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SIR EDWARD COKE (1552-1634)

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Originally appearing in Volume V06, Page 655 of the 1911 Encyclopedia Britannica.
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SIR See also:EDWARD See also:COKE (1552-1634)  , See also:English lawyer, was See also:born at Mileham, in See also:Norfolk, on the 1st of See also:February 1552 . From the See also:grammar school of See also:Norwich he passed to Trinity See also:College, See also:Cam-See also:bridge; and in 1572 he entered See also:Lincoln's See also:Inn . In 1578 he was called to the See also:bar, and in the next See also:year he was chosen reader at See also:Lyon's Inn . His extensive and exact legal erudition, and the skill with which he argued the intricate See also:libel See also:case of See also:Lord See also:Cromwell (4 See also:Rep . 13), and the celebrated real See also:property case of See also:Shelley (1 Rep . 94, 104), soon brought him a practice never before equalled, and caused him to be universally recognized as thegreatest lawyer of his See also:day . In 1586 he was made See also:recorder of Norwich, and in 1592 recorder of See also:London, See also:solicitor-See also:general, and reader in the Inner See also:Temple . In 1593 he was returned as member of See also:parliament for his native See also:county, and also chosen See also:speaker of the See also:House of See also:Commons . In 1594 he was promoted to the See also:office of See also:attorney-general, despite the claims of See also:Bacon, who was warmly supported by the See also:earl of See also:Essex . As See also:crown lawyer his treatment of the accused was marked by more than the harshness and violence See also:common in his See also:time; and the fame of the victim has caused his behaviour in the trial of See also:Raleigh to be lastingly remembered against him . While the prisoner defended himself with the calmest dignity and self-See also:possession, See also:Coke burst into the bitterest invective, brutally addressing the See also:great courtier as if he had been a servant, in the phrase, See also:long remembered for its insolence and its utter injustice—" See also:Thou hast an English See also:face, but a See also:Spanish See also:heart!" In 1582 Coke married the daughter of See also:John Paston, a See also:gentle-See also:man of See also:Suffolk, receiving with her a See also:fortune of £30,000; but in six months he was See also:left a widower . Shortly after he sought the See also:hand of See also:Lady See also:Elizabeth See also:Hatton, daughter of See also:Thomas, second Lord See also:Burghley, and granddaughter of _the great See also:Cecil .

Bacon was again his See also:

rival, and again unsuccessfully; the wealthy See also:young widow became—not, it is said, to his future comfort—Coke's second wife, In 16o6 Coke was made See also:chief See also:justice of the common pleas, but in 1613 he was removed to the office of chief justice of the See also:king's See also:bench, which gave him less opportunity of interfering with the See also:court . The See also:change, though it brought promotion in dignity, caused a diminution of income as well as of See also:power; but Coke received some See also:compensation in being appointed a member of the privy See also:council . The See also:independence of his conduct as a See also:judge, though not unmixed with the baser elements of See also:prejudice and vulgar love of authority, has partly earned forgiveness for the harshness which was so prominent in his sturdy See also:character . Full of an extreme reverence for the common See also:law which he knew so well, he defended it alike against the court of See also:chancery, the ecclesiastical courts, and the royal See also:prerogative . In a narrow spirit, and strongly influenced, no doubt, by his enmity to the See also:chancellor, Thomas See also:Egerton (Lord See also:Brackley), he sought to prevent the interference of the court of chancery with even the unjust decisions of the other courts . In the case of an See also:appeal from a See also:sentence given in the king's bench, he advised the victorious, but guilty, party to bring an See also:action of See also:praemunire against all those who had been concerned in the appeal, and his authority was stretched to the utmost to obtain the See also:verdict he desired . On the other hand, Coke has the See also:credit of having repeatedly braved the anger of the king . He freely gave his See also:opinion that the royal See also:proclamation cannot make that an offence which was not an offence before . An equally famous but less satisfactory instance occurred during the trial of See also:Edmund See also:Peacham, a divine in whose study a See also:sermon had been found containing libellous accusations against the king and the See also:government . There was nothing to give See also:colour to the See also:charge of high See also:treason with which he was charged, and the sermon had never been preached or published; yet Peacham was put to the See also:torture, and Bacon was ordered to confer with the See also:judges individually concerning the See also:matter . Coke declared such See also:conference to be illegal, and refused to give an opinion, except in See also:writing, and even then he seems to have said nothing decided . But the most remarkable case of all occurred in the next year (1616) .

A trial was held before Coke in which one of the counsel denied the validity of a See also:

grant made by the king to the See also:bishop of See also:Lichfield of a See also:benefice to be held in commendam . See also:James, through Bacon, who was then attorney-general, commanded the chief justice to delay See also:judgment till he himself should discuss the question with the judges . At Coke's See also:request Bacon sent a See also:letter containing the same command to each of the judges, and Coke then obtained their signatures to a See also:paper declaring that the attorney-general's instructions were illegal, and that they were See also:bound to proceed with the case . His See also:Majesty expressed his displeasure, and summoned them before him in the council-chamber, where he insisted on his supreme prerogative, which, he said, ought not to be discussed in See also:ordinary See also:argument . Upon this all the judges See also:fell on their knees, seeking See also:pardon for the See also:form of their letter; but Coke ventured to declare his continued belief in the See also:loyalty of its substance, and•when asked if he would in the future delay a case at the king's See also:order, the only reply he would vouchsafe was that he would do what became him as a judge . Soon after he was dismissed from all his offices on the following charges,—the concealment, as attorney-general, of a See also:bond belonging to the king, a charge which could not be proved, illegal interference with the court of chancery and disrespect to the king in the case of commendams . He was also ordered by the council to revise his See also:book of reports, which was said to contain many extravagant opinions (See also:June 1616) . Coke did not suffer these losses with See also:patience . He offered his daughter Frances, then little more than a See also:child, in See also:marriage to See also:Sir John See also:Villiers, See also:brother of the favourite See also:Buckingham . Her See also:mother, supported at first by her See also:husband's great rival and her own former suitor, Bacon, objected to the match, and placed her in concealment . But Coke discovered her hiding-See also:place; and she was forced to wed the man whom she declared that of all others she abhorred . The result was the See also:desertion of the husband and the fall of the wife .

It is said, however, that after his daughter's public See also:

penance in the See also:Savoy See also:church, Coke had heart enough to receive her back to the See also:home which he had forced her to leave . Almost all that he gained by his heartless See also:diplomacy was a seat in the council and in the See also:star-chamber . In 162o a new and more See also:honourable career opened for him . He was elected member of parliament for See also:Liskeard; and hence-forth he was one of the most prominent of the constitutional party . It was he who proposed a remonstrance against the growth of popery and the marriage of See also:Prince See also:Charles to the infanta of See also:Spain, and who led the Commons in the decisive step of entering on the See also:journal of the House the famous See also:petition of the 18th of See also:December 1621, insisting on the freedom of See also:parliamentary discussion, and the See also:liberty of speech of every individual member . In consequence, together with See also:Pym and Sir See also:Robert See also:Philips, he was thrown into confinement; and, when in the See also:August of the next year he was released, he was commanded to remain in his house at Stoke Poges during his Majesty's See also:pleasure . Of the first and second parliaments of Charles I . Coke was again a member . From the second he was excluded by being appointed See also:sheriff of See also:Buckinghamshire . In 1628 he was at once returned for both Buckinghamshire and Suffolk, and he took his seat for the former county . After rendering other valuable support to the popular cause, he took a most important See also:part in See also:drawing up the great Petition of Right . The last See also:act of his public career was to bewail with tears the ruin which he declared the See also:duke of Buckingham was bringing upon the See also:country .

At the See also:

close of the session he retired into private See also:life; and the six years that remained to him were spent in revising and improving the See also:works upon which, at least as much as upon his public career, his fame now rests . He died at Stoke Poges on the 3rd of See also:September 1634 . Coke published Institutes (1628), of which the first is also known as Coke upon See also:Littleton; Reports (1600-1615), in thirteen parts; A See also:Treatise of See also:Bail and Mainprize (1635); The See also:Complete Copyholder (1630); A See also:Reading on Fines and Recoveries (1684) . See See also:Johnson, Life of Sir See also:Edward Coke (1837); H . W . Woolrych, The Life of Sir Edward Coke (1826); See also:Foss, Lives of the Judges; See also:Campbell, Lives of the Chief Justices; also ENGLISH LAW .

End of Article: SIR EDWARD COKE (1552-1634)
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