Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/483

 H. ROBINSON: ANTICIPATIONS 469 the Privy Council and the Chancery had parted with their criminal jurisdiction, which dexterously construed intentions into acts, which (like the High Courts of Justice, as Claren- don taunts them) did away with " distinction of quality *' in capital cases, and made " the greatest lord and the mean- est peasant undergo the same judicatory and form of trial," * equalizing them in the dock as, during the French Revolu- tion, the guillotine equalized them on the scaffold. Claren- don's sneer, repeated in earnest in St. 1656, c. 3, that these tribunals were " for the better establishment of Cromwell's empire," ^ in other words, for the maintenance of order, is their apology. Changes more or less sweeping in the Superior Courts of Common Law and in the Law Terms were proposed. The latter were regarded by the people as of Norman, indeed, of the Conqueror's institution, and wasted time and money. Nor need we have wondered if, as the early Christians, abhor- ring Pagan festivals, administered justice daily, so the Puri- tans, abhorring Catholic festivals, had effaced the distinction between term-time and vacation. However, Michaelmas Term having been shortened so as to suit the farmers, no more was done.^ The alterations made in the Superior Courts embar- rassed Chief Justice Foster after the Restoration, but, such was the strength of the Common-lawyers, did not satisfy the reformers.* Stt. 1649, c. 10, and 165%, c. 4, only accom- modated their forms to those of the new constitution. Fines 'Stt. 1648-9, cc. 6, 10: 1650, c. 1, Apr. 2, cc. 24, 40; 1651, cc. 8, 20; 1653, c. 25; 1653-4, c. 4; 1654, c. 27; 1656, c. 3; Coram. Journ.: "State Trials:" Cock, " English Law " (1651), p. 74: Whitelock: Clar. bks. 11, 13, 14: Spence, pt. 2, bk. 1, c. 4, and bk. 4, c. 1. For the refer- ence to Spence I have to thank Sir G. Young. King and Emperour" ["A supply to a draught of an act," etc. (1653), p. 22]. Cp. "The Homilies" (1547), bk. 1, serm. 10, pt. 3. I am in- debted to the Rev. J. R. Green for reminding me that Archbp. Heath, in 1559, spoke of Elizabeth as " our Emperour and Empress" [Free- man, 1 "Norman Conquest" 161, 626]. ' Selden, "Janus Angl." bk. 2, § 9: Warr, "The corruption and de- ficiency of the laws of Engl." etc., cc. 3 and 4: Winstanly, Barker, and Star, "An Appeal to the H. of C. etc., pp. 18, 19: Jones, "The new reiurna brevium," etc., passim: Thierry, "The Conquest of Engl." etc., conclusion, §4: Spelman, "Of the Terms:" St. 16 Car. i., c. 6. (1659). But see "A vindication of the laws of Engl, as they are now established."
 * " Divers officers and soldiers " call Cromwell " the first Christian
 * " Examen legum A nc/l." ( 656 ) : Cole, " A rod for the lawyers "