For my own part I hold it the duty of every man though he has not the honour of serving His Majesty in public employment, not only, not to misrepresent the actions of his servants, but in matters of small concern, to wink at their follies and mistakes; I know the Jacobites and Papists our irreconcilable enemies are too watchful to lay hold of every occasion to misrepresent His Majesty and turn the faults of ambitious and self-interested servants upon the best of kings.

I hear some men say, that in my last to your lordship, there appears more of the satirist, than becomes a man engaged merely in the defence of liberty and justice; But I am satisfied I can with charity affirm, they are either such as have no knowledge of the several steps [that] have been taken to bring this poor country into ruin and disgrace, or they are of the number of those who have had a share in the actings and contrivances against it; for my lord, he must rather be an insensible stoic than an angry cynic, who can survey the measures of some men without horror and indignation—­To see men act as if they had never taken an oath of fidelity to their king, whose interest is inseparable from that of his people, but had sworn to support the ruinous projects of abandoned men (of whatever faction) must rouse the most lethargic, if honest, soul.

I who have always professed myself a Whig do confess it has mine.

I beg leave in this place to explain what I intended in my last by the words, “unless by leave or order of the court,” lest whilst I plead for justice I should do an injury to your lordship.

I do declare I never heard that story of your lordship, and I hope no man did believe it of you.  My intention was by that hint to remember you of Judge U—­p—­n and a certain assizes held at Wicklow, as I believe your lordship understood it, and as I now desire all the world may.

Having learned from your lordship and other lawyers of undoubted abilities, that no judge ought by threats or circumvention to make a grand-juryman discover the king’s counsel his fellows’ or his own I should not at present say anything in support of that position.  But that I find a most ridiculous and false explanation seem to mislead some men in that point:  Say they, by the word counsel is understood, such bills as are before the grand jury and the evidence the prosecutors for the crown have to support the charge against the subject—­Lest that being known the party indictable may fly from justice, or he may procure false witnesses to discredit the evidence for the king, or he may by bribes and other indirect measures take off the witnesses for the crown.

I confess I take that to be the meaning of the word counsel, but I am certain that is not all that is meant by it, that is what must be understood when it is called the king’s counsel, id est, the counsel or reasons for which the king by his servants, his attorney-general or coroner, has drawn and sent to the grand jury a charge against a subject.