Chief Justice Coke: Common Law v Royal Absolutism

Abstract

In this contribution Chief Justice Coke's character and contribution to the development of the English law are considered. More specifically the focus falls on his profound knowledge of the Common Law and the concomitant emphasizing of human freedom. Coke's emphasizing of the Common Law was the cause of continuous conflict between himself and King James 1 and later also King Charles 1. True to the Royal approach in this era they strongly endorsed Royal absolutism, believing it stemmed from a divine origin. James 1 enjoyed the support of Sir Francis Bacon. Also between him and Coke intense rivalry, also of a personal nature, existed. Against James 1 and Bacon's continuing attacks on his views, Coke could only turn to the common law.