Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/670

 656 V. BENCH AND BAR took second place, but became Chief Justice again. Such is the remarkable record of this judicial maid-of-all-work. The one decision for which he is noted is a holding that an act of Parliament was invalid. Throughout the Year Books of the three Edwards, it is noticeable that the judges are uniformly selected from the leaders of the bar. If a serjeant appears in large practice, he is almost certain to appear later on the bench. So noticeable is this that there are few great lawyers who do not reach a judicial position. Simon de Trewithosa was evi- dently a Cornishman. He was in immense practice, was a Serjeant at law, but was never a judge. His statements of law are found in the Year Books quoted as of evident value. Another lawyer named Pole did not reach the bench. His practice was very large, and the singular fact is that he was not made even a serjeant at law. But such names as Howard, Lowther, Heyham, Hertford, Inge, Herle, Estrange, Westcote, Warrick, Passelcy, Lisle, Touthby, Wil- loughby, Malberthorpe, Mutford, the two Scropes, Friske- ney, Scotre and many others, show that professional emi- nence found a sure reward in a judgeship. No lawyer is elevated to the higher courts who is not a counsel in large practice. The judges are no respecters of persons. Magnate and serf are equal before the law. Beauchamp, Earl of War- wick, pleading his own case and showing considerable tech- nical knowledge, is treated like an ordinary counsel, Roger Bigot, Earl of Norfolk and Earl Marshal, son-in-law of the King, receives the same treatment as the humblest suitor. A poor man wrongly seized as a villein is given £100 dam- ages, a verdict equal to ten thousand dollars at the present day. Yet we see the law's delay, for four years elapsed between the awarding of the venire and the verdict. The judges are skilful, tactful men. In a case where the I plaintiffs failed in detinue of a charter on a variance, Bere- wick, the justice, said to the defendant: "What will this avail you? they can bring a new action and get it, so you may as well give it up," and the charter was surrendered. In another case Howard has reached a difficult place and refuses