The text of the following Book of Judges has been derived from Lord Campbell’s Lives of the Chief Justices, and Lives of the Chancellors, with only a few verbal alterations for the sake of connection, some transpositions, the omission of some details of less interest to the American reader, and the insertion of a few paragraphs, enclosed in brackets, thus [ ]. Most biographers have been arrant flatterers. Lord Campbell is a distinguished member of that modern school, which holds that history is of no dignity nor use, except so far as it is true; and that the truth is to be told at all hazards and without reserve. Hitherto social and political position, obtained no matter by what means, has in general secured not only present but future reputation. It can hardly fail to be a serious check upon those who struggle for distinction to understand, that, however they may cheat or dazzle their contemporaries, they must expect to encounter from posterity a Rhadamantine judgment. The object of the present work, prepared as it is in the interest of justice and freedom, and designed to hold up a mirror to magistrates now sitting on the American bench, in which “to show virtue her own feature, scorn her own image, and the very life and body of the time his form and pressure,” will, I hope, induce Lord Campbell to pardon the liberty I have ventured to take with his writings. R. H. Boston, November 20, 1855.
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,
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