CENTRE for REFORMATION and RENAISSANCE STUDIES VICTORIA UNIVERSITY T O R O N T O ItlSTORV OF ENGLAND 16o3-1642 "FOL. III. WORKS SAMUEL RAWSON GARDINER. IIISTORY OF ENGLAND, from the Accession of ]ames I. to the Outbreak of the Civil Wax, x6o3-x64a, xo vols. crown 8vo. 6s. each. A IIISTOR¥ OF THE GREAT CIVIL WAR, 164z-1649. 4 vols. crown 8vo. 6s. each. A IIISTORY OF THE COMMONWEALTII AND TI1E PRO I'ECTORATE z649-,66. Vol. I. x649-65. With 4 Maps. 8vo. A STUDENT'S HISTORY OF ENGLAND. From the Earliest "l-imes to x885. Vol. I. (n.c. 55-n.D. 5o9.) With 73 Illustrations. Crown 8vo. Vol. II. (5o-689.) With 96 Illustrations. Crown 8vo. 4s. Vol. III. (689-x885.) Vith o9 lhustrations. Crown 8vo. 4s. * a * Cozplete tri Ont Volu»te» witk 378 Illustrations, croen A SCIIOOL ATLAS OF ENGLISH HISTOR¥. Edited by SAURL Rnwso GnR0*ag, M.A. LL.D. With 66 Coloured Maps and 2u Plans of Battlesand Sieges. Fcp. 4to. *** This Atlas is intended to serve as a companion to Mr. S. Gard,ner's 'Student's H;qtory of Eng[and.' In addinon to the historical maps t,i tbe P, ri*igh I»e», in whole or in parh are others of Cntinental countries or districts which were the scenes of events connected more or le.s closely with Ènglish History. Indian and Colonial development also obtain due recognition. THE FIRST TWO STUARTS AND THE PURITAN R EVOLUTION, t6o3-66o. 4 Maps. Fcp. 8vo. oe$. 6d. TtlE THIRT¥ YEARS' WAR, I68-1648. With a Map. Fcp. 8vo. s. 6d. OUTLINE OF ENGLIStI HISTORY, .c. 55-A.I). [886. With 67 Woodcuts and 7 Maps. Fcp. 8vo. 2s. 6d. TIIE FRENCH REVOLUTION, 789-795. By Mrs. S. R. GnRDtrR. With 7 Maps. Fcp. 8vo. as. 6,4. London and New York: LONGMANS, GREEN, & CO. HISTORY OF ENGLANI) FROM THE THE ACCESSION OF JAMES I. TO OUTBREAK OF THE CIVIL WAR 16o3-64 13¥ SAMUEL R. GARDINER, FELI.OW OF MERTON COLLEGE, OXFORD M.A. IN TEN VOLUMES 2VE IV .EDITION LONDON LONGMANS, GREEN, AND NEW YORK 895 AND CO. .e.rrrved THE PREFACE TO THIRD VOLUME. I HAVE TO ASK my readers to make two corrections in my account of the Parliament of 64. I spoke of Montague as having been rejected by the City of London, and of Pym as having been the member for Calne. Montague, however, sat for London, and though Eliot was a member of this Parlia- ment, Pym was hot. The mistake was pointed out to me by Mr. DUNCOMBE PINK, who has printed in Te _Palatine zote .Book the only existing authoritative list of this Parliament, from the MS. in the Kimbolton Library. He was good enough to send me a copy, after my own text was in type, to which I referred in a note, though I regret that I did hOt then verify by it the statements which I had ruade upon inferior authority. In quoting from Salvetti's News-Letters, of which the tran- scripts are to be round in the British Museum (Add. Al'S..S: ..7,962), I have not thought it necessary to add any special reference, as the letters are in chronological order, and are therefore easily to be round by their dates. In this and in future volumes the quotation of Venfce JI'SS. means that the reference is to the documents seen by ri PtïEF..tCIT TO TI-IE T]-IIRD I'OLU3IE. myself at Venice : that of Venetian ïranscripts means that I bave ruade use of the admirable collection sent to the Public Record Office by Mr. RAWDON BROWN. The papers formerly belonging to the East India Company, upon which my narrative of the struggle with the Dutch in the East is principally founded, are in the India Office, but abstracts of them are to be round in the Calendar of Papers relating to the East Indies edited by Air. THE CONTENTS oF THIRD VOLUME. 616 CH THE DISGRACE APTER XXII. OF CHIEF JUSTICE COKE. Relations between Coke and the King Bacon's views on he con- stitutional position of the judges . . Coke's aggressive spirit . 5 The case de rege inconsulto 7 Coke's quarrel with the Chancery . . . io Case of commendams a 3 The judges ordered to de'- fer proceedings . 14 They disobey the order . They are summoned before tht l.;ing . . x6 Coke's protest • 7 PAG The judges give way _ _ i8 Bacon becomes a Privy Councillor . • 9 The King's address to the judges 20 Coke suspendëd . . 23 Is ordered to review his reports 25 Is dismissed . . 25 Montague ma-le Chier J ustice 26 Rise of Villiers" . 27 Bacon's advice to him. 28 Villiers created a viscount. 3o Affair of Roper's office . 3i Prince Charles created Prince of Wales 35 CHAPTER XXIII. THE SPANISH MARRIAGE TREATY. t6t6 Progress of the negotiation 37 x6t7 Opinion ofthe Theologians 38 6x6 Sarmiento protests against Raleigh's vovage . , 39 Inexpediency f the voyage 4 r Commission given to Ra- leigh . . 42 Raleigh's projects 43 Preparation of his fleet . 47 Ta}ks of seizing the Mexico fleet, • • 48 James takes part with Savoy against Spain . 49 Ralogh proposes to attack Genoa . • • .50 r6r 7 James accepts tlae proposal Sz ,!11 £'OA'TEA'7S O Abandonment of the pro- ieet . . • 52 Raleigh's communications with the French Pro- testants . . 53 Desmarets visits Raleigh . 54 Sarmiento's renewed pro- tests against the voyage 53 Raleigh gives security that he ilI hot injure Spain. 56 He leaves London . 58 Commissioners named to consider the marriage treaty 58 Their report . 59 Digby's instructions 6x Sarmento ereated Count of Gondomar . . 6 Bacon proposes additional instr.etions for Digby . 63 The Barbnry pirates . 64 The renegades 6ç Story of XVard . 6( Attempts fo suppress thë pirates . . • 67 The E«rl of Southampton's propos d to lead an ex- pedttion against them ¢8 Gondomar's opposition to it 69 Consultations n it 7 ° Digby ordered to reeom- mend it at Madrid . 7 r 6r7 CHAPTER XXIV. THE PRIV¥ COUNCIL AND TItE FAVOURITE. Composition of the Privy Council . . . OfficiaI corruption Patronage in the hancis o" Vilhers . Character of Villiers . Bracldey's resignation and death l.ord" lqacon ruade Keeper Bucking!mm opposes Yel- verton s promotion . . Yelverton made Attorney- General . Other legal promotions James sers out fl,r Scotland Bacon's correspondence with Buçkingham . . Coke's behaviour af ter his disgrace. The Hatton estae Coke quarrels xvith his wife Proposed marriage be- tween Sir John Villiers and France-s Coke . Bacon's objections fo the marriage . . Lady Hatton supported br Baeon in ber opposition to the marriage. . 75 76 77 78 79 80 8 8z 83 84 85 86 68 87 89 Coke's assault upon Oat- lands Lady Hatton "appeal to the Council th'e Bacon's letter to King. Irritation of the King and Buckingham Coke's visit to the King . YeIverton's report of Buck- ingham's teeling . . Bacon restored fo favour Marriage of Frances Coke Cke estored to the Coun- cil table. Death of Winwoot Naunton succeeds him as ecretarv The marrie.ge artiêles pre- pared in 5pain . Additional proposais of the Theologians . Digby's conferenees with Aliaga . Fhe negotiations sus- pended . Negotiations on "the ex- pedition against the pirates . . 9 z 93 ç4 95 97 98 99 102 xo 3 xo4 xo5 xo6 THE TIIIID UOLUJIE. CHAPTER XXV. IALEIGHS I.AST VOYAGE. PAGE; :6I 7 Raleigh joins his ship lO8 Murder of Ancre . lO 9 Raleigh sends Faige to France . . . 11o Hia communications with France betraved 111 His plans fur the voyage . 11", His proceedings at the Canaries . 113 Des rtion of Pailey . Il 4 Raleih's sufferings on the voyage . . 115 His arrival in America 1lb He prepares to ascend thë Orinoco . . 1 t 7 He gives instructions to Keymis, and remains at the mouth of the river . 1i 9 I618 Keymis ascends the river. 12i San Thomè taken and burnt 122 Failure of the expedition i24 Suicide of Keymis . . 126 Raleigh proposes to attack the Mexico fleet 127 The expedition returns to England. . . 129 Gondomar deman dsjustice 13t His interview vith James. 133 1619 James offers to surrender Ral igh to Spain . . Gondomar leaves England Attack upon the S, anish Embassv Arr«st of Raleigh " He attempts to escape His interview ith Chesnde. Itis .4 l'ol«y . . . A commissto, appointed to examine him. Investigation nto his pro- ceedngs . A spy set on him . He acknowledges dealings with the French The commissioners pro- pose a trial . . . lames rejvcts the proposal ]çaleigh brought before the commissioners Proceedings in the Cour; of King's Bench Raleigh's last hours His execution. The King's Declarati£n Fate of Stukely Death of Cobham. PAGE 134 135 135 137 138 139 14o 141 142 I.t3 144 I45 4 o 147 148 148 I53 154 CHAPTER XXVI. VIRGINIA AND THE EAST INDIES. t5i 4 Dale's administration in Virginia . . x616 Visit of Pocohontas to England Her death The cuhivation of to- bacco introduced into Virginia. . 16t 7 Tyranny of Argall 1618 Recall of Argall . . 16I 9 The first Colonial Parlia- ment . . . 16o 5 English and Dutch in the Est x6o 9 The Dutch in the Bandas The J[are Libertmz 156 1615 156 1616 137 i68 158 1619 159 16o i6t 1618 162 1619 163 i64 i62o The English claire free trade . . . x65 The Dutch attack Pnloway 166 "l'ne Dutch take Pulo ay. I67 Courthope at Pularoon 168 Dale sent out . 17o "l'le herrmg fisher . I72 Negotiations in London on the East India trade . 174 Signature of a treaty ith the Dutch 179 Dale defeats tle Duth at Jacatra . . 179 The Dutch capture Eng- bsh vessels . 8o Death of Courthope 1  X COA'TEA'TS OF CHAPTER XXVII. THE FAI,L OF THE HOWARDS. PAGE  The tgea«emaker • • ]83 Buekingham's vaeillations x84 His quarrel with wards .  85 James takes his part . 186 Charges against Suffol . 87 Lake endangered . . x88 Suffolk depr,ved of the Treasurership ]89 Quarrel between Lord'anti Lady Roos . . 189 Star Chamber proceedings aainst the l.akes . 791 Deatb of Lord Roos I92 i6] 9 Sentence on tbe l.akes 193 Calvert succeeds Lake as Secretarv . - ]94 x618 Dismissal f XVallingford x95 1617 The City loan. ]96 Rise of Cranfield . I98 I618 Financial reforms . Hay's courtship and mar- nage . - . 2o0 He resigns the Mastership of the ,Vardrobe . 202 The Navy Conamission . 203 Proposal for the increase of the Navy. . . 2o4 Nottingham resigns tbe Admiralty to Bucking- haro . . 205 16i 9 Administrative reforrns . 206 Star Chamber proceedings against Suflblk and lais wife . . 208 Corruption at Court . 2 Cranficld% nmrriage 2 3 The sale of honours . • 2t4 The King's interfer,'nce with dae election of the Recorder of London 2x6 CHAPTER XXVIII. ECCLES1AST1CAL PARTIES IN SCOTLAND AND ENGLAND. ]612. The establishment of Epis- copacy in Scotland raff- fied by Parliament . 2o i614 The King orders tbat tbe Communion shall be re- ceived at Easter . . 22 i616 The AssemblyatAberdeen 22I The King proposs rive articles . . . 222 x6i 7 Resistance to the carvings at Holyrood . . 223 James visits Scotland and enforces kneeling at the Communion . . 224 James attacks the herit- able jurisdictions at tbe opening of Parliament . 225 Proposed Act on ecclesi- astical affairs 26 Hewat's Liturgy 27 The King's speech at S£ Andrews in labour of his rive articles . . 2:8 Unpopulaity of his wish that. the Conmmmon shall be received kneel- ing . . 228 Tbe Assembly at St. "An'- dre s . . 16x8 Opinion of Patrick Forbe 2-9 230 James tbreatens the minis- ters . . . 233 The Assemblv at Pertb . 234 The ffve articles adopted 236 The articles enforced . 237 ]617 Religious condition o'f England. . . 238 Systems in politics and theology . . . 240 Tbe Puntan conformists 24i School of Andreues and Laud . . • 243 Laud changes the position of the commumon-table at Gloucester 245 Tbe Puritan Sabbth . • 247 Enforcement of its obser- vance in Lancashire . 248 lames at2plies to Molton for advice . 249 TttE THII?D VOLUAIE. PAGE The De« l, tra/ion of Spor/s ordered to be read by the clergy . . 251 1618 Resistance of the clergy . 252 5elden's Hislory of Tdl«es 253 Fhe clergy appeal to the King against it 255 16t 9 Sciden compelled to pro- fess regret for its publi- cation A quiet tinle in thë histor;, of the Church 1618 Arminianism in Hollaad " The Revolution at the Hague . 1619 Execution if Barneveld pAGtt CHAPTER XXIX. THE BOHEMIAN REVOLUTION. 1526-I6o6 Growth of the House of Austria 26I Protestantism in he Aus" trian dolninions 262 The Bohemian aristocracy 263 i6o 9 The Royal Charter of Bo- hemia . . 264 i017 Ferdinand of Styria ac- cepted bi, the Bohemians as their future king. 266 1618 Chamcter of Ferdinand . 2o 7 The Revolutionat Prague. 270 Cmmencement of hos- tilities . . . 271 State of opinion in Ger- many . . John George, Elector o 272 Naxonv . . 272 Policv of the Lutherans 273 Polic' of the Calvinists 274 Fredêrick V. Elector Pala- tine .... 274 The Saxon offer of media- tion . Schemes f the Duke o 275 Savoy . . . 276 Succes-esoftheBohemians 278 Condition of Spain 278 The Spaniards propose that Jamesshall mediate 279 1619 1618 1619 James accel-,ts the media- tion . 280 Attempts madë to in]ucë James to break xith Spain . . . 28t James refuses to quarl'el vith Spain 282 Gondomar's report on Eglish affairs . . 233 Te Enghsh mediation formally accepted . . 284 Misqon of Christopher Dohna . 285 The Spanish armmnents . 286 Naval preparations in England . . . 287 ProposedattackonAIgiers 288 Doncaster sent as anlbas- sador to Germanv . 89 Death of the Emperor Mattbias . 290 Frederick's intrigues 291 \Vake's mission to Turln  29 Illness and death of the Queen . 293 lIIness of the King 295 Marriage proposed fo Christopher Vllhers 96 The new \Vhitehall 297 The great cornet . 298 CHAPTER XXX. DONCAS'rER'S MISSION TO GER3IAN» AND THE BOHEMIAN ELECTION. 1619 Doncaster's instructions 30o ] Doncaster's neotiation \Votton at [teilbronn. 3ol ] with Fcrdinand and Frederick and his advis.,rs 3o2 Ofiate James rt.fuses to aid him . 303 [ Rejection of Doncaster's Ferdinand's successes 304  propos:ils 0 o 305 306 xii CO?,'TA'A'TS OF PAGE, Efforts of the anti-Spanish party in England . . 3o7 Ferdinandelected Emperor 38 Frederick elected King of Bohemia . 39 Frederick accepts the crown, and sends Dohna to England . The Privy Council sum- moned . 312 On the news tha Frede" rick bas accepted the crown. J ames annou nces that he must take time to consider what he wlll do . . . 313 Abbot'sletter to Naunon 314 Frederick leaves Hcidel- berg . . 315 PAG OEbe assembly ai ]Nurem- berg . . . 316 Confidence of the German Cathohcs . . Ferdinand's compact with the Duke of Bavari,t The detence of Vienna Maximilian's diplomacy . 3ai Gondonmr prepares to re- turn to England 32 Fines imposed on thë ex- porters of gold . 323 Doncaster sent to congra- tulate the Emperor. . 324 James's irresolution . 325 Dissatisfaction in England 326 State of James's mind re- vealed byhis Meditation on the crown of thorns , 327 CHAPTER XXXI. THE INVASION OF THE PALATINATE. 1619 Division of opinion at Madrid on the proposed attack on tbe Palatinate 328 x62o Buwinckhausen's mission to England . 33 ° James investigates Frede[ rick's ride . . 33 x Proposed loan for Bohemia Buwinckhusen's r»cel> tion by James • • 333 Gray allowed to levy troops 334 Gondomar returns to Eng- land . . 335 His interviews with Digby and the King 337 Volunteers allowed to go to tbe deIence of the Palatinate . - 339 Voluntary contributions raised . . • 340 ,.ames at Paul's Cross . 34 r vrogress of the contribu- tion .... 342 Pol.itical suicide of James 344 Resumption of the inar- riage treaty . • • 345 James declares his inten- tionsabout theCatholics 346 Expedition of Captain North . . Frein application from thé 348 Uoa . , • 349 James under the influence of Gondomar - 35 Unsatistactory communi- cation from the Arcll- duke Albert. • 33x James refuses tbe offers o'f the Dutch . . 35  13uckinlharn deserts the war party His courthip o'f Lad 353 Catherine Manners. 354 Rise of Williams . 355 He converts Lady Cathe[ rine . . . 356 Buckingham's marriage 357 Vere appcmted fo com- mand the volunteers for the Palatinate . . 358 Plan for tl'.e partition o the Netherlands 359 Em oassies of \Votton, Ctla" v ay, and Weston 36I James believes the Pal.al tinate to be sale 363 The Treaty of Ulm 364 Embarkauon of Vere . .$65 Conway and Weston at Erussels. . 366 The invasion of Austria 367 Spinola's march up thë Rhine . • . 367 He attacks the Palatinate. 369 THE TIIIA'D VOLU3fE. xm CHAPTER XXXII. THE LOSS OF BOHEMIA. PAGE. x62o James's reception of the news from the Palati- nate . . . 37 ° His promises to the Princes of the Union . 372 A Benevolence raised . 373 Commissioners appointed to prepare for a Farlia- ment . 373 The fleet against the" pi" rates sent to the Me{li- terranean . - 374 Gondomar uses high lan- guage . • • 375 "l'he Marriage Treaty pressed forward 377 Bacon's dralt of a pro- clamation summoning Parliament . • • 379 "Che Benevolence pressed 380 Parliament summoned . 38i l ll-success of the Bohe- mians 3 t I62Z l > AGE Frederick's cause hopeless 38 II,s dfeat at l'rague, and flight from Boh«mia 383 OEhe new Austrian mo- narch), . . 384 Fxcitement in London 385 Fresh embassics sent . . 386 Renewed eflbrts of di- plomacy. . 387 A !.'rench marriage pro- posed for the Ikance of rales . . . 388 Cadenet's mission to Eng- land . . 389 Naunton's disgrace 39 I Tbe Vox Populi . . 392 Bacon crcated Viscount .t. Alban . • • 393 Appearance of the Novgm O,r u u m . 394 Bacon's philosopbical po- sifion . 395 Hs political ideas 396 'IAP "}F "l'llE I_.OER ORINOCO , » » . . • 44 HISTORY OF' ENGLAND. CHAPTER XXII. THE DISGRACE OF CHIEF JUSTICE COKE. Tn year which witnessed the breach of the French alliance was also marked by a constitutional dispute of no slight importance. For some time there had been strong symptoms of a Cok a,,a collision impending between the Crown and the Chier the King. Justice ofthe King's Bench. The resistance of Coke to James's claim to ilnpose penalties by proclamation, and to the jurisdiclion of the Ecclesiastical Commission, had revealed a spirit of defiance in him, which arose partiy from personal ruggedness of temper, but partly also from a strong sense of the importance of his office, not unlike that which, in an early age, ruade it ilnpossible for Becket, as Archbishop of Canterbury, to abandon the ecclesiastical view of the rela- tions between the Church and the Crown. The treatment which Coke had received in Peachaln'S case had tended, not ulma- turally, to rouse his indignation against those who had baulked hiln in his design of erecting the judges, over whom he domineered, into a great constitutional power, whose part it was to mediate between the Crown and the nation. The collision which ensued, however, was as much the result of the position of the Government as of the personal character of the Chier Justice. As long as the Sovereign and 1,'OL, III. 2 DISGI'ACE OF CttlEF U.S'TICE COlçE. cI-I. xxll. the House of Commons had worked together, no question had arisen of any importance by which the independence of the ;conison judges could be affecte& But as soon as the King unavoidable was at open war with the representatives of the nation, auder the circum- it waS ahnost certain that, in some form or another, tances. the judges would put forward a claire to decide upon constitutional questions, and that that claire would be resisted by the Çrown. No man couid be better fitted than Bacon to appear as the champion of the King against the judges ; for no man could l,co's be more thoroughly convinced that the judges had ,-i,». no right to hold a position independent of the Crown. There is abundant evidence in lais writings that he looked upon the defence of the prerogative as especially entrusted to the care of the judges. If there were any doubt on this point, it would be sufficient to quote the illustration of the lions under Solomon's throne, of which he so frequently ruade use. In one of lais Essays, for instance, be wrote that 'Solomon's throne was supported by lions on both sides. Let ' the judges, therefore, 'be lions, but 3"et hons under the throne, bçing circumspect that they do not check or oppose any points of sovereignty.' Eut it is needless to quote individual passages to show that he accepted a political theory which lies at the root of everything which he thought or said upon the subject. Bacon's dislike of admitting the judges to be the supreme arbiters on political and administrative questions arose originally from his profound conviction that such questions His reason for adopting could only be properly treated of by those who were them. possessed of political knowledge and administrative experience. He felt, truly enough, that the most intimate acquaintance with statutes and precedents was insufficient to enable a man to decide upon State affairs ; and if he had ever been inclined to forget it, the example of Coke was constantly before lais eyes as a proof that no amount of legal knowledge will ever constitute a statesman. Nor was this a consideration of small importance. As the relations between James and hi. Parliament then stood, the judge who decided upon the law which assigned limits to each could hOt avoid usurping the I66 ]_ACOA r O.V Tftl'2 JUDICIAL OFFiCI:.-. functions of a statesman. He fïot only declared how thr thé existing law applied to the facts of the case, but he fixed thé constitution of the country for the future. It was truc that the decisions of the judges were liable at any time to be reversed by Act of Parliament ; out tbe day was lar distanf when it would be possible to obtain the joint assent of the Crown and the Parliament to any Act affecting the powers of cither. For the present the judges, if tbey succeeded in maintaining their independence, would hace in their hands the supreme control over the constitution. They would be able, without rendering an accoult to anyone, to restrain or to extend the powers of the Crown for an indefinite period. 6o6 they had, by a décision from the Bench, assigned to tlie King the right of levying Impositions, which, in spite of ail opposition, he retained for no less than thirty-five years. If it pleased them, they might deprive him, in the saine way, o rights which he considered to be essential to the exercise of his governlnent. Although Bacon's wish to bring the judges into subjection to the Crown has found no favour in later times, it must bé Hov farthey remembered that his doctrine of the necessity of re- werejnstified ferring elsewhere than to them for the final decision by mo.dern «.,p«r,«,«« on all constitutional questions has stood the tegt oI modern expérience, t The victory of Parliament has, indecd,  Thé following remaks of De Tocqueville (D,'»t. e** Amériqtt,', i. chap. 6) are particularly applicable, " Si, en France, les tribunaux pou- vaient désobéir aux lois sur le fondement qu'ils les trouvent ineonstiution- nelles, le pouvoir constituant serait réellement dans leurs mains, puisque seuls ils auraient le droit d'interpréter une constitution dont nul ne pourrait changer les termes. Ils se mettraient donc à la place de la nation, et domineraient la société,'autant du moins que la faiblesse inhérente au pouvoir judiciare leur permettrait de la faire. "Je sais qu'en refusant aux juges le droit de déclarer les lois inconstim- tionnelles, nous donnons indirectement au corps législatif le pouvoir de changer la constitution, pnisqu'il ne encontre plus de barrière légale qui l'arrête. Mais mieux vaut encore accorder le pouvoir de changer la con- stitution du peuple à des hommes qui représentent imparfaitement les volontés du peuple, qu'à d'autres qui ne représentent qu'eux-mêmes."- Thé power of appealing to thé Common Law to interpret, or even ptactically tÇ Çverrule th¢ stature law» gave to thé English judges a right in some 4 DISGRACE OF CHIEF 6çTICE COKE. cH. xxL thrown the supreme political power into other hands than those in which Bacon would have placed it ; but it is not one of the least happy results of that victory that it has now become possible to exercise a control over the judges without sacrificing their independence. It is Parliament which decides what the constitution shall be, and having this power in its hands, it has no inclination to interfere with the judges whenever, in the exer- cise of the proper duties of their office, they declare what the constitution is at any given lnoment. An A.ct of Parlialnent at once makes any obnoxious decision of the Courts impossible for the future. There is no longer any reason to be afraid of a judgment similar to those on Impositions and on Ship Money, now that it is certain that there is no difficulty in rendering the judgment innocuous, and in providing, at the saine time, against a repetition of the offence. But no solution of this kind was possible for Bacon. As long as the Crown and the Commons were engaged in a lmpossibility conftict with one another, ail chance of legislation «13ac««, upon the parts which they were respectively to anticlpatlng our solution, occupy in the constitution was at an end. They lnight either of them have just causes of COlnplaint against the judges ; but until they could make up their diffcrences, they were both debarred from interfering by a general and prospective law, and in no other way was it possible to interfere with advantage. Having, therefore, refused to ac- knowledge the risiug claims of the House of Comnaons, Bacon had no choice but to advocate the plan of entrusting the Crown with powers the exercise of vhich would ultimately provc as injurious to itself as to the community at large. His recog- nition of the impropriety of trusting to such lnen as Coke the measure analogous to the right of interpreting a written constitution of which De Tocqueville speaks. Such a right would throw into their hands he final decision on constitutional questions o a far greater extent than would bave been possible if they had been fettered by a written text. Bacon's solution of the difficulty was very different from that given after the experience of two centuries and a half by the modern writer ; but it is pro- i,able that they both felt the saine objection to the theory which they were combating. • .(.t t .BACO.'V AA'D COA"E. 5 final decision on questions which might involve the welfare of the whole people, led him insensibly to choose the worse of two evils. If the Crown could hot legislate independentiy of the Commons, it as to make use of its supcrior power to tutor the judges to sec things as they were looked t, pon at Court. They must regard themselves as bound to sopport that prerogative which was in the hands of the King for the benefit of the commonwealth. It is needless to say that this view of the office of the judges, though it was plausible enough to impose upon the mind of Bacon, was no less ruinous to the preroga- Mischlef of l-lacon's tire of the Crown than to the independency of the o,,« Bench. If the King and his Council were to interfere with the opinions of the judges on every question in which the constitutional rights of the Crown were involved, it would not be long before the decisions of men who were knovn to be influenced by other arguments than those furnished by the law-books would cease to be received as having any authority whatever. Even that object which Bacon was justified in aiming at would hot be .ttained. The only way in which the judges could safely be restrained from settling constitutional questions was by making legislation once more possible. Till that was done the King might se- cure that ail their decisions on such questions should be on his own side, but he would at the saine rime lessen the re- spect in which those decisions were held by the community at large. Bacon was the more easily drawn on in the course which he adopted, as he could hardly avoid regarding the whole affair as a purely personal question. Till within a Position ,..:c.pi«l y f'ew years, the judges had been, on the whole, favour- coke able to the prerogative. The great cases of the Post- nati and of the Impositions had been decided upon grounds which would have satisfied the most thoroughgoing champion of the Crown. But hot long after Coke's accession to the Bench, a different spirit began to prevail. Ccke was accus- tomed upon every occasion to appeal to the law, as that which was to decide every question which could possibly arise ; but, 6 DISGIACE OF CttlEF USTICE COA'E. cH. xx. unfortunately, the arrogance of his bearing, and the narrowness of his intellect, robbed the noblest principles of their attraction. What he meant by the law was neither the collection of written statutes, which would have been utterly insufficient to settle the complicated questions which were continually arising ; nor was it, on the other hand, the application of great principles to particular cases. He lneant that where the statutes failed him, he was to bave recourse to those numerous precedents which he was able to quote in profusion out of his retentive memory, or even that when he was at a loss for a precedent, he should invent a principle to justify him in deciding as he pleased. At the saine tilne he showed a disposition to bring every court in England undcr the control of the one over which he himself presided. Bacon, in spite of the taunts with which his rival frequently assailed him, never failed to express lais admiration of the extent of his legal knowledge ; but it was hot strange that he should stand in determined opposition to the man who seelned to be bent on establishing in England a despotisln of lnere book-learning and antiquarian lore. There can be no solne wrong. With ail .errors of his judglncnt, doubt, indeed, that in this he did Coke the infirmities of lais telnper and the the great lawyer was in reality fighting for something quite as valuable as anything that the highest statesmanship couid give. His law lnay frequentiy have been quoted in support of injustice : still it ained at being law, and not mere arbitrary power. He believed in his own learning as the one thing needful to lnaintain the institutions of his country. It is not strange that the synpathies of posterity bave been with Coke, and not with Bacon. Yet the time has corne when we ean feel that each was contending for a great principle. In Bacon we have personified, however imperfectly, the claires of statesmanship, of wide political intelligence, and of active participation in administrative business. In Coke, if we tear aside the veil of his crabbed and uncouth per- sonality, we lnay yet recognise something of the majesty of the law. As so often happens, the quarrel was one Which could rot be solved satisfactorily under the conditions of the ri.inc. It was the fise of the constitutional importance of the 66 .DE EGE LVCOArSULTO. House of ColTlmons which alone could adequately p.aeet the difficulty. The momentous question in debate between the Crown and the judges was first brought to an issue on a comparatively Caseof unimportant case. In I6xI the King had granted rro,,,no,v to a person named Michell, at the request of John .. ichn. Murray, one of the (;rooms of the Bedchamber, the sole right of making certain writs in the Court of Çommon l'leas. Upon this Browniow, the prothonotary of that court, finding that lais own fees were diminishing, brought an action against Michell in the King's Bench, on the ground that he had been deprived of his rights by the defendant. It so happened that an atteml,t to create the saine office as that which had been assigned to Michell had bcen ruade in the reign of Ezabeth, and that, the judges having resisted the attempt, the Queen had, with ber usual good sense, at once vithdrawn her pretensions. James, if he had ever heard any- thing abuut the matter, neglected to profit by lier example.  The matter in dispute was one of no great importance in itself ; but it afforded a field on which to try the question, how far the judges could decide, upon merely legal x6xS. Bacon pro- grounds, upon the right of the Cown to make ad- e,««,,,,rit ministrative appointments. It happened that there l)e »,o,,,t,,. was in existence a writ which was admirably suited to tlae purpose of a man who wished to dcprive the judges of all claim.to interfere in such matters. Bv this writ, /)e oro- ct'dendo Re.ge i«consulla, the Clnnlon l.aw judges were pro- hibited from dealing with a case in which the interests of thc Crown were concerned, before the question in dispute had been first referred to the Court of Chancery, and its permission obtained for the parties to proceed with the stlit.  Bacon  Heath's lreface to the Argument on the rxt Z)e Z','e ittcottstt#; (Bacon's Z#crar3, amt ]grofe«sion«l Il orks, il. 683). z The working of lhis writ, if 13acon hnd obtained his object, wouid bave -been, to some extent, anaiogous to lhat provision which has been tbund in so many Fench constitutions, according to wifich no agent of the Government can be summoned .before a tribunal, for acts done in the exercise of his office, without a prelimin:ry authorisation by the Council ot "8 DISGRACIz" OF CttII:-F eUST"ICE COA'E. cH. xx uot only brought this writ into comt,'but demanded that it siouid be at once received as an authoritative command, which the judges were hot entitled to allow the counsel for either party in the case before them to dispute. It was plain that, however cogent the precedents might be by which Bacon could support the step which he had taken, it Importance was a concession of no slight importance which ho .fthisstep. asked the judges to lnake. At the best, the writ had been but a clumsy mode of ascertaining that the rights of the Crown would surfer no damage by a suit in which it was hot itself a party ; but as long as it had ouly been issued in cases where the tenancy of a few actes of land, or the right to some petty office was at stake, it is not probable that any great harm had been donc. In the reign of Elizabeth, Bacon would have been right in saying that it ought to be a matter of indifference to the parties whethcr the cause were tried before the Chancellor or the Chier Justice. In either case, substantial justice would probably bave been doue. But now that an opposition had sprung up between the Crown and the courts oflaw, and that every case such as that which was belote the Court was sure to be regarded from different points of view by those who took part on either side, the question had ceased to be one merely concerning the honour and dignity of the Crown. Vhat Bacon really wanted he acknowledged in a letter which he wrote at the time. The Chancellor was a great political officer as well as a judge. 1 There would be no fear lest he should be led astray, either by respect for legal technicalities, or by jealousy of thê Government, to overthrow any arrangemêut ruade by the Crown which was not utterly indefensible in itself. In fact, if Bacoa had had his way, all pretensions of the State. The effect of the English writ being confined to cases where the King was himself supposed to be injured, would bave been of less universal application, but the principle on which it rested would have been equally bad,  " ¥our Majesty knoweth your Chncellor is ever a principal coun- ellor and instrument of monrchy, of immediate dependence upon the King, and therefore like to be a safe and tender guardian of th regal ights."--Eacon to the King, Jan. 27, Le:'.rs and Z iv. z34. 16  5 DE REGE IA'COA'S UL TO. 9 judges to act as arbiters between the King ,and lais subject» would have been at an end for ever. It is no wonder, there- fore, that the judges refused to take Bacon's view of the case, and directed that the question of the legality of tle writ should be argued before them.  The King, too, was not behindhand in perceiving the importance of the question at issue. He gave special directions to Coke not to presume to give judgment until he had had an interview with himself. It was some tilne before the case was brought to a close. Nearly a year after it had first been brought into the ,ourt Bacon was called on, on January 5, 66, to speak x616. Bacon's O11 behalf of the King. His speech was acknow- -,gu,ut. ledged, even by Coke himself, to be 'a famous argulnent.'  He prudently dropped all allusion to his rem motives for wishing to bring cases of this nature under the Chancellor's jurisdiction, and treated the question simply as one of propriety. He had no difficulty in quoting a goodly array of precedents in support of his view of the case. There is nothing more relnarkable than the ease with which he threw off his character as a statesman, and, treating the question as one of purely technical law, dcalt with it in a lnanner which Coke might well have envied, z It was perhaps the difficulty of resisting Bacon's precedents, combined with the disinclination of the judges to assent to his conclusion, that led to a compromise of the question. The suit co,,wo- 13rownlow gave up his claire to Michell's office, and mised, the King promised that in future he would not give his assent to the creation of any office which would lexxd to a diminution of the profits of the existing officiais. Fnu of So far Bacon had failed. He had been unable «o, to to obtain the recognition of the Common Law judges obtain the assent of the to a doctrine which would involve the abdication of judges to hisscheme, one of their principal functions. But it was not likely that much tilne would elapse before he would again be n Ættlslrode's li'eb, iii. 3-'-  13aeon to the King, Jan. e7, Zett«rs and Z, v. e33.  This remark is borrowed from Mr. Heath, Preface to Bacon's  Arga- tnent on the Jurisdiction of the Marches,'/;R. t DISGt.4CE OF c)'tIEF 'U.S'TICE COA'E. cri. xxI. brought into collision with the Chief Justice. In fact, very few weeks passed after Bacon's great speech on the writ of tmvplsulto, before Coke allowed his temper to get the better of him in such a way as to afford a golden opportunity to h_is antagonist. A custom had gradually arisen of seeking redress in Chancery, in cases  here the Colnll'Ol' I_.aw courts had failed Quar«« to do justice on account of the strictness of the Cokewith rules which they had laid down for their .e:uidance. the Chan- tory. Such a practice was, naturally enough, regarded with dissatisfaction by the Common Law judges, and by none more than by the Chief Justice of the King's Bench, who had long looked upon the Chance'.lor in the light of a personal opponent, as well as in that of a thoroughgoing supporter of an obnoxious sy.tem. If Coke, before he complained of the iuterference of the Chancery with lais jurisdiction, had set himself steadily to work to remedy the evils which were com- plained of in the practice of his own court, he would pro- bably have gained the sui»port of all impartial persons ; for it is manifestly objectionable that the judgments delivered in one court should be liable to reversal in another, unless that other court bas been constituted expressly for the purpose of hearing appeals. But, instead of this, he plunged at once into the con- test with that violence of temper which was certain to disgust ail who knew that real and substantial justice was frequently afforded by the Chancery to suitors who had failed in obtaining it at Westlninster. As Coke was thinking over the best means of punishing those who had insulted the court over which he presided, it occurred to him that a stature * passed in the reign The ,a,,tof of King Edward III., which was directed against t,-«,,,,,,ir«, those who appealed to Rome against sentences tained in the King's courts, contained words which, if taken without regard to the context, might possibly mean tha.t no one. was to question a judgment of the King's Bench in anv other court, under the penalty attached to a tr«emum)-e.U He was a 0_ 7 Ed. III. St. i. cap. • The words ' in ny other court ' in the stature are translated also ' in 66 CI-L4A'CER I" URISDICTIOA:   accordingly well pleased to discover that tvo scoundrels' named Glanville and Allen, had met with something lcss than their just deserts in Cancery, afterjudgments had been given in their favour in the Common I.aw courts. Glanville's case was indeed a bad one. He had swindled a young man named Courtney out of a large sure of lnoney, bv c.nvi«.  representing the value of a jewei tobe 36ol., which c»«. was in reality worth only 3o/. He sold him this jewel together with others which were worth ooL more, and obtained from him an agreement to pay 6ooi., upon which, when he round that the lnoney was not forthcoming, he surrep- titiously procured a judgment in a Conamon Law court. When Courtney discovered the traud to which he had been subjccted, he attempted to get redress, but was refused, on the ground that, the judgment having once been obtained, nothing furthe! could be done. He then applied to the Court of Chancery, from which he obtained the justice which he sought. Allen's case was somewhat similar. Coke at once took the two swindlers under his protection, and instigated "-' them to prefer indict- ments of ;prceutu,tire in the King's Bench, not only against the suitors who had obtained the protection of the Court of Chan- cery, but also against the counsellors and the clerks xx'ho had taken part in the proceedings. Coke, however, who was upon the Bench, awaiting the success of his scheme, round an unexpected obstacle in lais the court of another,' apparently correctly, as the Frçnch is 'en autri court.' Ïhis would overthrow Coke's case at once, as is remarked by the author of the urisdictiott of Chatcey ITudicated, appendcd to vol. i. of Cha,tco'y ld«dports , p..30. But the context is quite enough to settle the question. * qhere is a fidl account of these men in ]tarL AISS. 767, fol. 37. Compare, for Glanville's case, Crol.'e, yac. qhe sums of money are difler- ently stated. I have adopted those from Croke. The cases are frequently quoted as if they had been one,  Glanville z.. Allen,' which is, of course, a mistake- "-' Such, at least, was the general belief, though he denied it. Perhaps he contcnted himself with giving them a strong hint tEat he would support thcm. z DISGI?4CE OF CHIEF 7USTICE COA'E. cH. xxlI way. The grand jury, who probably knew nothing about the Th, gr.n« -statutes and precedents which were appealed to as i,retun determining the relations between the two courts, »z,,s. but who knew perfectly well that they were asked to assist a baffled swindler in taking venge.ance on his dupe, were by no means in a hurry to find a truc bill in the case. On this Coke sent for them, and refused to grant their request for further tlme to deliberate, as the case was, in his opinion, too plain to need any delay. The jury remonstrated on the ground that they had no evidence that the judgment in question had been duly obtained. Upon this Coke sprang upon his feet, and attempted to browbeat them into submission. They retired lbr a short time, and, on their returning without having com- plied with his orders, the Chief Justice told them to go back again. He would hot leave the bench till the business was donc ; if they refused to do as he told them, he would commit them for their conduct. In spite of all this, the grand jury refused to be bullied into submission. They returned once more into court, and, to Coke's disgust, returned an ignoramus. Angry as he was, Coke did not dare to carry his threats into execution. He told Glanville and Allen to be ready by next terre, when he would have a better jury to decide upon their cases. 1 At the time when this violent scene was taking place, Ellesmere was lying ill, and, though he ultimately recovered, «o,,'rie vas not expected to live. ]3acon, who was of one to the King. mind with him on such a subject as this, and who had been visiting him in his sickness, wrote to acquaint the King with all that had happened, and promised to send him full particulars as soon as he was able to obtain a trustworthy ac- count. A few days later, he gave his opinion of what had passed.  The defenders of the Common Law courts rested thcir case partly upon the statute of Edward III., which was, in  Proofs of the proceedings, printed in Lord Campbell's Cimncellors, il. 236. The story so often told about the witness kept away, which will be fi)und in the saine page, does not fit into the cases of either Glanville or z_llen.  Bacon to the King, Feb. 5 and 2, L,'tters andZife, v. 46, -"49. I616 CASE OF reality, directed against the Papal Courts, and partly upon another statute of Henry IV.,  which contained a silnple declara- tion, without any penalty annexed, that, after judglnent given in the King's courts, the parties should be at peace. The reason assigned was because lnany persons wh6se cases had already been decided, had been ruade to corne, to their great incon- venience, before the King himself, or the Council, or even the Parliament. This statute, as Bacon argued, was only intended to prevent parties froln having to argue the saine question over again, and not to prevent the institution of suits in Chancery, in cases in which one party had never been properly heard at ail, on account of the strictness of the rules observed in the Comlnon Iaw courts. The whole question was referred by the King to the Attor- ney-General and Solicitor-General, the two King's Serjeams, op,o, « Montague and Crew, and the Prince'.s Attorney, John ,,, Walter, one of the most rising lawyers of the da)'. officers. After consideraticm, they gave it as their unanimous opinion that the Court of Chancery was justified in the exercise of the jurisdiction wlich had been so violently as- sailed.  Belote, however, the King had decided upon the course he would take, another question arose which embroiled him c..of«o-still further with the stubborn Chier Justice. It mendams, happened that, during the time that Bishcp Neile had held the see of Lichfield, he had received from the King the grant of a living to be held in commendam with his bishop- ric as long as he occupied the se2. Two persons of the naine of Colt and Glover brought an action against him. They hOt only asserted that the presentation was theirs, and hot the King's, l»ut they pleaded that, on account of certain legal objections, the grant was invalid in itself. As the case was of great impor- tance, and had never before been brought forward, it was ad- journed into the Exchequer Chamber, in order that all the twelve iudges might deliver their opinions. Whilst the case was being  4 lien. IV., cap. 3-  ' The Juris4ictien of Chancery Vindicated,' in Chant. R e2l, o  "t s. 14 DISGRACE OF CtlIEF 'USTICE "COKE. cu. xxll. argued, information was given to the King that his prerogative was being questioned. He accordingly deputed Bishop Bilson to be present in court in lais naine, in order to make a report to him of the ianguagç which was use& On lais return, Bilson told him that he had heard Serjeant Chibborne maintain that the King bad no power to translate a bishop, and that, though it wa:; true tbat in cases of necessity he might grant a commen- data, yet that it was impossible that there ever could be any necessity for such a step. The King was eager to l')ut a stop to this kind of language. About a month or two before, he had ordered Coke not to proceed to judgment till he had com- municated with him in person He now directed Bacon to write to the Chier Justice, repeating his command. Accordingly, on April 5, ]3acon wrote to Coke, requiring him to intimate to the other judges that it was expected that «,,,,t«s they would postpone the delivery of their opinions toCok.o- until they had spoken with the King. On the re- dering him not topro- ceipt of this letter, Coke resolved to make a stand ceed with thecase, on behalf of the independence of his office. An anecdote, which has been preserved by Whitelocke, is enough to give an insight into what was passing in his Coke'ç feeling on mind. In the autumn of the previous year, whilst the point, still snmrting under the treatment which he had re- ceived in Peacham's affair, Coke was present at the sermon at Windsor. As soon as it was concluded, Whitelocke, who was also among the congregation, accompanied him out of the chapel to lais coach. Seeing thathe was about to drive away, he asked him why he did not remain to the dinner at the Court. Coke replied that the King was fond of asking him questions which were of such a nature that he preferred being as far off as possible. I guess," was  htelocke s remark as he noted dmvn this conversation, "it was concerning matters of pre- rogative, which the King would take iii if he were not anwered in them as he would have it."  Since that time the argument of Bacon on the writ of lgege iz»onsulto, and the knmvn determination of the King to check * x,X,'la3telocke, Liber t;amdicus, 48. T6t6 RESIST.,4,VCE 01," TttE ..]UDGES. 15 him in his rcsistance to'what he regarded as the interference of the Chancellor with his own peculiar jurisdiction, had e::- asperated him still more. He may well bave seen in Bacon's letter an attempt to carry, by a side wind, a point which he had failed to gain by direct attack. If thc Attorney-General had becn unable to convmce the Court of King's Bench thal it was obligatory upon it to refuse to decide upon ail cases in vhich the Crown was concerned until it had obtained the Chancellor's 1)ermission to investigate the lnatter, it would serve lais purpose equally if he could reduce the Common Law judgcs to such a state of subservience that they would be un- likclv to resist the expressed wishes of the King. No method could be imagincd more likely to attain that end than the one which was now prol)osed. If, wlaenevcr a case arose in which the prerogative was concerned, the judgcs vere to be callcd into the presence of the King to dcbate the point with him, a habit would speedily grow up of looking-to, the wishes of the Sovcreign rather than to the dictates of the law. q'o ]3acon, Coke returned a short answer. He directed the messenger ho brought the letter to tell lais toaster that if he wished the judges to receive the information which he had just given him, he had bettcr write to them himself. On Aprit e6, Bacon, who had no intention of allowing any mere question of etiquette to stand in his way,  wrote to the other judges. To Bacon's surprise, the judges did hot even take the April 6. trouble of answering lais letters. On that very day Thejudges they proceeded with their arguments as if nothing go on with th«« whatever had happened. On the 27th  a letter was despatched to the King, written apparently by Coke, but signed  " Ilis answer by wnrd to my man wa. that it were good the re»t ol the judges understcod so nmch from myself: whereupon I, that canno skill «f scruples in matter of service, did write on Friday three several letters," &c. (Bacon to the King, Z.ct'lers atd Z.fe, ,. e73.) The meaning is plainly as I bave given it ab,,ve. Bacon did not s.y, as h , is sometimes charged with saying, that he was unscrupulous in the King's service.  This is the date of the letter, as given in &.P. Ixxxvii. 44, ii.» which ' ls evidently rlghto 6 DISGRACE OF CHIEF yUSTICE COAE. cH. xxtt. by all the twelve judges. They said that they were on ail occasions bound to serve His Majesty, but that the April 2 7. q'heir letter case before them depended upon the construction of to th« King. two Acts of Parliament, on which they were bound to deliver their opinions faithfully and uprightly. The point in dispute before them, moreover, they added, earnestly called for a speedy decision, as it was one in which two parties were in- terested in a question of property. The letter which they had received was contrary to law, and they were bound by their oaths to pay no attention to it. They had therefore proceeded with the case on the appointed day. The letter was characteristic of Coke. _Ail through his life, as if by an unerring instinct, he turned aside from a strong argument to cherish weak ones with a parental fondness. He now assumed, what was certainly untrue, that the case was one in which merely private interests were involved. Its importance lay in the fact that it was concerned with public interests, and Coke was bound to show, if he could, that public interests would surfer from the interview to which James had invited the judges. James had now the advantage on his side. In his reply, he told the judges that he had no wish whatever to interfere a'he King's in any question which merely concerned the interests reply, of parties; but in the present case he himself was, to all intents and purposes, a party to the suit. Was it fitting, therefore, that lais rights should be adjudicated upon without his being allowed to say a word in his own defence ? _As to the judges' oath that they would not delay justice, they were perfectly aware that they were frequently in the habit of post- loning the hearing of cases from one terre to another, for reasons which at the time appeared sufficient to themselves. AIl he asked was, that they should do the saine when the delay was necessary in order that he might lay before them his own case whenever his rights were involved. On June 6, the judges were summoned before The j udges cowteg« the Council, in the presence of the King. Affer the theiroffence, letters which had passed had been read, James proceeded to state his case. His arguments were those which 66 COA.'E A.VD THE A'I2VG. 7 le had previously set down in his letters. As soon a.s he had concluded, ail the judges threw themselves upon their knees and asked pardon for their error. Coke, however, though he joined the other judges in de- manding pardon, did not allow the King's reasoning to remain Coke still unauswered. He reiterated his opinion that the protests, postponement required by the King was in fact a real delay of justice, and he declared that the judges; at the time when they refused to obey the letter, knew that théy'had no intention of saying anything, in delivering judgment, which would affect the prerogative. He added that if they had not proceeded on the day appointed, the case would bave dropped altogether, as it could not be adjourned except to some certain day, whereas no such day had been nalned in the letter of the Attorney-General. A far less practised disputant than James would hardly bave missed the transparent sophistry of this last argument. "rb« Kig'. The King had no difliculty in answering that the ,ply. judges might easily have fixed any day they pleased, and that, when it arrived, if they had hot yet had time to con- fer with him, they might have adjourned the case again. He then stepped upon more dangerous ground, asserting that they had no right to decide before consulting with him, in order that he might know whether the question concerned his pre- rogative or not. As to the oath, he wished to know what was the Chancellor's opinion on the point. Ellesmere, with a timidity which may easilv be accounted for in a man of his age, who had but latelv recovered from a .,«,,' dangerous illness, shrank from being the first to opinion on engage, on such a point, in a contest with Coke. the obliga- tionofthe He therefore asked that, as the question related to judges' oath. a matter of law, the opinion of the law officers of the Crown might first be taken. Upon this, Bacon reiterated what had been already said by the King, and conduded by an argument which was no less open to exception than those which had been used by Coke. The oath of the judges, he said, bound them to give counsel to the King whenever they were called upon to do so, ' and if they will proceed first in a VOL, III. C 8 DLçGRACE OF CHIEF .TUSTICE COA'E. cH. xxl. business whereupon they are called to counsel, and will counsel him when the matter is past, it is more than a simple refusal to give him counsel.' In this opinion he was supported by the other law officers who were present. It is hardly tobe believed that Coke neglected such an opportunity of exposing the blunder ruade by Bacon, in con- fusing counsel given by the judges to the King with counsel which the Klng wished to give to the judges. But such was his inveterate wrongheadedness, that he preferred treating his adversary with contelnl)t , even to exposing the weakness of his algument. It was the place of the Attorney-General, he said contemptuously, to plead before the judges, not to dis- pute with theln, lacon replied that he had a right to declare the truth in the King's naine against auy subject whatever, and appealed for redress for the insult which he had received. James, of course, took his part, and rebuked Coke for the language he had used. Ellesmere then declared that his opinion coincided with that of Bacon. After the Chancellor had given his opinion, the judges' oath was read at lais request, and the terres in which it was "rhj,,dg couched were discussed. The question was then giveway, put to the judges, one by one,' whether if, at any time, in a case depending before the judges, His lXIajesty con- ceived it to concern hina either in- power or profit, and there- upon required to consult with them, and that they should stay proceedings in the meantinae, they ought hOt to stay accord- ingly?' Eeven of the judges gave way, and prolnised that they would in fiture act according to the King's wishes. The cause of this dereliction of duty (for, after ail that may fairly be said on their behalf, it alnounts to nothing less)was no doubt in great measure the fear of offending the King, whom they had been accustomed to treat with reverence, and to whom they owed ail their future prospects of professional advancement. But it lnUSt hot be forgotten that Coke had t|rown away every opportunity of supporting his cause by arguments in any way worthy of attention. If Bacon had needed any additional evidence to prove that a strictly legal training is hot the best preparation for deciding fil,.al!y upon t6x6 SUB3[ISSION OF THE eUDGES. 19 political questions, he might have found it in the manifest incapability of the man who was confessedly the first lawver of the day to defend his position in a question where, on ail the main points, he was decidedly in the right. Coke, however, though he could not refute the arguments which were brought against him, could not bear to acknow- Co,«alone ledge defeat. Nothing more could be drawn out of holà out. him than that, whenever the case should colne before him, he would do what was fitting for a judge to do. Leaving Coke to assert lais independence in lais own way, the King then turned to the other judges, and asked them whether in their argument they meant to touch upon Interview withthe his general power of granting comlnendams. In .iudge. the conversation which ensued enough was said to justif.v Coke's repugnance to the discussion of legal questions in the King's presence. It was anything rather than a consultation in which the King laid before the judges lais view of the case as far as it affected himself, or in which he asked their opinion as to the extent to which lais prerogative was affected by the law. The judges engaged not to allow any other view to be taken than that which he had adopted, and pronfised to silence any lawyer who presumed to call the prerogative in question. It is no wonder that James expressed his satisfaction, and that he dismissed them with assurances of protection, t The case was accordingly proceeded with without further delay, and though it was f;nally decided against the Bishop, it was on grounds which left the general prerogative of the Crown un- touched. = Amongst the names which are appended to the Act of Council in which these proceedings are reported occurs the «on signature of Bacon, who for the first time took his seat becomes a Privy at the Board upon June 9 .a When Ellesmere had Cou,cil|or. been ill, in February, Bacon had applied to be ap- pointed his successor in the event of his death, which was ai that rime hourly expected. In the letter which he wrote ho s« t forth at Iength the services which he hoped to be able to  Act of Council. Bacon's Lel/ers and Z., v. 357-  ttobart's lt'ep, s Coucil I¢egister, June 9. o DISGRIC. OF CttlEF USTICF_. COR'E. c-l. xxtl. tender in that office. 1 It is needless to enter upon the hopeless ta.k of discriminating between the motives by which Bacon was influenced in making the application. No doubt the desire of benefiting his country was mixed up with the longing for a sphere in which to exercise his talents, which few men of his genius are without, and this again may bave been mingled with more ordinary feelings. Itis enough that he believed, with justice, that he was eminently fitted for the place, and that he laid his claires before the King, from whom alone he could obtain the object of his desires, and whose policy, in the main, he approved, though he would gladly have found an opportunity of drawing him on to a bolder and more compre- hensive action. Ellesmere, however, unexpectedly recovered, and 13acon had to wait a few months longer, knowing that he was sure of the Chancellor's good word whenever his claires to the suc- cession might be discussed. In the meanwhile he applied for a place in the Privy Council, which would open before him a sphere of action still more suited to his abilities than any merely legal office. After some delay he was offered the choice between a Councillorship and the reversion of the Chancellor's place. He unhesitatingly chose the former, which would intro- duce him at once into the public business of the Government. The Chancellorship would be sure to fall into his hands -hen the time came. On June _-o, a fortnight after the altercation with Coke, the King came down to the Star Chamber, in order to give a "n, nh,g public exposition of the principles by which his con- «.,,,.,,« i'° duct had been governed. It would not be impos- £'hamber. sible to detect a superficial resemblance between the speech which he delivered and those which afterwards fell from  t3acon to the King, Feb. 2, Zetters and ZoEe, v. 24. It is in this letter that the .elebrated 'gloria in obseqMo' occurs. " For myself," Bacon wtitcs, " I can only prescrit your llajesty with a glon'a in obsegttio." Ob'equimn is simply obedience, not obsequiousness. All Bacon rneans is, " If you appoin.  me, I shall do my best to obey your orders,  His theory of thî relaticn between the King and his officiais 'as» according to out r.ot,.'op_%, faulty, but it was sincerely entertained. . I6r6 Ttt.E I'IA'G'S ADDRESS 7"0 THE y'UDG.ES. r the ]ips of Cromwell. There is the saine tendency to quote têxts of Scripturê, and the smne appeal to God as to the foundation of ail civil order. But hcre the resemblance ccascs. With Cromwell the whole of the scene which is passing around him is instinct with a living presence, and he feels that his own work can only be rightly done in proportion as he yiclds himself to becomê the instrumcnt of ttim who is the only truc actor in the events of the world. With Jmnes, betwêen heaven and earth there exists merely an external relation. God ap- points the king, and the king appoints the judgcs. It is a hierarchy in which James hilnscl plays the principal part. The chief thing which he renlembers is that he has a right to p]ead the appointment of Goal against ail who dispute his title, and that, as he bas appointed the judges, he has himsclf a claire upon their obedience. With ail this there is a kind ofeasy- going assurance in the infallibility of his own judgment, which is hot put prominently forward, simply because it never occurs to him to question it. Adopting this theory of government, all the deductions which James drew from it are legitilnate enough. He admired, he said, the Common Law of England, and would His speech. never shrink from giving his support to the judges ; but they must take care hot to encroach upon the jurisdictions of other courts, which were necessary in their several spheres. There were no doubt defects in the law, some of which he hoped to see amended, in Parliament, and thcrs which were traceable to the innovations of the judges themsclves. Having said thus nmch, James addressed the judges on the questions immediately at issue. "Now," he said, "having spoken ofyour office in general, I ara next to colne to the limits wherein you are to bound yourselves. First, encroach hot upon the pre- rogative of the Crown; if there fall out a question which concerns my prerogative or mystery of state, deal not with it till you consult with the King or his Council, or both, for they are transcendent matters, and must not be slibberly carried with overrash wilfulness, for so you may wound the King through the sides of a private person ; and this I command to your special care, to blunt the sharp edge and vain popular 2 DI.5"GRACE OF CI-IIEF ','STICE coKÊ. c. XXll. humour of some lawyers at the bar, that thi,k they are hot eloquent and bold-spirited enough except they meddle with the King's prerogative. But do hot vou surfer this ; for eertainly, if this liberty be suffered, the King's prerogative, the Crown, and I, shall be as much wounded by lheir pleading as if vou resolved what they disputed, q'hat which concerns the mystery of the King's power is hot lawful to be disputed, for that is to vade into the weakness of Princes, and to take away the mvstical reverence that belongs unto them that sit in the throne of God. "Secondly, that you keep yourselves within vour own benches, not to invade other jurisdictions, which is unfit and an unlawful thing. This is a thing regal and proper, to keep every Court within his own bounds. Keep you therefore all in your own bounds, and for my part I desire you to give me no more right in my private prerogative than vou give to any subject, and therein I will be acquiescent. As for the absolute prerogative of the Crown, that is no subject for the tongue of a lawyer, nor is it lawful to be dispute& It is atheism and blasphemy to dispute what God can do ; good Christians con- tent themselves with His will revealed in His Word, soit is presumption and high contempt in a subject to dispute what a King can do, or say that a King cannot do this or that, but test in that which is the King's will revealed in his law."  James spoke in accordance with the theory of the constitu- tion which had been handed down to him. In every constitu- tion there must be some fundamental power the authority c,f which is received as binding without dispute. In Character of the King's out days that authority is lodged in the constituencies. speech. In the beginning of the seventeenth century it was lodged in the King. What James failed to perceive was that if the Royal authority had been beyond dispute, it was the Royal authority in its constitutional relation with the other institutions of the country. There was the greatest difference between a king act- ing in harmony vdth Parliament, as the guide and representative of public opinion, and a king ruling v¢ithout a Parliament and  King James's Vorks, p. 549. 166 .-'rSP-'ArçlOzV OF CO[çE. 2 setting public opinion at defiance. The criticism which James had forbidden in its Iegitimate place would be sure to make way in unwonted and irregular channels. The balance of the state had been overturned, and popular lawyers and ambitious judges pressed in to fili the void. It remained to be seen whether Coke would submit to this Royal exposition of the constitution. On the 26th he was Cokeb fore called before the Council, and the Solicitor-General, e Co«ii. af ter charging him with some pecuniary transactions a doubtful character in which he had becn engaged some years previously, inveighed againsr him for the words which }te had used to the jury in the cases of Glanville and Allen, for his indecent behaviour in refusing to listen to the argument of the Attorne- t;eneral in the King's presence, and for his steadfastness when the other judges gave way. Coke attempted to excuse his con- duct, and stated that the Court of King's Bench had entered an order that no further attempt should be nmde to meddle with the jurisdiction of the Court of Chancery. On June 30 Coke was again summoned to hear the result of James's June 3 o, i»- consideration of his defence. By the King's orders sio,,.. he was suspended from lais seat at the Council table, and from taking his part in the ensuing circuit. The harshest part of the sentence was a recommendation that he should employ his leisure in looking over lais reports, and in correcting the extravagant and exorbitant opinions which were said to be inserted in them. j A few days after this personal July oeo th question was settled, the King gave lais final decision ¢raemunire. on the disputed jurisdiction, which was, as might have been expected, in favour of the Court of Chancery.  Proceedings in Councii, June z5 and 3 o, 616 (Bio;rap]z]a ?ritannica, Art. Coke, Note R). The clause concerning the Reports is as follows : " Lastly, that during this vacation, while he bath time to lire peaceably and dispose himseif at borne, he take into consideration his books of lReports, wherein (as ltis Majesty is informed) there be many exorbitant and extravagant opinions set clown and published for positive and good law. And if, in the review and reading thereof, he find anything fit to be ltered or amended, the eorrecting thereof is left to his own discretion. Amongst other things His Majesty was hot 'eil peased with the titie of hat book, wherein he »tyled himself Chier Justice of Eugland» 'hereas he • Z4 JDISGRC OF CHIEF UTICE .COA'E. CH. XXI!o On the question of tbe jurisdiction of that Court it has been .universally admitted that Coke was in the wrong. It is his conduct in the case of comnaendams that has secured How far was Coke in the him the approbation of posterity. If his attempt to right ? erect the judges into a tribunal of arbitration between the King and the nation deservedly failed, the position assigned to the judges by James and ]3acon was one which a self- respecting.man might reasonably object to occupy. No doubt it seems a very innocent demand that when the judges had to decide on questions affecting the royal authority they should hot do so without first hearing what the King had to say on the subject, Just in the saine way, at the time when the ]3ene- volence was levied, it had seemed a very innocent demand that a subject should voluntarily make a present to the King if he chose to do so. In practice neither of these demands was quite as innocent as it appeared to be. The sovereign was the dispenser of favours, and was cal»able of making lais ill- will felt in many ways. When that sovereign was voluble and opinionative, it was hard for the judges, unless they were men of more than ordinary firmness, to hold their own in his pre- sence. To the King's question whether he would stay proceed- ings in matters concerning the Crown till he had consulted with the King, Coke's reply had been that, when that case should be, he would do that which should be fit for a judge to do ! The answer may easily be criticised as evading the question rather than 10oking it in the face. Yet this very evasion is the clearest evidnce that he did well to resist on this point. If a man, so unbending and arrogant as Coke, did not venture to give a clearer answer, what chance was there that ordinary judges would stand up against the iufluence of the Crown put forward under the guise of argument ? Coke was clearly in the right in instinctively feeling that the true plce for a judge was on the ]3ench, not in the council chamber of the King. could challenge no more than Chief Justice of the King's Bench. And having corrected what in his discretion he found meet in those Reports, ltis Majesty's pleasure was that he sbould bring the saine privately to himo sçlf., that he might cons:.d.r thereof as in his princcly judgment should I fotmd e.xpedient." 66 DISJ[ISSAL- OF COA'E," The ortier to Coke to review his reports was enough to ex- oct. 2. asperate the meekest of men. He had been attacked Cocre,.i«,'s as a judge : he was now attacked as a lawyer. l'IlS report.l. w hot till after thrce months' consideration that he sent in a statement that he had detected rive errors in the reports.  They were, however, of so trivial a nature that thcir sclection was looked upon as equivalent to the denial of the existence of any real mistakes whatever. Such a treatment of "/'heresuit the King's requirelnents was a mere evasion of the insufficient, points really at issue. What Jmnes complained ,)f was, not that the reports had been published with an insufficicnt list of errata, but that they containcd doctrines, subversive of that which he considered to be the constitution of the country, z Bacon's advice, so far as it tan be ascertained,  was that the authority of the other elcven judges should be opposed to the authority of Coke, and that with this object they should be formally asked to declare their opinions to the Council. James, however, did not accept Bacon's recommendation. 4 Ite was -impatient to bring the question to an issue, and he wished to keep in his own hands the right of dismissing a judge without giving account to anyone. Coke was accordingly asked to express his opinion on the rive alleged errors. On October  Coke replied, practically disavowing his oct.,,, opinions. This submission removed one obstacle .Cokeretracts in the way of his keeping his seat ; but it did not his opinion • remove the main difiïculty. His whole course as a judge had been marked by a firm determination to place him- self in opposition to the Government, and James could bear that opposition no longer. On November o, he announced his intention to remove the Chier Justice from the Nov. 5- Co|,e di- ]3ench, and on the sth Coke was formallv infomaed ,i.d. that he no longer held the office which he had magnified so highly.   Ellcsmere and ]3acon to the Kingo Oct. -", Zet&'rs and Z, vi. 76, " See Bacon's list of innovations, ibid. ri. 90.  Il, id. vi. 7 8. • Villicrs to I3acon, Oct. 3, ibid. w. 79. "2_6 13,,rSGR.,4CE OF CI-I"IEF 'USTICE COA'E. cH. xxll. Coke's successor was Sir Henry blontague, whose constant agreement with the Ceurt on the various questions at issue sincc the accession of James had recommcnded him Montae'ue, ?,let j-u»- to favour, and who, if far inferior to Coke in legal t,c« knowledge, had at least thc advantage of greater suavity of manners. On November 8, Montague took the oaths of office in the presence of the Chancellor, who had recently been rewarded rnech,- by the King for his long and faithful service with «dlor's the title of Viscount ]3rackley. In addressing the speech to lontg,e. new Chier Justice, he advised him to follow in the steps of his grandfather, who had occupied the office to whi«h he now succeeded. He was unable to forbear from recom- mending him to avoid the example of lais immediate predc- cessor, in a tone which showed that h;.s thoughts were occupied more filly with lais quarrel with Coke than with the business immediately in hand.  The lawyers of Westminster Hall, vho were almost to a man devoted to Coke, whose integrity and ability they respected, avenged themselves by reminding one another of the saying, ' Many Montagues, but one Mark- haro,' which had once been current, to the disparagement of the new Chief Justice's ancestor. In the saine spirit, thev amused themselves by translating the Chancellor's title of ]3rackley into the more intelligible ene «f ]3reak-law. The cause of Coke's dismissal was briefly expressed in a jest which was widely circulated at the time. Four P's, it was ,o said, had been the rui of Coke : Pride, Prohibitions, feeling. Proemunire, and Prerogative. There were some who ignorantly ascribed his fall to the anger aroused by the dis- coveries which he supposed himself to bave made in the course of the investigation into Overbury's murder. Sympathy, too, was awakened by the treatment which he received at the hands of men who were far lais inferiors. It was remarkïd that, when he was called upon to answer to the questions put to him on the subjcct of his rcports, he was hot even asked to sit down, and that Ellesmere's servants went so far as to neglect to take off their hats in his presence. To the men who took I llc.re's/'e2. 826. 66 TIJE IIA'G'S VICTOR¥ OVER TttE t',ENCIt. 27 pleasure in insulting thc fallen judge, Bacon stot, d in honour- able contrast. He disliked his character, and he was desirous of depriving him of the power of doing harm to the King's service. But, in spite of the many insuhs which he had rcceived, he never ceased to treat him with respect, and was often heard to say that a man of his learning was not to be found every day, and that it was easier to mar him than to make him. By the deprivation of Coke, James obtained at a blow ail tnat he had been seeking by more devious courses. There was nport.nce no longer any necessity of urging the acceptance of ofthisstep, the writ de rege iltconsul¢o when the Common Law judges themselves held their offices practically, as well »s theoretically, at the good pleasure of the Sovereign. From henceforward the pterogative was safe from attack in the courts of law. From }:enceforth, however, it also stood cm its own merits, and could no longer expect to obtain that moral support which it had hitherto received from the decisions pronounced from the ]3ench by judges wl:o were, comparatively at least with the men who held office subsequently to Coke's disgrace, independent of the favours and the anger of the Crown. The solution--at least for the time--of the constitutional question raised by Coke's opposition, had been coincident with i« or the rapid rise of Villiers into ail, and more than ail, Vilhers. of the favour which had been enjoyed by Somerset. In January 616, he had been ruade Master of the Horse ; in April he became a Knight of the Garter. It was not intended to give him any official appointment. He was only to deal indirectly with state affairs. He would be, in fact, the King's private secretary, supplying him with inforlnation on what was passing, receiving suits and petitions in his naine, and acting ratiner as his familiar companion than as an officer of State. For us who know what was Villiers' subsequent career, and who are able to see that it was unreasonable to expect that any man should occupy his position without encroaching upon what was justly regarded by the Privy Councillors as their own peculiar sphere, it is difficult to remise the satisfac- I Chamberlain to Carleton, Oct. 26, Nov. 14, Court and 7ïmcs, L ,3, 439. :8 .DISGRACE OF CttIEF'%ç,'TICE COA'E. cH. xxlt. tion with which the fise of the new favourite was regarded by those who had looked upon the old one with such thorough detestation. And yet there must have been some- thing extremely fascinating in the young man who had thus risen at a bound to the highest position in the realm. It was agreed by all that he was, as yet, lnodest and affable, that his hands were free from the bribery with which those ot Somerset had becn soiled, and that he had been supported by the men most opposed to the proposed connection with bpain. If his education had been neglected, he was not defi- tient ;n quickness of apprehension, and he was ready enough to apply for instruction to those who wcre able to afford him information on any point. Abbot looked upon him with the fondness of a father, and hoped that lais influence would be steadily exerted in favour of the cause which he himself had so much at heart. Bacon, though he would have preferred that there should be no favourite at Court at all, lnUSt bave thought of him, as he had once thought of Essex, as the man who might direct the GoverP.ment into that nobler path in which he would gladly have seen it walking. It was to Bacon that Villiers applied to be his instructor in political affairs, in order that he might have sufficient acquaint- 1«o,« ance with such subjects to satisfy the King. ]3acon adviceto replied to lais application by a letter of advice, 1 Sir George Villiers. which, more than any other of lais works, places before us the strength and the weakness of his statesmanship. After giving the young man some good counsel as to His views oCh«h the best mode ofdealing with suits brought to him -«i, for presentation to the King, he proceeded to state his opinion on the affairs of the Church. Since he had written his Treatise on the Pacification of the Çhurch, twelve years before,  A Letter of Advice, 13acon's Zctters and Z, ri. 13. See Mr. Spedding's remarks on the two f,rms of this paper. I do hot feel sure that this first form bas hot been tampered with in the process of editing after the Restoration. Such a phrase as ' To resist an invading enemy, or to suppress rebels, the subject mav, and. must, be commanded out of he counties where they inhabit,' at once suggests a reminience of the con. troversy on the Militia Bill. t6t6 BACOeV'S ADtCE To I'ILLI'ÉRS. =]1 rimes had changed. To ail outward appearance at least, the policy adopted at Hampton Court had been successfuI. Thé questions about forms and ceremonies had dropped out of sight for the time. Good Protestants no longer saw Popery in à surplice or in a ring. Nonconformity still had its adherents, but they were far less prominent than they had been at the close of Elizabeth's reign. Bacon, therefore, who had formerly stood forward as the advocate of moderate change, now d«- clared himself to be opposed to ail innovation. Bacon then turned to speak of the administration of justice. The laws, he said, were the true arbiters between the Kin on the w and his people, and between one subject and another, « »:ngl.«, and care must therefore be takcn that nothing should be donc to bring them into disrepute. 1 Bacon's view of the functions of Parliament was that which he had often before expressed. It was, according to o,, p:,, him, a great council occasionally summoned to advise ,,,t, the King in matters of weight a'nd difficulty. It was to prepare laws, which were without force till the King gave lire to them by lais assent. That it should attempt to overrule the policy of the Government was an idea to which it did hot occur to Bacon even to allude. On the other hand, the Privy CounciI was a standing body. ,m the Prlvy It should be composed of men of ability, and of c,,,du varied knowledge, in order that they might be ready to give an opinion upon every kind of business. Bacon then, having said all that he eould on constitutional questions, proceeded to give his advice on the policy 'hich Policyofthe ought to be adopted by the King. Ifpeace were to ;o,,«. be preserved, England must be prepared for war. In order that the country might be well provided with necessaries, those engaged in trade must avoid the introduction of mere superfluities, and colonies must be established in unoccupied lands, which would be serviceable to the commerce of the mother country.  The p.aragraph, in which Villiers is entreated hot to interfere by word or letter in.an)" ca.use depending in a court of justice, only appears in th¢ second form of the advice writteu aftçt 1.69. , when Bacon had had peronaJ xperience of the proceedi=gs of Villier. 30 DISGRAC OF CHIEF y:USTICE COKE. c. xx This advice reveals the advantages which Bacon expectcd to reap from the Government, and which would, as he feared, be unattainable from the unorganised and clamorous Parlia- ment to which he had been accustomed. He was led astray by his habit of regarding great reforms as things to be donc by the courage and wisdom of the few; whilst he was blind to the value of free political lire in raising the many to ap- preciate, and to adopt as their own, the truths which they would never have discovered of themsclves. Whilst tifis papcr was in preparation Villiers was raised te, the peerage. On August 27 he became Yiscount Villiers and Baron Whaddon. t No sooner did Bacon hear of Villiers created a his proposed advancement than he wrote to adjure Viscount. him to dedicate himself to the public welfare, and to distinguish himself, above ail who had served the Crown in a confidentia! capacity, by his cre in recommending none but men of ability to office. At the saine rime, he took the opportunity of reminding him that there could be no excuse for him if he misused thc advantages of lais position in order to enrich himself, as the King had taken care that he should have no need to con» plain of want of means to support the dignity of the peeragc.  6t of It had been at first intended that Sherborne, which ato h. had again reverted to the Crown by the attainder of Somerset, should pass into the possession of Villiers. Villiers, however, refused to build lais fortune upon the ruins of lais pre- decessor in lavour,  and Sherborne was given to Digby, who had no such scruples. Villiers may, perhaps, have been in- fluenced by an opinion current at the time, that the possessors of that estate were doomed to misfortune, in consequenc of a curse w-hich had been pronounced by an early Bishop of Salisbury upon ail who should presume to possess it in de- fiance of the rights of the sec. 4 The manor had certainly, of late years, passed rapidly from hand to hand. Somerset had resold it to the Crown almost immediately after it came into his  Carcw ['a[«:s, 43-  Bacon to Villiers, Aug. t2, Letters and Lire, ,ci. 6. * Castle to Millet, Oct. 26. Cour/and Zïmes, i. 429. * Ca,,e' l'a.:ers» Appendix» No. II. possession, and Prince Henry, to whom it was soon afterwards given, died before he could filfil the intention, which he was said to bave entertained, of restoring it to Raleigh. 1 Somerset repurchased it, but only enjoyed it for a few months, a circum- stance which contributed to invest it still more, in the popular eye, with the character of being an unlucky possession. What- ever may have been the lnotives of Villiers' refusal he was not allowed to be the loser. Lands were given him of more than double the value of the estate which he had declined.  Bacon took care to put himself at the favourite's disposal in the negotiations relating to these arrangemcnts. In all ques- l-lei«assisted tions which arose, he adopted lais interests, and de- by r,on, fended them as warmly as if they had been his own. Nor did he show any less zeal in fighting his battle in a dispute concerning an office of which he had obtained a grant from the King. The enrolment of the pleas in the Court of King's ]3ench was attached to an office which had long been held by Sir John op«. Roper. In 16  z, the reversion of this office w:ts office in the granted by the King to Somerset, at that rime knoxn King's ln«t, as Viscount Rochester, and to the son of Lord Grant ofits Harrington, who were, after Roper's death, to shme reversion toSo,,,rt between them the profits derived from the fees. As, and Harring- t,,,,, however, it was not desirable that the names of men of rank should appear on the face of the grant, each of the real holders was to non,inate a person, to whom his patent was to be granted ; and these nominees were in turn to enter into bonds to pay over the proceeds of the office to the great men. As a reward for allowing their names to be thus ruade use each of the nominees was to receive a twelfth part of the fees. Somerset named Robert Heath, a lawver as 5"et of no great eminence; Harrington's choice fell upon Whitelocke. The t So it was believed. Yet Prince Henry had the land in his hands for more than a year. *- Sherborne was exchanged for land valued at 32oooL The total value of the land given to Villiers was 8o, oooL Chamberlain to Car]eton, Oct. 12, Court and 7ïnes, i. 425. Bacon to Villiers, Nov. 29, Zet;ers au," Lire, ri. i$. 3 D:SGRACE OF:.CIIIEF U'STICE COKE. c-. patents were; therefore, ruade out in the names of Heath and Whitelocke. i Early in i6a, Harrington, who had a few months bef0re succeeded to Iris father's title, died, without It«omes leaving children; and his sister, the Cour.tess of togeh, Bedford, ruade over to Somerset the share in the into Somer- t'h.d..reversion which had become hers. ]efore the bargain was completed, Somerset, who was unwilling to charge himself with the expense of more than one person te execute the duties of the office, required that Whitelocke should be bought off. Accordingly, Lady Bedford gave to ber brother's nominee a sure of Sool., in rcturn for which he covenarted to surrender the office whenever $omerset might request him to do so. From that time, therefore, Whitclocke, though his naine was still to be round in the grant, had nothing more than a nominal connection with thereversion. - $oon after Coke took his seat as Chier Justice of the King's Bench, in 6 3, he had given his consent to the arrangement Cok'e»it- ruade in favour of the two noblemen, a It i.s, how- ,«« ever, probable that, at one time or other, he expressed lais disapprobation of such a manner of disposing of the office, and that he was anxious to sequester its profits for the sake of increasing the salaries of the judges of the court. If it was as early as in x6 3 that he attempted to resist the King in his claire to dispose of the place_, he found it necessary to give wav at once. If, on the other hano, it was hot till after the falt of Somerset that he attempted to get posse.ssion of the office for the judges, he was not long in learning that his wishes would hot be granted. At ail events when. in January 66, a false report was brought to him of Roper's death, he immediately declared his intention of no longer prolonging a cor, test which was certain to prove ineffectual, as it was by this time known that the King intended to bestow upon Villiers the reversion which had fallen into his hands by Somerset's attainde t July 7, 612, Pat. o Jac. I. Part r4. * Whitelocke, Li& Wam. 29, ,t6.  On Tov. 4, I613- Witelocke, Zib. Fam. 59-  The story, as told. in Roger Coke's 23etection {I719), L 92, places Coke's resistance in the autumn of 616, and makes it out fo l've been t6T6 ROPER'S OFFICE'. 33 Villiers was well pleased to receive the reversion, but he would have been better pleased if he could have entcred intt» Negotiatlon immediate possession. He was hOt without hope of ,et,,.«n being able to gain this point too. He knew that ViI[iers and Roper. Roper had set his heart upon a peerage, and that when, in 62, he had attempted to bargain with Somerset for a seat in the House of Lords, he had declared lais readiness to relinquish his office as soon as his wishes were granted. Somerset had turned a deaf ear to his proposais,  but he might find that the new favourite was hot so squeamish as lais prc- decessor had been. A bargain was accordingly struck between Roi»er and Villiers. When, however, the time arrived for carrying it out a new difficulty arose. James was willing to raise Terms of ,