Coke’s Prohibitions del Roy in a European perspective

Abstract

Edward Coke’s Prohibitions del Roy (1608) at first sight seems a typically English discourse: a common law judge arguing for the independence of the common law courts from his king and from the conciliar courts and civil law jurists. A closer look from a European position reveals another picture, however. Compared with discussions by his (near) contemporaries Fernando Vázquez de Menchaca, Jean Bodin, and Hugo de Groot, it turns out that Coke’s plea fits neatly in a Europe-wide process resulting from growing tension between iurisdictio and imperium and between the traditional and voluntarist approaches of the state and public power, as well as an increase in public functions, that necessitated a sharp distinction between the judicature and the administration. Both in theory and practice new balances had to be found. This article focusses on the theory.