PROVINCE OF NEW YORK. Att the General Quarter Sessions of our Lord the King held att the Citty Hall in the Citty of New-York for Our Sayd Lord the King, and the body of the sayd Citty and County of New-York, that is to say on Tuesday the 8th day of February, in the Six and thirtieth year of the Reigne of our Sovereigne Lord Charles the Second of England, Scottland, France and Ireland, King, Defender of the faith, & before Cornelis Steenyck, Esqr, Mayr of the sayd Citty, and James Graham, Recorder, Nicholas Bayard, John Inians, Wm Pinho ... Guyl. Ver Plank, Jno Robinson and William Cox, Esqrs, Aldermen and Justices of the Peace of the sayd Citty and County, Commisionated by Authority undr his Royal Highness James Duke of York and Albany Lord Proprietr of the Province aforesd.
The Grand Jury "which consisted of Nineteen [?],[24] was Called and Sworne According to An Oath Agreed On by the Court, and was as followeth, viztt.:
"You Shall diligently Enquire and true Presentmt make of all Such things and mattrs as shall be giuen you in Charge Or shall Come to your knowledge this Present Servise. The Kings, His Royal Highness Lord Proprietr and this City Councell Yor fallows and your owne you shall well and Truely keep Secreet. You shall present nothing for Malace or Euill will that you Bare to Any Person, Neither shall you Leaue anything unpresented for Loue, favour, affection Reward Or Any hopes thereof, but in all things that shall Concerne this Present Servise you Shall Present the truth the whole truth and nothing but the truth, According to yor best skill and knowledge—Soe help you God."
Mr. Francis Rumbout was Apoynted foreman.
The Recorder ... read to them ther Charge whch was Deliuered in Writeing.
Then follows the quaint record of the first presentment or bill of indictment:
John Robinson, } For Our Lord the Kings sworne to Wm Cox, } declare to the grand jury wt they Richard Elliott, } know about the Burgulary Henry Darby Bryan. } Thomassen is Charged with. The Bill Against him was Committed to the Grand Jury wth the Examncon of the witnesses, and the Court adjourned till four in the afternoone.
In the Afternoone the Court being opened the Indictmt agst Henry Thomassen was returned by the Grand Jury Billa vera.
Henry Thomassen being Called for the Sherriff returnes that he has Broak Prison and made his Escape, and Desires tyme till the next Sessions to Persue him.
Ordered That the Sherriff doe make Persuits after the prisonr to haue him att the next session to abide his Tryall. The Grand Jury was dismissed from further Attendance till ye next sessions and ye court dissolved.
| John Robinson, | } | For Our Lord the Kings sworne to |
| Wm Cox, | } | declare to the grand jury wt they |
| Richard Elliott, | } | know about the Burgulary Henry |
| Darby Bryan. | } | Thomassen is Charged with. |
It is interesting to observe that on the 13th day of the November following, in the first year of "the Reigne of our Sovereignee Lord James the Second of England, Scotland, France, and Ireland," etc., the "sherriff" having apparently made good "persuits" of Thomassen and effected his capture, the latter was brought to the bar and duly charged:
"For that he not haveing the feare of God before his eyes, but being Lead by the instigation of the divell ... by force and armes the Cellar belonging to and being parte of the dwelling house of William Cox of the Citty of New-Yorke merchant in the night Season, To Witt, between or about the houres of tenn or Eleven of the Clock ... feloniously and burgularly did breake and into the same did Enter with an intent to steale and spoile the goods and Chattles of the said William Cox contrary to the peace of our said sovereigne Lord the King his Crowne and dignity."
Having pleaded not guilty and put himself upon the county a jury was empanelled who swore:
"That the said Henry Thomassen is guilty of the feleony and burgularly aforesaid in the said inditement above specifyed in manner and forme as above against him is supposed, Therefore it is considered by the Court, that the aforesaid Henry Thomassen be branded on the forehead with the Letter B, and be whipped on the bare back eleven Stripes on the fourteenth day of November instant in the morning by Eleven of the Clock, before the City Hall and pay all costs and charges of prosecution."
The oath of the grand jurors, their general procedure, and the form of indictment are practically the same up to the present day.
To appreciate fully just what part the grand jury plays in the administration of criminal justice the reader should remember that almost all defendants in criminal cases are brought immediately after their arrest before a police magistrate and given, if they so desire, an exhaustive hearing. If the magistrate thinks there is sufficient cause to believe the prisoner has committed the crime charged against him he is held (if the crime be a felony or a libel) for the action of the grand jury, or if it be a misdemeanor, for whatever court tries such offences,—in New York County the Court of Special Sessions. Of course it is the privilege of the defendant to be admitted to bail, save where the charge is one of murder, until the proceedings against him result either in his final discharge or his indictment, and, as has been said before, once he is held for the grand jury he cannot, even if he be a self-confessed criminal, be tried or punished until that body has deliberated upon his case.