The trial by jury, handed down from our Saxon ances tors, is the most noble feature in English jurisprudence, and is justly regarded as the safeguard of the lives, li berties, and property of the nation. In civil cases there are two kinds of juries, special and common; special ju ries were originally introduced, when the causes were too intricate for the discussion of ordinary freeholders. In forming a special jury, the sheriff attends with his free holders book, and the proper officer takes indiscriminately 48 of the freeholders, 12 of whom are struck off by each of the attornies on both sides. A common jury is return ed by the sheriff, who gives in a list, containing not less than 48, nor more than 72 jurors, whose names are put into a box, and the 12 first drawn out are sworn on the jury. The jurors may be challenged by either party. Each of the 12 men composing the jury is sworn sepa rately, well and truly to try the issue between the parties, and a true verdict to give according to the evi dence. The pleadings are then opened by the council for the plaintiff; after which, the evidence is gone through in support of the case; the counsel on the other side next opens the adverse case, and likewise adduces evi dence in support of it; after which, the party who began is heard in reply. One credible witness is sufficient to establish a fact. No man can be a witness in his own cause. The evidence being gone through on both sides, the judge proceeds to sum up the whole to the jury, in the presence of the parties, their counsel, and all others, in open court. He also gives his opinion to the jury in matters of law arising upon the evidence. If the jury think it necessary, they retire to consider of their verdict. They are kept without meat, drink, fire, or candle, (un less by permission of the judge,) till they are unanimous ly agreed. When they are agreed, they return back to the bar, and deliver their verdict; that is, they find either for the plaintiff or the defendant. The judgment of the court follows the verdict of the jury ; and where the judgment is not suspended, or reversed, execution fol lows; but the writs of execution must be sued out with in a year and a -day after judgment is entered. Such are the proceedings in civil cases.
The courts of criminal jurisdiction, are either those of a public and general authority throughout the kingdom ; or such as are private and special, being confined to par ticular parts of the realm. The highest criminal court is the high court of parliament. In it the greatest offen ders, whether peers or commoners, are prosecuted and punished by trial or impeachment. An impeachment is a presentment to the House of Lords, by the Commons, in Parliament assembled. A peer may be impeached for any crime, and a commoner for a capital offence, as well as for high misdemeanours. No pardon, under the great seal, is pleadable to an impeachment by the Commons. In cases of impeachment, after evidence is gone through, and counsel heard, each peer declares, on his honour, whether the accused is guilty or not guilty of the crimes laid to his charge, and he is acquitted or condemned, according as the majority of the peers are for or against him. It has already been mentioned, that the Court of King's Bench, on the crown side, takes cognisance of all criminal causes. The High Court of
Admiralty takes cognizance of all crimes and offences committed either upon the sea, or upon the coasts. The criminal courts of local jurisdiction, are the courts of dyer and terminer, or courts of assize, held by the judg es on the circuit, attended by the justices of the peace of the county wherein the assizes are holden ; and the general quarter sessions of the peace, which must be holden in every county, once in every quarter of a year. It is holden before two or more justices of the peace, one of whom must be of the quorum. The jurisdiction of this court extends to all felonies and trespasses ; but murders, and other capital felonies, are usually referred to the assizes.
The regular and ordinary mode of proceeding against a criminal, is, in the first place, by arrest. The usual mode of making an arrest, or of apprehending a person, is by a warrant, granted under the hand and seal of a justice, on the party requiring it making oath concerning the crime committed: but arrests may be executed by offi cers, without warrant, against persons whom they find in the act of committing a breach of the peace. When an offender is arrested, he is taken before a magistrate, who dismisses him if the charge appears groundless ; but if otherwise, he is either committed to prison or ad mitted to bail, that is, he must give sureties for his ap pearance to answer the charge against him. On an ac cusation of treason, or of murder, as well as in many other cases, no hail can be taken ; where it is admissi ble, the law directs it not to be excessive. After the commitment or bail of an offender, follows his prosecu tion, or formal accusation, which is first before the grand jury : this is the only institution of the kind in Europe. The grand jury is composed of freeholders and gentle men of the first respectability in the county. It consists of 24 good and lawful men, of whom not fewer than 12, nor more than 23, are to be sworn to discharge the duty which the law imposes on them. The difference be tween the duty of a grand and petty jury consists in this, that the former hears only the evidence on the part of the prosecution, whereas the latter hears the prison er's defence and witnesses also. As soon as the grand jury is sworn, the judge delivers to them his charge, remarking on the different subjects of their inquiry, and reminding them of their duty. If after having heard the evidence in support of the accusation, contained in the hill of indictment laid before them, they are of opi nion that the accusation is groundless, they indorse the bill with the words, "not a true bill," or " not found," and the party is discharged of course ; but a new indict ment may be preferred to a subsequent grand jury. But if they are satisfied of the truth of the accusation, they indorse upon it, 44 a true bill." The indictment is then said to be found. Twelve of the grand jury, at least, must assent to the accusation of the party. There is also a method of proceeding, in criminal cases, at the suit of the king, without a previous presentment to a grand ju ry, which is by way of information ; either partly at the suit of the king, and partly of the subject, or in the name of the king alone.