Since the proclamation occasioned by my last letter, and a due
preparation for proceeding against me in a court of justice, there have
been two printed papers clandestinely spread about, whereof no man is
able to trace the original further than by conjecture, which with its
usual charity lays them to my account. The former is entitled,
"Seasonable Advice,"[18] and appears to have been intended for
information of the grand jury, upon the supposition of a bill to be
prepared against that letter. The other[19] is an extract from a printed
book of Parliamentary Proceedings in the year 1680 containing an angry
resolution of the House of Commons in England against dissolving grand
juries. As to the former, your lordship will find it to be the work of a
more artful hand than that of a common Drapier. It hath been censured
for endeavouring to influence the minds of a jury, which ought to be
wholly free and unbiassed, and for that reason it is manifest that no
judge was ever known either upon or off the bench, either by himself or
his dependents, to use the least insinuation that might possibly affect
the passions or interests of any one single juryman, much less of a
whole jury; whereof every man must be convinced who will just give
himself the trouble to dip into the common printed trials; so as, it is
amazing to think, what a number of upright judges there have been in
both kingdoms for above sixty years past, which, considering how long
they held their offices during pleasure, as they still do among us, I
account next to a miracle.
[Footnote 18: See p. 123. [T.S.]]
[Footnote 19: See note on p. 127. [T.S.]]
As to the other paper I must confess it is a sharp censure of an English
House of Commons against dissolving grand juries by any judge before the
end of the term, assizes, or sessions, while matters are under their
consideration, and not presented; is arbitrary, illegal, destructive to
public justice, a manifest violation of his oath, and is a means to
subvert the fundamental laws of the kingdom.
Public-domain text, read in full here on John Shaqi.
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