reward; and to require the production of any species of evidence which is tendered or attainable, and which appears to him to be

necessary.

XXIX.

It is the delicate but sacred duty of jurymen, to guard against the undue interference or mistaken views of judges, or presiding magistrates, who often take on themselves to direct and dictate to juries, and in bad times have presumed to reprimand them for honest verdicts, or bully them into dishonest ones. The judge is authorized to expand the law, and if the jury cannot write, or have neglected to take down the evidence, it is necessary he should recapitulate the substance of his notes, but he is never warranted in dictating and over-ruling the decision. He should be respected by the jury, but not be implicitly obeyed.

XXX.

Every juryman should recollect that while in the jury-box he is acting for his country; that, in regard to cases brought before him, he is the uncontroled arbiter of justice; that

he is the constitutional protector of suitors, and accused persons, against legal quibbles and oppressions; that he is the living guardian for his posterity of those sacred powers of juries, transmitted to him by his forefathers; and that the preservation of JUSTICE and LIBERTY depends on every firm and upright man doing his duty in every jury.

GOLDEN RULES FOR GRAND JURYMEN.

1.

A GRAND JURY is one of the most ancient and respectable tribunals known to the constitution of this kingdom, and its members are usually gentlemen of the highest consequence and best figure in the county. A knowledge of the duties and powers of a grand juryman is absolutely necessary to every gentleman in the kingdom, because his own property, his liberty, and his life, depend upon maintaining in its legal force this branch of trial by jury.— Blackstone, book iii. chap. 23.

II.

Their foreman is to be chosen by themselves, and any attempt on the part of the court, or sheriff, to nominate him, or swear him in as such, should be resisted. In Middlesex it is usual to choose a foreman in the grand jury room, after which, the members, with him at their head, present themselves in court to be sworn in.

III.

The grand jury ought to be composed of twenty-three persons, but the business frequently proceeds, although that number are not present, the foreman taking care that no bill is found unless supported by the votes of twelve of the jurymen.-Blackstone, book iv. chap. 23, sec. 2.

IV.

As it is the express object of a grand jury to decide whether there is any matter of accusation against the party accused, or whether he ought to be put on his defence, they are competent to decide finally and totally on all the parts of the charge, both as to fact and intention. Stat. 29 Eliz. 3. cap. 4. and 42. Eliz. 3. cap. 3. They stand in the situation of umpires between the accuser and the accused, and are thus able at all times to protect the weak against the strong. This uncontroled and important power of a grand jury constitutes one of the chief glories of the constitution of England, and is a grand bulwark of the liberties of the people.

V.

A grand jury ought to be thoroughly and completely satisfied of the truth of all the parts

of an indictment before they find it, and ought never to be influenced by remote probabilities. It is a very serious and solemn matter for a person to be placed on his trial at the bar of a court of justice; and as the grand jury hear evidence only on the side of the prosecution, the whole case ought to be CLEARLY and UNQUESTIONABLY made out by the prosecutor to justify them in finding a true bill.

VI.

Grand juries have power to expose, if not to correct, all abuses of the state, of law, and of society in general, by due presentment. Any undue powers assumed by ministers of state, or courts of law, contrary to the usage and spirit of the constitution-any conspiracy by which the loose and arbitrary practice of the Court of Chancery permits lawyers and clients to worry and injure one another-any unconstitutional practices in local elections of members of parliament-any tyrannical and cruel decisions of magistrates, or the corrupt and capricious conduct of any judge of assize, -are fit and proper objects for the inquisition and presentment of grand juries; and, as there exists no more prompt and suitable remedy for the formal exposure, and speedy