May 5, 2026

Clark on The Knowledge of the Law Is Like a Deep Well: Coke and Bonham's Case in Context

David Clark, Emeritus Professor of Law, Flinders University, has published The Knowledge of the Law is like a Deep Well: Coke and Bonham's Case in Context. Here is the abstract.
The paper takes a private act approach to the case as it was based on a private act of parliament and shows how the legal and linguistic concepts of early seventeenth century England explain the case. The paper critiques prior scholarship for not noting this key distinction and argues that the cases and statutes cited in the case make sense because private acts were treated as on a par with conveyances, grants and other private legal instruments, and as such could be held void in the sense that the act was applicable in the circumstances of the case.
Download the article from SSRN at the link.

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