Which leads me to say a few words of the petit jury, not forgetting Mr. Walters.  I am assured by an eminent lawyer, that the power and office of a petit jury is judicial, that they only are the judges from whose sentence the indicted are to expect life or death.  Upon their integrity and understanding the lives of all that are brought in judgment do ultimately depend; from their verdict there lies no appeal, by finding guilty or not guilty.  They do complicately resolve both law and fact.  As it hath been the law, so it hath always been the custom and practice of these juries (except as before) upon all general issues, pleaded in cases civil as well as criminal, to judge both of the law and fact.  So it is said in the report of the Lord Chief Justice Vaughan in Bushell’s case, That these juries determine the law in all matters where issue is joined and tried, in the principal case whether the issue be about trespass or debt, or disseizin in assizes, or a tort or any such like, unless they should please to give a special verdict with an implicate faith in the judgment of the Court, to which none can oblige them against their wills.

It is certain we may hope to see the trust of a grand juryman best discharged when gentlemen of the best fortunes and understandings attend that service, but it is as certain we must never expect to see such men on juries, if for differing with a judge in opinion, when they only are the lawful judges, they are liable to be treated like villains, like perjurers, and enemies to their king and country; I say my lord such behaviour to juries will make all gentlemen avoid that duty, and instead of men of interest, of reputation and abilities, our lives, our fortunes, and our reputations must depend upon the basest and meanest of the people.

I know it is commonly said, boni judicis est ampliare juridictionem.  But I take that to be better advice which was given by the Lord Chancellor Bacon upon swearing a judge; That he would take care to contain the jurisdiction of the court within the ancient mere-stones without removing the mark.

I intend to pay my respects to your lordship once every month ’till the meeting of the Parliament, when our betters may consider of these matters, and therefore will not trouble you with any more on this subject at present.  But conclude, most heartily praying——­

That from depending upon the will of a judge, who may be corrupted or swayed by his own passions, interests, or the impulse of such as support him and may advance him to greater honours, the God of mercy and of justice deliver this nation.

          I am, my lord,
  Your lordship’s most obedient humble servant,
                                             N.N. 
Dec. the First 1724. 
     Dublin:  Printed in the Year 1724.

A SECOND LETTER FROM A FRIEND TO THE RIGHT HONOURABLE ------

My Lord,

I think the best service men employed by His Majesty can do for him and this country, is to shew such prudence and temper in their behaviours as may convince every man they are not intrusted with any power but what is necessary and will always be exercised for the advantage and security of His Majesty’s subjects.