The greatest of the English jurists and judges was Sir Edward Coke. His
legal genius was superb and his judicial labors prodigious. During the
greater part of his professional career he slept only six hours, "and
from three in the morning till nine at night he read or took notes of
the cases tried in Westminster Hall with as little interruption as
possible." He was great not only as a judge, but as an advocate as well.
The consummate skill with which he argued the intricate cases of Lord
Cromwell and Edward Shelley, brought him a practice never before equaled
in England, and made him renowned as the greatest lawyer of the times.
His erudition was profound, his powers of advocacy brilliant, his
personal and judicial courage was magnificent. He not only repeatedly
defied and ridiculed his colleagues on the bench, but more than once
excited the wrath and braved the anger of the king. He fearlessly
planted himself upon the ancient and inalienable rights of Englishmen;
and, time and time again, interposed his robe at office between the
privileges of the Commons and the aggressions of the Crown. He boldly
declared that a royal proclamation could not make that an offense which
was not an offense before. His unswerving independence was well
illustrated in a case brought before him in 1616. The question at issue
was the validity of a grant made by the king to the Bishop of Lichfield
of a benefice to be held _in commendam_. King James, through his
attorney-general, Bacon, commanded the chief justice to delay judgment
till he himself had discussed the question with the judges. Bacon, at
Coke's request, sent a letter containing the same command to each of the
judges. Coke then obtained their signatures to a paper declaring that
the instructions of the attorney-general were illegal, and that they
were bound to proceed with the case. The king became very angry,
summoned the judges before him in the council chamber, declared to them
his kingly prerogative, and forbade them to discuss his royal privileges
in ordinary arguments before their tribunal. Coke's colleagues fell upon
their knees, cowed and terrified, before the royal bigot and despot, and
begged his pardon for having expressed an opinion that had excited his
displeasure. But Coke refused to yield, and, when asked if, in the
future, he would delay a case at the king's order, he bravely replied
that on all occasions and under any emergency, he would do nothing
unworthy of himself or his office as an English citizen and judge. And
rather than prostitute the high prerogatives of his court, he
indignantly and contemptuously hurled his judicial mantle into the face
of the Stuart king. How much grander and nobler was the conduct of Coke,
the Englishman, than that of Pilate, the cowardly, pusillanimous Roman!
Both were judges, both stood in the shadow of the majesty and menace of
a throne, both were threatened with royal wrath, both held high judicial
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