Since the proclamation occasioned by my last letter, and a due preparation for proceeding against me in a court of justice, there have been two printed papers clandestinely spread about, whereof no man is able to trace the original further than by conjecture, which with its usual charity lays them to my account. The former is entitled, “Seasonable Advice,"[18] and appears to have been intended for information of the grand jury, upon the supposition of a bill to be prepared against that letter. The other[19] is an extract from a printed book of Parliamentary Proceedings in the year 1680 containing an angry resolution of the House of Commons in England against dissolving grand juries. As to the former, your lordship will find it to be the work of a more artful hand than that of a common Drapier. It hath been censured for endeavouring to influence the minds of a jury, which ought to be wholly free and unbiassed, and for that reason it is manifest that no judge was ever known either upon or off the bench, either by himself or his dependents, to use the least insinuation that might possibly affect the passions or interests of any one single juryman, much less of a whole jury; whereof every man must be convinced who will just give himself the trouble to dip into the common printed trials; so as, it is amazing to think, what a number of upright judges there have been in both kingdoms for above sixty years past, which, considering how long they held their offices during pleasure, as they still do among us, I account next to a miracle.
[Footnote 18: See p. 123. [T.S.]]
[Footnote 19: See note on p. 127. [T.S.]]
As to the other paper I must confess it is a sharp censure of an English House of Commons against dissolving grand juries by any judge before the end of the term, assizes, or sessions, while matters are under their consideration, and not presented; is arbitrary, illegal, destructive to public justice, a manifest violation of his oath, and is a means to subvert the fundamental laws of the kingdom.
However, the publisher seems to have been mistaken in what he aimed at. For, whatever dependence there may be of Ireland upon England, I hope he would not insinuate, that the proceedings of a lord chief justice in Ireland must depend upon a resolution of an English House of Commons. Besides, that resolution although it were levelled against a particular lord chief justice, Sir William Scroggs,[20] yet the occasion was directly contrary: For Scroggs dissolved the grand jury of London for fear they should present, but ours in Dublin was dissolved because they would not present, which wonderfully alters the case. And therefore a second grand jury supplied that defect by making a presentment[21] that hath pleased the whole kingdom. However I think it is agreed by all parties, that both the one and the other jury behaved themselves in such a manner, as ought to be remembered to their honour, while there shall be any regard left among us for virtue or public spirit.