The Online Library of Liberty

A project of Liberty Fund, Inc.

• Acknowledgments and Dedicatory
• A Note On the Texts, Editions, and Translations
• Introduction
• Chronology of Events
• Editions of Coke’s Works
• Mottoes and Crests of Sir Edward Coke
• I: Reports
• Part One of the Reports
• The Preface to the Reader.
• Shelley’s Case.
• Part Two of the Reports
• (preface) to the Learned Reader.
• Manser’s Case.
• The Case of Bankrupts.
• |[46 A] the Archbishop of Canterbury’s Case. *
• Part Three of the Reports
• (preface) to the Reader.
• Heydon’s Case.
• Fermor’s Case.
• Part Four of the Reports
• (preface) to the Reader.
• The Lord Cromwell’s Case. *
• Cutler V. Dixon.
• Vaux’s Case.
• Slade’s Case.
• Part Five of the Reports
• (preface) to the Reader.
• Foster’s Case.
• Cases of By-laws and Ordinances the Chamberlain of London’s Case.
• Clark’s Case.
• The Case of Market-overt.
• Semayne’s Case.
• Rooke’s Case.
• Pinnel’s Case.
• |[125 A] the Case De Libellis Famosis.
• Part Six of the Reports
• (preface) to the Reader.
• Jentleman’s Case.
• Part Seven of the Reports
• (preface) Deo, Patriae, Tibi. 2
• Calvin’s Case, Or the Case of the Postnati. 1
• The Case of Swans.
• Penal Statutes.
• Part Eight of the Reports
• (preface) Deo, Patriae, Tibi. 3
• Vynior’s Case. *
• Dr. Bonham’s Case.
• The Case of Thetford School, &c.
• Part Nine of the Reports
• (preface) Deo, Patriae, Tibi. 3
• William Aldred’s Case.
• John Lamb’s Case.
• Mackalley’s Case. (in the Killing of the Sergeant of London.)
• Part Ten of the Reports
• (preface) Deo, Patriae, Tibi. 5
• The Case of Sutton’s Hospital.
• The Case of the Isle of Ely.
• Part Eleven of the Reports
• (preface) Deo, Patriae, Tibi. 4
• The Lord De La Warre’s Case.
• The Case of the Tailors of Habits &c. of Ipswich.
• The Case of Monopolies.
• James Bagg’s Case.
• Part Twelve of the Reports
• Ford and Sheldon’s Case.
• Case of Non Obstante, Or Dispensing Power.
• Q. If High Commissioners Have Power to Imprison.
• Floyd and Barker.
• Of Oaths Before an Ecclesiasticall Judge Ex Officio.
• Of Pardons.
• Customs, Subsidies, and Impositions.
• Buggery. 1
• Premunire.
• Nicholas Fuller’s Case.
• Sir Anthony Roper’s Case.
• Sir Anthony Roper’s Case.
• The Case of Heresy.
• Langdale’s Case.
• Mouse’s Case.
• Prohibitions Del Roy.
• The Lord Aburgaveney’s Case.
• Of Convocations.
• Proclamations.
• Thomlinson’s Case.
• Walter Chute’s Case.
• Sir Stephen Procter’s [proctor’s] Case.
• Exaction of Benevolence.
• Part Thirteen of the Reports
• (preface) to the Reader.
• Prohibitions.
• The Case De Modo Decimandi, 1 and of Prohibitions, Debated Before the Kings Majesty.

(Preface) Deo, Patriae, Tibi.4

Of writing of many Books, faith Solomon, there is no end; which is understood of such as are written to no end: I mean therefore (Learned Reader) by way of Preface to propose unto you in few words, the substance of the Cases in this eleventh Work, whereby you will easily collect the end and scope of the same.

I. In the first place I report the Case of the Lord LaWare, resolved in Parliament holden in the 39th. year of the Reign of Queen Elizabeth wherein appeareth what Disabilities are personal and temporary, and barreth not the Heir to claim Honour and Dignity from that Ancestor so disabled, or from any other Ancestor paramount him; and also what Disablities are in Law absolute and perpetual.

II. In the second place followeth Auditor Curles Case, resolved in the 7th. year of the most happy Reign of King James: in this case is resolved, That Judicial Offices cannot be granted in Reversion, but that generally such Grants by the Common Law of England are utterly void, and therefore though this Case be calculated for the Meridian of the Court of Wards, yet by computation it may serve for all the Judicial Courts of England: a necessary Case I assure you to be published, and the Law to be put in ure in these days: in which case are also handled some other particular Points concerning the Office of the said Auditorship in the Court of Wards.

III. Then cometh in Sir John Heydon’s Case, adjudged in Trinity-Term 10 Regis Jacobi; wherein is perspicuously expressed, where Damages shall be severally assessed by the Jurors; and where the first Jury between the Plaintiff and one of the Defendants shall assess Damages for all the Defendants, and where not: whereby all the Books are well reconciled; for want of right Understanding whereof, many Judgments have been arrested, many that have been given, have been overthrown by Writ of Error, to the great charge, delay and vexation of the Party grieved.

IV. After this appeareth the Case of Priddle and Napper in Michaelmas-Term 10 Jacobi Regis; and therein is set down what Unity is sufficient within the Statute of 31 Hen. 8. to discharge the Land of Tithes, with divers other Points concerning the same.

V. Next after Doctor Graunts Case presenteth it self, adjudged Michaelmas-Term 11 Jacobi Regis, whereby you may see where Parsons and Vicars may have certain Tithes for Houses in Cities, Boroughs, &c.

VI. Then you shall read the Case of Sir Henry Nevil, adjudged Michaelmas-Term 11 Jacobi Regis: and understand that a Customary Mannor may be holden by Copy, and that such a Lord may hold Courts, and grant Copies.

VII. Now cast your Eye upon Doctor Ayrayes Case, adjudged Michaelmas-Term 11 Regis Jacobi; wherein you shall perceive what be material misnamings of Corporations, either to avoid their own Grants by mistaking their own Name, or Grants made to them: a Case that concerns the Good and Quiet, not only of Colledges and other Coporations, but of their Farmors, Lessees, and other that claim under them.

VIII. Then is offered to your view Henry Harpurs Case, resolved Trinity-Term 12 Jacobi Regis; wherein Men are directed how the Kings Tenant that holdeth by Knights Service in Capite, may dispose two parts of his Lands, &c. for the payment of his Debts, advancement of his Wife, preferment of his younger Children, or otherwise according to Law, and leave no trouble or question after his Death, between his Heir and the Devisees; the want of Knowledge whereof hath tended, if not to the undoing, yet to the great hinderance of many Families.

IX. Next to this have I reported Henry Pigots Case, adjudged Trinity-Term 12 Jacobi Regis, to instruct the Reader what alteration of any Deed after the ensealing and delivery, and by whom, avoideth the Deed.

X. By this time I presume you have expected and desired to see the Case of Alexander Poulter, that most wickedly and feloniously burnt the good Town of Newmarket, who upon consideration of many intricate, and ill penned Statutes, in the end was clearly (as you shall perceive) ousted of his Clergy; wherein many notable and observable Points concerning Clergy, which by a mean concern the Life of Man, are resolved, Mich. 12 Jacobi.

XI. And lest there should be error in bringing of a Writ of Error, Metcalfes Case, Michaelmas-Term 12 Jacobi hath gotten the next place: wherein is plainly discussed, upon what Judgment or Award a Writ of Error doth lie, and upon what Judgment or Award it lieth not.

XII. And to avoid error in imposing of Fines upon Contempts in Leets, and other Courts of Record. In the Case of Richard Godfrey Esq; is clearly resolved, when the Fine ought to be several, and when joint, and when and how a Fine unlawfully imposed, may be avoided, and when the Lord may distrain for Court Leets, Mich. 12 Jac.

XIII. The next room Richard Lifords Case hath justly gotten, for therein is resolved, what interest the Lessee hath in Timber Trees, when they are not excepted, and what interest in that case the Lessor hath: what and whatmanner of interest the Lessor hath in Trees excepted, and whether in that case by a general Grant of the Reversion, they pass to the Grantee, and much necessary Learning concerning that Matter, Mich. 12 Jac.

XIV. Then have you the Case of the Tailleurs of Ipswich, a necessary Case for Poor Tradesmen, that many times are by Ordinances made by Incorporations, (whereby the Publick Good is pretended, and Private Respects intended) barred or hindred of the Freedom of their Trade, Mich. 12 Jac.

XV. Edward Savels Case taketh up a very little standing, and shortly sheweth that an Ejectione firmae, (that now is grown so common) lieth not for a place known, but of certain Acres of Land, Meadow or Pasture, &c. Michael. 12 Jac.

XVI. And Benthams Case in as few Words as the other, sheweth how in some case the omission of Matter material in a Verdict may be salved, Mich. 12 Jac.

XVII. I could not keep back Doctor Fosters Case, wherein, upon mature consideration had of all the Statutes of Recusants, a clear way is opened, for their just and speedy Conviction according to the Laws. A Case that concerneth the Glory of God, and the Honour of our Religion, Mich. 12 Jac.

XVIII. And justly doth the Case of Magdalen-Colledge in Cambridge challenge the next place, which tendeth to the maintenance of Gods true Religion, the advancement of Liberal Arts and Sciences, the supportation of the Ecclesiastical State, the preservation and prosperity of those two famous Sisters, the Universities of Cambridge and Oxford, and of all the Colledges within the Realm, and the establishment of Hospitals, and provisions for the Poor, adjudged Paschae 13 Jacobi Regis.

XIX. And in course of time doth Lewes Bowles Case come, wherein is clearly resolved the true operation and sense of the Clause in Leases, without Impeachment of Waste; and what interest the Lessee hath in the Timber of an House prostrated by Tempest, adjudged Pasch. 13 Jac. Regis.

XX. And though it cometh not in sequence of time, yet the Case of Monopolies cannot come out of time, wherein divers things concerning Monopolies, are clearly resolved, and worthy to be published, Trin. 44 Eliz.

XXI. And I could not keep back the Earl of Devonshires Case, resolved Hill. 4 Jacobi, whereby the Prerogative of the King appeareth; That his right of Restitution dieth not by the death of the Party that doth him wrong: the end whereof is, that the Kings Toll may come to the right Mill.

XXII. And lastly, The Case of J. Bagge, adjudged Trin. 13 Jac. Regis, wherein is resolved, where a Writ of Restitution for a Freeman of an Incorporation, being disfranchised, doth lie: and incidently, who have power to disfranchise, and what be sufficient causes of disfranchisement.

This Eleventh Work (Learned Reader) I have published in the tempest of many other important and pressing Business; and therefore could not polish them as I desired.

If I might judge, I should say, that the Matter of these are not inferiour to any of the other. The end of this Edition is, That God may be glorified, his Majesty honoured, the Common Good encreased, the Learned confirmed, and the Student instructed.

[4. ][Ed.: To God, to the Country, to you.]