The Archive · 1924

The Beginnings of

AMIXED COURT

Seventeenth Century -Englighman's Treaties in Its Bearing. on Shanghai To-day Prox Roowey Gruss, Peking, May 14.

In the year 1688 John' Seldé Esq., collected the manuscript notes of Nathaniel Bacon and made them into a book: with the following title: An Historieal and Political Discourse of the. Laws and-Government of England. The First Part, is from the fir times to the reign of Edward III, The original edition.is- not avai able, but in 1739 the fourth edition'of this scholarly work was reprinted "for Daniel Browne, at the Black Swan without Temple Bar; and Andrew Miller, head, over-against Church in the Strand."

The bulk of this book would interest. very few people in China in this day and age, but there is one Dela chapter in it which. Jo worsh reprinting at thi cular juncture "when the Chinese a having so much to say about the mixed court, In his discussion of franchises recognized by the Saxons, Nathaniel Bacon quotes what is undoubtedly—the most ancient precedent for such an i tit asthe Mixed Court, Chapter 28 of his huge work "Of the second Franchises, cal ed the Marches. Franchises of the place, were such as were limited within precinets of place, and anneed thereto; and of this sort first were those of the borders, of which those are the most ancient which bordered the Britons, now called the Marches of Wales, which was a peculiar Govern: ment, x0 far ay concerned administration of just for otherwise the subjects each of them submitted themselves to the service of their own prince. This was there: fore, a third, different and mixt Government, agreed upon jointly between the Britons and the Saxons®, who after a long and burdensome war (wherein both peoples. were well wearied) by degrees became friends, entered TraMfick, and into the' strictest societies by Marriage. Thus finding the sweetness of pence, they provide against future occasions of strife that might arise in commerce by the justling of two Laws ton gether; and agree in one law, and upon a certain nuntber of Judges elected by common consent, who were to see to the execution of these Jaws as joint Assessors. From these, as I conceive, arose those which are now called Lord Marchers, and were at the first 12 in number, viz. six Saxons and six Britons. It seemeth this form of Government was first inslitutel by Etheldred, and by way of prescription or etistom, continue th till this day: and as it was the birth. of truce, so for the future became both Mother and Nurse of pence between those two peoples, like the twilight between the day' and night, until both were brought under one head and by divine providence settled in a lasting way."

*"This agreement between the Britons and Saxons was very much promoted by' King Ina.

Text read from the printed page and cleaned; old type leaves the occasional error.

Your account