J u 
lias not cognizance of the abufe, or power to redrefs it, or if 
any proceedings of the court itfelf are the fubjett of com¬ 
plaint, the jury are warranted in petitioning the high court 
of parliament. This is the fureft mode of obtaining- redre'fs j 
but fome juries content themfelves with laying their com¬ 
plaint before the fecretary of ftate, presenting as matter of 
form a copy of their letter to the court. 
“ As public nuifances often efcape prefentment, owing 
to the jury not knowing what objects are within their cog¬ 
nizance, I have fubjoined a lilt; 
Bad roads. 
Imperfeft bridges. 
Qbftrudti'ohs, and floodings of rivers. 
Dilorderly houfes, as bawdy-houfes and gaming-houfes. 
Scolds and public dilturbers. 
Offenfive manufactories from fmell, fmoke, effluvia, or 
moife. 
Ruinous houfes, and every thing dangerous to life or 
limb. 
Accumulations of dung or filth. 
. Letting loofe ferocious dogs or bulls. 
Cruelty to animals in butchers, poulterers, drovers, or 
graziers. 
Fire-works and bonfires. 
Magiftrates who abufe their power, or who aft corruptly 
or immorally. 
Gaolers who treat their prifoners with' feverity, beyond 
what is reafonably neeefiary for fate cultody. 
Abufes in work-houfes, and in regard to the poor. 
Beggars, ftrollers, and vagabonds. 
Mifappropriation of public charities, and the negleft or 
abufe of them.” 
Thus much of grand juries.—When a true bill is re¬ 
turned into court, and the prifoner, on his arraignment, 
has pleaded Not guilty , and for his trial hath put himfelf 
upon his country-> which country the jury are, the flieriff 
of the county muft return a panel of jurors; freeholders 
without juft exception, and of the neighbourhood; that 
as, of the county where the fact is committed. 2 Hal. P.C. 
264. a Hawk. P. C. c. 40. If the proceedings are before 
the court of K. B. time is allowed, between the arraign¬ 
ment and trial, for a jury to be impanelled by writ of 
venire facias to the flieriff as in civil caufes ; but before 
commiflioners of oyer and terminer, and gaol-delivery, the 
flieriff, by virtue of a general precept directed to him be¬ 
forehand, returns to the court a panel of forty-eight ju¬ 
rors, to try all felons that may be called upon their trial 
at that feflion. 4 Comm. c. 27. 
Challenges may be made in criminal cafes either on the 
part of the king, (the profecution,) or on that of the pri- 
i'oner; and either to the whole array or to the feparate 
polls, for the very fame reafons that they may be made in 
civil caufes. For it is here at leaft as neeefiary aS there, 
that the jury be liable to no objection; that the flieriff or 
returning- officer be totally indifferent; and that, where an 
alien is indicted, the jury fliould be half foreigners, if fo 
many are found in the place ; this latter privilege how¬ 
ever does not hold in treafons, aliens being very improper 
judges of the breach of allegiance. 
Challenges upon any of the accounts fpecified in civil 
cafes are ftyled challenges for caufe ; which may be with¬ 
out ftint in both criminal and civil trials. But in crimi¬ 
nal cafes, at leaft in capital ones, there is in favour of life 
allowed to the prifoner an arbitrary and capricious fpecies 
of challenge, to a certain number of jurors, without 
Flowing any caufe at all; a provifion full of that tender- 
nefs and humanity to prifoners for which the Englifh 
laws are juftly famous. This is grounded on two reafons, 
viz. the fudden impreflions and unaccountable prejudices 
which every one is apt to conceive on the bare looks and 
gefture of another ; and the confideration that the very 
queftioning a perfon’s indifference may provoke refent- 
ment; a juror therefore challenged for infufficient caufe 
may afterwards be peremptorily challenged. This privi- 
lege of peremptory challenges, though allowed to the 
Vol. XI. No. 77j. 
E \. 54o 
prifpner, is denied to the king, by 33 Edw. I. ft. 4; which 
enacts, that the king (hall cha’Ienge no jurors without afi- 
figning a caufe certain, to be tried and approved by the 
court. However, it is held that the king need not aifigh 
his caufe of challenge till all the'panel is gone through', 
and unlefs there cannot be a full jury, without the per¬ 
rons fo challenged ; and then, and not fooner, the king’s 
counfel 111 tilt fliow the caufe, tftherwife the jurors (hall be 
(worn. 2 Hawk. P. C.c.43. §. 3. 2 Hal. P. C. 271. Raym. 473. 
Thefe. peremptory challenges of the prifoner muft how¬ 
ever have fome reafonable boundary; this is fettled by 
the common law at the number of thirty-five, that is, one 
under the number of thre’e full juries ; and if a prifoner 
peremptorily challenged above that number, and would 
not retraCt liis challenge, he Was formerly to foe dealt 
with as one who flood mute, or refufed liis trial, by ftn- 
tencing him, in cafes of felony, to the peine Jorte & dure, 
pre'ffrhg to death, now totally aboliflied ; and by attainting 
him in treafon. And fo the law hands at this, da^ with, 
regard to treafon of any kind. But by fiat, 22 Flen. VIII. 
c. 14, no perfon arraigned for felony can be admitted to 
make any more than twenty peremptory challenges. 
If by reafon of- challenges, or the default of jurors, a 
(ufficient number caniiot be had of the original panel, a 
tales may be awarded, as in civil caufes ; though this 
cannot take place in mere commifllons of gaol-delivery, 
but in which the court may by word order a new panel 
to be returned infanter. When at length the number of 
twelve is completed, the crier tells the firft juryman of 
the panel to look upon the prifoner, and lay his right 
hand upon the New Teftament; and then fw'ears him 
in the following manner: “You (hall well and truly 
try, and true deliverance make, between our fovereigti 
lord the king and the prifoner at the bar, whom you fhall 
have in charge, and a true verdict give according to the 
evidence. So help }'ou God.” In this form and manner 
the twelve are to be fworn, one by one, each looking 
upon the prifoner as the oath is recited. 
The foreman of the petit jury is ufually the perfon who 
happens to anfwer firft to his name when the fumtnoned. 
jurymen are called ; but the jury may choofe their fore¬ 
man, if they do not approve of the perfon who happeri's 
to be the firft called, particularly if that perfon lvas never 
before been on a jury, or if he decline to act as foreman. 
No privilege attaches to the foreman beyond that of pub¬ 
licly pronouncing the verdift to the court after the jury- 
have decided. 
After each witnefs againlt the prifoner Has been exa¬ 
mined by the king’s counfel, the prifoner’s counfel, and 
the court, the prifoner and the jury may afk him any. 
queftions they'pleafe. It is the bufinefs of the profecu- 
tor’s counfel to examine firft the witneffes produced againft 
the prifoner; the prifoner or his counfel crofs-exafnining 
them. The prifoner firft examines his own witneffes, 
and afterwards the profecutor crofs-examines them; the, 
reply belonging to the profecutor. The jury are at li¬ 
berty to afk queftions for their own better information, at 
any ftage of the proceedings. 
When the evidence for and againft the prifoner, the 
prifoner himfelf, and his counfel, have been heard, and! 
the judge has explained the law to the jury, they are to 
confider of their verdiCt. If they do not immediately 
agree, the foreman requefts that they may retire; on 
which the clerk of the arraigns bids the crier (wear 3, 
bailiff to keep them : “You (ball well and truly keep 
this jury without meat, drink, fire, or candle; [if, it be in 
the night-time the word candle is to be omitted ;] you fhall 
not fuffer any perfon to fpeak unto them, nor you your- 
felf, unlefs it be to afk them whether they are agreed of 
their verdiCt, until they fhall be agreed of their verdiCt. 
So help you God.” The bailiff then takes them to fome 
convenient room, provided for that purpofe, locks them 
in, and attends at the door, until they inform him they 
have agreed. He then lets them out, and takes them into, 
court, to deliver their verdict. If they iihd they cannot 
6 Z agree 
