 (Magna Carta)
A Copy of the MAGNA CARTA & CONFORMATIO CARTARUM Interpretation. A must read if you are new to the Creat Charter. It puts it in todays perspective.
So just what is a constitution? Excerpt From: Notes on the State of Virginia By Thomas Jefferson.
A Copy of the Petition of Right, 1628
In making reference to Coke's Institutes, Jefferson said: "it can no longer be doubted that this is the best elementary work for a beginner in the study of law." The First Part of the Institutes of the Laws of England by Sir Edward Coke (his commentary upon Littleton)
A Copy of the British North America Act of 1867
| Informative Items and Links |
Here is a Great link to Index Of Coke's Third Institutes On The Magna Carta
A link to Magna Carta and its American Legacy
Some Delta Chi allumni - Gives new context of meaning to Kevin Costners' "Postman"!
The John Locke (1632-1704) Institute. Ascribes to his theory that society is based on the law of nature and that the individual is the ultimate source of political sovereignty.
What the British Columbia Parliment Buildings have to say in regards to the relationship of the Magna Carta and the Canadian Constitution....... You may be surprised!
Music: Fanfare for the Common Man
By Emerson, Lake, & Palmer
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