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296 majority of the preceding judicial characters. Englishmen of the first class did not look for such situations, and ministers adhered too strongly to the interests of their master to comply with the solicitations of inferior persons. An early and applauded act of the new government was to restore the First and Second Sergeants to their accustomed rank. Sir Audley Mervyn, Speaker of the House of Commons, was appointed Prime Sergeant; his tried talents in a civil and military line entitled him to such a place, an office already filled by three speakers, and which had been held (until the usurpation) by Sir Maurice Eustace, the new Lord Chancellor; since that period, if a few weak or worthless men have been Prime Sergeants, be it remembered, that the legal talents of Bernard and Singleton, the eloquent powers of Hutchinson and Burgh were displayed in that official situation, and the full union of both perfections in the person of Malone. The Second Sergeant's salary was at this time also increased, and permanently fixed upon the establishment.

Among the Judges were Sir Jerome Alexander, Second Justice of the Common Pleas, and Sir William Aston, Second Justice of the King's Bench; they had a curious dispute about precedence. The King's letter for the latter bears an earlier date than that for Sir Jerome. Patents passed on the same day, and both were sworn together.

Sir Jerome Alexander was of long standing in the English Inns of Court, and published the case in a guarded, polite and learned manner, with his name annexed thereto. To this an anonymous and acrimonious answer was given. It was imputed to Sir William, as his side of the question was not only vindicated, but some presumed conversation between these legal knights introduced and animadverted upon. The well known Patrick Darcy was sent to demand an explanation, and a regular challenge succeeded on Sir William's refusal to make the slightest concession, or even to explain the feet. Though Aston figured as a colonel during the late usurpation, he declined the combat, and even applied for an information against Darcy. This