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necessary that they should apprehend what counsel of the King is trusted with them. Certainly there is, or ought to be, much more of it communicated to them, than is commonly thought, and in things of the greatest consequence. To them ought to be committed in the several counties where any prosecutions are begun, the first informations and suspicions of all treasons, murders, felonies, conspiracies and other crimes, which may subvert the government, endanger or hurt the king, or destroy the lives or estates of the innocent people, or any way disquiet or disturb the common peace. Our law intends the counsels of the king to be continually upon the protection and security of the people, and prevention of all their mischiefs and dangers by wicked, lawless, and injurious men. And in order thereunto to be advising how to right his wronged subjects in general, if the public safety be hazarded by treasons of any kind; or their relations snatched from them by murderers, or any way destroyed by malicious conspirators in form of law; or their estates taken away by robbery and thieves, or the peace broken. And for these ends to bring to exemplary justice all offenders, to deter others from the like wickedness. And until these counsels of the king come to the grand jury, he can bring no such criminals to judgment, or to answer to the accusations and suggestions against them. Hence it becomes unavoidably necessary to reveal to the grand juries all that hath been discovered to the king or any of his ministers, judges or justices, concerning any treasons, or other offences, whereof any man is accused. And where suspicion hath caused any to be imprisoned, all the grounds of their suspicions ought to be opened, concerning the principals and the accessories, as well before as after the fact, all the circumstances and presumptions that may induce a belief of their guilt, and all notices what

soever, which may enable the jury to make a more exact and effectual inquiry, and to present the whole truth. They themselves will not only be offenders against God, by reason of their oath, but subject to legal punishments, if they knowingly conceal any criminals, and leave them un. presented; and none can be innocent who shall conceal from them any thing that may help and assist them in their duty.

The first notices of crimes or suspicions of the criminals by whomsoever brought in, and the intentions of searching them out, and prosecuting them legally, are called the King's Counsel, be cause the principal care of executing justice is entrusted to him, and they are to be prosecuted at his suit, and in his name; and such proceedings are called Pleas of the Crown. From hence may be easily concluded, that the king's counsel, which by the oath of the grand inquest is to be kept secret, includeth all the persons offered to them to be indicted, and all the matters brought in evidence before them, all circumstances whatsoever whereof they are informed, which may any way conduce to the discovery of offences; all intima tions given them of abettors and encouragers of treasons, felonies, or perjuries and conspiracies, or of the receivers, harbourers, nourishers, and concealers of such criminals.

Likewise the oath which enjoins the counsel of their fellows, and their own, to be kept, implies that they shall not reveal any of their personal knowledge concerning offences and offenders; nor their intentions to indict any man thereupon; nor any of the proposals and advices amongst them of ways to inquire into the truth of any matter before them, either about the crimes themselves, or the accusers and witnesses, or the party accused, nor the debates thereupon amongst themselves, nor the diversity of opinions in any case before them.

Certainly this duty of secrecy concerning the king's counsel was imposed upon the grand inquest with great reason, in order to the public good. It was intended that they should have all the advantages which the several cases will afford, to make effectual inquiries after criminals, to offer them to justice. If packs of thieves, private murderers, secret traitors, or conspirators and suborners, can get intelligence of all that is known of their villanies, all the parties concerned may consult together, how to hide their crimes, and prevent such further inquiries as can be made after them; they may form sham stories by agreement, that may have appearance of truth to mislead and delude the jury in their examination, and avoid contradicting each other; they may remove or conceal all such things as might occasion a fuller discovery of their crimes, or become circumstantial evidences against any of their associates, if one or more of them be known or taken, or is to be indicted. There hath been confederates in high crimes, who have secured themselves from the justice done upon some of their companions, by their confident appearance and denial of the fact, having been emboldened therein from their knowledge of all the grounds of suspicion, and all the witnesses examined about them, and the matter of their testimonies. It is too well known what helps of discovering the whole Popish plot were lost, through the want of keeping secret the king's counsel therein, before the matter was brought either to the parliament, or to any grand inquest; and thereby they were disabled for the effectual execution of their offices and could never search into the bowels of that dangerous treason in any county. But our law having placed this great trust of inquiry in the prudence and faithfulness of the grand inquest, was careful that they might not disable themselves for their own trust, by the indiscretion or worser

fault of any of their own number, in revealing the king's counsel or their own.

And as it was intended hereby to preserve unto them all reasonable helps for their bringing to light the hidden mischiefs that might disturb the common peace; so it was necessary to prevent the flight of criminals; if the evidence against one, that is accused should be publicly known, whether it should be sufficient for an indictment of him, and how far it extends to others; his confederates and accomplices might easily have notice of their danger, and take opportunity to escape from justice.

Yet the reason will be still more manifest for keeping secret the accusations and the evidence by the grand inquest, if it be well considered, how useful and necessary it is for discovering truth in the examinations of witnesses in many, if not in most cases, that may come before them; when if by this privacy witnesses may be examined in such manner and order, as prudence and occasion direct; and no one of them be suffered to know who hath been examined before him, nor what questions have been asked him, nor what answers he hath given, it may probably be found out whether a witness hath been biassed in his testimony by malice or revenge, or the fear or favour of men in power, or the love or hopes of lucre and gain in present or future, or promises of impunity for some enormous crime.

The simplicity of truth in a witness may appear by the natural plainness, easiness, and directness of his answers to whatsoever is propounded to him, by the equality of his temper, and suitableness of his answers to questions of several kinds, and perhaps to some that may be asked for trial sake only of his uprightness in other matters. And the falseness, malice, or ill design of another, may be justly suspected from his studiousness and difficulty in answering; his artifice and cunning in what he relates, not agreeable to his way of breeding and

parts; his reserved, indirect, and evasive replies to easy questions; his pretences of doubtfulness, and want of remembering things of such short dates, or such notoriety, that it is not credible he could be ignorant or forgetful of them. In this manner the truth may be evidenced to the satisfaction of the jurors' consciences, by the very demeanor of the witnesses in their private examinations, inasmuch as the greatest certainty doth often arise from the careful observation and comparing of such minute matters; of which a distinct account is not possible to be given to a court: and for that reason (among others) the juries are made the only absolute judges of their evidence.

Yet further, their private examination may discover truth out of some disagreement of the witnesses, when separately interrogated, and every of the grand inquest ask them questions for his own satisfaction, about the matters which have come to his particular knowledge, and this freely without awe or controul of judges, or distrust of his own. parts, or fear to be checked for asking impertinent questions.

Conspiracies against the lives of the innocent in a form of justice, have been frequently detected by such secret and separate examination of witnesses. The story of Susannah is famous; that two of their elders and judges of great credit and authority, testified in the open assembly a malicious invention against her, with all the solemnity used in capital cases, and sentences of death passed upon her, and was ready to be executed, had not wise Daniel cried out in her behalf: Are ye such fools, O Israelites, that without examination, or knowledge of the truth, ye have condemned a daughter of Israel? Return (said he) again to judgment, and put these two one far from another, and I will examine them*

That the testimony given in the assembly without separating the witnesses, and trying the truth by circumstances, was esteemed no examination, or knowledge of the truth,

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