As the advocate of the crown on trials for State offences, he displayed

a degree of intemperance and asperity shocking to the feelings of

readers, who are familiar only with the more civilized character of

criminal proceedings at the present day. His vulgar vituperation of

Raleigh, and his more measured sarcasm towards Essex, were extremely

offensive even to his contemporaries, and were remembered against him

with malicious eagerness on his own reverse of fortune. “In your

pleadings,” says Bacon to him on the eve of his discharge from the

office of Lord Chief Justice, “you were wont to insult over misery, and

to inveigh bitterly at the persons; which bred you many enemies, whose

poison yet swelleth, and the effects now appear.”

With the trials of the conspirators in the Gunpowder Plot in 1606, the

career of Sir Edward Coke as an advocate closed. In the month of June in

that year he received his appointment as Chief Justice of the Common

Pleas. He retained this situation upwards of seven years; and, in the

discharge of the common judicial duties at this period, his profound

learning and unwearied industry procured him the highest reputation. At

this time too, though he has sometimes been reproached for a haughty and

unconciliating deportment on the bench, the bitterness of temper which

he had displayed at the bar appears to have been suppressed or softened;

and in several constitutional questions of the highest importance which

occurred while he was Chief Justice of the Common Pleas, and in which he

resolutely opposed the views of the king, especially in the conflicts

between the ecclesiastical jurisdictions and the courts of common law,

and in his resistance to the encroachment of prerogative on the subject

of royal proclamations, he displayed great integrity and independence.

With a view to corrupt his uncompromising disposition, his crafty and

ambitious rival, Sir Francis Bacon, who was then Solicitor General,

suggested his promotion to the Chief Justiceship of the King’s Bench;

and accordingly he received his patent for that office in October, 1613,

and a few days afterwards took his seat at the board as a Privy

Councillor. In the following year he was elected High Steward of the

University of Cambridge.

The project of making the Chief Justice “turn obsequious” by his

advancement, which was no doubt entertained by the court, and was

expressly avowed by Bacon, altogether failed. In the case of Peacham,

who was prosecuted for treason in the year 1615, for having in his

possession a sermon supposed to contain sedition, written by him, but

never preached or published, Lord Coke expressed an opinion, in direct

opposition to the wishes of the court, that the offence was not treason.

His deportment at the trial of Somerset and the murderers of Sir Thomas

Overbury, in the same year, though praised by Bacon in conducting the

case as Attorney General, gave much displeasure to the king; and his

independent conduct in the case of Commendams, which occurred in 1616,

finally determined the court to remove him from his office. The

transaction was this. A serjeant-at-law, in the discharge of his duty as

an advocate in the Court of Common Pleas, was supposed to have used

matter in his argument which tended to abridge, or at least to question,

the royal prerogative; upon this the king required the judges to proceed

no further in the case without his warrant. The twelve judges conferred

upon this message, and resolved that in a common dispute between party

and party, it was their duty to proceed notwithstanding the king’s

mandate. Upon this they were summoned to the council table, and

personally reprimanded by the king; and all of them, excepting the Lord

Chief Justice, acknowledged their error, and craved pardon for their

offence upon their knees. Sir Edward Coke, on the contrary, boldly

justified his opinion, contending that the king’s command for staying

the proceedings was a delay of justice, and consequently against the

law, and contrary to the judges’ oath. After much discussion, the Lords

of the council proposed the following question to the judges:—“Whether

in a case where the king believed his prerogative or interest concerned,

and required the judges to attend him for advice, they ought not to stay

proceedings till his Majesty had consulted them?” All the judges at once

answered in the affirmative, except Coke, who only said “that, when the

case happened, he would do his duty.”

The court now despaired of bending the stubborn integrity of the Chief

Justice, and determined at all events to displace him. Accordingly, as a

preliminary to his removal, he was summoned before the Council and

charged with several frivolous accusations, some of them founded upon

alleged malversations while he was Attorney General, to all of which he

returned distinct answers. Soon afterwards, being again summoned to

appear before the Council, he was reprimanded, sequestered from the

Council-table during the King’s pleasure, enjoined not to ride the

summer circuit as Judge of Assize, and ordered to employ his leisure in

revising certain “extravagant and exorbitant opinions” set down, as was

pretended, in his Book of Reports. He received his writ of discharge

from the office of Chief Justice, in November, 1616; and was succeeded

by Sir Henry Montague, who was expressly warned by the Lord Chancellor

Egerton “to avoid the faults of his predecessor, who had been removed

for his excessive popularity.” The discharge of a judge of unrivalled

learning and incorruptible integrity for the exercise of the very

qualities which rendered him an honour and an ornament to his station,

forms a part of the long catalogue of weak and wicked actions which

disgraced the reign of James I., and directed the course of events to

that catastrophe by which the fate of the Stuart family was decided.

From causes, not very distinctly explained in the letters and histories

of the day, but which are supposed to have been connected with an

intrigue for the marriage of his daughter to Sir John Villiers,

afterwards Viscount Purbeck, and brother to the celebrated Duke of

Buckingham, Sir Edward Coke, though he never afterwards filled any

judicial situation, was, at no long interval, restored to a certain

degree of royal favour; and in September, 1617, he was reinstated as a

member of the Privy Council. In the course of the next three years he

was employed in several commissions of a public nature; and in the

Parliament which assembled in 1620 he was returned as a Member for the

Borough of Liskeard in Cornwall. In this Parliament he distinguished

himself as one of the most able and zealous advocates of the liberal

measures which were proposed; he declared himself a strenuous opponent

of the pernicious monopolies by which at that period the freedom of

trade was fettered, and took an animated part in that struggle between

the prerogative pretensions of James and the freedom of debate, which

ended in the celebrated resolution of the Commons, “That the liberties,

franchises, privileges, and jurisdictions of Parliament are the ancient

and undoubted birth-right and inheritance of the subjects of England.”

The consequence was, that he was arrested on one of those vague and

senseless charges which prevailed in those evil days, and committed to

the Tower, in December, 1621, where he remained a close prisoner until

the month of August in the ensuing year. On this occasion, he was a

second time formally dismissed from the Council-table, and was never

afterwards restored to favour at Court.

In the first Parliament of Charles I., called in April, 1625, Sir E.

Coke was again returned as one of the knights of the shire for the

county of Norfolk, as he says in his note, without any canvassing or

solicitation on his part. At the commencement of this Parliament he

adopted a moderate tone. He dissuaded the House from insisting upon

grievances, and urged conciliatory measures; saying, that “as it was the

very beginning of the new king’s reign, there could be no grievances as

yet.” But this disposition to peace was overcome by the determined

tendency of the crown to arbitrary measures; and the king being unable

to obtain any other answer to his demand of a subsidy, than repeated

remonstrances against grievances, abruptly dissolved the Parliament. He

was compelled, however, by his pecuniary wants, to assemble a new one in

the course of the same year, having previously appointed Sir Edward Coke

and three other popular leaders sheriffs of counties, in order to

prevent their serving as members. Coke was again returned as knight of

the shire for Norfolk; and though he did not take his seat, and

consequently took no part in the proceedings of that Parliament, it was

considered that he was still _de facto_ a member of the House, and for

that reason no new writ was issued to supply his place. On occasion of

the third Parliament summoned by Charles I. in March, 1628, Sir Edward

Coke was returned for two counties, Buckingham and Suffolk. He elected

to serve for the former. In this Parliament, though now in his 79th

year, this extraordinary man asserted and defended the constitutional

rights of the people of England with all the energy of youth, and the

sagacity of age. By his advice, and with his active co-operation and

assistance, which his extensive and varied experience rendered

particularly valuable, the celebrated Petition of Right was framed; and

by his perseverance and reasoning the Lords were, after many

conferences, induced to concur in that measure, which was, at last, and

after many ineffectual attempts at evasion, reluctantly assented to by

the king. One of the last acts of his public life was his spirited

denunciation of the Duke of Buckingham as the cause of all the

misfortunes of the country. As a proof of the earnest feelings by which

he was impressed, Rushworth records that, on this occasion, “Sir Edward

Coke, overcome with passion, seeing the desolation likely to ensue, was

forced to sit down when he began to speak, through the abundance of

tears.” At the close of the Session of Parliament, in March, 1629, the

growing infirmities of age induced him to withdraw from public life, and

he passed the remainder of his days in retirement on his estate at Stoke

Pogis, in Buckinghamshire. Still it appears that his vigorous and active

mind was not without employment; and the last years of his life are said

to have been occupied by the revision of the numerous unpublished works

which he left behind him.

The last entry in his note-book, written with almost as firm a hand as

he wrote at the age of 40, records the following incident, which may

possibly have been the cause of his death:—

“Memorandum. Die Jovis, the iii^{rd} of May, 1632, riding in the morning

in Stoke, between eight and nine of the clocke to take the ayre, my

horse under me had a strange stumble backward, and fell upon me (being

above 80 years old), where my head lighted nere to sharpe stubbes, and

the heavy horse upon me. And yet, by the providence of Almighty God,

though I was in the greatest danger, yet I had not the least hurt,—nay,

no hurt at all. For Almighty God saith by his prophet David, ‘The angel

of the Lord tarieth round about them that feare him, and delivereth

them.’ Et nomen Domini benedictum, for it was his work!”

He died on the 3rd of September, in the following year, repeating with

his last breath the words, “Thy kingdom come, thy will be done.” He was

interred in the burying-place of the Coke family in the church of

Titeshall, in Norfolk.

Lloyd, in his “State Worthies,” gives the following account of Sir

Edward Coke:—“His parts were admirable; he had a deep judgment, faithful

memory, active fancy. And the jewel of his mind was put into a fair

case,—a beautiful body with a comely countenance;—a case, which he did

wipe and keep clean, delighting in good clothes, well worn, and being

wont to say ‘that the outward neatness of our bodies might be a monitor

of purity to our souls.’”

The most celebrated of Sir Edward Coke’s works is the treatise commonly

known by the name of Coke upon Littleton, or the First Institute. It

consists of a minute and laborious Commentary upon the text of

Littleton’s Tenures, in the course of which almost the whole learning of

the common law, as it existed in his time, is embodied and explained.

Ever since the time of Sir Edward Coke to the present day, this book has

been considered as a work of the highest authority in the municipal law

of England. The Second Institute contains Commentaries on several

ancient statutes; the Third Institute is a Treatise on Criminal Law; and

the Fourth Institute relates to the Jurisdiction of different Courts.

Besides these works, Sir Edward Coke was the author of a Treatise on

Copyholds, entitled “The Complete Copyholder,” and of a “Reading on

Fines.” He also published a collection of Reports, which are still of

great value to the profession; and at the time of their appearance

formed an epoch in the history of the law. Sir Francis Bacon speaks of

this produce of the industry and learning of his great rival in terms of

high and deserved commendation; and justly ascribes to the Reports the

praise of having preserved the vessel of the common law in a steady and

consistent course; “For the law,” says he, “by this time had been like a

ship without ballast, for that the cases of modern experience are fled

from those that are adjudged and ruled in former time.”

[Illustration: [Westminster Hall.]]

[Illustration:

_Engraved by W. Holl._

GIBBON.

_From a Print by Ja^s. Hall, after a Picture by Sir Joshua Reynolds._

Under the Superintendence of the Society for the Diffusion of Useful

Knowledge.

_London, Published by Charles Knight & C^o. Ludgate Street._

]

[Illustration]

GIBBON.

The historian of the Decline and Fall of the Roman Empire was born at

Putney in Surrey, in May, 1737. He was the eldest son of Edward Gibbon,

a gentleman of some fortune, and a strong attachment to Tory principles.

His mother’s name was Porten. But in his Memoirs, written at the close

of his life, he betrays no strong sense of gratitude or affection

towards either of his parents; while he acknowledges with abundant

warmth the most important obligations to his aunt, Catharine Porten. To

her lessons he ascribes his “invincible love for reading;” to her care

he attributes the very preservation of his precarious life; and he

designates her, in the calmness of distant reflection, as the true

mother both of his body and his mind.

From a private school he was removed to Westminster; from Westminster to

Magdalen College, Oxford, where he was admitted as a gentleman-commoner,

April 3, 1752. About this time his constitution, hitherto extremely

feeble, acquired a sudden vigour, which never deserted him during the

rest of his life. At Oxford he made absolutely no proficiency in any

branch of knowledge, or any useful accomplishment. “To the University of

Oxford (he says) I acknowledge no obligation; and she will as cheerfully

renounce me for a son, as I am willing to disclaim her for a mother.”

Accordingly he exhausts the severity of his sarcasm, both upon the

system which was there established, and upon the men who administered

it, without honestly inquiring whether he had laboured to extract, even

from an imperfect system, the modicum of advantage which it was capable

of yielding. But his recollections of Oxford were embittered by his

subsequent contest with some of the clergy, and the hostile treatment

which he sustained at their hands; and the principles which he embraced

in after life would have rendered him equally intolerant of any

institution, standing on a religious foundation.

During his residence at Oxford, and at the usually unreflecting age of

sixteen, he was converted to the Roman Catholic faith. He was first

stirred to thought by the “bold criticism” of Middleton. He then

“swallowed” the miracles of the Basils, the Chrysostoms, and other

Fathers of the Church; and Bossuet achieved the conquest by the

‘Exposition of the Catholic Doctrine,’ and the ‘History of the

Variations.’ And then he made his formal recantation before a Jesuit,

named Baker, one of the Chaplains of the Sardinian Ambassador. In his

retrospect upon this the most singular incident in the history of his

mind, Gibbon might indeed profess to be proud of his change of opinion,

as a sacrifice of interest to principle; but he probably conveys his

habitual reflections more faithfully when he says, with his usual

strength: “To my present feelings it seems incredible that I should ever

believe that I believed in transubstantiation.”

He was immediately removed from Oxford, and placed under the care of a

tutor at Lausanne. To a Swiss pastor, named Pavillard, was entrusted the

delicate office of disentangling the mind of Gibbon from the intricacies

of popery, and leading it back again into the pale of the Protestant

Church. He succeeded: by seasonable arguments, and judicious

admonitions, aided perhaps by the influence of a mild and benevolent

character, he prevailed over the hasty caprice of a powerful intellect;

and on Christmas-day, in 1754, Gibbon publicly renounced his adopted

creed, and received the sacrament in the church of Lausanne. There is no

reason to suspect the sincerity of this recantation, or to believe that

he had yet fallen either into scepticism, or indifference.

He remained, in the whole, five years at Lausanne, and by his “serious

character, and soft and quiet manners” he won the respect and affection

of his tutor. During this time he laid the foundation of those studious

habits, which formed the pride and happiness of his later life. Besides

a passionate devotion to French literature and great diligence in

forming a correct style in that language, he read, according to a

regular system, the whole of the Latin Classics; he acquired the

rudiments of Greek; and gained some insight into the principles of

mathematics. But this last pursuit he never afterwards renewed; though

he would lead us to believe that a readiness in calculation was the

talent of his childhood, and that nature had qualified him to succeed in

that branch of application.

He was presented to Voltaire, at that time resident at Geneva, without

being distinguished by any particular mark of his attention. Yet he was

a constant spectator at the poet’s little theatre, when he recited his

own verses, and represented his own characters. It was likewise during

this period that he formed an attachment for Madlle. Curchod, the

daughter of a Swiss pastor, and afterwards the wife of Necker. The

attachment appears to have been mutual; but his father prevented the

marriage, and he remained faithful during the rest of his life to the

memory of his youthful passion.

He returned to England in May, 1758, and remained there, with a short

interval, for the twenty-five following years. His father’s residence

was Buriton, near Petersfield; and, as he passed some time there, he

became in 1760 a captain in the South Hampshire militia: an incident

which might well pass unnoticed in the life of an ordinary person, but

which in this case is dignified by the value which Gibbon himself has

set upon it, and the conviction long afterwards expressed by him—“that

the captain of the Hampshire Grenadiers was not useless to the historian

of the Roman Empire.”

On the disbanding of the militia, in the beginning of 1763, he spent two

or three months at Paris, from which he proceeded on his second visit to

Lausanne. Here he remained for a year, occupied in various studies,

especially that of geography; and then passed, in the spring of 1764,

into Italy. An ardent curiosity, nourished by reading and meditation,

carried him directly to Rome; and the emotions with which he approached

and entered the Eternal City were, after an interval of twenty-five

years, still fresh in his memory. “After a sleepless night I trod, with

a lofty step, the ruins of the Forum; each memorable spot where Romulus

stood, or Tully spoke, or Cæsar fell, was at once present to my eye; and

several days of intoxication were lost or enjoyed, before I could

descend to a cool or minute investigation.” His enthusiasm gradually

gave way to deep and philosophical reflection, not uninfluenced either

by the scenes which surrounded him, or by the recollection of the past.

He became curious to trace the links which connected what he had read

with what he saw; and it was when he was musing in the ruins of the

Capitol, _while the barefooted friars were singing vespers in the Temple

of Jupiter_, that the idea of writing the Decline and Fall of the City

first started to his mind. This idea, once suggested, was never

abandoned; and though other avocations prevented him from immediately

pursuing it, it remained immovably fixed in his mind, and was the object

of his perpetual meditation.

Without claiming any precocity of genius, Gibbon describes his mind as

having opened considerably in his twelfth year. He had an early and

indiscriminate appetite for books, and had indulged it in much desultory

reading even before his admission at Oxford. A preference for historical

works already displayed itself. His attention was fixed by the accounts

of Mahomet and the Saracens; and the ‘Continuation of Echard’s Roman

History’ first introduced him to the successors of Constantine. But, as

his studies had been directed only by his own curiosity, his information

was partial and ill-digested, and more useful as the result of literary

habits, than as a fund for the use of his maturer years. Yet even thus

early he made an essay at historical composition; and the subject showed

that his mind had been chiefly attracted by the records of the Eastern

World. The ‘Age of Sesostris,’ suggested perhaps by the ‘Siècle de Louis

XIV.,’ then new and popular, was the first production of the pen of

Gibbon. But this attempt was presently abandoned; though the unfinished

manuscript remained for twenty years at the bottom of a drawer, and was

not finally destroyed till 1772. His first publication was an ‘Essai sur

l’Etude de la Littérature.’ It appeared in the spring of 1761, and was

written in French, through a secret ambition in the author to acquire a

peculiar celebrity, as a successful writer in a foreign language. This

dream, however, was not realised. The ‘Essai’ was received with little

enthusiasm abroad, with absolute indifference at home. Nor, indeed, were

its intrinsic merits, clouded as they were by an obscure and abrupt

style, sufficient to establish the author’s claims to the reputation

which he sought.

Gibbon then turned his thoughts to some historical subject; and among

many that attracted him were The Life of Raleigh; The History of the

Liberty of the Swiss; and that of the Republic of Florence under the

House of Medici. But he appears not to have engaged seriously in any one

of these, at the time of his second departure for the Continent. To the

second of those subjects however he afterwards returned, again

discarding his native tongue, for the use of what he deemed a more

general language. He wrote his ‘History of Switzerland’ in Latin. But

having caused a specimen of it to be recited in a society of literary

foreigners in London, at which he was himself present, though not known

as the author, he had the affliction of hearing its condemnation. He

submitted to the sentence, and delivered the imperfect sheets to the

flames. And it was in the same year (October 24, 1767) that Hume

addressed to him a very sensible exhortation to confine his compositions

to his own language, as that which was destined, through conquest and

colonization, to the most general prevalence in after-ages. It was

worthy of the riper wisdom and genius of Hume, to direct the rising

candidate for historical fame into the path wherein alone it was

possible to find it; and to enlarge his views, to teach him to look

beyond the actual and transient condition of the world, and fix his eyes

upon the generations that were to come.

The Gallery of Portraits: with Memoirs. Volume 7 (of 7) · 第 2 / 20 段