Anno 33 Car.II. will not live at peace with us, let us put it out of their power to hurt us.

1681.

Of the Corrup tion of Judges.

If they muft live amongst us, and have their Eftates, I fhall humbly propofe that we may know them; let them wear a particular Habit, or carry fome Mark whereby they may be diftinguifhed from the reft of the Nation: In Rome the Whores wear a peculiar Garb: In the time of a Plague we fet a Mark upon the Houfe that is infected; and fhall thefe People have none, who are the peft of the Land? It is to them that we owe all our Difquiet; and let us know how to avoid them: I cannot think of any other way how to be fecure against them; we have no great Benefit by convicting of them; Kiffing goes fo much by favour, and they are fo tender a place, that this Man and the other is picked out to be exempted from the Penalty of the Law; there is fuch picking, that few are left: These are my Thoughts, and if any thing I have propofed may be of ufe, I am very glad of it; if not, I hope I fhall have your Pardon for troubling of you."

There is not under the Sun a better, if fo good a Government as ours: But the beft-conftituted Government in the World is fubject to one great Fatality, and that is, whatever Benefit we have by the Law, at least most of the Privileges we enjoy by it, depend upon the Will and Pleafure of thofe who are to fee to the Execution of the Laws: For Laws that are not put in execution are vain and empty things, fignifying nothing; for Execution is the Life of the Law, and without that they are a dead Letter: Laws · unexecuted are not far unlike to a Gun, which if rightly used is a Weapon of great Defence, but otherwife of no great ufe; and if it be charged, it may do much mischief, unless it be levelled at the right Mark: So our Laws, if they are not executed, what Advantage arifes to us more than from wafte Paper? And if they are made use of, yet if they are not directed to their proper End, they may hurt those they ought not: So that it is out of doubt that they who are entrusted with the Execution of the Laws, it is an indifpenfable Duty incumbent on them, that they take care not only that the Laws be duly put in execution, but alfo that they pursue their proper End and Defign; in fhort, that neither the Innocent be condemned, nor the Guilty acquitted; therefore the Execution of the Law is fo clear and undoubted a Right of every Subject, that no Power whatever can difpenfe with it: And they whofe duty it is to fee it done, if they either pervert or hinder the Law from having its courfe, are highly criminal, and ought to be called to a ftrict account about it.

• Having

1681.

Having faid this, I will in the firft place tell you fome- Anno 33 Car.II. thing of the Law in this cafe, and next give you fome account of the Practice of our Judges and other Officers of Juftice, and then let any Man fay if he can, whether the Nation at this day has not great caufe to complain.

( Currat Lex, Fiat Juftitia, is the Life and End of our Government, and when the Law has not its courfe, and Juftice is not done, then there is a Diffolution of it: And he that will perufe my Lord Coke's Expofition upon Magna Charta, fhall find that it is a fundamental and ancient Right of the Subject, that Juftice is not to be delayed or denied.

In the fecond Part of my Lord Coke's Inftitutes, the 11th Chap. on Magna Charta, he tells us, left any Party that hath Right fhould be without Remedy, or that there fhould be a Failure of Juftice, therefore Statutes are always fo to be expounded, that there fhould be no Failure of Juftice, but rather than that fhould fall out, that Cafe (by Conftruction) fhould be excepted out of the Statute.

In the 29th Chap. on Magna Charta, nulli negabimus aut differemus juftitiam vel rectum, and that by no means Common Right or Common Law fhould be difturbed, or delayed, no, though it be commanded under the Great Seal, or by any Command whatfoever, either from the King, or any other, and this is backed or feconded by a Statute made the fecond of Edw. III. Chap. S. which fays thus, That it shall not be commanded by the Great Seal, nor the Little Seal, to disturb or delay Common Right: And though fuch Commandments do come, the Juftices fhall not therefore leave to do right in any point.

In his 2d Chap. on the Statute of Gloucefter, he calls Delay the great Enemy to Juftice: In his 24th Chap. on Westminster 2d. Ne querentes recederent a curia fine remedio: And that is fupported by a Statute made the 13th of Ed ward I. Chap. 50. where it tells us, that no Man fhall de part from the King's Court without Remedy.

In the 25th Chap. on Weftm 2d. Dominus rex voluntatem babens ut celeris fiat juftitia: And the Reafon hereof is given, for expedit reipublice ut fit finis litium.

And by a Statute made the 9th of Hen. III. Chap. 29. It is enacted that Juftice fhall not be denied or deferred: Therefore having faid this, I think I need fay no more to prove that Juftice or Right is not to be fold, denied, or delayed; and let any Man deny if he can, whether our Judges have not tranfgreffed in all thefe? Has not Juftice been fold and perverted; Witnefs the Acquittal of Sir George Wakeman, Sir Thomas Gafcoines, and Mrs. Cellier? Has not Juftice been denied? Witnefs the abrupt difiniffing of the Grand-Jury, when an Indictment was to have been gi TOME II.

Y

ven

1681.

Anno 33Car. II. ven in to have proved the Duke of York a Papift; and to prevent that great Service to the Nation, the Jury was dif miffed, notwithstanding they had feveral other Bills of Indictment in their hands; by which Juftice was not only delayed, but denied: And how many Inftances, more are there of this kind; nay, the Contagion has fpread fo far, that it is more difficult to find a Cafe without thefe, or fome of them, than to produce Multitudes of Cafes where Juftice has been fold, denied, or delayed: So that our Judges have been very corrupt and lordly, taking Bribes, and threatning Juries and Evidence; perverting the Law to the highest degree, turning the Law upfide down, that arbitrary Power may come in upon their Shoulders: The Cry of their unjust Dealings is great, for every Man has felt their Hand, and therefore I hope their Punishment will be fuch as their Crimes deferve, that every Man may receive fatisfaction.

And

"Its fo long fince King Alfred's time, that poffibly what was then done is out of their thoughts; for my Lord Coke in the third Part of his Inftitutes, Chap. 101, makes mention of a great many Judges who were hanged in one Year for falfe judgment in King Alfred's time; and if we look into the Punishment of a corrupt Judge, which is recited by him in the 224th Page, it may be fufficient to deter any Judge (who has either any Chriftianity or Morality) from offending in the Discharge of his Truft; but it may be fome wonder that they have forgotten what happened in the 24th of Edward III. concerning William Thorp Chief Juftice, what a fevere Punishment he underwent for Bribery; all which may be seen at large in Page 223, 3d Part. alfo that of Trefilian and Belknap, with others their Fellows who were all attainted by Act of Parliament, 2d of Richard II. which was afterward confirmed by ift of Henry iv. A Man would think that thefe cannot be forgotten; but as the cafe ftands, their Memories are to be refreshed by condign Punishment, and they very well deferve it; for my Lord Coke in the fourth Part of his Inftitutes, fays, Chap. 13. That when particular Courts fail of Juftice, the general Courts fhall give Remedy: Ne curia regis deficerent in juftitia exhibenda: So that what a condition are we in, when thofe Judges that are to relieve against the Injustice or Delay of inferior Courts, do turn Merchants of the Law, and will not do right; for, when they are corrupt, how fhall we efcape, but all inferior Courts will follow their Example; therefore in my opinion this Matter ought to be fearched into; and if there prove fuch Faults as are complained of, we can do no less than punish the Offenders, and prevent the like for the future, left we otherwise seem to countenance their Actions; for if we do not punish them,

We

we approve of them: From which, good Lord, deliver Anno 33 Car.II.

us.

And now I am speaking of Judges and their Misbehahaviour, give me leave to acquaint you with the Grievance of the County for which I ferve, in relation to our Judge or Chief Juftice.

The County for which I ferve is Chefhire, which is a County Palatine, and we have two Judges peculiarly af figned us by his Majefty: Our puifne Judge I have nothing to fay against, for he is a very honeft Man for ought I

know.

But I cannot be filent as to our Chief Judge, and I will name him, because what I have to fay will appear more proable: His Name is Sir George Jefferies, who, I must say, behaved himself more like a Jack-Pudding, than with that Gravity that befeems a Judge; he was mighty witty upon the Prisoners at the Bar, he was very full of his Jokes upon People that came to give Evidence; not fuffering them to declare what they had to fay in their own way and method, but would interrupt them, because they behaved themselves with more Gravity than he; and in truth the People were ftrangely perplexed when they were to give in their Evidence; but I do not infift upon this, nor upon the late Hours he kept up and down our City; it's faid he was every Night drinking till two a clock, or beyond that time, and that he went to his Chamber drunk; but this I have only by common Fame, for I was not in his Company; I blefs God I am not a Man of his Principles or Behaviour; but in the Mornings he appeared with the Symptoms of a Man that over Night had taken a large Cup.

But that which I have to fay is the Complaint of every Man, especially of them who had any Law-Suits. Our Chief-Juftice has a very arbitrary Power, in appointing the Affize when he pleases; and this Man has ftrained it to the highest point; for whereas we were accuftomed to have two Affizes, the first about April or May, the latter about September; it was this Year, the middle (as I remember) of Auguft before we had any Affize; and then he difpatched Bufinefs fo well, that he left half the Caufes untried; and to help the Matter, has refolved that we shall have no more Aflizes this Year.

These things I hope are juft caufe of Complaint: It cannot be fuppofed that People can with eafe or delight be in expectation, fo long as from May till Auguft, to have their Caufes determined; for the notice he gave was very fhort and uncertain.

And I beg you, is it not hard for them that had any Trials, to fee Counfel, be at the Charge of bringing Witnef Y 2

fes,

1681.

1681.

Anno 33 Car.II. fes, and keep them there five or fix Days; to spend their Time and Money, and neglect their Affairs at home; and when all is done, go back and not have their Caufes heard ? This was the cafe of moft People the last Affize.'

Anno 1 Jac. II. 1685.

Parliaments.

Lord Keeper

F

ROM the Diffolution at Oxford, March 28, 1681, to the Death of Charles II. which happened Feb. 6, 1684-5, Parliaments feem hardly to be thought of: But being necef fary to his Succeffor, one was fummon'd to meet at Weftminfter May 19, when His Majefty being come to the Houfe of Peers, commanded the Gentleman-Ufher of the Black-Rod (viz. Sir Thomas Duppa Knight) to acquaint the Houfe of Commons, that 'tis His Majefty's Pleasure they attend him immediately, who being come to the Bar of the Lords Houfe, Sir Francis North, Baron of Guilford, and Lord Keeper of the Great Seal of England, having firft received His Majefty's Pleasure, fpoke to this Effect.

ཟླ་ལས་

My Lords, and you, the Knights, Citizens, and BurNorth's Speech. geffes of the Houfe of Commons, I am Commanded by His Majefty, to acquaint You, that there are divers Preliminaries for You to do, and feveral Oaths required by Act of Parliament, for us all to take, before you can proceed to Bufinefs. It is therefore His Majefty's Pleafure, that you, Gentlemen of the Houfe of Commons, do go back to your Houfe, and make choice of a Speaker, and come and prefent him to His Majefty at Four of the Clock, and when you have done that, and taken the ufual Oaths, His Majefty will then acquaint you with the Reasons why he call'd you together.'

The Commons being returned to their own Houfe, my Lord Middleton named Sir John Trevor, as a fit Perfon for their Speaker; and one that would be acceptable to His Sir John Trevor Majefty; whereupon the Commons unanimously made Choice chofen Speaker. of Sir John Trevor, who took the Chair, and the House adjourned 'till Four of the Clock.

Poft Meridiem. His Majefty being again feated on his Royal Throne, adorn'd with the Royal Ornaments, &c. fent the Ufher of the Black-Rod, to command the Commons to attend him immediately in the Houfe of Lords; where being come, the Commons prefented Sir John Trevor, whom they had unanimoufly chofe their Speaker. Sir John endeavoured to excufe himself to His Majefty, as being not capable of undertaking a Place of that great Weight and Importance, as the Office of a Speaker requires; but the Excufe not being allowed, the Lord Keeper, by His Majefty's Command, ratified and confirmed him Speaker; adding, that His Majefty was well fatisfied of his Expe