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Page "Natural law" ¶ 24
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Coke's and discussion
Theodore Plucknett wrote that " Whoever reads the whole of Herle's remarks can see that he did not regard the statute then under discussion as falling within this category ; on the contrary, he suggested a perfectly obvious and straightforward interpretation of it .... Coke's first authority is far from convincing ".

Coke's and natural
Hale's jurisprudence struck a middle-ground between Edward Coke's " appeal to reason " and John Selden's " appeal to contract ", while refuting elements of Thomas Hobbes's theory of natural law.
For example, drawing on Coke's statement, James Otis, Jr. declared during the struggle over writs of assistance that it was the duty of the courts to ignore Acts of Parliament " against the constitution and against natural equity ", an argument and struggle that had a significant impact on John Adams.

Coke's and law
Coke's preeminence extended across the ocean: " For the American revolutionary leaders, ' law ' meant Sir Edward Coke's custom and right reason.
Coke's active intervention allowed him to " breath new life into medieval law and use it to oppose conciliar justice ", encouraging judges to be more independent and " unfettered except by the common law whose supremacy it was their duty to uphold ".
Coke's theory meant that certainty of the law and " intellectual beauty " was the way to see if a law was just and correct, and that the system of law could eventually become sophisticated enough to be predictable.
Hobbes felt that there was no skill unique to lawyers, and that the law could be understood not through Coke's " reason " ( the method used by lawyers ) but through understanding the King's instructions.
Coke's mother was Winifred Knightley Coke, who came from a family even more intimately linked with the law than her husband.
Coke became involved in Shelley's Case in 1581, a now-classic case that created a rule in real property that is still used in some common law jurisdictions today and also established Coke's reputation as both an attorney and a case reporter.
His next famous case was Chudleigh's Case, a dispute over the interpretation of the Statute of Uses, while his third was 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 the forward movement of contract law ; Coke's argument in the case formed the first definition of consideration.
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 the tongue as a way of further showing Raleigh's guilt.
Coke's meaning has been disputed over the years ; some interpret his judgment as referring simply 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.
Academics have argued that Coke's work in Bonham's Case forms the basis of judicial review and the declaration of legislation as unconstitutional in the United States ; another 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.
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 ".
Martial law was then declared, with continued imprisonment for a failure to pay the forced loans and soldiers billeted in the homes of private citizens to intimidate the population – something which led to Coke's famous declaration that " the house of an Englishman is to him as his castle ".
John Marshall Gest, writing in the Yale Law Journal, notes that " There are few principles of the common law that can be studied without an examination of Coke's Institutes and Reports which summed up the legal learning of his time ", although " the student is deterred by the too common abuse of Coke's character and the general criticism of his writings as dry, crabbed, verbose and pedantic ".
His Law Reports, known as Coke's Reports, were an archive of law reports of cases he had participated in, watched or heard of, and started with notes he made as a law student in winter 1572 ; he started fully reporting cases in October 1579.
The Reports were initially written down in seven notebooks, four of which are still lost ; the first notebook contains not only law reports, but also a draft version of Coke's first Institutes of the Lawes of England.

Coke's and Calvin's
The notion dates from at least 1608, as recorded in Coke's Report of Calvin's Case, wherein it is said " that moral law, honora patrem ... doubtless doth extend to him that is pater patriœ.

Coke's and Case
The idea that courts could nullify statutes originated in England with Chief Justice Edward Coke's 1610 opinion in Dr. Bonham ’ s Case, 8 Co. Rep. 107a.
Scholars have occasionally interpreted Lord Coke's ruling in Dr. Bonham's Case as implying the possibility of judicial review, but by the 1870s, Lord Campbell was dismissing judicial review as " a foolish doctrine alleged to have been laid down extra-judicially in Dr. Bonham's Case ..., a conundrum ought to have been laughed at.
In America, Coke's decision in Dr. Bonham's Case was used to justify the voiding of the Stamp Act 1765 and writs of assistance, which led to the American War of Independence, and 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.
His first case 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.
Whatever Coke's meaning, after an initial period of application, Bonham's Case was thrown aside in favour of the growing doctrine of Parliamentary sovereignty.
Coke's first case of note was Peacham's Case, in which he dictated that the writing of a sermon by Thomas Peacham which advocated the death of the king – a sermon which was never preached or published – could not constitute treason.
Coke's famous Case of Proclamations, and his speech there, was first brought into the public consciousness through its inclusion in Volume 12 of his Reports, and Roland G. Usher, writing in the English Historical Review, notes that " Certain manuscripts at Hatfield House and elsewhere seem to throw some doubt upon this famous account of a famous interview ".
During the legal and public campaigns against the writs of assistance and Stamp Act 1765, Bonham's Case was given as a justification for nullifying the legislation, and in the income tax case of 1895, Joseph Hodges Choate used Coke's argument that a tax upon the income of property is a tax on the property itself to have the Supreme Court of the United States declare the Wilson – Gorman Tariff Act unconstitutional, leading to the passage of the Sixteenth Amendment.
Whatever Coke's meaning, after an initial period when his decision enjoyed some support ( but during which no statutes were declared void ), Bonham's Case was thrown aside in favour of the growing doctrine of Parliamentary sovereignty.
Bonham's Case met a mixed reaction at the time, with King James I and the Lord Chancellor, Lord Ellesmere, both deeply unhappy with it ; it has been suggested as one of the reasons for Coke's dismissal from the Common Pleas in 1613.
Academics have argued that Coke's work in Bonham's Case forms the basis of judicial review and the declaration of legislation as unconstitutional in the United States ; other academics disagree, with one scholar calling this " one of the most enduring myths of American constitutional law and theory, to say nothing of history ".
Plucknett notes that " the Revolution of 1688 marks the abandonment of the doctrine of Bonham's Case ", but in 1701 the common law judges cited Coke's decision with approval in City of London v Woo, with John Holt concluding that Coke's statement is " a very reasonable and true saying ".
Bonham's Case itself was never brought up, only Coke's other writings.

Coke's and is
The 710-page work followed the pattern of Coke's Institutes of the Lawes of England, but was far more methodical ; James Fitzjames Stephen said that Hale's work " was not only of the highest authority but shows a depth of thought which puts it in quite a different category from Coke's Institute ... is far more of a treatise and far less of an index or mere work of practice ".
It is implied that this was a narrow victory, thanks to Coke's defence of unpopular clients, and he was summoned before Elizabeth I, who berated him to the point of tears before confirming him as Solicitor General.
The first of these was the trial of Sir Walter Raleigh ; according to one of Coke's biographers, " There is, perhaps, no reported case in which the proofs against the prisoner were weaker than in this trial ... never was an accused person condemned on slighter grounds ".
It is said that Coke first suggested marrying Hatton to Sir Robert Cecil, Hatton's uncle, at the funeral of Lord Burghley, Coke's patron ; he needed to ensure that he would continue his rise under Burghley's son, Cecil, and did this by marrying into the family.
John Campbell, in his The Lives of the Chief Justices of England, said that " His reasoning ... is narrow minded ; had utter contempt for method and style in his compositions ", and says that Coke's Reports were " tinctured with quaintness and pedantry ".
Coke's challenge to the ecclesiastical courts and their ex officio oath is seen as the origin of the right to silence ; with his decision that common law courts could issue writs of prohibition against such oaths, and his arguments that such oaths were contrary to the common law ( as found in his Reports and Institutes ), Coke " dealt the crucial blow to the oath ex officio and to the High Commission ".
In the trial of Sir Roger Casement for treason, Coke's assertion that treason is defined as " giving aide and comfort to the King's enemies within the realme or without " was the deciding factor.
The Castle doctrine originates from Coke's statement in the Third Institutes that " A man's home is his castle – for where shall he be safe if it not be in his house?
Little is known of Coke's attitude and style as a barrister, but what evidence there is suggests it was a poor one.
Coke's challenge to the Chancery is seen by academic Duncan Kerly as helping him lose his position as a judge, and until its dissolution the Court of Chancery could overrule judgments issued in the common-law courts.
Lord Coke's heir apparent is his only son the Hon.
Although L & P itself is now made on the same production line as Coke's other beverages, an L & P Kiwiana shop and café remains in Paeroa.
The ACCC's chairman, Graeme Samuel, said, " Coke's messages were totally unacceptable, creating an impression which is likely to mislead that Coca-Cola cannot contribute to weight gain, obesity and tooth decay ,".
Coke's main legacy is as an agricultural reformer, not as a politician ; he has historically been credited with sparking the British Agricultural Revolution through the reforms he made to farming on his estates.
Little is known of Coke's father ; Wenman is described as a shy person who " saw little company and lived much out of the world ; his habits were those of a country gentleman, bending his mind to agriculture, moderately addicted to field sports and more than either, to reading in which he passed many hours ; firm in his principles which were those of the old Whig ; amiable in his disposition mild in his manners, he was beloved of his friends ".

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