Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/488

 474 IV. THE NINETEENTH CENTURY and Hensloe's Case were recent authorities in their favour,^ and another was the practice of civilized Europe, — France, and especially Brittany, excepted.^ In 1653, accordingly, a^ temporal tribunal was erected and endued with the powers of the Consistory and Prerogative Courts: it consisted of twenty judges, five of whom were a quorum; among them were Cooper, afterwards Lord Shaftesbury, Hale, Des- borough, Cock, Peters, and Rushworth. The measure was crowned by the establishment of district registries for all wills and for letters of administration.^ Legacies were to be sued for at Common Law.* St. 165-p, C. 43, appointed delegates to try the validity of questionable marriages. ^ The effect of all this was to replace Ecclesiastical by Common Law, not simply to bound the jurisdiction of the former by the latter.^ " I would not have law bookes to be dealt withall like the Common Prayer Booke, which as {sic) hap- pily laine aside like an old caske for its ill savour," says John Coke, solicitor-general at Charles's trial, and afterwards Chief Justice of Munster, " but refined, purged, and con- formed to Right Reason, speedy justice, and consconable (*ic) Equity. Let his expurgation be, at the first dash, of all matters ecclesiastical and bishops' appurtenances, for what feare is there to expel that brats {sic) having banisht the father.?""^ A mercantile country found our marine courts necessary, but in need of reform. Their judges were deputies, often without experience^ and often inclined by covetousness or »Yelverton, 92: 9 Rep. 37. Cp. 5 Rep. i, xvi., xvij., 74: 9 Rep. 48. • Selden, 1. c. pt. 1, c. 6. »"An experimental essay," etc. p. 3: Statt. 1653, c. 2, Dec. 24; 1654, c. 4: Burton, "Diary," 1656, Dec. 3 and 24: Wynne, Jenkins, 2, 695. • St. 1654, c. 44, §48: "Exam. legg. Angl.," c. 14, §§31, 33, 34: Rep. on Eccl. Cts. (1832), P. 39. 30. The attacks made in " A plea for ladies," etc. on Milton's book about divorce, which he defended by translating Bucer's, and by writing " Colasterion " and " Tetrachordon," prevented thorough legislation. • Wingate, " Maxims of Reason," 1, 4. • " The Vindication," etc., p. 83. • As Lewes, Principal first of New Inn Hall, and then of Jesus Coll. Oxf., appointed by Lord Clinton, in 1558, Judge of the High Ct., of Ad- miralty [Ms. among the records of the court: Wood, 1 "Fasti Oxon." 1271.
 * "Exam. legg. Angl.," c. 14, §27; p. ». §69: 3 " Hudibras," 1, 623-