GRAND JURIES of ENGLAND EXPLAINED, According to the Fundamentals of the English Written by the Right Honourable JOHN LORD SOMERS, Baron of EVESHAM, And Lord HIGH CHANCELLOR of ENGLAND. A NEW EDITION. LONDON: Printed for J. A L M O N, oppofite Burlington- [Price One Shilling and Sixpence.] This excellent Tract has for many years been very fcarce, although feveral times ftrongly recommended by the beft writers on the English conftitution; and in particular by the learned and able author of The Letter upon Libels and Warrants, &c. As that ingenious Work treats fo fully upon the rights and privileges of Petit and Special Juries, this admired performance, on the fubject of Grand Juries, is thought to be its proper companion. JMU 54 272 52 BISHOP Burnet informs us, that this Tract was written on occafion of the Grand Jury of the City of London returning an Ignoramus upon a bill of indictment presented against Lord Shaftesbury in the year 1681. The court declaiming violently against this Jury, and affirming that they were actuated by a spirit of party, it was urged in their defence (fays the Bishop) that by the express words of their oath, they were bound to make true presentments of what should appear true to them; and therefore if they did not believe the "evidence, they could not find a bill, though "fworn to. A book was writ to fupport that, " in which both law and reason were brought "to confirm it. It paft as writ by Lord Effex, "though I understood afterwards it was writ Callery-8-12 66 $6 by SOMERS, who was much efteemed and "often vifited by Lord Effex, and who trufted "himself to him, and writ the best papers that came out in that time. It is true, by the "Practice that had generally prevailed, Grand Juries were eafy in finding bills upon a flight " and probable evidence. But it was made out, that the words of their oath, and the " reason of the law, feemed to oblige them to "make no presentments, but such as they believed to be true." Vol. I. p. 509. fol. Edit. A certain living writer fpeaks thus: "Since "the foundation of the English government, many have been the attempts to break in upon its conftitution; and with various fuc 66 66 1 "cefs. More than once it has, feemingly, "been quite overturned and destroyed, either by the open attacks of violence, or by the 86 66 66 more fure ways of undermining, fapping, "and corrupting; and fometimes by all toge"ther: But fuch has been our happiness, that "Providence has, hitherto, been fo benign, as, upon all fuch occafions, to ftretch forth the almighty arm in our defence, never failing to animate fome great and good men to "undertake the recovery of our civil and religious rights; and enlightening the minds of the people, to a noble imitation of their vir 66 tue and courage. 66 66 66 "One of which was the great author of The "Security of Englishmen's Lives; who, at a Time "when Defpotifm had taken long Strides to"wards, and very near had broke down all "the fences of liberty, fent forth this small "Treatife into the world; which, together "with fome other excellent things published "about the fame time, convinced the generality of the people of the ineftimable value 66 of those birth-rights, which were then going "to be taken from them; and raised that spirit throughout the kingdom, which was at last productive of the great and happy REVOLUTION; which reftored our ancient rights and privileges, and confirmed them to us fo ftrongly, that nothing lefs than a general luxury and depravity of manners, and their "natural and infeparable concomitant, an uni"verfal corruption, can ever deprive us of "them. "One of the great out-works of liberty is a "Grand Jury; which, by our old conftitution, 66 was 66 "was the principal guard of every man's life, "liberty and eftate; for by our known laws "no fubject of this realm could be brought to "the bar of juftice, without having his case "firft inquired into by a Grand Jury; who 66 are in the first place to examine whether the charge be in its own nature criminal or in"dictable; and fecondly, whether the perfon "fo charged be guilty of the fact for which he "ftands accused. If in the firft inftance they "don't find the charge to be in its own nature "criminal or indictable, then they have nothing more to do than to discharge the bill as infufficient; and in the second inftance, "if the accufation be not properly supported by evidence, they must by their oaths throw " out the indictment, to the great relief of the unhappy person fo accufed: and that this is a principal part of a Grand Jury's office, appears not only from legal reafon, but by exprefs ftatutes, viz. 25 Edw. 3. 4, and 42 Edw. 3; 3, which fay, that for preventing mis"chiefs done by FALSE ACCUSERS, none "fhall be put to answer, unless it be by indictment, or prefentment of good and lawful men of the fame neighbourhood where fuch "deeds be done;" which can be meant of no "other than a Grand Jury. 66 66 66 66 66 66 66 But, alas! how often has this well-con"trived barrier of liberty been broke in upon by the unconftitutional method of bringing or filing informations in the court of King's Bench, and obliging many of the best subjects of this realm, to answer at that or some "other awful tribunal, for no crimes but 66 66 bravely endeavouring to support the rights " and 66 |