Three judges of the Court of King’s Bench were tractable. But Coke was made of different stuff. Pedant, bigot, and brute as he was, he had qualities which bore a strong, though a very disagreeable resemblance to some of the highest virtues which a public man can possess. He was an exception to a maxim which we believe to be generally true, that those who trample on the helpless are disposed to cringe to the powerful. {390}He behaved with gross rudeness to his juniors at the bar, and with execrable cruelty to prisoners on trial for their lives. But he stood up manfully against the King and the King’s favourites. No man of that age appeared to so little advantage when he was opposed to an inferior, and was in the wrong. But, on the other hand, it is but fair to admit that no man of that age made so creditable a figure when he was opposed to a superior, and happened to be in the right. On such occasions, his half-suppressed insolence and his impracticable obstinacy had a respectable and interesting appearance, when compared with the abject servility of the bar and of the bench. On the present occasion he was stubborn and surly. He declared that it was a new and a highly improper practice in the judges to confer with a law-officer of the crown about capital cases which they were afterwards to try; and for some time he resolutely kept aloof. But Bacon was equally artful and persevering. “I am not wholly out of hope,” said he in a letter to the King, “that my Lord Coke himself, when I have in some dark manner put him in doubt that he shall be left alone, will not be singular.” After some time Bacon’s dexterity was successful; and Coke, sullenly and reluctantly, followed the example of his brethren. But in order to convict Peacham it was necessary to find facts as well as law. Accordingly, this wretched old man was put to the rack, and, while undergoing the horrible infliction, was examined by Bacon, but in vain. No confession could be wrung out of him; and Bacon wrote to the King, complaining that Peacham had a dumb devil. At length the trial came on. A conviction was obtained; but the charges were so obviously futile, that the government could not, for very shame, carry the sentence into execution; and {391}Peacham was suffered to languish away the short remainder of his life in a prison.