Printed at the Desire of the Justices of the Peaces for the said City and Liberty, and of the Grand Jury.

LONDON: Printed by Charles Ackers, in Great-Swan-Alley, St. John's-Street. MDCCXXVIII.

Civitas, Burgas, & Villa Westm. in Com. Midd. } ss. Ad Generalera Quarterialem Sessionem Pacis Domini Regis tent' apud Westm. Pro Libertat' Decani & Capituli Ecclesiae Collegiat.beati Petri Westm. Civit', Burgi, &c Villœ Westm. in Comitat. Midd. &. Sancti Martini le Grand, London' die Mercurii sicilicet nono die Octob. Anno Regni Domini Georgii Secundi, Dei Gratiâ nunc Regis Magnae Britannia, &c secundo, coram Justiciariis, & ibidem.

Printed at the Desire of the Justices of the Peace, for the said City and Liberty, and of thew Grand Jury.

LONDON: Printed by Charles Ackers, in Great-Swan-Alley, St. John's -Street. 1729.

Civitas, Burgas, & Villa Westm. in Com. Midd. } Ad Generalem Quarterialem Sessionem Pacis Domino Regis Regis tent' apud Westm. pro Libertat' Decani & Capituli Ecclesiœ Collegial. Beati Petri Westm. Civit', Burgi & Ville Westm. in Comitat. Midd. & Sancti Martini le Grand, London' Die Jovis scilicet tertio die Julii, Anno Regis Domini Georgii Secundi, Dei Gratiâ, nunc Regis Magnæ Birtanniæ, &c Tertio.

It is with great Pleasure I meet you at this Time: A Time! Gentlemen, in which every honest Man, every True Englishman, ought to rejoice with great Pleasure, and Joy, and Satisfaction.

This Nation, Gentlemen, never flourish'd more than at this Time; and I dare venture to affirm, Gentlemen, on my own Knowledge, that England never was so happy, both at Home and Abroad, as it is now. [4]

It was but lately, Gentlemen, very lately! but a little while ago; ‘tis within all your Memories, Gentlemen, that Europe was over-clouded; our neighbouring Princes engag'd in a bloody and dreadful War; and had it not been for our Wise King Gentlemen, we might have been in the same Condition.

We are met here on the solemn Occasion of putting those Laws into Execution wch relate to the Preservation of the Peace; & as the Necessity of Government flows from the Corruption of Human Nature so the thought the Glory and Honour of it consist in the regular Administration of Justice, & as without it the one Societys cannot be upheld, so without the other all communitys would be little better than well modell'd combinations to oppress, cheat & ruin the weaker & submitting part of mankind. Not but that the advantages of a political union are so inconsiderable, yt it may be doubted whether Tyranny it self tho never so unlimited, never so grievous, be not rather to be chosen than a wild & corrupt state of anarchy. This state exposes men to the frauds & violence of their neighbours & the extravagant Caprices of the People, the other Subjects whole Nations to the mad Frolicks, & brutal Passions of a Flatter'd & [2] an abus'd Tyrant. Both Extreams are very dreadful & as much to be deprecated as the raging pestilence or any Common calamity; while the mean between them from wch they Both so far deviate, is a Copy well drawn from ye great & not to be equalled Original of God's Government of the World. Whose only End is to promote the Happiness of His Creatures; as the Peace, Safety & publick Good of the People ought to be no less ye aim of all Rulers than it is the Reason Why Government was first instituted.

I find by Bracton, and Other the oldest Books in the Law, That the Justices, upon holding their several Courts of Sessions, did deliver in Writing to the several Grand Inquests certain Articles of Heads of Inquiry, which were commonly stilled Capitula Placitorum Corornæ; which were as Rules or Directions how they were to proceed in their Inquiries, for the better Performance of their Duty and Office.

of our Lord the King, holden at the Town Court-House near Westminster-Hall, in and for the Liberty of the Dean and Chapter of the Collegiate Church of St. Peter, Westminster, the City, Borough, and Town of Westminster, in the County of Middlesex, and St. Martin le Grand, London, on Thursday the Twentyninth Day of June, in the Twenty-third Tear of the Reign of our Sovereign Lord George the Second, King of Great-Britain, &c. before Henry Fielding, Esq; the Right Hon. George Lord Carpenter, Sir John Crosse, Baronet, George Huddleston, James Crofts, Gabriel Fowace, John Upton, Thomas Ellys, Thomas Smith, George Payne, William Walmsley, William Young, Peter Elers, Martin Clare, Thomas Lediard, Henry Trent, Daniel Gach, James Fraser, Esquires, and others their fellows, Justices of our said Lord the King, assigned to keep the Peace of the said Liberty, and also to hear and determine divers Felonies, Trespasses, and other Misdeeds done and committed within the said Liberty.

I Direct Oli. Nelson to print this Charge, and that no other print the same.

Tho. Marlay.

[A]

The Charge of the Right Honourable Thomas Marlay, Esq; Lord Chief Justice of his Majesty's Court of King's-Bench in the Kingdom of Ireland, &c.

Gentlemen of these several Grand Juries,

You are called here together, on an Occasion which, tho' it frequently, and regularly happens, is (especially at this Time,) of the greatest Importance to the Interest of your several Counties.

The Prosperity of all Countries depends upon a wise Frame of Government, equal and [3] prudent Laws to regulate Property, and to restrain and punish Offenders, and a due and exact Execution of those Laws.

I am desird by the Court & in the Absence of the Recorder it is my Duty to give you in Charge those Matters referr'd to in ye Oath you have just now taken & to remind you of the Duty & nature of ye Service you are now ingag'd in, & of such Parts of our Constitution as relate thereto & this present [p.1 v] Assembly in Conformity to an Ancient Custom which does great Honour to his Majesty & his Government by permitting thus publickly & in his own Courts the Equity Justice & Extent of it to be inquir'd into, & a Sort of Appeal to be made to you & all here present for the Reasonableness of our Subjection & Correspondance betwixt the Government & Governed People [f. 2.] not to be found in any other Country or indeed practicable in any, but where the Extent of ye Royal Prerogative & the Obedience of the Subject is Limitted & Ascertain'd by the Law of the Land & where the King holds his Authority by the glorious noblest Tenure that of Protecting the Rights & Liberty's of his People, that this was always intended by our [f. 2 v] Constitution is Evident from the Nature of it, but never three together hardly two & seldom any one of our former Kings or rather their profligate Minions have been contented with this Sacred & Most Honorable Post appears from all our Historys agree in so that it is owing to the Glorious Brave Struggles of our Ancestors in former Ages particularly in the last & more especially in the latter part of it [f.3] that we have had this happiness during four successive Reigns & ever Since the Revolution continu'd in this happy Situation for they When on this Condition and for this very purpose they gave the Crown to our Glorious Deliverer and such of the then Royal Family as were coud answer this End & in default of the Issue by them to his Majesty & his descendants being the next Protestants in the Royal Line By that Act of Settlement referr'd to in our Oath of Allegiance and by which [f. 3 v] this Succession became & is the first Principle of our Constitution in Church & State, which can be preserv'd under none, if not under a Race of Kings made so for this express purpose, By our Constitution in Church I mean as well those Laws made for Restoring & preserving to our Dissenting Brethren the common Rights of Mankind to [f. 4] Worship Almighty God in such manner as appears to them most worthy of him, so as their principles and & practice be not dangerous to Society, & which are now happily a part of our Constitution, as well, as those made for the Honour & Protection of the Established ye most Excellent & pious Form of Worship Establish'd in our National Churches, By our Constitution in State no Body [f. 4. v] can mistake me that I mean the Body of Laws by which this Nation under his Majesty is Govern'd in its Civil consider'd distinct from its Religious concerns & particularly that part of them call'd the Crown Law which we are here assembled to inforce in this Jurisdiction as a Court of Oyer & Terminer & General Gaol Delivery.

The Preservation of Civil Order in the Society was the original Design and End of the Institution of Justices of the Peace: And the primary Jurisdiction of this Court was to superintend it, by making an Enquiry into every Violation, and punishing every Breach of it. [2]

To aid in this Enquiry, it has the Assistance of a Double Jury, of Twelve Men at least; whom the Law requires to be disinterested and upright, and who are to present every Offender against the Laws upon their Oaths, without Bias, from Favour, or Affection to, or Malice and Resentment against, any Person whatsoever. This Institution of Juries, in the Trial of all Criminal Facts from the highest Offence to the lowest, does the greatest Honour to, and is the peculiar Privilege of the British Constitution: And whilst the sacred Regard and Veneration are paid to Oaths, which so solemn and awful an Appeal to the Supreme Being demands, and the Laws of Society presume, in the Administration of them, it must continue to be the [3] highest Security, which any Man could wish to have, for enjoying every Right which is most dear to him: But whenever the Members of Society in general, become so profligate and abandoned, as to prostitute their Oaths and their Consciences, to the lowest and vilest Purposes, whether from Considerations of falsly estimated Gain, (for what pecuniary Gain can compensate the Loss of so many valuable Privileges) or to gratify brutal Resentment; this noblest of Institutions must be totally subverted, and rendered useless; and the Decision of private Property, as well as the punishing every publick Offence, must become precarious; and the Lives, Liberties, Reputation, and every Valuable Possession of the Honest and Well-Meaning, must be in [4] the Power of the most abandoned profligates in the Society.

London:

Printed for Charles Marsh, at Cicero's Head, Charing-Cross. MDCCLXIII.

To the Earl of Northumberland, Lord Lieutenant of Ireland, Knight of the Most Noble Order of the Garter, one of the Lords of His Majesty's most Honourable Privy Council, and Lord Lieutenant and Custos Rotulorum of the County of Middlesex, and City and Liberty of Westminster.

My Lord,

As the following Charge is published at the unanimous request of the magistrates of the city and liberty of Westminster, present at the last quarter sessions held for the said city and liberty at Guild-hall, as well as that of the Grand Jury, to whom it was delivered, from their polite opinion, that it might be useful to mankind, methinks I feel their consent co-operating with my own inclinations, to dedicate die first fruits, even of a [ii] supposed advantage, arising from Guild-hall in Westminster, to your Lordship; as the origin and present existence of that court-house, so convenient and beneficial to this city and liberty, has been owing to your Lorship's public spirit and generosity. And I flatter myself, that its farther establishment will be much indebted to your care and attention.

I HAVE the Honour to meet You on this solemn Occasion, which the Wisdom of Government, for the Sake of preserving Peace and Good Order, has made frequent and regular.

As the Well-being of every Country in a great Measure depends upon the wise Frame of their Laws, to regulate Property, and to restrain and punish Offenders, and on a due Execution of those Laws; it became absolutely necessary for die Sup-[4] port of Government, and the Safety of the Subject, that some Persons should be intrusted with the Inquiry into all Crimes and Offences whatsoever: And it was no less needful for the Security and Quiet of every Man, diat such a Trust should be delegated to Men of Integrity and Indifference, who might not suffer the Guilty to escape Prosecution for dieir Crimes, or the Innocent to be oppressed by false, weak, or vindictive Accusations.

IT is owing to certain misrepresentations that the following charge is printed: although the Person who delivered it as a Magistrate could have wished to have avoided the submitting to strict perusal words spoke without preparation, on a sudden occasion, when he was requested by the rest of the Bench to attend on account of a prosecution of much consequence. It will however be a very great satisfaction if the publication may serve a general purpose, and keep up for the future in the minds of the inhabitants of this place, the ideas which were meant to be impressed concerning the submission due to the good government of the Laws in general, and the preservation of the most valuable Rights and Privileges to this University in particular.

At the General Quarter Session of the Peace holden at HICK's HALL, in Saint-John-Street, in and for the County aforesaid, on Monday the Eighth Day of January 1770, before Bartholomew Hammond, Saunders Welch, John Spencer Colepeper, Elisha Biscoe, Edward Jennings, Henry Lamb, William Timbrell, Joseph Keeling, Esqrs. Sir Robert Darling, Knt. Nathan Carrington, Stephen Cole, John Barnfather, Charles Dod, Jeremiah Bentham, Peter Lewis Perrin, Rupert Clarke, Joseph Newsom, George Mercer, John Cox, Benjamin Cowley, David Wilmot, Burford Camper, and Thomas Edmonds, Esqrs.

At the General Quarter Session of the Peace holden at HICK's HALL, in Saint-John-Street, in and for the County aforesaid, on Monday the Eleventh Day of September 1780, before the Reverend Sir George Booth, Baronet, Thomas Cogan, William Gregson, George Alcock, Esquires, and others their Fellows, Justices of our Lord the King assigned to keep the Peace in and for the said County.

It is unanimously resolved and ordered, That the Thanks of this Court be, and the same are hereby returned to Sir JOHN HAWKINS, Knt. Chairman of die Sessions of die Peace for this County, for his Charge delivered to the Grand Jury, at die Opening of diis Session. And the Court doth desire, dial he will be pleased to cause the same to be printed and published as soon as conveniendy may be. And it is further ordered, That Sir JOHN HAWKINS have a copy of this order, and diat the Clerk of the Peace do attend him dierewith immediately.

This is not a complete Charge, but a newspaper summary of the speech delivered by Lord Loughborough. There are two printed sources: one is Wool Encouraged without Exportation, or Practical Observations on Wool and Woollen Manufacture. In two Parts.… By a Wiltshire Clothier, F. A. S. [Henry Wansey] London: T. Cadell, 1791. The odier is from the Salisbury and Winchester Journal, 15 August 1791. The two summaries are different; but they report the same substance. Prisoners were indicted for destroying of Scribbling Machine at Bradford. If they had grievances about the use of such machines, they could have tried a legal remedy; but the use of violence was inexcusable. The original text could not be found.

The text given here is that to be found in the following book:

The Advantage of a National Observance of Divine and Human Laws. A Discourse in Defence of our Admirable Constitution. By a Country Post-Master. To which is added, Mr. Justice's Ashhurst most excellent Charge to the Grand Jury, for the County of Middlesex. Ipswich: J. Bush, 1792. [ms superscription: July 26. From the Author. P. Deck, Postmaster at Bury with several other Copies.] 22 pp. [B.L. 8135 b. 19.]

There exist several other editions of the text of Ashhurst's Charge, among which, one translated into Welsh. The Charge begins p. 23, and is thus introduced:

“The Charge of Sir William Ashhurst delivered to the County of Middlesex, November 19, 1792… breathes so much the true Spirit of the English Law, and is so well suited to the curb the Presumptious Spirit of the Times, that it must be read with Pleasure by every true Englishman.”

Gentlemen, BEFORE you retire from the Court to proceed to your Business, I must request you will permit me to call your Attention to some Measures of great Importance to us all, in which the Tranquillity and Hap-[6]piness of the Country are most materially concerned, and which it is your particular Province at this Time, as the Grand Jury for this great and populous County, to enquire in to and present.

His Majesty has found it necessary to issue a second Proclamation, in which it is set forth, that the utmost Industry is still employed by evil-disposed Persons within this Kingdom, acting in concert with Persons in Foreign Parts, with a View to subvert the Laws and established Constitution of this Realm, and de-[B 2–7] stray all Order and Government therein; and that a Spirit of Tumult and Disorder, thereby excited, has lately shewn itself in Acts of Riots and Insurrection.

Gentlemen of the Grand jury: IT was my design, a short time since, to address you this day on a subject of a nature altogether peaceful and agreeable: I mean, the reformation so much and so long wanted, and now likely to prevail universally, in the practice of MEASURING CORN. But I must speak to you concisely on this subject, that I may hasten to one of incomparably greater importance.

Gentlemen of the Grand Jury, “You are brought together at this periodical return of our General Sessions of the Peace, to discharge a duty of great and vital importance to the county of Dublin, and the community at large: to call forth into life and action the criminal law; to deliberate upon, and weigh in the scale of equal and dispassionate justice, such charges as shall be submitted to you against divers of your fellow-subjects; to put such of them in a course of trial as shall be made out to your satisfaction, either upon the evidence of your own senses, or upon the viva voce, or written evidence of accusers; and thus to vindicate and promote the general police and good order of your county. I am sensible that the duration of each Session, and the frequent return of this duty in the county of Dublin, are attended with no inconsiderable inconvenience to country gentlemen; but you will reflect how small a price you pay in this occasional trouble, for the essential advantages derived upon yourselves and the [6] public, from a conscientious and diligent discharge of your duty. In order to impress you with a just sense of the importance of this trust, it may not be amiss, particularly at this critical juncture, to trace briefly, the criminal law of your country from its elementary principles.

Gentlemen of the Grand Jury, I Am directed to make it part of my charge to you, on this occasion, that you diligently inquire and true presentment make of all wicked and seditious writings dial have come to your knowledge. — This, Gentlemen, is one of the means that Government has adopted to suppress such publications, as you all know have remarkably abounded of late in this kingdom, justly alarmed, as it should seem, at the danger direatened diereby to our happy constitution. And it is a means, which at the same time that it bespeaks a proper vigilance in those that have the present direction of our affairs, exhibits to us an ample proof of the excellence of the government under which we live: It is a luminous display of the perfect civil liberty which Englishmen actually enjoy; that however wantonly provoked, the executive power dares not lift the hand of punishment against the meanest of its citizens, before a dispassionate enquiry is made into the probability of his guilt, by a jury of his fellow-citizens and equals, previous even to his being brought under the hazard of a trial for his offence.