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A39417 The Earl of Shaftsbury's grand-jury vindicated from the aspersions cast on them in the late address from some of the Middle-Temple, London 1682 (1682) Wing E81; ESTC R38854 4,076 2

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THE Earl of Shaftsbury's GRAND-JURY VINDICATED From the Aspersions cast on them in the late Address from some of the Middle-Temple London SIR HAving little diversion besides the reading of Gazets and other News-Pamphlets that of Feb. 20. 1681. came to me of course which tells us of a Declaration Presented to His Majesty by Edm. Saunders Esq Councellor at Law and several other Gentlemen of the Middle-Temple and Signed by the Gentlemen of that Society This indeed surprised me at first but finding no more of the Ancients of the Bar named nor the Bench so much as mention'd I concluded presently that 't was the Act only of some Good-fellows of the House who being met at a Tavern and better filled with Wine than Law thought themselves fit to give an Opinion of all things and persons and presuming that Number would add weight to their Paper stiled themselves The Gentlemen of the Society to look big in a Gazette how unvaluable soever in their Chambers Nor is it to be wondred at If a Low Birth narrow Fortune and Debauched Life do so slavishly expose some men to any great Temptation as to undervalue their Profession and abandon Religion The Laws of England are so tender of mens Lives that no one can suffer Death but by the averment of twice twelve men that he committed such a Fact for which that Punishment is awarded and therefore however of late for the advancement of Power by depriving men of half that safety which the Law gives them it hath been given in Charge to Grand-Juries to find upon a probable Evidence and always the highest Offence because it may be lessened at a Tryal where 't is expected the influence of a Court should be great enough to hang or save according to Directions Yet let every true Englishman when he serves upon this Duty consider what care the Law takes in their returns not only that they be good and lawful men but that they be of the Vicinage and so are presumed to have a clearer knowledge both of the nature of the Fact Credit of the Witnesses and Reputation of the Party accused than any other persons tho' equally able and honest yet not living within those limits can reasonably be imagined to have For as my Lord Chief Justice Vaughan observes in Bushels Case They may have Evidence from their own Personal Knowledg by which they may be satisfied and sometimes are of the incredibility of the Witnesses and as a Jury cannot discharge that Trust which the Law reposeth in them if they do not well weigh the Credit of their Evidence and all Circumstances relating to the Fact so they cannot satisfie their Consciences if they shall deliver a Verdict otherwise than they believe Therefore my Lord Chief Justice Vaughan in Bushel's Case p. 140. makes this one fault in that Return That the Jurors are not said to have acquitted the persons Indicted against full and manifest Evidence Corruptly and knowing the said Evidence to be full and manifest against the Persons indicted for how manifest soever the Evidence was if it were not so to them and that they believed it such it was so far from being a Fault that it was their Duty because sworn to give their Verdict according to the best of their knowledg and they had been forsworn at least in foro Conscientiae to have done otherwise so that according to the opinion of this great and learned Judg a Jury must and cannot otherwise be guided than by their thoughts of the Evidence What a Court may call clear and plain proof as they have done in the late and unusual way of examination of Witnesses may appear far otherwise to them and for reasons weighty and convincing and whatever men may say or write yet since they cannot believe as they please it is not in their power to alter their Judgment according to anothers direction So that there might be motives strong enough to induce the E's of S. Jury to acquit him though there had been as many more such witnesses and had all as positively sworn the Treason as those that appeared as the consideration of the Evidence it self how improbable some things were and how ireconcilable others to common sense and beleif how infamous the Witnesses were and what applications they had made to the City and perhaps to some of them for a subsistence before they entred into this Conspiracy the state of my L. S. as he stood in the way of Popish designs and therefore necessary to be destroyed and by no means so advantagious to their Cause as under the colour of a Protestant Plot to be proved by Popish Evidence How unlikely a man of his Prudence was to discover such a Design to persons that might betray but could never give the least advantage to it how fatal the Kings Death must needs be to a man of his Fortune eminently irreconcilable to Popery and a Popish S●ccess●r the Jurors might have under their consideration these or the like circumstances and from them conclude that such thorough and improbable swearing was not gratis and upon the same reasons that such a party as would be at the charge of such and so many Witnesses would not spare for Price nor want opportunity to convey into his Closet the horrid Paper that was found there It is worth consideration that every Witness comes to a Grand-Jury under the Obligation of this Oath viz. The Evidence that you shall give to the Grand Inquest upon this Bill of Indictment shall be the truth the whole truth and nothing but the truth so help you God So that hearing all that can be said against the Prisoner it were very unreasonable if they should not be so tender of his life as not to hazard it at a further Tryal if what is said on one side be not to them sufficiently convict●ve and how can a conscientious Juror aver that upon his Oath the truth whereof he is not satisfied in his Judgment For the form of their presentment runs thus The Jurors upon their Oaths do present that A. B. is guilty of Treason Murder or Felony for they must upon their Oaths aver the Fact as well as the Subsequent Jury or else the Prisoner can never be Convicted and therefore ought to be as careful in their Verdicts and not find a Bill upon that Evidence tho' of the Grand Jury which they would not upon the same Evidence find if of the other the Prisoner no way defeating it upon his Tryal Of what esteem Grand-Juries were in former times in the Tryal of mens lives how insignificant soever some would render them now by directing them to find in Course and Form may be easily collected from the Statute 3 H. 8. Chap. 12. Which though cited upon all occasions to Justifie the Authority in altering of Pannels yet the reason is not observed why that power of reforming was so intrusted the words are these Whereas great oppressions have been within most parts of England by