Imatges de pàgina
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But Gentlemen, if we invite our Friends to Dinner, and the Gates and Doors are left open for all perfons that please to come in and partake of what the Cellar and Kitchin will afford, and no Violence or Rudeness is offer'd to any person, this is not a Riot within the meaning of the Law; and if any fuch thing fhall be offer'd to your confide ration, I hope you will not take it to be your Duty to present it.

Gentlemen, one thing more I will mention, and then I will difmifs you: There is a new Opinion which obtains very much, which is this, That a Grand Jury is oblig'd to find every Indi&ment, without confidering the Credibility of Perfons that Swear to it, and the probability of what they fwear.

I muft confefs, I do not understand the reaso nableness of this Doctrine, for by this Rule a man has more play for any thing elfe than his Life: Firft, As to his Eftate, he has Relief three feveral ways, firft, at Common Law; fecondly, in Chancery and thirdly, in Parliament. As to his Reputation, though he may be injured by a false Verdici, yet by an Arreft of Judgment he may have another Hearing, or elfe in procefs of time he may come to redeem his Credit fome other way; but when an Indiciment is preferred against a Man for his Life, and the Grand Jury are oblig'd to Find the Bill, if it be Sworn to, then that man has but one play for his Life, and if the Petty Jury give a falle Verdict, there's an end of him, for there is no redemption from the Grave.

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But befides, if you are obliged of course to Find every Bill, if it be fworn to, and may not confider and deliberate upon the Evidence before you, not only a great many will be put to caufelefs Trouble and unneceffary Charge, but it will be an undervaluing of your Service, and a leffening of the Truft that your Country reposes in you. It is a new Doctrine, and therefore it is not convenient to be too forward to put it into practise, till time shall prove that it is agreeeble to the Fundamentals of the Government.

And now, Gentlemen, I will detain you no longer, but do pray GOD to direct you in your Bufines.

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Monarchy the Best Government,

AND THE

ENGLISH

Beyond all others.

WITH

SOME RULES

For the Choice of

Members to Serve in Parliament.

Gentlemen of the Grand Fury,

I

T is very probable, that this is not the first time that all or many of you have been upon the Grand Jury, and therefore I have great reason to believe, that all or moft of you are acquainted with what your Country expects from you this day; and for that cause I fhall contract my Dif courfe into as narrow a compafs as the prefent

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occafion will permit; but before I tell you the Particulars of your Charge, I think it may not be impertinent (confidering the prefent juncture) to give you a fhort account of the Government of England, as it stands at this day.

Gentlemen,

Peace and Justice is the End of every Government under the Sun, and this is then only to be hoped for when the King or Governour duly executes and adminifters the Laws and Justice, and the People are difpofed to obey and be governed by them; therefore it does naturally follow, that in every Government there is a Supreme Power to which all are to fubmit, whilft that Power contains it felf within the Laws; for without this there can be no Order or Peace: if every man will be his own Mafter and Fudge in his own Cafe, and not own a Superiour, our condition would quickly be worfer than that of the Brute Beafts, for amongst them there seems to be a kind of Government.

Now, that fort of Government appears to be moft proper and agreeable to Mankind, where the power and administration of the Laws and Fuftice is vefted or fetled in one fingle perfon. And this is fully cleared by the courfe of Experience ever fince the World began, although fome People are not fo happy as to enjoy this Bleffing.

But Gentlemen, that Government which is under a fingle perfon (I mean a King) is more or lefs happy for the People, according as it depends more upon the King's Will, and fo confequently lefs upon the Laws; or elfe more upon the Laws,

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