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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 600003389 £/> 600003389 £.79 600003389 £.jS LIFE THE RIGHT HONOURABLE Sir EDWARD COKE, Knt. &c. LIFE THE RIGHT HONOURABLE Sir EDWARD COKE, Knt. LORD CHIEF JUSTICE OF THE KINGS BENCH, fcc BY HUMPHRY W. WOOLRYCH, of lincolm's-ikn, esq. barrister at law. LONDON: J. & W. T. CLARKE, LAW BOOKSELLERS A N I) PUBLISHERS, PORTUGAL-STREET, LINCOLN's-INN. 1826. J)l. r Luke Hansard St Suns, near Lincoln's-Inn fields. THOMAS WILLIAM COKE, ESQ. or HOLKHAM, IN THE COUNTY OF NORFOLK, Cljtjs tEcntoir is WITH HIS KIND PERMISSION, BESPF.CTFULLY DEDICATED BY THE AUTHOR PREFACE. I n e Author has endeavoured, in the following pages, to give as full a Memoir of Sir Edwakd Coke, as he has been able to collect from the historical and biographical information extant concerning that great Lawyer. He believes that it has not been hitherto attempted to combine these consolidated details in a separate work; this he has for some time contemplated, and now submits, with much respect, to the Public. 8, King's Bench Walk, Temple, November 14, 1825. THE LIFE OF THE RIGHT HONORABLE Sir EDWARD COKE, Knight. TT is not uncommon, and sometimes certainly not indiscreet, for the biographer of great men to enter at once upon their histories, ab staining from previous comment on the times in which they lived, or the prevailing usages which influenced their actions. For it fre quently happens, that points of character, which are represented by writers in different lights, depend on the opinions which men form of common occurrences in which the party has been engaged, or on general motives which have actuated him ; with such the reader is acquainted by virtue of his own experience, and can himself judge competently of them, as he pursues the narrative. But where some emi- B ( 2 ) nent person has been accused of many errors, and assailed by various prejudices; where the imputations cast upon him are to be weighed not so much by a reference to ordinary affairs, as to the manners of the age in which he lived ; where again a discrepancy among authors as to the truth of these insinuations, compels us to balance the credit due to each ; it is both just and candid to give some warning of these coming differences, and to reveal, in substance at least, the character of the times to which they have relation. Sir Edward Coke had the fortune to be ex posed at different periods of a long life to the most severe calumnies, the most mortifying scurrilities, and the most painful privations ; and although a future opportunity will be found for the discussion of his general character, yet, as pride, obstinacy, severity, and even favouritism, were strongly urged against him, the attention of the reader shall be briefly directed to the ruling influences which swayed the man, and the courtier of his day. Education, the spring of intelligence and independence, was for the most part confined to men of rank and fortune ; and the exercise of reason was permitted to these only as far as it harmonized with the temper of existing ( 3 ) authorities. The auspicious beamings of the Reformation had indeed shed forth a partial light ; but the gloomy sternness of Henry, and the arbitrary capriciousness of Elizabeth, were but ill calculated to give due energy to the new state of things which they had established. Implicit and unwavering obedience to power was therefore the first lesson taught to youth, the first practice adopted by manhood, and the 'best interest known to age. We are not to con clude, that there were no characters excepted from this reign of subserviency, but the instant disapprobation manifested against them, and the punishments they suffered, show sufficiently the spirit of the age, and the temerity of those who dared to speak or act in opposition to it. In support of this, the example of Peter Wentworth need hardly be given. No sooner had this person asserted the freedom of debate, which he thought necessary to the House of Com mons, than he was visited with a citation to the Star Chamber, and a month's imprisonment, being released at the end of that time only by the special grace of majesty. And on a reite rated expression of that independent feeling, he was committed to the Tower, with two or three others who had hazarded an opinion in his favour, during the Queen's pleasure. In B 2 ( 4 ) short, the laconic language of aye or no was the only means by which men, who are now most powerful members of the legislature, ex pressed their sentiments on public affairs, unless they chose to risk the censures of the court, with the penalties incident to them. Severity, nursed up from the earliest dates of English history, still flourished when the unfortunate traitor or felon came before his judges. That refined tenderness towards the accused, which now so eminently distinguishes the tribunals of this country, which enlists every feeling on his side, and not unfrequently, for the sake of life and freedom, allows him to step beyond the strict regularities of practice; which, if there be the least doubt as to his misconduct, operates most strongly for his acquittal, was utterly unknown to the judicial benches during the sixteenth and seventeenth centuries. With regard to those unhappy persons, we find the same influence prevailing which M. Cottu de nounces as too common in the criminal courts of France, — an inclination to believe every ill against the prisoner, and an anxiety to exclude all expectation of his innocence. Born under a grasping and self-sufficient dominion, it was no wonder that the industri ous and the ambitious looked for promotion to ( 5 ) those who were in highest favour with the chief authorities, and that, having attained to ad vancement, either from gratitude or interest, they allowed themselves to be guided by those favourites, and acceded to their fullest wishes. We must not, then, be surprised to find great places, weighty affairs, even men's lives, at the disposal of courtiers, since the principal agency on these occasions was managed by such as had thriven under power, and were naturally fear ful of losing the advantages they had acquired through their servility. The courtier's image has been almost already depictured : he was prodigal of his flatteries to obtain power, and careless by what means he secured his rising ; he attached himself to the coming fortunes of the time, and diligently waited on the dispositions of those whom he served. Haughty from success, he exacted the same obedience from others which he had him self practised, and while he scrupled not to ask concessions at the hands of those whose con sciences and duties must have prompted them to deny his requests, he never failed on the slightest defeat, through his subordinate agents, or his own personal influence, to traduce the characters of any who had resisted him, and, if practicable, to deprive them at once of good B3 ( 6 ) fame and employment. If then, in the authors which we shall have occasion to quote, our celebrated chief justice is reproached for pride and obstinacy in disputing the King's preroga tive in some cases, it is fair to conclude, that he might have deviated from the accustomed humiliations required by the Crown ; if he is loaded with censure for his harsh treatment of illustrious nobles or state prisoners when on their trial, it must be recollected at the same time that we may confess our inability to justify his conduct, that such severity had long been in unison with the overbearing temper of the times; if he is proved at one time to have yielded his sense of duty to the capricious courtings of a favourite, repeated instances of corruption as sure us, that to obey such influence was then hardly esteemed an error ; and when afterwards he is found to withdraw his countenance from such usages, we shall rather be disposed to regard him with admiration, who, while an overweening desire for private advantage was predominant, resolved, in spite of opposing prejudice, and probable disgrace, to act con formably with the spirit of the constitution. The opinions, as well of his panegyrists as of his assailants, are to be duly balanced and appreciated ; we shall distinguish between the ( 7 ) remarks of the courtier and the puritan, the declared enemy and the faithless friend, the advocate of strict government and the zealot for liberty. The name of Coke, or Cocke, is of great antiquity ; it signified a river among the ancient Britons ; and there are at this day many places which substantiate its origin, as Cockesford and Cock-Thorpe, in Cumberland ; Cokely, in Suffolk, &c.(«) His name has ever been highly estimated in the county of Norfolk. In early centuries many manors and lordships were in the pos session of our Judge's ancestry ; in after ages the prosperity of his family was distinguished by the renown of their merits, and the value of their inheritances ; the Chief Justice was happy in the accumulation of honours and for tune ; and if we search among his descendants we shall discern many considerable persons, the last Earl of Leicester, and the present most respected owner of Holkham. It may be right, before an enlarged ac count of these individuals is entered upon, to point out one writer, Mr.
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