530 The two great pillars ments and juries. King, and designs to be for his service, it never fails of the contrary effect. The two great pillars of the Government are Parliaments and juries; it is this gives us the title of free-born Englishmen. For are Parlia my notion of free Englishmen is this, that they are ruled by laws of their own making, and tried by men of the same condition with themselves. The two great and undoubted privileges of the people have been lately invaded by the judges that now sit in Westminster-hall; they have espoused proclamation against law; they have discountenanced and opposed several legal acts that tended to the sitting of this honourable House; they have grasped the legislative power into their own hands, as in that instance of printing; the Parliament was considering that matter, but they in the interim made their private opinion to be law, to supersede the judgment of this House. They have discharged judges in Protestant grand juries, on purpose to quell their presentments, and shelter great criminals from justice; and when juries have presented of England. their opinion for the sitting of this Parliament, they have in disdain thrown them at their feet, and told them they would be no messengers to carry such petitions; and yet in a few days after, have encouraged all that would spit their venom against the Government; they have served an ignorant and arbitrary faction, and been the messengers of abhorrences to the King. Jesuitical gowns on the Bench the Crown prevented by unholy judges. Mr. Speaker, what we have now to do, is to load them with shame, who bid defiance to the law; they are guilty of crimes. against nature, against the King, against their knowledge, and against posterity. The whole frame of nature doth loudly and daily petition to God their Creator; and Kings, like God, may be addressed to in like manner, by petition, not command. Petitioning They likewise knew it was lawful to petition. Ignorance can be no plea, and their knowledge aggravates their crimes; the children unborn are bound to curse such proceedings, for 'twas not petitioning but Parliaments they abhorred. The atheist pleads against a God, not that he disbelieves a Deity, but would have it so. Tresilian and Belknap were judges, too; their learning gave them honour, but their villanies made their exit by a rope. their exit The end of motion therefore is, that we may address warmly to our prince against them. Let us settle a committee to inquire into their crimes, and not fail of doing justice upon them that have perverted it; let us purge the fountain, and the streams will issue pure. Judges by their vil lanies made by the rope. Then the House agreed to the following resolutions: Resolved,—Thot the discharging of a grand jury by any judge before the end of the term, assítés, or sessions, whih, matters are under their consideration, and not presented, is arbitrary, illegal, destructive to public justice, a manifest violation of his oath, and is a means to subert the fundamental laws of the kingdom. Parliamen tary enquiry into the violation by a Resolved,-- That a Committee be appointed to examine the proceedings of the judges in judge of Westminster Hall, and report the same, with their opinion therein, to the House. his oath. Whereupon a Committee was appointed, and they sat several A commitdays, and then made the following report : THE REPORT OF THE COMMITTEE OF THE HOUSE OF COMMONS APPOINTED TO EXAMINE THE PROCEEDINGS OF THE JUDGES, &c., Thursday, December 23, 1680. tee of the House of Commons appointed to enquire into the crimes of judges. A charge of son, &c., high trea against a Lord Chief before the brought House of Commons. The Committee being informed, that in Trinity Term last, the Court of King's Bench discharged the Grand Jury that served for the hundred of Ossulston, in the county of Middlesex, in a very unusual manner, proceeded to inquire into the same, and found, by the information of Charles Umfreville, Esq., foreman of the said jury, Edward Proby, Henry Gerrard, and John Smith, gentlemen, also of the said jury, That on the 21st of June last, the constables attending the said jury were found defective, in not prescuting the papists as they ought, and thereupon were ordered by the said jury to make farther pre- Justice sentments of them on the 26th following; on whieh day the jury met for that purpose, when several peers of this realm, and other persons of honour and quality, brought them a bill against James Duke of York, for not coming to church; but some exceptions being taken to that bill, in that it did not set forth the said Duke to be a papist, some of the jury attended the said persons of quality, to receive satisfaction therein. In the mean time, and about an hour after they had received the said bill, some of the jury attended the Court of King's Bench with a petition, which they desired the Court to present in their names unto his Majesty, for the sitting of this Parliament. Upon which the Lord Chief Justice Scroggs raised many scruples, and on pretence that they were not all in court (though twenty of the jury had subscribed the petition), sent for them, saying he would dispatch them presently. The jury being come, and their names called over, they renewed their desire that the Court would present their petition; but the Chief Justice asked if they had any bill? they answered they had, but the clerks were drawing them into form. Upon which, the Chief Justice said, they would not make two works of one business. And the petition being read, he said this was no article of their charge, nor was there any act of Parliament that required the Court to deliver the Grand Juries' petitions: that there was a proclamation about them; and that it was not reasonable the Court should be obliged to run on their errands; and he thought it much, that they should come with a petition to alter the King's mind, declared in the news-book. The jury said, they did it not to impose on the Court, but (as other juries had done) with all submission they desired it; but the Court refused, bidding the crier return them their petitions. And Mr. Justice Jones told them, they had meddled with matters of state, not given them in charge, but presented no bills of matters given them, that would be ready in due time. Notwithstanding which, the said Justice Jones told them they were discharged from farther service. But Philip Ward (the clerk that attended the said jury) cried out, "No, no, they have many bills before them" for which the Court understanding (as it seems to this committee) a secret reason, which the clerk did not, reproved him, asking if he or they were to give the rule there? The crier then told the court, they would not receive their petition; the Chief Justice bid him let it alone, so it was left there, and the jury returned to the court-house, and there found several constables with presentments of papists and other offenders, as the jury had directed them on the 21st Before; but could not now receive the said presentments, being discharged. Whereby much business was obstructed, though none of the said informants ever knew the said jury discharged before the last day of the term, which was not till four days after. And it farther appeareth to the committee, by the evidence of Samuel Astry, Jasper Waterhouse, and Philip Ward, clerks, that have long served in the said court, that they were much surprised at the said discharging of the jury, in that it was never done in their memory before ; and the rather, because the said Waterhouse, as secondary, constantly enters on the Grand Jury's paper, that the last day of the term is given them to return their verdiet on, as the last day but one is given to the other two Grand Juries of that county; which entry is as followeth :-- Middlesex, TRINITY, 3 CAR. II. Juratores habeat diem ad veredictum suum reddendum usque diem Mercurii proxima post tres Hundred. septimanas Sanctae Trinitatis. (The Roman con sors have a day for repeating their oath, even a day of Mercury, the next after three weeks of the Holy Trinity.) Being the last day of term, and so in all the other terms the last day is given; which makes it appear to this committee, that they were not in truth discharged for not having their presentments ready, since the Court had given them a longer day, but only to obstruct their further proceedings; and it appeareth by the evidence aforesaid to this committee, that the four judges of that Court were present at the discharging of the said jury, and it did not appear that any of them did different therein; upon consideration whereof, the committee came to this resolution :-- Rded. That it is the op'uior of this committee, that the disebarzing of the erud mury of the lundred of Osseils on, in the county of Middlesex, by the Court of King's Bench, in Trinity term last, before the last day of term, and before they pad finished their preser tments, was illegal, arbitrary, and a high misdemesvior, This committee proceeded also to enquire into a rule of the Court of King's Bench, lately made against the publishing a book called The Weekly Packet of Advice from Rome; or The History of Popery: and Samn Astry, gentleman, examined thereupon, informed this committee, that the author of the said book, Henry Carr, had been informed against for the same, and had pleaded to the information; but before it was tried, a rule was made on a motion, as he supposeth, against the said book. All the judges of that court (as he remembers, being present, and none dissenting. The copy of which rule he gave into this committee, and is as followeth : Dies Mercurii proxime post tres septimanas Sanctæ Trinitatis. Auno. 32 Car. II. Regis. Ordinatum est quad liber intitulat. The Weekly Packet of Advice from Rome, or the History of Popery, non ulterius imprimatur vel publicetur per aliquam personam quamcunque per. Car. Tachers and toppere of popery. And this committee, admiring that Protestant judges should take offence against a book whose chief design was to expose the cheats and foppery of popery, enquired farther into it, and found by the evidence of Jane Curtis, that the said book had been licensed for several months, that her husband paid for the copy, and entered it in the hall-book of the Company. But for Judges in all this she could not prevail, by those reasons, with the Lord Chief Justice Scroggs, to permit it any longer; who said 'twas a scandalous libel, and against the King's proclamation, and he would ruin her if ever she printed it any more. And soon after against she was served with the said rule, as the author, and other Protestant gowns si press the pbication of books popery. printers were; and, by the author's evidence, it appears that he was taken, and brought before the said Chief Justice, by his warrant, above a year since; and upon his owning he writ part of that book, the Chief Justice called him rogue and other ill names; saying he would fill all the gaols in England with such rogues, and pile them up as men do faggots; and so committed him to prison, refusing sufficient bail, and saying he would gaol him, to put him to charges; and his lordship observed his word punctually therein, forcing him to his Habeas Corpus, and then taking the same bail he refused before. Upon which the committee came to this resolution. Resolved, --That it is the opinion of the committee, that the rule made by the Court of King's Bench, in Trinity term last, against printing a book caled The Weekly Packet of Advice from Rome, is illegal aid arbitrary. And the committee proceeded farther, and upon information that a very great latitude had been taken of late by the judges, in imposing fines on the persons found guilty before them, caused a transcript of all the fines imposed by the King's Bench since Easter term, in the 28th of his Majesty's reign, to be brought before them, from the said Court, by Samuel Astry, gentleman. By perusal of which it appeared to this committee, that the quality of the offence, and the ability of the person found guilty, have not been measures that have determined the quantity of many of these fines; which being so very numerous, the committee refer themselves to those records as to the general, instancing in some particulars, as follows. Upon Joseph Brown, of London, gentleman, on an information for publishing a printed book called, The Long Parliament Dissolved, in which is set forth these words: "Nor let any man think it strange, that we account it treason for you to set and act contrary to our laws; for if in the first Parliament of Richard II. Grimes and Weston, for lack of courage only, were adjudged guilty of high treason for surrendering the places committed to their trust: how much more you, if you turn renegadocs to the people that intrusted you; and as much as in you lic, surrender not a little pitiful castle or two but all the legal defence the people of England have for their lives, liberties, and properties at once! Neither let the vain persuasion delude you, that no precedent can be found that one English Parliament hath hanged up another; though peradventure even that may be proved a mistake; for an unprecedented crime calls for an unprecedented punishment; and if |