The History of England in Three Volumes, Vol. I., Part B.: From Henry III. to Richard III.
David Hume · en
But the chief advantage which the people of England reaped, and
still continue to reap, from the reign of this great prince, was the
correction, extension, amendment, and establishment of the laws which
Edward maintained in great vigor, and left much improved to posterity;
for the acts of a wise legislator commonly remain, while the acquisition
of a conqueror often perish with him. This merit has justly gained to
Edward the appellation of the English Justinian. Not only the numerous
statutes passed in his reign touch the chief points of jurisprudence,
and, according to Sir Edward Coke,[*] truly deserve the name of
establishments, because they were more constant, standing, and durable
laws than any made since; but the regular order maintained in his
administration gave an opportunity to the common law to refine itself,
and brought the judges to a certainty in their determinations, and the
lawyers to a precision in their pleadings. Sir Matthew Hale has remarked
the sudden improvement of English law during this reign; and ventures
to assert, that till his own time it had never received any considerable
increase.[**] Edward settled the jurisdiction of the several courts;
first established the office of justice of peace; abstained from the
practice, too common before him, of interrupting justice by mandates
from the privy-council;[***] repressed robberies and Edward enacted a
law to this purpose; but it is doubtful whether he ever observed it. We
are sure that scarcely any of his successors did.
* Institute, p. 156.
** History of the English Law, p. 158, 163.
*** Articuli super Cart. cap. 6., Letters of protection were
the ground of a complaint by the commons in 3, Edward (See
Ryley, p. 525.) This practice is declared illegal.
The multitude of these disorders[*] encouraged trade, by giving
merchants an easy method of recovering their debts;[**] and, in
short, introduced a new face of things by the vigor and wisdom of his
administration. As law began now to be well established, the abuse
of that blessing began also to be remarked. Instead of their former
associations for robbery and violence, men entered into formal
combinations to support each other in lawsuits, and it was found
requisite to check this iniquity by act of parliament.[***]
There happened in this reign a considerable alteration in the execution
of the laws: the king abolished the office of chief justiciary,
which, he thought, possessed too much power, and was dangerous to the
crown;[****] he completed the division of the court of exchequer into
four distinct courts, which managed each its several branch, without
dependence on any one magistrate; and as the lawyers afterwards invented
a method, by means of their fictions, of carrying business from one
court to another, the several courts became rivals and checks to each
other; a circumstance which tended much to improve the practice of the
law in England.
* Statute of Winton.