Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	king_n	lord_n	sergeant_n	4,053	5	11.1212	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

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

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 By T. W. To which is Added An ancient Brief Tract of the Common Lawes of ENGLAND written in Latine LONDON Printed for Timothy Twyford and are to be sold at his Shop within the Inner Temple Gate 1660. TO THE READER THE Government of this Nation being now again happily brought into its ancient and right Course and that the Proceedings in Courts of Justice to be in the Kings name and in Latine and Court-hand the good old way I have for the Information and Direction of such Officers as are to be imployed for the dispatch of the businesses at the Assizes and were not well acquainted with the wayes and manner of Proceedings there in the time of the late King set forth and published this small Manuel wherein not onely the Clerk of Assize and other Associates may be fully furnished with instructions to discharge the Duties of the severall places But the Marshalls Cryers and other the Judges Officers may find all such Oaths and Words as are by them to be administred used both in the Crown court and Nisi Prius Court To which I have also added the way and manner of entring all Orders Pleas Verdicts and Judgments in either of the said Courts And I doubt not but it will give good satisfaction to such persons as have occasion to use such Instructions and be offensive to none Farewell The Clerk of the Assizes Judges and Marshalls and Cryers directions Being The manner and form of Proceedings at the Assizes and generall Goale-Delivery holden by his Majesties Justices according to the Law and custome of ENGLAND FIRST when the Court is set the Cryer must make three Proclamations Then the Clerk of Assize must cause him to say as followeth Viz. My Lords the Kings Justice straightly charge and command all manner of persons to keep silence and hear the Kings Majesties Commissions openly read upon pain of imprisonment Then must the Clark of the Assizes read 1 Patent of Assize 2 The Patent of Association 3 The Writ of Admittance 4 The Writ Si non omnes And then must say God save the King Essoines Then the Cryer must make one Proclamation and say If any man will be essoined in Assize of Novel disseisin Assize of Mortdauncester Certificate of Assize meis ultrum or Attaint let him come forth and he shall be heard Sheriffs returns of the summons of Assize Then the Cryer must make another Proclamation and say Sheriff of the County of L. return the Precepts and Writs of Assize and Nisi prius to thee directed and delivered upon pain and perill c. Then the Cryer must make another Proclamation and say All manner of Persons that have any Writs of Assize or Records of Nisi prius to be put into the Court put them in forthwith or none shall be received Then must the Cryer make another Proclamation and say All Justices of the Peace of our Soveraign Lord the King within the County of L. answer to your names at the first call The forme of calling the Justices and other Officers upon pain and perill that may fall thereon Then the Clerk of the Assize must name them as they are returned in the Callender and the Cryer must call them When they are called then must the Cryer say all Coroners of our Soveraign Lord the King within the County of L. answer to your names as you shall be called every man at the first call upon pain and perill that shall fall thereon Then they must be called as they are returned in the Callender When they are called then must be called all Stewards of Liberties of our Soveraign Lord the King c. by th ir names as they are returned After must be called the chief Constables as they are returned and after them the Bailiffs of the Hundreds as they are returned Giving unto them their stiles in the first place as all Stewards c. And when they are done all chief Constables c. And when they are done then all Bayliffs of Hundreds c. Then must the Cryer make a Proclamation and say My Lords the Kings Justices straightly charge and command all manner of persons to keep silence and hear the Kings Majesties Commissions of Oyer and Terminer and generall Goal-delivery to be openly read upon pain of imprisonment Then must the Clerk of the Assizes read the Commissions of Oyer and Terminer and generall Goal-delivery that done say God save the King Then must the Cryer make a Proclamation and say Calling for return of Inquisitions All Justices of Peace Coroners Stewards of Leets and Liberties and other Officers that have taken any Inquisitions Indictments or Recognizances whereby you have let any man to bayle put in your Records thereof forthwith that my Lords the Kings Justices may proceed Then must the Cryer make another Proclamation and say Form of calling the grand Jury You good men that be impannelled to enquire for our Soveraign Lord the King for the body of the County of L. answer to your names every man at the first call upon pain and peril that shall fall thereon Then the grand Jury must be called by name and when they have appeared they must be sworn by the Marshall The fore-man must lay his hand on the Book and then the Marshall gives the oath as followeth You as fore-man of this Inquest for the body of this County of L. you shall diligently inquire The oath of the grand Jury and a true presentment make of all such matters and things as shall be given you in charge the Kings Majesties Councell your fellowes and your own you shall keep secret you shall present no man for envy hatred or malice neither shall you leave any man unpresented for love fear favour or affection or hope of reward but you shall present things truly as they come to your knowledge according to the best of your understanding so God help you The rest of the grand Jury are sworn as followeth The same oath which your fore-man hath taken on his part you and every of you on your behalf shall well and truly observe and keep so help you God When the grand Jury is sworn the Cryer must make Proclamation and say Charge giving My Lords the Kings Justices straightly charge and command all persons to keep silence whilst the charge is in giving to the grand Jury upon pain of imprisonment When the charge is given the Cryer must make a Proclamation and say All manner of persons that have any Bills of Indictment to put unto the great Inquest put them into the Court first that my Lords the Kings Justices may peruse them or else they shall not be

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