judicature of most countries which have attained a certain degree of political refinement, have assumed to themselves a right of administering justice in particular instances, by certain equitable princi ples, which they think more likely to answer the general ends of justice, than a rigid adherence to law; and where law is silent, to supply its defects by provisions of their own. These privileges were allowed the Prætor by the law of Rome; in virtue of them he pronounced decrees, the general object of which had sometimes a corrective, and sometimes a suppletory operation on the subsisting laws. They were innovations; but it may be questioned, whether any part of the Prætor's law was a greater innovation on the subsisting jurisprudence of the country, than the decisions of English courts of equity on the statute of uses and the statute of frauds.—4thly. The laws of every country allow its courts a considerable degree of power and discretion in regulating the forms of their proceedings, and carrying them into effect; further than this, the Prætor's power of publishing an edict, signifying the rules by which he intended the proceedings of his courts should be directed, does not appear to have extended. These observations may serve to explain the nature of the Prætor's jurisdiction, and to shew that the exercise of his judicial authority was not so extravagant or irregular as it has sometimes been described." Speaking of the council of Constance, Mr. Butler gives a remarkable instance of that spirit of jealousy which has ever distinguished a neighbouring nation in all her transactions concerning this country. After observing that a succinct and impartial history of the Transactions and Concordats between sovereigns and the See of Rome is wanting, and that the papal arrangements with Bonaparte would not be the least curious part of such a work, he observes, : "Separate histories have been written of the councils of Basil, Pisa, and Constance, by M. L'Enfant, a Lutheran minister that of the council of Constance is the best written; it contains an account of a fact of importance to the English nation, but not generally mentioned by her historians-that the French ambassadors contended before the council of Constance, that Christendom was divided into the four great nations of Europe, Italy, Germany, France, and Spain; and that all the lesser nations, among which they reckoned England, were comprehended under one or other of them; but the English asserted, and their claim was allowed by the council, that the British islands should be considered a fifth and coordinate nation, and entitled to an equal vote with the others." The view which we have given of this work by the above extracts is sufficient to convey to our readers an idea of the plan and the execution of it, and the authorities cited in it evince that great labour and research have been required for its completion. It appears, indeed, to be the result of much investigation and extensive reading, in books, some of which seldom fall into the hands of ordinary students; and as Mr. Butler neither aims to impose by laboured dignity, nor to dazzle by studied brilliancy of diction, as he avoids every thing which savours of exquisite subtlety or ostentatious profundity, in the remarks which he occasionally introduces, and proceeds right onward in a clear, simple, and concise style, without deviating into tedious inquiries and hypothetical disquisitions, we have seen few books that contain so much information in so small a compass. ACCOUNT OF SIR EDWARD COKE's ORIGINAL MANUSCRIPT OF HIS COMMENTARY upon LITTLETON, PREDICTUS Edwardus cepit in secundam uxorem suam Dmnam Elizabeth Hatton, filiam prenobiliss. Thomæ Dmi Burghley, die Martis, viz. 6 die Novembris 1598, apud domum vocat. Hatton House, in Holborne, in Com. Midd. in præsentia prædict. Tho. dni. Burghley (qui dedit eam) Dmæ Dorothæ uxoris ejus, Willm. Cecil arm, filii et Heredis apparentis ejusdem Tho. Dm. Burghley et Eliz. uxoris ejus, Anthonii Ashley Militis, et aliorum. * This lady was the relict of William Hatton, and, as appears from Sir Edward Coke's own statement, the daughter and not the sister of Thomas Earl of Exeter, as stated in the Biographia Britannica (Art. Coke). This marriage was the source of many troubles and inconveniences to both parties, and the very celebration of it occasioned no small trouble and disquiet by an unlucky accident that attended it. There had been the same year (1598) so much In festo sci michis an, 27 die Decembris, an⚫. 18 Jacobi Regis, conmissus fui *Turri London, et, 8 Aug. sequent., liberatus inde, sine aliqua justa suspicione alicujus criminis et sine aliqua nota infamiæ-Gratias Deo.-Unde Poeta. notice taken of irregular marriages that archbishop Whitgift had signified to the bishops of his province, that he expected they should be very diligent in causing all such persons to be prosecuted as were guilty of any irregularity in the celebration of marriage in point of time, form, or place. Whether Mr.Coke considered his own and the lady's quality, and their being married with the consent of the family, as setting them above such restrictions, or whether he did not advert to them, it is certain that they were married in a private house without either banns or licence, upon which Mr. Coke and his new married lady, Mr. Henry Bothwell, rector of Okeover, in the county of Rutland, Thomas Lord Burleigh, and several other persons, were prosecuted in the archbishop's court, but upon their submission by their proxies, were absolved from the greater excommunications, and the consequent penalties, which they had incurred, by overlooking the authority of the church, because, says the recordt, they had offended not out of contumacy, but through ignorance of the law in that point. On the 27th December, Sir Edward Coke was committed to the tower, and his chambers in the temple being broken open, his papers were delivered to Sir Robert Cotton and Mr. Wilson to examines. On the 6th of January he was charged before the council with having concealed some true examinations in the great cause of the Earl of Somerset, and of obtruding false ones. He was, however, released without these charges being at all prosecuted, receiving at the same time some very high but unjust marks of resentment from the king, for he was a second time turned out of the privy council, the king saying that he was the fittest instrument for a tyrant that ever was in England. But these harsh expressions from King James need not excite much wonder when we advert to the circumstance of Sir Edward Coke's having, in parliament, called the royal prerogative a great monster ‡. + We have in vain attempted to decypher the four lines which follow in the MS. Style's Life of Archbishop Whitgist, p. 522. † Regist. Whitgift, p, 3, fo. 108. § Camden Annal. Jac. p. 77. Wilson's Life and Death of King James: 16 Nov., 14, Jacobi regis, 1616, Sir George Clerke of the Crown, brought and delivered to me a writ of discharg. of my office of Chief Justice*, which I reading, and finding it to be granted generally, pro diversis causis, &c. said, here is no cause whatever. After, I explained, no cause quidquid in the writ†. Mem. Die Jovis the iii of May 1632, riding in the morn ing in Stoke, between 8 and 9 of the clocke, to take the aire, my horse under me had a strange tumble backward, and fell upon me (being about 80 years old), when my head lighted neare to sharpe shrubbes and the horse upon me. Yet, by the providence of Almighty God, thoughe 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 tarrieth round about them that feare him and delivereth them-Et nomen dei benedictum, for it was his doinge. Nativitas Edw. filii. 1. Edw. Coke, primogenit. proles prædictorum Edw. et Brigittæ, natus fuit, apud Huntingfield, in Com. Suff., die Mercurii, viz. vicesimo septimo die Novembris, in festo Agricolæ Anno Dm. 1583, annoq. regni Dominæ Reginæ Elizabethæ vicesimo sexto, post horam sextam pomeridianam vix unum quartarium horæ post sextum ejusdem diei, (luna ad tunc in libra existent.) Susceptores sui ad fontem fuerunt Rogerus Touneshend de Reynham, Edwardus Paston Armiger, et Anna Bedingfield, Avia dicti Edwardi Coke filii, et From his office of Lord Chief Justice of the King's Bench. + It is stated in the Biographia Britannica and in Coke's Detection (vol.1, p.92) that there was no truth in the reason alleged by Lord Chancellor Ellesmere for Sir Edward Coke's removal, viz. that he was too popular; but that the real cause was his refusal to comply with the wish of the King's favourite, Lord Viscount Villiers who wanted to be admitted patentee for life of the green wax office in the King's Bench; and it is evident from good authority that Sir Edward might have been restored if he would have given a bribe, but he nobly replied, That as a judge ought not to take, so neither ought he to give a bribe. It appears that he was suspended from his office on the 30th of June, and was succeeded by Sir Henry Mountague, on the 15th of November, 1616. baptizatus fuit apud Huntingfield prædict., die Jovis, viz. quinto die Decembris Anno supradicto *. Nativitas Annœ. 2. Anna Coke, primogenita filia prædictorum Edw. et Brigitte, nata fuit apud Huntingfield in Com. Suff., die luna, viz. primo die Marcii, in festo sancti Davidis Epiæ. Anno Dom 1584, in mane, viz. per unum quartarium, horæ ante horam septimam ante meridiem (luna adtunc in Cancer. existent.) Ejus susceptores fuerunt Johannes Clip→ pesby, Ar. Dna. Anna Hoydon et Dna. Anna Gresham +. 4. Robertus Coke, secundus filius prædict. Edw. et Brigitte, natus fuit apud Huntingfield, prædict. 27° Septemb. exist. die Mercurii An°. Dmi. 1587, regniq. Elizab. Reginæ 29 in festo **** inter 11 et 12 horam dicta meridiei (Luna adtunc existent in Sagitt.) baptizat. 4° Octobris, susceptores ejus Milo Corbet Armiger et Johannes Wentworth, gen. et Ratherma Rous. 3. Elizabeth Coke, 2da filia prædict. Edw. et Brigittæ nata fuit apud Huntingfield prædict. die Jovis circa horam duodeciman ejusdem diei in nocte in festo ✶✶ die Octo bris Anno Dmi 1586, Regniq. Regina Eliz. 28, baptizata in eadem nocte et paulo post obiit. Sed nativitas istius filiæ scribi debet ante nativitatem prædict. Roberti. 5. Arthurius Coke 3 filius præd. Edw. et Brigittæ natus fuit apud Huntingfield prædict. die Jovis in vigilia sci Timothei circa horam duodecimam in nocte ejusdem diei 22 die Augusti Anno Dmi. 1588, Regniq. Reg. Eliz. 30 (Luna in Cap. exist.) Baptizatus apud Huntingfield prædict. 27 die sequent. Suscept. ejus Arthurius Heveningham Miles, Franciscus Colby Armiger et Jo. Maplizden Archdiaconus Suff. et Anna Uxor Anthonii Wingfield Ar. §. 6. Johes Coke 4 filius prædict. Edw. et Brigittæ natus fuit apud Huntingfield prædict. die nono Maii, viz. die Sabbat. An°. Dom. 1580, Regniq. Eliz. 32°. circa horam quartam in Aurora (Luna in Scorp exist.) Baptizatus apud Huntingfield ejusdem Mensis. Susceptores ejus Reginaldus This son died an infant. + This daughter was married to Ralph Sadler, Esq. son and heir to Sir Thomas Sadler. § Arthur married Elizabath, daughter and heiress of Sir George Waldgrave, by whom he had four daughters. VOL. III. No. 18. [x] |