Page:Chronicle of the law officers of Ireland.djvu/336

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
LEGAL HISTORY OF IRELAND.
311

truth records to be destitute of that judicial presumption which unmerited elevation and confirmed ignorance so generally assume. The ministerial arrangement was, however, exhibited at the close of the parliamentary campaign; the new Chancellor pensioned, and the secretary's retreat rewarded by the judicial appointment, rendered as permanent as an illegal patent for life could make it Thus the dose of one reign and the dawn of another was tarnished by ministerial rapine extended to the four courts, and which dared to divert two great common law officers from their original institution and end. Legal history in England furnishes no similar precedent, but deviations from justice or law are familiar to Irish readers.

In 1761, Sir Richard Aston was appointed Chief Justice of the Common Pleas, which had been (it seems) declined by the Vinerian professor. Sir Richard did not retire with composure, from this country. Grand juries and private magistrates, had frequent disputes with him on different circuits. Justice, however, warrants me to affirm, according to authentic report, that in all such instances the Judge was right, and though his manner might be rude and disagreeable, that the preceding attacks appear to have flowed from party presumption, legal ignorance, or provincial corruption. P&rliament was not resorted to; yet Sir Richard's situation became disagreeable; he therefore solicited a removal to Westminster, which was effected in the year 1765. There indeed he practised a conduct and was detected in a transaction almost equally profligate. On a motion relative to a libel in the Court of King's Bench, a barrister zealously but imprudently made an affidavit that he believed it to be no libel. This being matter of opinion, passed unnoticed by Lord Mansfield or his other brethren; but Aston's forward and corrupt malignity emboldened him to declare "that he would not believe such a man's oath." He was protected from personal resentment, action or indictment by official situation, however that shield covered him with added infamy. The barrister, though destitute of the preceding privileges, watched the Judge's secret movements,