10-10-45-
Newman
Gen.

CONTENTS

OF

THE SECOND VOLUME.

CHAPTER XIX.

CHIEF JUSTICES FROM THE RESIGNATION OF SIR MATTHEW HALE TILL THE

APPOINTMENT OF JEFFREYS.

State of the Times, Page 17. SIR RICHARD RAYNSFORD, 17. His early Career,

17. He is made a Baron of the Exchequer, 18. A Puisne Judge of the King's

Bench, 18. Chief Justice, 18. He decides the great Case of Privilege on the

Commitment of Lord Shaftesbury, 18. He is removed from his Office, 18. His

Death, 19. His Epitaph, 19. Contrast between Raynsford and his Successor,

SCROGGS, 19. Story that Scroggs was the Son of a Butcher, 20. His true Pa-

rentage, 20. He carries Arms as a Cavalier, 21. He studies Law, 21. He

becomes a Serjeant, 21. He is arrested for Debt, 21. He is introduced to

Charles II., 22. He is made a Puisne Judge of the Common Pleas, 22. He

undermines Lord Chief Justice Raynsford, 22. He is made Chief Justice of

the King's Bench, 23. The part taken by him respecting the Popish Plot, 23.

Murder of Stayly, the Roman Catholic Banker, 23. Others Murders committed

by Scroggs, 24. Trial of a Popish Priest, 24. Scroggs changes Sides, 25.

He procures the Acquital of Sir George Wakeman, 26. Attacks on Chief Jus-

tice Scroggs, 26. Eloquent Speech by him in his own Vindication, 26. Acquit-

tal of the Earl of Castlemaine; and of Mrs. Cellier, 27. Dialogue with

Dangerfield, 28. Ingenious Scheme to extinguish the Liberty of the Press, 28.

Scroggs frustrates the Attempt to indict the Duke of York as a Popish Re-

cusant by discharging the Grand Jury, 29. Charges against Scroggs before

the King in Council, 29. He is acquitted, 30. Proceedings against him in the

House of Commons, 30. Articles of Impeachment carried up to the Lords, 31.

He is saved by the sudden Dissolution of Parliament, 31. Reasons for cashier-

ing him, 31. He is cashiered, 31. He retires into the Country, 32. His Death,

32. His Character, 32.

CHAPTER XX.

LIFE OF LORD CHIEF JUSTICE PEMBERTON.

Glance at the Career and Character of SIR FRANCIS PEMBERTON, 33. His Origin

and Education, 33. At Cambridge, 34. He is entered at the Temple, 35.

274473

His profligate Mode of Life, 35. He wastes his Patrimony, 35. He is con-

fined for Debt in the Fleet, 35. His Reformation, 35. He makes an Arrange-

ment with his Creditors and is discharged out of Prison, 37. He is called to the

Bar, 37. His Success, 37. He is appointed "Devil" to the Attorney General,

37. He is made a Serjeant, 38. Contest about him between the two Houses of

Parliament, 38. He is placed on the Bench as a Puisne Judge, 39. He is dis-

placed, and returns to the Bar, 40. He is offered the Office of Chief Justice of

the King's Bench, 40. After much hesitation he accepts it, 40. He tries

Fitzharris for High Treason, 41. He tries the Roman Catholic Primate of

Ireland, 42. He strives to induce the Grand Jury to find an Indictment against

Lord Shaftesbury, 44. Trial of Lord Grey de Werke for the seduction of Lady

Harriet Berkeley, 45. Cause of Pemberton's Removal from the office of Chief

Justice of the King's Bench, 46. The London QUO WARRANTO, 47. He is

made Chief Justice of the Common Pleas, 47. Office of Chief Justice of the

King's Bench again Vacant, 47. Rye-house Plot, 47. Trial of Walcot, 47.

Lord Russell's Case, 48. Courteous Demeanor of Pemberton to Lord Russell,

48. Determination to dismiss Pemberton from being a Judge, 49. His De-

cisions in Civil Cases, 49. He a third time commences Practice at the Bar, 50.

He is Counsel for the Seven Bishops, 50. Question as to whether the Bishops

were legally imprisoned, 51. Pemberton's Cross-examination of the Clerk of

the Council, 52. Dfficulty in proving a Publication in Middlesex, 52. Pem-

berton's Speech to show that the Petition of the Bishops was not a Libel, 53.

Weight of Pemberton with the Jury as an ex-Chief Justice, 54. Treatment of

Pemberton after the Revolution, 54. He is examined before the House of

Commons, 55. Complaint against him of a Breach of Privilege when he was

Chief Justice of the King's Bench, 56. He is committed to Newgate, 56. He

again practises at the Bar, 57. His Death, 57. His Epitaph, 57.

CHAPTER XXI.

LIFE OF LORD CHIEF JUSTICE SAUNDERS.

Kind feeling among Lawyers for SIR EDMUND SAUNDERS in spite of his Profligacy,

58. Qu. whether he was a Foundling? 58. His first appearance in London,

59. How he learned to write, 59. His Legal Education, 59. He is called to

the Bar, 59. His rapid Progress, 60. The Excellence of his Reports, 60. His

Character as a Practitioner, 60. He is employed by the Government against

the Whigs, 61. He pleases the King and is knighted, 62. His Argument

against Fitzharris, 52. His Quarrel with Chief Justice Pemberton, 62. History

of the great London QUO WARRANTO, 62. Saunders is made Chief Justice of the

King's Bench, 63. His Installation, 63. Hearing of the Quo Warranto, 64.

Saunders's last Illness, 65. Judgment in the Quo Warranto, 65. Saunders's

Conduct at the Trial of Rex v. Pilkington, 65. His Death, 67. His Appear-

ance, Manners, and Habits, 67. How he has contributed to the "Grandeur of

the Law," 68. His Will, 68. His Armorial Bearings, 69.

CHAPTER XXII.

CHIEF JUSTICES FROM THE DEATH OF SIR EDMUND SAUNDERS TILL THE REVOLUTION.

JEFFREYS Chief Justice of the King's Bench, 69.

Reference to the Lives of the

Chancellors, 70. Additions to the "Life of Jeffreys," 70. Supposed Reluctance

of Jeffreys to support James against the Protestant Religion, 71. Vacancy in

the Office of Chief Justice of the King's Bench on the Promotion of Jeffreys to

be Lord Chancellor, 72. Perplexity about his Successor, 72. SIR EDWARD

HERBERT selected on account of his Opinion on the "Dispensing Power," 72.

His Origin, 73. Formation of his Political Creed, 73. He is sent as Attorney

General to Ireland, 73. His Position on his Return, 74. He is made Chief

Justice of the King's Bench, 75. Favorable Inclination towards him, notwith-

standing his Unfitness, 75. Opinion delivered by him on the Trial of Lord

Delamere, 75. Sir Edward Hales's Case to establish the Dispensing Power, 76.

Opposition of some of the Judges, 77. Dissentient Judges are dismissed, 77.

Judgment of Chief Justice Herbert, 78. Sham Dissent of Judge Street, 78.

Herbert in high Favor and likely to be Chancellor, 79. Herbert on the

Western Circuit, 80. Herbert offends the King by denying his Power to enforce

Martial Law in time of Peace, 80. Herbert refuses to sanction the execution of

a Deserter unlawfully convicted, 81. Herbert is dismissed from the office of

Chief Justice of the King's Bench and made Chief Justice of the Common Pleas,

81. At the Revolution, Herbert adheres to King James, 82. He is made Lord

Chancellor by King James in Exile, 82. He is excepted from the Act of In-

demnity, 83. Testimonies to his Private Worth, 83. His Brothers Whigs, 83.

Eminence of SIR ROBERT WRIGHT among Bad Judges, 83. His Origin, 84. His

Idleness and Depravity, 84. He fails in the Profession of the Law, 84. Fraud

and Perjury of which he was guilty, 84. He is patronised by Jeffreys, 85. How

he was made a Judge, 85. Scene in Westminster Hall between the Lord Chief

Justice of the King's Bench and the Lord Chancellor, 86. Wright promoted

from being a Baron of the Exchequer to be a Justice of the King's Bench, 87.

He is made Chief Justice of the King's Bench, 87. He orders a Deserter to be

hanged, contrary to Law, 87. He acts as one of the Visiters to introduce

Popery into Magdalene College, Oxford, 87. He sits as a Member of the High

Commission Court, 89. His Activity in forcing the Clergy to read the De-

claration of Indulgence, 89. Prosecution of the Seven Bishops, 89. Arraign-

ment, 90. Trial, 91. Acquittal for Want of Evidence prevented by the In-

discretion of one of the Counsel, 91. Contest between Chief Justice Wright

and Justice Powell, 91. Wright's Contest with Pemberton, 92. Doctrines of

a renegade Whig. 92. The Chief Justice sums up to the Jury, 93. Opinions

of the Puisnies, 93. Holloway, 93. Powell, 94. Allybone, 94. Deliberation

of the Jury, 95. The Verdict, 95. Wright in danger of being dismissed, 95.

Reasons, why he was not dismissed, Fate of Wright at the Revolution, 96.

He dies in Newgate, 96. He is buried with Felons, 96. Proceedings against

him in Parliament after his Death, 97. Utility of exhibiting the Abuses of

Government which led to the Revolution, 98.

96.

CHAPTER XXIII.

LIFE OF LORD CHIEF JUSTICE HOLT, FROM HIS BIRTH TILL THE COMMENCEMENT OF
HIS CONTESTS WITH THE TWO HOUSES OF PARLIAMENT.

Services and Character of SIR JOHN HOLT, 99. His Father, 100. His Birth, 100.

At School, 100. His Early Excesses, 101. He acts the part of a Wizard, 101.

He studies Law at Gray's Inn, 102. He is called to the Rar, 103. His pro-

fessional Progress, 103. He is a Whig, 103. He is Counsel for the Earl of

Danby and the Catholic Peers charged with being concerned in the Popish Plot,

103. He acts as Junior to Jeffreys in a Prosecution for Libel, 104. He is

Counsel for Lord Russell, 105. As Counsel at the Bar he "goes the whole Hog,"

105. His Argument in Earl of Macclesfield v. Starkey, 106. Attempt to seduce

him by James II., 106. He is appointed Recorder of London, made King's

Serjeant, and knighted, 106. He refuses to abet the arbitrary Measures of the

King, and is dismissed from the office of Recorder, 107. He is continued in

his office of King's Serjeant, 107. Landing of the Prince of Orange, 108. He

acts as Assessor to the Peers, 108. He is elected a Member of the Convention

Parliament, 108.

Conference between the two Houses on "Abdication" and

"Desertion," 108. Holt's Speech as a Manager for the Commons, 109. He

takes the Oaths to William and Mary, 110. He is appointed Chief Justice of

the King's Bench, 110. His Merits as a Judge, 111. He is praised by the

Tatler, 112. His Reporters, 112. His celebrated Judgment in Coggs, v.

Bernard, 113. He lays dawn the Doctrine that a Slave becomes free by

breathing the Air of England, 114. His Construction of the Statute requiring

Persons to attend their Parish Churches, 115. He puts an end to the Practice

of giving Evidence against a Prisoner of prior Misconduct, and of trying Pri-

soners in Fetters, 115. Holt's Influence with his Brother Judges, 116. Weight

of his Opinion with the Public, 116. His Conduct in presiding at the Trial of

State Prosecutions, 117. Trial of Lord Preston for High Treason, 117. Rex v.

Charnock, 118. Rex v. Rookwood, 118. Vindication of Holt for the Law laid

down by him in Sir John Freind's Case, 119. Liberty of the Press in the Reign

of Queen Anne, 120.

CHAPTER XXIV.

CONTINUATION OF THE LIFE OF LORD CHIEF JUSTICE HOLT TILL THE TERMINATION OF

HIS CONTESTS WITH THE TWO HOUSES OF PARLIAMENT.

Holt's Contest with the House of Lords in Rex v. Knowllys, 121. He is sum-

moned before a Committee of Privileges, 121. His Popularity from his Triumph

over the House of Lords, 124. The Banker's Case, 125. On the Removal of

Lord Somers, Holt refuses to be Lord Chancellor, 125. He is a Lord Com-

missioner of the Great Seal, 126. Accession of Queen Anne: Holt reappointed

Chief Justice, 126. A Majority of Whigs in the House of Lords, and of Tories

in the House of Commons, 127. Corrupt Decisions of the House of Commons

in Election Cases, 127. The Aylesbury Case, 127. Qu. whether an Action

could be maintained by an Elector against a Returning Officer for refusing his

Vote? 127. The three Puisne Judges in the Negative, 127. Holt contra, 128.

Judgment of the King's Bench reversed in the House of Lords, 130. Absurd

Resolutions of the House of Commons, 130. Counter-Resolutions of the House

of Lords, 130. Writs of Habeas Corpus by the Aylesbury Men, 131. Holt's

Opinion for discharging them, 131. He is over-ruled by all the other Judges,

132. Qu. whether Writ of Error lies on a Judgment on a Return to a Writ of

Habeas Corpus? 133. Commitments of Counsel by the Commons, 133. Fa-

bulous Story of Chief Justice Holt threatening to commit the Speaker of the

House of Commons, 133. The Abuse of Privilege by the House of Commons

remedied by Public Opinion on a General Election, 134. Holt again refuses

the Great Seal, 134.

CHAPTER XXV.

CONCLUSION OF THE LIFE OF LORD CHIEF JUSTICE HOLT.

Remainder of Holt's Judicial Career, 135. His Death, 135. His Funeral, 135.

His Monument, 136. Holt's Want of Literature and Science, 137. He put an

End to Trials for Witchcraft, 137. He exposes hypocritical Pretenders to ex-

traordinary Virtue, 139. His Detection of a False Prophet, 139. His Practice

of interrogating Prisoners on Trial, 140. His supposed Opinion as to the Ille-

gality of employing the Military to put down Civil Disturbances, 140. His

Trial at Bar with the Crown, Trin., 141. Holt as an Author, 142. He was

married to a Shrew, 142. Conclusion, 142.