Page:Chronicle of the law officers of Ireland.djvu/322

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LEGAL HISTORY OF IRELAND.
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ation was refused by his brethren, as Sir William Aston did not deny in his affidavit that he wrote the libel, or was privy to the publication. Thus the breach was drawn wider, and this infamous judge brought Darcy upon his shoulders. Official robes operated like a consecrated cover to shield the wretch from an horsewhip, but he was disabled from visiting his native country until Darcy's death by the terror of such infliction. This singular event operated like a patent of indemnity for duels, and covered attempts to punish such provocations in yourger persons with ridicule. Charles, notwithstanding his contempt for the cowardly libeller, resolved to remove them both, and was with difficulty prevailed upon to withhold such just resentment. Alexander was a man of strong passion, but great integrity, and known public spirit. He even left his library, among other bounties, to Trinity College.

The foregoing trial by battle the reader may imagine settled the law and practice of precedence amongst Judges for succeeding generations, when an equally singular dispute arose in James's reign between two similar persons, in which the claimant neither shewed personal spirit nor legal judgment. He was appointed a Judge of the King's Bench in the room of its senior puisne, and demanded precedence as such without allowing the existing Judge to advance thereto. Had he not been as deficient in professional learning as in gentlemanly manners, the point was explained in law reporters, and must be obvious to every man of common sense. The contest was managed with correspondent decorum—they tore each other's robes in mounting the bench, and seconded the assault with language as brisk, adds my author, as could happen amongst women.

James was charmed with public appearances on his accession—all parties seemed to receive him with enthusiasm and confidence. It required, however, a steadier and sincerer temper to confirm and extend such disposition than this Prince was blessed with. Whatever reliance James may have had in the versatile principles of Judges appointed by his brother, his feelings suggested the great reluctance with which men exercise politics or