Atrocious Judges : Lives of Judges Infamous as Tools of Tyrants and Instruments of Oppression

90

Here we have one of many English precedents of assault upon the right of petition – a thing by no means unknown in our American politics. —Ed.

91

The same Parliament had already impeached Scroggs. See ante, p. 180.

92

Here again is the old pretence of “levying war,” under which it has been attempted with us to convert hostility to the fugitive slave act into treason. See ante, p. 158. —Ed.

93

Pemberton, though well aware that, to justify the grand jury in finding an indictment, a prima facie case of guilt must be made out, instructed them that “a probable ground of accusation” was sufficient. —Ed.

94

By this word “pension,” I conceive we are to understand salary while the lord keeper was in office, and not, as might be supposed, an allowance on his retirement.

95

Pemberton had been appointed to succeed Scroggs as chief justice of the King’s Bench, but not being found quite serviceable enough, was now removed into another court. —Ed.

96

“Sir F. North being made lord keeper on the death of the Earl of Nottingham, the lord chancellor, I went to congratulate him. He is a most knowing, learned, and ingenious person; and, besides having an excellent person, of an ingenuous and sweet disposition, very skilful in music, painting, the new philosophy, and political studies.” —Mem. i. 513. Judge Kane is said to be quite an accomplished person. —Ed.

97

The principal obstacle to law reform in America is the pecuniary interest which the lawyers think they have in keeping up old abuses. —Ed.

98

Bishop Burnet, the historian.

99

See beyond, life of Jeffreys, p. 302.

100

An account of Guilford’s unavailing attempt to prevent this appointment will be found in the life of Wright, chap. xix. —Ed.

101

It is curious that Roger gravely states that “he was dropped from the tory list and turned trimmer.” —Life, i. 404.

102

Life, ii. 179. It should be recollected that, at this time, the council met in the afternoon, between two and three – dinner having taken place soon after twelve, and a little elevation from wine was not more discreditable at that hour than in our time between eleven and twelve o’clock at night.

103

James and Jeffreys setting themselves up as the special advocates of toleration, (with a view to the introduction of Popery,) is like our American slaveholders putting themselves forward as advocates of the rights of property and as special democrats, for the purpose of upholding slavery, based as slavery is on principles at war with the fundamental idea of property and democracy. —Ed.

104

Life, ii. 150, 153, 334.

105

Lord Coke lays down, that upon such an occasion there ought to be a warrant by advice of the Privy Council, as in 32 H. 8, to certain physicians and surgeons named, authorizing them to administer to the royal patient “potiones, syrupos, confectiones, laxitivas medicinas, clysteria, suppositoria, capitis purgea, capitis rasuram, fomentationes, embrocationes, emplastra,” &c.; still, that no medicine should be given to the king but by the advice of his council; that no physic should be administered except that which is set down in writing, and that it is not to be prepared by any apothecary, but by the surgeons named in the warrant. – 4 Inst. 251. These were the precautions of times when no eminent person died suddenly without suspicion of poison. Even Charles II. was at first said to have been cut off to make way for a Popish successor, although, when the truth came out, it appeared that he had himself been reconciled to the Roman Catholic church.

106

See the speech at full length. Life, ii. 192. There is nothing in it very good or very bad.

107

Evelyn tells us that this was the first rhinoceros ever introduced into England, and that it sold for two thousand pounds.

108

We may add – for his tory principles, and for the loss of America to the British crown. —Ed.

109

Saunders was very ingenious; but in the invention of charges to serve the turn of tyranny he has his match in some of our American lawyers. —Ed.

110

This is not the William Jones mentioned in the life of Lord North, but a person of a different character, one Edward Jones. —Ed.

111

So we have lately seen five inhabitants of Philadelphia prosecuted for a riot, for aiding to give effect to a statute of that state abolishing negro slavery. —Ed.

112

The editions of these Reports by the late Serjeant Williams, and by the present most learned judges, Mr. Justice Patteson and Mr. Justice Vaughan Williams, illustrated by admirable notes, may be said to embody the whole common law of England, scattered about, I must confess, rather immethodically.

113

The name is spelt no fewer than eight different ways – “Jeffries,” “Jefferies,” “Jefferys,” “Jeffereys,” “Jefferyes,” “Jeffrys,” “Jeffryes,” and “Jeffreys,” and he himself spelt it differently at different times of his life; but the last spelling is that which is found in his patent of peerage, and which he always used afterwards.

114

“Le roy s’avisera,” the royal veto to a bill passed by the two houses.