The Gallery of Portraits: with Memoirs. Volume 7 (of 7)Malkin, Arthur Thomas
History
The Gallery of Portraits: with Memoirs. Volume 7 (of 7)
Malkin, Arthur Thomas
Biography
The court now despaired of bending the stubborn integrity of the Chief
Justice, and determined at all events to displace him. Accordingly, as a
preliminary to his removal, he was summoned before the Council and
charged with several frivolous accusations, some of them founded upon
alleged malversations while he was Attorney General, to all of which he
returned distinct answers. Soon afterwards, being again summoned to
appear before the Council, he was reprimanded, sequestered from the
Council-table during the King’s pleasure, enjoined not to ride the
summer circuit as Judge of Assize, and ordered to employ his leisure in
revising certain “extravagant and exorbitant opinions” set down, as was
pretended, in his Book of Reports. He received his writ of discharge
from the office of Chief Justice, in November, 1616; and was succeeded
by Sir Henry Montague, who was expressly warned by the Lord Chancellor
Egerton “to avoid the faults of his predecessor, who had been removed
for his excessive popularity.” The discharge of a judge of unrivalled
learning and incorruptible integrity for the exercise of the very
qualities which rendered him an honour and an ornament to his station,
forms a part of the long catalogue of weak and wicked actions which
disgraced the reign of James I., and directed the course of events to
that catastrophe by which the fate of the Stuart family was decided.
From causes, not very distinctly explained in the letters and histories
of the day, but which are supposed to have been connected with an
intrigue for the marriage of his daughter to Sir John Villiers,
afterwards Viscount Purbeck, and brother to the celebrated Duke of
Buckingham, Sir Edward Coke, though he never afterwards filled any
judicial situation, was, at no long interval, restored to a certain
degree of royal favour; and in September, 1617, he was reinstated as a
member of the Privy Council. In the course of the next three years he
was employed in several commissions of a public nature; and in the
Parliament which assembled in 1620 he was returned as a Member for the
Borough of Liskeard in Cornwall. In this Parliament he distinguished
himself as one of the most able and zealous advocates of the liberal
measures which were proposed; he declared himself a strenuous opponent
of the pernicious monopolies by which at that period the freedom of
trade was fettered, and took an animated part in that struggle between
the prerogative pretensions of James and the freedom of debate, which
ended in the celebrated resolution of the Commons, “That the liberties,
franchises, privileges, and jurisdictions of Parliament are the ancient
and undoubted birth-right and inheritance of the subjects of England.”
The consequence was, that he was arrested on one of those vague and
senseless charges which prevailed in those evil days, and committed to
the Tower, in December, 1621, where he remained a close prisoner until
the month of August in the ensuing year. On this occasion, he was a
Public-domain text, read in full here on John Shaqi.
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