GRAND JURY is the assembly of good and sufficient men, summoned by order of the sheriff to attend every sessions of the peace, and every commission of over and terminer and general jail delivery in England, for the purpose of inquiring into the charges for offenses, and of returning to the court their delivery thereon. The institution of the grand jury dates back to the earliest period of English history, having been in use among the Saxons. By a law of Ethebed it is enacted, " Exeant seniores duodecim than', et prtefectus cum eis, et jurent super sanctuarium quod cis in matins datur, quod nolint 'Alum innocentem aecusare, nec aliquem noxium ctelare."—Wilkins, I.eges. Sax. 117. From this enactment, it appears that the number of the grand jury was originally twelve; but we learn from Bracton that, in the time of Henry III., it was the practice to return four knights for every hundred, who elected twelve other knights, or else twelve libsros et legates &mines, to take part with them in the inquest. Towards the latter part of the reign of Edward III., in addition to the inquest for the hundred, the sheriff was required to return a panel of knights for the whole county. This jury was called le graunde inquest, and made inquiry for the county, while the jury for the hundred inquired for its own district only. After the establishment of the graunde inquest, the, practice of summoning a jury of the hundred gradually went out of use; hut until 6 Geo. IV. c. 50, it was deemed necessary that some of the grand jury should be summoned for every hundred. In the present (lay, the grand jury must consist of not less than twelve, or more than twenty-three members. A grand jury is summoned for every assize, and for the quarter-sessions in counties and burghs. It is not necessary That grand jurors should be freeholders; they may be leaseholders or ratepayers, but often are gentleman of wealth. The qualification of grand jurors is fixed by 6 Geo. IV. c. 50, and is the same as that of the petit jury. See ,Itmr TRIAL. Town-councilors of a burgh are exempt from serving on juries within the burgh. An Irish peer, who is a member pf parliament, is liable to serve on the grand jury at assizes. An alien cannot serve on the grand jury unlessthe has been naturalized. In Middlesex two grand juries were summoned every term, and sworn before .he senior judge of the queen's bench, but this is discontinued unless on special occasions. After having the oath administered,
and receiving a charge from the judge, they retire to their room, and the various indict ments, which are called bills, are laid before them. The duty of the grand jury is sim to inquire whether there is sufficient prima facie evidence to require a trial. For this purpose, they may require the same evidence, written and parol, as may be neces sary to support the indictment at the trial. But in practice, having ascertained that the crown has a sufficient prima fade case, they return a true bill, the prisoner's evidence being reserved for the trial. Witnesses are.sworn on their examination before the grand jury by an officer appointed by the court. When the jury have come to a conclusion, the clerk indorses on the indictment a true bill in case the jury, or a majority of twelve, are satisfied that the case is sufficiently strong. In case they are not satisfied, the indictment is indorsed not a true. bill. foreman,. accompanied by one or more pf the jurors, then carries the indictments into court, and presents them to the clerk, who states to the court the nature of the charge and the indorsement of the jury. A bill having been thrown out by the grand jury, it cannot be preferred to the same grand jury during the same assizes or sessions. The grand jury usually serve for the whole session to which they are summoned; but in an emergency, as where a serious crime has been committed, and the prisoner brought in after the jury has been discharged, it is competent In swear a new jury. It frequently happens at assizes that, an offense having been committed before the grand jury have been discharged, a bill is immedi ately sent before them, on which they make their return; so that the case is disposed of in a few days, or even a few hours, after commission of the offense.
Although the grand jury has often been complained of as a somewhat superfluous step in the prosecution of offenses, and as no longer required, yet it provides an additional safeguard to the liberty of The subject in all cases. It has, however, been proposed to abolish it when the case has been already before a magistrate, who has like duties to perform.
In Scotland there is no grand jury; the duty of investigatiag•and bringing to trial in that country being assigned to a pnblic,proSecutor. Sec ADVOCATE, Lon».