Advice to Grand Jurors in Cases of Blood.

A scarce work advocating for grand juries to always indict for murder rather than manslaughter in 'cases of blood', leaving mitigating circumstances for the trial jury to consider. Babington's reasoning was that grand juries should not determine matters of fact, which should be left to the trial jury alone, where both sides of the case could be heard.

The grand jury — at the time a body of twelve free men empowered to indict offenders for felonies but not to judge their guilt — was established under Henry II by the Assize of Clarendon in 1166. Trial was still held by ordeal in England until 1215, after which the grand jury also determined guilt before trial by jury was separated out in 1351.

Second edition; 8vo (18 x 11.5 cm); woodcut initials and headpieces, contemporary ownership inscription in pen to A3 head margin, later inscription to front blank recto, spotting to title and last ff of text, and occasionally throughout; contemporary sheep, covers ruled in blind, rebacked and re-cornered in calf, spine lettered in gilt, slightly rubbed, new endpapers; [32],216, [2]pp.