CHAP. of corn, and I love to follow ancient precedents. I think this bill truly speaks Dutch, and is for the benefit of the Low A.D. 1621. Countrymen.' He de fends Arch bishop Abbott from the charge of man slaughter. Coke leader of the Opposition in the House of Commons. During the recess he counteracted a selfish plot of the new Lord Keeper for "depriving" Archbishop Abbott, who, in hunting in his park, had unfortunately killed a man with a cross-bow. The attempt was to make it "culpable homicide," on the ground that the Archbishop was employed in an unlawful act when the accident happened. But Coke asserted that, "by the laws of this realm, a bishop may rightfully hunt in a park; - hunt he may by this very token, that a bishop, when dying, is to leave his pack of hounds (called muta canum) to the King's free will and disposal."† When parliament again met in November, Coke's spleen was aggravated by a long and pedantic lecture to the two Houses, delivered by Lord Keeper Williams, who pretended to hold regularly-bred lawyers in contempt ‡;-and he exerted himself still more strenuously against the Government. The subjects which then agitated the public were the Prince's proposed match with the Infanta of Spain, which was strongly opposed by the popular party, and the war for the recovery of the Palatinate, which they strongly desired. Sir Edward Coke moved an address to the King on these subjects, saying, "Melius est recurrere quam male currere. It is true that the father, even amongst private men, should have power to marry his children, but we may petition the King how his prerogatives are to be exercised for the public good. So the voice of Bellona, not the turtle, must be heard. The King must either abandon his daughter, or engage himself in war. The hope of this match doth make the Papists insolent. To cut off their hopes, he ought to marry the Prince to one of his own religion. On such matters the greatest princes have taken the advice of parliament. Edward III. did confer with the Commons about his own marriage; and in the forty-second year of his reign, growing weary of bearing his armour, treating for peace, he acquainted the Commons with the treaty, whereupon the Commons did beseech him 'that he would take his sword in his hand, for a just war was better than a dis * Proceedings and Debates, ii. 87. 1 Parl. Hist. 1296. IX. honourable peace.' In a record, 4 Hen. V., we read these words,- CHAP. ' it shall hold for ever that it shall be lawful for the Commons to talk of the safety of the kingdom, and the grievances and remedies thereof.' The very writ of summons shows that we are called hither to advise for the defence and state of the King and kingdom." * The address was carried, but drew down an answer strongly reflecting on the mover:— "We wish you to remember that we are an old and experienced King, needing no such lessons; being in our conscience freest of any King alive from hearing or trusting idle reports, which so many of your House as are nearest us can bear witness unto you, if you would give as good ear unto them as you do to some tribunitial orators among you." † The King more deeply resented another address from the Commons, which they styled an "Apologetic Petition," and in which they maintained "that they had merely expressed their opinion with all dutifulness respecting the Spanish match and the assistance to be given to the King of Bohemia." He now said to them, "This plenopotency of yours invests you in all power upon earth, lacking nothing but the Pope's, to have the keys also of heaven and purgatory. And touching your excuse of not deter. mining any thing concerning the match of our dearest son, but only to tell your opinion; first, we desire to know how you could have presumed to determine in that point, without committing high treason. In our former answer to you, we confess we meant Sir Edward Coke's foolish business. It had well become him, especially being our servant, and one of our council, to have explained himself unto us, which he never did, though he never had access refused to him." A.D. 1621. The King forbids the House of In a letter to the Speaker, the King gave this command,— "Make known in our name unto the House, that none therein shall presume henceforth to meddle with any thing concerning our government, or deep matters of state. . . You shall resolve them in our name, that we think ourselves very free and able to punish any to discuss man's misdemeanour in parliament, as well during the sitting as after, - which we mean not to spare hereafter, upon any occasion denies their of any man's insolent behaviour there that shall be ministered privileges. unto us." matters of state, and 1 Parl. Hist. 1322. † Ibid. 1319. CHAP. His Majesty further insisted that the House had no privileges except such as were granted by him and his predecessors, intimating that the privileges so granted, if abused, Coke's vin- might be recalled. This seems to have thrown the House dication of into a flame; and, according to the Parliamentary History*, the privileges of the A.D. 1621. House. He moves ation," which is agreed to and en tered in the Journals. "Sir Edward Coke would have us make a Protestation for our privileges that he can tell us when both Houses did sit in parliament together, both the Lords and the Commons: that the demand of the privileges of this House by the Speaker was after they began to be questioned, and used to be done at the first meeting of the parliament, in this manner, that if the House might not have their privileges and liberties they would sit silent. testeth before God that he ever speaketh his own conscience, but he doth not ever speak his own things, for he for the most part speaketh by warrant of precedents. Omnis qualitas in principali subjecto est in summo gradu,' as 'lumen in sole,' and so are the privileges (which are the laws) of the parliament here in the parliament, 'in principali subjecto,' and therefore, in summo gradu.' The liberties and privileges of parliament are the mother and life of all laws whereas the King saith, he liketh not our stiling our liberties our ancient inheritance, yet he will maintain and give us leave to enjoy the same;' indeed, striketh at the root of all our privileges. Consuetudo Regni,' is the law of this kingdom. He would have us stand upon the defence of our privileges in this point." † 6 The matter was referred to a committee, who agreed to a Protestation, "That the liberties, franchises, privileges, and jurisdictions a "Protest- of parliament, are the ancient and undoubted birth-right and inheritance of the subjects of England; and that the arduous and urgent affairs concerning the King, state, and the defence of the realm, and of the Church of England, and the making and maintenance of laws, and redress of mischiefs and grievances which daily happen within this realm, are proper subjects and matter of counsel and debate in parliament; and that in the handling and proceeding of those businesses, every member of the House hath, and of right ought to have, freedom of speech to propound, treat, reason, and bring to conclusion the same; that the Commons in parliament have like liberty and freedom to treat of those matters in such order as in their judgments shall seem fittest, and that † 1 Parl. Hist. 1349. * Vol. i. p. 1355. IX. every such member of the said House hath like freedom from all CHAP. impeachment, imprisonment, and molestation (other than by censure of the House itself) for or concerning any speaking, reasoning, or declaring of any matter or matters touching the parliament or parliament business."* A.D. 1621. This Protestation, drawn by Sir Edward Coke, was, on his recommendation, adopted by the House, and entered in Dec. 18. the Journals. But when the King heard of it he was frantic. He immediately prorogued the Parliament, ordered the Journals Dec. 21. to be brought to him at Whitehall. Then, having summoned a meeting of the Privy Council, and ordered the Judges to attend, he in their presence" did declare the said Protesta- Dec. 30. tion to be invalid and of no effect; and did further, manu suâ propriâ, take it out of the Journal Book of the Clerk of the Commons' House of Parliament." Having torn it in pieces, he ordered an entry to be made in the Council Books, stating that, if allowed to remain, " it might have served for tion" from future times to invade most of the rights and prerogatives nals. annexed to the Imperial Crown of this realm."+ The King "Protesta tears the the Jour Parlia This violent proceeding was soon followed by a Proclama- Jan. 6. tion, which, after dwelling on the misdeeds of the House of 1622. Commons, particularly the PROTESTATION,—"an usurp- ment disation which the majesty of a King can by no means endure," -concluded by dissolving the Parliament. ‡ Ibid. 1370. It was very severe on Coke and his associates as "ill-tempered spirits," and accused them of "sowing tares with the wheat." " solved. CHAPTER X. CONCLUSION OF THE LIFE OF SIR EDWARD COKE. CHAP. Dec. 27. 1621. Coke com mitted to the Tower. FROM the middle of the sixteenth to the middle of the eighteenth century, there were few public men of much note who, in the course of their lives, had not been sent as prisoners to the Tower of London. This distinction was now acquired by Sir Edward Coke. He was committed along with Selden, Prynne, and other leaders of the opposition. At the same time, orders were given for sealing up the locks and doors of his house in Holborn and of his chambers in the Temple, and for seizing his papers.* A general pardon being about to be published, according to usage on the dissolution of parliament, the Council deliberated for some time respecting the mode by which he should be deprived of the benefit of it. The first expedient was to exclude him by name; and then the proposal was adopted of preferring an indictment against him, so that he might come within the exception of such as were under prosecution. The ex-Chief Justice being carried to the Tower, and lodged in a low room which had once been a kitchen, he found written on the door of it by a wag "This room has long wanted a Cook; "† and he was soon after complimented in the following distich, "Jus condere cocus potuit, sed condere jura Instead of being prosecuted for his speeches in the House of Commons, the true ground of his imprisonment, he was examined before the Privy Council on a stale and ground The "Instructions to the Gentlemen that are to search Sir Edward Coke's papers," are still extant. There is an injunction "to take some of his servants or friends in their company, who shall be witnesses that they meddle with nothing that concerns his land or private estate."-Cotton MS., Titus B. vii, 204 † D'Israeli's James I., p. 125. |