History of the English People, Volume V: Puritan England, 1603-1660Green, John Richard
History
History of the English People, Volume V: Puritan England, 1603-1660
Green, John Richard
Great Britain -- History
Robartes, of Cornwall, a man who had
risen to great wealth through the Cornish mines, complained that he had
been forced to take a baronage, for which he had to pay ten thousand
pounds to a favourite's use.
[Sidenote: The dismissal of Coke.]
That this profuse creation of peers was more than the result of passing
embarrassment was shown by its continuance under James's successors.
Charles the First bestowed no less than fifty-six peerages; Charles the
Second forty-eight. But in its immediate application it was no doubt
little more than one of those financial shifts by which the king put off
from day to day the necessity of again facing the one body which could
permanently arrest his effort after despotic rule. There still however
remained a body whose tradition was strong enough, if not to arrest, at
any rate to check it. The lawyers had been subservient beyond all other
classes to the Crown. Their narrow pedantry bent slavishly then, as now,
before isolated precedents, while then, as now, their ignorance of
general history hindered them from realizing the conditions under which
these precedents had been framed, and to which they owed their very
varying value. It was thus that the judges had been brought to support
James in his case of the Post-Nati or in the levy of impositions. But
beyond precedents even the judges refused to go. They had done their
best in a case that came before them to restrict the jurisdiction of the
ecclesiastical courts within legal and definite bounds, and their effort
at once brought down on them the wrath of the king. All that affected
the spiritual jurisdiction affected, he said, his prerogative; and
whenever any case which affected his prerogative came before a court of
justice he asserted that the king possessed an inherent right to be
consulted as to the decision upon it. The judges timidly, though firmly,
repudiated such a right as unknown to the law. To a king whose notions
of law and of courts of law were drawn from those of Scotland, where
justice had for centuries been a ready weapon in the royal hand, such a
protest was utterly unintelligible. James sent for them to the royal
closet. He rated them like schoolboys till they fell on their knees and
with a single exception pledged themselves to obey his will. The one
exception was the Chief Justice, Sir Edward Coke, a narrow-minded and
bitter-tempered man, but of the highest eminence as a lawyer, and with a
reverence for the law that overrode every other instinct. He had for
some time been forced to evade the king's questions and "closetings" on
judicial cases by timely withdrawal from the royal presence. But now
that he was driven to answer, he answered well. When any case came
before him, he said he would act as it became a judge to act. Coke was
at once dismissed from the Council, and a provision which made the
judicial office tenable at the king's pleasure, but which had long
fallen into disuse, was revived to humble the common law in the person
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