Disgrace of
Coke.

The fall of Somerset was followed by the disgrace of Coke, whose industry in detecting the murder of Overbury did not, in the estimation of James, atone for his obstinacy and disobedience. In legal knowledge he had no equal: but his proud and overbearing carriage had multiplied his enemies, and his pretensions to succeed to the chancellorship on the demise of lord Ellesmere, exposed him to the malicious insinuations of Bacon, who sought by obsequiousness and flattery to obtain that office for himself. To increase his own authority and emoluments the chief justice had acted, as if all other tribunals were subordinate to his : the judges of the admiralty, and the high commission court, even the members of the provincial councils of the North and of Wales, complained that their jurisdiction was invaded and impaired by « prohibitions » from the king's bench and the pride of Ellesmere was irritated by a threat of præmunire, because he had allowed a cause, decided before Coke, to be entered in the court of chancery'. But there were other causes of offence which sunk more deeply into the breast of the king. In the cases of Peacham and Owen, Coke had not only dissented from his colleagues, he had even opposed the

:

or brought with it an increase to the revenue; and that he made himself many enemies by opposing both the suitors and the ministers for the advantage of the crown. Archæologia, xvii. 288.

Against the star-chamber Coke maintained that it could not levy damages. With respect to the chancery he threatened both judges, suitors, counsel, and solicitors, with præmunire for granting or seeking relief in equity, after judgment had been given in the king's bench. He founded his opinion on the words rather than the spirit of the statute of præmunire, which forbade causes to be carried from the king's courts into other courts, evidently meaning the spiritual courts. Bacon, vi. 84. Cabalą, 31. 33.

infallible judgment of James himself. His opinion, that the late benevolence was illegal, though he was afterwards obliged to retract it on his knees, and to give a contrary decision in the star-chamber, had induced numbers to withhold their money: and in a case of commendam he had presumed to proceed with the cause in defiance of the royal prohibition. By James his conduct on these occasions was felt as a personal injury, and Bacon was careful to represent it as proceeding from a wish to gain popularity at the expense of the prerogative.

The archbishop, the chancellor, and the attorney

'Peacham had written a defamatory sermon, which was never preached but found in his study, complaining of the king's expenses of keeping divided courts » for himself, his queen, and his son, of his gifts for dances and banquets, of the costliness of his dress, of the frauds of his officers, etc. Questions were framed to discover his motives and advisers, and answers were required from the old man, (he was above sixty years of age) « before torture, in torture, << between torture, and after torture, by the express command of the «king Dalrymple, i. 56-58. James was so incensed that he maintained the offence was high treason; ibid. 61. : while Coke said that it might be defamation but not treason, because it did not amount to disabling the royal title. He was tried and condemned in Somersetshire. Aug. 7, 1615, and died in prison, in the following spring. Bacon, v. 336. vi. 78. 87. State Trials, ii. 870-879. Owen's crime was the assertion that princes excommunicated by the pope might be put to death. Owen pleaded that this was no treason, because James had not been excommunicated, and therefore the words could not apply to him. In opposition both to the king and the other judges, Coke maintained that the answer was good. At last, though with reluctance, he in some sort recanted, by admitting that he was in error to suppose that the king had not been excommunicated; he now believed that he had, and that of course Owen's words were treasonable. Bacon, iv. 440. v. 351. vi. 8o. 87. State Trials, ii. 879-883.

1616.

June 30.

general were commissioned to collect for the royal infor mation all the offences of the chief justice, and he received an order to abstain in the interval from the council chamber, and instead of going the circuit, to spend his time in correcting the errors and innovations contained in his book of reports. James, however, declared that he meant to shew him favour, if he would humble himself, and confess his delinquency: but when his answer was received, that he had discovered but five unimportant mistakes', the king, attributing it to pride and obstinacy, forbade him to take his seat on the Nov. 16. bench, and, a month later, substituted Montagne the recorder of London in his place.

Oct.

Rise of
Bacon.

Nov. 7.

1617.

Mar. 3.

Mar. 7.

This event gave new confidence to the ambition of Bacon. He had freed himself from his great rival, and had earned the esteem of the sovereign, by his fearless advocacy of the prerogative. Still Ellesmere, though his age and infirmities admonished him to retire, clung with the most vexatious pertinacy to the emoluments of office; and, by repeatedly recovering when he was thought on the point of death, exercised and irritated the patience of the attorney general. That officer, however, steadily pursued his course, till he obtained the reward of his servility. He laboured to secure the good services of the new favourite: pretended on all occasions the most sincere affection for the lord chancellor, now created viscount Brackley; and on every relapse of the infirm old man, reminded James of his own merits and pretensions. At length Brackley felt the approach of that hour, which within a fortnight closed his mortal existence he sent to the king his resignation; and the seals were immediately confined to Bacon, 'Bacon, vi. 122-129. 397–410.

with the title of lord keeper, a sufficient pledge that if

he continued to give satisfaction, he would shortly be May 27. advanced to the dignity to which he had so long and so

ardently aspired. '

Hitherto in this chapter, the attention of the reader has been confined to the domestic occurrences from the year 1606 to 1617 the remainder will be distributed under three heads: 1°, the king's transactions with foreign powers; 2°. his attempts to establish episcopacy in his native kingdom; and, 3°. his plans for the government and colonization of Ireland.

tions with

I. In 1607, the eyes of all the European nations were Transac fixed on the negociation at the Hague. After a contest Holland. of forty years, both the king of Spain and the United Provinces had grown weary of hostilities. Philip had learned to doubt the result of an attempt, which originally appeared of easy execution. He even feared that the partial success, which had lately thrown a lustre on his arms, might lead to a consummation which he dreaded; and that his revolted subjects, rather than submit to the rule of their ancient masters, would throw themselves at the feet of his rival, the king of France. On the part of the Hollanders, the most moderate and most able statesmen equally longed for peace, provided peace were coupled with the recognition of their independence. It was indeed true, that they had hitherto been able to maintain the contest against their formidable antagonist; but they knew that, if they had not fallen in so long and arduous a struggle,

'Bacon's patent was dated on the 30th of March, and on the 28th of May, John the son of the deceased chancellor was created earl of Bridgewater, in consequence of a promise made to Brackley, when he resigned.

1607.

April 24.

it was owing not to their own strength, but the support which they had received from England and France. Now, however, on the king of England, unwilling from the timidity of his temper to draw the sword, unable from his poverty to supply their wants, no reliance could be placed and accident or policy might at any moment deprive them of the king of France, who, though he had proved a faithful, was well known to be an interested friend. In this temper of mind the offer of an armistice, preparatory to a treaty, had been April 22. gratefully accepted by the states: the king of Spain and the archduke agreed to consider them during the conferences as an independent government; and first the French, afterwards the English, king, sent their respective envoys to act the part of mediators between the adverse powers. The progress of this important negociation is foreign from the plan of the present history : it will be sufficient to observe that, after many debates, the hope of a permanent peace vanished; that in its place a long truce was suggested; and that at last, partly through the entreaties, partly through the firmness of the mediating powers, a cessation of hostilities was concluded for the space of twelve years.

Aug. 1.

1609. Mar. 29.

Much occured during the conferences to prove how low the king of England was sunk in the estimation of his contemporaries. It was believed that he had not the spirit to engage in war, and that, however forcibly he might advise the states to persevere, he would infallibly abandon them in the time of need. Prince Maurice had even the boldness to tell the English ministers to their face, that their master dared not open his mouth in contradiction to the king of Spain.

Hence the French, during the negociation, assumed a