lxxvi PRINCE GEORGES COUNTY

In those instances in which presentments or bills of indictment drawn up by the
clerk of the indictments were employed, it seems probable, although not apparent
from the Liber, that these "prepared bills" were drawn up in consultation with
witnesses before being sent to the grand jury. Dalton in describing sessions practice
states that, after all jurors are sworn, the recognizances are called "especially such
as are to prosecute and give Evidence, that so Bills may be drawn and prepared."
The bills being ready, "the parties bound over for that purpose are sworn to give
Evidence upon the Bills," and then sent out with the jury.19 The fact that several
bills were returned endorsed ignoramus indicates that they were not put "in form"
after the grand jurors had voted. In the Provincial Court and in some counties en-
tries are found that presentments were brought in and applications made to the
court that the form might be amended "not altering substance."

The grand jurors after considering each presentment or bill would either find
it or not find it, in the language of Dalton, "as the Evidence appears to them
credible or sufficient, or otherwise." 20 Neither the Liber nor the laws of the
province shed much light on the actual proceedings before the grand jury. On
the back of each presentment or bill the foreman would endorse "Billa Vera" or
"Ignoramus" or, in some cases, "presentment found by us the Grand Jury of Prince
Georges County". 21

After, in the words of the Liber, "some Small time" the grand jury would re-
turn with their presentments. In most cases the grand jurors found a true bill.
When bills were returned endorsed ignoramus, they were usually marked "dismist"
in the Liber, apparently it was not customary to clear or discharge by proclamation.
The disposition of the presentment of Matthew Mockeboy for stealing goods and
money upon which the grand jurors refused to return a true bill, has been noted
earlier.

It was not until after the close of Liber A that the court ordered that when any
indictment was brought down by a grand jury against any person, it should be de-
livered to the clerk of the court so that it might be entered in the minute books in
order that a record might be made thereof before it was delivered to the clerk of
the indictments. Later, the court also ordered that the clerk of the indictments
have copies of all bills found by the grand jury and that such bills be filed by said
clerk at least fourteen days before the next court after the bills of presentment
were found so that copies might be had for purposes of defending. 22

Process and Trial

In the event a true bill was returned, the court in a number of instances ordered
that a venire facias go forth for the offender to appear at the next court to answer.
In other cases, the fact of issuance of a venire facias appears in the docket set forth
in the Liber at the start of the next court but there is no court order entered for
its issuance. (Usually the notation "summoned" appears in the margin indicating
service by the sheriff.) In still other cases, it appears that a venire facias had al-
ready issued, presumably at the instance of the clerk of the indictments, returnable
at the court at which the true bill was found. Lastly, following the return of a
true bill the court might command the sheriff to bring the defendant before it—
this entailed use of a capias or a bench warrant. Such an order might be made
by the court prior to the presentment or an alleged offender might be compelled

19. The Countrey Justice 534.

20. Id. 534-35.

21. Cf. the use of the phrases "found presentable" or "worthy of presenting" by grand juries
in Baltimore County Court. BCCP, Liber G, No. 1, 265-66, 476, 481.

22. PGC/, Liber B, 108, 154a.