Coke Sir Edward - Law Dictionary Search Results
Home Dictionary Name: coke sir edwardCoke, Sir Edward
Coke, Sir Edward, often, but incorrectly, styled Lord Coke, born in 1551, called to the Bar by the Inner Temple in 1578, counsel in Shelley's case (see that title), Speaker of the House of Commons, Solicitor-General and Attorney-General under Queen Elizabeth, knighted by James I. shortly after his accession in 1603, made Chief Justice of the Common Pleas in 1606 and of the King's Bench in 1613, 'taking particular delight,' writes Lord Campbell in his Lives of the Chief Justices, 'in styling himself ' Chief Justice of England,''was deprived of office and committed to the Tower by Charles I., for his support of the Petition of right. Coke was bitterly hostile to the injunction of equity. The controversy between Coke and Lord Ellesmere, the Chancellor, was acute. James I. referred the whole matter to Bacon, the Attorney-General, and others learned in the law. Acting upon the recommendations of this committee of counsel, James I. decided the matter in favour of Chancery. It should be menti...
Institutes of Lord Coke
Institutes of Lord Coke, four volumes by Lord Coke (more properly called Sir Edward Coke), published A.D. 1628, and very frequently edited. The first is an extensive comment upon a treatise on tenures compiled by Littleton, a judge of the Common Pleas, temp. Edward IV. This comment is a rich mine of valuable Common Law learning, collected and heaped together from the ancient reports and year-books, but greatly defective in method. It is usually cited by the name of Co. Litt., or as 1 Inst. The second volume is a comment upon Magna Charta and other old Acts of Parliament, without systematic order; the third, a more methodical treatise of the pleas of the Crown; and the fourth, an account of the several species of courts, including the High Court of Parliament and of the House of Commons as well as the House of Lords under that title. These are cited as 2, 3, or 4 Inst., without any author's name....
Bracton
Bracton, the author of the Latin treatise entitled De Legibus et Consuetudinibus Angli'. He lived at the latter end of the reign of Henry the Third. Bracton's book, compared with that of Glanville, is a voluminous work. It is divided into five books, and these into tracts and chapters. See 2 Reeves' Hist. c. viii. 86, note (a), for an analysis of the several divisions of the chapters and a complete digest of the contents of this venerable code. The rules of property are explained; the proceedings in actions, through the minutest steps, are investigated and developed; while every proposition is supported by fair deduction, or corroborated by the authority of some adjudged case, so that the reader never fails in deriving instruction or amusement from the study of this scientific treatise on our ancient laws and customs. Bracton was deservedly looked up to as the first source of legal knowledge, even down to the time of Sir Edward Coke, who seems to have made this author his guide in all ...
Littleton
Littleton, a judge of the Common Pleas in the reign of Edward IV., who composed a book of tenures for the use of his son, to whom it is addressed. Sir Edward Coke's Commentary upon Littleton, 'Not the name of the author only, but of the law itself,' is one of the most renowned and authoritative works on English law in existence....
Drunkenness
Drunkenness, intoxication with strong liquor; habit-ual inebriety. A contract made by a person when so drunk as to be unable to understand what he is doing is voidable if the person with whom the contract was made was aware of the fact, but it is not void, and may be ratified when he becomes sober, Matthews v. Baxter, (1873) LR 8 Ex 132. Mere drunknness was punishable by statutes 4 Jac. 1, c. 5, and 21 Jac. 1, c. 7, ss. 1, 3, by a fine of five shillings and confinement in the stocks in default of distress. Under the Licensing Act, 1872 (35 & 36 Vict. c. 94), which repeals various previous enactments, drunkenness in a public place or licensed house is punishable by fine (s. 12). Disorderly drunkenness is punishable by fine or imprisonment, and refusal by drunken persons to quit licensed premises is punishable by fine. [(English) Licensing Consolidation Act, 1910, s. 80]The 1st s. of the (English) Licensing Act, 1902 (2 Edw. 7, c. 28), enacts that--If a person is found drunk in any highw...
Prescription
Prescription [fr. pr'scribo, Lat.], title produced and authorised by long usage. It is known in the Roman Law as usucapio.Title by prescription arises from a long-continued and uninterrupted possession of property, and is thus defined by Sir Edward Coke (Co. Litt. 113 b), Pr'scriptio est titulus ex usu et tempore substantiam capiens ab authoritatelegis. (Prescription is a title taking his substance of use and time allowed by the law.)Every species of prescription, by which property is acquired or lost, is founded on the presumption that he who has had a quiet and uninterrupted possession of anything for a long period of years is supposed to have a just right, without which he would not have been suffered to continue in the enjoyment of it. For a long possession may be considered as a better title than can commonly be produced, as it supposes an acquiescence in all other claimants; and that acquiescence also supposes some reason for which the claim was foreborne, 1 Cruise's Dig., tit. X...
Riparia
Riparia, a medi'val-Latin word, which Sir Edward Coke takes to mean water running between two banks; in other places it is rendered 'bank.' See MAGNA CHARTA, cap. 15; 2 Inst. 478....
Vavasor
Vavasor. The first name of dignity, next beneath a peer, was anciently that of vidames, vice domini, or valvasors: who are mentioned by our ancient lawyers as viri magn' dignitatis; and Sir Edward Coke speaks highly of them. Yet they are now quite out of use; and our legal antiquaries are not agreed upon even their original or ancient office (1 Bl. Com. 403). And see Comden's Brit.; Reeves, c. 5, p. 26.The vassal or tenant of a baron, one who held under a baron and also had subtenants, Black's Law Dictionary, 7th Edn....
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