1. That it is the opinion of this houfe that the discharging of the grand jury of the Hundred Offulfton, in the county of Middlefex, by the court of king's bench, in Trinity term laft, before the last day of the term, and before they had finished their prefentments, was arbitrary and illegal, deftructive to pub. lic justice, a manifeft violation of the oaths of the judges of that court, and a means to fubvert the fundamental laws of this kingdom, and to introduce popery.

Refolved, That fir William Scroggs, knight, chief juftice of the court of king's bench, be impeached upon the said report, and the refolutions of the house thereupon.

The second article against chief justice Scroggs was as follows:

That he arbitrarily discharged the grand jury of Middlesex, in Trinity term, 1679, before they had made their presentments, and found several bills of indictment before them; by which illegal discharge of the faid jury, the courts of justice was maliciously stopped, the prefentments of many Papists and other offenders were obftructed, and in particular a bill of indictment against James, duke of York, for abfenting himself from church, which was then before them, was prevented from being proceeded upon.

[L.]

2 Bac. 97.

The judges are bound by oath to determine according to the known laws and ancient cuftoms of the realm, and their rule herein must be the judicial decifions and refolutions of great numbers, of learned, wife and upright judges, upon variety of particular facts and cafes, and not their own arbitrary will and pleasure, or that of their prince.

But though they are to judge according to the fettled and eftablished rules and ancient cuftoms of the nation approved for many fucceffions of ages, yet are they freed from all profecutions for any thing done by them in court, which appears to have been an (d) error of their judgment.

(d) Where for wilful corruption they have been complained of in the Siar chamber. Vide Vaugh, 139. And may fill be called to an account in parliament, Hawk. P. C. c. 72. S. 6. 12. Ca. 24.

[M.]

Vaugh. 139.

If a court, inferior or fuperior, hath given a false or erroneous judgment, is any thing more frequent than to reverse fuch judgments by writs of falfe judgment, of error or appeals, according to the course of the kingdom.

If they have given corrupt and dishoneft judgments they have in all ages been complained of to the king in the Star chamber, or to the parliament.

Andrew Horne, in his Mirror of Juftice, mentions many judges punished by king Alfred before the conqueft, for corrupt judgments, and their particular names and offences, which could not be had but from the records of thofe times. Our ftories mention many punished in the time of Edward the first, our parliament rolls of Edward the third's time, of Richard the fecond's time, for the pernicious refolutions given at Nottingham castle, afford examples of this kind. In latter times the parliament journals of 18th and 21ft Jac. the judgment of the fhip-money in the time of Charles the firft queftioned, and the particular judges impeached.

[N.]

I Hawk. 192. c. 73. § 6.

Sect. 6. And as the law has exempted jurors from the dan. ger of incurring any punishment in refpect of their verdict in criminal causes, it hath alfo freed the judges of all courts of record, from all profecutions whatsoever, except in the Parliament, for any thing done by them openly in fuch courts as judges. For the authority of a government cannot be maintained unless the greatest credit be given to those who are so highly entrusted with the administration of public juftice; and it would be impoffible for them to keep up in the people that veneration of their perfons, and fubmiffion to their judgments, without which it is impoffible to execute the laws with vigor and fuccefs, if they fhould be continually expofed to the profecutions of those whofe partiality to their own causes would induce them to think themselves injured. Yet if a judge will fo far forget the dignity and honor of his poft as to turn folicitor in a cause which he is to judge, and privately and extrajudicially tamper with witneffes, or labor jurors, he hath no reafon to complain if he be dealt with according to the fame capacity to which he fo bafely degrades himself,

A crime or misdemeanor is an act committed or omitted in violation of a public law, either forbidding or commanding it. This general definition comprehends both crimes and misdemeanors, which properly speaking are mere fynonimous terms; though, in common ufage, the word "crimes" is made to denote fuch offences as are of a deeper and atrocious dye, while fmaller faults and omiffions of lefs confequence, are comprized under the gentler name of " misdemeanors" only.

ALEXANDER ADDISON,

ON AN IMPEACHMENT BEFORE THE SENATE OF THE

COMMONWEALTH OF PENNSYLVANIA,

IN JANUARY 1803.

INTRODUCTION.

ON

N the 11th January, 1802, Mr. M'Masters, Member of the House of Reprefentatives, from the county of Allegheny, prefented a petition from fundry inhabitants of Allegheny county, as follows:

The HONORABLE the REPRESENTATIVES of the State of Penn

fylvania.

The representation and petition of sundry inhabitants of the Western Country,

HUMBLY SHEWETH,

That we are fenfible of the great difficulty of the fituation of a judge, and the tenderness and delicacy with which his character ought to be touched, or complaint made. But for a confiderable time, unfavorable impreffions have existed with regard to ALEXANDER ADDISON, prefident of this diftrict; as oppreffive, tyrannical and partial in the administration of juftice, and guilty of great abuses and indelicacies as a man, unbecoming his high ftation and trust. So that it becomes necessary, equally for his credit, as for the fafety of the people, that this matter fhould receive examination; which can be done only under an authority, which has power to call for witneffes, and collect teftimony. That authority is your Houfe, in which the conftitution vefts the right of impeaching or demanding the removal of judicial officers. We folicit therefore, that you appoint a committee of your Houfe, or other fit perfons for this purpofe, in order to report to the next Affembly;

B

who may take the facts, that may be found, into confideration, and proceed accordingly. And your petitioners, as in duty bound, fhall pray. Signed by 384 citizens.

On the 21st January, on motion of Mr. Ewalt, feconded by Mr. Laycock, this petition was referred to Mr. Jeffe Moore, Mr. F. Smith, Mr. Ferguson, Mr. Boileau and Mr. Penrofe.

On the 25th January, Mr. M'Mafters and Mr. Ewalt prefented several petitions from 297 inhabitants of Allegheny Beaver and Butler counties, as follows:

The HONORABLE HOUSE of REPRESENTATIVES of the Commonwealth of Pennsylvania, in General Affembly met.

The petition of the underwritten inhabitants of Allegheny Beaver and Butler counties,

HUMBLY SHEWETH,

That feveral of your petitioners have witneffed, and the others, have been informed by a general and uncontradicted report, that ALEXANDER ADDISON, prefident of the court of common pleas, in the fifth district, whilft fitting as prefident of the court of Allegheny county, on Monday the 22d; December, 1800, and on Monday the 22d June, 1801, and at other times did actually interrupt and prevent J. B. C. Lucas, one of the affociate judges of the court of common pleas of Allegheny county from addreffing the jury of the fame court, and communicating to them his ideas on the fubjects and cafes before the court and jury. Your petitioners conceive, that being under the jurifdiction of the faid court, they have a right to the fervices and official affiftance of every judge, fetting at the faid court. That having been deprived of those fervices in the time and manner above related, they believe the checks and fecurity intended by the conftitution of this.commonwealth in its judiciray fyftem, relative to the court of common pleas and quarter feffions have been impaired; the powers of the faid court have been unduly engroffed; the conftitutional weight of fome of the affociate judges almoft annihilated, and under thofe circumftances, they find themselves wrefted of fome of their deareft rights. Your petitioners therefore humbly pray your Honorable House, that it may be pleased to take into its moft ferious confideration the facts herein ftated, and act thereon as it may feem meet, and they will pray.

Allegheny county, January 1ft, 1802.

This petition was referred to the fame committee.

On the 19th February, Mr. Jeffe Moore, from this committee reported: "That being firmly perfuaded, that the peace and