Coke’s <i>Prohibitions del Roy</i> in a European perspective

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