The Curious Case of Lady Purbeck - A Scandal of the XVIIth Century by Thomas Longueville
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page 17 of 132 (12%)
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required amendment. A reply was drawn up by Coke, in which he said:
"The King, by his proclamation or otherwise, cannot change any part of the common law, or statute law, or the customs of the realm." This still further aggravated James. Meanwhile Bacon, now Attorney-General, was high in the King's favour, and he was constantly manoeuvring in order to bring about the downfall of his rival. He persuaded James to remove Coke from the Common Pleas to the King's Bench--a promotion, it is true, but to a far less lucrative post. This greatly annoyed Coke, who, on meeting Bacon, said: "Mr. Attorney, this is all your doing." For a time Coke counteracted his fall in James's favour by giving £2,000 to a "Benevolence," which the King had asked for the pressing necessities of the Crown, a benevolence to which the other judges contributed only very small sums. This fair weather, however, was not to be of long duration. In 1616 Coke again offended the King. Bacon had declared his opinion that the King could prohibit the hearing of any case in which his prerogative was concerned. In the course of a trial which shortly afterwards took place, Bacon wrote to the judges that it was "his Majesty's express pleasure that the farther argument of the said cause be put off till his Majesty's farther pleasure be known upon consulting him." In a reply, drawn up by Coke and signed by the other judges, the King was told that "we have advisedly considered of the said letter of Mr. Attorney, and with one consent do hold the same to be contrary to law, and such as we could not yield to by our oaths." James was furious. He summoned the judges to Whitehall and gave them a tremendous scolding. They fell on their knees and all were submissive |
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