A leading historian once wrote that what Sir Francis Bacon and William Shakespeare were to philosophy and literature, Sir Edward Coke was to the common law—the legal tradition drawn from judicial decisions. Coke, who served as solicitor general and attorney general to Queen Elizabeth I, was also chief justice during the reign of James I.
· Sir Matthew Hale SL (1 November – 25 December ) was an influential English barrister, judge and lawyer most noted for his treatise Historia Placitorum Coronæ, or The History of the Pleas of the kaja-net.com://kaja-net.com(jurist). · Among the leading contributing English legal scholars and philosophers are Sir Edward Coke (–), John Locke (–), and Sir William Blackstone (–). It is difficult to overstate the influence of any one of these thinkers on the kaja-net.com Sir Edward Coke, one of the most famous jurist and politicians in English history, was born on February 1, in Mileham, Norfolk, England. He was educated at Norwich Grammar School and Trinity College in Cambridge, and entered the, Inner Temple or colleges in the university of law in
Magdalen Hall, Oxford now Hertford College As a judge, Hale was noted for his resistance to bribery and his willingness to make politically unpopular decisions which upheld the law. In both positions, he was again noted for his integrity, although not as a particularly innovative judge.
Following a bout of illness he retired on 20 Februarydying ten months later on 25 December Hale is almost universally appreciated as an excellent judge and jurist, with his central legacy coming through his written work, published after his death. 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.
His thoughts on marital rapeexpressed in the Historia, continued in English law untiland he was cited in court as recently as Such an allegation would be a question of law rather than a question of fact, and as such decided by the judge with no reference to the jurors. Hale thus passed into the care of Anthony Kingscot, one of his father's relatives.
Stanton, the vicar of Wotton known as the "scandalous vicar" due to his extremist puritan views. Both Kingscot and Stanton had intended this to be his career, and his education had been conducted with that in mind.
Hale also regularly attended church, private prayer-meetings, and was described as "simple in his attire, and rather aesthetic". In light of this, he abandoned his desire to become a priest and instead decided to become a soldier. His relatives were unable to persuade him to become a priest, or even a lawyer, with Hale describing lawyers as "a barbarous set of people unfit for anything but their own trade".
Glanville successfully persuaded Hale to become a lawyer, and, after leaving Oxford at the age of 20 before obtaining a degree, he joined Lincoln's Inn on 8 November His friend recovered, and Hale was restored to his Puritan faith, never drinking to someone's health again not even drinking to the King and going to church every Sunday for 36 years.
He instead settled into his studies, working for up to 16 hours a day during his first two years at Lincoln's Inn before reducing it to eight hours due to health concerns.
He refused to read the news or attend social events, and occupied himself entirely with his studies and visits to church. He sought to help the court reach a just verdict, whatever his client's concerns, and normally returned half his fee or charged a standard fee of 10 shillings rather than allow costs to inflate.
Although unsuccessful, Hale was then called to represent William Laudthe Archbishop of Canterburyduring his impeachment by the House of Lords in October John Wildearguing for the prosecution, admitted that none of Laud's actions amounted to treason, but argued that all of them together did.
Herne, in his arguments written by Hale, retorted that "I crave your mercy, [Wilde]. I never understood before this time that two hundred couple of black rabbits would make a black horse!
First, he largely kept out of the war, even ignoring news of its progress, and instead translating The Life and Death of Pomponious Atticus into English. Hale Commission During the rule of both the Commonwealth and the Protectoratethere was considerable desire for law reform. Many judges and lawyers were corrupt, and the criminal law followed no real reason or philosophy.
Any felony was punishable by death, proceedings were in a form of Norman Frenchand judges regularly imprisoned judges for reaching a verdict they disagreed with.
To that end, on 30 January Hale was appointed chairman of a commission to investigate law reform, which soon became known as the Hale Commission.
The Commission's official remit was defined by the Commons; "taking into consideration what inconveniences there are in the law; and how the mischiefs which grow from delays, the chargeableness and irregularities in the proceedings in the law may be prevented, and the speediest way to reform the same, and to present their opinions to such committee as the Parliament shall appoint".
While these proposals got support, Cromwell refused to allow any MPs into the Commons until they signed an oath recognising his authority, which Hale refused to do.
As such, none of them were passed. Cromwell accepted this constitution, and in December nominated the Upper House's members.
Hale, as a judge, was called to it. This new House's extensive jurisdiction and authority was immediately questioned by the Commons, and Cromwell responded by dissolving the Parliament on 4 February On 16 March General Monck forced the Parliament to vote for its own dissolution and call new elections.
· Coke also considered that the terms of Magna Carta were ‘for the most part declaratory of the principal grounds of the fundamental laws of England, and for the residue it is additional to supply some defects of the common law .kaja-net.com Edward Coke: Common Law Protection for Liberty.
Coke Contributed to America's Independent Judiciary and Judicial Review Historian George Macaulay Trevelyan considered him “one of the most important champions of our liberties.” “Had it not been for Sir Edward Coke’s reports law by this time had been almost like a ship.
· Sir Walter Raleigh: Sir Walter Raleigh, English adventurer and writer, a favorite of Queen Elizabeth I, who knighted him in Accused of treason by Elizabeth’s successor, James I, he was imprisoned in the Tower of London and eventually put to death.
Learn more about Raleigh’s life kaja-net.com · ENGLISH LAWThe system of law that has developed in England from approximately to the kaja-net.com body of English law includes legislation, common law , and a host of other legal norms established by Parliament, the Crown, and the kaja-net.com://kaja-net.com /law/law/english-law.
During the trial he was described by Sir Edward Coke, Lord Chief Justice of the King's Bench as the 'Devil Forman'; the result being that his reputation was severely tarnished. Work Forman's papers have proven to be a treasure trove of rare, odd, unusual data on one of the most kaja-net.com · 44 became a statute in and again in 9 In the fourteenth century it was extended in several Acts of the English Parliament, most notably in the statutes that inserted the phrase due process of law into our constitutional kaja-net.com://kaja-net.com