if) I N D I C 
senary circtimftances that concur toafcertain the faCt and 
its nattire. P. C. 168, 165. 
An indictment feems to be thus fhortly well defined: 
u A written accufation, of one or more perfons, of a crime 
or a mifdemeanor, preferred to, and prefented on oath by, 
a grand jury.” 4 Comm. 302. A bill of indictment is faid 
to be an accufation, for this reafon; becaufe the jury 
that inquire of the offence doth not receive it until the 
party that offers the bill, appearing, fubfcribes his name, 
and offers his oath for the truth of it. Stand/. P. C. lib. 2. 
cap. 23. 
To this end the fheriff of every county is bound to re¬ 
turn to every feffion of the peace, and every commiffion 
of oyer and terminer, and of general gaol-delivery, twenty- 
four good and lawful men of the county, fome out of 
every hundred, “to enquire, prefent, do, and execute, all 
tbofe things which on the part of our lord the king fhall 
then and there be commanded them.” They ought to be 
freeholders; but to what amount is uncertain : which 
ieems to be cafus omiffus, and as proper to be fupplied by 
the legiflature as the qualifications of the petit jury ; 
which were formerly equally vague and uncertain, but are 
now fettled by feveral affsof parliament. However, they 
are ul'ually gentlemen of the heft figure in the county. 
As many as appear upon this pannel are fworn upon the 
grand jury, to the amount of twelve at the leaft, and not 
more than twenty-three; that twelve may be a majority. 
Which number, as well as the conftitution itfelf, we find 
exaCtly defcribed fo early as the laws of king Ethelred : 
Exeant fcniores duodecim thani, ct prafcBus cum cis, ut jurent 
fuptr J'anEluarium quod eis in manus datur, quod nolint ullum in- 
nocentcm accufare, me aliquem noxium celare. In the time of 
king Richard I. (according to Hoveden,) the procefs of 
elefting the grand jury, ordained by that prince, was as 
follows: Four knights w'ere to be taken from the county 
at large, who choofe two more out of every hundred ; 
fvliich two affociated to themfelves ten other principal 
freemen, and thofe twelve were to anfwer concerning all 
particulars relating to their own diftriCt. This number 
Was probably found too large ahd inconvenient; but the 
traces of this inftitution ftill remain, in that fome of the 
jury riiuft be fummoned out of every hundred. See the 
article Jury. 
The grand jury are commonly intruded in the articles 
of their inquiry by a charge from the judge on the bench. 
They then withdraw from court to fit and receive indict¬ 
ments, which are preferred to them in the name of the 
king, but at the fuit of any private profecutor; and they 
are only to hear evidence on behalf of the profecution ; 
for the finding an indictment is only in the nature of an 
inquiry or accufation, which is afterwards to be tried and 
detirmined ; and the grand jury are only to inquire upon 
their Oaths whether there be fufficient caufe to call upon 
the party to anfwer it. 
When the grand jury have heard the evidence, if they 
think it a groundlefs accufation, they ufed formerly to 
indorfe on the back of the bill, Ignoramus, i. e. “ We 
know nothing of it;” intimating, that, though the fads 
might pofiibly be true, the truth did not appear to them; 
but now, they afiert in Englifh, more abfolutely, “Not a 
true bill;” or (which is the better way) “Not found;” 
and then the party is difeharged without farther anfwer. 
But a firefli bill may afterwards be preferred to a fubfe- 
quent grand jury. If they are fatisfiedof the truth of the 
accufation, they then indorfe upon it, “ A true bill;” 
anciently, Billa vera. The indictment is then faid to be 
found, and the party ftands indiCted. But to find a bill, 
there muft at leaft twelve of the jury agree ; for fo tender 
is the law of England of the lives of the fubjeft, that no 
man can be convicted at the fuit of the king for any ca¬ 
pital offence, unlefs by the unanimous voice of twenty- 
four of his equals and neighbours : that is, by twelve at 
leaft of ihe grand jury, in the firft place, aflenting to the 
accufation; and afterwards by the whole petit jury, of 
T M E N T. 
twelve more, finding him guilty upon his trial. 2 Hat. P. C. 
161. The indictment, when fo found, is publicly- deli¬ 
vered into court. 
Although a bill of indictment may be preferred to a 
grand jury upon oath, they are not bound to find the bill, 
if they fee caufe to the contrary ; and, though a bill of 
indictment be brought unto them without oath made, they 
may find the bill if they fee caufe; but it is not ufual to 
prefer a bill unto them before oath be firft made in court, 
that the evidence they are to give unto the grand inqueft 
to prove the bill is true. 2 Lill. Abr. 44. The grand jury 
are to find the whole in a bill, or rejeCt it, and not find fpe- 
cially for part. 2 Hawk. P. C. c. 25. § 2. This rule relates 
only to cafes where the grand jury take upon themfelves 
to find part of the fame indiElmcnt to be true, and part 
falfe; and do not either affirm or deny the faCts fubmitted 
to their inquiry; but where there are two diftinft counts, 
viz. one for a riot, and the other for an affault, and the 
grand jury find a true bill as to the afTault; and indorfe 
ignoramus as to the riot, this finding leaves the indictment, 
as to the count found, juft as if there had been originally 
only that one count. Cowp. 325. 
Any one under profecution for a crime, before he is 
indicted, may except againft or challenge any of the per¬ 
fons returned on the grand jury ; as being outlawed, re¬ 
turned at the inftance of the profecutor, or not returned by 
the proper officer, &c. 2 Hawk. c. 25. § 16. No indiBmcnt 
fhall be made but by inqueft of lawful men returned by 
fheriffs, See. And, if a perfon not returned by the flie- 
riff on a grand jury procures his name to be read among 
thofe of others who were actually returned, whereupon 
he is fworn of the jury, he may be indiCted for it and 
fined, and the indiBment found by fuch a jury fhall be 
void. 11 Hen. IV. c. 9. 12 Rep. 98. 3 Infi. 33. 
Sheriffs had formerly power to take indiCtments ; which' 
they did by roll indented, one part W’fiereof remained 
with the indiCtors. 13 Edw. I. 1 Edw. III. Juftices of peace 
have no power relating to indictments for crimes, but 
what is given them by act of parliament: and it is faid juf¬ 
tices of peace in feffions cannot, on an indiBment, try and 
determine the offence in one and the- fame fefiions in 
which the offenders are indiCted. Hilt, n Car. Cro. Car. 
430, 448. And indictments before juftices of peace. Sec. 
may be removed into the court of king’s bench by certio¬ 
rari. But an indictment removed by certiorari may be 
fent back again into the county or place whence removed, 
if there' be caufe to do it. See Certiorari, vol. iv. 
p. 48. _ 
An indictment is the king’s fuit; for which reafon the 
party who profecutes is a good witnefs to prove it. No 
damages can be given to the party grieved upon an in¬ 
dictment, or other criminal profecution, unlefs particu¬ 
larly grounded on fome ftatute ; but the court of K. B. 
by the king’s privy feal may give to the profecutor a 
third part of the fine affeffed for any offence; and the 
fine to the king may be mitigated, in regard to the de¬ 
fendant’s making fatisfaClion to a profecutor for cofts of 
profecution, and damages luftained by the injury received. 
2. Hawk. c. 25. § 3. 
No man may be put upon his trial for a capital offence, 
except on an appeal or indictment, or fomething equiva¬ 
lent thereto. H. P. C. 210. Indictments ouglit to be 
brought for offences committed againft the common law, 
or againft fome ftatute ; and not for every flight mifde¬ 
meanor. 2 Lill. 44. Where a ftatute appoints a penalty 
to be recovered by bill, plaint, or information, it cannot 
be by indictment, but as directed to be recovered ; for 
an indictment will not lie where only another remedy is 
provided by ftatute. Cro. Jac. €43. 3 Salk. 187. 
Hufband and wife may commit- a trefpafs, felony, &c. 
and be indiCted together; fo for keeping a bawdy-houfe, 
though the houfe be the hufband’s. Hob. 65. 1 Salk. 382. 
See Baron and-Feme, vol. ii. 
If an offence wholly arifes from any joint aft that is 
criminal 
