Court of King's Bench, and the decision there is thus recorded by Sir James Burrow in his Reports: "A woman having a settlement The question was, he being dead, "Quoth SIR JOHN PRATT, the settlement Living the husband; but him dead, (Chorus of Puisne Judges.) "Living the husband, but him dead, This decision seems to have created a great sensation in Westminster Hall; but the glory which it conferred on Chief Justice Pratt soon passed away, for, as far as the suspension was concerned "living the husband," it was reversed by his successor, Chief Justice Ryder, who determined, with his puisnies, that the maiden settlement continues after marriage till a new settlement is gained; and that although the wife cannot be separated from the husband by an order of removal, if he, having no settlement, has deserted her, she may be sent to her parish for relief, even in his lifetime: "A woman having a settlement, He flies and leaves her destitute; “Quoth RYDER, the Chief Justice, Suspension of a settlement Is not to be maintained; That which she had by birth subsists (Chorus of Puisne Judges.) "That which she had by birth subsists Chief Justice Pratt acquired considerable credit by his firm conduct in the famous controversy between Dr. 1 Burr. Sett. Cas. 124; Burn's Just., tit. " Settlement." St. John's, Wapping, v. St. Botolphs, Bishopgate, Burr. S. C. 367; a Bott. 109. Bentley and the University of Cambridge. When, on the application of this very learned and very litigious scholar, the Court of King's Bench had granted an attachment against his enemy, Dr. Colbatch, the author of Fus Academicum, for a contempt of their jurisdiction, Sir Robert Walpole and Lord Macclesfield attempted to exercise their influence in his favor. But," says Bishop Monk, "the patronage of these great ministers was not calculated to render the unfortunate divine any real service. The distinguished Judge who presided on the bench entertained a high notion of the dignity of his court, and the necessity of redressing all attempts to disparage or question its authority. He had, also, too just an opinion of the sanctity of the judicial character not to be jealous of the interference of persons in power with the administration of justice. He heard, therefore, the representations of the Cabinet Ministers without the least disposition to attend to them; insomuch that the Premier accounted for his inflexibility by observing that 'Pratt had got to the top of his preferment, and was therefore refractory and not to be governed by them.'" According to our notions, we should rather blame the Chief Justice for suffering interviews with a party in a pending proceeding, for we read with surprise this mitigation of his supposed sternness: "However, when Dr. Colbatch, by advice of the Lord Chancellor, waited on the Chief Justice at his house in Ormond Street, he behaved to him with considerable candor and mildness; he declared, indeed, that he viewed the offense in a serious light, but assured him that he would take no advantage of his having privately acknowledged himself author of the book." The writer of Jus Academicum, for having said, in allusion to the Court of King's Bench granting writs of mandamus and prohibition against the University of Cambridge, "that they who intend to subvert the laws and liberties of any nation commonly begin with the privileges and immunities of the Universities," was sentenced by Chief Justice Pratt to be imprisoned, fined £50, and bound over to his good behavior for a twelvemonth.' Then followed Bentley's application for a mandamus I Monk's Life of Bentley, vol. ii. ch. xvi. p. 185. to the University of Cambridge to restore him to his academical degrees, of which he had been deprived without having been duly summoned or heard. After the case had been argued several successive terms, at prodigious length, Chief Justice Pratt said, "This is a case of great consequence, not only to the gentleman who is deprived, but likewise as it will affect all the members of the University. It is the glory and happiness of our excellent constitution, that, to prevent any injustice, no man is to be concluded by the first judgment; but that, if he apprehends himself to be aggrieved, he has another court to which he can resort for relief: with this view, the law furnishes him with ap peals and with writs of error; and in this particular case, lest the party complaining should be remediless, it has become absolutely necessary for this Court to order the University to lay before us the state of their proceedings against him, so that if they have erred he may have right done to him, or if they have acted according to the rules of law, their acts may be confirmed. The University ought not to consider it any diminution of their honor, that their proceedings are examinable in a superior court. For my own part I am sure it is a consideration of great comfort to me, that, if I do err, my judgment is not conclusive, and my mistake may be rectified. As to Dr. Bentley's behavior when served with. process out of the Vice-Chancellor's Court, I must say that it was very indecent, and I can tell, if he had said. as much of our process, we should have laid him by the heels for it. But however reprehensible it might be for him to say of the Vice-Chancellor, stultè egit, such words will not justify a suspension or deprivation of academical degrees. Be these matters how they will, surely he could not be deprived without notice. Our law adopts the first rule of natural justice, that no man shall be condemned till he has been heard or had an opportunity of being heard in his defense. The Vice-Chancellor's authority ought to be supported for the sake of keeping peace within the University, but then he must act according to law, which I do not think he has done in this instance." The Puisnies concurred, one of them citing a prece dent of high authority-Adam and Eve's case before God himself. Fortescue, F.: "Even God himself did not pass sentence upon Adam before he was called upon to make his defense. 'Adam (says God), where art thou? Hast thou eaten of the tree, whereof I commanded thee that thou shouldst not eat?' And the same question was put to Eve also."-A peremptory mandamus was granted.' There was only one state trial before Chief Justice Pratt, that of Christopher Layer, prosecuted for having conspired to bring in the Pretender by means of a French invasion. On this occasion there was exhibited from the bench a harshness which reminds us much more of ante-Revolution judges than of the mild demeanor of Holt. The prisoner, a gentleman of birth and education, having been brought to the bar at his arraignment loaded with irons, said, My Lord, I hope I shall have these chains taken off, that I may have the free use of that reason and understanding which God hath given me. They have brought upon me the strangury to a degree that is very painful; and if I am told truly that your Lordship is afflicted with that distemper, you will pity me. I hope that these chains shall be taken off in the first place, and then I hope that I shall have a fair trial." Pratt, C. J.: “As to the chains you complain of, it must be left to those to whom the custody of you is committed by law, to take care that you do not make your escape; when you come to your trial, then your chains may be taken off." Sir Robert Raymond, A. G.: "I am sure nothing is intended but that he should have a fair trial; but to complain here of chains, carries with it a reflection of cruelty, and we know what effect these things may have abroad. The prisoner hath been kept as all persons in his circumstances are when they have been attempting to make an escape." Pratt, C. J.: "Alas! If there hath been an attempt to escape, there can be no pretense to complain of hardship; he that hath attempted to escape once, ought to be secured in such manner as to prevent his escaping a second time." Sir Philip Yorke, S. G.: “It is well known that when this gentleman was in the cus 1 Strange, 557; 2 Lord Raymond, 1334. tody of a messenger, he not only made an attempt to escape, but actually escaped out of a window, two pair of stairs high. It does not become the candor of a person in the prisoner's circumstances to aggravate and make such misrepresentation of the usage he has received." Gentleman Failer of the Tower of London: "My Lord, he never has attempted to escape since he was in my custody." Mr. Hungerford, counsel for the prisoner: "My Lord, I beg to be indulged a few words: that he is in chains now is demonstrable, and he hath told me they are so grievous that he cannot sleep but in one posture-on his back. Your Lordship may observe that the Gentleman Jailer, who seems to execute his authority with all humanity, now helps to hold up his chains, otherwise he could not stand. I believe I might challenge them to give an instance where any prisoner was shackled with irons in the Tower before Mr. Layer. His Majesty's prisoners in the Tower are such strangers to this usage, that the very materials were wanting there; these fetters were sent for from Newgate, and I hope they will be sent back thither. Your Lordship hath hinted it as an indulgence intended to him when he comes to his trial, that his irons shall be taken off; but I humbly insist upon it, that by law he ought not to be called upon even to plead, till he may exercise his mental faculties free from bodily torture." Pratt, C. J.: "This is nothing but to captivate the people. What signifies his chains being taken off this minute, and afterwards put on again the next?" Mr. Hungerford: "We might humbly apprehend and hope, my Lord, that the better to prepare himself for his trial, he may continue without his chains till after that time." Pratt, C. 7.: "I am of another opinion; and if we should order his chains to be taken off, and he run away, I do not know but we are guilty of his escape. He shall have a fair and just trial, but to make objections in matters of this nature is to cast a reflection on the Court for not doing that which is not in their power to do." The prisoner was undoubtedly guilty, but the harsh manner in which his trial was conducted throughout excited a strong sympathy in his favor: he was regarded |