A grand jury of a hundred (part of a county) take upon them to present a no less considerable person than the king’s brother and heir presumptive of the crown, the chief-justice thinks this a matter of too much moment for men of such sort to meddle in, but a matter more proper for the consideration of Parliament:  I would not be understood to condemn the jury; I think they acted as became honest Englishmen and lovers of their country; But I say if judges could in any case be allowed to proceed by rules of policy, surely here was a sufficient excuse.  However the commons impeached him.

The determinations of ignorant or wicked judges as they are precedents of little weight, so they are but of little danger, and therefore it will become the commons at all times to animadvert most carefully upon the actions of the most knowing men in that profession.

I say, my lord, at all times, because I hear former merit is pleaded to screen this action from any inquiry.

I am sensible much is due to the man who has always preferred the public
interest to his private advantages as -------- has done.  When a man has
signalized himself, when he has suffered for that principle, he deserves
universal respect.  Yet men should act agreeably to the motive of that
respect, and not ruin the liberty of their country to shew their
gratitude, and so, my lord, where a man has the least pretence to that
character, I think ’tis best to pass over small offences, but never such
as will entail danger and dishonour upon us and our posterity.

The Romans, my lord, when a question was in the senate, whether they should ransom fifteen thousand citizens who had merited much by their former victories, but losing one battle were taken prisoners; were determined by the advice of that noble Roman Attilius Regulus not to redeem them as men unworthy their further care, though probably it was their misfortunes not their faults lost that day.

Flagitio additis
Damnum:  neque amissos colores
Luna refert medicata fuco

He thought they were not worthy to be trusted again:——­

To shew them pity, in his mind, would betray the Romans to perpetual danger:  Et exemplo trahenti

Perniciem veniens in aevum,
Si non periret immiserabilis
Captiva pubes

I hear some precedents have been lately found out to justify that memorable action; but if precedents must control reason and justice, if a man may swear he will keep his counsels secret, and yet by precedents may be forced to divulge them, I would advise gentlemen very seriously to consider, the danger we are in; and examine what precedents there are on each side of the question, for my part I think the commons of England are not a worse precedent than the judges of England.

Besides it must be remembered that precedents in some cases will not excuse a judge, even where they are according to the undoubted law of the land, as for instance,