These Commissioners Sit At
Justice Hall In The Old Bailey, And Bills Of Indictment Having Been
Found By The Grand
Juries of London or Middlesex, containing the
prisoner's accusation, a petty jury, consisting of twelve
substantial citizens is empanelled for
The trial of each of them;
for, as to the grand jury, they only consider whether there is such
a probability of the prisoner's guilt as to put him upon making his
defence, and this is determined by a majority of the grand jury:
but the petty jury, who pass upon the prisoner's life and death,
must all agree in their verdict, or he cannot be convicted. But
though the petty jury judge of the fact, i.e., what the crime is, or
whether it was committed by the prisoner or not, the commissioners
or judges declare what are the punishments appropriated to the
several species of crimes, and pronounce judgment accordingly on the
offender. In high treason they sentence the criminal to be drawn
upon a hurdle to the place of execution, there to be hanged and
quartered. In murder, robbery, and other felonies, which are
excluded the benefit of the clergy, the criminal is sentenced to be
hanged till he is dead. And for crimes within the benefit of the
clergy, the offender is burnt in the hand or transported, at the
discretion of the court. And for petty larceny, i.e., where the
offender is found guilty of theft under the value of twelve pence,
he is sentenced to be whipped.
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