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Show 262 ATROCIOUS JUDGES. [A.. D. 1683. desire it may be reac1." L. 0. J. Saunders. - "This is only to tickle the people." The challenge, however, wa., read. Jeffi·eys.-'' Ilere is a tale of a tub inclee<l!" L. C. J. Saw~de? ·s.-" Ay, it is nothing cl--e, and I wonder that lawyerR should put such a thing upon me." jJfr. Thompson.-" I\Iy lord, \re desire this challenge should be allowed." L. G. J. Saunders.-" No, indeed, won't I. There i no color for it." jJfr. 11wmpson.-" J\Iy lord, i the fact true or fal e? If it be insufficient in point of law, let them demur." J~ffreys."' Robin Ilood on Greendale stood' ! ! ! I pr~y for the king that it may be overruled." .lrfr. Thompson.-" l\Iy lonl, I say where a sheriff is interested in point of title, he i no person in law to return a jury. The very title to the oillce is here in question." L. G. J. Saunders.-" 1\lr. Thompson, 1nethink you have found out an invention, that the king hould never have power to try iL even so long as the worlll tands. 1Vho would you have the proce"'s go to?" JJir. Thompson." To the coroner.'' L. 0. J. Saunders.-" l\ly speech is but bad; let me know what objection is made, an<l if I can but retain it iu my 1nen1ory, I don't question but to give you .A1tis· faction. The sheriff::; who returned the jury are sherifls de facto, and their title cannot thu:3 be inquired into. Wherever the defenJant thinks it may go hard with him, are we to have a trial whether the sheriffs be ... heriff::; or no? What you are doing may be done in every cau e that 1nay b e tryl·l lg." JJfr .' Tho1npson.-" J\Iy lord, we pray a bill of exceptions." Jej· freys.- "This discour:,e is only for discour'"'e sake. Swear the jury." L. G. J. Saunders.-" Ay, wear the jury." . So far he was rirrht in r)oint of law ; but, when the tnal ' b proceeded upon the merit ,, lo suit the purpo"'e of the ~ov-ernment and to obtain a conviction he lai<l down doctnnes A. D. 1683.] ED:\IUND SAUNDERS. 263 which he mu"'t well have known to be inrlefen ible respecting the power of the lord n1ayor to interrupt the poll by an adjournment, and the supposeu offence of the electors in still continuing the election, they believing that they were exercising a lawful franchise. Finally, in sumrning up to the jury, he observed, - "But they pretend that the ·heri.ff::; were the n1en, and that the lord mayor wa nobo<ly; that hows that it wa~ somewhat of the Common wealth seed that was like to grow up among the good corn.'' [IIere the r eport .-ays, the people hummed and interr-upted my lord. lie thus continued.] "Pray, gentlemen, that is a very ind cent thing; you put an indignity upon the king. Pray, gentlemen, forbear; ·uch demeanor does not become a court of justice. 'Vhen thing were top y turvy I can't tell what was done, and I woul<l be loth to have it raked up now. '.rhc~e deiendant:-; tell you that they believed they were actin()' aceorJinrr to bw · but irrnorancc of b b .. ' 0 the law is now no cxcu.~e, and you will consider whether they did not in a tumultuary way make a riot to set up a magistracy by the power of the people ? Gentlemen, it hath been a long trial, ancl it may be I have not taken it well; my memory i.· bad, and I am but weak. I don't question but your meinoric ~ are better than 1ninc. Consider your verdict, nnd find as n1any guilty as you think fit." The jury having been carefully packed, the defendan ts were all found guilty, and they were heavily fin ed; but after the Revolution thi... ju<lgment wa reversed by the legi lature. During Loru Chief J u. tice Saundcrti'::> la --t illnc , the Ryehouse Plot wus discovered, and it was a heavy di::;ap- |
