About the year 1611, King James entertained the idea of reigning as an absolute sovereign. Archbishop Bancroft flattered him in this notion, and suggested that the King ought to have the privilege of "judging whatever cause he pleased in his own person, free from all risk of prohibition or appeal." James summoned the judges to his Council and asked whether they consented to this proposal. Coke replied:—
"God has endowed your Majesty with excellent science as well as great gifts of nature; but your Majesty will allow me to say, with all reverence, that you are not learned in the laws of this your realm of England, and I crave leave to remind your Majesty that causes which concern the life or inheritance, or goods or fortunes of your subjects are not to be decided by natural reason, but by the artificial reason and judgment of law, which law is an art which requires long study and experience before that a man can attain to the cognizance of it."
On hearing this, James flew into a rage and said: "Then am I to be under the law—which it is treason to affirm?"
To which Coke replied: "Thus wrote Braxton: 'Rex non debet esse sub homine, sed sub Deo et Lege.'"[8]
Coke had the misfortune to offend the King in another matter. James issued proclamations whenever he thought that the existing law required amendment. A reply was drawn up by Coke, in which he said: "The King, by his proclamation or otherwise, cannot change any part of the common law, or statute law, or the customs of the realm." This still further aggravated James.
Meanwhile Bacon, now Attorney-General, was high in the King's favour, and he was constantly manoeuvring in order to bring about the downfall of his rival. He persuaded James to remove Coke from the Common Pleas to the King's Bench—a promotion, it is true, but to a far less lucrative post. This greatly annoyed Coke, who, on meeting Bacon, said: "Mr. Attorney, this is all your doing." For a time Coke counteracted his fall in James's favour by giving £2,000 to a "Benevolence," which the King had asked for the pressing necessities of the Crown, a benevolence to which the other judges contributed only very small sums. This fair weather, however, was not to be of long duration.
In 1616 Coke again offended the King. Bacon had declared his opinion that the King could prohibit the hearing of any case in which his prerogative was concerned. In the course of a trial which shortly afterwards took place, Bacon wrote to the judges that it was "his Majesty's express pleasure that the farther argument of the said cause be put off till his Majesty's farther pleasure be known upon consulting him." In a reply, drawn up by Coke and signed by the other judges, the King was told that "we have advisedly considered of the said letter of Mr. Attorney, and with one consent do hold the same to be contrary to law, and such as we could not yield to by our oaths."
James was furious. He summoned the judges to Whitehall and gave them a tremendous scolding. They fell on their knees and all were submissive except Coke, who boldly said that "obedience to his Majesty's command ... would have been a delay of justice, contrary to law, and contrary to the oaths of the judges."
Although Coke was now in terrible disgrace at Court, he might have retained his office of Chief Justice, if he would have sanctioned a job for Villiers, the new royal favourite. George Villiers, a young man of twenty-four, since the fall of the Earl of Somerset had centralised all power and patronage in his own hands. The chief clerkship in the Court of King's Bench, a sinecure worth £4,000 a year, was falling vacant, and Villiers wished to have the disposal of it. The office was in the gift of Coke, and, when Bacon asked that its gift should be placed in the hands of Villiers, Coke flatly refused and thus offended the most powerful man in England. Nothing then became bad enough for Coke and nothing in Coke could be good. His reports of cases were carefully examined by Bacon, who pointed out to the King many "novelties, errors, and offensive conceits" in them. The upshot of the whole matter was that Coke was deprived of office. When the news was communicated to him, says a contemporary letter, "he received it with dejection and tears."[9]
It would be natural to suppose that by this time Bacon had done enough to satisfy his vengeance upon Coke. But no! He must needs worry him yet further by an exasperating letter, from which some extracts shall be given. It opens with a good deal of scriptural quotation as to the wholesomeness of affliction. Then Bacon proceeds to say:[10] "Afflictions level the mole-hills of pride, plough the heart and make it fit for Wisdom to sow her seed, and for grace to bring forth her increase. Happy is that man, therefore, both in regard of Heavenly and earthly wisdom, that is thus wounded to be cured, thus broken to be made straight, thus made acquainted with his own imperfections that he may be perfect. Supposing this to be the time of your affliction, that which I have propounded to myself is, by taking the seasonable advantage, like a true friend (though far unworthy to be counted so) to show your shape in a glass.... Yet of this resolve yourself, it proceedeth from love and a true desire to do you good, that you, knowing what the general opinion is may not altogether neglect or contemn it, but mend what you may find amiss in yourself.... First, therefore, behold your Errors: In discourse you delight to speak too much.... Your affections are entangled with a love of your own arguments, though they be the weaker.... Secondly, you cloy your auditory: when you would be observed, speech must either be sweet, or short. Thirdly, you converse with Books, not Men ... who are the best Books. For a man of action & employment you seldom converse, & then but with underlings; not freely but as a schoolmaster with his scholars, ever to teach, never to learn.... You should know many of these tales you tell to be but ordinary, & many other things, which you repeat, & serve in for novelties to be but stale.... Your too much love of the world is too much seen, when having the living" [income] "of £10,000, you relieve few or none: the hand that hath taken so much, can it give so little? Herein you show no bowels of compassion.... We desire you to amend this & let your poor Tenants in Norfolk find some comfort, where nothing of your Estate is spent towards their relief, but all brought up hither, to the impoverishing of your country.... When we will not mind ourselves, God (if we belong to him) takes us in hand, & because he seeth that we have unbridled stomachs, therefore he sends outward crosses." And Bacon ends by commending poor Coke "to God's Holy Spirit ... beseeching Him to send you a good issue out of all these troubles, & from henceforth to work a reformation in all that is amiss, & a resolute perseverance, proceeding, & growth, in all that is good, & that for His glory, the bettering of yourself, this Church & Commonwealth; whose faithful servant whilest you remain, I am a faithful servant unto you."