and his Confederates, &c. 4to. 1606. Cecil, earl of Salisbury, obferved in his fpeech upon the latter trial, "that the evidence had been so well distributed and opened by the attorney-general, that he had never heard fuch a mass of matter better contracted, nor made more intelligible to the jury." This appears to have been really true; so true, that many to this day efteem this laft fpeech, efpecially, his mafter-piece.

It was probably in reward for this fervice, that he was appointed lord chief-justice of the common pleas; as he was the fame year. The motto he gave upon his rings, when he was called to the degree of ferjeant, in order to qualify him for this promotion, was, "Lex eft tutiffima caffis;" that is, "The law is the fafeft helmet. Oct. 25, 1613, he was made lord chief juftice of the king's bench; and in Nov. was fworn one of his majefty's privy council. In 1615, the king deliberating upon the choice of a lord chancellor, when that poft fhould become vacant by the death or refignation of Egerton lord Ellesmere, Sir Francis Bacon wrote to his majesty a letter upon that fubject, wherein he has the following paffage, relating to the lord chief justice: " If you take my Lord Coke, this will follow, Firft, your majefty fhall put an over-ruling nature into an over-ruling place, which may breed an extreme. Next, you shall blunt his industries in matter of finances, which feemeth to aim at another place. And laftly, popular men are no fure mounters for your majefty's faddle." The difputes and animofities between these two great men are well known. They feem, as a certain writer obferves, to have been perfonal; and they lafted to the end of their lives.

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Sir Thomas Overbury's murder in the Tower now broke out, at the distance of two years after; for Overbury died, Sept. 16, 1613, and the judicial proceedings against his murderers did not commence till Sept. 1615. In this affair Sir Edward acted with great vigour, and, as fome think, in a manner highly to be commended; yet his enemies, who were numerous, and had formed defign to humble his pride and infolence, took occafion from certain circumstances to reprefent him in a bad light both to the king and people. Many circumftances concurred at this time to haften his fall. He was led to oppose the king in a difpute relating to his power of granting commendams; and James did not like to have his prerogative difputed, even in cafes where it might well be questioned. He had a conteft with the lord chancellor Egerton; in which it is univerfally allowed, that he was much to be blamed. Sir Edward, as a certain hiftorian informs us, had heard and determined a cafe at common law; after which it was reported that there had been juggling. The defendant, it seems, had prevailed with the plaintiff's principal witnefs not to attend, or to give any evidence in the caufe, provided he could be excufed. One of the defendants agents undertook to excufe him; and carrying the man to a tavern, called for a gallon of fack in a veffel, and bid hin drink. As foon as he E 2

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had laid his lips to the flaggon, the defendant's agent quitted the room. When this witnefs was called, the court was informed, that he was unable to come; to prove which, this agent was produced, who depofed," that he left him in fuch a condition, that if he continued in it but a quarter of an hour, he was a dead man." For want of this perfon's teftimony the caufe was loft, and a verdict given for the defendant. The plaintiffs finding themselves injured, carried the bufinefs into chancery for relief: but the defendants, having had judgment at common law, refused to obey the orders of that court. Upon this, the lord chancellor commits them to prifon for contempt of the court: they petition against him in the ftar-chamber; the lord chief juftice Coke joins with them, foments the difference, and threatens the lord chancellor with a præmunire. The chancellor makes the king acquainted with the business, who after confulting Sir Francis Bacon, then his attorney, and fome other lawyers upon the affair, juftified the lord chancellor, and gave a proper rebuke to Coke.

Though his difgrace be varioufly accounted for, be the causes what they may, he was brought upon his knees before the council at Whitehall, June 1616; and offences were charged upon him by Yelverton, the folicitor-general.

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He was foon after prefented at the council table upon his knees, when fecretary Winwood informed him, that report had been made to his majefty of what had paffed there before, together with the anfwer that he had given, and that too in the most favourable manner; that his majefty was no ways fatisfied with refpect to any of the heads; but that notwithstanding, as well out of his own clemency, as in regard to the former fervices of his lordship, the king was pleafed not to deal heavily with him and therefore had de ́creed, 1. That he be fequeftered from the council-table, until his majefty's pleasure be further known. 2. That he forbear to ride his fummer circuit as juftice of affize. 3. That during this vaca tion, while he had time to live privately and difpofe himself at home, he take into his confideration and review, his books of reports; wherein, as his majefty is informed, be many extravagant and exorbitant opinions fet down and published for positive and good law and if in reviewing and reading thereof, he find any thing fit to be altered or amended, the correction is left to his difcretion. Among other things, the king was not well pleased with the title of thofe books, wherein he ftyled himself "lord chief juftice of England;" whereas he could challenge no more, but lord chief justice of the King's-bench. And having corrected what in his difcretion he found meet in thefe reports, his majesty's pleasure was, he fhould bring the fame privately to himself, that he might confider thereof, as in his princely judgment fhould be found expedient. Hercunto Mr. Secretary advised him to conform himself in

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all duty and obedience, as he ought; whereby he might hope that his majefty in time would receive him again to his gracious and princely favour. To this the lord chief justice made answer, that he did in all humility proftrate himself to his majefty's good pleafure; that he acknowledged that decree to be juft, and proceeded rather from his majesty's exceeding mercy than his juftice; gave humble thanks to their lordships for their goodnefs towards him; and hoped that his behaviour for the future would be fuch, as would deferve their lordships favours. From which answer of Sir Edward's we may learn, that he was, as fuch men always are, as dejected and fawning in adverfity, as he was infolent and overbearing in profperity; the fame meannefs and poornefs of spirit influencing his behaviour in both conditions.

In October he was called before the chancellor, and forbid Westminster Hall; and alfo ordered to answer feveral exceptions against his reports. In November, the king removed him from the office of lord chief juftice. Upon his difgrace, Sir Francis Bacon wrote him an admonitory letter, in which he remonftrates to him several errors in his former behaviour and conduct.

Low as Sir Edward was fallen, he was afterwards restored to credit and favour; the first step to which was, his propofing a match between the earl of Buckingham's elder brother, Sir John Villiers, and his younger daughter by the lady Hatton: for he knew no other way of gaining that favourite. This however occafioned a prodigious difpute and quarrel between Sir Edward and his wife: who, refenting her husband's attempt to difpofe of her daughter without afking her leave, carried away the young lady, and lodged her at Sir Edmund Withipole's house near Oatlands. Upon this, Sir Edward wrote immediately to the earl of Buckingham, to procure a warrant from the privy council to restore his daughter to him; but before he received an anfwer, difcovering where the was, he went with his fons, and took her by force, which occafioned lady Hatton to complain in her turn to the privy-council. Much confufion followed; and this private match became at length an affair of ftate. The differences were at length made up, in appearance at least, Sept. 1617; Sir Edward was reftored to favour, and reinftated in his place as privy counsellor; and Sir J. Villiers was married to Mrs. Frances Coke at Hampton Court, with all the fplendor imaginable. This wedding however coft Sir Edward dear. For befides 10,000l. paid in money at two payments, he and his fon Sir Robert did, purfuant to articles and directions of the lords of the council, affure to Sir John Villiers a rent charge of 2000 marks per annum, during Sir Edward's life and of 900l. a year during the lady Hatton's life, if the furvived her husband; and after both their deaths, the manor of Stoke in Buckinghamshire of the value of gool. per annum, to Sir John Villiers and his lady, and to the heirs of her body.

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All this time the quarrel fubfifted between him and his wife and many letters are still extant, which fhew a great deal of heat and refentment in both parties. At the time of the marriage, lady Hatton was confined at the complaint of her husband: for, fince her marriage, she had purchased the island and castle of Purbeck, and feveral other eftates in different counties; which made her greatly independent of her husband. However, their reconciliation was afterwards effected, but not till July 1621, and then by no lefs a mediator than the king.

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A parliament was fummoned, and met Jan. 1620-1; and in Feb. there was a great debate in the House of Commons upon feveral points of importance, fuch as liberty of fpeech, the increafe of popery, and other grievances. Sir Edward Coke was a member, and his age, experience, and dignity, gave him great weight there: but it very foon appeared, that he refolved to act a different part from what the court, and more especially the great favourite Buckingham, expected. He spoke very warmly; and alfo took occafion to fhew, that proclamations against the tenor of acts of parliament were void: for which he is highly commended by Camden. houfes being adjourned by the king's command in June, met again in November; and fell into great heats about the commitment of Sir Edwin Sands, foon after their adjournment, which had fuch unfortunate confequences, that the commons protested, Dec. 18, against the invasion of their privileges. The king prorogued the parliament upon the 21ft; and on the 27th, Sir Edward Coke was committed to the Tower, his chambers in the Temple broke open, and his papers delivered to Sir Robert Cotton and Mr. Wilson to examine. Jan. 6, 1621-2, the parliament was diffolved: and the fame day Sir Edward was charged before the council with having concealed fome true examinations in the great caufe of the earl of Somerfet, and obtruding falfe ones; nevertheless, he was foon after released, but not without receiving high marks of the king's refentment: for he was a fecond time turned out of the privy council, the king giving him this character, that " he was the fittest inftrument for a tyrant, that ever was in England." And yet, fays Wilson, in the house he called the king's prerogative an overgrown monster. Towards the clofe of 1623, he was nominated with feveral others, to whom large powers were given, to go over to Ireland; which nomination, though accompanied with high expreffions of kindness and confidence, was made with no other view, but to get him out of the way, for fear he should be troublefome: but he did not go. He remained firm in his opinions, nor does it appear that he ever fought to be reconciled to the court; fo that he was abfolutely out of favour at the death of king James.

In the beginning of the next reign, when it was found neceffary to call a fecond parliament, he was pricked for fheriff of Bucks in 1625, to prevent his being chofen. He laboured all he could to

avoid it, but in vain; fo that he was obliged to ferve the office, and to attend the judges at the affizes, where he had often prefided as lord chief juftice. This did not hinder his being elected knight of the fhire for Bucks, in the parliament of 1628, in which he diftinguifhed himself more than any man in the House of Commons, Spoke warmly for the redrefs of grievances, argued boldly in defence' of the liberty of the fubject, and ftrenuously fupported the privilege of the Houfe.

After the diffolution of this parliament, which happened the March following, he retired to his houfe at Stoke Pogeys, in Buckinghamshire, where he spent the remainder of his days; and there, Sept. 3, 1634, breathed his last in his 86th year, expiring with these words in his mouth, as his monument informs us: "Thy kingdom" come, thy will be done.'

While he lay upon his death-bed, Sir Francis Windebank, by an' order of council, came to search for feditious and dangerous papers; by virtue whereof he took his "Commentary upon Littleton," and the "Hiftory of his Life" before it, written with his own hand, his "Commentary upon Magna Charta, &c." the " Pleas of the Crown,' and the Jurifdiction of Courts," his eleventh and twelfth "Reports" in MS. and fifty-one other MSS: with the laft will of Sir Edward, wherein he had been making provifion for his younger grand-children. The books and papers were kept till feven years after, when one of his fons, in 1641, moved the Houfe of Commons, that the books and papers taken by Sir Francis Windebank might be delivered to Sir Robert Coke, heir of Sir Edward, which the king was pleafed to grant. Such of them as could be found were accordingly delivered up, but the will was never heard of more.

Sir Edward Coke was in his perfon well proportioned, and his features regular. He was neat, but not nice, in his drefs; and is reported to have faid," that the cleannefs of a man's cloaths ought to pat him in mind of keeping all clean within." He had great quicknefs of parts, deep penetration, a faithful memory, and a folid judg ment. He was wont to fay, that "matter lay in a little room;' and in his pleadings he was concife, though in fet fpeeches, and in his writings, too diffufe. As he derived his fortune, his credit, and his greatnefs, from the law, fo he loved it to a degree of intemperance. He committed every thing to writing with an industry beyond example, and publifhed a great deal. He met with many changes of fortune; was fometimes in power, and fometimes in difgrace. He was however fo excellent at making the best of adifgrace, that king James ufed to compare him to a cat, who always fell upon her legs. He was upon occafion a friend to the church and clergy; and thus, when he had loft his public employments, and a great peer was inclined to question the rights of the church of Norwich, he hindered it, by telling him plainly, that "if he proceeded, he would put on his cap and gown again, and follow the caufe

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