supplying his omissions, correcting his mistranslations, pointing out the consequences which would follow from his principles of interpretation if impartially applied, and concluding in all points in favour of the impugned decree. The name of the writer does not appear to be known; but he was evidently a lawyer familiar with the practice of the Chancery and the study of records; and in the absence of all means of guessing what kind of answer Coke would have made, he leaves Bacon clearly in possession of the field. Coke's defence of himself when called before the Council was pitched in an unusually low key, and so little impressive, that History seems hardly aware that he made any defence at all, or had any opportunity to make one. Hallam only says that after what passed at Whitehall on the 6th of June, "he was suspended from his office, and shortly afterwards dismissed;" taking no notice whatever of the proceeding on the 26th. Lingard is equally silent with regard to that proceeding. And Mr. Gardiner, who knows of it and mentions it, appears to have mistaken the information of the Solicitor-General for the censure of the Board. "On the 26th," he says,1" he [Coke] was called before the Council; and after being charged with some pecuniary transactions of doubtful character, in which he had been engaged some years previously, he was censured for the words which he had used to the Jury in the cases of Glanville and Allen" [that was the Pramunire case]; "for his indecent behaviour in refusing to listen to the argument of the Attorney-General in the King's presence" [that was in the Council on the 6th of June on the Commendam case]; "and for his steadfastness" [that is, his refusal to answer the King's question] "when the other Judges gave way." And then, without any allusion to what Coke said in reply, he goes on to tell us that "a few days after, he was again summoned before the Council" and suspended from his seat at the table and from taking his part in the ensuing circuit. Now the fact (as I understand it) was, that the business of the Council was only to witness and report. The King had directed them to call Coke before them and hear what he had to say in answer to certain charges which would be set forth by one of the Learned Counsel. He was summoned accordingly; the charges were set forth by Sir Henry Yelverton; Coke made his answer; and the Council reported the substance of it to the King. Their report was not accompanied with any opinion or suggestion of their own upon the point at issue, and was drawn up in a style of studied respect and moderation, as if they wished to make the best of it. The censure was left to the King; 'History of England, 1603-1616,' vol. ii. p. 281. 1 who, not finding Coke's answers satisfactory upon any of the heads, resolved to suspend him for a while from the exercise of his office, and at the same time to set him a holiday task. For the many questionable doctrines of law which he had being laying down of late in support of his official pretensions had not unnaturally suggested an inquiry whether all was good law that was set down for such in his Reports and passages had been discovered in them (by whose industry I do not exactly know: but I think both Ellesmere and Yelverton were concerned in it, and probably Bacon himself) which were represented to the King as dangerous and requiring correction. Who accordingly directed the Council to call him before them once again, and inform him that it was his pleasure he should forbear for the present to sit at Council or on the Bench: and at the same timebecause he was informed that there were in his books of Reports many exorbitant and extravagant opinions set down and published for positive and good law "-that he should employ the leisure of the vacation in reviewing and correcting them. "And having corrected what in his discretion he found meet in those Reports, his Majesty's pleasure was that he should bring the same privately to himself, that he might consider thereof, as in his princely judgment should be found expedient." This was done on the 30th of June 1616, and it was all that was done for the present. Of the result of Coke's review of his Reports and the King's final disposal of the case, we shall hear further on in the course of Bacon's correspondence. But it belongs to a later date, and I shall have some important papers to deal with before I come to it. 401 INDEX TO VOLUME V. ABBOT. Abbot, George, Archbishop of Canter- One of the Council responsible for One of the Committees named by Interdicts Burgess the Puritan See 357. 369. Adams, a witness in Peacham's case, Alford, Mr., M.P., on the Bishop of Allen, William, and Richard Glanville, Altham, James, Judge, 360. A. BACON. Amos, Professor, his Great Oyer of racter, 344-346. Arabella, the Lady, monopoly licence Arundel, dowager Countess of, claim 224. Ashley, Mr., M.P., on the Bishop of Ashton, letter brought to Somerset by, Attainted persons; bill brought in for Audeley, from what office raised to the See 390. Ayres, Sir John, at Weston's execu- B. Bacon, Francis, not favourable to the Bacon, Francis-continued. His charge against William Tal- Letter to Somerset on the proposi- 2 D Bacon, Francis-continued. His warning against brigues and canvasses, 20. His sketch of a speech to be made by the King to the two Houses, 21-30. Elected to the new Parliament by three constituencies, 31. Objection raised to his taking his seat, decision of the Commons thereon, and probable reason for such decision, 31-33. His speech on motion for supply, 34-38. Brings in Bill for naturalizing the Count Palatine, 39. Silent in debate on Impositions, 40. Brings in four Bills of Grace: notes of his speech thereon, ibid. His speech against a motion for empowering a committee to examine the persons charged with "Undertaking," 42-48. His disapproval of the attempt to force on the question of supply, 50. Notes of his speech in reference to the charge against Sir Thomas Parry, 52. Part assigned to him in the conference with the Lords concerning impositions, 53-56. Notes of his speech on preparation for conference with the Lords, 56. His silence during the rest of the session, 72, 73. His advice concerning the "Benevolence," 80. His memorial of "certain points to be observed in the voluntary oblation well begun for his Majesty's help and supply," 81-83. His letter to Sir Thomas Lake on a point of law connected with the grant of a forfeited estate, 84. His memorial touching the review of Penal Laws and the Amendment of the Common Law, 84— 86. Notes of his speech in the Star Chamber in a case of deer-stealing, 87-89. One of the commissioners to examine Peacham, 93. Not personally concerned in the application of torture, 95. His letter to the King upon the case, 95, 96. Letters on private business to his friend John Murray, 97, 98. Letter to the King concerning Peacham and Owen, 100-102. Bacon, Francis-continued. His opinions of the policy of en- Letters to same, on the Lord Chan- 127. Prepares papers (not now extant) on means of improving the revenue, 129. Letter to the King thereon, 130. His letter to the King reporting result of Oliver St. John's trial in the Star Chamber, and charge given by him upon the occasion, 135-146. His practice of revising and correcting his speeches, as shown by the two copies of his charge against Owen, 152. His probable reason for leaving it unfinished, 153. First copy of the Charge, 154-159. Second and more extended version, 160-167. Report on Sir Gilbert Haughton's Patent, 169. His letter to the King on the terms granted to the new Merchant Adventurers' Company, 170-172. His reply to Lord Norris, threatened with a charge of manslaughter, 173. His advice to the King concern ing the calling of a new Parliament, 174. 191. His charge against Sir John Wentworth and others, for questioning Weston at his execution for the murder of Overbury, 213223. Recommends that the hearing of the case of Rege inconsulto de postponed, 223--225. Commencement of his acquaintance with Sir George Villiers, afterwards Duke of Buckingham, 225. His letter to him touching Roper's place, 228. His first impression of the case against Somerset, ibid. |