Chapter I: 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.