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The Green Bag.

his fingers; for it was not until all hope of turning sycophancy to further account fled that Coke took up with patriotism." Per haps Dr. Sam Johnson was thinking of Coke when he made the often quoted remark that " patriotism was the last refuge of a scoundrel." The prosecution of Guy Fawkes and his associates afforded fresh opportunity for Attorney General Coke to insult defenseless — and at that time uncounseled — prisoners. How nobly pathetic was that interruption of Coke's insults by conspirator Sir Everard Digby, when he exclaimed, " I may deserve the vilest death, but I petition for some moderation of justice." Coke answered by quoting from the Psalms, " Let his wife be a widow, and his children vagabonds; let his posterity be destroyed and in the next gen eration let his name be quite put out." But the trial lords did not sympathize with Coke; for when Digby was convicted and pathetically added, " If I may but hear any of your lordships say you forgive me I shall go more cheerfully to the gallows," one of them replied, "The Lord may forgive you as we do." Coke had now earned and received chief justiceship of the court of common pleas, which rubbed his stubborn pride agains* the pedantic presumption of James. To sup port prerogatives of royalty was very well for an attorney general; but when Coke became judge he had those of the bench to support. And when King James, thinking that constitution and law allowed him to personally try causes between Crown and loyal subjects, said rather pettishly to Coke, "By my soul, I have often heard it boasted that your English law" — James being Scotch could put some sarcasm into his tone as he nmcle the reference — " was founded upon reason, wherefore, have I not reason as well as you judges?" Bacon, now become solicitor general, aimed to gain the attorney generalship; and therefore successfully played the game of

aiding to elevate Coke to the chief justice ship of the kingdom and thereby giving to Attorney General Hobart the vacated com mon pleas-ship and taking the latter's place. Now Coke coveted the chancellorship; as did Bacon. James was minded to give it to Coke; when spake the genius of Bacon thus: "If your Majesty shall take my lord Coke, you will put an overruling nature in an overruling place; and popular men are no sure mounters for your Majesty's saddle." Just then came into the court of King's Bench a question of royal prerogative in an ecclesiastical matter. Attorney General Bacon advised prohibition; but Coke judicially denied the prerogative. Coke was now in Bacon's trap, and, as history mentions, charges were "trumped up"— the phrase quite appropriate in this con nection which procured Coke to be suspend ed from office. Next came full dismissal; and historic " dejection and tears," Bacon working the wires. Coke was now a Humpty Dtimpty; but Bacon had become lord chancellor. Coke was defeated but not dismayed. His wife had given him a daughter and Coke had planned to obtain court influence through her. The Duke of Buckingham was the power behind the throne, and his brother the baronet desired a rich wife. Coke had now added manor to manor in his acquisitions, and owned large realtys in London. Out of these he richly dowered his daughter, who became Lady Villiers, and relieved Buckingham of de mands from his brother for moneys. There was a great wedding for Coke's daughter at the royal palace of Hampton " in the pres ence of king and queen and all the chief nobility of England." But Bacon was not a guest; because foreseeing what the alliance might accomplish for Coke he had endeav ored by a counter intrigue to prevent the match. By way, doubtless, of a wedding gift, Buckingham procured Coke's restora tion to the Privy Council with a lord treasurership — the gains of which Coke coveted