First as to their understandings, it must be confessed the benches are
infinitely superior to the lower professors of the law: Yet surely it
can't give offence to say the gentlemen of the several counties have
understandings sufficient to discharge the duty of grand jurymen--If
want of fortune be an objection to grand jurymen, _a pari ratione_, it
is an objection to some other men.--Besides, that the fact is not true,
for in their circuits, no judge goes into any county where he does not
meet at least a dozen gentlemen returned upon every grand jury, every
one of whom have better estates than he himself has--And these not
during pleasure, which last consideration, saves me the trouble of
shewing the weakness of the objection in the third qualification.
"Ay. But it was a necessary expedient to keep out Wood's brass."
Are the properties of the commons of this kingdom better secured by the
knight-errantry of that day? In the name of common sense, what are we to
believe? Has the undaunted spirit, the tremendous voice of ------
frightened Wood and his accomplices from any further attempts? Or rather
has not the ready compliance of ------ encouraged them to further
trials? The officers and attendants of his court may tremble when he
frowns, but who else regards it more than they do one of Wood's
farthings.
"There is no comparison," says another, "between the affair of Sir W.
Scroggs and this of ------. Sir W. discharged a grand jury because they
were about to present the Duke of York for being a Papist, but ------
discharged the grand jury for not presenting a paper he recommended to
them to present as scandalous, (and in which, I say, he was a party
reflected on.)"
I agree there is a mighty difference, but whom does it make for?
A grand jury of a hundred (part of a county) take upon them to present
a no less considerable person than the king's brother and heir
presumptive of the crown, the chief-justice thinks this a matter of too
much moment for men of such sort to meddle in, but a matter more proper
for the consideration of Parliament: I would not be understood to
condemn the jury; I think they acted as became honest Englishmen and
lovers of their country; But I say if judges could in any case be
allowed to proceed by rules of policy, surely here was a sufficient
excuse. However the commons impeached him.
The determinations of ignorant or wicked judges as they are precedents
of little weight, so they are but of little danger, and therefore it
will become the commons at all times to animadvert most carefully upon
the actions of the most knowing men in that profession.
I say, my lord, _at all times_, because I hear former merit is pleaded
to screen this action from any inquiry.
Public-domain text, read in full here on John Shaqi.
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