Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/656

 642 V. BENCH AND BAR them, Pateshull and Raleigh, have been canonized by Brac- ton's treatise. Bracton cites these two judges' decisions al- most as his sole authority. Other well-known judges of the time he notices merely to remark that they committed error, — not by any means a failing confined to mediaeval judges. The greatest of these lawyers, Martin de Pateshull, was a priest, — as was indeed Raleigh also, and Bracton himself. Pateshull's origin was humble, but he became a justice itin- erant in John's reign and for many years he vigorously per- formed his duties. One of his brother justices in a letter to the King plaintively begs to be excused from going the York circuit, " for," he says, " the said Martin is strong and in his labor so sedulous and practiced that all his fellows, especially William Raleigh, and the writer, are overpowered by the work of Pateshull, who labors every day from sunrise until night." The Raleigh just spoken of was Bracton's master. He managed to survive Pateshull, and succeeded him as head of the court. He first served as Pateshull's clerk ; his high character is shown by his election over the King's uncle to the rich see of Winchester. Raleigh was ingenious in devising many new writs, and his name is of frequent occurrence in the Register of Writs. The bravery of these judges in the performance of their duties is shown by a characteristic story. Fawkes de Breaute, a powerful baron and noted swashbuckler of the time, had so oppressed his neighbors that they proceeded against him in the king's court. Three judges, Pateshull, Multon and Braybroc, went up from London to try the cases at Dun- stable. Thirty verdicts were found against Fawkes and large fines imposed in all the cases. He was so incensed that he sent his followers under his brother's leadership to seize the judges. He captured and imprisoned one of the court; but this conduct called out the royal power, then wielded by Hubert de Burgh. The brother and thirty of Fawkes' re- tainers were hanged, but he himself escaped to lifelong exile. Other judges like Hubert de Burgh, Thomas de Multon, Hugh Bigot, Earl of Norfolk, Humphrey de Bohun, Earl of Hereford, must be passed over. But Robert de Bruce