FREE BOOKS

Author's List




PREV.   NEXT  
|<   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207  
208   209   210   211   212   213   214   >>  
heard your lordship affirm, and therefore I do affirm it, That the great ends for which grand juries were instituted, were the support of the government, the safety of every man's life and fortune, it being necessary some should be trusted to inquire after all disturbers of the peace, that they might be prosecuted and brought to condign punishment; and it is no less needful for every man's quiet and safety, that the trust of such inquisitions should be put into the hands of persons of understanding and integrity, that will suffer no man to be falsely accused or defamed; nor the lives of any to be put in jeopardy, by the malicious conspiracies of great or small, or the perjuries of any profligate wretches. So material a part of our constitution are grand juries, so much does the security of every subject depend upon them, that though anciently the sheriff was by express law, chosen annually by the people of the county, and trusted with the power of the county, yet the law left not the election of grand juries to the will of the sheriff, but has described their qualifications, which if they have, and the sheriff return them, no man, nay no judge, can object to their being sworn, much less may they to their serving when sworn: And to prevent the discretionary power (a new-fashioned term) of these judges over juries, you used to say was made the statute of the 11th of Hen. 4. Pardon me my lord if I venture to affirm, That a dissolving power is a breach of that law, or at least an evasion, as every citizen in Dublin in Sir Constantine Phipps's time perfectly understood, that disapproving the aldermen lawfully returned to the Privy-council was in effect assuming the power of choosing and returning----But your lordship and I know dissolving and disapproving are different terms. I always understood from your Lordship the trust and power of grand juries is or ought to be accounted amongst the greatest and of most concern, next to the legislative: The honour, reputations, fortunes and lives of every man being subject to their censure; the kings of England have an undoubted power of dissolving parliaments, but dissolving 'till one was returned to their or their ministers' liking, has never been thought very righteous, and Heaven be praised never very successful. I am entirely of your lordship's opinion, the oath of a grand juryman is not always sufficiently considered by the jurors, which is as follows. "You shall diligen
PREV.   NEXT  
|<   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207  
208   209   210   211   212   213   214   >>  



Top keywords:

juries

 

dissolving

 

sheriff

 
affirm
 
lordship
 

disapproving

 

understood

 
county
 

trusted

 

safety


returned

 

subject

 

council

 
assuming
 

effect

 

aldermen

 

lawfully

 
evasion
 

Pardon

 
statute

venture

 
breach
 

Constantine

 

Phipps

 
Dublin
 

citizen

 

perfectly

 

righteous

 

Heaven

 

praised


successful

 

thought

 

ministers

 

liking

 
diligen
 

jurors

 
considered
 
opinion
 
juryman
 

sufficiently


parliaments

 

undoubted

 

Lordship

 
accounted
 

returning

 

greatest

 

fortunes

 
censure
 

England

 
reputations