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Show 130 ATRO CIOUS J UDGES. LA. D. 1Gl3. and iropolicy of treating as common nJn.lcfactors those who, seeking to r eform abuses and vindicat) the libertie · of their fellow-citizen~, were con1man<.ling arJnic' and enacting laws, returned all the bills i[JlWTanHlS; and there could neither be any trial nor proce:'s of outlawry. This rash n.Lten1pt only served to proc1nce irritation, nn<l to r ender the parliamentarians 1nore uspicious and rcYengd'ul when negotiations were afterwards opened which might have led to a satisfactory accommodation. In the smnmer of the following year, Chief J u~tice IIeath held assizes at Exeter, and there actnnlly obtained the colviction of Capt::tin Turpine, a parlia1ncntary offtcer, who hall been taken in anns against the king, and wa produced a a prisoner at the bar. The ' heriff appears to have ref'u ed to carry the sentence into execution; but the unfortunate gentleman was hanged by Sir John Berkeley, Go\·crnor of Exrtrr. The Parlimnent, haYing henrd of their parti ·an being thus put to death in colu blood, oruercd that the j uuges ,vho condernned hirn might be impeacheJ of high treason; but thry were afterwards satisfieu with pas:-.ing an ordinance to r emoYe Ileath, and his brethren who had sat with hin1 on this occasion, from their judicial offices, and to <.lisable tl1en1 from acting as judges in all time to con1e. Sir l~obcrt Ileath never ventured to take hi::-; cat as chief ju. ticc of the Court of l{ing's B ench at 'Vc. tminster; uu!, after travelling about for so1ne tin1e with tlw king, fixed h illlself at Oxford, where he was 1nadc a (1octor or the civil law, and attended as a jndge when CharJe::;':-; l)arlimnent was held there. When Oxford was at last obligeu to surrender, ancl the royalists could no long8r make head in nny part of England, A. D. l u.J.G.J H.OBERT IIEATif. 131 Ileath found it necessary to fly for ."afety io the cont incnt. The parliam ntary lender ;-; ~ aid that they wou111 not h:n·c n1olested him if he hau confine<l bin1self to tllC di.sdmrgc of his judicial duties ; or even if', like Lord. ICceper LiLLleton and other lawyer.', he had carried arms for the king; but a;-;, contrary to the law of nat ion.:, he l1 n.d proceeue<l against severnt of tho e who bore a comtni.'sion which the I>arliurnenL hall granted to them in the king's name, they were detenninecl to make an example of him. T'llerefore, when an onlinance was passed, granting an in<leu1nity to the royalists who submitted, he was excepted frorn it by name. Arter suffering great privations, he died at Caen, in Nornw.nuy, in the month of August, 1 G4D. lie had, frotn his profe ::;ional gains, purcba.-ed a large lanu-ed estate, which was sequestrut eJ by the J>arliament, but afterwards was r estored by Charles II. to his .. on . lie hnd never trie<l to make his peace with the JorninnnL party hy any concession, and he declar ed that "he would rather su11'cr all the ills of exile than submit to the rule of' tho."e who h~t<1 iirsL fought their sovereio-n in the 1ich1 anJ then h:vl nundercd 0 ' hi1n on the scaffold." With the exception of his bribery, which wa never properly inquircJ in to, and doe::; not ~ecu1 to ha\C injured hin1 much in the opinion of hi · contemporarie ', no grievous stain i. atLacheJ ·to his n1emory ; und we must feel respect for the constancy wiLh which he a tlhereu to his 11oliti4 cal principlcR, although we cannot defend thetn. . |
