J U 
obtains, that, if a juror knows any thing of the matter in 
jffue, he may be fworn as a witnels, and give his evidence 
publicly in court. 
The antiquity and excellence of the trial by jury in ci¬ 
vil cafes, has already been explained at length. The ar¬ 
guments in its favour hold much ftronger in criminal cafes. 
Our law has therefore wifely and mercifully placed the 
ftrong twofold barrier, of a prefentment and a trial by 
jury, between the liberties of the people and the preroga¬ 
tive of the crown. It has with excellent forecaft con¬ 
trived, that no man fliould be called to anfwerfor any capi¬ 
tal crime, unlefs on the preparatory accufation of twelve, or 
more , of his fellow-fubjefts, the grand jury; and that the 
truth of every accufation fhouid be afterwards confirmed 
by the unanimous 1'uffrage of twelve of his equals and 
and neighbours, indifferently chofen, and fuperior to all 
fufpicion. So that the liberties of England cannot but 
fubfdt fo long as this palladium remains facred and invio¬ 
late; unawed by the power of the monarch, and unftained 
by the weaknefs or wickednefs of thofe who are called 
upon to exercife this invaluable privilege. 
The grand jury generally confifts of twenty-four men, 
of greater quality than the other, chofen indifferently 
out of the whole county by the ffieriff; and the petit jury 
confiftetli of twelve men, of equal condition with the 
party indi&ed, impanelled in criminal cafes, called the 
Jury of Life and Death. The grand jury find the bills 
of indiftment againft criminals, and the petit jury convift 
them by verdi£t, in the giving whereof all the twelve 
muff agree ; and according to their verdict the judgment 
paffeth. 3' Inf. 30, 31, 221. See Indictment, p. 9 of 
this volume. 
The grand jury is one of the molt ancient and refpefta- 
ble tribunals known to the conftitution, and its members 
are ufually gentlemen of the firft confequence and belt for¬ 
tune in their county. They (land in the fituation of um¬ 
pires between the accufer and the accufed, and are thus 
able at all times to protect the weak againlt the ftrong, 
and the perfecuted againft perfecution. Their precife 
eftate is not defined by any ftatute 3 but they ought to have 
freeholds at leaft equal to petit jurymen ; and, in ftriking 
them, it is cuftomary to fummon none but fuch as have the 
joint additions to their names of efquire and freeholder. 
Sir Richard Phillips has the following judicious remarks 
upon grand juries, their office, and duties. “If I may 
indulge in an hypothefis on afubjeft involved in fo much 
obfeurity, I fhouid prefume that, in their inftitution, grand 
juries were fubfequent to petit ones. A grand jury ap¬ 
pears from its nature and objedt to be a refinement or ad¬ 
dition to the trial by petit jury, and is probably coeval 
with the divifion of the kingdom into counties and hun¬ 
dreds. May we not fuppofe that petit juries in barbarous 
ages may have been fo far over-ruled by judges as not to 
continue their intended barrier againft oppreffion. We 
know, that in the time of Alfred a great number of judges 
were hanged; and the reafon given by the author of the 
Mirrour for thefe feverities, was their having over-ruled or 
rendered of no effedt the verdidts of petit juries; hence 
the neceffity, and perhaps the origin, of grand juries. 
They fecure innocent perfons, in the firft inftance, from 
being expofed to an ignominious trial, and preferve them 
from the caprice of judges. They now form an integral, 
effential, and indifpenfable, part of the jury-fyftem. 
As grand juries are the lawful guardians of the liege 
fubjedts of this realm againft vexatious profecutions, it 
mult be evident, that criminal proceedings by motion, fug- 
geltion, procels, information, or in any mode except 
through the medium of a grand jury, are contrary to the 
fpirit of our conftitution. It has given me great pain to 
obferve, that the late bill for declaring, fay rather for re- 
foring, the rights of juries in matters of libel, fpeaks of 
indictments, and alfo of informations. It can fcarcely, 
however, be contended, that fuch incidental recognition 
of a practice renders it legal, and does away the force of 
ail our charters of liberty. As the prjidlice was common. 
R Y. 543 
and allowed in the courts of that day, it was neceffary, 
perhaps, in order to guard the fubjedt on a point common 
to both modes of proceding, to name both, without mean¬ 
ing to declare, or even to confider, their legality. Long 
pradtice, which is one of the juftifications let up for dif- 
penling with grand juries, might lead us to confider infor¬ 
mations as part of the common law, provided they were 
compatible with the conftitution, and there were not fo 
many declaratory ftatues altogether at variance with the 
practice, and prohibitary. of it. Lord Hale, in his Pleas 
of the Crown, obferves, that “ in all criminal cafes the 
molt regular and fafe way, and that the molt confonant 
with Magna Charta and other ftatues, is by prefentment 
or indidlment of twelve fworn men ;” and a higher autho¬ 
rity need not be quoted. I have indeed been gratified to 
perceive, even in our own days, in which liberty has been 
rendered dec’repid under the iron fvvay of revenue-laws, 
that lord chief juftice Ellenborough has repeatedly refufed 
to grant rules againft parties,-on the ground that the mat¬ 
ter charged was properly within the cognizance of a grand 
jury. . 
“ Before I conclude thefe obfervations, on a fubjedt ia 
which the legiflature is bound once more to interpofe its 
authority, I ffiall anticipate fome objections by observing, 
that the ffieriff of Middlefex ftrikes and fummons for every 
term, from among the moft refpedtable perfons in the coun¬ 
ty, a grand jury, which at Weftminlter is called the grand 
inyuef, or ajfife ; and it is,. I conceive, their duty to pre- 
fent to the court of King’s Bench fuch offenders as are 
now proceeded againft by information. It is, therefore, a 
vulgar error, that fome offences by their enormity, or dan¬ 
ger to the public weal, require to be proceeded againft by 
this prompt mode of information ; becaufe the grand in- 
queft could examine the charge, and decide as quickly on 
the fame evidence as that which grounds the prefent mode 
of proceeding. The grand inqueft, however, meet—ad-i 
journ—meet again—and again adjourn !” 
The grand jury lhould confift of at leaft twenty-three 
perfons ; but the bufinefs may proceed although that num¬ 
ber are not prefent, the foreman taking efpecial care that 
no bill is conlldered as found, unlefs fupported by the votes 
of twelve of the jury. Their foreman lliould be cholen 
by themfelves before they go into court, and any attempt 
on the part of the court or the ffieriff to nominate ano¬ 
ther, or fwear him in as fuch, ffiould be refilled. The 
members, with their foreman at their head, then prefent 
themfelves in court to be fworn. 
Oath of the Foreman of the Grand Jury. —“ You ffiall dili¬ 
gently enquire, and true prefentment make, of all articles* 
matters, and things, as ffiall be given you in charge, or 
otherwife come to your knowledge, touching this prefent 
fervice ; the king’s counfel, your own, and your fellows’, 
you ffiall well and truly keep lecret. You ffiall prefent no 
man for hatred, malice, or ill will ; nor leave any unpre» 
fented for fear, favour, or affection, or for any reward, 
hope, or promife thereof; but in all your preferments 
you ffiall prefent the truth, the whole truth, and nothing 
but the truth, according to the bell of your lkill and 
knowledge. So help you God.” 
The reft of the jury are fworn three or four at a time in 
the following words :—“The fame oath that A. B. your 
foreman, has now taken before you on his part, you, and 
every of you, ffiall well and truly obferve and keep on 
your refpedtive parts. So help you God.” 
A bailiff is then fworn to protedl the grand jury.—“You 
ffiall diligently attend this grand jury during this feffion of 
oyer and terminer; you ffiall fafely carry to them all fuch 
indidtnients, informations, and other writings, as ffiall be 
delivered to you by the court, and the fame, when re-deli¬ 
vered to you by the grand inqueft, you ffiall bring back 
again, and deliver them fafe to the court without any al¬ 
teration thereof. So help you God.”—It is, however, 
ufual, as well as fafe, for the grand juiy, or part of them* 
to return their bills into court in perfon. 
No perfon not of the grand jury, no ijarrifter, attorney*. 
clerk 
