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149-529: Sir Edward Coke ( / k ʊ k / CUUK , formerly / k uː k / ; 1 February 1552 – 3 September 1634) 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

298-592: 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

447-634: 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 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

596-479: A William Coke in the hundred of South Greenhoe, now the Norfolk town of Swaffham , in around 1150. The family 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

745-506: A barrister to practice in a dual capacity. In some common law jurisdictions, such as New Zealand and some Australian states and territories, lawyers are entitled to practice both as barristers and solicitors, but it remains a separate system of qualification to practice exclusively as a barrister. In others, such as the United States , the distinction between barristers and other types of lawyers does not exist at all. A barrister

894-407: A barrister usually wears a horsehair wig, stiff collar, bands , and a gown. Since January 2008, solicitor advocates have also been entitled to wear wigs, but wear different gowns. In many countries the traditional divisions between barristers and other legal representatives are gradually decreasing. Barristers once enjoyed a monopoly on appearances before the higher courts, but particularly within

1043-416: 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

1192-461: A client in administrative tax appeals) and patent agents ( "benrishi" , qualified to practice patent registration and represent a client in administrative patent appeals). Only the lawyers ( bengoshi ) can appear before the court and are qualified to practice in any areas of law, including, but not limited to, areas that those qualified law-related professionals above are allowed to practice. Most attorneys still focus primarily on court practice and still

1341-576: 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

1490-487: 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

1639-613: 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

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1788-405: A fused profession, arguing and preparing cases in contentious matters, whereas Quebec's other type of lawyer, civil-law notaries ( notaires ), handle out-of-court non-contentious matters. However, a number of areas of non-contentious private law are not monopolized by notaries so that attorneys often specialize in handling either trials, cases, advising, or non-trial matters. The only disadvantage

1937-456: 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

2086-600: A lawyer who represented the client in the lower courts. However, these restrictions do not apply to criminal cases, nor to pleadings at courts of the other court systems, including labour, administrative, taxation, and social courts and the European Union court system. The legal profession in Hong Kong is also divided into two branches: barristers and solicitors. In the High Court of Hong Kong (including both

2235-515: A lawyer, politician, and judge. At 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

2384-701: 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

2533-472: 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

2682-632: A less formal arrangement but this is not compulsory. Devils are not generally paid for their work in their devilling year. Israel In Israel, there is no distinction between barristers and solicitors. Japan adopts a unified system. However, there are certain classes of qualified professionals who are allowed to practice in certain limited areas of law, such as scriveners ( shiho shoshi , qualified to handle title registration, deposit, and certain petite court proceedings with additional certification), tax accountants ( zeirishi , qualified to prepare tax returns, provide advice on tax computation and represent

2831-624: 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

2980-506: 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

3129-517: 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, the lawyers and judges felt differently, recommending fines and confinement in the Tower of London . In

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3278-560: A separate qualification) and who retain exclusivity over conveyancing and probate. After the 1971 and 1990 legal reforms, the avocat was fused with the avoué and the conseil juridique , making the avocat (or, if female, avocate ) an all-purpose lawyer for matters of contentious jurisdiction, analogous to an American attorney. French attorneys usually do not (although they are entitled to) act both as litigators (trial lawyers) and legal consultants (advising lawyers), known respectively as avocat plaidant and avocat-conseil . This distinction

3427-464: 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,

3576-603: 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

3725-513: A single state bar council to practise in India. However, this does not restrict a barrister from appearing before any court in India. For all practical and legal purposes, the Bar Council of India retains with it, the final power to take decisions in any and all matters related to the legal profession on the whole or with respect to any There are two requirements to practise in India. First,

3874-414: A very small number of attorneys give sophisticated and expert legal advice on a day-to-day basis to large corporations. The Netherlands used to have a semi-separated legal profession comprising the lawyer and the procureur , the latter resembling, to some extent, the profession of barrister. Under that system, lawyers were entitled to represent their clients in law, but were only able to file cases before

4023-586: Is a growing tendency for practitioners in the bigger practices to specialize in one or the other. In colloquial parlance within the Nigerian legal profession, lawyers may, therefore, be referred to as "litigators" or as "solicitors". Consistent with the practice in England and elsewhere in the Commonwealth, senior members of the profession may be selected for elevation to the Inner Bar by the conferment of

4172-584: Is a lawyer who represents a litigant as an advocate before a court. A barrister speaks in court and presents the case before a judge, with or without a jury. In some jurisdictions, a barrister receives additional training in evidence law, ethics, and court practice and procedure. In contrast, other legal professionals (such as solicitors) generally meet with clients, perform preparatory and administrative work, and provide legal advice. Barristers often have little or no direct contact with their clients. All correspondence, inquiries, invoices, and so on, will be addressed to

4321-399: Is a split between the roles of barrister and solicitor, the barrister in civil law jurisdictions is responsible for appearing in trials or pleading cases before the courts. Barristers usually have particular knowledge of case law, precedent, and the skills to build a case. When another legal professional is confronted with an unusual point of law, they may seek the opinion of a barrister on

4470-481: Is generally recognised that the first examination is much more difficult than the CAPA and is dreaded by most law students. Each bar is regulated by a Bar Council ( Ordre du barreau ). A separate body of barristers exists called the avocats au Conseil d'Etat et à la Cour de Cassation . Although their legal background, training and status is the same as the all-purpose avocats, these have a monopoly over litigation taken to

4619-478: Is however purely informal and does not correspond to any difference in qualification or admission to the role. All intending attorneys must pass an examination to be able to enrol in one of the Centre régional de formation à la profession d'avocat (CRFPA) (Regional centre for the training of lawyers). The CRFPA course has a duration of two years and is a mix between classroom teachings and internships. Its culmination

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4768-524: Is little overlap. In the Australian states of New South Wales , Victoria and Queensland , there is a split profession. Nevertheless, subject to conditions, barristers can accept direct access work from clients. Each state Bar Association regulates the profession and essentially has the functions of the English Inns of Court. In the states of South Australia and Western Australia , as well as

4917-545: 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

5066-721: Is no formal distinction between barristers and solicitors. All students who pass the bar examinations – offered exclusively by the Nigerian Law School – are called to the Nigerian bar, by the Body of Benchers. Lawyers may argue in any Federal trial or appellate court as well as any of the courts in Nigeria's 36 states and the Federal Capital Territory. The Legal Practitioner's Act refers to Nigerian lawyers as Legal Practitioners, and following their call to

5215-558: 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, 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

5364-670: Is not usually done for interlocutory applications. Wigs and robes are still worn in the Supreme Court and the District Court in civil matters and are dependent on the judicial officer's attire. Robes and wigs are worn in all criminal cases. In Western Australia, wigs are no longer worn in any court. Each year, the Bar Association appoints certain barristers of seniority and eminence to the rank of "Senior Counsel" (in most States and Territories) or "King's Counsel" (in

5513-406: Is relatively common for the barrister to receive the brief from the instructing solicitor to represent a client at trial only a day or two before the proceeding. Part of the reason for this is cost. A barrister is entitled to a "brief fee" when a brief is delivered, and this represents the bulk of his or her fee in relation to any trial. They are then usually entitled to a " refresher " for each day of

5662-697: Is required to maintain certain standards of conduct and professional demeanour at all times. The Bar Council of India prescribes rules of conduct to be observed by the Barristers in the courts, while interacting with clients and in non-professional settings. In the Republic of Ireland , admission to the Bar by the Chief Justice of Ireland is restricted to those on whom a Barrister-at-Law degree (BL) has first been conferred. The Honorable Society of King's Inns

5811-400: Is still a rarity in most jurisdictions, partly because barristers with narrow specialisations, or who are only really trained for advocacy, are not prepared to provide general advice to members of the public. Historically, barristers have had a major role in trial preparation, including drafting pleadings and reviewing evidence. In some areas of law, that is still the case. In other areas, it

5960-532: 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

6109-474: Is that attorneys cannot draw up public instruments that have the same force of law as notarial acts . Most large law firms in Quebec offer the full range of legal services of law firms in common-law provinces. Intending Quebec attorneys must earn a bachelor's degree in civil law, pass the provincial bar examination, and successfully complete a legal internship to be admitted to practice. Attorneys are regulated by

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6258-464: Is the stage final (final training), where the intending attorney spends six months in a law firm (generally in their favoured field of practice and in a firm in which they hope to be recruited afterwards). The intending attorney then needs to pass the Certificat d'Aptitude à la Profession d'Avocat (CAPA) , which is the last professional examination allowing them to join a court's bar ( barreau ). It

6407-671: Is the Bangladesh Legal Practitioners and Bar Council Order as administered and enforced by the Bangladesh Bar Council. The Bar Council is the supreme statutory body that regulates the legal professions in Bangladesh and ensures educational standards and regulatory compliance of advocates. Newly enrolled advocates are permitted to start practice in the district courts after admission. After two years of practice, advocates may apply to practice in

6556-548: Is the only educational establishment which runs vocational courses for barristers in the Republic and degrees of Barrister-at-Law can only be conferred by King's Inns. King's Inns are also the only body with the capacity to call individuals to the bar and to disbar them. Most Irish barristers choose to be governed thereafter by the Bar of Ireland , a quasi-private entity. Senior members of the profession may be selected for elevation to

6705-700: The Australian Capital Territory , the professions of barrister and solicitor are fused, but an independent bar nonetheless exists, regulated by the Legal Practice Board of the state or territory. In Tasmania and the Northern Territory , the profession is fused, although a very small number of practitioners operate as an independent bar. Generally, counsel dress in the traditional English manner (wig, gown, bar jacket and jabot ) before superior courts, although this

6854-530: The Bar Council of India . Under the act, the council is the supreme regulatory body for the legal profession in India, ensuring the compliance of the laws and maintenance of professional standards by the legal profession in the country. The council is authorised to pass regulations and make orders in individual cases. Each state has a bar council whose function is to enrol barristers practising predominantly within that state. Each barrister must be enrolled with

7003-474: 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 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

7152-459: 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

7301-547: The Court of First Instance and the Court of Appeal ) and the Hong Kong Court of Final Appeal , as a general rule, only barristers and solicitor-advocates are allowed to speak on behalf of any party in open court. This means that solicitors are restricted from doing so. In these two courts, save for hearings in chambers, barristers dress in the traditional English manner, as do the judges and other lawyers. In Hong Kong,

7450-414: 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

7599-887: 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 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

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7748-577: 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 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

7897-547: 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

8046-467: The Inn of Court to which they belong. In some countries, there is external regulation. Inns of Court, where they exist, regulate admission to the profession. Inns of Court are independent societies that are responsible for the training, admission, and discipline of barristers. Where they exist, a person may only be called to the bar by an Inn, of which they must be a member. Historically, call to and success at

8195-635: 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

8344-653: 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, the rest "frittered away" in exchange for "[conquering] nothing". On 5 June 1600, he faced

8493-607: 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

8642-602: 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

8791-518: The United Kingdom this is no longer true. Solicitor-advocates and qualified chartered legal executives can generally appear on behalf of clients at trial. Increasingly, law firms are keeping even the most advanced advisory and litigation work in-house for economic and client relationship reasons. Similarly, the prohibition on barristers taking instructions directly from the public has also been widely abolished. But, in practice, direct instruction

8940-465: The procureur as a separate profession was abolished and its functions merged with the legal profession in 2008. Currently, lawyers can file cases before any court, regardless of where they are registered. The only notable exception concerns civil cases brought before the Supreme Court , which have to be handled by lawyers registered at the Supreme Court, thus gaining from it the title "lawyer at

9089-425: The 14th century and during the course of the 19th and 20th in particular, French barristers competed in territorial battles over respective areas of legal practice against the conseil juridique (legal advisor, transactional solicitor) and avoué (procedural solicitor), and expanded to become the generalist legal practitioner, with the notable exception of notaires (notaries), who are ministry appointed lawyers (with

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9238-505: 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

9387-410: 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

9536-431: 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 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

9685-433: The Bar , Nigerian lawyers enter their names in the register or Roll of Legal Practitioners kept at the Supreme Court. For this reason, a Nigerian lawyer is often referred to as a Barrister and Solicitor of the Supreme Court of Nigeria, and many Nigerian lawyers term themselves Barrister-at-Law with the postnominal initials "B.L". The vast majority of Nigerian lawyers combine contentious and non-contentious work, although there

9834-469: The Bar of Ireland's Law Library. To practise under the Bar of Ireland's rules, a newly qualified barrister is apprenticed to an experienced barrister of at least seven years' experience. This apprenticeship is known as pupillage or devilling . Devilling is compulsory for those barristers who wish to be members of the Law Library and lasts for one legal year. It is common to devil for a second year in

9983-540: The Canadian legal profession, lawyers often term themselves as "litigators" (or "barristers"), or as "solicitors", depending on the nature of their law practice though some may in effect practise as both litigators and solicitors. However, "litigators" would generally perform all litigation functions traditionally performed by barristers and solicitors; in contrast, those terming themselves "solicitors" would generally limit themselves to legal work not involving practice before

10132-579: 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

10281-417: 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

10430-440: 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

10579-409: 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

10728-570: 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

10877-400: 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

11026-403: 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

11175-405: 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,

11324-465: 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",

11473-611: The High Court Division of the Supreme Court of Bangladesh by passing the Bar Council Examination. Only advocates who are barristers in the United Kingdom may use the title of barrister. In Canada (except Quebec ), the professions of barrister and solicitor are fused, and many lawyers refer to themselves with both names, even if they do not practise in both areas. In colloquial parlance within

11622-564: The Inner Bar, when they may describe themselves as Senior Counsel ("SC"). All barristers who have not been called to the Inner Bar are known as Junior Counsel (and are identified by the postnominal initials "BL"), regardless of age or experience. Admission to the Inner Bar is made by declaration before the Supreme Court , patents of precedence having been granted by the Government . Irish barristers are sole practitioners and may not form chambers or partnerships if they wish to remain members of

11771-477: 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

11920-414: 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

12069-512: 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

12218-522: 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, 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

12367-547: The Northern Territory, Queensland, Victoria and South Australia). Such barristers carry the title "SC" or "KC" after their name. The appointments are made after a process of consultation with members of the profession and the judiciary. Senior Counsel appear in particularly complex or difficult cases. They make up about 14 per cent of the bar in New South Wales. In Bangladesh, the law relating to barristers

12516-497: The Quebec Law Society ( Barreau du Québec ). In France, avocats , or attorneys, were, until the 20th century, the equivalent of barristers. The profession included several grades ranked by seniority: avocat-stagiaire (trainee, who was already qualified but needed to complete two years (or more, depending on the period) of training alongside seasoned lawyers), avocat , and avocat honoraire (emeritus barrister). Since

12665-882: The Sheriff of the City of New York. In this case, the First Deputy Sheriff, equivalent to Chief Deputy, is the second in charge of the Sheriff's Office. In England , Wales , and Northern Ireland , but not in Scotland , the under-sheriff is the deputy of the High Sheriff and is appointed directly by the High Sheriff. It is a requirement of the Sheriffs Act 1887 that a High Sheriff appoints an under-sheriff within one month of taking office. In practice,

12814-557: The Supreme Court". In New Zealand, the professions are not formally fused but practitioners are enrolled in the High Court as "Barristers and Solicitors". They may choose, however, to practice as barristers sole. About 15% practice solely as barristers, mainly in the larger cities and usually in "chambers" (following the British terminology). They receive "instructions" from other practitioners, at least nominally. They usually conduct

12963-479: The applicant must be a holder of a law degree from a recognised institution in India (or from one of the four recognised universities in the United Kingdom). Second, they must pass the enrolment qualifications of the bar council of the state they seek to be enrolled in. Through regulation, the Bar Council of India also ensures the standard of education required for practising in India is met with. A barrister

13112-411: The bar, to a large degree, depended upon social connections made early in life. A bar collectively describes all members of the profession of barrister within a given jurisdiction. While as a minimum the bar is an association embracing all its members, it is usually the case, either de facto or de jure , that the bar is invested with regulatory powers over the manner in which barristers practice. In

13261-500: 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

13410-461: 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,

13559-450: The common law tradition, the respective roles of a lawyer, as legal adviser and advocate, were formally split into two separate, regulated sub-professions. Historically, the distinction was absolute, but in the modern age, some countries that had a split legal profession now have a fused profession . In practice, the distinction in split jurisdictions may be minor, or marked. In some jurisdictions, such as Australia, Scotland and Ireland, there

13708-467: 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

13857-405: 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

14006-454: The court at which they were registered. Cases falling under the jurisdiction of another court had to be filed by a procureur registered at that court, in practice often another lawyer exercising both functions. Questions were raised on the necessity of the separation, given the fact that its main purpose – the preservation of the quality of the legal profession and observance of local court rules and customs – had become obsolete. For that reason,

14155-482: The courts (not even in a preparatory manner as performed by solicitors in England), though some might practise before chambers judges. As is the practice in many other Commonwealth jurisdictions such as Australia, Canadian litigators are gowned, but without a wig, when appearing before courts of superior jurisdiction. All law graduates from Canadian law schools, and certified internationally qualified lawyers, can apply to

14304-429: 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

14453-406: 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

14602-469: 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

14751-620: 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

14900-414: The foundations of our law", and his Reports , which have been called "perhaps the single most influential series of named reports". Historically, he 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

15049-411: 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

15198-455: 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

15347-405: 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

15496-825: The issue. In most countries, barristers operate as sole practitioners and are prohibited from forming partnerships or from working as a barrister as part of a corporation. In 2009, the Clemens Report recommended the abolition of this restriction in England and Wales. However, barristers normally band together into barristers' chambers to share clerks (administrators) and operating expenses. Some chambers grow to be large and sophisticated. In some jurisdictions, barristers may be employed by firms and companies as in-house legal advisers . In court, barristers may be visibly distinguished from solicitors, chartered legal executives, and other legal practitioners by their apparel. For example, in criminal courts in Ireland, England, and Wales,

15645-513: 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

15794-524: The law and giving legal opinions. Barristers are distinguished from solicitors and other types of lawyers (e.g. chartered legal executives) who have more direct access to clients, and may do transactional legal work. In some legal systems, including those of South Africa , Scandinavia , Pakistan , India , Bangladesh , and the British Crown dependencies of Jersey , Guernsey and the Isle of Man ,

15943-442: 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

16092-554: 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,

16241-572: The legal adviser, who is also primarily responsible for the barrister's fees. In England and Wales, solicitors and chartered legal executives can support barristers when in court, such as managing through the managing of large volumes of documents in the case or negotiating a settlement outside the courtroom. A barrister will usually have rights of audience in the higher courts, whereas other legal professionals will often have more limited access, or will need to acquire additional qualifications to have such access. As in common law countries in which there

16390-496: 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

16539-499: 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

16688-476: 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

16837-599: 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

16986-471: 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

17135-429: The name is uncertain: it has been suggested that "Coke" or "Cock" was a word meaning "river" or "chief" among 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,

17284-579: 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

17433-434: 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

17582-675: The presence of Parliament, the king reacted by tearing the offending page from the Journal , declaring that it should be "razed out of all memories and utterly annihilated", and then dissolved Parliament. Coke was then imprisoned in the Tower of London on 27 December, being released nine months later. Barrister Ireland: Barrister-at-Law degree with pupillage A barrister is a type of lawyer in common law jurisdictions . Barristers mostly specialize in courtroom advocacy and litigation . Their tasks include arguing cases in courts and tribunals , drafting legal pleadings , researching

17731-457: The proceedings in their entirety. Any lawyer may apply to become a King's Counsel (KC) to recognize the long-standing contribution to the legal profession but this status is only conferred on those practicing as solicitors in exceptional circumstances. This step referred to as "being called to the inner bar" or "taking silk", is considered highly prestigious and has been a step in the career of many New Zealand judges. Unlike other jurisdictions,

17880-588: 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

18029-498: 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

18178-560: 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

18327-490: 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

18476-416: The rank of Senior Advocate of Nigeria (SAN). Under-Sheriff In American law enforcement , the undersheriff is the person second in charge of a sheriff 's office. In some departments, the title of undersheriff is official, while in others, a different official title is used for the second person in charge. For example, in many small departments, the title of chief deputy sheriff is often used for

18625-485: The rank of King's Counsel was granted prior to the handover of Hong Kong from the United Kingdom to China in 1997. After the handover, the rank has been replaced by Senior Counsel post-nominal letters : SC. Senior Counsel may still, however, style themselves as silks, like their British counterparts. In India , the law relating to barristers is the Advocates Act, 1961, which is administered and enforced by

18774-467: 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

18923-459: The relevant provincial law society for admission. A year of articling as a student supervised by a qualified lawyer and the passing of provincial bar exams are also required for an individual to be called to bar as a barrister and solicitor. The situation is somewhat different in Quebec as a result of its civil law tradition. The profession of solicitor, or avoué , never took hold in colonial Quebec, so attorneys ( avocats ) have traditionally been

19072-530: The second in command; however, in some large departments, the undersheriff is second in command and in turn oversees several chief deputies. Vice versa, sometimes undersheriff ranks below chief deputy depending on the sheriff’s department. The undersheriff and chief deputy titles are in some cases used to describe the same individual. In some places, the undersheriff is the prison warden of the county jail . The New York City Sheriff's Office has five undersheriffs serving each borough of New York City , overseen by

19221-507: 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 the Black Death resurgent throughout England and

19370-483: The supreme courts, in civil, criminal or administrative matters. In Germany, no distinction between barristers and solicitors is made. Lawyers may plead at all courts except the civil branch of the Federal Court of Justice ( Bundesgerichtshof ), to which fewer than fifty lawyers are admitted. Those lawyers, who deal almost exclusively with litigation, may not plead at other courts and are usually instructed by

19519-470: The term "junior barrister" is popularly used to refer to a lawyer who holds a practicing certificate as a barrister, but is employed by another, more senior barrister. Generally, junior barristers are within their first five years of practice and are not yet qualified to practice as barristers sole. Barristers sole (i.e. barristers who are not employed by another barrister) who are not King's Counsel are never referred to as junior barristers. In Nigeria , there

19668-493: 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 , a Puritan Member of Parliament, proposed two new bills: one against

19817-479: 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

19966-437: The trial after the first, but if a case is settled before trial, the barrister is not needed and the brief fee would be wasted. Some solicitors avoid this by delaying delivery of the brief until it is certain the case will go to trial. Some benefits of maintaining the split include: Some disadvantages of the split include: Barristers are regulated by the Bar for the jurisdiction where they practice, and in some countries, by

20115-567: 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

20264-495: The word barrister is also regarded as an honorific title. In a few jurisdictions, barristers are usually forbidden from "conducting" litigation, and can only act on the instructions of another lawyer, who perform tasks such as corresponding with parties and the court, and drafting court documents. In England and Wales, barristers may seek authorization from the Bar Standards Board to conduct litigation, allowing

20413-404: 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

20562-460: 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 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

20711-399: 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

20860-571: 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

21009-456: 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 a flaw in the pleadings that invalidated Cromwell's case. His counsel had worked from an inaccurate English copy of

21158-537: 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

21307-653: 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 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

21456-463: 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

21605-443: 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

21754-745: 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

21903-450: 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

22052-486: 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

22201-423: 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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