great length into the case, censuring the judges for the
offensive form of their letter, and for not having delayed judgment upon
his demand, which had been made solely because he was himself a party
concerned. The judges, at the conclusion of his speech, fell on their
knees, and implored pardon for the manner of their letter; but Coke
attempted to justify the matter contained in it, saying that the delay
required by his majesty was contrary to law. The point of law was argued by
Bacon, and decided by the chancellor in favour of the king, who put the
question to the judges individually, "Whether, if at any time, in a case
depending before the judges, which his majesty conceived to concern him
either in power or profit, and thereupon required to consult with them, and
that they should stay proceedings in the meantime, they ought not to stay
accordingly?" To this all gave assent except Coke, who said that "when the
case should be, he would do that should be fit for a judge to do." No
notice was taken by the king of this famous, though somewhat evasive,
reply, But the judges were again asked what course they would take in the
special case now before them. They all declared that they would not decide
the matter upon general grounds affecting the prerogative, but upon special
circumstances incident to the case; and with this answer they were
dismissed. Bacon's conduct throughout the affair has been blamed, but
apparently on wrong grounds. As attorney he was merely fulfilling his duty
in obeying the command of the king; and in laying down the law on the
disputed point, he was, we may be sure, speaking his own convictions.
Censure might more reasonably be bestowed on him because he deliberately
advised a course of action than which nothing can be conceived better
calculated to strengthen the hands of an absolute monarch.[21] This
appeared to Bacon justifiable and right, because the prerogative would be
defended and preserved intact. Coke certainly stands out in a better light,
not so much for his answer, which was rather indefinite, and the force of
which is much weakened by his assent to the second question of the king,
but for the general spirit of resistance to encroachment exhibited by him.
He was undeniably troublesome to the king, and it is no matter for wonder
that James resolved to remove him from a position where he could do so much
harm. On the 26th June he was called before the council to answer certain
charges, one of