To THE RIGHT HONOURABLE ------
I fear your lordship in your wonted zeal for the interest of your country will think this paper very unseasonable; but I am very confident not more than one man in this kingdom will be of your lordship’s judgment.
[Footnote 1: The two following severe letters are directly addressed to Lord Chief Justice Whitshed, and were generally circulated. They probably underwent Swift’s correction, though they have too much of a legal cast to have been written by the Dean himself.... They were, perhaps, composed by Mr. Robert Lindsay, distinguished by Swift in his letter to Lord Midleton, as an eminent lawyer, as well as a man of virtue and learning, whose legal advice he used during the whole controversy. [S.]
The present letters are taken from copies of the original broadsides in the South Kensington collection. [T.S.]]
In matters of law your opinion has from our first acquaintance entirely guided me, and the things you have assured me I might depend upon as law, have few of them escaped my memory, though I have had but little conversation with you since you first appeared in Parliament and moved the House to resolve, That it is the indispensable duty of the judges of this kingdom to go through their circuits; nor have I had any since you fell sick and was made solicitor-general.
I have often heard your lordship affirm, and therefore I do affirm it, That the great ends for which grand juries were instituted, were the support of the government, the safety of every man’s life and fortune, it being necessary some should be trusted to inquire after all disturbers of the peace, that they might be prosecuted and brought to condign punishment; and it is no less needful for every man’s quiet and safety, that the trust of such inquisitions should be put into the hands of persons of understanding and integrity, that will suffer no man to be falsely accused or defamed; nor the lives of any to be put in jeopardy, by the malicious conspiracies of great or small, or the perjuries of any profligate wretches.
So material a part of our constitution are grand juries, so much does the security of every subject depend upon them, that though anciently the sheriff was by express law, chosen annually by the people of the county, and trusted with the power of the county, yet the law left not the election of grand juries to the will of the sheriff, but has described their qualifications, which if they have, and the sheriff return them, no man, nay no judge, can object to their being sworn, much less may they to their serving when sworn: And to prevent the discretionary power (a new-fashioned term) of these judges over juries, you used to say was made the statute of the 11th of Hen. 4.
Pardon me my lord if I venture to affirm, That a dissolving power is a breach of that law, or at least an evasion, as every citizen in Dublin in Sir Constantine Phipps’s time perfectly understood, that disapproving the aldermen lawfully returned to the Privy-council was in effect assuming the power of choosing and returning——But your lordship and I know dissolving and disapproving are different terms.