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The Life of Sir Edward Coke

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The Life of Sir Edward Coke This is a reproduction of a library book that was digitized by Google as part of an ongoing effort to preserve the information in books and make it universally accessible. https://books.google.com The life of Sir Edward Coke CUthbert William Johnson T H E LIFE OF SIR E D WAR D C O KE VOL. I. LONDON : SCHULZE AND CO., 18, POLAND STREET, To NEW YORK PUBLIC LIBRARY Astor, Lenox and TILDEN FOUNDATIONS -- " " - ºv, at W. lºan º il ºn. | Fººt, writ. º - -" yºº, iſ º ºf A. ºts, R. M.) - (0)grº º\º ºx!jº', ; º: ), sº " t 2 ( ) º 22 ºz.) zº º º % A / º ſº /// // / / //, y º /* Azzº &e orºgºza/ /?… c. 4, C.Jazen, ºn A, ſº assºon / / / Aay/y Aº ‘’ Henry Colburn tº G' Marlborough S' y 2 2%, 2. ' THE LIFE OF SIR EDWARD COKE, LORD CHIEF JUSTICE OF ENGLAND IN THE REIGN OF JAMES I. WITH ME MOIRS OF HIS CONTEMPOR ARIES BY CUTHBERT WILLIAM JOHNSON, Esq. OF GRAY'S INN, BARRISTER-AT-LAW. SEC O N D EDITION. VOL. I. L ON D ON : HENRY COL BURN, PUBLISHER, GREAT MARLBOROUGH STREET. M.DCCCXLV. TO NEW YORK PUBLIC LIBRARY * Astor, LENox AND TILDEN FOUNDATIONS - WITH GREAT PLEASURE THE AUTHOR DEDICATES THIS work (BY PERMISSION) - - TO THE RIGHT HONOURABLE THE EARL AND countEss of LEICESTER, - - As IT AFFORDs HIM AN oppoRTUNITY TO RECORD HIS SENSE OF THEIR KINDNESS AND HOSPITALITY. -- ; : - **- : - - - - - ; -- - * F. : . * * ; : *.*** -- * *-*. ... " ". ." * * - - - - -- - - r - *: •. *...** --- . - “. .. *::/ * ::, . *, * * * **** - - - º f • * * *... ... - - . ." . :* 'wº º: - - * : .*. º, - " * ... r ** * .*.* - ... * . *- : - w? - -- --- .--- - 3. * - : .- - - **, *. - -- . -- "re- * ... -- - -- ... *. * - “... - - * * * … --- . ------ .” ‘’i * . “. ... : º *-** . -- ** *-*.*.*, *, *. º - --" ‘. **, # • * . - ** ..-- - * - -- - - . - . - º.”. - - - > * : . 4. * ** . .”.” - : - * t * - - s : - - * ; ! - ... " , - & º - * - - - - a - - - - - - - - - - - - - -. - -- - - * . ..". *.** . - - - - - * . * , -- - - - • * *: -- ** ‘. * - - - - - - - - * - . .';*, *...*.*.*.*, * , - - - - * * *.... --> - - ... • * - - - - * .. - * - . .* . .* - * : .* ... * --- :* * - - . tº "." . ... • *, *... , - ..., • * ... * *... .” - - - * --> -- “... - - - - - - - - * . ". - .* •. ** 'r - -. - - .. ... -: -- - ** - *-* - - **'. - - : • , - - - i: - ... i - - ... : º º C O N TENTS OF T H E FIRST V O L U M E. C H A P T E R I. Page The period in which Coke lived — His general character —His birth in 1550—His parents — His family — Childhood — Enters Trinity College Cambridge — Archbishop Whitgift—Coke's studies—His power of intense application—Nature of his readings—Biogra phy of Whitgift—Coke becomes a Templar—Is called to the Bar—The course of legal study followed in his days—Mootings—Anecdotes of the law students— Coke pleads his first cause—Gets into practice—Accu mulates considerable property—Rapidly acquires estates —Notices of his landed property in Norfolk, Essex, Bucks and Dorsetshire. - viii CONTENTS, C H A P T E R II. 1578–1582. Page Coke's early career at the bar—Account of his first cause —Style of pleading—His emoluments—His legal con temporaries—Plowden—Bacon—Lord Ellesmere—Sir George Croke—Sir Harbottle Grimstone—Sir Henry Yelverton—Sir Lawrence Tanfield—Dodderidge—Da vid Jenkins. - - - - . 27 C H A P T E R III. 1582–1593. Coke's first marriage—The Paston family—Coke's father in-law—This the happiest period of his life—Trial of Mary Queen of Scots—Coke made Recorder of Nor wich, Coventry and London—A bencher and reader of Inner Temple—Elected into parliament for Nor wich—Made solicitor-general–Sketch of his parliamen tary demeanour—His description of the properties which a member of parliament ought to possess—The mem bers of that age—Their character—Their pay—Coke elected speaker—Sir John Puckering's speech on the occasion—Coke's first speech in parliament in address ing Queen Elizabeth—The lord keeper's reply—The Commons displease the Queen—Certain members com mitted to the Tower—Speech of Coke on the bill for reforming the ecclesiastical courts—His address CONTENTS. Page as speaker to the Queen at the close of the session —The Queen's speech in reply—Appointed attorney general–Sketch of the parliamentary proceedings dur ing the last years of Elizabeth and the first of James I. 65 C H A P T E R IV. 1593–1603. Coke's residence at Huntingfield Hall—The mansion and its remains—Coke's children—His wife—Her death— Her epitaph—Coke again thinks of marriage—The trea ty with Lady Hatton successful—His illegal marriage —Whitgift puts him into the Spiritual Court—Death of Burleigh—Notice of Sir William Hatton — Rivalry of Bacon—Letters of Lord Essex—Character of Lady Hatton—Trial of Essex and Southampton –Speech of Coke—Notice of Essex and of his son—Criminal trials of that age—The public quarrel of Coke and Ba con–Queen Elizabeth—Her conduct to Coke—Her gift to him—Her death—Coke continued attorney general by her successor. - - - - C H A P T E R V. 1602–1606. Coke knighted—Trial of Raleigh—His speech—Raleigh's defence—His condemnation—Sir Henry Montague's speech to him on judgment being passed—Notice of Raleigh–The gunpowder plot—Trial of the cons X CONTENTS. pirators—Coke's speech to the judges–Notice of this Page plot and of the conspirators—Many of its particulars doubted—Coke made Chief Justice of the Common Pleas—Coke's emoluments when at the bar—His fees of office. - - - - - . 55 C H A P T E R V I. 1606–1614. Coke's upright character as a judge—Ceremony of his investiture—Is previously made a king's sergeant— His introduction into the Court of Common Pleas— Bacon's letter to him—The case of Marmaduke Lang. dale—Opposes the court—Refuses to give his opinions —Opposes the Court of High Commission—History of this court—Coke nominated a commissioner— Refuses to sit—Conference in consequence—Archbi shop Bancroft's speech to him—The Court of Com mon Pleas, and the High Commission Court come into contact in the case of chancery—Coke sum moned before the Privy Council—Coke succeeds in his opposition—Is made Chief Justice of the Court of King's Bench—The real cause of his promotion— The case of Edward Peacham —the King desirous of ascertaining Coke's opinion—Bacon demands it—Coke finally baffles him—King James writes his opinion— Coke made High Steward of Cambridge. - . 2 3 CONTENTS. C H A P T E R V II. 1614–1616. Page Benevolences—Coke contributes to them — Presides at the trial of the murderers of Overbury—Weston —Ann Turner —Sir John Elvis — Sir Robert Monson —The Earl and Countess of Somerset—Roger Coke's account of the detection of the plot—King James’ fears—The plots which attended him—Coke's address —The declining health of the Lord Chancellor — Bacon intrigues to be his successor—Contest between the Courts of King's Bench and Chancery —Coke consulted by the King. C H A P T E R W II [. 1616–1617. The Case of Commendams—Bacon's letter to Sir Edward Coke—The letter of the Judges to the King—The Judges summoned before the King in council—The King's speech to them—Coke's reply—The King's rejoinder — Bacon's opinion — Coke's reply — The Chancellor puts a question to the Judges, which Coke alone refuses to answer — Again summoned before the council—The reports of the council to the King — Coke again summoned before them — The sentence of the Privy Council upon him—Desired to revise his reports—Suspended from his office–Again xii CONTENTS. Page appeared before the Privy Council—Letter of Bucking ham to Bacon—The King himself enters into the examination of Coke's reports—Coke again summoned before the Privy Council—The Chancellor's reports to the King, of the examination — The examination 293 suspended—Letter of Coke to Buckingham. - C H A P T E R IX. 1616. The real causes of Coke's suspension from the Court of King's Bench—The case of the chief clerkship of the Pleas—Resolution to discharge him—Bacon's letter to the King enclosing a form for the purpose—Warrant for his successor—Bacon advises the King as to Mon tague—Further notices of the review of Coke's re ports—Copy of Coke's supersedeas—Coke's behaviour on the occasion—The opinion of his legal contempo raries—The letters of Mr. Chamberlain—The Queen befriends him—Sir Henry Montague appointed his successor—Bacon's letter to Buckingham—Speech of the Chancellor to Sir Henry Montague when he was sworn to his place—Incomes of the judges in the time of Coke—Notice of Robert Cecil first Earl of Salisbury —Of Williers Duke of Buckingham, . INTRODUCTION. THE works of Sir Edward Coke have been long familiar to the legal profession ; to no English lawyer, indeed, are his gigantic labours unknown. But with regard to the life of their great author, with the exception of the able no tice by Oldys, in the Biographia Britannica, little has yet been accomplished. To the readers of English history, Coke is principally known as the pleader who so rancorously conducted the pro secution of Sir Walter Raleigh; and he is hard ly remembered for anything except the part which he played in that melancholy trial. To this, many circumstances have contributed ; he was much too independent in his political conduct to be a favourite with the historians of either party; too patriotic for the royalists; his high prerogative legal opinions were, on the other hand, equally distasteful to the republicans. xiv. INTRODUCTION. In this work, I have endeavoured to supply the deficiency above referred to ; and for this purpose have availed myself of the stores con tained in the Plumian Library, in my own im mediate neighbourhood; that of Lambeth, which has been opened to me by the kindness of his Grace the Archbishop of Canterbury, and that of Holkham, through the liberal hospitality of the Earl and Countess of Leicester. In none of these collections, however, nor even among the splendid stores of the British Museum, have I found so many original letters of Coke as I once anticipated.
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