CONTENTS.

[INTRODUCTION.]
The administration of justice the great end of government, page [9]. Polity of the Anglo-Saxons, [10]. County courts, [12]. Policy of the Norman conquerors, [13]. Their scheme for the administration of justice, [14]. Aula Regis, or King’s Court, [15]. Law proceedings become a mystery, [16]. Division of the Aula Regis, [18]. King’s Bench, [18]. Common Pleas, [19]. Exchequer, [19]. Court of Chivalry, or Honor Court, [19]. Origin of the legal profession as it exists at present—Inns of Court, [20]. Special Pleadings, [21]. Serjeants, Barristers, and Attorneys, [22]. Justices of the peace, [23]. Appeals to Parliament, [24]. Trial by jury, [25]. Nisi prius trials, [27]. Usurpations of the courts upon each other, [28]. Court of Chancery, [30]. Court of Admiralty, [31]. Use of torture, [32]. Suits for slander in the Court of Chivalry, [33]. The courts the ready tools of executive usurpation, [34]. Courts of Star Chamber and High Commission, [34]. Sources and object of the present compilation, [35]. Bearing of the following narratives on passing events, [35].
[CHAPTER I.]
ROGER LE BRABANCON.
His ancestry, page [37]. Made a judge, [37]. Edward I. claims sovereignty over Scotland, [39]. The family of Bruce, [40]. Robert de Brus, [41]. Contest for the Scottish throne, [43]. Brabancon maintains Edward’s claim, [44]. Is rewarded with the office of chief justice, [47].
[CHAPTER II.]
ROBERT TRESILIAN.
Appointed chief justice, [48]. Ready for any dirty work, [49]. Judicial opinion in favor of the arbitrary power of the King, [50]. Preparations for judicial murders, [53]. The barons march on London, [54]. Tresilian appealed of high treason, [56]. Found guilty, [57]. Arrest and execution, [59].
[CHAPTER III.]
THOMAS BILLING.
Lancastrians and Yorkists, [61]. Fortescue and Markham, [61]. Removal of Markham, [63]. Billing a judge, [64]. His infamous character, [64]. His previous life, [64]. Begins a Lancastrian, [65]. The Yorkists having triumphed, becomes a Yorkist, [66]. Made a judge, [67]. Trial of Walker, [67]. A court favorite, [68]. Chief justice, [69]. Trial of Sir Thomas Burdett, [69]. Lancastrian revolution, [71]. Billing changes, and keeps his place, [72]. Yorkist revolution, [72]. Billing changes again, and keeps his place, [73]. Procures a pardon for Fortescue, [73]. His law decisions, [74]. Trial of the Duke of Clarence, [74]. Billing’s death, [75].
[CHAPTER IV.]
JOHN FITZJAMES.
A friend of Wolsey’s, [76]. Who makes him attorney general, [77]. Prosecution of Buckingham, [77]. Made a judge, [77]. Chief justice, [78]. Turns against Wolsey after his fall, [78]. Ecclesiastical pretensions of Henry VIII., [80]. Trial of Fisher, [81]. Trial of Sir Thomas More, [83]. Trials of the supposed gallants of Anne Boleyn, [85]. Fitzjames’s opinion as to the mode of Anne Boleyn’s execution, [85]. His death, [85].
[CHAPTER V.]
THOMAS FLEMING.
A rival of Bacon’s, [87]. His origin and progress, [87]. Solicitor general, [88]. Speaker of the House of Commons, [89]. Bacon his rival there, [90]. Fleming chief baron of the Exchequer, [90]. His judgment in the case of impositions, [91]. Made chief justice, [94]. Case of the Postnati, [94]. Trial of the Countess of Shrewsbury, [95]. Wholly eclipsed by Sir Edward Coke, [95]. His death, [96].
[CHAPTER VI.]
NICHOLAS HYDE.
Plan of Charles I. to rule without Parliaments, [97]. Sir Randolph Crewe, chief justice, discharged to make room for Hyde, [98]. His family and previous career, [98]. Case of Sir Thomas Darnel, [99]. Petition of Right, [102]. Hyde’s opinion that it would not be binding on the king, [103]. Proceedings against Selden and others, [103]. Hyde’s death, [106]. Much applauded by true courtiers, [106].
[CHAPTER VII.]
JOHN BRAMPSTON.
Charles I. perseveres in his arbitrary schemes, [107]. Brampston’s previous life, [107]. Appointed chief justice, [109]. Contrast between his personal and political character, [109]. Opinion in favor of ship money, [110]. Trial of Hampden, [111]. Lord Say’s case, [111]. Trial of Rev. Thomas Harrison, [112]. Brampston as a Star Chamber judge, [113]. Case of the Bishop of Lincoln, [114]. Long Parliament, [115]. Brampston impeached, [116]. Turns about on the question of ship money, [116]. Parliament appeased, [117]. Summoned by Charles to join him at his camp, [117]. Superseded, [118]. Death and character, [118].
[CHAPTER VIII.]
ROBERT HEATH.
His origin and high prerogative principles, [119]. Solicitor general, [120]. Attorney general, [121]. His share in the trial of Darnel, [121]. Holds the petition of right illegal, [122]. His part in the trial of Selden and his followers, [123]. Schemes for raising money, [125]. Chief justice of the Common Pleas, [126]. His removal from office, [127]. Returns to practice, [128]. Judge of the King’s Bench, [128]. Chief justice, [129]. His acts as such, [129]. Flies to the continent, [131]. Death and character, [131].
[CHAPTER IX.]
ROBERT FOSTER.
Reorganization of the bench at the restoration, [132]. Foster’s early life, [133]. Judge of the Common Pleas, [134]. Joins the king at Oxford, [134]. Removed by Parliament, [134]. Returns to practice, [134]. Reappointed a judge by Charles II., [134]. Chief justice, [134]. Trial of Vane, [135]. Case of John Crook, [138]. Case of Tonge and others, [139]. Death, [140].
[CHAPTER X.]
ROBERT HYDE.
His connections and early history, [142]. A judge of the Common Pleas, [141]. Chief justice of the King’s Bench—his installation, [143]. Trial of a printer, [144]. Trial of Keach for libel, [146]. Introduces the practice of fining juries, [150]. Cried up as an eminent judge, [151]. Drops dead, [151].
[CHAPTER XI.]
JOHN KELYNGE.
Appointed a judge, [152]. Previous career, [153]. Conducts the prosecution of Colonel Hacker, [154]. Made chief justice over Sir Matthew Hale’s head, [156]. His behavior, [156]. Moorfields rioters held guilty of treason, [157]. American application of this doctrine, [158], note. Treatment of juries, [159]. Conduct investigated by the House of Commons, [161]. Tame for the rest of his days, [162]. His reports, [162].
[CHAPTER XII.]
WILLIAM SCROGGS.
His early life, [163]. Judge of the Common Pleas, [165]. Chief justice of the King’s Bench, [166]. Favors the Popish Plot delusion, [167]. American counterpart of that plot, [167], note. Trial of Godfrey, [168]. Of others, [169]. Of Bromwich, [170]. Scroggs changes his policy, [171]. Wakeman acquitted, [172]. Scroggs attacked by the mob, [172]. His defence, [173]. Castlemaine acquitted, [175]. Trial of Mrs. Collier, [175]. Charges to grand juries, [176]. Attack on the press, [177]. Conduct in Shaftesbury’s case, [178]. Charges made to the Council against Scroggs, [178]. His trial, [179]. House of Commons inquires into his conduct, [180]. General characteristics, [181]. Removal from office, [182]. His subsequent life, [183]. His infamy, [184].
[CHAPTER XIII.]
FRANCIS NORTH.
His noble birth, [185]. Early life, [186]. A court keeper, [188]. Called to the bar, [189]. His early practice, [189]. A lickspittle, [193]. A leader at the bar, [194]. Makes his fortune by avowing “loyal” principles, [195]. Solicitor general, [197]. His practice, [198]. His loves, [199]. Marriage, [200]. Insignificant as a member of Parliament, [200]. Attorney general, [201]. Fees in abundance, [202]. Chief justice of the Common Pleas, [203]. Conduct on the bench, [203]. Career as a politician, [206]. Legal oracle of the party of arbitrary power, [206]. Proclamation against coffee houses, [206]. Petitioners and Abhorrers—North obstructs the right of petition, [207]. Parliamentary proceedings against him, [208]. Draws a declaration against the popular party, [209]. Trial of College, the Protestant joiner, [210]. Proceedings against Shaftesbury, [212]. Attack on the municipal privileges of London, [216]. North made lord chancellor, [217]. His disappointment and dissatisfaction, [219]. Assists at the inauguration of Saunders, [220]. His conduct as a law reformer and equity judge, [221]. As a statesman, [223]. Joins in the proceedings against the charter of London, [224]. Made a peer—Disfranchises many towns, [226]. Dismisses Burnet, [226]. Rye house plot, [227]. Jeffreys his rival, [227]. His mortifications, [229]. Triumphs over Jeffreys in the matter of the recusants, [230]. Death of Charles II., [233]. Continued in office by James II., [234]. Puts the seal to a questionable proclamation, [235]. Parliament meets, [236]. North snubbed, [236]. Clings to office, [237]. Still thwarted and browbeaten by Jeffreys, [237]. Further mortifications, [239]. His dejection and misery, [240]. Monmouth’s insurrection, [240]. His conduct as to the prisoners, [241]. Death and character, [242]. Jokes upon him, [244]. His writings, [245]. His method of living, [245]. His domestic relations, [246]. Descendants, [247]. His early death, [247]. His life by Roger North, [247].
[CHAPTER XIV.]
EDMUND SAUNDERS.
Motives of his appointment, [248]. Early history, [248]. Called to the bar, [250]. His practice, [251]. His reports, [251]. Not desirous of preferment, [253]. Counsel for the crown, [253]. Advises a quo warranto against the city of London, [256]. Appointed chief justice, [256]. His conduct in the London case, [258]. Judgment of the court pronounced by Justice Jones, [260]. Trial of Lord Grey, [260]. Sudden death, [264]. His appearance and manners, [264]. His reports, [266].
[CHAPTER XV.]
GEORGE JEFFREYS.
His parentage, [267]. School days, [267]. Scheme of becoming a great lawyer, [268]. A student at the Inner Temple, [268]. Associates with the popular leaders, [272]. Extravagance and poverty, [272]. Precocity, [272]. Admitted to the bar, [273]. Difficulties and energy, [273]. Marriage, [274]. Practises at the Old Bailey and London sessions, [275]. His forensic abilities, [275]. Common serjeant of the city of London, [276]. His contrivances to get on, [277]. Opens a communication with the court, [278]. Recorder of London, [279]. Repudiates the liberals, [280]. His policy as to the Popish Plot, [282]. His sentences of death, [282]. Conduct in a libel case, [283]. Made chief justice of Chester, [284]. His overbearing insolence, [285]. Visits his father, [287]. Proceedings against him in Parliament, [287]. Resigns his recordership, [288]. Complimented by the king, [289]. Chairman of the Middlesex sessions, [289]. Counsel for the crown against Fitzharris, Plunkett, and College, [290]. Takes part in other Court prosecutions, [292]. Rye house trials, [294]. Appointed chief justice, [298]. Trial of Algernon Sidney, [298]. Case of Sir Thomas Armstrong, [300]. Of Sir William Williams, [301]. Charters fall like Jericho, [302]. Other trials before him, [303]. Rules London with a rod of iron, [303]. Reappointed chief justice by James II., [304]. Trial of Titus Oates for perjury, [304]. Baxter’s trial, [305]. Jeffreys raised to the peerage, [308]. He rivals North, [310]. His bloody assize, [310]. Lady Lisle’s trial, [311]. Other incidents of the bloody assize, [314]. Proceedings at Bristol, [319]. In Somersetshire, [322]. Prideaux’s case, [323]. An apologist for Jeffreys, [323]. Tutchin’s case, note, [323]. James or Jeffreys? [324]. Made lord chancellor, [326]. Hangs an alderman, [328]. Meeting of Parliament, [329]. Scheme of dispensing with the test act, [330]. Opinions of the judges in favor of the dispensing power, [332]. Embassy to the pope, [333]. Court of High Commission revived, [333]. Its proceedings, [334]. Lord Delamere’s trial, [334]. Proceedings against the Fellows of Magdalen College, [337]. Prosecution of the seven bishops, [338]. Rivals of Jeffreys, [341]. Birth of the Pretender, [342]. William of Orange lands in England, [343]. James attempts reconciliation, [344]. Advance of William, [345]. James flies, [347]. Terror of Jeffreys, [348]. Search for him, [349]. His arrest, [351]. Committed to the Tower, [353]. James seeks to make him a scapegoat, [355]. Assailed by the press, [356]. Presented with a halter, [356]. Petition against him, [357]. His death, [358]. Domestic life, [359]. His descendants, [359]. Person and manners, [359]. Merits as a civil judge, [360]. Chancery reforms, [361]. His opinion in favor of allowing counsel to prisoners, [362]. His infamy deserved, [363].
[CHAPTER XVI.]
ROBERT WRIGHT.
His parentage, youth, vices, and marriage, [364]. His practice, [365]. His pecuniary embarrassments and frauds, [365]. Becomes a favorite of Jeffreys, [366]. Who makes him a judge, [368]. Attends Jeffreys in his bloody assize, [368]. Made chief justice, [369]. Orders an illegal execution, [370]. Aids in forcing Catholic fellows on Magdalen College, [371]. Sits in the Court of High Commission, [373]. Volunteers an extrajudicial opinion in favor of the Declaration of Indulgence, [374]. Attempts to force it to be read at Serjeant’s Inn Chapel, [374]. Trial of the seven bishops, [374]. At first unmolested after William of Orange lands, [386]. Arrested, and dies in Newgate, [386]. His profligacy, [387]. Necessity of exposing wicked judges, [387].
[APPENDIX.]—Case of Passmore Williamson, [389-432]

INTRODUCTION

Hume observes, in his History of England, that “among a people who lived in so simple a manner as the Anglo-Saxons, the judicial power is always of greater importance than the legislative.” The same comparison will hold good even in communities far more advanced in civilization than the Anglo-Saxons. It has indeed been well said that the great end of the complicated machinery of the existing British government is to get twelve men into a jury box. It might even be laid down as a general principle that the freedom or servitude of a people will mainly depend upon the sort of administration of justice which they have—especially of criminal justice.

The whole course of British history will serve to justify this observation, since it has not been so much by the aid of mercenary soldiers, as by the assistance of lawyers and judges, that tyranny has sought to introduce itself into that country. It is in the history of the English courts, still more than in the history of the English Parliament, that we are to trace the origin and growth of those popular rights and of that idea of public liberty, propagated from England to America, and upon which our Anglo-American free institutions are mainly founded.

The origin of British liberty, by an ancient, constant, and affectionate tradition, has uniformly been traced back to the times of the Anglo-Saxons. It was, however, by judicial, far more than by legislative institutions, that among those progenitors of ours private rights and public liberty were guarantied.

The smallest political subdivision among the Anglo-Saxons was the tything, (teothing,) consisting of ten families, the members of which were responsible for the good conduct of each other. The head man of this community, denominated tything-elder, (teothing ealdor,) seems to have acted as a kind of arbitrator in settling disputes about matters of a trifling nature; but whether he had actually a court for administering justice does not appear. Next in order came the hundred, (hundrede,) or, as it was called in the north of England, the wapentake, in its original constitution consisting of ten tythings, or a hundred families, associated together by a similar bond of mutual responsibility. Its head man was called the hundred’s elder, (hundredes ealdor,) or simply reeve, (gerefa,) that being the generic term for the officer of any district, or indeed for any officer.[1] This gerefa, along with the bishop of the diocese, acted as the presiding officer of the hundred court, which met once at least every month, and had both civil and criminal jurisdiction, and cognizance also of ecclesiastical causes, which were entitled to precedence over every other business.