Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/66

PRIVATE BOOK III. grots fraud and impofition *. This matter, being brought be- fore the king, was by him referred to his learned counfel for their advice and opinion ; who reported fo flrongly in favour of the courts of equity y , that his majefty gave judgment on their behalf: but, not contented with the irrefragable reafons and precedents produced by his counfel, (for the chief juftice was clearly in the wrong) he chofe rather to decide the queflion by referring it to the plenitude of his royal prerogative z . Sir Ed- ward Coke fubmitted to the deciiion % and thereby made atone- ment for his error : but this ftruggle, together with the bufi- nefs of commendams (in which he a&ed a very noble part b ) and his controlling the commilTioners of fewer s % were the open and avowed caufes d , firft of his fufpeniion, and foon after of his re- moval, from his office. LORD Bacon, who fucceeded lord Ellefmere, reduced the practice of the court into a more regular fyftem ; but did not fit long enough to effecl: any confiderable revolution in the fcience itfelf : and few of his decrees which have reached us are of any gjeat confequence to pofterity. His fucceflbrs, in the reign of Bacon's works. IV. 61 1, 612. 632. fulted. The twelve judges joined in a me- " Whitelocke of parl. ii. 390. I Chan, morial to his majefty, declaring that their Rep. append, n. compliance would be contrary to their oathi z " For that it appertaineth to our prince- and the law: but upon being brought be- ' ly office only to judge over all judges, and fore the king in council, they all retraced to difcern and determine fuch differences, and promifed obedience in every fuch cafe as at any time may and mall arife between for the future, except fir Edward Coke, who our feveral courts touching their jurifdic- kid. "that when the cafe happened, he tions, and the fame to fettle and deter- "would do his duty." (Biogr. Brit. 1388.) mine, as we in our princely wifdom mail * See that article in chap. 6. find to ftand moft with our honour, fcff." * See lord Ellefmere's fpeech to fir Henry (i Chan. Rep. append. 26.) Montague, the new chief juftice, 15 Nov. See the entry in the council book, ,616. (Moor's reports. 828.) Though fir a6 July, 1616. (Biogr. Brit. 1390.) Edward might probably have retained his b In a caufe of the bilhop of Winchefter, f ea t, if during his fufpcnfion he would have touching a commendam, king James, con- complimented lord Villiers (the new favo- ceiving that the matter afFedled his prero- rite) with the difpofal of the moft lucrative gative, fent letters to the judges not to pro- office in his court. (Biogr. Brit. 1391.) eeed in it, till himfelf had been firft con- Charles I,