Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	deliver_v	life_n	lord_n	4,297	5	3.6280	3	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

received Calling of Prosecutors Then must be called the parties that are bound to prosecute by their Recognizances put in by the Justices that they may get their Bills made against the Prisoners and be sworn unto them by the Cryer and sent to the grand Jury to give Evidence All this for the most part is finished the first day in the forenoon And then the Court rising The Clerk of the Goal fileth up his Recognizances delivered in Court Filing of the Recognizances such as are to prosecute against offendors upon one file and such as are for appearance of offendors called bailes upon another file and all examinations taken before Justices of Peace upon a third file and taketh a little Note or Callender of them for the ready finding of them out as shall happen When the Court fitteth in the afternoon they send for the grand Jury who when they appear the Clerk of Assize calleth them by their names and demandeth of them if they be agreed of any Bills if they say yea the Clerk of the Assize bids them present them to the Court and upon the delivery of them he saith You are content the Court shall amend forme and false Latine altering matter of no substance in those Bills which you have found The grand Jury say yea and so they go together again Then doth the Clerk of the Assize file up the Bills which are found upon Filing the Bills the file with the Callender and Precept for summoning of the Assize formerly returned by the Sheriff and that being orderly done and the Jailor having brought his Prisoners to the Hall The Cryer maketh Proclamation and saith My Lords the Kings Justices straightly charge and command all persons to keep silence for now they will proceed upon the Pleas of the Crown to the arraignment of Prisoners upon life and death and that all persons that have any evidence to give against any of the Prisoners draw near and give your attendance upon forfeiting your Recognizances Then doth the Clerk of the Assize begin with his first inditement upon the file in order and biddeth the Jailor set the Prisoner named in that Indictment to the Bar If he be let to baile and not in the Goal then the Clerk causeth the Cryer to call him on this manner Calling of bailes A. B. come forth save thee and thy baile or else thou forfeitest thy Recognizance If he appear not then call the sureties on this manner J. W. and T. S. with their additions as they are written bring forth A. B. whom you undertook to have here this day or else you forfeit your Recognizance If he appears not then the Clerk of the Assizes passeth by that Indictment and calleth to the Goaler to set forth the Prisoner named in the next Indictment and when he is at the Bar the Clerk of the Assizes saith unto him as followeth Thou art here indicted by the name of J. S. for that thou c. and so read all the Indictment in English and then ask him what saiest thou art thou guilty of this murder or what it is for whereof thou stands indicted or not guilty if he saith not guilty Then the Clerk of the Assizes must ask him how wilt thou be tryed If he say by God and the Country Then must the Clerk of Assize say God send thee a good deliverance and write over his head in the Indictment Po. Se. So proceed to the next untill so many are arraigned as will serve for a petty Jury to passe upon If any Prisoner 〈…〉 arraignment confess hi● 〈…〉 must be written Confession over his head in the Indictment this Cogn and so he is set by till the time of giving Judgment If any Prisoner upon his Arraignment doth refuse to be tryed by his Country and yet plead non cul then must be written over his head in the Indictment these words Stat mutus and he must be set by till Judgment giving unless he plead to his Country in the interim When enough of Prisoners are arraigned to be tryed by a petty Jury then must the Clerk of Assize call to the Sheriff for a pannell of Jurors to try the Prisoners and then know of the Judge how many he will have tryed by that Jury Calling of the Jury of life and death Then he must call the Jury thus you good men that be impannelled to inquire between our Soveraign Lord the King the Prisoners at the Bar answer to your names every man at the first call upon pain and perill that shall fall thereon When the Jury hath appeared then must the Clerk of the Assize call the Prisoners to the Bar that shall be tryed by the Jury every man by his name and then say unto them Challenge allowed to the Prisoners These good men that were last called and have here appeared are those that shall passe between our Soveraign Lord the King and you upon your lives and your deaths that therefore you or any of you will challenge them or any of them you may challenge them as they come to the Book to be sworn before they be sworn and you shall be heard Then must the Cryer make a Proclamation and say If any man can inform my Lords the Kings Justices the Kings Serjeant Information for the King against the Prisoners or the Kings Attorny or this Inquest to be taken between our Soveraign Lord the King and the Prisoners at the Bar of any Treason Murder Felony or other Misdemeanor committed or done by the Prisoners at the Bar or any of them let them come forth and they shall be heard the Prisoners stand at the Bar upon their deliverance Then must the Clerk of Assize call the Jury to be sworn every man severally Note that every Juror must lay his hand on the Book and look towards the Prisoners Oath of the Jury of life and death and the Marshall must swear them all severally on this manner You shall well and truly try and true deliverance make between our Soveraign Lord the King and the Prisoners at the Bar whom you shall have in charge according to your Evidence so help you God Counting of the Iury. When they are all sworn the Clerk of Assize must cause the Cryer to count them as he reads their names and that done he must ask them whether they be all sworn or not if they say yea Then they must divide themselves at the Bar some on one side some on the other Then the Clerk of the Assizes must call the Prisoner named in the first Indictment upon the file as he hath pleaded in order to the Bar and bid him hold up his hand and then say to the Jury Look upon the Prisoner you that be sworn and hearken to his cause Charge of the Iury of life and death You shall understand that he stands indited by the name of c. as in the Indictment for that he c. and read

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