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Sir Edward Coke SL PC ( ("cook"), formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge and, later, opposition politician, who is considered to be the greatest jurist of the Elizabethan and Jacobean eras. Born into a middle-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 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 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 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 the Petition of Right, a document considered one of the three crucial constitutional documents of England, along with the ''Magna Carta'' and the Bill of Rights 1689. With the passage of the Petition of Right in 1628, Coke retired to his estates, where he revised and finished his ''Reports'' and the ''Institutes of the Lawes of England'' before dying on 3 September 1634. 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 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 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. ==Family background and early life== 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 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 during the Elizabethan age, although it is now pronounced .〔 The origins of the name are uncertain; theories are that it was a word for "river" among early Britons, or was descended from the word "Coc", or leader. Another hypothesis is that it was an attempt to disguise the word "cook". 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, Westacre and Happisburgh 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 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 Mileham, 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, 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. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Edward Coke」の詳細全文を読む スポンサード リンク
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