The life and times of George Villiers, duke of Buckingham, Volume 1 (of 3): From original and authentic sourcesThomson, A. T., Mrs.
History
The life and times of George Villiers, duke of Buckingham, Volume 1 (of 3): From original and authentic sources
Thomson, A. T., Mrs.
Buckingham, George Villiers, Duke of, 1592-1628
“The Court of Chancery,” says the author of the Life of Sir Edward
Coke (published for the Society for the Diffusion of Useful
Knowledge), “had long exercised a jurisdiction, which had formed one
of the articles against Wolsey, of revising and correcting judgments
which had been obtained in the courts of common law.” It was not until
the reign of James, that this privilege had been called into question.
Sir Edward Coke, who was tenacious of the authority of the Common Law
Courts, and the twelve judges, gave it as their opinion, that Chancery
had no such power; and that an appeal from a judgment at law could not
be made except to Parliament. To this decision proceedings were
instituted against the judges in the Star Chamber. The conduct of the
judges and of the chief-justice in this matter, has been generally
condemned.
Whatever view the public may have taken of these transactions, they
formed the first plea for that ruin of Coke to which Buckingham is said
to have given an impetus, by the intrusion of his own interests upon the
royal ear,[175] at this crisis of Coke’s destiny. The King, summoning
the Lord Chief Justice and the twelve judges to the council at
Whitehall, delivered his opinions concerning their conduct in an
harangue, in which he declared “that ever since his coming to the crown,
the popular sort of lawyers had been the men that most effrontedly had
trodden upon his prerogative;”[176] and, having expatiated upon their
offences with his usual pedantry and prolixity, he dismissed them,
declaring “that in his protection of them, and expediting of justice, he
would walk in the steps of the ancient and best of kings.” The firmness
with which Coke conducted himself during the whole of this affair,
whilst it won him a popularity which he would never otherwise have
acquired, prepared the way for those who, from interested motives,
sought his ruin, and, combined with his zeal and acuteness in the trial
of Lord and Lady Somerset—an acuteness which the King, it is rumoured,
had secret reasons to dread—completely undermined his credit at court.
Footnote 175:
See an able Life of Sir Edward Coke, published by the Society for the
Diffusion of Knowledge, p. 8. Also, Lord Campbell’s Lives of the Chief
Justices, Art. Coke, vol. i., p. 287.
Footnote 176:
Ibid.
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