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Show 156 ATI~OCH)t.;S .J rDG E:-i. [ .\.I>. l t:()ri , zeal and sub"erviency, for his want of learning and sound sen e; but, from a knowledge of his incompetency, tL.cre was a gr •at reluctance to pr01note hin1 on the death of Lord Chief J usti ·e Ilyde. Sir J\1atLhew Ilale was pointeu out as the iltte6t person to be placed nt the head of the conu110n law; but Lord Clnxendon had not the liberality to raise to the highe t dignity one who had worn allegiance to the Protcetor, and there beino- no better man whon1 he could select, \Vho wa' free b fr01n the ..,u._picion of republican taint, he fix \d upon the "violent Cavalier." Luckily there were no speeches at lris installation. On account of the dreadful plague which \Y:l · then depopulating London, the courts were adjourned to Oxford. "There J{elynge, pui, ne judge, was made ehief ju ·ti e, and beinrr sworn at the chancellor's lodging, came up privily anll took hi" place in the lorric school where the Court of l~in rr's Bench sat. 0 ' 0 The business was only 1notion ·-to prevent any concourse of people. In London died the wrck before, 71 G;') of the plague, be ide ' Papi 'ts and Quak •rs." The new chief ju. tice even ex ·ceded puulic expectation by the Yiolent, fanta·tical, and ludicrous nuun1er in which he comported himself. lli.- Yieious and fooli ·h propen. ities broke out without any restraint, and, at a tin1e when there was little di position to question any ,,rho were clotheu with authority, he drew down upon hitnsolf the contempt of the pnhlic and the cen ure of Parliament. lie was unspeakably proud of the collar ,vhich he wore as chief justice, this alone distinguishing him externally frmn the pui...nies, a class on whmn he now looked clown very haughtily. In his own report of the r esolutions of the judges prior to the trial of Lord 1Vlorley for n1urder, before A. J), l CLi(i. J J O II~ KELY~ Ca: . 1D7 the llouse of I..~onb, he considers the following as mo:t im portau t, - "We did. all, una voce, r esolve that we were to attend. at the trial in our scarlet robe. , and the ehief judges in their collars of S. S. - ~vh£ch I did accordingly." There having been a tumult in an attempt by some apprentice~ to put <.lown certain disorderly lwu · :s in 1\Ioorfielll::;, which \Yere a great nui:=:ancc to the ncighlwrlloou, and cries that no such hou ~es hould be tolerated, Chief Justice ICelynge, considering th i::, "an accroaclunent of royal authority,' directed those concerned in it to Le indicte<.l for niGH TREASON; and the trial coming on before hirn at the Olcl ]~ ailey, he thus laid down the law to the jury. - "The prisoners are indicted for levying war against the king. By le\-ying war is not only n1eant when a body is gathered together a: in an11y, but if a company of people will go about any public r eformation, this is high treason. These people do pretend their de.-ign was ngai11st brothel , ; now, for men to go about to pull down brothel:-<, with a captain, nnd an ensign, nnd weapon.-,- ii' this thing uc enclure<l, wlto is saje? It I·S 1n · gh treason because it doth Letray the peaee of the nation, and every ·ubjcet i ~ as nnlCh wronged a "' the kinrr; for if every man may r efonn what he will, HO man ]~ snfe; ~h •re-fore the th.m g 1· ' o (' (1 e ~1w rate consequence, and we mu t make this for a public cxan1ple. T'here i::; rea ·on we ~lwulcl be very cautious; we are unt newly deliYered from .rebellion, and. we know that that r ebellion first began under the pretence of religion and the law ; for the devil hath always this vizard u . 'l. pon It. ;ve have great rea "On to Le very wary that we fall not again into the . a1ne error. Apprenti<'e" in future shaH not go on 1· n t 1u ·s tnanner. It is proycd that llca._ely went us 14 |