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so that of Treslian and Belknarp, with others their Fellows who were all Atrainted by Act of Parliament, 2d of Richard II. which was afterward confirmed by the ift of Hen. IV. A Man would think that thefe cannot be forgotten; but as the case stands, their Memories are to be refresht by condign punishment, and they very well deserve it; for my Lord Coke in the fourth part of his Institutes, says, chap. 13. That when particular Courts fail of Justice, the General Courts shall. give remedy: Necuriæ Regis deficerent in Juftitim exhibenda : So that what a condition are we in when those Judges that are to relieve against the injustice or delay of Inferiour Courts; do turn Merchants of the Law, and will not do right; for when they are corrupt, how shall we escape, but all Inferiour Courts will follow their Example; therefore in my opinion this Matter ought to be searcht into; and if there prove such faults as are complained of, we can do no less but punish the Offenders, and prevent the like for the future least we otherwise feem to countenance their actions ; for if we do not punish them, we approve of them : From which, Good Lord deliver
And now I am speaking of Judges and their mil. behaviour , give me leave to acquaint you with the grievance of the County for which I serve in relation to our Judge or Chief Justice:
The County for which I ferve is Cheshire, which is a County Palatine, and we have two Judges peculiarly assign'd us by His Majesty: Our Puisne Judge I have nothing to lay against him, for he is a very honest 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 fày will appear more probable: His Name is Sir Georgie Fefferies, who I must say behaved himself more like a Jack-Pudding, than with that gravity that beseerns a Judge; He was mighty Witty upon the Prisoners at the Bar, he was
very full of his Joaks upon People that canye to give Evidence ; not suffering them to declare what they had to say in their own way and method, but would interrupt them, because they behaved themfelves with more gravity than he and in truth, the People were strangely perplexed when they were to give in their Evidence; but I do not insist
upon this, nor upon the late Hours he kept up and down our City; It s said he was every Night drinking till Twoa 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 bless God I am not a Man of his Princi. ples or Behaviour ; but in the Mornings he appear'd with the Symptoms of a Man that over Night had taken a large Cup.
Bur that which I have to say is the Complaint of every Man, especially of them whc had any Law Suits. Our Chief Justice has a very Arbitrary Power, in appointing the Assize when he pleases; and this Man has strained it to the highest point; For whereas we were accustomed to have Two Aflizes, the first about. April. or May, the latter about September ; It was this Year, the middle (as I remember) of August before we had any Aslize; and then he dispatcht business so well, that he left half the Causes untryed, and to help the matter, has resolved that we shall have no more Alizes this Year.
These things I hope are just cause of Complaint : It cannot be suppofed that people can with ease or delight be in expectation so long as from May till August to have their Causes determined; for the notice he gave was very short and uncertain.
And I beg you is it not hard for them that had any Tryals; to fee Councel, be at the charge of bringing Witnesses, 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 Causes heard : This was the case of most people the last Aslize.
Some Observations on the Prince
of Orange's Declaration, in a Charge to the Grand Jury.
which befall inankind would be prevented, did they but keep in mind and feriously consider, the most remarkable things which happen to them; for then they would not (as is every day seen ) neglect so many advantageous opportunities which by Providence is put into their hands, nor split so often upon the same Rock. For so apt are men to forget even things of the the greatest moment, that it is become a common saying, That there is not any thing that is more than a nine days wonder: which does suficiently express the giddiness and want of consideration in Men: Of which there never was a more pregnant in- , Itance, than is to be observed in England at this time : For tho the late Revolution was as remarkable as any thing could be, both for the matter as well as for the manner of it, yet it seems to be as much out of peoples thoughts, as if no such thing had happened to us.
It is a great unhappiness that no more notice is taken of it, and it would yet be a greater misfortune, if we make no more advantage of it, than yet we have done : and since it does so much concern us to carry it in our thoughts, I hope I shall not mispend your time, whilst I give you a fhort account of the occasion that fent K. J. a
and for what reason his present Majesty, the then Prince of Orange, was placed on the Throne.
I believe you may remember how much the greater part of the Nation was alarm’d, when it was known that the Duke of York had declared himself a Papist, by reason of the fatal effects it would have upon our Religion and Liberty, if in case he should come to the Crown: And the Parliament being no less sensible of this threatning danger, made several attempts to exclude him from the Crown by Act of Parliament ; which was the cause wherefore so many Parliaments one on the neck of another, in the latter end of Charles the 11. 's time proved Abortive, for when the Court could not by any other Artifice keep off the Bill of Exclusion, that Parliament was dissolved, and another called, in hopes to find it of another temper ; but perceiving that every Parliament began where the other left off of that Scent, King Charles took leave of Parliaments for the rest of his time: And then all those who had been for the Bill of Exclusion, were loaded with all manner of reproaches, and amongst other