Friday, August 23, 2019

How did Sir Edward Coke influence Sir William Blackstone?



In 1481 or 1482, Sir Thomas de Littleton wrote a then-famous work called “A Treatise on Tenures.” More than a century later, Sir Edward Coke commented on this work, by writing “The First Part of the Institutes of the Lawes of England, or a Commentary on Littleton in 1628. More than a century after that, Sir William Blackstone discussed Coke’s work in the first volume of his “Commentaries on the Laws of England” in 1765. Coke is the person that Blackstone cited the most in the “Commentaries.” In this great work, Blackstone thus wrote a brief summary of Sir Edward Coke’s writings, to set up his esteemed source (whom he would use often throughout his work). He prefaced this summary with the following praise:


Sir Edward Coke

Lord Chief Justice Coke was “a man of infinite learning in his profession”

“Some of the most valuable of the ancient reports are those published by lord chief justice Coke; a man of infinite learning in his profession, though not a little infected with the pedantry and quaintness of the times he lived in, which appear strongly in all his works. However his writings are so highly esteemed, that they are generally cited without the author's name [footnote].” (Source: Blackstone’s “Commentaries,” Introduction, Section 3)


Sir Thomas de Littleton

Blackstone's summary of Sir Edward Coke ...

Blackstone then gave his brief summary of Sir Edward Coke's writings:

“ … the same learned judge we have just mentioned, Sir Edward Coke; who hath written four volumes of institutes, as he is pleased to call them, though they have little of the institutional method to warrant such a title. The first volume is a very extensive comment upon a little excellent treatise of tenures, compiled by judge Littleton in the reign of Edward the fourth. This comment is a rich mine of valuable common law learning, collected and heaped together from the ancient reports and year books, but greatly defective in method.” (Source: Blackstone’s “Commentaries,” Introduction, Section 3)


Sir Edward Coke



... and his four-volume “Institutes of the Laws of England”

“The second volume,” Blackstone continued, “is a comment upon many old acts of parliament, without any systematical order; the third a more methodical treatise of the pleas of the crown; and the fourth an account of the several species of courts.” (Source: Blackstone’s “Commentaries,” Introduction, Section 3Sir Edward Coke is the person that most influenced Sir William Blackstone, so this discussion of Coke’s influence gives some great insight into Blackstone’s work.


Sir William Blackstone

Sir Edward Coke is the person that most influenced Sir William Blackstone

I have thus dedicated an entire post to this subject on this “Sparks Commentary” blog. By so doing, I have given a commentary on a commentary on a commentary. Despite this commentary thrice removed, I hope that I have given some background into Coke’s massive influence on Blackstone.

If you liked this post, you might also like:

Who is “Thomas de Littleton”?

Lord Coke’s career, and how he got along with the monarchs of his time

Sir Edward Coke wrote the “Petition of Right” in 1628

Alexander Hamilton quoted Blackstone about the Habeas Corpus Act

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Sir Edward Coke

How did Sir Edward Coke influence Sir William Blackstone?

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