Britannica
Sources used in this answer
How did Sir Edward Coke defend the supremacy of common law at the Court of King’s Bench?
Created from Britannica articles
using AI.
AI can make mistakes, so verify using Britannica articles.
When Sir Edward Coke was appointed chief justice of the Court of King’s Bench in 1613, he continued his lifelong advocacy for the supremacy of common law over all individuals and institutions, with the exception of Parliament.1
At the King’s Bench, Coke defended this supremacy through several key actions:
- Resistance to Royal Interference: He protested the practice of the King consulting judges individually regarding pending cases, insisting that the bench be consulted as a whole to maintain judicial independence.1
- Conflict with the Court of Chancery: Coke initiated a dispute with the Court of Chancery over its practice of using injunctions to interfere with and nullify common-law decisions. He also supported efforts to hold suitors liable for praemunire (an offense against the Crown) if they sought Chancery assistance to defy a King’s Bench decree.1
- Upholding Legal Integrity: He famously refused to submit to royal injunctions regarding ecclesiastical benefices, declaring that he would act only as an honest and just judge should.1
While Coke successfully upheld the common law against the church and royal prerogative, his efforts to assert its supremacy over the Court of Chancery ultimately led to his dismissal in 1616.1