Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

whttevrr

(2,347 posts)
34. Wow... thanks for the awesome quote!
Wed Aug 7, 2013, 10:12 AM
Aug 2013

I like this guy. He had a lot of courage to declare the king to be subject to the law in the 1500's. I am surprised he was not killed.

wiki

As Chief Justice, Coke restricted the use of the ex officio (Star Chamber) oath and, in the Case of Proclamations and Dr. Bonham's Case, declared the king to be subject to the law, and the laws of Parliament to be void if in violation of "common right and reason"



Herman Melville's use of the quote in this context seems eerily apropos today.


White-Jacket: Or The World In A Man-Of-War By Herman Melville
What can be expected from a court whose deeds are done in the darkness of the recluse courts of the Spanish Inquisition? When that darkness is solemnised by an oath on the Bible? When an oligarchy of epaulets sits upon the bench, and a plebian top-man, without a jury, stands judicially naked at the bar?

In view of these things, and especially in view of the fact that, in several cases, the degree of punishment inflicted upon a man-of-war's-man is absolutely left to the discretion of the court, what shame should American legislators take to themselves, that with perfect truth we may apply to the entire body of the American man-of-war's-men that infallible principle of Sir Edward Coke: "It is one of the genuine marks of servitude to have law either concealed or precarious." But still better may we subscribe to the saying of Sir Mathew Hale in his History of the Common Law, that "the Martial Law, being based upon no settled principles, is, in truth and reality, no law but something indulged rather than allowed as a law."


#secretlawsucks

Recommendations

0 members have recommended this reply (displayed in chronological order):

Should there be "Secret Laws" in a Democracy? questionseverything Aug 2013 #1
Thank you... whttevrr Aug 2013 #3
how ridiculous is it that you can't comfortably google about an episode of "breaking bad". unblock Aug 2013 #2
There is a lot I would like to read about... whttevrr Aug 2013 #4
Like what? tridim Aug 2013 #7
I would like to consult legal representation before answering. whttevrr Aug 2013 #10
You don't have to be specific. tridim Aug 2013 #13
Autobiotic Demagnetization of Paramagnetic Salts whttevrr Aug 2013 #15
I'll do the search right now. Nobody will care and no jack-booted feds will visit me. tridim Aug 2013 #25
No, you don't have to search as if someone's watching over your shoulder... tridim Aug 2013 #5
tridim, Should there be "Secret Laws" in a Democracy? whttevrr Aug 2013 #20
Of course not. tridim Aug 2013 #26
But it does have everything to do with my OP whttevrr Aug 2013 #31
Paranoia is an IMAGINED fear that they're out to get you hobbit709 Aug 2013 #24
What a stupid concept in our new Democratic Century of safety and shopping bliss. Safetykitten Aug 2013 #6
Now that you mention it... whttevrr Aug 2013 #11
Because we are not in a free Democracy. We are in a military state. PowerToThePeople Aug 2013 #8
Guy Fawkes? whttevrr Aug 2013 #12
LOL. tridim Aug 2013 #14
is ignorance bliss? PowerToThePeople Aug 2013 #16
I think he is trying to be funny. whttevrr Aug 2013 #17
I fully admit I'm ignorant to whatever it is your brain is telling you is amiss. nt tridim Aug 2013 #27
Yup Hydra Aug 2013 #18
K & R !!! WillyT Aug 2013 #9
'ignorance of the law is no excuse' markiv Aug 2013 #19
Kick for I don't want a rat in a cage on my head, either. Octafish Aug 2013 #21
I can't believe that teacher made me read that awful book... I think it's banned now {:oÞ whttevrr Aug 2013 #23
Where do you live? Banned? PowerToThePeople Aug 2013 #28
It was snark... whttevrr Aug 2013 #30
Not strong enough FiveGoodMen Aug 2013 #22
K&R woo me with science Aug 2013 #29
Kicked and Recommended! nt Enthusiast Aug 2013 #32
"It is one of the genuine marks of servitude to have the law either concealed or precarious." bemildred Aug 2013 #33
Wow... thanks for the awesome quote! whttevrr Aug 2013 #34
Yes, and THAT is an authority figure when it comes to English law. nt bemildred Aug 2013 #35
Nope. Flash from the past: How Can Congress Debate a Secret Law? Jefferson23 Aug 2013 #36
Latest Discussions»General Discussion»"In a democracy, the law ...»Reply #34