by the laity and could be competently administered by popularly elected
magistrates, holding court at frequent intervals in every county, without any
need for professional advocates. The third school of reformers consisted of
the Fifth Monarchist and other extreme sectaries, who believed that the
kingdom of Christ was in process of being established and that the only laws
fit to be observed in it were those contained in the Scriptures, whether in the
Mosaic code or the teachings of Christ. Incredible as it may seem, they really
were confident that these were ‘perfect and sufficient, and so large as the
wisdom of God judged needful for regulating judgement in all ages and
nations. For no action or case . . . possibly can fall out in this or other nations,
by sea or land, but the like did or possibly might fall out in the land of
Israel’.
13
This was of course the position of a minority, but it was a very vocal
minority, both inside and outside the House.
The moderate reformist party had a programme ready-made in the work of
the Hale Commission, which in the later days of the Rump had drafted fifteen
bills for specific reforms and a comprehensive act for a more general restruc-
turing of legal institutions and procedures.
14
The House chose its committee
‘for the business of the law’ on 20 July with particular care. Eight of its nine-
teen members had been called to the bar, two more had been attorneys, and
another was a specialist in Scottish law. Seven MPs had actually served on the
Hale Commission, and all were appointed to the committee. Six or seven of
its members could be categorized as radicals of one hue or another, but none
of these were extremists or Fifth Monarchy men. The committee took the
Hale Commission’s drafts as its starting-point, and two of them, including an
act for civil marriage, were passed with amendments into law. But radical
members were dissatisfied with the moderate tone and measured pace of the
committee’s work, and during August several developments coincided to
make them press for more drastic action. One was Lilburne’s challenge to the
law’s injustices, together with all the clamour and propaganda that accom-
panied his trial. Another was a debate on the Court of Chancery, which was
notorious for its slow and arcane processes and for the fees exacted by its
swollen body of officials and clerks; this ended in a vote in the House to abol-
ish the court outright, before deciding who or what should take over its func-
tions. A third was a set of charges that parliament heard on 17 August against
the Keeper of the Marshalsea, Sir John Lenthall, brother of the Speaker of
the Long Parliament. They were probably not all true, but they painted a
‘A Story of My Own Weakness and Folly’? 549
13
William Aspinwall, A Brief Description of the Fifth Monarchy (1653), p. 11, quoted in
Woolrych, Commonwealth to Protectorate, p. 264.
14
The adverse view of the Hale Commission’s work taken by older legal historians has been
radically revised, notably by Mary Cotterell in ‘Interregnum law reform’, English Historical
Review LXXXIII (1968), 689–704, and by Donald Veall, The Popular Movement for Law
Reform (Oxford, 1970). On the Nominated Parliament’s handling of law reform see Woolrych,
Commonwealth to Protectorate, esp. pp. 262–73, 291–9.
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