- 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
- 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
| Cap. LXII.
Concerning Indictments we have spoken somewhat in the First part of the Institutes. Sect. 194. 208. And you may read in my Reports many resolutions concerning Indictments, viz. Lib. 4. fo. 40, 41, 42. &c. lib. 5. fo. 120, 121, 122, 123. li.7. fo. 5. 6. 10. li.8. fo. 57. 36. 37. li.9. fo. 62, 63. 116. 118.
We will add one point adjudged in the case between Burgh and Holcroft before mentioned in the Chapter of Appeals, which was, that where it is provided by the statute de Artic. super Cartas cap.3. En case de mort del home (deins le verge) on office del Coroner appent as views, & enquests de ceo faire, soit maunde al Coroner del pais que emsemblement ove le Coroner del hostel Roy face loffice que appent, &c. And in that case one man was Coroner both of the Kings house, and of the County, & the Indictment of manslaughter was taken before him as Coroner both of the Kings house, and of the County. And it was adjudged that the Indictment was good, because the mischief expressed in the statute was remedied, as well when both offices was in one person, as when they were in divers: and therefore in this case the rule did hold, Quando duo jura concurrunt in una persona, aequum est, ac si esset in diversis.
| Richard Weston Yeoman, late servant of Sir Gervase Elwys, Lieutenant of the Tower, and under the Lieutenant, Keeper of Sir Thomas Overbury then prisoner in the Tower, was indicted: For that he the said Richard the 9 day of May An. 11 Ja. Regis, in the Tower of London, gave to the said Sir Tho. Overbury poyson called Roseacre in broth, which he the said Sir Thomas received. Et ut idé Rich. Weston praesatum Tho. Overbury magis celeriter interficeret & murdraret, 1 Junii Anno 11 Ja. Regis supradict, gave to him another poyson called White Arsenick, &c. & that 10 Julii An. 11. suprad. gave to him a poyson called Mercury Sublimat’ in Tarts, ut praedict’ Tho. Overbury magis celeriter interficeret & murdraret: and that a person unknown in the presence of the said Richard Welson, and by his commandment and procurement, the 14 of Septemb. anno 11. supradict. gave to the said Sir Thomas a glyster mixt with poyson called Mercury sublimat, ut praedictum Thomam magis celeriter interficeret & murdraret. Et praedictus Thomas Overbury de seperalibus venenis praedictis et operationibus. inde, à praedictis separalibus temporibus, &c. graviter languebat usque ad 15 diem Septemb. Anno 11. supradicto, quo die dictus Thomas de praedictis seperalibus venenis obiit venenatus, &c. And albeit it did notappear of which of the said poysons he died, yet it was resolved by all the Judges of the Kings Bench, that the indictment was good; for the substance of the indictment was, whether he was poysoned or no. And upon the evidence it appeared, that Weston within the time aforesaid had given unto Sir Thomas Overbury divers other poysons, as namely the powder of Diamonds, Cantharides, Lapis Causticus, and powder of Spiders, and Aqua fortis in a glyster. And it was resolved by all the said Judges, that albeit these said poysons were not contained in the Indictment, yet the evidence of giving of them was sufficient to maintain the Indictment: for the substance of the Indictment was (as before is said) whether he were poysoned or no. But when the cause of the murder is laid in the Indictment to be by poyson, no evidence can be given of another cause, as by weapon, burning, drowning, or other cause, because they be distinct & several causes: but if the murder be laid by one kind of weapon, as by a Sword; either Dagger, Styletto, or other like weapon is sufficient evidence, because they be al under one Classis or cause. And afterwards, Ann Turner, Sir Gervase Helwys, and Richard Franklyn a Physitian, (purveyor of the poysons) were indicted as accessories before the fact done: And it was resolved by all the said Judges, that either the proofs of the poysons contained in the Indictment, or of any other poyson were sufficient to prove them accessories: for the substance of the Indictment of them as accessories was, whether they did procure Weston to poyson Sir Thomas Overbury: and because that not only Anne Turner, and Richard Franklyn, but some of the degree of Nobility were indicted as accessories in another County, viz. in the County of Midd. divers notable points were resolved upon the statute of 2 E.6. First, if the Accessory be in the County of Midd. where the Kings Bench is, and the principall did the felony, &c. in another County, that the Court of the Kings Bench is within the words of that Act, viz. (and that the Justices of Gaol Delivery, or Oier and Terminer, or two of them, &c.) for the causes and reasons given in the Lord Zanchers case Lib.9. fo.117, 118, &c. Secondly, if the Indictment be taken in the Kings Bench, then the Justices shall not write in their own names, quia placita sunt coram rege. Thirdly, divers presidents were shewed where the Accessory was in the County of Midd. where the Kings Bench sat, and the principall was attainted in another County, that the Justices of the Kings Bench have removed the Record of the attainder of the principall before them by Certiorari, & so it was done in the Lord Zanchers case, ubi supra. The like president was shewed in a case where the principall was attainted in the County of Dorn. and the Accessory was in Midd. and the Kings Bench sitting there, the Justices of the same Court removed the attainder before them by Certiorari. Fourthly, it was resolved, that the Lord Steward of England, who is a Judge in case of High Treason, or felony committed by any of the Peers of the Realm, is within these words, Justices of Gaol-de-|-livery, or Oier and Terminer, because he is a Justice of Oier and Terminer, for his authority is by Commission, and the words of his Commission be after divers recitals, Et superinde, audiend, examinand, & respondere compellend, & sine debit’ terminand: so as he hath power to heare and determine. And where the words be [or any two of them] that is to be intended, where there be two or more Justices, And yet where there is but one, it extendeth to him. As the Statute of Merton cap. 3. power being given to the Sheriffe in case of Redisseisin, the words be, Assumptis recum Coronatoribus placitorum Coronae, &c. in the Plurall number. And yet where there is but one Coroner in the County the Statute extends thereunto, and the Sheriffe shall take that one. Also the words of the statute are further, That then the Justices of Gaole delivery or of Oier and Terminer, or other there authorized: within which words, [or other there authorized] the Lord Steward is included. Fifthly, if the Record of the attainder were by Writ of Certiorari removed out of London into the Kings Bench, then there arose another doubt upon the said Statute, if afterward any proceeding should be had against any Peer, for that the words, of the Statute be, The Justices, &c. shall write to the Custos Rotulorum or Keeper of the Record where such principall shall hereafter be attainted; and the attainder in this case was in London, and the Kings Bench was in Middlesex: so as if the Record should be removed into the Kings Bench in Middlesex, the Record should not be where the attainder was had; and consequently the Lord Steward could not write to the Kings Bench. And therefore to prevent all questions, it was resolved, That in this case of the Lord Steward, no Certiorari should be granted, but a speciall Writ should be directed according to the words of the said Act to the Commissioners of Oier and Terminer in London, to certifie whether the principall was convict or acquitted: and they made a particular Certificat accordingly, so as the Record of the attainder of the principall, did notwithstanding that Certificat, remain with the Commissioners of Oier and Terminer in London: so as if any further proceeding should be had, the Lord Steward might write to them, as after he did in the case of R. Earl of S. and F. his Wife.
And it is to be observed, that the ancient wall of London (a mentionwhereof doth yet remain) extendeth through the Tower of London; and all that which is on the West part of the Wall, is within the City of London, viz. in the Parish of All-Saints Barking, in the Ward of the Tower of London: and all that is on the East part of the Wall is in the County of Middlesex; and the Chamber of Sir Thomas Overbury was within the Tower on the West part of the said Wall, and therefore Weston was tried within the City of London.
And where it is often said in many aActs of Parliament, bRecords, and cBook cases, that the King cannot put any man to answer, but he must be apprised by Indictment, Presentment, or other matter of Record. True it is, in Pleas of the Crown or other common offences, Nusances, &c. principally concerning others, or the publick, there the King by law must be apprised by Indictment, Presentment, or other matter of Record; but the King may have an Action for such wrong as is done to himselfe, and whereof none other can have any Action but the King, without being apprised by Indictment, Presentment, or other matter of Record, as a dQuare impedit.eQuare incumbravit, a Writ of fAttaint, gof Debt, hDetinue of Ward, iEscheat, kScire fac. pur repealer patent, &c.
D. The Fourth Part of the Institutes
The Fourth Part of the Institutes of the Laws of England, Concerning the Jurisdiction of the Courts, first published in 1644, inventories the courts, their various jurisdictions and powers, and some of the particular forms of procedure before them. In some ways, this part is the work in which Coke’s authority was the strongest. He had served as chief justice of the Common Pleas and the King’s Bench, sat in the Star Chamber and in the Treasurer’s Court. He had been member and speaker of Parliament, a member of the Council Board, a Recorder for two different cities, asheriff, an officer of Cambridge, and a member of many special commissions. That said, his continuing struggle to assert the privileges of the common law courts suggests that his views of the local courts and the court of privilege were not universally shared, although later many of those courts were abolished or reformed more along Coke’s lines of thought.—Ed.
Epigrams from the Title Page:
Ne transgrediaris antiquos terminos quos posuerunt patres tui.
Terminos propriae potestatis egressus in aliam messem perperam mittit falcem suam.
A Table of the Severall Courts in this Fourth part of the Institutes, Treated of.
- 1 Of the high and most honourable Court of Parliament.
- 2 Of the Councell Board or Table.
- 3 Of the Power and Authority of the Protector.
- 4 Of the Court of the High Steward of England.
- 5 Of the Court of Star-Chamber, Coram Rege & Concilio.
- 6 Of the Court for redresse of delays of Judgements in the Kings great Courts.
- 7 Of the Court of Kings Bench, Coram Rege.
- 8 Of the Court of Chancery, Coram Rege in Cancellaria.
- 9 And incidently of the Court of Requests.
- 10 Of the Court of Common Pleas.
- 11 Of the Court of Exchequer.
- 12 Of a Court to enquire of and certifie unlawfull and untrue Accompts in the Exchequer.
- 13 Of the Court of Exchequer Chamber.
- 14 Of the first fruits and Tenths Ecclesiasticall.
- 15 Of the Court of Augmentations.
- 16 Of the Court of generall Surveyors of the Kings Lands, &c.
- 17 Of the Court of Chivalry before the Lo: Constable and Earl Marshall.
- 18 Of the Court of the Marshalsea.
- 19 Of the Counting-house of the Kings houshold, called the Greencloth, and by the way of the Wardrop, &c.
- 20 Of the Court of the Lord Steward, Treasurer and Controller of the Kings house, concerning felony by compassing, &c. to kill the King, &c.
- 21 Of the Court of the Lord Steward of the Kings house, or in his absence of the Treasurer and Controller of the Kings house, and Steward of the Marshalsea, of Treason, Murder, and blood-shed within the Kings house.
- 22 Of the Court of the Admiralty proceeding according to the Civill law.
- 23 Of the Court of the Commission under the Great Seal by force of the Statute of 28 Hen. 8. cap. 15. for Criminall and Marine causes proceeding according to the course of the Common law.
- 24 Of Portmoots or Port-Courts.
- 25 Of the power and authority of Commissioners and others for maintaining and erecting of Beacons, Light-houses, and Sea-marks, and concerning Watches.
- 26 De conservatore seu custode Treugarum, i. induciarum & salvorum regis conductuũ, and incidently of the office, authority, and priviledge of Ambassadors, and of Leagues, Treaties, and Truces.
- 27 Of the Courts of the Justices of Assise, and of Nisi Prius.
- 28 Of Justices of Oier & Terminer.
- 29 Of the Courts of speciall Justices of Oier and Terminer, concerning 1. Purveyors. 2. Misdemeanors of Villains, &c. 3. Sums of money collected for houses of Correction, &c. 4. Colledges, Hospitals, Charitable uses, &c.
- 30 Of Justices of Gaol-delivery.
- 31 Of the Court of the Sessions of the Justices of the Peace.
- 32 Of the Court of Inquiry of the defaults of Justices of Peace, &c. concerning riots, &c.
- 33 Of the Court of Justices in Eire or Itinerant.
- 34 Of the Court of Justices of Trailebaston.
- 35 Of the Court of Wards and Liveries.
- 36 Of the Court of the Duchy Chamber of Lancaster at Westminster.
- 37 Of the County Palatine of Chester.
- 38 Of the County Palatine of Durham.
- 39 Of the royall Franchise of Ely.
- 40 Of the County Palatine of Pembroke.
- 41 Of the Franchise of Hexham and Hexhamshire.
- 42 Of the Courts of the Cinque Ports.
- 43 Of the Court of the Escheator and of Commissioners for finding offices, &c.
- 44 Of the Courts of the Universities of Cambridge and Oxford.
- 45 Of the Courts of the Stanneries in Cornwall and Devon’.
- 46 Of the Court of the Mayor of the Staple.
- 47 Of the Legall Courts and their Jurisdictions within the Principality of Wales.
- 48 Of the Court of Equity before the President and Councell of Wales, and the Marches of the same.
- 49 Of the President and Councell in the North.
- 50 Of the Courts and their Jurisdictions within the City of London, and
- 1 Of the Hustings.
- 2, 3. The two Courts of the Sherifs.
- 4 The Court of Equity before the Lord Mayor, commonly called the Court of conscience.
- 5 The Court of the Mayor and Aldermen.
- 6 The Court of Orphans.
- 7 The Court of Common Councell.
- 8 The Court of the Wardmote.
- 9 The Court of Halimote.
- 10 The Court of the Chamberlain for Prentices.
- 11 The Court for the conservation of the Water and River of Thames.
- 12 The Court of the Coroner in London.
- 13 The Court of the Escheator in London.
- 14 The Court of Policies and Assurances in London.
- 15 The Court of the Tower of London.
- 16 The Jurisdiction, &c. of the Colledge of Physitians in London, &c. Of the Court of the Justices assigned for the government of the Jews. Of the Courts of Stancliffe and Friendlesse Wapentake.
- 51 Of the City of Westminster.
- 52 Of the City of Norwich.
- 53 Of the Court of the Tourn.
- 54 Of the Court of the Leet or view of Frankpledge.
- 55 Of the County Court.
- 56 Of the Hundred Court.
- 57 Of the Court Baron.
- 58 Of the Court of Ancient Demesne.
- 59 Of the Court of the Coroner.
- 60 Of the Court of Pipowders.
- 61 Of the Court of the Clerk of the Market.
- 62 Of the Court of the Commissioners of Sewers.
- 63 Of the Court of the Commissioners upon the Statute of Bankrouts.
- 64 Of Comissioners for examination of witnesses.
- 65 Curia cursus Aquae apud Gravesend.
- 66 Of the Kings Swanheard.
- 67 Of the Wardens Courts in the East, West, and Middle Marches adjoyning to Scotland.
- 68 Of Callais, or Callis Caletum.
- 69 Of the Isle of Man, and of the Law and Jurisdiction of the same.
- 70 Of the Isles of Jersey, and Garnsey, and of the Law and Jurisdiction of the same.
- 71 Of the Isle of Wight.
- 72 Of the Island called Lindesfarn, &c. called also the Holy Island.
- 73 Of the Forests, and the Jurisdiction of the Courts of the Forests.
- 74 Of the Ecclesiasticall Courts, viz.
- 1 The Court of Convocation.
- 2 Concerning Subscription.
- 3 Of the High Commission in causes Ecclesiasticall.
- 4 The Prerogative Court.
- 5 The Court of the Arches.
- 6 The Court of Audience.
- 7 The Court of Faculties.
- 8 The Court of Peculiars, Curia Peculiarium.
- 9 The Consistory Courts.
- 10 The Court of the Archdeacon, or of his Commissary.
- 11 The Court of Delegates, and incidently of Appeals.
- 12 The Court of Commissioners of Review. The Courts of the Conservators of the priviledges of St. Johns of Jerusalem.
- 75 Of Scotland.
- 76 Of the Kingdome of Ireland.
See the 1. pt of the Institutes. sect. 194,195.
Holcrosts case. Artic. super Cart. ca. 10. The same was again resolved in Wrots case, ubi supra.
[Ed.: In case of homicide within the virge, when it belongs to the office of coroner to make inspections and inquiries thereof, let the coroner of the place be ordered that he, together with the coroner of the king’s household, should perform the office which belongs, etc.]
[Ed.: when two rights concur in one person, it is the same as if they were in two separate persons.]
Sir Tho. Overburies case. Mich. 13. Jac. See before ca 7. Of murder more of this case.
[Ed.: And so that the same Richard Weston might more speedily kill and murder the said Thomas Overbury, on the first [day] of June in the eleventh year of King James mentioned above.]
[Ed.: so that he might more speedily kill and murder the aforesaid Thomas Overbury.]
[Ed.: so that he might more speedily kill and murder the aforesaid Thomas. And the afore said Thomas Overbury was seriously ill from the several poisons aforesaid, and from the working thereof, from the several aforesaid times until the fifteenth day of September in the above-mentioned eleventh year, on which day the aforesaid Thomas died poisoned by the several poisons aforesaid.]
[Ed.: [lapis causticus:] caustic stone [perhaps a compound of lime] [aqua fortis:] nitric acid.]
Vide li. 9. fo. 67. Mackallies case Acc.
2 E. 6. cap. 24.
[Ed.: because the pleas are before the king.]
[Ed.: A writ of common law issued by a superior to an inferior court requiring the latter to produce a certified record of a particular case tried therein. The writ is issued in order that the court issuing the writ may inspect the proceedings and determine whether there have been any irregularities.]
[Ed.: And thereupon to hear, examine, compel to answer, and without [delay] to determine.]
39 H. 6. 42. 23 Ass. p. 7.
[Ed.: Taking with you the coroners of the pleas of the crown, etc.]
a Mag. cart. ca. 29 5 E. 3. cap. 9. 25 E. 3. c. 4. stat. 5. 28 E. 3. ca. 3. 37 E. 3. cap. 18. 38 E. 3. cap. 9. 42 E. 3. cap. 3.
b Rot. claus. 18 H. 3. m. Rot. Parl. 15 E. 3. nu. 9,10. & 15. 42 E. 3. nu. 29. Sir John A Lees case 17 R. 2. nu. 37. 2 H. 4. nu. 60.
c 7 E. 3. fo. 26. 50. Vide 6E.3.fo.33.&8E.3.3026E.3.74. tit. rescous 21. 43. E. 3. 32. per Knivet 2. E. 3. fo. 7. John de Britains case. 3 E. 3. 19. 45. E. 3. Decies tantum 12.
d 51.2. Quar. Imp. 167. 33. E. 3. Bie 916.
[Ed.: Quare: A real action to recover a presentation, the right to appoint a benefit or advowson, or other interest in church lands.]
e 17. E. 3. 50. 74. F. N. B. 48. f. 13. E. 3. Jurid. 23.
[Ed.: Writ against a bishop who confers a benefice on a clerk during a dispute between others having a claim to it.]
f 42. E. 3. 26. F. N. B. 107. D.
g 19. H. 6. 47. 34. H. 6. 3. &c.
h 39. H. 6. 26. 1. H. 4. 1. 15 E. 3. Corody 4.
i Regist. fo. 165. a. F. N. B. fo. 7. b. 21. H. 3. Bre 882. Britton fo. 28. b. cap. 18.
k 16 E. 3. Bre 651.
[Ed.: Writ summoning a person to show cause why a privilege under letters patent should not be revoked.]
[Ed.: Do not pass the ancient boundaries which your fathers have set.]
[Ed.: He who wanders outside the boundaries of his own ability wrongly puts his sickle into another’s harvest.]