Submission - Appointment of Judges [1714]

Judges.
King’s Bench.
Lord Chief Justice Parker.
Sir Littleton Powis.
Mr Justice Eyre.
Sir Thomas Powis.

This Court has the great influence on Corporations. The 2 Brothers generally act, in those maters, in oposition to the Ch. Justice and Mr. J. Eyres: therefore it would be of great use if one of their places was supplyd by another fit man.

Sir Littleton, the elder Bro:, is a man of less abilitys and consequence, but blameless. Sr Tho, of better abilitys, but more culpable; having been Attorny General to the late K. James to his abdication, and zealously instrumental in most of the steps which ruind that Prince, and brought those great dangers on the kingdom. Besides having from that time practisd the Law with great profit. He lately, when the Hopes of the Pretender’s party were raisd, laid down his practise of near 4000l, an : to be a Judge, not worth 1500l. an : for no visible Reason, but if the Pretender had suceeded, he would have made, and that very justly, a merit of this step.

If either of these be remov’d, I humbly recomend Serjeant Prat, who the Ch. Justice, Mr J. Eyres, and I beleive every one that knows him, will approve.

Comon Pleas.
Ld Ch. J. Trevor.
Mr Just. Blencoe.
Mr Just. Tracey.
Mr Just. Darmer.

There seems to be no objection to the three last. The first is an able man, but made one of the twelve Lords, which the late Ministry procur’d to be created at once (in such haste, that few, if any, of their Patents had any Preamble, or reasons of their creation), only to support their Peace, which the House of Lords, they found, would not without that addition. From that time, at least, he went violently into all the measures of that ministry, and was much trusted by them; and when they divided, a little before the Queen’s death, He sided with Ld Bolingbr., and for so doing, ’tis credibly said, was to have been made Ld President. Many of the Lords think His being a Peer an Objn to his being a Judge; because, by the constitution, the Judges ought to be assistants to the House of Lords, which they can’t be, if a Part of that Body. There is but one example known of the like; which is that of Ld Jefferys, Ch. Just. of the King’s Bench, and after Chancellor to K. Ja. the 2nd.

Tis natural to think, the other Judges stomach the distinction, while He is among them: and ’tis said that the suitors dislike the difference they find in his behaviour to them since he had this distinction. He is grown very wealthy. If it be thought fit to remove him, Sir Peter King, Recorder of the City of London, I should humbly propose as fit to succeed him.

The general opinion of Westminster Hall is, that Mr. Dodd, an antient practiser of this Court, is the fittest person to supply the place of Ch. Baron now voyd, and I must confess experience is requisite for this post above all others.

Ld Halifax recommends his Bro: Sir James Montague, who has been Attorney General to the late Queen; and my partiality to gratify my Lord’s desire would incline me to wish he may succeed.

But if Mr. Dod should be thought more proper, Perhaps Sir James M. would be pretty well content to be a Baron at least for the present.

Wch might be effected by removing Baron Banister, a man not at al qualify’d for his place (which he owes to the friendship of the late Chancellor), as any Lord will inform your Majesty.

If Sir Ja: Montague be made Ch. Baron, and your Majesty should be pleased to let Sir T. Powis be remov’d gently out of the King’s Bench, He would supply the place of B. Banister with more abilitys, and not be capable of doing much hurt in that station, as he may in his present.

As I desire all possible inquiry may be made into any of the particular above-mentioned: so I humbly request this Paper may not goe out of your Majesty's hand, nor be shewed to more then of necessity.

Of your Majesty's Council learned in the law.

I beg leave to mention at this time only the

Attorney General, and
Sollicitor General.

They who are at present in your Majesty’s service generally incline to remov them, and put in their places

Sir Peter King, above mentioned, and
Mr Lechmere.

But they are so near rivals they will never agree, the one to act under the othe those stations. Wch is another reason why Sir Peter may be more fitly disposd of as above said, in the Comon Pleas.

The Attorney General, Sir Edw. Northy, is an excellent Lawyer, and a man of Great abilitys in the Law, a moderate Tory, and much respected by that Part d no further blameable, then by obeying those, who could comand him, if He kept his Place.

If He should not be remov’d, tis reasonable to think Mr. Lechmere would accept of being Sollicitor under him: He being old and infirm, and ther being no competition between them, as to Seniority or Preheminence in their Profession.

Ther may be other expedients thought of to salve any difficultys that may arise on this scheme, but tis needless at present to trouble your Majesty therewith.

The removal, for political reasons, of Trevor, admitted to be a good Judge, was a strong measure. The other changes certainly appear for the public service.