Editing Edward Coke (section)

==Legacy==
Coke's challenge to the ecclesiastical courts and their ''ex officio'' oath is seen as the origin of the [[right to silence]]. With his decision that common law courts could issue writs of prohibition against such oaths and his arguments that such oaths were contrary to the common law (as found in his ''Reports'' and ''Institutes''), Coke "dealt the crucial blow to the oath ''ex officio'' and to the High Commission".<ref>{{Harvnb|Randall|1956|p=444}}</ref> The case of [[John Lilburne]] later confirmed that not only was such an oath invalid, but that there was a right to silence, drawing from Coke's decisions in reaching that conclusion.<ref>{{Harvnb|Randall|1956|p=453}}</ref> In the trial of [[Roger Casement|Sir Roger Casement]] for treason in 1916, Coke's assertion that treason is defined as "giving aide and comfort to the King's enemies within the realme or without" was the deciding factor in finding him guilty.<ref>{{Harvnb|Glenn|1931|p=451}}</ref> His work in ''Slade's Case'' led to the rise of modern contract law,<ref>{{Harvnb|Boyer|2004b|p=226}}</ref> and his actions in the ''Case of Proclamations'' and the other pleadings which led to his eventual dismissal went some way towards securing judicial independence.<ref>{{Harvnb|Boyer|2004b|p=227}}</ref> The [[Statute of Monopolies]], the foundation for which was laid by Coke and which was drafted by him, is considered one of the first steps towards the eventual [[English Civil War]],<ref>{{Harvnb|Kyle|1998|p=203}}</ref> and also "one of the landmarks in the transition of [England's] economy from the feudal to the capitalist".<ref>{{Harvnb|Bloxam|1957|p=157}}</ref> The legal precept that no one may enter a home unless by invitation, was established as common law in Coke’s ''Institutes''. "For a man's house is his castle, et domus sua cuique est tutissimum refugium [and each man's home is his safest refuge]." It is the origin of the famous [[dictum]], "an Englishman’s home is his castle".<ref>{{cite web |title=An Englishman's home is his castle |url=https://www.phrases.org.uk/meanings/an-englishmans-home-is-his-castle.html |website=Phrases.org.uk |access-date=5 December 2018}}</ref>

Coke was particularly influential in the United States both before and after the [[American War of Independence]]. During the legal and public campaigns against the [[Writ of assistance|writs of assistance]] and [[Stamp Act 1765]], ''Bonham's Case'' was given as a justification for nullifying the legislation,<ref name=mor429/> and in the [[income tax case]] of 1895, [[Joseph Hodges Choate]] used Coke's argument that a tax upon the income of the property is a tax on the property itself to have the [[Supreme Court of the United States]] declare the [[Wilson–Gorman Tariff Act]] unconstitutional. This decision ultimately led to the passage of the [[Sixteenth Amendment to the United States Constitution|Sixteenth Amendment]].<ref>{{Harvnb|Glenn|1931|p=449}}</ref> The [[castle doctrine]] originates from Coke's statement in the ''Third Institutes'' that "A man's home is his castle – for where shall he be safe if it not be in his house?",<ref>{{Harvnb|Campbell|1849|p=81}}</ref> which also profoundly influenced the [[Fourth Amendment to the United States Constitution]];<ref>{{Harvnb|Franklin|1991|p=29}}</ref> the [[Third Amendment to the United States Constitution|Third Amendment]], on the other hand, was influenced by the Petition of Right.<ref>{{Harvnb|Kemp|2010|p=26}}</ref> Coke was also a strong influence on and mentor of [[Roger Williams]], an English theologian who founded the [[Colony of Rhode Island and Providence Plantations|Rhode Island colony]] in North America and was an early proponent of the doctrine of [[separation of church and state]].<ref>{{Harvnb|Barry|2012|pp=23–25}}</ref>