1791-12-03 (static/transcriptions/1791/12/006.jpg)

meaning of the Oath you have taken, and that you are impressed with a due sense of the sacred solemnity of the obligation. The words of the oath comprise your best direction; if the words are considered with common attention by Gentlemen of common understanding, there can be little use in the commentary of charge of any Judge as to what generally and in ordinary cases comes before a Grand Jury. On particular and extraordinary occasions, however, or where it becomes necessary to make legal distinctions with respect to the punishments consequent to certain Crimes and Misdemeanors, and the application of the provisions, made whether by the common or the Statute Law to particular cases; in such cases, and in such only, can I see any necessity to trouble you with niceties of legal explanaions; in one of those cases, I think it is incumbent on me to declare my opinion, because it is not the universally, tho’ I believe, it is the generally received opinion; that the Penal Statutes of England hitherto enacted, do not extend to or affect the Native Inhabitants of any part of the English territories in India. My holding this opinion, that the Penal Statute laws of England do not extend to this place, makes it necessary for me to recommend to you, that where any offence cames under your consideration, made Capital by an English Statute, that you do not find the bill of indictment on such Statute; but that you will find the bill generally, as for an offence at common Law. Punishments less severe, tho’ perhaps not less effectual to deter from the commission of such offences, I mean such as the English statute law alone has made capital, are the consequences of convictions on bills of indictment at common law.
To such Gentlemen, as I now address myself, it must be unnecessary to go immediately into the distinction between the two fold manner of exercising your inquisitorial power; the one by indictment, the other by Presentment. It is sufficient to say, that a Presentment is your determination from your own knowledge without any bill preferred; an Indictment is your verdict on the accusation of others, and on sufficient evidence being brought before you to support such accusation.
The Calendar shews that there are two Englishmen in the custody of the law, charged with the atrocious crime of murder. The one for the murder of an Englishman at Berhapore, the other for the murder of a Native of India at Dinapore. I now allude to those subjects, that I may use the opportunity of expressing my wishes, my confident hopes, that no English, Grand, or Petty Jury, will ever consider aught but the crime and its circumstances, and never suffer the distinction of colour, country, or religion, to operate in the slightest degree in their determination.”
After the charge had been given the excuses of many gentlemen, for not attending as grand Jurymen, and of others for not serving on the petty Juries, were heard, and most of them admitted; and other ordinary business of the Session was done.