llision with the
king's rights. The first case was an action of _praemunire_ against the
court of chancery, evidently instigated by him, but brought at the instance
of certain parties whose adversaries had obtained redress in the
chancellor's court after the cause had been tried in the court of king's
bench. With all his learning and ingenuity Coke failed in inducing or even
forcing the jury to bring in a bill against the court of chancery, and it
seems fairly certain that on the technical point of law involved he was
wrong. Although his motive was, in great measure, a feeling of personal
dislike towards Ellesmere, yet it is not improbable that he was influenced
by the desire to restrict in every possible way the jurisdiction of a court
which was the direct exponent of the king's wishes. The other case, that of
the _commendams_, was more important in itself and in the circumstances
connected with it. The general question involved in a special instance was
whether or not the king's prerogative included the right of granting at
pleasure livings _in commendam_, _i.e._ to be enjoyed by one who was not
the incumbent. Bacon, as attorney-general, delivered a speech, which has
not been reported; but the king was informed that the arguments on the
other side had not been limited to the special case, but had directly
impugned the general prerogative right of granting livings. It was
necessary for James, as a party interested, at once to take measures to see
that the decision of the judges should not be given on the general question
without due consultation. He accordingly wrote to Bacon, directing him to
intimate to the judges his pleasure that they should delay judgment until
after discussion of the matter with himself. Bacon communicated first with
Coke, who in reply desired that similar notice should be given to the other
judges. This was done by Bacon, though he seems to hint that in so doing he
was [v.03 p.0141] going a little beyond his instructions. The judges took
no notice of the intimation, proceeded at once to give judgment, and sent a
letter in their united names to the king announcing what they had done, and
declaring that it was contrary to law and to their oath for them to pay any
attention to a request that their decision should be delayed. The king was
indignant at this encroachment, and acting partly on the advice of Bacon,
held a council on the 6th of June 1616, at which the judges attended. James
then entered at