Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/490

 476 IV. THE NINETEENTH CENTURY which he would have added a Border Court at Carhsle or Berwick, meet the want.^ The inconveniences flowing from that practical denial of justice to those rustics who had sustained slight injuries or had little debts outstanding con- spired with fashion to centralize England in London. The determination of wealth and ability to the capital had been resisted bj Tudors, Stuarts and Republicans with futile measures against building and absentees.^ But the Repub- licans were for resisting it also by improving the judicial and administrative system of the country. Carey in 1627 had turned to Spain, then in many respects another and a better England,^ and asked for district courts with a sum- mary jurisdiction such as he saw there.^ The first steps taken by the Long Parliament were even in an opposite direction: it abolished all courts of the kind, and, no doubt, their scope, like that of the Stannary Court according to Claren- don, " had been extended with great passion and fury." But in 164)5 complaint was made of the tedious journeys to Westminster: in 1648 Carey's request was renewed and a proposal made that all Superior Courts but that of Parlia- ment should be swept away; and many a pamphleteer joined in the chorus : — " Let the people have right at their own doors." ^ In answer, the Palatine and the Duchy Court of Lancaster were revived by statute under Bradshaw and others, courts of conscience were established and county judicatures planned for England, courts baron were erected in Scotland and manorial courts ^ in Ireland. U. 8. Metropolis," etc., and "Royal Proclamations"): Hallam, C. 8: Evelyn, " Fumifugium:" "The Apology for the Builder" (1685). 'Robertson, "Charles V.," notes: Allen, "The Royal Prerogative in Engl.," pp. 100 foil.: Stubbe, "a select senate" (1659). p. 17. "Jones, "Eight observable points of law:" "An experimental essay, touching the reformation of the laws of Engl.:" Warr, "The corrup- tion and deficiency of the laws of Engl.," cc. 3, 4: Jones, "Judges judged," etc.; "the new returna brevium:" "Exam. Legg. Angl." c. 13: Lechford, " Plaine dealing," p. 25. •These manors were created under the confiscatory statt. of Eliz., under "The Adventurers Act." (17 Car. i. c. 34), and under St. 1656, c. 23. Cp. St. 37 Hen. viij. c. 2; and see Kingston's case (1 Ridg. 384,
 * Bacon, " Certayne articles touching the Union of Engl, and Scotl. ,"
 * St. 1656, c. 24. Cp. d'Israeli, "Cur. of Lit." ("Building in the
 * Carey, "The present state of Engl.:" Jones, "Every man's case,"