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CONTENTS OF THE FIRST VOLUME.
CHAPTER I.
LIVES OF THE CHIEF JUSTICES FROM THE CONQUEST TO THE REIGN OF
EDWARD I.
Origin and Functions of the Office of Chief Justiciar, or Chief Justice, of
England, Page 1. Odo, the first Chief Justiciar, 4. His Birth, 4.
He accompanies William the Conqueror in the Invasion of England, 5.
He is appointed Chief Justiciar, 6. Cause tried before him, 7. His
Quarrel with the King, 8. He is liberated from Imprisonment, 9.
He conspires against William Rufus, 10. He is banished from
England, 12. His Death, 12. William Fitz-Osborne Chief Justiciar,
13. William de Warrenne and Richard de Benefacta Chief Justiciars,
14. William de Carilefo Chief Justiciar, 16. Flambard Chief
Justiciar, 17. First Sittings in Westminster Hall, 17. Roger,
Bishop of Salisbury, Chief Justiciar, 18. Ralph Basset Chief
Justiciar, 19. Prince Henry (afterwards Henry II.) Chief Justiciar,
19. Richard de Luci Chief Justiciar, 20. Robert, Earl of Leicester,
Chief Justiciar, 21. Ranulfus de Glanville, 22. His Birth, 22. He
is Sheriff of Yorkshire, 23. He takes William the Lion, King of
Scots, Prisoner, 23. How the News was received by Henry II., 25.
Glanville made Chief Justiciar, 27. Glanville as a Law Writer, 29.
Preface to Glanville's Book, 30. Mode of Trial by Grand Assize or
by Battle, 31. Glanville's Conduct to the Welsh, 34. Glanville's
Prohibition in the Suit between Henry II. and the Monks of Canter-
bury, 35. A new Crusade, 37. Glanville takes the Cross, 38.
Glanville is killed at the Siege of Acre, 40. Hugh Pusar, Bishop of
Durham, Chief Justiciar, 40. His licentious youth, 41. His meri-
torious middle age, 41. His seven years of Blindness, 42. His
Death, 43. William Longchamp, 43. Walter Hubert, Archbishop
of Canterbury, Chief Justiciar, 44. Case of William-with-the-Long-
Beard, 44. Hubert deposed from the Justiciarship, 47. Geoffrey
Fitzpeter Chief Justiciar, 47. Trial of the Case of Fauconbridge v.
Fauconbridge, 49. Peter de Rupibus, 51. Peter de Rupibus in
favour with Henry III., 51. He takes the Cross, 53. He gains a
Battle for the Pope, 54. His Death, 54. Hubert de Burgh, 54.
Hubert de Burgh under Richard I., 55. His Character by Shaks-
peare, 55. Hubert de Burgh appointed Chief Justiciar for life, 58.
Hubert removed from his office of Chief Justiciar, and takes to
Sanctuary, 59. He is confined in the Tower of London, 61. Death
of Hubert de Burgh, 62. Stephen de Segrave, 46. Obscure Chief
Justiciars, 65. Hugh Bigod Chief Justiciar, 65. Hugh le Despencer
Chief Justiciar, 67. Death of Hugh le Despencer, 69. Philip Basset
Chief Justiciar, 70. His Death, 71. Whether Simon de Montfort
was ever Chief Justiciar? 71. Henry de Bracton Chief Justiciar, 73.
Bracton's Book, "De Legibus et Consuetudinibus Angliæ," 74. First
Chief Justice who acted merely as a Judge, 75. Lord Chief Justice
Bruce, 76. Origin of the Bruces, 76. Scottish Branch of the Bruces,
77. Birth of the Chief Justice, 78. He is educated in England, 78.
He is a Puisne Judge, 78. He is taken Prisoner in the Battle of
Lewes, 78. He is made Chief Justice, 79. He loses the Office on the
Death of Henry III., 79. He returns to Scotland, 80. He is a Com-
missioner for negotiating the Marriage of the Maid of Norway with
the Son of Edward I., 80. On her Death he claims the Crown of
Scotland, 81. He acknowledges Edward I. as Lord Paramount of
Scotland, 81. Decided against him, 82. His Death, 82. His
Descendants, 82.
CHAPTER II.
THE LIVES OF THE CHIEF JUSTICES FROM THE ACCESSION OF EDWARD I.
TO THE APPOINTMENT OF CHIEF JUSTICE TRESILIAN.
Judicial Institutions of Edward I., 83. Ralph de Hengham Chief
Justice of the Court of King's Bench, 85. His Origin, 85. His
Progress in the Law, 85. Law Books composed by him, 86. He is
appointed Guardian of the Kingdom, 88. He is charged with Bribery,
88. Convictions of the Judges, 89. De Hengham is fined 7000
Marks, 89. Opinions respecting him in after-times, 90. He is
restored to public Employment, 91. His Death, 91. De Weyland
Chief Justice of the Common Pleas, 91. His Conduct, 91. He
absconds in Disgrace, 91. His Punishment and Infamy in after-
times, 92. De Thornton Chief Justice of King's Bench, 93. Roger
le Brabaçon, 93. He is employed by Edward I. in the Dispute about
the Crown of Scotland, 94. His Address to the Scottish Parliament,
95. He assists in subjecting Scotland to English Jurisdiction, 96.
He is made Chief Justice of the King's Bench, 97. His Speech at
the Opening of the English Parliament, 98. His Death, 99. Sir
William Howard, qu. whether a Chief Justice? 99. Henry le Scrope,
101. Summoned to the House of Lords, 101. Chief Justice of the
King's Bench, 102. Henry de Staunton Chief Justice of the King's
Bench, 102. Ballad on Chief Justice Staunton, 104. Sir Robert
Parnyng, 105. Sir William de Thorpe, 105. His professional
Progress, 105. He is made Chief Justice of the Court of King's
Bench, 106. His Addresses to the two Houses of Parliament, 106.
He is charged with Bribery, 107. He is found guilty: qu. whether
he was sentenced to death? 107. Sir William Shareshall Chief
Justice of the King's Bench, 109. His Addresses to both Houses of
Parliament, 109. Sir Henry Green, 111. Sir John Knyvet, 111.
Sir John de Cavendish, 111. His Origin. 111. He is made Chief
Justice of the King's Bench, 111. He is put to death in Wat Tyler's
Rebellion, 112. His Descendants, 113.
CHAPTER III.
CHIEF JUSTICES TILL THE DEATH OF SIR WILLIAM GASCOIGNE.
Sir Robert Tresilian, 114. He is made a Puisne Judge of the Court of
King's Bench, 114. Chief Justice of the King's Bench, 115. His
Plan to enable Richard II. to triumph over the Barons, 116. The
Opinion of the Judges on the Privileges of Parliament, 116.
Measures prompted by Tresilian against the Barons, 119. The
Barons gain the Ascendency, 119. Tresilian prosecuted for High
Treason, 120. He absconds, 121. Proceedings in Parliament, 121.
Tresilian attainted, 123. He comes to Westminster in Disguise,
123. He is discovered, apprehended, and executed, 124. His Cha-
racter, 127. Sir Robert Belknappe, 128. His Family, 128. He
is made Chief Justice of the Common Pleas, 129. The Manner in
which he was coerced into the giving of an illegal Opinion, 129. He
is arrested and convicted of High Treason, 130. Judges attainted of
High Treason, 131. The Sentence commuted for Transportation to
Ireland, 132. He is allowed to return to England, 133. His Death,
134. Sir William Thirnynge, 134. Chief Justice of the Common
Pleas, 135. Justification of the part he took in the Deposition of
Richard II., 135. He is appointed to carry to Richard II. the Re-
nunciation of the Allegiance of the Nation, 138. The account of
the Manner in which he executed this Commission, 139. He acts as
Chief Justice under Henry IV., 141. His Death, 142. Sir William
Gascoigne, 143. His Origin and Education, 143. His Success at the
Bar, 143. He is appointed Attorney to represent Bolingbroke, after-
wards Henry IV., 144. His Proceedings in this capacity on the
Death of John of Gaunt, 144. He is appointed Chief Justice of the
King's Bench, 145. His Refusal to try a Prelate and a Peer, 146.
Story of his committing the Prince of Wales to Prison; qu. whether
it be authentic? 148. When and where first mentioned, 149. Story
as related by Sir Thomas Elyot, 150. Represented on the Stage, 152.
How the Story is treated by Shakspeare, 153. Refutation of the
Claims of other Judges, 155. Merit of Sir W. Gascoigne in this
transaction, 156. Sir William Gascoigne's Law Reforms, 157. Curious
Case in which he acted as an Arbitrator, 159. Refutation of the
Assertion that he died in the Reign of Henry IV., 159. His Will,
160. His tomb and Epitaph, 162.
CHAPTER IV.
CHIEF JUSTICES TILL THE APPOINTMENT OF CHIEF JUSTICE FITZ-
JAMES BY KING HENRY VIII.
Sir William Hankford, 163. His ingenious Suicide, 163. His Monu-
ment and Epitaph, 164. Obscure Chief Justices passed over, 165.
Sir John Fortescue, 165. Sir John Markham, 166. His professional
Progress, 166. He is a Puisne Judge, 166. He is appointed Chief
Justice of the King's Bench, 167. His Conduct on the Trial of Sir
Thomas Cooke, 168. He is dismissed from his Office, 169. His
Death, 169. His Character, 170. Sir Thomas Billing, 170. His
obscure Origin, 170. He starts as a Lancastrian, 171. He is made
King's Serjeant, 171. He goes over to the Yorkists, 172. He is
made a Puisne Judge, 173. Trials for Treason before him, 173.
He is made Chief Justice of the King's Bench, 174. Trial of Rex v.
Burdet, 175. Billing again a Lancastrian, 178. Billing again a
Yorkist, 179. His Conduct on the Trial of the Duke of Clarence, 180.
His Death, 181. Sir John Hussey, 182. His legal Studies, 182.
He is made Attorney General, 182. He is made Chief Justice of the
King's Bench, 183. His Submission to Richard III., 184. He is
continued in his Office by Henry VII., 185. His Death, 187. Sir
John Fineux, 187. Tripartite Division of his Life, 187.
CHAPTER V.
CHIEF JUSTICES TILL THE APPOINTMENT OF CHIEF JUSTICE POPHAM
BY QUEEN ELIZABETH.
Sir John Fitzjames, 189. His early Intimacy with Cardinal Wolsey, 190.
He is made Attorney General, 190. He conducts the Prosecution
against the Duke of Buckingham, 190. He is made a Puisne
Judge, 191. Chief Justice of the King's Bench, 191. His base
Conduct on the Fall of Wolsey, 191. Fitzjames assists in drawing
up the Articles of Accusation against Wolsey, 193. Fitzjames con-
demns to death Protestants and Roman Catholics, 194. Trial of
Bishop Fisher, 195. Trial of Sir Thomas More, 197. Trial of Anne
Boleyn and her supposed Gallants, 198. Death of Fitzjames, 199.
Sir Edward Montagu, 200. His Family, 200. His professional
Progress, 201. He is returned to the House of Commons: how a
Leader of Opposition was dealt with by Henry VIII., 201. Grand
Feast when Montagu was called Serjeant, 202. He is made Chief
Justice of the King's Bench, 203. Pleasures and Discomforts ex-
perienced by him, 203. Gives an Opinion on the Invalidity of the
King's Marriage with Anne of Cleves, 204. His Opinion on the
Proofs against Catherine Howard, 204. He exchanges his Office for
the Chief Justiceship of the Common Pleas, 205. His Conduct on
the Trial of the Duke of Norfolk, 207. He is employed to make the
Will of Edward VI. in favour of Lady Jane Grey, 208. He loses his
Office on the Accession of Queen Mary, 209. His Death, 210. The
Five obscure Chief Justices of the King's Bench, 211. Sir James
Dyer, Lord Chief Justice of the Common Pleas, 211. Latin
Verses in his Praise, 211. His Origin and Education, 212. His
early Genius for Reporting, 212. His Merits as a Reporter, 213,
He is Speaker of the House of Commons, 213. He is made
Queen's Serjeant, 214. He conducts the Prosecution against Sir
Nicholas Throckmorton, 214. He is made a Puisne Judge, 217.
Chief Justice of Common Pleas, 217. His Reports, 218. Case
on the Marriage of Minors, 219. Case on the Benefit of Clergy,
220. Cases on the Law of Villeinage, 220. His Conduct on the
Trial of the Duke of Norfolk, 223. Charge against him for arbi-
trary Conduct as Judge of Assize, 225. His Death, 226. Publica-
tion of Reports, 227. Sad Fate of the Last of his House, 228. Sir
Robert Catlyne Chief Justice of the King's Bench, 228. His Descent
from Cataline the Conspirator, 228. Feast when he was called
Serjeant, 229. He is made a Puisne Judge, 231. Chief Justice, 231.
He assists at the Trial of the Duke of Norfolk, 231. Qu. whether
the fact of a Witness being a Scot renders him incompetent, or only
goes to his credit? 232. Chief Justice Catlyne passes Sentence on
Hickford, 234. His Death and Burial, 236. His Descendants, 236.
Sir Christopher Wray, 236. His doubtful Parentage, 236. He is a
Serjeant-at-Law, 237. He is Speaker of the House of Commons, 237.
He is made Chief Justice of the King's Bench, 240. He tries
Campion the Jesuit, 240. Trial of William Parry for Treason, 242.
Wray presides in the Star Chamber on the Trial of Secretary
Davison, 243. Trial of the Earl of Arundel, 245. Death of Chief
Justice Wray, 245. His Character, 245.
CHAPTER VI.
CHIEF JUSTICES FROM THE DEATH OF SIR CHRISTOPHER WRAY
TILL THE APPOINTMENT OF SIR EDWARD COKE BY JAMES I.
Sir John Popham, 247. His Birth, 247. At Oxford, 248. His
Profligacy when a Student in the Temple, 248. He takes to the
Road, 248. He reforms, 249. His professional Progress, 250.
He is made Solicitor-General, and Speaker of the House of Commons,
251. His address to the Queen at the end of the Session, 253.
He becomes Attorney-General, 253. Proceeding in the Star
Chamber on the Death of the Earl of Northumberland, 254. Tilney's
Case, 255. He prosecutes Secretary Davison for sending off the
Warrant for the Execution of Queen Mary, 257. Popham is made
Chief Justice of the King's Bench, 259. His gallant Conduct in
Essex's Rebellion, 260. Essex's Trial, 260. Trial of Essex's
Accomplices, 261. Sir Walter Raleigh tried before Popham,
263. Practice of putting Questions to the Prisoner in Criminal
Trials, 265. The Gunpowder Plot, 266. Trial of Garnet,
Superior of the Jesuits, 266. Death of Popham, 268. Legend
respecting the manner in which he acquired the Manor of Littlecote,
269. His Reports, 271. His Fortune, 271. Sir Thomas
Fleming, the Rival of Bacon, 272. His Laboriousness, 272. He is