"for," says the learned commentator already quoted, "the finding of an
indictment is only in the nature of an enquiry or accusation, which is
afterwards to be tried and determined; and the grand jury are only to
enquire upon their oaths, whether there be sufficient cause to call
upon a party to answer it." They ought, however, to be fully persuaded
of the truth of an indictment as far as the evidence goes, and not to
rest satisfied with remote probabilities; for the form of the
indictment is, that they, "_upon their oath_, present" the party to
have committed the crime. This form, Mr Justice Coleridge observes, is
perhaps stronger than may be wished, and we believe that the criminal
law commissioners are now seriously considering the propriety of
abolishing it.

After hearing the evidence, the grand jury endorse upon the bill their
judgment of the truth or falsehood of the charge. If they think the
accusation groundless, they write upon it, "not found," or "not a true
bill;" in which case the bill is said to be ignored: but, on the other
hand, if twelve at least are satisfied of the truth of the accusation,
the words "true bill" are placed upon it. The bill is then said to be
found. It then becomes an indictment, and is brought into court by the
grand jury, and publicly delivered by the foreman to the clerk of
arraigns, or clerk of the peace, as the case may be, who states to the
court the substance of the indictment and of the indorsement upon it.
If the bill is ignored, and no other bill is preferred against the
party, he is discharged, without further answer, when the grand jury
have finished their labours, and have been themselves discharged. To
find a bill, twelve at least of the jury must agree; for no man, under
this form of proceeding at least, can be convicted even of a
misdemeanour, unless by the unanimous voice of twenty-four of his
equals; that is, by twelve at least of the grand jury assenting to the