maxim can
never run a prince into excesses. We do not only find those princes
represented in history under odious characters, who have basely betrayed
the innocent, but such as by their spies and informers were too
inquisitive after the guilty, whereas none was ever blamed for clemency,
or for being too gentle interpreters of the law. Though Trajan was an
excellent prince, endowed with all heroical virtues; yet the most
eloquent writers, and his best friends, found nothing more to be praised
in his government, than that in his time, all men might think what they
pleased, and every man speak what he thought, this I say, that if any
amongst us by violent measures, and a dictatorial behaviour have raised
jealousies in the minds of His Majesty's faithful subjects, the blame
may lie at their door.

I know it has been said for His Majesty's service, grand juries may be
forced to discover their counsels: But you will confess a king can do
nothing against law, nor will any honest man judge that for his service,
which is not warranted by law. If a constant uninterrupted usage, can
give the force of a law, then the grand jurymen are bound by law, as
well as by their oaths, to keep the King's, their fellows' and their own
counsel secret. Bracton and Britton in their several generations bear
witness, that it was then practised; and greater proof of it needs not
be sought, than the disputes that appear by the law-books to have been
amongst the ancient lawyers, Whether it was treason or felony for a
grand juryman to discover their counsels--The trust of grand juries was
in those days thought so sacred, and their secrecy of so great concern
to the kingdom, that whosoever should break their oaths, was by all
thought worthy to die, only some would have them suffer as traitors,
others as felons.

If a king's commands should come to the judges of a court of justice or
to a jury, desiring them to vary from the direction of the law, (which
it is criminal to say, and no man ought to be believed therein) they are
bound by their oaths not to regard them. The statute of 2 of E. 3. 8.
and 20 E. 3. I. are express; and the substance of these and other
statutes is inserted into the oaths taken by every judge; and if they be
under the most solemn and sacred tie in the execution of justice to hold
for nothing the commands of the King under the great seal, then surely
political views and schemes, the pleasure or displeasure of a minister,
in the li