er, and "however fit he might be to
_charge_ the Roundheads under Prince Rupert, he was very unfit to
_charge_ a jury in Westminster Hall." In 1660 he took part in the
trial of the Regicides and led in the prosecution of Colonel Hacker,
who in 1649 had charge of the execution of Charles I. In 1662 he took
part in the prosecution of Sir Henry Vane, and by his cruel subtlety
in constructing law, that former governor of Massachusetts,--one of
the most illustrious minds of England, innocent of every crime, was
convicted of high treason and put to death.[17] For this service, in
1663 Kelyng was made a judge; and then, by loyal zeal and judicial
subserviency, he made up "for his want of learning and sound sense."
But he was so incompetent that even the court of Charles II. hesitated
to make him more than a puny judge. But he had been a "valiant
cavalier," and had done good service already in making way with such
as the king hated, and so after the death of Sir Nicolas Hyde, he was
made Lord Chief Justice in his place. "In this office," says Judge
Campbell, he "exceeded public expectation by the violent, fantastical,
and ludicrous manner in which he conducted himself."[18] But I will
not now anticipate what I have to say of him in a subsequent part of
this defence.

[Footnote 17: 6 St. Tr. 161.]

[Footnote 18: 1 Campbell Justices, 401.]

Gentlemen of the Jury, we shall meet these three together again before
long, and I shall also speak of them "singly or in pairs." In the mean
time I will mention one similar appointment in the reign of George the
III.--the last king of New England.

* * * * *

In 1770 Sergeant Glynn, in Parliament, moved for an inquiry into the
administration of criminal justice. Edmund Thurlow, a rough venal man,
then recently appointed solicitor-general, proposed that a severe
censure should be passed on him for the motion. Thurlow wanted the
trial by jury abolished in all cases of libel, so that the liberty of
the people should be in the exclusive care of government attorneys and
judges appointed by the crown. Hear him speak on the 6th of December,
1770.

"In my opinion no man should be allowed with impunity to
make a wanton attack upon such venerable characters as the
judges of the land. We award costs and damages to the
aggrieved party in the most trifling actions. By what
analogy, then, can we refuse the same justice in the most
import