The Curious Case of Lady Purbeck | Page 6

rage and said: "Then am I to be
under the law--which it is treason to affirm?"
To which Coke replied: "Thus wrote Braxton: 'Rex non debet esse sub
homine, sed sub Deo et Lege.'"[8]
Coke had the misfortune to offend the King in another matter. James
issued proclamations whenever he thought that the existing law
required amendment. A reply was drawn up by Coke, in which he said:
"The King, by his proclamation or otherwise, cannot change any part of
the common law, or statute law, or the customs of the realm." This still
further aggravated James.
Meanwhile Bacon, now Attorney-General, was high in the King's
favour, and he was constantly manoeuvring in order to bring about the
downfall of his rival. He persuaded James to remove Coke from the
Common Pleas to the King's Bench--a promotion, it is true, but to a far
less lucrative post. This greatly annoyed Coke, who, on meeting Bacon,
said: "Mr. Attorney, this is all your doing." For a time Coke
counteracted his fall in James's favour by giving £2,000 to a
"Benevolence," which the King had asked for the pressing necessities
of the Crown, a benevolence to which the other judges contributed only
very small sums. This fair weather, however, was not to be of long
duration.
In 1616 Coke again offended the King. Bacon had declared his opinion
that the King could prohibit the hearing of any case in which his
prerogative was concerned. In the course of a trial which shortly
afterwards took place, Bacon wrote to the judges that it was "his
Majesty's express pleasure that the farther argument of the said cause
be put off till his Majesty's farther pleasure be known upon consulting
him." In a reply, drawn up by Coke and signed by the other judges, the
King was told that "we have advisedly considered of the said letter of

Mr. Attorney, and with one consent do hold the same to be contrary to
law, and such as we could not yield to by our oaths."
James was furious. He summoned the judges to Whitehall and gave
them a tremendous scolding. They fell on their knees and all were
submissive except Coke, who boldly said that "obedience to his
Majesty's command ... would have been a delay of justice, contrary to
law, and contrary to the oaths of the judges."
Although Coke was now in terrible disgrace at Court, he might have
retained his office of Chief Justice, if he would have sanctioned a job
for Villiers, the new royal favourite. George Villiers, a young man of
twenty-four, since the fall of the Earl of Somerset had centralised all
power and patronage in his own hands. The chief clerkship in the Court
of King's Bench, a sinecure worth £4,000 a year, was falling vacant,
and Villiers wished to have the disposal of it. The office was in the gift
of Coke, and, when Bacon asked that its gift should be placed in the
hands of Villiers, Coke flatly refused and thus offended the most
powerful man in England. Nothing then became bad enough for Coke
and nothing in Coke could be good. His reports of cases were carefully
examined by Bacon, who pointed out to the King many "novelties,
errors, and offensive conceits" in them. The upshot of the whole matter
was that Coke was deprived of office. When the news was
communicated to him, says a contemporary letter, "he received it with
dejection and tears."[9]
It would be natural to suppose that by this time Bacon had done enough
to satisfy his vengeance upon Coke. But no! He must needs worry him
yet further by an exasperating letter, from which some extracts shall be
given. It opens with a good deal of scriptural quotation as to the
wholesomeness of affliction. Then Bacon proceeds to say:[10]
"Afflictions level the mole-hills of pride, plough the heart and make it
fit for Wisdom to sow her seed, and for grace to bring forth her increase.
Happy is that man, therefore, both in regard of Heavenly and earthly
wisdom, that is thus wounded to be cured, thus broken to be made
straight, thus made acquainted with his own imperfections that he may
be perfect. Supposing this to be the time of your affliction, that which I

have propounded to myself is, by taking the seasonable advantage, like
a true friend (though far unworthy to be counted so) to show your shape
in a glass.... Yet of this resolve yourself, it proceedeth from love and a
true desire to do you good, that you, knowing what the general opinion
is may not altogether neglect or contemn it, but mend what you may
find amiss in yourself.... First, therefore, behold your Errors: In
discourse you delight to speak too much.... Your affections are
entangled