es "s inflamedor where one of the parties is CHAP. IX. favoured, and the other a stranger or Juries. " obnoxious a Jury is liable to the strongest sentiments of Sir objections. Sometimes, there may be the W. Blackstone, "strongest bias, without any pecuniary interest., Blacks: Com; "In these cases, to summon a Jury labouring "under such prejudices, is to lay a snare for vol. 3. p. 38 "their consciences-and, though they should "have virtue and vigour of mind sufficient to keep them upright, the parties will grow “suspicious, and resort under various pretences "to another mode of Trial.” &c. the Irish Legis The Legislators of Ireland have recorded, by Sentiments of old Statutes, their nice sensibility of the mischiefs Latures flowing from the partialities of individual Jurors; and have, indeed, evinced towards Catholic Jurors a principle of suspicion and distrust, which they appear to have deemed wholly inapplicable to themselves. For they enacted, Sect. 5. "That Issues to determine questions arising upon 6 Anne c. 6. "any of the Popery Laws, should be tried by known Anne, . 3. S. "Protestants only. 8 50. 29 Geo. 2. c. Ó.. "That no Catholic should be allowed to serve upon "any Jury, to be impanelled to try any action between Sect. 12. "Or upon any Jury impanelled to try an accusation 11 Geo. 2. c. 7. "of enlisting Soldiers for foreign service." We do not cite these Laws as still existing; S. 3. Juries. CHAP. IX. but as proofs of an exclusive practice in the formation of Juries in Ireland, which was long warranted by positive Law-and we feel no tion in Ireland. hesitation in affirming, that it still exists in daily practice and efficacy. The Law is dead-but its hostile habits maintain a noxious existence. Their constitu this respect. If, then, the Legislators of Ireland, in those days, found reason to entertain serious Complaints of apprehensions from even the participation of the Catholics in Catholics with them in exercising the functions of Jurors-how justifiable at this time must be the complaints of the Catholics, if they see that those functions are, in daily practice, exerciseable to their prejudice by the -most hostile Protestants exclusively—in all cases, where Sectarian prejudices may operate upon the regular course of Justice. Difference of qualification of property against Catholic Jurors. 29 Geo. 2. ch.6. acct. I. Here, too, we may notice another proof of partiality in this respect, still remaining upon the Statute Book of Ireland. By a Statute, enacted in 1755, it is provided, "That every Juror shall possess a "freehold estate of £10 yearly, upon any Trial in "the Four Courts, or before the Justices of Assize, or "at Nisi Prius (save strangers on trials per medietatem, "and except in Counties of Cities and Towns): but, "if the Juror be a Protestant -a chattel estate or a "profit rent of £15 yearly, by lease for at least 15 years unexpired, shall be a sufficient qualification." SECTION V. CHAP IX. JURIES. "Of the mischiefs, inflicted upon the Catholics, "by the present mode of selecting Juries.” We shall consider this subject-under the distinct heads of Grand Juries, and Petty Juries. Mischiefs 1. Every GRAND JURY, according to the GRAND JURIES. true principles of the Constitution, ought to be composed of 23 Gentlemen of the first Rank and fortune amongst those of the County and Manner of se City, who are willing to attend and be sworn. lecting Grand Jurors in Ireland. 6 Anne. Ch: In Ireland, the practice is otherwise. By a Statute, enacted in 1708, Catholics were declared 6: Sec. 5. to be incapable of serving as Grand Jurors, unless a sufficient number of Protestants could not be procured to attend-and, altho' this Statute was repealed in 1793 (33 Geo. 3. ch. 21) its principle continues to be acted upon, in a great degree, throughout Ireland—and particularly in Cities and Towns. The Sheriff accordingly prepares his panel, upon a purely political scale-and the Catholics are virtually excluded- or, if Y CHAP. IX. a few are sometimes tolerated reluctantly, they are only so upon some promise, or understandGRAND JURIES ing-of their voting for the Government Candidate. Their Powers, in Ireland Now, the powers of Grand Juries in Ireland are of enormous extent-far beyond any thing of the kind known in England. They may-not only find or reject Indictments and Presentments, at discretion; but impose heavy Landtaxes-They are authorised, by numerous Levying heavy Acts of Parliament, present unlimited Land-taxes. to sums for the building of Gaols, Courthouses, Hospitals, Bridges, and other public edifices-for the making and repairing of Highways to any extent-for the payment of High Constables and Sub-constables, Collectors and Clerks for compensating sufferers in many specified cases-and for numerous other purposes. They are also invested with various local powers of nominating and controuling civil officers-of distributing patronage, &c.-In short, they exercise Jurisdiction in Ireland, little short of that annexed to a Parliament-especially as to the imposition and collection of Taxes. The annual amount of Presentments, levied upon each County, varies considerably sometimes not exceeding £6000-at other times, not less than 60 or £70,000-This Sum is applotted CHAP. IX. upon the Lands in the respective Counties, and per GRAND JURIES at an acreable rate, often amounting to 3s. 6d. cottagers and peasants. The Levy Landtimes £70,000, annually upon one County. See the Assizes tice Day, BarCharges of Jus&c. 1810. on Smith, &c. Grand Jury jobs. The Liable to frauds, perjur. ies &c. The same observations apply to the other functions of Grand Juries in Ireland. more extensive are their powers, the more ample their opportunities of manifesting partiality and injustice-We have already treated of the abuses and inequitable taxation, permitted by Law to Parochial Vestries: or, in other words, to the Prostestant Inhabitants of each Parish. But the Frauds, Perjuries, and Mal-practices, flowing from the abuse of the great powers vested in Grand Juries, form a subject of complaint so notorious and so severe, as to call loudly for some effectual and permanent. Ante Chap. 7. |