YOU are now met here for the Service of this City and County, and in order that you may be better enabled to perform this Service, and diſcharge the Duty inc ••• bent on you, I ſhall ſay ſomething to you of the Oath you have taken, to declare the Nature of it, and what is required thereby, at your hands, and then I ſhall proceed to mention and explain to you ſome of the Offences that are to be the ſubject of your Enquiries.

Before I enter into the Particulars of your Oath, it may not, I think, be improper to ſay ſomething, in the firſt place, of the Nature of Oath • in general.

An Oath then is a Religious Aſſeveration, by which we either Renounce the Mercy, or imprecate the Vengeance of Heaven, if we ſpeak not the Truth. This appears from the form of words in which it is expreſſed, to wit, So help you God. This is look'd upon as the moſt Sacred Tye, the ſtrongeſt Band on Mens Minds, the ſureſt and beſt means to find out and diſcover the Truth; for it is not to be imagined, though ſome few may poſſibly be found ſo hardned in ſin, that Men in general will be ſo daring as to appeal to the GOD of Infinite Knowledge and Power, for the Truth of what they ſay, and yet Corruptly and Willfully Perjure themſelves. Gods Infinite Knowledge muſt diſcern the Crime, and by his Power he will certainly puniſh the Breach o • his expreſs Command which he has given, Ye ſhall not Swear Falſly by my Name, Neither shalt thou Profane the Name of thy God,—He that Sweareth unto his Neighbour, and diſappointeth him not, though it were to his own Hindrance, is part of the Character of a Juſt Man, and one who should dwell in the Tabernacle of the Lord, — Even the Heathens have abhorred Perjury as an Odious Crime, looking on it as the greateſt Impiety towards their Gods, and a Diſſolution of the ſtrongeſt Band of Human Society, of which many Inſtances might be given; but I rather chuſe to exhort you to your Duty by Motives drawn from the Precepts of the Law of GOD.

NOW, as to your OATH, the firſt Things required in it, are Diligence in your Enquiries, and Truth in your Preſentments. You shall Diligently Enquire, and True Preſentment make. Diligence is to ſpur you on in finding out Offenders, that their Crimes may be Detected, and that they may be brought to Condign Punishment, according to their Demerits, and Truth is to be your Guide, the Compaſs you are to ſteer by, that the Innocent be not called into Judgment, and that the Guilty eſcape Not.

AND this Enquiry is to be of all ſuch Matters as ſhall be given you in Charge, or ſhall come to your Knowledge; for as you are choſen from the different Parts of this City, it is to be preſumed, that you muſt have heard of moſt Things which happen within it.

NEXT follows, The King's Counſel, your Fellows and your Own, you ſhall keep Secret. By the King's Counſel is to be underſtood the Evidence of the Witneſſes who are brought before you, which ought not to be diſcloſed by any of you, but is to be kept Secret, and concealed from the Party concerned, and all others. For, tho' poſſibly at this time there may not be ſufficient Evidence againſt an Offender, yet upon a farther Enquiry and Examination, a ſucceeding Grand Jury may find Matter enough againſt him to ground an Indictment on; and therefore the Particulars ought to be kept Secret, l • ſt the Diſcovery prove an Occaſion of the O • eſcaping. As you are to keep the King's Counſel, ſo are you 〈…〉 • ellows and your Own to keep Secret. You are Not to Reveal, for the ſame Reaſons, what has been 〈◊〉 or Adviſed among your Selves; for beſides the Obligation of your Oath, it is an Offence puniſhable by Fine and Impriſonment, for any of the Grand Jury to diſcloſe the Perſons Indicted, or the Evidence againſt them.

THE Next thing conſiderable in your Oath is, The Temper of Mind you ought to bear in all your Enquiries. You are not to ſuffer Malice or Ill-Will ſo far to prevail with you, as, without juſt Cauſe, to Preſent an Innocent Perſon, neither ought Love, Fear, Favour, Affection, Reward or Hopes thereof, ſway you to leave any thing Unpreſented; for your Oath ought to out-weigh any Conſiderations: And you ought to Preſent things Truly, as they come to your Knowledge. Truth is the Rule you are to walk by, and is the moſt Eſſential part of your Duty, and if of ſo much Conſideration in the Service to which you are now choſen, that it forms the Beginning and Concluſion of the Oath you have taken. And all this that is required of you, is to be performed according to the beſt of your Skill and Knowledge.

Now as ſome general Notion of what the Law declares to be Offences, is requiſite to this End, it is the Office of Us who ſit here, to aſſiſt and direct you. And this leads me to mention ſome Particulars.

Gentlemen;

We commonly divide Offences as they relate to the Perſons againſt whom they are committed; and they are ſaid to be either againſt the Supreme Being, GOD, or againſt MAN. As to Offences againſt God, they may be conſidered under Two Heads. They are either ſuch as, although in themſelves they are Crimes of the deepeſt Dye, yet as they have not ſo direct a tendency, as ſome others, to Subvert Civil Society, our Laws have not provided Puniſhments ſuitable to them, but they are left to that Tribunal at which they are moſt properly Cognizable, and to that Judge to whom Vengeance belongeth. Or, Secondly, They are ſuch as at the ſame time that they are high Offences againſt God have alſo an immediate and manifeſt tendency to Overthrow the Peace and Deſ ••• the Well-being of every Community. The latter (Gentlemen) are the Object of Human Laws; Not that theſe can add any weight or Authority to the Divine Law, but becauſe Temporal Punishments being nearer in view, are apt to work more ſtrongly on weak and inconſiderate Minds than the diſtant, though far greater Punishments of another Life. Under this Head I think it not improper to place Perjury, or Breach of Oath, which I touched before. This is a Crime of a moſt Odious and Deteſtable Nature; it is the higheſt Indignity and Affront to God, and it looſens and diſſolves the Bands of Society; for if Men lay aſide all reſpect to the Obligation of an Oath, there muſt be an end of all Con • s of Judicature: We have no other Mean to judge of Right or Wrong, Truth or Falshood; nor any Security left for our Lives, Liberties and Properties; All muſt run into Confuſion, when the Reverence for this Solemn Appeal to Almighty God is once extinguished in Mens Minds. This cannot be too often • nculcated, and requires your utmoſt Diligence.

Offences againſt Man, are of Two ſorts, they are either more immediately againſt the King, or more immediately againſt the Subject.

Offences againſt the King more immediately, are High-Treaſons are Miſpriſions of Treaſons. Under this Head I ſhall only mention are ſ •• t, and that is Levying War againſt the King; and to this Purpoſe I ſhall read a Paragraph or two • ut of Howk • s's He • s of the Crown, Chapter of Treaſons, Sect. 23, and 25. where recounting what Acts ſhall be ſaid to amount to a Levying of War againſt the King, he ſays, That not only theſe who directly Rebel againſt the King, and take up 〈◊〉 • c • 〈◊〉 him, but alſo in many other Caſes, thoſe who in a Violent are I • ble Manner with-ſtand his Lawful Authority, or endeavour to Reform his Government, are ſaid to Levy War againſt him." And that "theſe alſo who make an Inſurrection in order to Redreſs a Publick G •••• ce, whether it be a real or pretended One, end of their own Authority 〈◊〉 , with Force, to Redreſs it, are ſaid to Levy War againſt the King, although they have no direct Deſign againſt his Perſon, •• ſ •• th as they Inſolently invade his Prerogative, by Attempting to do that by Private Authority, which he • y Publick Juſtice ought to do, which manifeſtly tends to a down right Rebellion. As where great Numbers by ••• ce Attempt to Remove certain Perſons from the King, or to lay violent Hands on a Privy Counſeller, or to Revenge themſelves againſt a Magiſtrate for Executing •• s Office, or to bring down the Price of Vic • als, or to Reform the Law or Religion, or to pull down all B •• dy-Houſes, or to Remove all Incloſures in general, &c.

I Now Proceed to thoſe Offences more immediately againſt the Subject.

The higheſt of theſe is Petty Treaſon, which is, where a Wife Murders her Husband, or a Servant his Maſter. Now becauſe of the Obedience they owe, and the Subjection they are under, reſpectively, the Law loo's upon this as a higher Crime than any other Murder.

Next to Treaſons are • elonies. And herein, firſt, of Homicide, which is the •• ling of a Man, • s the word imports: Every • cide is Voluntary or Involuntary. Of Voluntary Homicides, the faſt 〈◊〉 Murder, which is the •• l • mo • s killing of another with Malice fore-thought; this is a very h • m • s Crime, and in the Indictment is frequently and To be done by the Inſtigation of the • vil, and as Not having the Fear of God before his • s. The Law of God ſays, Thou shalt do no Murder, and declares, Whoſo sh • dd • th Mans Blood, by Men shall his I leed be shed: If one give another a Mortal Wound, whereof he dyeth within a year and a Day, this is Murder, if done Maliciouſly. Of Malice there are Two ſorts, Expreſs or implyed. Expreſs is, where it is known, and may be proved, that there was a former G • u • ge, ſome pre • dent Ill-Will between the Parties. Implyed, is, when one Man kills another without any 〈◊〉 Provocation. And here it is proper to obſerve, That No 〈◊〉 . No Words, No Language, though never ſo Opprebious and 〈…〉 will juſtifie or excuſe Murder. If a Priſoner by the hard Uſage of the 〈◊〉 , come to an Un ••• ly End, it is Murder.

〈◊〉 • r is another ſort of Voluntary Homicide, as where two Men 〈◊〉 of a ſudden, without any Malice prec • nt, and in the S • uffle one of their ••• rn.

Of Homicide Involuntary, ſome are per Infortunium, i. e. by Miſchance, as a Man cutting down a Tree, which accidentally falls upon another, or the Ax flies from the Helve and kills a ſtander by, this is Chance-medley, or Homicide by Miſadventure.

Some are of Neceſſity, and of ſeveral ſorts; Firſt, In Execution of Juſtice, as an Officer that executes a Criminal in purſuance of a Judgment of a Court that has legal Juriſdiction. Secondly, For Advancement of Juſtice, as where a Sheriff is going to Arreſt a Perſon indicted of Felony, he may juſtifie the Killing him, if he will not ſuffer himſelf to be Arreſted, but defends himſelf, ſo that the Officer cannot take him without killing him.

Some Homicides are juſtifiable, as if any Perſon Feloniouſly attempts to Rob or Murder another in or near the High-way, which is a common Paſſage that ought to be free and open to all Travellers, he may juſtifie the killing him. The ſame of an Attempt in the Night, to Rob a Houſe; for a Mans Houſe is his Caſtle, and the Law allows him to Defend himſelf in it, ſe defendendo, for the Killing a Man in the juſt Defence of Ones Self, is a Homicide Excuſeable. This is founded on a Primary Law of Nature, which teaches us to be watchful of our own Preſervation, and ſo excuſes Reſiſtance againſt an Unlawful Attempt on our Lives. But herein the Law is very careful not to give way to the ſheding of Blood; for no one is excuſable in this caſe, if he could by any means avoid it, without endangering himſelf, and he is obliged by our Law to retire back to the Wall, before he may make uſe of this Law of Self-Preſervation, unleſs he be ſo fiercely aſſaulted, that he cannot. This ought always to be done 〈◊〉 Moderamine inculputae tatelae, m • erly to preſerve his own Life.

In all caſes of Homicides, the Law chiefly reſpects the Intention; for effectio tua nomen impo •• operi ••• , i. e. The Intention give the Denomination to every Action; and this is ſo much regarded by the Law, that Perſons incapable of any, can • commit Murder, as a Mad-man, for no Action can be imputed to him, or properly be called his, and the killing another is not Felony in him, it is his Misfortune, and the Hand of God is upon him, but a Man that is N • compos mentis, i. e. of unſound Mind, his own Act, ſhall not be ſo excuſed, as a Drunken Man, if he commits Murder, his incapacity of Mind ſhall not avail him, becauſe he brought it upon himſelf, it was his own Folly; and therfore the Law will ſupply the Malice, and he ſhall be hanged; Omne Crimes ebrietas et incendit et de •• t; i. e. Drunkenneſs enflames and diſcovers every Crime; and no Man ſhall be allowed to excuſe one Crime by another. Theſe are the ſeveral kinds of Homicides, ſome whereof induce Forfeiture of Life, 〈◊〉 and Goods, as Murder, ſ • m of Goods only, and are ſaid in our 〈◊〉 , to be excuſeable, becauſe they have their Pardon of courſe, as • cide, in ones juſt Defence, or by Miſadventure; and ſome of neither, 〈◊〉 are called Homicides juſtifiable.

I ſhall ſpeak next of Felonies againſt the Habitation or Dwelling of a Man, the firſt of theſe is Burglary, which is, where one in the Night time breaks and enters the Dwelling-houſe of another, with intent to commit a Felony, although he carries nothing away, yet it is Burglery; for as the Day is deſigned for Man to Work and Labour, ſo is the Night for his Reſt, to e • able him the better to go through the Buſineſs of the Da • ▪ and then the Law takes his Goods into its more immediate Care and Protection, in order to their greater Security: There muſt be a breaking; to take out a P • ne of Glaſs Window, unlock the Door, draw the Latch, or make a hole in the Wall, theſe are all Breakings. A Man lies in one part of the Houſe, his Servant in another, and between them there is a Door latch'd, and the Servant in the Night time draws the Latch, and enters his Maſters Chamber to Murder him, though he does not effect it, yet it is Burglary. As there muſt be a breaking, ſo there muſt be an entring: Stepping over the Threſhold, putting in the Hand, or a Hook, or a Piſtol, within the Door or Window, all theſe the Law calls Entrings. A Thief broke a Pane in a Glaſs-Window, and took our Goods with a Hook, this was found to be Burglary. Several Men come to commit a Burglary, one breaks and enters, the others ſtay at the Door, or at the Corner of the Street, to watch; they are all guilty of Burglary: This by Law ſhall be adjudged the breaking and entring of them all.

Arſon is another Felony againſt the Habitation of a Man. If any do voluntarily and maliciouſly burn the Dwelling-houſe of another, this is called Arſon, and is Felony. One Maliciouſly burns his own Houſe to the intent to burn another's, if his own be only burnt, then it is a high Miſdemeanor; if the others alſo, then it is Felony.

The next Felony I ſhall mention, is Robbery, which is a Violent and Felonious taking away from the Perſon of another, Money or Goods, to any Value, putting him in fear. If a Thief, with or without a Weapon drawn, bid me deliver my Purſe, and I do it, it is a Taking ſufficient to make it a Robbery. If a man ſeeking to make his eſcape, caſt his Purſe into a Buſh, or let his Hat fall off, the Thief takes them up, it is Robbery. Taking in the Preſence of the Party, is, in Law, a Taking from the Perſon. If ſeveral come in Company together to Rob, the one only actually does it, and the others are at ſome diſtance, yet all are guilty of the Robbery.

Theſe Felonies that I have mentioned, are called Mix'd Larcenies. Simple Larceny is the Felonious and Fraudulent taking away by any Perſon, of the the meer Perſonal Goods of another, not from his Perſon, nor out of his Houſe; if this be above the Value of Twelve Pence, it is grand Larceny, if under, petty Larceny, for which the offender ſhall be whipt. If two ſteal G •• ds to the Value of Thirteen Pence, this is grand Larceny in both. If one Perſon at ſeveral times, at one time ſteals four Pence, at another ſix Pence, at another three Pence, from one Perſon, in all amounting to above twelve pence, it is ſaid, all theſe put together in one Indictment, amount to grand Larceny, and Judgment of Death muſt be given, unleſs in caſes where Clergy is not taken away.

Moſt of theſe Offences that I have mentioned are Capital. I ſhall only take Notice of one or two which are not Capital, and then diſmiſs you And firſt, of Offences which amount to an actual Breach of the Peace, they any of two kinds, 1ſt, Such as may be commited by one or two Perſons. 2dly, Such as require a greater Number. Of the firſt ſort are Aſſaults and 〈◊〉 theſe, if done to Perſons of Note, or may have any ill Conſe ••• nces, are worthy of your Enquiry. Of the ſecond ſort, are Riots and ••••• ful Aſſemblies. A Riot is, when three or more Perſons, do meet to do 〈◊〉 unlawful Act of a private Nature, and actually do it; for if it be of a Publick Nature, it may amount to that ſpecies of High-Treaſon, I before mentioned; but if they meet and do it not, then it is an unlawful Aſſembly.

Gentlemen, I ſhall conclude with reading a Paragraph or two out of the 〈◊〉 Book, concerning Libels; they are arrived to that height, that they 〈◊〉 for your Annimad verſion, it is high time to put a ſtop to them; 〈◊〉 at the Rate things are now carried on, when all Order and Go ••• ment is endeavoured to be Trampled on. Reflections are caſt upon Per ••• of all Degrees, muſt not theſe things end in Sedition, if not timely 〈◊〉 • enty you have ſeen will not avail, it becomes you then to 〈…〉 Offenders, that we may in a due courſe of Law be enabled 〈…〉 if you, Gentlemen, do not interpoſe, conſider whether 〈…〉 that may ariſe from any Diſturbances of the Publick 〈◊〉 , may not, in part, lye at your door?

Hawkings in his Chapter of Libels conſiders three Points, 1ſt, What ſhall be ſaid to be a Libel, 2dly, Who are lyable to be puniſhed for it. 3dly, In what manner they are to be puniſh • d. Under the firſt, he ſays, Sect. 7. Nor can there be any doubt, but that Writing which defames a private Perſon only, is as much a Libel as that which defames Perſons entruſted with a Publick Capacity, inaſmuch as it manifeſtly tends to create all Blood, and to cauſe a Diſturbance of the publick Peace; however, it is certain, that it is a very high aggravation of a Libel, that it tends to ſcandalize the Government, by reflecting on thoſe who are entruſted with the Adminiſtration of publick Affairs, which doth not only endanger the publick Peace, as all other Libels do, by ſtiring up the Parties immediately concerned in it, to acts of Revenge, but alſo has a direct tendency to breed in the People a diſlike of their Governours, and incline them to Faction and Sedition. As to the ſecond Point, he ſays, Sect. 10. It is certain, not only be who compoſes or procures another to compoſe it, but alſo that he who publishes, or procures another to publish it, are in danger of being punished for it; And it is ſaid, not to be material whether he who diſperſes a Libel, knew any thing of the Contents or Effects of it, or not; for nothing could be more eaſie than to publish the moſt Virulent Papers with the greateſt Security, if the concealing the purport of them from an illiterate Publisher, would make him ſafe in the diſperſing them. Alſo, it hath been ſaid That if he who hath either Read a Libel himſelf, or hath heard it Read by another, do afterwards Maliciouſly Read or Repeat any part of it in the preſence of others, or lend or shew it to another, he is guilty of an Ʋnlawful Publication of it. Alſo, it hath been holden, that the Copying of a Libel shall be a concluſive Evidence of the Publication of it, unleſs the Party • n prove, that he delivered it to a Magiſtrate to examine it, in which caſe 〈◊〉 • ubſiquent is ſaid to explain the Intention precedent. But it ſeems to be the better Opinion, That he who firſt writes a Libel, dictated by another, is thereby guilty of making it, and conſequently puniſhable for the bare Writing; for it was no Libel till it was reduced to Writing.

Gentlemen,

You muſt have heard of two Scandalous Songs that are handed about, it is your Duty to enquire the Author, Printer and Publiſher of them. Someties heavy half-witted Men get a knack of Rhyming, but it is time to break them of it, when they grow Abuſive, Inſolent and Miſchievous with it.

THESE (Gentlemen) are ſome of the Offences which are to make Part of your Enquiries, and if any other • ould ariſe in the Courſe of your Proceedings, in which you are at 〈◊〉 , or conceive any Doubts, upon your Application here, We will aſſ •• • nd direct you.