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COKE, Sir Edward. First Part of the Institutes of the Lawes of England. - $4,000 | Heritage Book Shop | Rare & Antiquarian Books
 
First Edition of Sir Edward Coke's Law Commentaries, "The Basis of the Constitution of the Realm" (PMM)
COKE, Sir Edward. First Part of the Institutes of the Lawes of England. Or, A Commentarie upon Littleton, not the name of a Lawyer onely, nut of the Law it selfe. London: Society of Stationers , 1628.
First edition of part one. Later books were published posthumously and usually sold separately. Quarto (10 5/8 x 6 7/8 inches; 270 x 175 mm). [7], 395, [1] leaves. With engraved title-page and the folding letterpress table of consanguinity. Text partially printed in two columns, in English and French. Bound without one preliminary blank leaf. Also bound without the scarce frontisportrait which is usually the case. With two pages of errata.

Full modern sprinkled calf, boud to style. Boards ruled in gilt. Spine elaborately stamped in gilt. Red morocco spine label, lettered in gilt. Board edges gilt. Title-page repaired along inner margin some rule of the engraved border filled in with ink Occasional minor ink stains and a small worm hole. Pages a bit toned, and sometimes dampstained. A fair amount of contemporary ink marginalia. A 3-inch closed tear to inner margin of the folding "table consanguinity" with just the tiniest bit of loss to the printed side note. Verso of the folding table with extensive contemporary ink notes, with a bit of bleed-through. A tiny date stamp on verso of title-page noting "May 26, '42." Overall a very good copy.

First edition of one of the most fundamental legal texts in English history and a document that was to make a major contribution to the United States Bill of Rights. In American legal culture, Coke is a champion of the common law, constitutional liberty, and judicial review. Copies of Coke's writings arrived in North America on the Mayflower in 1620, and every lawyer in the English colonies and early United States was trained from Coke's books, particularly his Reports and Institutes, the most famous of which was his property book, The First Institute of the Lawes of England, or a Commentary on Littleton. Both John Adams and Patrick Henry argued from Coke treatises to support their revolutionary positions against the Mother Country in the 1770s. First, eighteenth-century colonists and, later, twentieth-century historians invoked Coke to support the claim that the English common law and related liberties migrated to British North American colonies with British settlers. "Sir Edward Coke (1552-1634, pronounced cook) was a judge and law writer of great renown. He is considered one of the premier champions of the common law, which he defended against the attempted encroachments of the courts of equity and the royal prerogative of the Stuarts--James I (r. 1603-1625) in particular. After graduating from Trinity College, Cambridge, Coke obtained a good practice and became a reader at Lyon's Inn in 1571 and a barrister of the Inner Temple in 1578. He also served as a member of Parliament for a short time. In 1592, to the great chagrin of Sir Francis Bacon (1561-1626), Coke gained the appointment of attorney general. This was the beginning of a long rivalry between the two men that included Coke's successful courtship of Lord Burghley's daughter, whose affections Sir Francis also strove to attain.

In 1606 Coke was appointed chief justice of common pleas, and it was in this post that he began to come into conflict with James I. The first instance occurred in 1607-1608 when King James attempted to assert his personal right to tax imports and exports. Coke declared this to be unlawful, arguing that the power of taxation rested only in Parliament. In a series of similar decisions, Coke resisted Archbishop Bancroft's (1544-1610) claim, which James I favored, to the authority to remove certain church cases from the jurisdiction of the common-law courts (1606-1609). In 1610 Coke decided against the king's authority to make law by proclamation, and in 1611 he resisted Archbishop Abbot's (1562-1633) attempt to remove ecclesiastical cases to the court of high commission.

These checks on the perceived attempts of the Crown to infringe English liberty convinced James that he must buy the goodwill of Lord Coke if ever the monarchy was to be free in its exercise of power. Lord Bacon suggested to His Majesty that Coke be placed on the highest royal bench, where he might feel more inclined to uphold royal power. In 1613, therefore, Coke was appointed chief justice of the King's Bench. This proved a futile effort for James, because Coke continued to insist on the king's legal inferiority to the common law and Parliament. Coke's actions gave the ever-bitter Bacon the opportunity to exact the vengeance for which he longed. After hearing Bacon's unfavorable representations of the chief justice, the Crown suspended Coke from his seat on the Privy Council, ordered him to expunge from his Reports opinions unfavorable to the king's prerogative, and, when he still resisted, dismissed him from the position of chief justice. Coke continued, however, to resist incursions from his lesser position on the bench. He openly criticized the Crown's marriage into the Catholic Spanish royal family, denounced interference with the liberties of Parliament, and served on the committee to impeach Bacon. For these actions he was sent to the Tower in 1622. On his release he entered Parliament, and from there opposed King Charles I's demand for subsidies. He later retired to Pogis, but the king had his papers seized and "detained" until 1641. The sequential portions of his famous Institutes of the Laws of England were published in 1628 and, posthumously, in 1642 and 1644" (Steve Sheppard, The Selected Writings and Speeches of Sir Edward Coke, 2003).

Printing and the Mind of Man 126 (first part). STC 15784. Wing C-4948. Maxwell & Maxwell, Vol. I, p. 449 & 546.

HBS # 68240 $4,000

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