J U 
Juries, to which I refpeftfully call the attention of oracles 
of law and legislation, is the multiplication of fpecial ju¬ 
ries in all kinds of caufes, and even in caufes in which 
the crown-office profecutes, although the mafter of that 
office is the perfon appointed to Strike thofe juries. What 
I have obferved, in regard to the falfe principle on which 
the juries of the revolutionary tribunal were constituted, 
applies with nearly equal force to thefe new-fangled Eng- 
liffi juries. They nearly always confilt of the lame men, 
becoming an integral part of the court, identifying them- 
felves with it in fpirit, feeling, and practice ; and by their 
regular attendance, convert the office of juryman into a 
place of permanent profit. The Statute which forbids ffie- 
riffs to fummon jurors oftener than with an interval of two 
terms is wholly disregarded, and the officer who Strikes 
fpecial juries is equally inattentive to the claufe which 
reftriffs him from returning them ; 4. Geo. II. cap. 7. I 
confel's I doubt altogether the necefiity or expediency of 
the 15th fedtion of the 3d of Geo. II. which extended to 
ordinary caufes the fpecial provifions of trials at bar ; but 
the legillature, of courfe, did not contemplate the intro¬ 
duction of Such juries except on extraordinary occafions. 
After the enquiries of a committee, I venture to hope par¬ 
liament will feel the necefiity of repealing that and the 
two following feflions. If perfons fuperior in education 
and expert in bufinefs are neceflary in particular caufes, 
there leems to be no found pretence for taking the choice 
of them out of the hands of the flierilf, nor for exempt¬ 
ing them from the general reftriftion of the 4 Geo. II. 
cap. 7. A conformity to this reftriftion would render 
them Iefs liable to objection ; but it is altogether unac¬ 
countable, and without analogy in the uffiole courfe of 
our jurifprudence, that a man may firft be profecuted on 
the Suggestion of an attorney-general, without the inter¬ 
vention or the presentment of a grand jury, and afterwards 
be tried by a fpecial jury, Struck in the exchequer by the 
remembrancer of that court, or in the king’s bencli by 
the mafter of the crown office.” 
A common jury is one returned by the Sheriff accord¬ 
ing to the directions of flat. 3 Geo. II. c. 25 ; which ap¬ 
points, that the Sheriff or officer Shall not return a feparate 
panel for every’’ feparate caufe, as formerly, but one and 
the fame panel for every caul’e to be tried at the fame af¬ 
files, containing not leSs than forty-eight, nor more than 
ieventy-two, jurors ; and that their names, being written 
on tickets, Shall be put into a box or glafs ; and, when 
each caufe is called, twelve of thefe perfons, whofe names 
fnall be firft drawn out of the box, Shall be Sworn upon 
the jury, unlefs abfent, challenged, or excufed ; or unlefs 
a previous view of the melTuages, lands, or place, in quef- 
tion, Shall have been thought neceflary by the court ; in 
which cafe it is provided, by flat. 4 Ann.c. 16, that fix or 
more of the jurors returned, to be agreed on by the parties, 
or named by a judge or other proper officer of the court, 
Shall be appointed, by fpecial writ of habeas corpora, or 
diftringas, to have the matters in queftion Shown to them 
by two perfons named in the writ; and then inch of the 
jury as have had the view, or fo many of them as appear. 
Shall be fworn on the inqueit previous to any other jurors. 
• Thefe Statutes are well calculated to restrain any fufpicion 
of partiality in the fneriff, or any tampering with the ju¬ 
rors when returned. 
Panels of juries returned to inquire for the king, may 
be reformed by the judges of gaol-delivery, &c. 3 Hen. VIII 
c. 12. Jurymen not appearing Shall forfeit iffues, if they 
have no reasonable excufe for their defaults, viz. 5s. on 
the first writ, upon the fecond 10s. and the third writ 
13$. 4d. 35 Hen. VIII. c. 6. No jury is to appear at 
■Weftminfter for a trial, when the offence was committed- 
thirty miles off; unlefs the attorney-general require it. 
28 Eliz. c. 5. §. 2. Constables of parishes, &c. at Michael¬ 
mas quarter-lefiions yearly, are to return to the justices of 
peace, lifts of the names and places of abode of perfons 
qualified to Serve on juries, between the ages of twenty- 
one and-feventy, attested upon oath, on pain of forfeiting 
R Y. 5S9 
5I. And the juftices of peaee Shall order the clerk of the 
peace to deliver a duplicate of thofe lifts to the Sheriff, &c. 
And Sheriffs are to impanel no other perfons, under the 
penalty of 20I. See. 7 & 8 Will. III. c. 3a. 3 Ann. c. i8i 
No Sheriff, bailiff, &c. Shall return any perfon to ferve on- 
a jury, unlels he hath been duly fummoned fix days be¬ 
fore the day of appearance; nor Shall take any money or 
other reward to excufe the appearance of any juryman, on 
pain of forfeiting iol. 4 & 5 Will. & Mary, c. 24. 
By 3 Geo. II. c. 25. lifts of jurors qualified are to be 
made from the rates of each parish, and fixed on the doors 
of churches, &c. twenty days before the feaft of St. Mi¬ 
chael, that public notice may be given of perfons qualified 
omitted, or of perfons inferted who are not fo, See. and, 
the lifts being fet right by the juftices of peace in quarter- 
S’effions, duplicates are to be delivered to the Sheriffs of 
counties by the clerks of the peace; the names con¬ 
tained in which Shall be entered alphabetically by the She¬ 
riffs in a book, with their additions, and places of abode, 
&c. If any Sheriff (hall return other perions to ferve on 
juries ; or the clerk of the affife record any appearance, 
when the party did not appear; they Shall be fined by the 
judges, not above iol. nor lefs than 40s. The like penalty 
for taking money to excufe perfons fromferving; and the 
Sheriffs may be fined 5I. for returning jurors who have 
ferved two years before, See. Jurors making default in 
appearance Shall be fined not exceeding si. nor under 40s-. 
By 4 Geo. II. c. 7. §. 2. no perSon Shall be returned as a 
juror at niji prius in Middlefex, who has been returned 
there in the two preceding terms, or vacations. In defi¬ 
ance, however, of this Statute, the fame fpecial jurymen 
ferve for their guinea per trial in almolt every caufe in the 
courts at WeStminfter and Guildhall; and Sheriffs fum¬ 
mon them, although liable to a fine of 5I. in every instance. 
By 3 Geo. II. c. 25. no perfons Shall be returned as jurors 
at affifes in counties who have ferved within two years ; 
except in Rutlandshire, (the fmallelt county in England,) 
where the time is limited to one year; and in Yorkshire, 
(the largest,) where it is extended to four years. The 
29 Geo. II. c. 19. enafts, that perfons fummoned on juries 
iu courts of record in London, or in any other cities, cor¬ 
porations, and franchifes, not attending, may be fined from 
40s. to 20s. 
If the Sheriff return twelve jurors only according to the 
writ, where he ought to have returned twenty-four ac¬ 
cording to the ulage, for fpeeding the trial In cafe of 
challenge, death, or ficknefs. See. he (liali be amerced. 
Jen/i. Cent. 172. 
Either the plaintiff or defendant may ufe their endea¬ 
vours for any juryman to appear; but one who is not a 
party to the fuit may not; and an attorney was thrown 
over the bar, becaufe he had given the names of Several 
perfons in writing to the Sheriff, whom he would have re¬ 
turned on the jury, and the names of others whom he 
would not have returned. Moor 882. If a juryman appear, 
andrefufeto be fworn, or refufeto giveany verdict, if heen- 
deavours to impofe upon the com t,or is guilty of any rr.if- 
behaviourafter departure from the bar, he may be fined, and 
attachment ifl'tie againft him. 2 Hawk P. C. c. 22. §. 15-18. 
If, by means of challenges, or other caufe, a Suffi¬ 
cient number of unexceptionable jurors doth not appear 
at the trial, either party may pray a talcs. A tales is a 
fupply of fuch men as are fummoned upon the firft panel, 
in order to make up the deficiency. For this purpofe a 
writ of decern tales, 0EI0 talcs, and the like, was ufed to be 
iffued to the Sheriff at common law, and muft be ftili fo done 
at a trial at bar, if the jurors make default. But at the 
affifes or nifi prius, by virtue of Slat. 35 Hen. VIII. c.-6, 
and other fubfequent Statutes, the judge is impowered,at the 
prayer of either party, to award a tales de circumjlantibus of 
Such perfons prefent in court as are duly qualified to be 
joined to the other jurors to try the caufe, who are liable 
however to the fame challenges as the principal- jurors. 
This is ufually done till the legal number of twelve be 
completed. A tales is not to be granted where the whole 
- 1 jurv 
