If jurors are bound to enforce all laws passed by the
legislature, it is a very remarkable fact than the oath of grand juries does not
require them to be governed by the laws in finding indictments. There
have been various forms of oath administered to grand jurors; but by none of
them that I recollect ever to have seen, except those of the States of
Connecticut and Vermont, are they sworn to present men according to law.
The English form, as given in the essay on Grand Juries, written
near two hundred years ago, and supposed to have been written by Lord
Somers, is as follows:
"You shall diligently inquire, and true presentment make, of all
such articles, matters, and things, as shall be given you in charge,
and of all other matters and things as shall come to your knowledge
touching this present service. The king's council, your fellows, and your own,
you shall keep secret. You shall present no person for hatred or malice;
neither shall you leave any one unpresented for favor, or affection,
for love or gain, or any hopes thereof; but in all things you shall present the
truth, the whole truth, and nothing but the truth, to the best of your
knowledge.
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