Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/491

 U. ROBINSON: ANTICIPATIONS 477 I pass from the courts to the attorneys, barristers, and judges. The first, not long distinguished from the second, had multiphed with the increase of business, and, on the abohtion of arbitrary courts in 1641, those of them who had practised in these, and were called solicitors, flooded the Court of Chancery. There, though much of the work done by their modern representatives was then done by clerks of the court acting as the suitors' agents, they were very useful and very unpopular. The Commissioners of the Seals and Cromwell regulated both them and the clerks.^ They tried also to regulate counsel's fees,^ but (because these had risen naturally) without success. They did not perceive how much the Common-lawyers had strengthened their position by their action in the Rebellion. It was recommended in 1645 and 1649, and proposed in 1653, that no one practising at the bar should be a M. P.'^ That attempt to revive the Ordi- nance of 1372 would have been justified if the Lower House had sat as a law court; but, even so, had it not failed, it would have deprived the bar of those political instincts which may impair its scientific perfection, but, at leagt, keep it in the stream of national life. On one important point the Republicans were beyond their age. Parliament recommended Cromwell and his Council " to take some effectual advice with the judges for . . . reviving the readings in the several inns of court, and the keeping up of exercises by the students there."* Among the Equity judges and those of the Court of Probate and Administra- Vern. and Scr. 135), and Ormond's (St. 8 & 9 Will. iij. c. 5; 2 Bro. P. C. 256), and 2 T. R, 425, 705. They were perhaps created also by- patent as in Delacherois' case (11 H. L. C. 62). They had no freehold- ers nor copyholders. " Earle, " Miscrocosmographie " ("and aturney"): Clar. bk. 9: Hud- son, u. s.: J. Coke, "The Vindication," etc., p. 25: Orders in Beames: St. 1654, c. 44: Oglander, "Mem. of the Isle of Wight:" "Exam. Legg. Angl.," and Cock, u. s. of C.:" J. Coke, I. c: Clayton, "Reports and pleas of assises at Yorke," pref.: 6 Somers's Tracts, 184, 189: St. 1654, c. 44. 184. ♦Burton, "Diary," 1657, June 26: "Merc. Pol.," No. 309. Cp. 4 Rep. xviij., xix.: North, "Guilford," p. 22: Burnet, "Hale," etc., on "put-cases" and "mooters": Smith, 1 Jur. Soc. Pap., 385, foil.
 * " Some advertisements for the new election of burgesses for the H.
 * "Some advertisements," etc.: Whitelock, 430-3: 6 Somers's Tracts,