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judgement_n according_a law_n time_n 1,531 5 3.5321 3 false
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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

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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