The Online Library of Liberty

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• 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
• 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

(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 learne to knowe with what Injustice they disturbe the happinesse of our most happie peace, our Justices, inferior officers, Jurors, and Commons generally, may in this booke find out commended documents, and instructions profitable as wel directing how to govern as to be governed: all which particulars the learned Judge hath wisely handled with such plausible Oratorical wisedomes eloquence, as that when I heard him speake, I thought the Poet had just cause to say, Prospera lux orritur linguisque; animisque; favete: Nam dicenda bono sunt bona verba die.8 If therefore in this following worke my Memory hath given a true instruction to my pen, I hope my labour shalbe accounted profitable, when it administersapublique benefit.

[1. ][Ed.: The Reader should note that the Preface is that of the reporter, and not, obviously, the words of Coke himself. It is reprinted here owing to Coke’s later disavowal of the printing, which may well have met with his initial approval.]

[2. ][Ed.: yoked.]

[3. ][Ed.: Peace begets war.]

[4. ][Ed.: does not love the sons of war.]

[5. ][Ed.: I cannot alter the condition of things.]

[6. ][Ed.: I may undertake this great [work], worthy of a spirited and mighty man.]

[7. ][Ed.: My hope, oh living Christ, is so to live that I may live for ever.]

[8. ][Ed.: The longed-for day is dawning; be favorable with your tongue and minds. Ovid, Fast. 1.71.]