“When a _justice of peace_ is sworn into the commission, he makes oath――‘That he shall do equal right to the poor and to the rich, after his cunning, wit and power, and after the laws and customs of the realm and statutes thereof made, in all articles in the king’s commission to him directed.’――What those articles are, you will find in the first assignavimus of the commission: ‘We have assigned you and every one of you, jointly and severally――_to keep and cause to be kept, all ordinances and statutes_, made for――the quiet, rule and government of our people, in all and every the articles thereof, according to the force, form and effect of the same, and to _chastise and punish all persons, offending_ against any of them, according to the form of those statutes and ordinances.’ So that he is solemnly sworn to the execution of all such statutes, as the legislative power of the nation has thought fit to throw upon his care. Such are all those (among others) made against _drunkenness_, _tipling_, prophane _swearing_, _blasphemy_; _lewd_ and _disorderly_ practices, and _prophanation of the_ Lord’s _day_. And it is hard to imagine how a justice of peace can think himself more concerned, to _suppress riots_ or _private quarrels_, then he is to levy twelve pence on a _prophane swearer_, five shillings on a _drunkard_, ten shillings on the public house _that suffers tipling_, or any other penalty which the law exacts ♦on vice and immorality. The same oath binds him both to one and the other, laying an equal obligation on his conscience. How a magistrate, who neglects to punish excess, prophaneness and impiety, can excuse himself from the guilt of _perjury_, I do not pretend to know. If he reasons fairly, he will find himself as much _forsworn_, as an evidence who being upon his oath, to declare _the whole truth_; nevertheless conceals _the most considerable part_ of it. And his perjury is so much the more infamous, as the ill example and effects of it will be mischievous.”
♦ “of” replaced with “on” per Errata
7. The same author (in the preface to his second essay) goes on:
“You, gentlemen of the _grand juries_, take a solemn oath, that you will _diligently enquire_, and true _presentment_ make, of _all_ such articles, matters and things _as shall be given you in charge_: as also, that you will (not only present no person for envy, hatred, or malice, but) not leave any _unpresented_, for fear, favour or affection. Now, are not the laws against immorality and prophaneness _given you in charge_, as well as those against riots, felony and treason? Are not presentment and indictment _one_ method expresly appointed by the statutes, for the punishment of _drunkenness_ and _tipling_? Are not houses of _bawdry_ and _gaming_, punishable in the same courts, and consequently _presentable_ by you? Is not the proclamation for the punishing of vice, prophaneness and immorality, always read before you as soon as you are sworn? And does not the judge of assize, or chairman of the bench, in the charge given immediately after the reading it, either recite to you the particular laws against such offences, or refer you for them to that proclamation? ’Tis plain from all this, that you are bound upon your _oaths_, to _present all vice_ and _immorality_, as well as other crimes, that fall within your knowledge, because they are expresly _given you in charge_. And this you are to do, not only when _evidence_ is offered before you by the _information of others_, but with regard to all such offences as you or any of you are able of _your own personal knowledge_ to present: all which you have sworn to do impartially, without _fear_, _favour_, or affection.”
I leave it now with all reasonable men to consider, how few _grand jurors_ perform this? And consequently, what multitudes of them, throughout the nation, fall under the guilt of _wilful perjury_!
8. The author proceeds, (page 8.) “I shall next address myself to you that are _constables_. And to you I must needs say, that if you know your duty, ’tis no thanks to us that are _justices_. For the oath we usually give you is so _short_, and in such _general_ terms, that it leaves with you no manner of instruction in the particulars of the office to which you are sworn. But that which ought to be given you, recites part of your duty in the following words: