Finally, the matter was compromised, by the House declaring that neither Fortescue nor Goodwin was duly elected, and that a new writ should issue; which was accordingly done,* by a warrant from the speaker, directed to the clerk of the crown.

The issue, however unsatisfactory to both parties, betrayed the first great feeling, on the part of the parliaments of the house of Stuart, to assert their independence, and to maintain their privileges.

Yet, long after this, the chancellor was wont to issue his writs to supply vacancies in the representation of the people; and when the King, his master, had the power, (which he certainly had, down to the reign of Charles II,) of creating boroughs at pleasure, and nominating electors, it would seem to be a very slight extension of the privileges of the King, to decide upon the validity of their returns. The very writ from the King to the sheriff, on which Goodwin was returned, expressly forbids the election of outlaws; and it was, therefore, absurd to contend, that in case of the return of such outcasts, they were to sit in judgment upon themselves.

Such, however, has long ceased to be the election law of England. There is now only one

5 Parliamentary History, 7.

court to appeal to, in cases of controverted elections; namely, the House of Commons; and by them all cases of disputed returns are, under the provisions of George III, c. 16, commonly called the Grenville Act, referred to a committee chosen by ballot.

This plan has removed many causes of complaint, as to the partiality displayed by former committees of privilege; but still it is open to many objections; it is attended with much delay, expense, and many contradictory determinations. It would be much more satisfactory if the house could appoint, annually, certain judges to determine all election petitions. They would, by such a course, ensure uniformity in their decrees, escape all suspicion of political partialities, and effect much greater despatch.

Sir Edward Coke's name often appears during the progress of this affair: he was on most of the committees and conferences; bringing down, as attorney-general, several of the messages from the Lords, whom he attended in virtue of his office.

In those days, the attorney-general was regularly summoned to be in attendance upon the House of Lords; which writ is even now formally issued, though never obeyed.

Coke himself tells us that, in his time, the

* 4 Institutes, 48.

House of Commons resolved, that the attorneygeneral was ineligible to be a member of their house. If, however, they were members of the Commons previously to their appointment to the office, then the house claimed them as members, and they were not compelled to attend the House of Lords*.

Since the time of Charles II, if the attorneygeneral has been a member of the House of Commons, his attendance in the upper house has been always dispensed with. Sir Heneage Finch, afterwards chancellor Nottingham, member for Oxford University, and attorney-general in 1670, was the first who enjoyed this privilege.t

The attorney-general, when in attendance upon the Lords, had not the power of voting, unless he was a peer. He was in exactly the same position, in this respect, as the judges and masters in chancery, who regularly attend the House of Lords, at this day, to be ready to offer their advice when called upon. Even the secretaries of state still receive their summons to attend the Upper House.

* Moor's Reports, 551.

† 1. Blackstone's Comm., 168.

Christian's note. Com

mons Journals, 11th April 1614. 8th February 1620.

CHAPTER 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 treaty 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 Bacon-Queen Elizabeth-Her conduct to Coke -Her gift to him-Her death-Coke continued attorneygeneral by her successor.

FROM the time of his first marriage in 1582, Coke appears to have resided, during vacation time, at Huntingfield in Suffolk; and it is most probable that nearly all his children were born there, for the baptisms of seven of them are recorded in the register of the parish; and Elizabeth, one of his daughters, who died an infant, in 1586, was buried in the church of that place.

It appears that Coke occupied Huntingfield Hall jointly with his mother-in-law, Lady Bedingfield, on whose death, in 1595, he came into the sole possession of the estate.

Of this fine old mansion no remains are now existing. It was sold from the Coke family, by Lord Leicester, to Sir Joshua Vanneck, who pulled down the family residence, and erected a farmhouse on its site. By the Reverend Henry Uhthoff, the present intelligent rector of Huntingfield, a drawing of the old house has been recovered, and the following description of this interesting relic is in his own words :*

"It is an old coarse painting, probably done in the time of Elizabeth; its size, without the frame, about four feet square, but much confused, from an attempt to take in a portion of the grounds as a forest. It corresponds, pretty exactly, with the following description of it given by the Reverend C. Davy, rector of Onehouse in Suffolk, in a letter to his son, a gentleman with whom I was intimately acquainted, and upon the accuracy of whose description you may rely. This has been further confirmed to me by the vivá voce evidence of the tenant of the park farm, who formerly resided in the old hall, and was resident in the new one for

Letter to the author.