Having learned from your lordship and other lawyers of undoubted
abilities, that no judge ought by threats or circumvention to make a
grand-juryman discover the king's counsel his fellows' or his own I
should not at present say anything in support of that position. But that
I find a most ridiculous and false explanation seem to mislead some men
in that point: Say they, by the word counsel is understood, such bills
as are before the grand jury and the evidence the prosecutors for the
crown have to support the charge against the subject--Lest that being
known the party indictable may fly from justice, or he may procure false
witnesses to discredit the evidence for the king, or he may by bribes
and other indirect measures take off the witnesses for the crown.
I confess _I_ take that to be the meaning of the word counsel, but I am
certain that is not _all_ that is meant by it, that is what must be
understood when it is called the king's counsel, _id est_, the counsel
or reasons for which the king by his servants, his attorney-general or
coroner, has drawn and sent to the grand jury a charge against a
subject.
But the counsel of a juror is a different thing, it is the evidence, the
motives and reasons that induce him or his fellow-jurors to say _billa
vera_ or _ignoramus_, and the opinion he or they happen to be of when the
question is put by the foreman for finding or not finding: This counsel
every man is sworn to keep secret, that so their opinion and advice may
not be of prejudice to them hereafter, That as they are sworn to act
without favour or affection, so may they also act without FEAR. Whereas,
were it otherwise the spirit of revenge is so universal, there are but
few cases wherein a juror could act with safety to himself; either the
prosecuted, as where the bill is found, or the prosecutor, where it is
returned _ignoramus_, may contrive to defame the jurors who differ from
them in opinion: As I am told has happened to some very honest citizens
who are represented to be Jacobites since their opinions were know to be
against ----. And sometimes revenge or ambition may prompt men to carry
it further, as in the case of Mr. Wilmer, who in King Charles 2d's time
was very severely handled for being one of an _ignoramus_ jury.----
'Tis not necessary to say whom he disobliged by being so.----But if I
remember right his case was this.
Public-domain text, read in full here on John Shaqi.
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