111-628: Earl of Leicester is a title that has been created seven times. The first title was granted during the 12th century in the Peerage of England . The current title is in the Peerage of the United Kingdom and was created in 1837. The title was first created for Robert de Beaumont (also spelt de Bellomont), but he nearly always used his French title of Count of Meulan . Three generations of his descendants, all also named Robert, called themselves Earls of Leicester. The Beaumont male line ended with
222-592: A "Remonstrance to the King" on 11 December 1621, authored by Coke, in which they restated their liberties and right to discuss matters of state, claiming that such rights were the "ancient and undoubted birthright and inheritance of the subjects of England". After a debate, it was sent to James, who rejected it; the Commons instead resolved to enter it into the Journal of the Commons , which required no royal authorisation. In
333-641: A Puritan Member of Parliament, proposed two new bills: one against the bishops of the Church of England , and the other against the Court of High Commission . Morice was placed under house arrest, and seven Members of Parliament were later arrested, but the bills remained in Parliament. They were defended by Francis Knollys, one of the few remaining Puritan Members of Parliament, while other Puritans spat and coughed to drown out speeches by opponents. Coke and Cecil,
444-417: A challenge by Francis Dacre, son of William Dacre, 3rd Baron Dacre and uncle-in-law to the 4th Duke's three sons, Philip Howard and his two half-brothers, Thomas Howard, 1st Earl of Suffolk and Lord William Howard – he proved that Dacre's evidence was false and had the case dismissed. Coke became involved in the now classic Shelley's Case in 1581, which created a rule in real property that
555-579: A commission to purge the Reports , also using his authority to expand the powers of the High Commission. With James unable to declare Coke incompetent, some of what Humphry William Woolrych describes as "colourable excuses" were produced to justify Coke's dismissal; he was accused of concealing £12,000, uttering "high words of contempt" as a judge, and declaring himself Chief Justice of England. Now out of favour and with no chance of returning to
666-487: A counter-plot. In 1599, Sir John Hayward had written and published The First Part of the Life and Raigne of King Henrie IV , dedicating it to Devereux. Elizabeth, furious, banned the book, suggesting that it was a "seditious prelude" intended to show her as a corrupt and poor monarch. Against the backdrop of Devereux's plot, Coke and Cecil started a new investigation into the book, hoping to prove some involvement of Devereux in
777-616: A failed attempt to garner support from the population of London, Devereux found himself surrounded in Essex House; after burning his personal papers, he surrendered. On 19 February he was tried for treason, along with the Earl of Southampton . Coke led the case for the government, and Devereux was found guilty and executed; the Earl of Southampton was reprieved. On 24 March 1603, Elizabeth I died. James VI of Scotland set out to claim
888-631: A flaw in the pleadings that invalidated Cromwell's case. His counsel had worked from an inaccurate English copy of the Latin statute of scandalum magnatum which had mistranslated several passages, forcing them to start the case anew. After the case was restarted, Coke argued that Denny had commented on Cromwell's support of people attacking the Book of Common Prayer, and was not implying any deeper disloyalty. The judge ruled that Denny's statement had indeed meant this, and from this position of strength Coke forced
999-512: A group that numbered about thirty at any one time, and the quality of his readings increased his reputation even further. His lectures were on the Statute of Uses , and his reputation was such that when he retired to his house after an outbreak of the plague, "nine Benchers, forty barristers, and others of the Inn accompanied him a considerable distance on his journey" in order to talk to him. During
1110-702: A leading opposition MP to attack patents, a system he had already criticised as a judge. Historically, English patent law was based on custom and the common law , not on statute. It began as the Crown granted patents as a form of economic protection to ensure high industrial production. As gifts from the Crown, there was no judicial review, oversight or consideration, and no actual law concerning patents. To boost England's economy, Edward II began encouraging foreign workmen and inventors to settle in England, offering letters of protection that protected them from guild policy on
1221-473: A leading opposition MP, along with Robert Phelips , Thomas Wentworth and John Pym , campaigning against any military intervention and the marriage of the Prince of Wales and Maria Anna. His position at the head of the opposition was unsurprising given his extensive experience in both local and central government, as well as his ability to speak with authority on matters of economics, parliamentary procedure and
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#17327830667571332-567: A matter of much practical benefit. A fervent Cantabrigian , Coke had a habit of naming Cambridge first, including in Parliament. When reminded that precedence belonged to Oxford "by vote of the House", Coke persisted in giving Cambridge primacy. A Privy Councilor , Sir Thomas Edmondes , interrupted with a rebuke. It was reported that Coke suggested Edmondes not bother worrying about the primacy of Oxford or Cambridge, given that he had not attended either university. Coke used his role in Parliament as
1443-509: A mixed reaction at the time, with the King and Lord Ellesmere both deeply unhappy with it. Nineteenth and twentieth-century academics are scarcely more favourable, calling it "a foolish doctrine alleged to have been laid down extra-judicially", and an "abortion". In the United States, Coke's decision met with a better reaction. During the legal and public campaigns against the writs of assistance and Stamp Act 1765 , Bonham's Case
1554-580: A particular rank, including extinct, dormant, and abeyant peerages, see: Each peer is listed only by their highest English title. Peers known by a higher title in one of the other peerages are shown in blue, and peers with more than one title of the same rank in the Peerage of England are shown in orange. Subsidiary title Subsidiary title Edward Coke Sir Edward Coke ( / k ʊ k / CUUK , formerly / k uː k / ; 1 February 1552 – 3 September 1634)
1665-459: A property trader noted for his piety and strong business acumen (once forcing Nicholas Bacon to pay an exorbitant amount of money for a piece of property). He had a tremendous influence on the Coke children: from Bozoun Coke learnt to "loathe concealers, prefer godly men and briskly do business with any willing client", something that shaped his future conduct as a lawyer, politician, and judge. At
1776-468: A settlement. Coke was very proud of his actions in this case and later described it in his Reports as "an excellent point of learning in actions of slander". The next year he was elected Reader of Lyon's Inn for three years, something surprising considering his young age and likely related to his conduct in Lord Cromwell's Case . As Reader he was tasked with reading to the students at the Inn,
1887-606: A showdown between the Crown and Parliament, in which it was agreed in 1601 to turn the power to administer patents over to the common law courts; at the same time, Elizabeth revoked a number of the more restrictive and damaging monopolies. Even given a string of judicial decisions criticising and overruling such monopolies, James I, when he took the throne, continued using patents to create monopolies. Coke used his position in Parliament to attack these patents, which were, according to him, "now grown like hydras' heads; they grow up as fast as they are cut off". Coke succeeded in establishing
1998-546: Is no express authority in law, the King may himself decide in his royal person; the Judges are but delegates of the King". Coke challenged this, saying "the King in his own person cannot adjudge any case, either criminal – as treason, felony etc, or betwixt party and party; but this ought to be determined and adjudged in some court of justice, according to the Law and Custom of England". Coke further stated that "The common law protecteth
2109-533: Is still used in some common law jurisdictions today; the case also established Coke's reputation as an attorney and case reporter. His next famous case was Chudleigh's Case , a dispute over the interpretation of the Statute of Uses, followed by Slade's Case , a dispute between the Common Pleas and King's Bench over assumpsit now regarded as a classic example of the friction between the two courts and
2220-565: The Case of Proclamations and Dr. Bonham's Case , declared the King to be subject to the law, and the laws of Parliament to be void if in violation of "common right and reason". These actions eventually led to his transfer to the Chief Justiceship of the King's Bench , where it was felt he could do less damage. Coke then successively restricted the definition of treason and declared a royal letter illegal, leading to his dismissal from
2331-710: The American War of Independence ; after the establishment of the United States his decisions and writings profoundly influenced the Third and Fourth amendments to the United States Constitution while necessitating the Sixteenth . The surname "Coke", or "Cocke", can be traced back to a William Coke in the hundred of South Greenhoe, now the Norfolk town of Swaffham , in around 1150. The family
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#17327830667572442-465: The Baron de Clifford for earlier history of this title). Their only child Edward Coke, Viscount Coke , predeceased both his parents, without issue. Consequently, Lord Leicester's titles became extinct on his death in 1759 while the barony of de Clifford fell into abeyance on Lady de Clifford's death in 1775. The Coke estates were passed on to the late Earl's nephew Wenman Coke . Born Wenman Roberts, he
2553-588: The Black Death resurgent throughout England and the threat of Spain on the horizon, the only matter was to impose certain taxes to fund the Queen's campaign against the Spanish, with no bills to be introduced. The taxes were paramount; subsidies collected in 1589 had been spent, and the war continued. The idea of a calm, swift Parliament foundered on the rocks of religious conflict. On 27 February James Morice ,
2664-460: The Committee of Grievances , a body chaired by him that abolished a large number of monopolies. This was followed by a wave of protest at the patent system. On 27 March 1621, James suggested the House of Commons draw up a list of the three most objectionable patents, and he would remove them, but by this time a statute was already being prepared by Coke. After passing on 12 May it was thrown out by
2775-415: The Court of King's Bench on 25 October 1613, on the advice of Bacon, presumably because Bacon and the King felt that if he was moved from a court dedicated to protecting the rights of the people to one dedicated to the rights of the King, "his capacity for harm would be diminished". From Bacon's point of view, the King's Bench was a far more precarious position for someone loyal to the common law rather than
2886-549: The House of Lords , but a Statute of Monopolies was finally passed by Parliament on 25 May 1624. In response to both this and Coke's establishment of a sub-committee to establish freedom of speech and discuss the rights of the Commons, James announced that "you usurp upon our prerogative royal and meddle with things far above your reach". He first adjourned Parliament and then forbade the Commons from discussing "matters of state at home or abroad". Ignoring this ban, Parliament issued
2997-512: The House of Lords Act 1999 all Peers of England could sit in the House of Lords . The ranks of the English peerage are, in descending order, duke , marquess , earl , viscount , and baron . While most newer English peerages descend only in the male line, many of the older ones (particularly older baronies) can descend through females. Such peerages follow the old English inheritance law of moieties so all daughters (or granddaughters through
3108-698: The Inner Temple on 24 April 1572. At the Inner Temple, he began the second stage of his education, reading legal texts such as Glanville 's Treatises and taking part in moots. He took little interest in the theatrical performances or other cultural events at the Inns, preferring to spend his time at the law courts in Westminster Hall , listening to the Serjeants argue. After six years at
3219-561: The Jesuits and the Church of England, personally interrogating John Gerard after his capture. As the 1590s continued, the infighting between Cecil and Devereux persisted, with Devereux's raid on Cadiz earning him national fame. In March 1599 Devereux was sent to defeat the growing rebellion in Ireland and was given command of 18,000 men, but by November his army was reduced to 4,000,
3330-619: The Kingdom of England before the Act of Union in 1707. From that year, the Peerages of England and Scotland were closed to new creations, and new peers were created in a single Peerage of Great Britain . There are five peerages in the United Kingdom in total. English Peeresses obtained their first seats in the House of Lords under the Peerage Act 1963 from which date until the passage of
3441-523: The Petition of Right , a document considered one of the three crucial constitutional documents of England, along with Magna Carta and the Bill of Rights 1689 . Coke is best known in modern times for his Institutes , described by John Rutledge as "almost the foundations of our law", and his Reports , which have been called "perhaps the single most influential series of named reports". Historically, he
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3552-608: The Privy Council , forbade him from going on circuit and, on 14 November, dismissed him from his post as Chief Justice of the King's Bench. This was greeted by deep resentment in the country, which saw the King's actions as tampering with justice. Coke himself reacted by sinking into a deep depression. James I then ordered Coke to spend his time "expunging and retracting such novelties and errors and offensive conceits as are dispersed in his Reports ". Bacon, now in royal favour, became Lord Chancellor on 3 March 1617 and set up
3663-604: The Solicitor General , Thomas Egerton , succeeding Popham. This created a vacancy among the Law Officers of the Crown , and thanks to the influence of the Cecil family, Coke became Solicitor General on 16 June 1592. This was likely a narrow victory owing to Coke's defence of unpopular clients; he was summoned before Elizabeth I , who berated him until he cried before confirming him as Solicitor General. Coke held
3774-462: The fourth Earl in 1944. He was also Lord-Lieutenant of Norfolk. His younger son, David Arthur Coke was a friend of the author Roald Dahl but was killed in action during the second world war in December 1941. When he ( fourth Earl ) died the titles passed to his eldest son, the fifth Earl , in 1949. He was an Extra Equerry to both George VI and Elizabeth II . He died without male issue and
3885-507: The 1580s, Coke became intimately linked with the Howard family, the Dukes of Norfolk and Earls of Arundel. His uncle Thomas Gawdy had close links to Earl Arundel himself. In Norfolk Arundel held a liberty – he was essentially a local prince who appointed all officials, maintained his own prison, executed justice and bribed any royal clerks. His power base was his household, particularly
3996-462: The Bar and practise as a barrister. Students were educated through arguments and debates – they would be given precedents and writs each day, discuss them at the dinner table and then argue a moot court based on those precedents and their discussions. Coke also studied various writs "till they turned honey sweet on his tongue", and after completing this stage of his legal education transferred to
4107-613: The Coke family is a plot situated on the south side of the churchyard of the Holkham parish church of St Withburga. A family mausoleum was built in the same churchyard in the 1870s, but was later abandoned. Many members of the Coke family during the post-medieval period were also buried in St. Mary's Church, Tittleshall . The heir apparent is the 8th Earl's son, Edward Horatio Coke, Viscount Coke (born 2003). Peerage of England The Peerage of England comprises all peerages created in
4218-526: The Commons, and no more action was taken on the two Puritan bills. On 10 April 1594, Coke was made Attorney General for England and Wales thanks to his partnership with the Cecil family. Francis Bacon , his rival, was supported by Robert Devereux , who waged a constant war against Robert Cecil for control of the English government. The position of Master of the Rolls had become vacant in April 1593, and Coke
4329-419: The Crown, expected to bring all charges on its behalf and serve as its legal advisor in any situation. Coke was appointed in a time of particular difficulty; besides famine and the conflict with Spain, war had recently broken out in Ireland . Coke primarily dealt with matters of treason, such as the cases of Sir John Smythe and Edward Squire . He also handled religious incidents such as the disputes between
4440-442: The English throne, and to accept 600,000 marks from the Spanish government. As such, Raleigh was charged with supporting Stuart's claim to the throne and claiming Spanish money. He pleaded not guilty, with Coke's only evidence being a confession from Cobham, who was described as "a weak and unprincipled creature ... who said one thing at one time, and another thing in another, and could be relied upon in nothing". This case
4551-461: The English throne, taking the title James I , and the Cokes immediately began ingratiating themselves with the new monarch and his family. Elizabeth Hatton , Coke's wife, travelled to Scotland to meet Anne of Denmark , the incoming Queen, and "the high-tempered beauty somehow pleased that withdrawn, strong-willed woman ... for as long as Anna lived ... Lady Hatton and her husband would retain
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4662-574: The Greek tongue". The students were taught rhetoric based on the Rhetorica ad Herennium , and Greek centred on the works of Homer and Virgil . Coke was taught at Norwich to value the "forcefulness of freedom of speech", something he later applied as a judge. Some accounts relate that he was a diligent student who applied himself well. After leaving Norwich in 1567 he matriculated to Trinity College, Cambridge , where he studied for three years until
4773-401: The High Commission's practices; he replied that "No man ecclesiastical or temporal shall be examined upon secret thoughts of his heart or of his secret opinion". During this period a "notorious suit" ran through the courts, known as Fuller's Case after the defendant, Nicholas Fuller . A barrister, Fuller had several clients fined by the High Commission for non-conformity , and stated that
4884-403: The High Commission's procedure was "popish, under jurisdiction not of Christ but of anti-Christ". For this, Fuller was held in custody for contempt of court. The Court of King's Bench argued that this was a lay matter, while the High Commission claimed it fell under their jurisdiction. Coke had no official role, other than acting as a mediator between the two, but in the end, Fuller was convicted by
4995-406: The High Commission. Thomas Bonham v College of Physicians , commonly known as Dr. Bonham's Case was a decision of the Court of Common Pleas under Coke in which he ruled that in many cases, the common law will controul Acts of Parliament, and sometimes adjudge them to be utterly void: for when an Act of Parliament is against common right and reason, or repugnant, or impossible to be performed,
5106-466: The High Commission. This was a defeat for the common law, and in response, Coke spent the summer issuing writs of prohibition to again challenge Bancroft and the High Commission. On 6 November 1608, the common law judges and members of the High Commission were summoned before the king and told that they would argue and allow him to decide. Finding themselves unable to even argue coherently, instead "[standing] sullen, merely denying each others' statements",
5217-480: The House of Commons . Following a promotion to Attorney General he led the prosecution in several notable cases, including those against Robert Devereux , Sir Walter Raleigh , and the Gunpowder Plot conspirators. As a reward for his services he was first knighted and then made Chief Justice of the Common Pleas . As Chief Justice, Coke restricted the use of the ex officio ( Star Chamber ) oath and, in
5328-480: The Inner Temple he was called to the Bar on 20 April 1578, a remarkably fast rate of progress given the process of legal education at the time, which normally required eight years of study. Polson, a biographer of Coke, suggests that this was due to his knowledge of the law, which "excited the Benchers ". After being called to the Bar on 20 April 1578 Coke immediately began practising as a barrister. His first case
5439-414: The King", to which James replied "The King protecteth the law, and not the law the King! The King maketh judges and bishops. If the judges interpret the laws themselves and suffer none else to interpret, they may easily make, of the laws, shipmen's hose!". Coke rejected this, stating that while the monarch was not subject to any individual, he was subject to the law. Until he had gained sufficient knowledge of
5550-543: The Sovereign, and no one can be a vassal to himself.) The properties associated with the earldom became part of what was later called the Duchy of Lancaster . In 1564 the earldom was again created for Queen Elizabeth I 's favourite, Robert Dudley . Since Dudley died without heirs, the title became extinct at his death. The title was again created in 1618 for Robert Sidney ( Baron Sydney ), his nephew. Prior to being granted
5661-479: The age of eight in 1560, Coke began studying at the Norwich Free Grammar School . The education there was based on erudition, the eventual goal being that by the age of 18 the students would have learned "to vary one sentence diversely, to make a verse exactly, to endight an epistle eloquently and learnedly, to declaim of a theme simple, and last of all to attain some competent knowledge of
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#17327830667575772-502: The basis of judicial review and the declaration of legislation as unconstitutional in the United States. Gary L. McDowell calls this "one of the most enduring myths of American constitutional law and theory, to say nothing of history", pointing out that at no point during the Constitutional Convention was Bonham's Case referenced. Coke was transferred from the Common Pleas, where he was succeeded by Hobart , to
5883-402: The bench on 14 November 1616. With no chance of regaining his judicial posts, he instead returned to Parliament, where he swiftly became a leading member of the opposition. During his time as a Member of Parliament he wrote and campaigned for the Statute of Monopolies , which substantially restricted the ability of the monarch to grant patents , and authored and was instrumental in the passage of
5994-471: The common law will controul it, and adjudge such Act to be void Coke's meaning has been disputed over the years; some interpret his judgment as referring to judicial review of statutes to correct misunderstandings which would render them unfair, while others argue he meant that the common law courts have the power to completely strike down those statutes they deem to be repugnant. Whatever Coke's meaning, after an initial period of application, Bonham's Case
6105-407: The condition that they train English apprentices and pass on their knowledge. The letters did not grant a full monopoly; rather they acted as a passport, allowing foreign workers to travel to England and practice their trade. This process continued for three centuries, with formal procedures set out in 1561 to issue letters patent to any new industry, allowing monopolies. The granting of these patents
6216-483: The death of the 4th Earl . His property was split between his two sisters, with Simon IV de Montfort , the son of the eldest sister, acquiring Leicester and the rights to the earldom. (The husband of the younger daughter, Saer de Quincy , was created Earl of Winchester .) However, Simon IV de Montfort was never formally recognized as earl, due to the antipathy between France and England at that time. His second son, Simon V de Montfort , did succeed in taking possession of
6327-430: The duties. On 25 April 1616 the courts, at Coke's bidding, held that this action was illegal, writing to the king that "in case any letters come unto us contrary to law, we do nothing by such letters, but certify your Majesty thereof, and go forth to do the law notwithstanding the same". James called the judges before him and, furious, ripped up the letter, telling them that "I well know the true and ancient common law to be
6438-534: The earldom and its associated properties. He is the Simon de Montfort who became so prominent during the reign of Henry III . He was killed at the Battle of Evesham in 1265, and his lands and titles were forfeited. In 1267 the title was created a second time and granted to the king's youngest son, Edmund Crouchback . In 1276 he also became Earl of Lancaster , and the titles became united. Crouchback's son Thomas lost
6549-427: The earldom when he was executed for treason in 1322, but a few years later, it was restored to his younger brother Henry. Henry's son Henry of Grosmont left only two daughters, and his estate was divided between them, the eldest daughter Matilda receiving the earldom, which was held by her husband William V of Holland . (The two passages of the earldom via females illustrate the medieval practice by which such inheritance
6660-537: The earldom, Robert Sidney was granted the subsidiary title of Viscount Lisle on 4 May 1605. The Sidneys retained the titles until the death of the seventh Earl in 1743, when the titles again became extinct. The title of earl was then recreated for Thomas Coke (pronounced "Cook"), but it became extinct when he, too, died without heirs. The title was again bestowed upon George Townshend , 17th Baron Ferrers of Chartley and 8th Baron Compton , eldest son and heir apparent of George Townshend, 4th Viscount Townshend , later
6771-553: The early Britons, but a more likely hypothesis is that the spelling arose from an attempt to disguise the word "cook". That "cook" and "coke" were homonyms at this time is shown by the fact that Coke's second wife, Elizabeth Hatton , regularly spelt his name "Cook" when writing to him. Coke's father, Robert Coke, was a barrister and Bencher of Lincoln's Inn who built up a strong practice representing clients from his home area of Norfolk. Over time, he bought several manors at Congham , West Acre and Happisburgh , all in Norfolk, and
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#17327830667576882-518: The end of 1570, when he left without gaining a degree. Little is known of his time at Trinity, though he certainly studied rhetoric and dialectics under a program instituted in 1559. His biographers felt he had all the intelligence to be a good student, though a record of his academic achievements has not been found. Coke was proud of Cambridge and the time he spent there, later saying in Dr. Bonham's Case that Cambridge and Oxford were "the eyes and soul of
6993-526: The first Marquess Townshend . Townshend was a female-line great-great-great-grandson of Lady Lucy Sydney, daughter of the second Earl of the 1618 creation. The earldom became extinct yet again upon the death of his son , the third Marquess and second Earl, in 1855 (the marquessate was passed on to a cousin and is extant). The Coke family is descended from the noted judge and politician Sir Edward Coke , Lord Chief Justice from 1613 to 1616. Through his son Henry Coke , his great-great-great-grandson Thomas Coke
7104-623: The forward movement of contract law; Coke's argument in Slade's Case formed the first definition of consideration . Thanks to his work on their behalf, Coke had earned the favour of the Dukes of Norfolk. When he secured the Lordship of Aldeburgh for them in 1588 he also obtained the Aldeburgh parliamentary constituency , which elected two Members of Parliament (MPs). With their support, Coke
7215-494: The gospel in his area. Denny retorted by telling Cromwell "you like not of me, since you like those that maintain sedition". Cromwell argued that Denny was guilty of scandalum magnatum , slander against a peer of the realm because his statement implied that Cromwell himself was seditious or had seditious tendencies. The case was actually two actions, with the first judgement being given in Denny's favour after Coke's research found
7326-411: The government's two strongest defenders in Parliament, made several efforts to put off or end the debate over the bills. Cecil first pointed out that the Queen had forbidden bills on religion; Parliament ignored him, and the bill went ahead. Coke, as Speaker of the House of Commons (whose job was to schedule any bills), conducted a delaying campaign, first suggesting that the bill was too long to be read in
7437-456: The group was dismissed and reconvened a week later. Coke, speaking for the judges, argued that the jurisdiction of the ecclesiastical courts was limited to cases where no temporal matters were involved and the rest left to the common law. At this point, the King's own position in relation to the law, and his authority to decide this matter, was brought up, in what became known as the Case of Prohibitions . James stated that "In cases where there
7548-406: The issue to grow in importance; according to P.B. Waite , a Canadian historian, Bancroft's zeal and strictness "could hardly fail to produce an atmosphere in which principles and issues would crystallize, in which logic would supplant reasonableness". The judges, particularly Coke, began to unite with Parliament in challenging the High Commission. In 1607 Parliament openly asked for Coke's opinion on
7659-514: The judiciary, Coke was re-elected to Parliament as an MP, ironically by order of the King, who expected Coke to support his efforts. Elected in 1620, Coke sat for Liskeard in the 1621 Parliament, which was called by the King to raise revenues; other topics of discussion included a proposed marriage between the Prince of Wales and Maria Anna of Spain , and possible military support for the King's son-in-law, Frederick V, Elector Palatine . Coke became
7770-443: The law, he had no right to interpret it; he pointed out that such knowledge "demanded mastery of an artificial reason ... which requires long study and experience, before that a man can attain to the cognizance of it". Coke was only saved from imprisonment by Cecil, who pleaded with the King to show leniency, which he granted. After the conclusion of this dispute, Coke freely left, and continued to issue writs of prohibition against
7881-556: The law. He subsequently sat as MP for Coventry (1624), Norfolk (1625) and Buckinghamshire (1628). In June 1614, the University of Cambridge by unanimous vote elected Coke High Steward , an honorary office immediately below Chancellor of the University. Through Cecil, (previously High Steward and then Chancellor of Cambridge), Coke had procured for the university the right to send its own two representatives to Parliament,
7992-565: The lawyers and judges felt differently, recommending fines and confinement in the Tower of London . In the end a compromise was reached, with Devereux put under house arrest and dismissed from all his government offices. Devereux immediately began plotting rebellion. Orders were sent out for "bedding" and "draperies" – codenames for weapons – and rebellious gentlemen gathered at Essex House to hear him talk of Elizabeth's "crooked mind and crooked carcass". In response, Coke and Cecil began
8103-498: The matter, and by the epistle itself, for what end and for whose behalf it was made, but also the Earl himself being present so often at the playing thereof, and with great applause giving countenance to it". The charges were never brought because of an incident that soon transpired. On 8 February 1601 Devereux ordered his followers to meet at Essex House. A day later a group of emissaries led by Thomas Egerton and John Popham were sent to Devereux and immediately taken hostage. After
8214-500: The monarch. Coke's first case of note there was Peacham's Case , in which he dictated that the writing of a sermon by the Puritan clergyman Edmund Peacham which advocated the death of the king – a sermon which was never preached or published – could not constitute treason. The King was unwilling to accept this decision and instead had him tried by Coke's opponents on the bench, who "not surprisingly" found him guilty, although his life
8325-476: The morning and then that it be delegated to a committee; both suggestions were voted down by the Commons. Coke continued talking until the end of the Parliamentary day in a filibuster action, granting a day of delay for the government. Immediately afterwards, Coke was summoned by the Queen, who made it clear that any action on the bills would be considered evidence of disloyalty. The warning was accepted by
8436-601: The most admired and venerated of Judges". Some assert that Coke became Chief Justice due to his prosecutions of Raleigh and the Gunpowder Plot conspirators, but there is no evidence to support this; instead, it was traditional at the time that a retiring Chief Justice would be replaced with the Attorney General. Coke's changed position from Attorney General to Chief Justice allowed him to openly attack organisations he had previously supported. His first target
8547-472: The most favourable to Kings of any law in the world, to which law I do advise you my Judges to apply your studies". While all the other judges "succumbed to royal pressure and, throwing themselves on their knees, prayed for pardon", Coke defended the letter and stated that "When the case happens I shall do that which shall be fit for a judge to do". This was the last straw; on advice from Bacon , who had long been jealous of Coke, James I suspended Coke from
8658-581: The network of lawyers and stewards who held his estates together. Coke's uncle Thomas Gawdy had served as Steward to the Third Duke of Norfolk , and during the 1580s Coke was employed by the Howards to counter lawyers employed by the Crown, who argued that the Howards' lands were forfeit owing to the treason of the 4th Duke . As well as defeating these direct attacks Coke travelled to Cardiff to answer
8769-436: The position only briefly; by the time he returned from a tour of Norfolk to discuss election strategy, he had been confirmed as Speaker of the House of Commons by the Privy Council , having been proposed by Francis Knollys and Thomas Heneage following his return to Parliament as MP for Norfolk . Coke held the positions of Speaker and Solicitor-General at the same time, although he did not take up his post as Speaker until
8880-590: The proofs against the prisoner were weaker than in this trial ... never was an accused person condemned on slighter grounds". Raleigh was brought to trial on 17 November 1603, on charges of "conspiring to deprive the King of his Government; to alter religion; to bring in the Roman superstition; and to procure foreign enemies to invade the kingdom". The government alleged that on 11 June 1603, Raleigh had met with Lord Cobham, and they had agreed to bring Lady Arbella Stuart (a great great granddaughter of Henry VII ) to
8991-500: The prosecution for the government – an easy one, since the conspirators had no legal representation – and through his speeches, "blacken[ed] them in the eyes of the world". The conspirators were all sentenced to death and died through various means. Due to his judicial appointment, this was the last important prosecution Coke participated in. In 1606 Coke reported the Star Chamber case De Libellis Famosis, which ruled that truth
9102-560: The publishing. Coke interviewed Hayward's licensing cleric, Samuel Harsnett , who complained that the dedication had been "foisted" on him by Devereux. In reaction, Coke decided to bring charges of treason against Devereux, saying that he had "plotted and practised with the Pope and king of Spain for the deposing and selling of himself as well as the crown of England ... His permitting underhand that treasonable book of Henry IV to be printed and published; it being plainly deciphered, not only by
9213-493: The queen's affection and trust". Coke attended divine service with the new king on 22 May, who, following the service, took a sword from his bodyguard and knighted Coke. Coke was reconfirmed as Attorney General under James, and immediately found himself dealing with "a series of treasons, whether real or imaginary". The first of these was the trial of Sir Walter Raleigh ; according to Cuthbert William Johnson , one of Coke's biographers, "There is, perhaps, no reported case in which
9324-469: The realm, from whence religion, the humanities, and learning were richly diffused into all parts of the realm." After leaving Trinity College he travelled to London, where he became a member of Clifford's Inn in 1571. This was to learn the basics of the law – the Inns of Chancery , including Clifford's Inn, provided initial legal education before transfer to the Inns of Court , where one could be called to
9435-403: The rest "frittered away" in exchange for "[conquering] nothing". On 5 June 1600, he faced a panel of Privy Councillors, judges and members of the nobility at York House, where he was charged with appointing generals without the Queen's permission, ignoring orders and negotiating "very basely" with the leader of the rebel forces. While the members of the nobility wished to be gentle with Devereux,
9546-446: The same root) stand as co-heirs, so some such titles are in such a state of abeyance between these. Baronets , while holders of hereditary titles, as such are not peers and not entitled to stand for election in the House of Lords. Knights , dames and holders of other non-hereditary orders, decorations, and medals are also not peers. The following tables only show peerages, still in existence. For lists of every peerage created at
9657-426: The sister of Nicholas Hare . Edward Coke was born on 1 February 1552 in his father's manor of Mileham in Norfolk (acquired by him in 1553) one of eight children. The other seven were daughters – Winifred, Dorothy, Elizabeth, Ursula, Anna, Margaret and Ethelreda – although it is not known in which order the children were born. Two years after Robert Coke died on 15 November 1561, his widow married Robert Bozoun,
9768-399: The state opening of Parliament on 19 February 1593 (despite being confirmed on 28 January 1593). After "disabling" himself in the House of Lords (a ceremony in which the incoming Speaker apologised for his failings) Parliament was suspended until 24 February; Coke returned two days later, having suffered from a stomach problem. The Parliament was intended to be a brief and simple one; with
9879-519: The titles held by his great-uncle were revived when Coke was raised to the Peerage of the United Kingdom as Viscount Coke and Earl of Leicester , of Holkham in the County of Norfolk. This was despite the fact that the 1784 creation of the earldom held by the Townshend family was then still extant (then "usurped" by John Dunn-Gardner ), hence the territorial designation "of Holkham". Lord Leicester
9990-534: The tongue as a way of further showing Raleigh's guilt. Raleigh was found guilty and imprisoned in the Tower of London for more than a decade before finally being executed. It is generally concluded that the trial was biased strongly against Raleigh, although the assessment of Coke varies. While Magruder, in the Scottish Law Review , writes that Coke's "fair fame was tarnished and outraged" by his part in
10101-571: The trial, Boyer notes that Coke was, above all, loyal. He prosecuted Raleigh in that fashion because he had been asked to show Raleigh's guilt by the king, and as Attorney General, Coke was bound to obey. The next significant government prosecution was the trial of the eight main Gunpowder Plot conspirators in Westminster Hall. The men were indicted on 27 January 1605 and tried by the Lords Commissioners . Coke conducted
10212-405: Was "no case at all ... It supports the general charges in the indictment only by the vaguest possible reference to 'these practices,' and 'plots and invasions' of which no more is said". Coke's behaviour during the trial has been repeatedly criticised; on this weak evidence, he called Raleigh a "notorious traitor", "vile viper" and "damnable atheist", perverting the law and using every slip of
10323-563: Was a highly influential judge; within England and Wales, his statements and works were used to justify the right to silence , while the Statute of Monopolies is considered to be one of the first actions in the conflict between Parliament and monarch that led to the English Civil War . In America, Coke's decision in Dr. Bonham's Case was used to justify the voiding of both the Stamp Act 1765 and writs of assistance , which led to
10434-509: Was a landowner, politician and patron of arts. In 1728 he was raised to the Peerage of Great Britain as Baron Lovel , of Minster Lovel in the County of Oxford, and in 1744 he was created Viscount Coke , of Holkham in the County of Norfolk, and Earl of Leicester , also in the Peerage of Great Britain. Lord Leicester began the construction of Holkham Hall in Norfolk . He married Lady Margaret Tufton, 19th Baroness de Clifford (1700—1775) (see
10545-418: Was allowed in the absence of male heirs.) Matilda, however, soon died, and the title passed to John of Gaunt , husband of her younger sister, Blanche, who was later created Duke of Lancaster . Both the dukedom and the earldom were inherited by John of Gaunt's son, Henry Bolingbroke , and both titles ceased to exist when Henry usurped the throne, as the titles "merged into the crown". (The peers are vassals to
10656-599: Was an English barrister , judge, and politician. He is often considered the greatest jurist of the Elizabethan and Jacobean eras. Born into an upper-class family, Coke was educated at Trinity College, Cambridge , before leaving to study at the Inner Temple , where he was called to the Bar on 20 April 1578. As a barrister, he took part in several notable cases, including Slade's Case , before earning enough political favour to be elected to Parliament, where he served first as Solicitor General and then as Speaker of
10767-400: Was expected to be appointed according to convention; Bacon, therefore, would become Attorney General. Coke reacted by becoming even more dogmatic in his actions on behalf of the Crown, and when Devereux approached the queen on Bacon's behalf, she replied that even Bacon's uncle [Lord Burghley] considered him the second best candidate, after Coke. The Attorney General was the main prosecutor of
10878-573: Was given as a justification for nullifying the legislation. Marbury v. Madison , the American case which forms the basis for the exercise of judicial review in the United States under Article III of the Constitution , uses the words "void" and "repugnant", seen as a direct reference to Coke. Some academics, such as Edward Samuel Corwin , have argued that Coke's work in Bonham's Case forms
10989-469: Was granted a coat of arms, becoming a minor member of the gentry. Coke's mother, Winifred Knightley, came from a family even more intimately linked with the law than her husband. Her father and grandfather had practised law in the Norfolk area, and her sister Audrey was married to Thomas Gawdy , a lawyer and Justice of the Court of King's Bench with links to the Earl of Arundel . This connection later served Edward well. Winifred's father later married Agnes,
11100-538: Was highly popular with the monarch because of the potential for raising revenue; a patentee was expected to pay heavily for the patent, and unlike a tax raise (another method of raising Crown money) any public unrest as a result of the patent was normally directed at the patentee, not the monarch. Over time, this system became more and more problematic; instead of temporary monopolies on specific, imported industries, long-term monopolies came about over more common commodities, including salt and starch. These monopolies led to
11211-501: Was in the Court of King's Bench in 1581, and was known as Lord Cromwell's Case after the claimant, Lord Henry Cromwell, a landlord in Coke's home county of Norfolk. The case was a charge of slander against a Mr Denny, the Vicar of Northlinham and Coke's client. In a dispute with Denny, Cromwell had hired two unlicensed preachers to harass him, denounce the Book of Common Prayer and preach
11322-466: Was made a Serjeant-at-Law , a requirement for his elevation to Chief Justice of the Common Pleas , which occurred on 30 June. His conduct was noted by Johnson as "from the first, excellent; ever perfectly upright and fearlessly independent", although the convention of the day was that the judges held their positions only at the pleasure of the monarch. A biographer of Francis Bacon noted that "[t]he most offensive of Attorney Generals[sic] transformed into
11433-445: Was not a defence against an accusation of seditious libel, and also held that ordinary common law courts could enforce this, a doctrine which thus outlived the Star Chamber after its abolition in 1642. Coke's first judicial postings came under Elizabeth; in 1585, he was made Recorder of Coventry, in 1587 Norwich, and in 1592 Recorder of London , a position he resigned upon his appointment as Solicitor General. On 20 June 1606, Coke
11544-424: Was relatively prosperous and influential – members from the 14th century onwards included an Under-Sheriff , a Knight Banneret , a barrister and a merchant. The name "Coke" was pronounced / ˈ k uː k / during the Elizabethan age , although it is now pronounced / ˈ k ʊ k / . The origin of the name is uncertain: it has been suggested that "Coke" or "Cock" was a word meaning "river" or "chief" among
11655-747: Was returned for Aldeburgh as an MP in February 1589. The political "old guard" began to change around the time Coke became a Member of Parliament. The Earl of Leicester died in 1588, followed by Sir Walter Mildmay , the Chancellor of the Exchequer , a year later, and Sir Francis Walsingham a year after that. In 1592 the Lord Chief Justice died and, according to custom the Attorney General , John Popham , succeeded him, with
11766-453: Was spared. Refusing to admit his guilt, Peacham was tortured on the rack, but "before torture, between torture and after torture; nothing could be drawn from him". In 1616, two years after Peacham's Case , the case of commendams arose. The in commendam writ was a method of transferring ecclesiastical property, which James used in this case to allow Richard Neile to hold his bishopric and associated revenues without actually performing
11877-513: Was succeeded by his eldest son from his second marriage, the second Earl. He served as Lord-Lieutenant of Norfolk for sixty years and was made a Knight of the Garter in 1873. On his death in 1909 the titles passed to his eldest son, the third Earl . He was a colonel in the 2nd Battalion of the Scots Guards and also served as Lord-Lieutenant of Norfolk. He was succeeded by his eldest son,
11988-470: Was succeeded by his first cousin, the sixth Earl in 1976. He was the son of the Hon. Arthur George Coke, second son of the third Earl. Upon his death in 1994, his son became the 7th Earl of Leicester . As of 2015 the titles are held by his son Thomas Edward Coke, the eighth Earl , who succeeded in that year. The family seat is Holkham Hall , near Wells-next-the-Sea , Norfolk . The traditional burial place of
12099-487: Was the Court of High Commission, an ecclesiastical court established by the monarch with nearly unlimited power; it administered a mandatory ex officio oath that deliberately trapped people. The High Commission was vastly unpopular among both common lawyers and Members of Parliament, as the idea of "prerogative law" challenged both authorities. The appointment of Richard Bancroft as Archbishop of Canterbury in 1604 caused
12210-504: Was the son of Philip Roberts and Anne, sister of Lord Leicester, and assumed the surname of Coke in lieu of Roberts. His son Thomas Coke was a politician and noted agriculturalist. Known as "Coke of Norfolk", he sat as a Member of Parliament for many years but is best remembered for his interest in agricultural improvements and is seen as one of the instigators of the British Agricultural Revolution . In 1837
12321-425: Was thrown aside in favour of the growing doctrine of Parliamentary sovereignty . Initially written down by William Blackstone , this theory makes Parliament the sovereign law-maker, preventing the common law courts from not only throwing aside but also reviewing statutes in the fashion Coke suggested. Parliamentary sovereignty is now the universally-accepted judicial doctrine in England and Wales. Bonham's Case met
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