ferring its full and complete enjoyment to his countrymen. There was one measure of Jameses reign which required instant and effectual imitation, and that consisted in an immediate removal of presumed traitors from the Bench. Such Judges as had been discarded by James, and survived the abdication, were entitled to instant reappointment; the Chancellor also deserved to be reinstated. William's first act, after the submission of Ireland, was directed to this object
The misconduct or ignorance of the Judges in an important branch of law excites surprise, and would exceed belief were not the abuse authenticated on the records of parliament. Suits by civil bill originated in the provincial presidency courts, and were upheld merely by prerogative, in violation of common law, and without statute authority. The practice was cheap and expeditious, and though hatched in the chamber of despotism, has since been wisely upheld and confirmed in times marked by a proper respect for freedom. But what had Judges to do with state policy or arbitrary improvements? Besides, the motive becomes doubly suspicious when large fees to themselves and their clerks accrue from malpractice. The Irish parliament voted, in 1692, "that the trials and proceedings by civil bills, as of late Aid now practised in this kingdom, are arbitrary, illegal, and a burthen to the subject."
In 1698, we meet a singular legal anecdote:—A dispute arose relative to county taxes and assessments, between the town of Youghal and the county of Cork. This was left to the determination of the Judges, as. the order tells us, in their private capacity, and such decision was by consent of parties to be conclusive. This proceeding must be considered a strong proof of Irish politeness, as I firmly believe it would be impossible to obtain a similar meeting at Sergeants' Inn, or to persuade that grave body to act in a double capacity.
Judicial guilt, at the close of Anne's reign, was merely not uncommon, but general. Such as were of the privy council signed a report contrary to evidence, which was laid before them at that board. The Puisne Judges concurred in this falsity
