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"If we can discharge a person committed per mandatum regis, à fortiori I think we can discharge from a commitment of the House of Commons.

"The House of Commons, it is true, have a power over their own members, and may commit them: but to say that their commitment of any other person (though never so unlawful) is unexaminable, will tend to make Englishmen slaves, which, while I sit here, I can never consent to."

The Chief Justice then observing, that several members of the House of Commons were in court,

(Lord Dysart, Mr. Bromley, &c.) added; " I hope "I never to be overawed from doing justice, and I think we sit here to administer equal justice to all her Majesty's subjects; and therefore it is my judgement, that these prisoners ought to be discharged."

In this case, however, he was again over-ruled by the majority of his brethren on the bench. John Paty and one of his fellow-prisoners now moved for a Writ of Error, to bring the matter before the House of Lords. This writ was only to be obtained by petitioning her Majesty, that the judgement of the Court of Queen's Bench might be brought before her Majesty in parliament.' The Commons, alarmed at these petitions, carried up an address to the Queen, desiring her not to grant the writ of error. The opinion of the Judges was taken upon this; when ten of them, of whom Holt was one, agreed that in civil matters a petition for a Writ of Error was a petition of right, and not of grace. That the House of Commons, therefore, should desire the Queen not to grant a petition of right, in opposition to the very terms of her coronation-oath, was to be regarded as a measure, which might be followed by the most

pernicious consequences; and the House of Lords, among other votes upon the occasion, passed the following:

"That neither House of Parliament has any power, by any vote or declaration, to create to themselves any new privilege, that is not warranted by the known laws and customs of parliament.

"That every freeman of England, who apprehends himself to be injured, has a right to seek redress by action at law; and that the commencing and prosecuting of an action at common law against any person, not entitled to privilege of parliament, is legal.

"That the House of Commons, in committing to Newgate John Paty, &c. for commencing and prosecuting an action at the common law, against the constables of Aylesbury, for not allowing their votes in election of members to serve in parliament, upon pretence that their so doing was contrary to a declaration, a contempt of the jurisdiction, and a breach of the privilege of that House, have assumed to themselves alone a legislative authority, by pretending to attribute the force of a law to their declaration; have claimed a jurisdiction not warranted by the constitution; and have assumed a new privilege, to which they can have no title by the laws and customs of parliament: and have thereby, as far as in them lies, subjected the rights of Englishmen and the freedom of their persons to the arbitrary votes of the House of Commons.”

This affair at length occasioned so violent a contest between the two Houses, that the Queen in order to put an end to it dissolved the parliament in April, 1705.

Sir John Holt held the office of Chief Justice for

the space of twenty one years, with the highest credit to himself, and the greatest advantage to his country. He died March 5, 1709, at his house in Bedford Row, after a lingering illness, in the sixty eighth year of his age; and was interred in the parish-church of Redgrave, in the county of Suffolk, where a sumptuous marble monument was erected to his memory. He married Anne,* daughter of Sir John Cropley, Bart., but left no issue.

He had a just sense of the extreme danger of calling in the military power, under the pretence of assisting the civil magistrates in the execution of the laws, and would not upon any occasion give it his countenance. While he held the office of Chief Justice, a riot occurred in Holborn, in consequence of a wicked practice at that time prevalent, of decoying young persons of both sexes to the plantations. These victims were kept prisoners in Holborn, till they could be shipped off; which being discovered, the enraged populace were about to pull down the house. A party of the guards were immediately ordered thither. An officer, however, was first despatched to the Chief Justice, apprising him of the design, and requesting the co-operation of the civil power. On receiving the message, Holt inquired, "Suppose the populace should not disperse at your appearance, what are you to do then?" "We have orders, my Lord (answered the officer) to fire upon them." "Have you, Sir (replied the Chief Justice)? then take notice of what I say: If

*If we may trust an extract of a Letter from Arbuthnot to Swift (quoted by Chalmers), they did not live very happily together: "I took the same pleasure in saving him (Gay), as Radeliff did in preserving my Lord Chief Justice Holt's wife, whom he attended out of spite to the husband, who wished her dead."

there be one man killed, and you are tried before me, I will take care that you and every soldier of your party shall be hanged. Go back, Sir, to those who sent you, and acquaint them that no officer of mine shall attend soldiers;' and let them know at the same time, that the laws of this kingdom are not to be executed by the sword:' these matters belong to the civil power, and you have nothing to do with them." He then ordered his tipstaves, with a few constables, to attend him; went himself in person into the midst of the tumult, expostulated with the mob, and assured them that justice should be done upon the objects of their indignation;' upon which, they all quietly dispersed.

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Two entertaining incidents of his life, preserved in a collection of Anecdotes of Eminent Persons,' though of somewhat dubious authority, shall here be inserted.

He was extremely wild, it is said, in his youth; and being once engaged with some of his raking companions in a trip into the country, in which they had spent all their money, it was resolved that they should try their fortune separately. Holt got to an inn at the end of a straggling village, and ordering his horse to be taken care of, bespoke supper and a bed. He then strolled into the kitchen, and seeing a girl about thirteen years old shivering with an ague, inquired of his landlady who she was, and how long she had been ill?' The good woman told him, that she was her only child, and had been ill nearly a year, notwithstanding all the assistance she could procure from physic.' He shook his head at the doctors, and bade her be under no farther concern, for that her daughter should never have another

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fit.' He then wrote a few unintelligible words in court-hand on a scrap of parchment, which had been the direction to a hamper, and rolling it up, ordered that it should be bound upon the girl's wrist, and remain there until she was well.' As it happened, the ague returned no more; and Holt after having remained there a week, calling for his bill, "God bless you," said the old woman, " you're nothing in my debt, I'm sure; I wish, on the contrary, that I was able to pay you for the cure, which you have performed upon my daughter; if I had had the happiness to see you ten months ago, it would have saved me forty pounds." With pretended reluctance he accepted his accommodation as a recompence, and rode away.

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Many years afterward, he went a circuit as one of the Judges of the King's Bench into the same county, when among other criminals an old woman was brought before him charged with witchcraft. support this charge, several witnesses swore that she had a spell, with which she could either cure such cattle as were sick, or destroy those that were well: in the use of this spell she had been lately detected, and it was now ready to be produced in court.'. Upon this, the Judge desired it might be handed up to him. It was a dirty ball, wrapped round with several rags, and bound with packthread: these coverings he carefully removed, and beneath them found a piece of parchment, which he immediately recognised as his own youthful fabrication. For a few moments he remained silent; at length, recollecting himself, he addressed the Jury to the following effect: "Gentlemen, I must now relate a particular of my life, which very ill suits my present character, and the station in

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