Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	challenge_n	clerk_n	rank_a	12	3	16.2858	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A96102	The clerk of assize, judges-marshall, and cryer being the true manner and form of the proceedings at the assizes and generall goale-delivery, both in the Crown Court, and Nisi Prius Court, and the right wayes of entering of all pleas, verdicts, judgments, and orders in either of the said courts. To which is added an ancient brief tract of the common lawes of England, written in Latine. / By T.W.	T. W.	1660 (1660)	Wing W113; Thomason E2139_3; ESTC R203975	24,153	77

Assizes for not coming to the Church by the space of one moneth or more as it is laid in the Indictment yeild your bodies to the Sheriff of this County so that he may have the same before the Kings Majesties Justices at the next Assizes and generall Goal-delivery to be holden for this County or else you and every of you shall be convicted of Recusancy according to the forme of the Statute in that case made and provided This being done the Judge having heard some Greivances as are complained of unto him concerning misdemeanors and the like The Cryer maketh three Proclamations to adjurne the Assizes And then saith Adjurning of the Assizes All manner of Persons that have here appeared before my Lords the Kings Justices at these Assizes and generall Goal-delivery may now depart in Gods peace and the Kings and keep your day here upon a new Summons and God save the King and so the Court riseth And note that if the Nisi prius are not ended they are adjurned over to that Court and when they have done they make this generall adjurnment Note also that at every rising of the Court it is adjorned over by Proclamation to such an houre in the afternoon or in the morning untill the Assizes be ended Note that where it is said the Cryer must say such and such words if he be not expert himself the Clerk of Assize must direct him Note also that all such persons against whom the Sheriff returneth Cepi Corpus upon any Writ of Assizes delivered unto him ought to be called in Court in convenient time if they appear not otherwise Note also that where it is said the Clerk of Assize must do such and such things they are usually done by the Associate for that side Note also that in calling the Justices of Peace Coroners Stewards of Liberties chief Constables and Bayliffs of Hundreds and grand Juries and other Juries their appearances are marked with â–  and their defaults left blanck in the Margent except the Judge set a Fine upon any of them for not appearing then that is set down in the Margent Note that such Clerks as make Indictments are in Action as long as occasion requireth about them and Writs of Restitution or to remove Prisoners c. but their imployment is of that nature that it cannot be here expressed Your Clerks imployment concerning making Subpoena's and taking appearances upon Presentments I suppose you sufficiently know and so have I done on the Goale side there are other observations which practise must make manifest The Proceedings on the Nisi Prius WHen the Court is set and Records and Writs put into the Court fit for tryall the Cryer must make a Proclamation and the Clerk must direct him to say You good men of the Nisi prius summoned to appear here this day Calling the Jury betwixt A B. Plaintiff and C. D. Defendant answer to your names every man at the first call and save your Issues Then must they be called by name with this conclusion thou loosest a mark in issues to every one of them And if a full Jury do not appear then call the defaults without addition and then if twelve do not appear say Vous avis nul inquest Calling the Defendant Then call the Defendant C. D. come forth or this Inquest shall be taken in thy default this must be done thrice if the Defendant appear not then must the Clerk write on the back of the Pannell per defalt Challenge Then the Clerk must say Plaintiffs garde vre Challenge and so call the Jury to the Book to be sworn and as they come to the Book the Marshall must swear them unlesse the Plaintiff challenge any of them which if he doth they must stand by till the rest be sworn to eleven more in ranck as they appear and then the Clerk must ask the Plaintiff why he challengeth such a man Then the Plaintiff shewing his cause if it be sufficient the verity shall be tryed by two other sworn upon the same Jury if they find the cause true then he shall be spared otherwise he shall be sworn If he be spared and there do not appear enough on the principall Pannell to make a full Jury then the Plaintiff must pray in tales de Circumstantibus Which being granted by the Judge Tales The Sheriff must return some names for that purpose such as are then within view of the Court. And then the Clerk must direct the Cryer to call them on this manner You good men of the Tales newly returned according to the form of the Statute answer to your names every man at the first call and save your Issues or upon pain and peril c. Then they appearing must be sworn with the other Jurors You shall well and truly try the Issue of this Nisi prius between the parties Their oath according to your Evidence so help you God And when they are sworn they must be counted and asked if they be all sworn and bid stand together and hear your charge Then must the Associate for that side read the Record Charge of the Jury on the Nisi prius and charge the Jury as the Record is what they are to inquire the certainty cannot be here expressed Then do the Councell on both sides open the Cause one after another the Plaintiffs Councell first if the proofe lye on his side otherwise the Defendants and produce such witnesses as do prove such matters as they alleadge c. In the interim doth the Clerk file the Writ Pannell and Record together Copy of the Issue And maketh a Copy of the Juries names and the Issue they are to try and when the Councell have done he delivereth it to the Jury and a Bayliff being sworn to keep them till they be agreed without meat drink c. they depart from the Bar and when they are agreed they return to give their Verdict Taking the Verdict Then doth the Clerk call them by their names and ask them if they be agreed of their Verdict and who shall say for them Then must the party be called thrice A. B. come forth or else thou loosest thy Writ of Nisi prius If he appear not then the Defendant must pay the Jury and the fees of the Court and have the nonsuit recorded But if the Plaintiff appear then the Clerk asketh the Jury What say you do you find for the Plaintiff or for the Defendant and what costs and damages according as the cause is and so be entreth it on the back of the Pannell and repeats it to the Jury Note that in all causes that come by Nisi prius betwixt party and party if the Jury appear not full the Prosecutor of the Record may have a Tales if he pray it Note also that if the Defendant appear not when he is called he looseth the benefit of his challenge to the Jurors but if he appear he may challenge them