CHAPTER XI. LIVES OF THE CHIEF JUSTICES FROM THE DEMISE OF SIR EDWARD COKE TILL THE ESTABLISHMENT OF THE COMMONWEALTH. A.D. 1616. Montagu. To lessen the odium of Sir Edward Coke's violent removal from the office of Chief Justice of the King's Bench, there was selected as his Sir Henry successor a man who was very inferior to him in learning and ability, but who was generally popular, and who was capable of performing the part with decent credit. It used to be said of him, "He is perfectly qualified to be a Fellow of All Souls; for if mediocriter doctus he is bene natus and bene vestitus." Not only was he remarkable for being well born, and dressing genteelly, but he was very good-looking, he had sprightly parts, and his manners were delightful. Though idly inclined, he was capable of occasional application; and all that he had acquired he could turn to the best advantage. In morals he was accommodating; but he would do nothing grossly dishonourable. This was a man to get on in the world and to avoid reverses of fortune, much better than the possessor of original genius, profound knowledge, and unbending integrity. SIR HENRY MONTAGU, the subject of the following sketch, who added fresh splendour to an illustrious line, was the grandson of Sir Edward Montagu, whom I have commemorated as making a distinguished figure in the reigns of Henry VIII., Edward VI., and Queen Mary; being a younger son of the eldest son of that Chief Justice. He was born in his father's castle of Boughton, in Northamptonshire, His family. about the middle of the reign of Queen Elizabeth. While yet a baby, a wizard, on examining the palm of his right hand, foretold that he would be "the greatest of the Montagus." This was then believed to be a true prophecy; but was interpreted by the supposition that his elder brothers would all die in infancy, and that the whole of the possessions of the family would centre in him,—not that he was to be Chief Justice of England, Lord Treasurer, and an Earl. I do not find any mention of his school; but we know that he studied at Christ's College, His education. Cambridge; and it is said that, while there, he showed good nature, exuberant spirits, and attention to external accomplishments, which made him a general favourite, although he had fallen into some irregularities. Having to make his own bread, at a time when younger sons had nothing to expect but an education becoming their birth, he resolved to try his luck in the law, in which his ancestor had been so prosperous; and he was entered a student of the Middle Temple. Here he showed a great talent for speaking at the "Moots," but he was remiss in his attendance at the "Readings," or lectures; and he was much better pleased to frequent the ordinaries and the fencing-schools in Alsatia. However, by a few weeks' cramming, he got decently well through the examinations and exercises which were then required as tests of proficiency before being called to the bar. Having put on his gown, he was desirous of obtaining practice; but his plan was to get on by bustling about in society, by making himself known, and by availing himself of the good offices of his powerful relatives, rather than by shutting himself up in his chambers, or by constantly taking notes in the Courts at Westminster. Although he was employed in some flashy actions A.D. 1601. His professional pro gress. for scan. mag., and in some prosecutions which arose out of brawls in taverns, he had not for several years any regular business, and he was beginning to despond, when a new parliament was called. He determined to try his luck in the political line, and he was returned to the House of Commons as member for Higham Ferrers. This was Queen Elizabeth's last parliament, in which the country party was so strong that he thought he should best come forward as a patriot. Accordingly, he joined those who made such a vigorous stand against monopolies that the Queen was obliged in prudence to promise to abandon them. He delivered an His speeches animated speech in support of a bill to abolish in the House them, pointing out that the proceeding against them in the last parliament by petition had proved wholly fruitless.* of Commons But he gained the greatest éclat by impugning the doctrine that "all the goods of the subject belong to the sovereign, who may resume the whole, or any part, as occasion requires." This doctrine was boldly laid down by Serjeant Heale, who said, “I marvel much, Mr. Speaker, that the House should hesitate about a subsidy asked by the Queen, when all we have is her Majesty's, and she may lawfully at her pleasure take it from us; yea, she hath as much right to all our lands and goods as to any revenue of her crown." This calling forth coughing, and cries of ОH! Он! he added, "I can prove what I have said by precedents in the times of Henry III., King John, and King Stephen." Mr. Montagu: "That there was much robbery, public and private, in those reigns, no man may dispute; but I do deny that in those reigns, or in any other reign before or since the coming in of the Conqueror, is any precedent to be found of any tax being lawfully levied except by the will of the great council 1 Parl. Hist. 920. of the nation. If all the preambles of subsidies be looked into, you shall find they are declared to be of free gift.' Although her Majesty asks a subsidy, it is for us to give it, and not for her to exact it. As for the king taking the goods of the subject, there is the precedent of Edward III. having the tenth fleece of wool and the tenth sheaf of corn; but that was by grant of the Commons at his going to the conquest of France, because all the money then in the realm would not have been any way answerable to raise the great mass he desired. Centuries ago it has been declared, the King assenting, that no talliage shall be levied in England but by authority of all the states of the realm." * A.D. 1604. This was not the way to be made Attorney or Solicitor General, or to gain any favour from the Court,-but by such stout defences of popular rights he rendered himself so acceptable to the City of London, that he was elected Recorder, although it was said that he aided his interest in this quarter by his attentions to the wives of the aldermen. Whatever means he employed, he was now in high favour eastward of Temple Bar; and in James's first parliament he was returned as one of the four members to represent the City in the House of Commons. But he thought that he had gained all that could be expected from popular courses; and, being admitted into the presence of the new Sovereign when He becomes a courtier. carrying up a City address, he contrived to gain his favour by some observations on the divine right of kings, and the wonderful circumstance that James united in his person not only the claims of the red and the white roses, but of the Saxon and Norman dynasties. In consequence, Mr. Montagu was desired to kneel down, and, having received a gracious blow from the royal sword, to "rise Sir Henry." He now warmly supported the Ministers; and, in proof of their confidence, he was placed at the head 1 Parl. Hist. 921. of a committee to review the statutes of the realm, and he was nominated as manager of a conference with the Lords concerning the abolishing of the Court of Wards.* For several years he entertained warm hopes of being appointed Attorney or Solicitor General; but promotions in the law went on very slowly, insomuch that it was long before a vacancy could be found for Bacon, who was then considered as having a paramount claim. Montagu, therefore, that he might be raised to the bench on the first favourable opportunity, agreed in the meanwhile to become a King's He is made Serjeant. Accordingly, he took the coif by writ in the usual form, on the 4th of February, 1611, and he was created a King's Serjeant by patent under the great seal a few days after.† A.D. 1611. King's A.D. 1613. Continuing Recorder of London, he particularly distinguished himself in the festivities which took place in the City on the infamous and fatal marriage between the Earl and Countess of Somerset. It was not thought inconsistent with the gravity of his office that he should dance a measure with the bride, who was at this time all gaiety and frolic, although she had just done a deed which, when it was discovered, filled mankind with horror. deli He conducts the prosecu tion against the Earl and Countess of Somerset. Three years afterwards, the guilty pair being put on their trial for the murder of Sir Thomas Overbury, Serjeant Montagu appeared as counsel against them. He had a very cate task to perform; for the King, though compelled by public opinion to permit the trial, wished to spare his favourite; and, dreadfully afraid of the disclosures which might be made if one with whom he had been so familiar should be driven to extremity, had with his own hand written this +Dug. Ch. Ser. 103. * Comm. Journ., March, 1604. |