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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

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reprives formerly left in the Goale and then the rest in order leaving a reasonable distance betwixt every name and so also of all bailes for which he hath Recognizance returned in by the Justices And when any Indictment is found against any Prisoner and he arraigned thereupon he setteth down briefly his offence at the end of his name as for a Mare or the like and if the Prisoner put himself upon the Country then be writeth over his name Po. Se. And if he will not be tryed by the Country then he writeth over his name Stat. mutus and if the Prisoner continue obstinate and will not be tryed then he adpeth thereto Pen. fort Dur. And if if the Prisoner confesse the fact upon his arraignment then he writeth over his name Cogn And when a Prisoner is tryed and found guilty and had no goods he addeth unto the former words Po. se cul ca. nul And if the prisoner be found not guilty nor that he did flie then he addeth to the former words Po se non cul nec r. And if the Prisoner be found guilty of pettie Larceny then he writeth to the former words Po. se cul de parva felon va xd. flag And if the Prisoner be found guilty of a Felony wherein he may have benefit of Clergy and the Prisoner demand the same and can read then he addeth to the former words Po. se cul ca. nul pe li. le cre And if the Prisoner cannot read when his Book is allowed him then he addeth to the words Pe. li. sed not legit Jo. sus but if the offence whereof the Prisoner is found guilty be such as the benefit of Clergy cannot be allowed by Law then he writeth unto the former words Po. se cul ca. nul Ss. And against such Prisoners as ignoramus is found upon the Bill preferred against them he writeth in the Margent behind their names severally Ign. And the offence severally before their names as for a Gelding and the like and over his head Del. and over the names of such Prisoners as there are nothing against he writeth Del. and over such names as do not appear upon their Recognizance being called he writeth defalt And after such names as are to be sent to the house of Correction he writeth to be sent to the House of Correction or r. Dom. Correctionis for the better explanation hereof I have written this small form underneath if the Prisoner be twice indicted then the two offences after the name and the figure of 2 behind it Po. se cul ca. nul Ss. 2 Ss. md Johes Doo for a Mare for Lynnens Po. se cul ca. nul pe li. le cre Md. Ricus Roo for Heifers and Sheep Po. se cul ca. nul flag Thomas Denn for Lynnens the value of ten pence Po. se non cul nec r. Willus Fenn for six Oxen 3 Md. two Weathers for a Hog Ign. Adamus del Pye for Burglary Note that where he beginneth to enter his Bailes he writeth B in the Margent defalt Fransciscus Mye B. Stat. mut pen. fort dur Joes Trimtram for murder Po. se cul ca. nul pe li. sed non legit Jo. Sus. Md. Nichus Skillington for eight Ewes Sus. md Some other formes there be which as they arise are set down after the natures of the offences The Goal Book is full of examples and therfore I omit them here Also all orders made by the Court for continuance of any man in Prison or sending any to the house of Correction all Fines set upon any Prisoner for Trespasse all Defaults upon Recognizance to answer all orders for Attachments and other Warrants and all submissions of Recusants are usually recorded in the Goale Book and also Writs of good behaviour Callender Note also that he that keepeth the Goal Book having made perfect his Callender as the Verdicts are given he doth draw out into a sheet of Paper in the first place the names of such as are to suffer death under one title the names of such as are to have benefit of Clergy under another title such as are guilty of pettie Larcenie under another title such as are found not guilty under another title and such as are to be delivered by Proclamation against whom there is nothing in Court under the last title And under the first title such as stand mute if any be by themselves and in another place such as are to be sent to the house of Correction That Callender being made perfect and delivered to the Judge and he ready to give Judgment the Clerk of Assize causeth the Goaler to set all the Prisoners found guilty above pettie Larceny to the Bar and saith unto them thus You do remember that before this time you have been severally indicted for severall Felonies The form of calling the Prisoners to judgment and some of you for Murder by you done and committed upon your Indictments you have been arraigned and have severally pleaded not guilty and for your tryalls you have severally put your selves upon God and the Country which Country hath found you guilty what can you now say for your selves why according to Law you should not have Judgment to suffer death and then ask them by name severally What saiest thou A. B. c. Then if he claim his Clergy Clergy and may have it by Law the Ordinary must be called to shew him the Book and when he hath shewed it to him the Clerk of Assize must say legit ut clericus vel non If the Ordinary say legit then must the Prisoner be burned in the hand but if the Ordinary saith non legit the Prisoner must be executed When all have had benefit of Clergy which may have it by Law then doth the Judge after an exhortation made to the Prisoners that are to suffer death give Judgment and such Prisoners against whom no man prosecuteth and against whom ignoramus is found being proclaimed as aforesaid the Goaler is commanded to take away his Goal Then doth the Court send for the Grand Jury but you must note by the way that whilest the Court is in trying the Prisoners as aforesaid some one of the Clerks doth take a note of all the Recusants presented by Constables out of their presentements And doth make them into a bill of Indictment in forme of Law and doth send both it and the presentments to the Grand Jury and now if not afore at their coming in they deliver the same bill together with their presentments of other greivances and having so done they are usually discharged except extraordinarie busines alter it Proclaiming of Recusants If the Indictment against the Recusants be found then doth the Clerk of Assize cause the Crier to make a proclamation and then Reading the names and the Crier repeating them with their additions as they are in the indictment he concludes after the last name thus Being indicted at these
the Indictment as he did upon the arraignment and that done the Clerk of the Assizes must immediately say upon this Indictment he hath been arraigned upon his arraignment he hath pleaded not guilty and for his tryall hath put himself upon God and the Country which Country are you so that your charge is to enquire whether he be guilty of this Felony whereof he stands indicted or not guilty if you find him guilty you shall enquire what Lands Tenements Goods and Chattels he had at the time of the Felony committed or at any time sithence if you find him not guilty then shall you enquire if he did flye for it or not if you find that he did flye for it then you shall enquire what Goods or Chattels he had at the time when he did flye for it or at any time sithence if you find him not guilty nor that he flye for it say so and no more and hear your Evidence Then must the Clerk of Assize direct the Cryer to call the witnesses as they be subscribed to the Indictment Calling of witnesses That done the Judge heareth the witnesses for the King upon oath and for the Prisoner without oath and so they proceed to the next Prisoner as the Indictments are filed in order with this difference onely When the Clerk of Assize hath read over the Indictment as before he onely saith as followeth viz. Upon this Indictment he hath been arraigned upon his arraignment he hath pleaded not guilty and for his tryall he hath put himself upon God and his Country which Country you are so that your charge is to enquire whether he be guilty of this Felony whereof he stands indicted or not guilty and further to inquire of him as you had in charge to inquire of the first Prisoner and hear your Evidence And then call the witnesses upon that cause as they are subscribed to the Indictment After they are heard then if the Prisoner desires that any witnesses be heard for him they must be called also but they must speak without oath When that Prisoner hath done then they proceed to the next and so one after another till the Jury be fully charged Reading of Proclamations In the mean time as the Prisoners are upon their severall tryalls the Clerk that keepeth the Goale Book looketh out every examination of every Prisoner as his cause is in hearing and if it be Evidence for the King he readeth it to the Jury Bill of causes Also he maketh ready a Note of the Juries names and subscribeth the Prisoners names and their offences as they stand charged withall underneath the same and when the Jury is ready to go from the Bar he delivereth it unto them for their better direction and help of their memory to know who they have in charge When the Jury is gone from the Bar Sending for the grand Jury if there be not Indictments found enough to charge another Jury the Court doth send to the grand Jury to bring in some more Bills if they are ready and in the mean time or some other time when the Court is at leisure The Clerk of the Goal Book calleth the chief Constables to deliver in their Presentments Taking the Constables Presentments Which done the Court taketh the appearance of the grand Jury as aforesaid and proceedeth to the arraignment of Prisoners and tryalls of them as before is expressed untill all be done When the Jury of life and death are agreed Taking of the Verdict of the Jury of life and death and come to the Court to give their Verdict The Clerk of Assize must first call them by name and ask them if they be agreed of their Verdict and who shall say for them and call the first Prisoner to the Bar and bid him hold up his hand Then say to the Jury look upon the Prisoner you that be sworn what say you is he guilty of the Felony whereof he stands indicted or not guilty If they say guilty Then ask what Lands or Tenements Goods or Chattels had he at the time of the Felony committed or at any time sithence If they find any they must be Recorded but their common answer is none to our knowledge If the Jury say not guilty Then ask if he did flye for it or not if they find a flight it must be Recorded but their common answer is not to our knowledge And so must the Clerk of Assize proceed to every Prisoner particularly which the Jury hath in charge writing after the words Po. se over the severall names of the Prisoners Cul. or non cul as the Verdict is and then he must say to the Jury hearken to your Verdict as the Court recordeth it and then he repeateth it in this manner You say A.B. is guilty of the Felony whereof he stands indicted That C. D. is not guilty and so of the rest And then concludeth and so you say all And bid them put in their Bill of causes Memorand Tryall of Riotors and Trespassers that all Indictments upon Riots Trespasses and other misdemeanors under the degree of Felony the parties whereunto are either in Prison or bound to appear by Recognizance upon their appearance they must be tryed after the Felons And those that are found guilty the Judge imposeth a Fine upon them and other punishment as he findeth the nature of the offence After all the Indictments preferred to the grand Jury be returned into the Court or before if leisure permit Delivering of Prisoners by Proclamation the Clerk of the Goal calleth over all his bailes that are not formerly called upon their arraignments there being no Bills preferred against them and upon their appearance he acquainteth the Judge with who committed them and the reason thereof as it is expressed in the Recognizance and how no man cometh against them and likewise he peruseth the Goale Prisoners and Baile Prisoners against whom the Bills of Indictment are returned ignoramus and against whom there are no Indictments preferred and informeth the Judge of their cases and if no man cometh against them during the Assizes they are delivered by Proclamation as followeth Proclamation If any man can inform my Lords the Kings Justices the Kings Serjeant or the Kings Attorny of any Treason Murder Felony or any other misdemeanor committed or done by A. B. c. and name them all or any of them now Prisoners at the Bar let him come forth and he shall be heard the Prisoners stand upon their deliverance Forme of keeping the Goale Book Note that the Clerk that keepeth the Goal Book in the beginning of the Assizes setteth down in the Book first a note of the day when the Assizes is holden and the Judges name and Sheriffs name in a short compendious manner used for that purpose ut patet in libro Next unto that he setteth down the Prisoners names as they are returned by the Sheriff in the Calender beginning with the