fo that of Trefilian and Belknarp, with others their Fellows who were all Attainted by Act of Parliament, 2d of Richard II. which was afterward confirmed by the 1ft of Hen. IV. A Man would think that these cannot be forgotten; but as the cafe stands, their Memories are to be refresht 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 shall 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 injuftice or delay of Inferiour Courts; do turn Merchants of the Law, and will not do right; for when they are corrupt, how fhall 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 fuch faults as are complained of, we can do no lefs but punish the Offenders, and prevent the like for the future leaft we otherwife feem to countenance their actions; for if we do not punish them, we approve of them: From which, Good Lord deliver

us.

And now I am speaking of Judges and their mis. behaviour, 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 Cheshire, which is a County Palatine, and we have two Judges peculiarly affign'd us by His Majefty: Our Puifne Judge I have nothing to fay againft him, for he is a very honeft Man for ought I know;

But

But I cannot be filent as to our Chief Judge, and I will name him, becaufe what I have to lay, will appear more probable: His Name is Sir George Jefferies, who I muft fay behaved himfelf more like a Jack-Pudding, than with that gravity that befeems a Judge; He was mighty Witty upon the Prifoners at the Bar, he was very full of his Joaks 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 themfelves with more gravity than he and in truth, the People 45 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 appear'd 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 accustomed 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 difpatcht business fo well, that he left half the Caufes untryed, and to help the matter, has refolved that we fhall have no more Affizes this Year. These

These things I hope are juft caufe of Complaint: It cannot be fuppofed that People can with ease or delight be in expectation fo long as from May till Auguft 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 Witneffes, 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 cafe of most People the last Affize.

Some

Some Obfervations on on the Prince of Orange's Declaration, in a Charge to the Grand Jury.

Gentlemen,

HE greatest part of the misfortunes which befall mankind, would be prevented, did they but keep in mind and ferioufly confider, the moft remarkable things which happen to them; for then they would not (as is every day feen) neglect fo many advantageous opportunities which by Providence is put into their hands, nor fplit fo often upon the fame Rock. For fo apt are men to forget even things of the the greatest moment, that it is become a common faying, That there is not any thing that is more than a nine days wonder: which does fufficiently exprefs the giddiness and want of confideration in Men: Of which there never was a more pregnant instance, than is to be obferved 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 feems to be as much out of peoples thoughts, as if no fuch 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 fince it does fo much concern us to carry it in our thoughts, I hope I fhall not mifpend your time, whilft I give you a fhort account of the occafion that fent K. J. away, and for what reafon his prefent Majefty, 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 Papift, by reason of the fatal effects it would have upon our Religion and Liberty, if in cafe he should come to the Crown: And the Parliament being no lefs fenfible of this threatning danger, made feveral attempts to exclude him from the Crown by Act of Parliament; which was the caufe wherefore fo 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 diffolved, 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 reft of his time: And then all those who had been for the Bill of Exclufion, were loaded with all manner of reproaches, and amongst other

things