JURY, JURATORES, or JURAT!, (from jurare, i to swear,) a certain number of men who are sworn to inquire into and try such matters of fact as may be referred to them, and to declare the truth upon such evidence as shall appear before them. They are sometimes called the from their being appointed to inquire into the truth of cer tain facts.
The trial by jury, both in civil and criminal causes, is of great antiquity in these kingdoms; and has always been justly considered as a most valuable institution for securing the life, liberty, and property of the subject.
Juries are of different kinds. 1. The Grand Jury is an institution peculiar to England. It generally consists of 24 gentlemen of the best figure in each county, chosen in differently by the sheriff, who arc sworn to the number of 12 at the least, and not more than 23, in order that 12 may be a majority. The sheriff of every county is bound to return a grand jury to every session of the peace, and to every commission of Oyer and terminer, and of general gacl delivery. Their office is to inquire, present, do, and exe cute all things, which, on the part of our lord the king. shall then and there be commanded them. Before they proceed to business, the grand jmy are instructed in the articles of their inquiry, by a charge from the judge who presides upon the bench. They then withdraw, to sit and receive indictments, which are preferred to them in the name of the king, but at the suit of any private prosecu tor ; and they are only to hear evidence on behalf of the prosecution. For the finding of an indictment is only in the nature of an inquiry or accusation, which is afterwards to be tried and determined; and the grand jury are only to in quite, upon Own oaths, wbetl.er there be sufficient cause to call upon the party to answer it. After hearing the evi dence, if the grand jury think the accusation groundless, they write on the back ni the bill, " Not a true bill ;" and then the party is discharged without farther answer. If they are satisfied or the truth of the accusation, they in dorse upon it, " A trite bib," and the indictment is then said to be found. But to find a bill, there must at least
twelve of the jury agree. The indictment, when found, is publicly delivered into court.-2. The Petit Jury, so called to distinguish them from the grand jury, are persons who try the prisoner, and either find him guilty, or acquit him. The petit jury consists of 12, and their verdict must be unanimous.-3. The Common Jury are the jury returned by the sheriff, according to the directions of the statute 3 Geo. II. c. 25, which appoints, that the sheriff shall not return a separate pannel for every separate cause, as for merly : but one and the same pannel for every cause to be tried at the same assizes, containing not less than 48, nor more than 72, jurors. The names of these being written on tickets, are put into a box or glass ; and when each cause is called, the 12 persons, whose names shall he first drawn out of the box, shall be sworn upon the jury, unless absent, challenged, or excused.—A Special Jury is distinguished from a common jury. Special juries were originally introduced in at bar, when the causes were of too great nicety for the discussion of ordinary freehold ers ; or when the sheriff was suspected of partiality. He is, in such cases. upon motion in C01111, and a rule granted thereupon, to attend the prothonotary, or other proper officer, with his freeholder's book ; and the officer is to take indifferently. 48 of the principal freellolders, in the presence of the nuclides on both sides, who are each of them to strike off 12, and the remaining 24 are returned upon the paunch In Scotland, instiminal trials, a number of jurymen,not exceeding 45, is cited. Of this number, fifteen are chosen by the judge to sit upon each trial, the prisoner being al. lowed to object to any of them upon good grounds. Cler gytnen and surgeons are exempted from the duty of jury men, and butchers are exeltided from the office.
Trial by jury, in civil causes, had gone very much into disuse in Scotland ; but it has lately been revived by the in stitution of a particular court for trying issues in civil cases by j u ry.#