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.

But the counsel of a juror is a different thing, it is the evidence, the
motives and reasons that induce him or his fellow-jurors to say _billa
vera_ or _ignoramus_, and the opinion he or they happen to be of when the
question is put by the foreman for finding or not finding: This counsel
every man is sworn to keep secret, that so their opinion and advice may
not be of prejudice to them hereafter, That as they are sworn to act
without favour or affection, so may they also act without FEAR.