CHARGE AGAINST MR. LUMSDEN, &c . 165 



this in time ; which was, that at the day of the ver 

 dict given up by the jury, he also would needs give 

 his verdict, saying openly, that if he were of the 

 jury, he would doubt what to do. Marry, he saith, 

 he cannot tell well whether he spake this before the 

 jury had given up the verdict, or after ; wherein 

 there is little gained. For whether H. I. were a 

 pre-juror or a post-juror, the one was to prejudge 

 the jury, the other as to taint them. 



Of the offence of these two gentlemen in general, 

 your lordships must give me leave to say, that it is 

 an offence greater and more dangerous than is con. 

 ceived. I know well that as we have no Spanish in 

 quisitions, nor justice in a corner ; so we have no 

 gagging of men s mouths at their death : but that 

 they may speak freely at the last hour ; but then it 

 must come from the free motion of the party, not by 

 temptation of questions. The questions that are to 

 be asked ought to tend to farther revealing of their 

 own or others guiltiness ; but to use a question in 

 the nature of a false interrogatory, to falsify that 

 which is &quot; res judicata,&quot; is intolerable. For that 

 were to erect a court or commission of review at 

 Tyburn, against the King s Bench at Westminster. 

 And besides, it is a thing vain and idle : for if they 

 answer according to the judgment past, it adds no 

 credit ; or if it be contrary, it derogateth nothing : 

 but yet it subjecteth the majesty of justice to popular 

 and vulgar talk and opinion. 



My lords, these are great and dangerous offences 5 



