favour of the court of chancery, which, in one of his letters to him, he calls "the court of his absolute power." The king, therefore, became exceedingly jealous of any attempts to circumscribe his favourite jurisdiction. The dispute between the courts arose in the following manner. The defendant, in a cause in the King's Bench, prevailed upon the plaintiff's principal witness not to attend, and in order more completely to incapacitate him from giving his evidence, one of the defendant's agents carried the man to a tavern, called for a gallon of sack, and bade the witness drink. No sooner did the latter touch the flagon with his lips, than the defendant's agent quitted the room. The cause came on, and the witness was called, upon which the court was informed that he was unable to appear; and to prove this, the defendant's agent was called, who deposed, that he left the witness in such a condition, that if he continued in it but a quarter of an hour he was a dead man. From the want of this man's testimony the plaintiff failed in his cause, and the defendant had a verdict. To impeach the judgement thus fraudulently obtained, the plaintiff exhibited his bill in the Court of Chancery for relief, to which the defendants refused to put in an answer, and were committed for their contempt. In return for this the defendants preferred two indictments against the plaintiff, founded upon the statutes of 27 Edw. 3, c. 1. and 4 Henry 4, c. 23. for impeaching the judgements given in the King's Bench, but, notwithstanding the charge of the judge, the bills were thrown out. The king having received intelligence of this transaction, desired Bacon to lay the merits of the case before him, and the attorney general accordingly addressed a letter to his majesty, containing a full exposition of the whole affair. He censures Sir Edward Coke very severely, for choosing this time to question the power of the Court of Chancery.

"On the other side, this great and public affront, not only to the reverend and well-deserving person of your chancellor, (and at a time when he was thought to be dying, which was barbarous,) but to your High Court of Chancery, which is the court of your absolute power, may not, in my opinion, pass lightly, nor end only in some formal atonement."

At the same time Bacon advised the king, that Coke ought not, at this time, to be disgraced. Nothing can be more artful and subtle than this part of his letter:

"But for that which may concern your service, which is my end, (leaving other men to their own ways:) first, my opinion is plainly, that my Lord Coke, at this time, is not to be disgraced; both

because he is so well habituate to that which remaineth of these capital causes, and also for that which I find is in his breast, touching your finances and the matter of your estate. And (if I might speak it) as I think it were good his hopes were at an end in some kind, so I could wish they were raised in some other.”

Now at this very period, when the illness of Sir Thomas Ellesmere, the Lord Chancellor, rendered it probable, that the woolsack would soon be vacant, Bacon was straining every nerve to secure it to himself. Sir Edward Coke was his most formidable rival, and he therefore seized with avidity the present opportunity of destroying his pretensions to the office. To disgrace him at this time would be improper, because it would leave the seat of chief justice vacant, with which James might think it sufficient to reward his faithful attorney; but, by retaining Coke in his office, and putting an end to his hopes in some kind, or, in other words, by crushing his pretensions to the seals, Bacon knew that he should rid himself of the only competitor whom he had any cause to dread. In his letter to the king, soliciting the chancellorship, he explicitly states his objections against the appointment of the chief justice; and it is highly creditable to the character of the latter, that all his opponent's sagacity was unable to discover any other fault, which unfitted him for that high office, than his "over-ruling nature.”

"If

you take my Lord Coke, this will follow: first, your majesty shall put an over-ruling nature into an over-ruling place, which may breed an extreme; next, you shall blunt his industries, in matters of finances, which seemeth to aim at another place."

It is in this letter, that Bacon has the incredible meanness to tell the king, that, as for himself, he could only present his majesty with gloria in obsequio.*

It does not appear what part the chief justice, in particular, took in this affair, or in what manner he rendered

* Miss Aikin, in her valuable Memoirs of James I., after citing a portion of this letter, follows it up by observing, that the gloria in obsequio, of which Bacon here makes his boast, is expressed with peculiar energy in another letter, in which he is not ashamed to say to the king, "I am afraid of nothing, but that the master of the horse, your excellent servant, and I, shall fall out who shall hold your stirrup best." It should be observed, that this phrase is only used figuratively by Bacon, who adds, "but were your majesty mounted and seated without difficulties and distastes in your business, as I desire," &c. Bacon's Works, v. 389.

himself peculiarly obnoxious to the monarch; indeed, from an expression in Bacon's letter, it should seem, that he only acted in the ordinary discharge of his duty.

"Your majesty," says Bacon, may not see it, but I confess it to be suspicious, that my] Lord Coke was any way aforehand privy to that which was done, or that he did set or animate it: but only took the matter as it came before him; and that his error was only, that at such a time he did not divest it in some good manner."

Whatever may have been the conduct of Coke, it is certain, that he was proceeded against with the greatest rigour. On the 26th of July, 1616, he was cited before the privy council, and on his presenting himself, on his knees, at the board, he was charged with certain acts and speeches wherewith his majesty was unsatisfied, in number, three." 1. With having attempted to defraud the crown, with regard to a debt due from Sir Christopher Hatton; but of this charge he afterwards proved himself innocent. 2. That he had uttered speeches of high contempt in the seat of justice. 3. That his carriage, in the presence of his majesty, the privy council, and judges, had been uncomely and undutiful..

The second charge related to the dispute between the courts of chancery and common law, and the chief justice was now accused of "giving too much heart and encouragement to that cause.' The third charge was divided into two heads: first, that Coke had disputed the rights of the king's counsel to argue against the judges in the case of commendams; and, secondly, that in the same case he had dissented from the rest of the judges, who, upon the question put to them as before mentioned, had submitted themselves to the king's pleasure. In answer to these charges, the chief justice said, that he would begin with the last, and that as to that, he acknowledged himself in error, and submitted himself ; that with respect to the question propounded to the judges, it yielded many particulars, which suddenly occurring to his mind, caused him to make his answer, "that when the time should be, he would do that which should become an honest and just judge." In reply to the second charge, of having on the bench spoken words of high contempt, he admitted, that the words in question were spoken by him, but on another occasion; and he said, that he would never maintain a difference between the two courts, nor bring it into question, and yet, if it were an error, he might say erravimus cum patribus. He then defended his expressions, by citing several authorities, but concluded, by

saying, that, for the future, no such opposition to the jurisdiction of the chancery should be permitted.

On the 30th of June, the chief justice again presented himself, on his knees, at the council table, when Secretary Winwood informed him, that his majesty was by no means satisfied with his answers, but that, out of regard to his former services, he was pleased not to deal heavily with him, and had therefore decreed, 1. That he should be sequestered from the council table until his majesty's further pleasure. 2. That he should forbear to ride his summer circuit as judge of assize; and 3. That during his vacation, while he had time to live privately, and dispose of himself at home, he should review his books of Reports, wherein his majesty had been informed that many exorbitant and extravagant opinions were set down and published as good law. Amongst other things that the king was not pleased with, the title of those books, wherein Sir Edward Coke had styled himself Lord Chief Justice of England, whereas he was only entitled to be called Lord Chief Justice of the King's Bench. To this harsh sentence the chief justice is said to have answered, that he did, in all humility, prostrate himself to his majesty's good pleasure; that he acknowledged the decree to be just, and proceeding rather from his majesty's mercy, than his justice. As though this degradation were not sufficient, the lord treasurer, gladly availing himself of an opportunity to insult a man who had lost the royal favour, informed him, that he had one more circumstance to mention, the cognizance of which properly belonged to the Earl Marshal, viz. that his coachman used to ride bare headed before him, which was more than he could any ways assume or challenge to himself, and he required him to forbear it for the future. Compelled to notice this ridiculous charge, the chief justice replied, that the coachman did it only for his own ease, and not by his commandment. In October following, Coke was brought before the chancellor, and prohibited from entering Westminster Hall; and, on the 15th of November, he was succeeded, in the office of chief justice, by Sir Henry Mountague. He is said to have received the writ of supersedeas" with dejection and tears."

The address of the lord chancellor to the new chief justice, on his being sworn in, throws some light upon the causes which led to the dismissal of his predecessor. In the first place, Sir Henry was informed, that it is dangerous in a monarchy, for a man, holding a high and eminent place, to be ambitiously popular. He was next counselled to follow the example of his grandfather, who had also been chief justice, but had never arrogated to himself the title of capitalis

Justiciarius Anglia; who had never, by absurd and inept new constructions, strained the statute of Ed. III. to reach the Chancery; and who had never made teste Edwardo Mountague to justle with teste meipso. The chancellor also informed him, that he doubted not but if the king, by his writ under the great seal, commanded the judges that they should not proceed Rege inconsulto, they were bound dutifully to obey.Lastly, he bad him remember the removing and putting down of his late predecessor, and by whom. From this address may be gathered the professed, and probably the true reasons which led to the degradation of Sir Edward Coke; but, in addition to these, there were some private motives, which undoubtedly influenced that measure. The place of chief clerk of the court of King's Bench, at that period worth about 40007. per annum, was at the disposal of the chief justice, who, it is said, had made an arrangement with the favourite, Somerset, respecting the profits of the office. On the rise of Sir George Villiers, afterwards Duke of Buckingham, an overture was made to Coke to admit two trustees for the new favourite, to which the chief justice replied, that he was old and could not struggle. However, on the office becoming vacant, it was evident that Coke had no intention of so unworthily disposing of it; and this circumstance, in all probability, hastened his dismission from the bench. Against this combination of public and private jealousies, Sir Edward Coke could not hope

to maintain himself.

Hitherto we have seen little of Coke's domestic history; but soon after his disgrace, some circumstances occurred in his family which rendered his private affairs the subject of public curiosity and discussion. A coolness having arisen between Sir Francis Bacon and Secretary Winwood, the latter, desirous of humbling his adversary, imagined that he could adopt. no surer means to attain that object, than by procuring the restoration of the late chief justice to the royal favour. He therefore applied to Coke to sanction a marriage between his daughter, Frances Coke, and Sir John Villiers, the eldest brother of the favourite, now raised to the title of Earl of Buckingham. To this marriage, when proposed to him at a former period, Coke had expressed himself averse; but his scruples appear to have been overcome by his reverse of fortune, and he gave his consent to the match. But to prevent this union, no common exertions were made. Bacon, foreseeing in an alliance between his old rival and the favourite, the ruin of his own hopes, opposed the measure with a violence and indiscretion, which could scarcely have been expected from him. He addressed a letter to Buckingham, in which he urged every argument against the match, which he imagined likely