Prohibitions del Roy

The King cannot personally act as a judge: judicial power is exercised by the courts according to law.

Citation
(1607) 12 Co Rep 63
Court
Court of King's Bench
Year
1607
Subject
Public Law
Topic
Royal prerogative

Facts

A dispute arose about the jurisdiction of the ecclesiastical courts. The Archbishop of Canterbury suggested to King James I that the King could take any case he chose away from the judges and decide it himself in person, because the judges were merely his delegates. The question was put to the judges, led by Sir Edward Coke, Chief Justice of the Common Pleas.

Legal principle

Coke CJ, with the agreement of the other judges, advised that the King in his own person cannot adjudge any case, either criminal or civil, but that this ought to be determined and adjudged in some court of justice, according to the law and custom of England. When the King said that he thought the law was founded on reason and that he and others had reason as well as the judges, Coke replied that cases are decided not by natural reason but by the artificial reason and judgment of law, which requires long study and experience. The case is an early statement of the independence of the judiciary and of the rule of law.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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