Office at Westminster are preserved all the Counterfoils of the Tallies ranged by Months and Years and by that means easily found out to be joyned with their respective Stock or Tally There is also the chief Vsher of the Exchequer an Office of Inheritance four Vnder-Vshers a Marshal and six Messengers As to the Court of the Dutchy of Lancaster also kept at Westminster it concerns particularly the Revenue belonging to that Dutchy long since annexed to the Crown The chief Judge of this Court is the Chancellour of the Dutchy assisted by the Attorney of the same Next to whom is the Receiver General the Vice-Chancellor of the Dutchy the two Auditors the Clerk of the Dutchy and a Messenger CHAP. VII Of the Sheriffs and their two Courts called the County-Court and the Sheriffs Turn of Justices of Peace and their quarter-Quarter-Sessions with an Account of the Grand Jury of the Coroners Clerks of the Markets and their Courts FOR the Civil Government of Counties Cities Towns and Villages there are divers Officers to whom belong several Courts for the due Administration of Justice First in every County except Durham and Westmorland there is a Sheriff which is a yearly Office the Power whereof extends all over the County except such Cities and Towns as are Counties of themselves that is which have the Priviledge of Counties In Middlesex only there are two Sheriffs upon the account of London the Capital City of the Kingdom The Sheriffs were heretofore chosen as Knights of the Shire by the Suffrages of the People But now they are appointed by the King after this manner First the Judges nominate six fit Men of each County that is Knights or Esquires of good Estates Out of that Number three are chosen by the Privy Counsellors and the twelve Judges assembled in the Exchequer and there sworn in order to it And out of this Number the King himself chuses whom he thinks fit Heretofore the same Sheriff served many years together and to this day this Office is hereditary to the Cliffords in the County of Westmorland by Charter from King John The Sheriffs Office is both Ministerial and Judicial As Ministerial he is to execute the Kings Mandates and all Writs directed to him out of the Kings Courts to Impannel Juries to bring Causes and Criminals to Trial and to see the Sentences executed In short there is no Execution of the Law but by the Sheriff for by him all Suits begin and all Process served He is likewise to collect all publick Profit as Taxes Fines Distresses and Amerciaments into the Kings Exche quer or where-ever the King shall appoint and to make such Payments out of it as he shall have due Order for At the Assizes he is to wait on and gard the Itinerant Judges so long as they continue within the County As to the Judicial Part of his Office he holds by virtue thereof two several Courts the one called the County-Court and the other the Sheriffs Turn The County-Court is held every Month by the Sheriff himself or his Deputy the Vnder Sheriff wherein he hears and determines Civil Causes of the County under 40 shillings which anciently was a considerable Sum. But this is no Court of Record The Sheriffs Turn is held twice a Year viz. within a month after Easter and within a montâ— after Michaelmas In this Court he inquire of all Criminal Offences against the Common Law wherein he is not restrained by any Statute For all the Bishops Earls Barons and all such as have Hundreds of their own to be kept are exempted from the Jurisdiction of this Court. In short this is a Court of Record in all Things that belong to it 'T is the Kings Leet through all the County whereof the Sheriff is Judge this Court being incident to his Office The Justices of Peace anciently called Wardens or Gardians of the Peace are such amongst the Gentry and sometimes amongst the Clergy as are appointed by the Kings Commission to attend the Peace of the County where they dwell Their Original is from the first year of Edward the III but they were not called Justices till the 36th Year of his Reign Their Office is to call before them examine and commit to Prison Rioters wandering Rogues Thieves Murderers false Moneyers those that hold Conspiracies and almost all Delinquents that may occasion the Breach of Peace and Quiet to the Kings Subjects and to see them brought forth in due time to Trial. If any one Swears himself to be in danger of his Life upon the Threats of another he may bind him over to his good Behaviour and the Justice shall commit him to Prison unless the finds good Security for his good Behaviour during a Year and a Day Among the Justices of Peace the Number whereof is as His Majesty thinks fit there are some particularly called Justices of the Quorum from these Words in the Commission Quorum A.B. unum esse volumus As for Example Where a Commission is directed to seven Persons or any three of them Whereof A.B. and C.D. to be two these are said to be of the Quorum because the rest cannot proceed without them So that a Justice of Peace and Quorum is one without whom the rest of the Justices in some Cases cannot proceed Every Quarter or three Months the Justices of each County meet at the chief or Shire Town from whence this Court came to be called the Quarter Sessions Where the Grand Inquest or Jury of the County is summoned to appear who upon Oath are to inquire of Malefactors Rioters and suspected Persons The G and Jury do's commonly consist of 24 grave and substantial Gentlemen or some of the better sort or Yeomen chosen indifferently or at least ought so to be by the Sheriff out of the whole Shire to consider of all Bills of Inditement preferred to the Court. Which Bills they do either approve by Writing upon them Billa Vera or disallow by indorsing Ignoramus Presently upon the Allowance of a Bill the Party concerned is said to be Indited and is committed to Prison But what Bills are Disallowed are delivered to the Bench by whom they are forthwith cancelled or torn If the approved Bills touch Life and Death they are further referred to another Jury to be considered of because the Case is of such Importance but others of lighter moment are proceeded upon by fining the Delinquents without any more ado Unless the Party traverse the Inditement or challenge it for Insufficiency or remove the Cause to a higher Court by Certiorari in which two former Cases it is referred to another Jury and in the latter transmitted to a higher Court. In short the Trial is usually referred to the next Assizes when the Judges at Westminster go their Circuits Originally this Court seems to have been erected only for Matters touching the Peace but now it extends much further The Sheriff or his Under-Sheriff is bound to attend upon this Court with his Constables Bayliffs
the King's Court because the Authority thereof originally belongs to the Crown In short this Court first derived from the Sheriffs Turn is ordinarily Kept but twice a Year and that at certain times But there is another Court incident to every Mannor called Court-Baron because in ancient times every Lord of a Mannor was stiled Baron To this Court are all the Tenants Summoned that belong to the Mannor where part of the Tenants being Sworn make a Jury which is not called the Inquest but the Homage Here the Steward sits as Judge and directs the Jury to enquire of such Things as are proper for this Court. And these principally Inquire of Copy-holders and Free-holders that be dead since the last Court and bring in their Heirs and next Successors They likewise Inquire of any Incroachment or Intrusion of Tenants against the Lord or among themselves They also make Orders and Laws amongst themselves with a Penalty annexed for Transgressors payable to the Lord of the Mannor In short these Courts are of great Use for Men that are willing to be ordered by their Neighbours and who prefer their Quiet and Advantage in Husbandry to the Trouble and Charges of Law-Suits Otherwise either Party may procure a Writ out of a higher Court to remove the Plea to Westminster Courts-Baron may be held every three Weeks or at any longer time according to the Lords pleasure I conclude with Constables called in some Places Headboroughs and in others Tithing-men whose Office is only Ministerial These Men says Sir Thomas Smith were formerly called Custodes Pacis or Guardians of the Peace and were in much greater esteem than they be now whose Power and Authority he supposes to have been equal with that of the present Justices of Peace Lambert looks upon this Office as a Stream of that great Dignity lodged in the Lord High Constable of England Out of this high Magistracy says he were drawn those lower Constables which we call Constables of Hundreds and Franchises First ordained by the Statute of Winchester 13 Ed. I. which appoints for the Conservation of the Peace and view of Armour two Constables in every Hundred and Franchise called in Latine Constabularii Capitales in English High Constables And by reason of the Increase both of People and Offences others were made in process of time called Petty Constables which are of like Nature but of inferiour Authority to the other The Office of a Constable is properly to apprehend such as break the Peace and common Malefactors and even Persons suspected of any Crime upon a Charge given them or a Warrant for it from a Justice For a Badge of his Authority he carries a long Staff painted with the King's Arms and for a Surprise sometimes he uses a short Staff which he hides till he thinks it convenient to produce it The Party apprehended he keeps in his Custody till he can bring him before a Justice of Peace who upon a strict Examination of the Fact and hearing of the Evidence commits the Party to Prison if he sees cause in order to his Trial. Upon which the Constable conducts him to Prison and there delivers him to the Goalers Custody with the Committimus directed by the Justice of Peace to the Jayler And the Party mustly in Prison till the Justices of Peace do meet either at their quarter-Quarter-Sessions or at their Goal-Delivery when the Prisoners are by Law either condemned or acquitâ—ed When he is upon Duty and about to apprehend one he may call his Neighbours to aid and whoever declines to give him assistance is liable by Law to Punishment In case of Theft Robbery or Murder in a Country Town or Village and the Malefactor be upon flight the Constable having notice of it is to raise the Parish in pursuit of him And this is called Hue and Cry If the Malefactor be not found in the Parish the Constable and his Assistants are to go to the next to get the Hue and Cry raised there by the Constable of it In this manner the Hue and Cry is carried from Parish to Parish till the Criminal be found And that Parish which does not do its Duty but gives way by its Negligence for the Malefactors Escape is not only to pay a Fine to the King but must repay to the Party robbed his Damages When the Malefactor is taken he is presently carried by the Constable or any other by whom he was apprehended to a Justice of Peace Who examines the Malefactor writes the Examination and if he do confess his Confession Then he binds the Party robbed or him that sueth together with the Constable and so many as can give Evidence against the Malefactor to appear at the next Sessions of Goal-Delivery there to give their Evidence for the King He binds them in a Recognizance of 10. 20. 30. 40. or 100. l. more or less according to his Discretion and the quality of the Crime Which being certified under his hand fails not to be levied upon Recognizance if they fail of being there Thus the Constables which formerly had much the same Authority as our modern Justices of Peace are now subservient to them upon all Occasions either to bring the Criminals before them or to carry them by their Command to the common Prison And accordingly this Office does commonly fall into the hands of Tradesmen and Artificers and Men of small experience and ability who hold it for a Year there being commonly two of them to each Parish chosen by the Vestry But the hardest part of their Office in London especially is their Watching a Nights and walking the Rounds in their several Parishes But then they have the chief Command of the Watch and because seldom a greater Power appears abroad at that time therefore a Constable came to be called the King of the Night CHAP. IX Of the Assizes BEsides the publick Justice administred at four times of the Year in Westminster both for Civil and Criminal Causes the Twelve Judges take twice a Year a Progress in the Country and exercise their Judicial Power in the several Counties the King is pleased to appoint them for The Times of the Year fixt for it are presently after the end of Hilary-Term and after the end of Trinity Term that being called the Lent and this the Summer Assizes In relation to which England is divided into Six Parts called Circuits Viz. 1. Home-Circuit Comprehending Essex Hartford Sussex Surrey Kent 2. Norfolk Circuit Comprehending Bucks Bedford Huntington Cambridge Norfolk Suffolk 3. Midland Circuit Comprehending Warwick Leicester Derby Nottingham Lincoln Rutland Northampton 4. Oxford Circuit Comprehending Berks Oxon Glocester Monmouth Hereford Salop Stafford Worcester 5. Western Circuit Comprehending Southampton Wilts Dorset Somerset Cornwal Devon 6. Northern Circuit Comprehending York Durham Northumberland Cumberland Westmorland Lancaster Besides the two Circuits for Wales viz. North and South Wales for each of which two Sergeants at Law are appointed Now these Courts are called Assizes and the Judges
87 90 Thorne in Yorks 259 Thorney an Isle about Hamps 98 Thorney a Sussex-Island 225 Thrapston in Northa 159 160 Thryn a River 151 Tickhill in Yorks 252 Tideswal in Derb. 57 Tine a River 12 Tiverton in Dev. 61 64 Tone a River 189 Tor a River 189 Torridge a River 59 Torrington in Dev. 61. 63 Totness in Dev. 61 63 Towcester in Northa 159 161 The Tower in Lond. 286 The great Trade of Lon. 334 Tregny in Cornwal 43 Trent a River 11 Tringe in Hartf 100 A Trophy in Cornwal 42 A Trophy in Cumb. 47 Troubridge in Wilts 246 247 Truro in Cornwal 43 44 Tudbury in Staff 200 Tuddington in Bedf. 27 Tun a Kentish River 110 Tunbridge in Kent 112 115 Tuxford in Notting 175 Twede a River 12 V. VAntage in Barks 23 Vice-Chan of Ox. 318 Vice-Chan of Camb. 353 Vlles Water in Cumb. 47 Vlverston in Lanc. 126 129 Vppingham in Rutl. 183 Vpâ—on in Worc. 253 254. Vsk in Monm 148 149 Vsk a River 147 Vtoxeter in Staff 200 Vxbridge in Middl. 144 145 W WAkefield in Yorks 259 264 Walden in Essex 81 83 Walderswick in Suff. 214 Wallingford in Barks 23 Walsall in Staff 200 201 Walsingham in Norf. 153 156 Waltham in Leic. 131 Waltham-Abbey in Essex 81 Wandesworth in Surrey 221 Wandsdike a Dike in Wilts 243 Warden in Kent 121 Ware in Hartf 100 101 Ware a River 75 Warfe a Yorksh River 256 Warham in Dors 67 70 Warington in Lanc. 127 128 Warminster in Wilts 246 248 Warwick 231 WARWICKSHIRE 230 Wash a River 182 The Watch at Lond. 333 Watford in Hartf 100 102 Watchet in Somers 192 194 Watlington in Oxf. 178 Watton in Norf. 153 Waveney a River 151 203 Wayborn-hope in Norf. 156 Waynfleet in Lanc. 136 140 Weatherby in Yorks 259 Webley in Heref. 104 Weever a River 36 Weland 153 158 Weller in Northum 159 161 Wellingborough in Northam 159 161 Wellington in Shrop. 186 Wells in Somers 191 Wem in Shrops 186.187 Wendover in Buck. 30 Wenlock in Shrops 186 187 Werminster See Warminster Westbury in Wiltsh 246 248 Westminster in Midl 276 331 Westminster-Hall 318 Westminster-School 317 WESTMORLAND 236 Westram in Kent 112 Wever a Hill in Staff 197 Wey a River 2â—6 Weymouth in Dors 67 68 Whinfield-forest in Westm 240 VVhitby in Yorks 259 269 Whitechurch in Hamps 95 96 Whitechurch in Shrop. 186 187 Whitehall in Westm 315 Whistable in Kent 117 Wickham in Buck. 30 31 Wickham in Suff. 214 Wickware in Gloc. 87 Wigan in Lanc. 126 128 â—lle of Wight part of Hampsh 96 Wighton in Yorks 258 Wigton in Cumb. 49 Willy a River 243 Wilton in Wilts 246 248 WILTSHIRE 242 Wimander See Winder Mere. Wimborn-Minster in Dors 67 71 Wincaunton in Som. 192 194 Winchcomb in Gloc. 87 Winchelsey in Sussex 225 228 Winchester in Hamps 93 Winder-mere in Lanc. 124 Windham in Norf. 153 Windrush a River 177 Windsor in Barks 23 24 Winslow in Buck. 30 Winterton in Norf. 156 Wirâ—sworth in Derbys 57 58 Wisbich in Cambr. 34 Witham a River 133 Witney in Oxf. 178 180 Wivescomb in Somers 192 Woburn in Bedf. 27 Wolverhamp in Staf. 200 201 VVoodbridge in Suff. 204 206 VVoodstock in Oxf. 178 VVoolwich in Kent 112 114 VVootton-Basset in Wilts 246 Worcester 252 WORCESTERSHIRE 251 Worksop in Notting 175 VVorsted in Norf. 153 VVotton in Gloc. 87 VVragby in Linc. 136 VVreak a River 130 VVrinton in Somers 192 Wrotham in Kent 112 Wye the name of several Rivers 85 103 112 147 Y Y Are a River 151 Yarmouth in Norf. 153 154 Yarmouth in the Isle of Wight 98 Yarum in Yorks 259 273 Yaxley in Huntingt 101 York 256 YORKSHIRE 255 Youre a Yorksh River 256 The Table FOR THE SECOND PART A ADmiral of Engl. P. 131 Almoner 172 Anabaptists 69 English Apparel 38 Apprentices 266 Archbishops 233 234 The Archbishop of Canterbury's Priviledges 242 Arch-Deacons 249 Arms of the King 93 B BAronets 223 Bartholomew Fair 42 Beacons 180 Besant 172 Bishops 232 Bp. of London and Durham 2â—â— Bp. of Winchester â—â—â— The Bps. Election 235 The Bps. Consecration 236 The Bps. Installation 238 The Bps. Priviledges 241 The Bps. Publick Works 2â—4 Suffragan Bps. â—â—â— C Lord CHamberlaâ—â— of Englaâ—â—â—â—â— Lord Chamberlainâ— of the Kingâ— Houshold â—54 Champion of 〈…〉 1â—9 Chancellou◠〈…〉 127 Chappel 〈◊〉 169 Characâ—â—◠〈…〉 King 141 Charâ—◠〈…〉 Queen 143 Câ—â—â—â—◠〈…〉 conâ—â—â—â—â—â—hem 265 〈…〉 when 〈◊〉 planted in â—â—gland 61 c. Church of England her Doctrine 65 Her Reformation 63 c. The Charge of Persecution against her groundless in a great measure 66 Church-wardens 257 Clergy 232 Their Priviledges 254 Their Number 255 The unhappy Prejudices of some of our Modern Clergy 256 Clerk of the Checque 165 Clerk of the Closet 174 Clerks Comptrollers 149 150 Clerks of the Green-Cloth ib. Clerks of Parishes 257 English Clubs or Societies 42 The great Conveniency of Coaches in England 46 Coffee much used by the English 37 Cofferer 149 150 Commissioners of the Admiralty 192 Commissioners of Appeal 203 Commodities exported 57 Commonalty of England 228 Their Priviledges 232 Companies of Merchants 53 Complexion of the English 3 Compting House 149 Comptroller of the Kings Houshold 149 English way of Computing 28 High Constable 131 Convention 139 Copy-holders 229 Coronation of the King 103 Court of the King 115 147 c. Court of the Queen 174 Coyns 49 Curates 253 Particular Customs of the English 43 Custom-House Officers 201 Custom-Revenue 200 D. S. DAvid's Day 45 Deacons 250 Deans 247 Defender of the Faith one of the King's Titles 92 Diet of the English 34 Dissenters their backwardness in point of Reunion 67 68 Divorce 264 Dominions of the King 84 c. Duke of Glocester 209 E ENsigns of Royalty 94 Esquires 225 Esquires of the Body 156 Exchequer and its Officers 203 c. Excise-Office 202 Exercises of the English 39 F. ROyal Family 121 Famous Men among the English 16 Feasting of the English 35 40 Fewel used in England 33 Fifth-monarchy Men see Millenarians Reflections upon the late Fleet 193 Foot-Gards 168 Free-helders 228 G. GArrisons in England 177 Genius of the Engl. 11 Gentlemen 226 Gentlemen of the Bed-chamber 155 Gentlemen Vshers 156 157 Gentlemen Pensioners 164 Gentlemen Harbingers 165 Gentry of England 223 English Government 73 Its Constitution 75 c. Popular Government contrary to the English Genius 83 Green Cloth 149 Groom of the Stole 155 Grooms of the Great Chamber 155 157 Groom Porter 157 Gun Powder Treason 41 H HEptarchy 74 75 Heralds 162 Hock-tide 43 Horse-gards 167 Horse-Granadiers 168 I. INdependents 69 Ireland how it became subject to England 87 c. Justices of Peace 69 Justices of Eyres Seat 99 K. KIng of England 84 The King of England King of the Sea 89 The King is the Fountain of Honour 99 The King of England receives great Respect from his Subjects 9â— The present King William's Descent 133 His Accession to the Throne 139 His Character 141 Kings of Arms 178 Knights of
thereof Justices of Assize from their Commission of Assize by vertue whereof they are to do Right upon Writs called Assizes and brought before them by such as are or pretend to be wrongfully thrust out of their Lands The Writs so called 1. Because they settle the Possession and so an outward Right in him that obtaineth by them 2. Because they were originally executed at a certain Time and Place formerly appointed 3. For that they are tried commonly by special Courts appointed for that purpose But besides this Commission there are four others by which these Itinerant Judges administer Justice in the Country As the Commission to take Nisi-prius directed to none but the Judges themselves and their Clerks of Assizes by which they are called Justices of Nisi prius Which is a common Adjournment of a Cause in the Common Pleas to put it off to such a Day Nisi prius Justiciarii venerint ad eas Partes ad capiendas Assisas from which Words Nisi prius the Writ came to be called a Writ of Nisi prius the Justices Justices of Nisi prius as well as Justices of Assize Yet there is this Difference that as Justices of Assize they have Power to give Judgement in a Cause whereas Justices of Nisi prius take only the Verdict Besides that those in a strict sense meddle only with the possessory Writs called Assize but these do deal in Causes both real and personal Another is a Commission of Peace in every County of the Circuit But the largest Commission of all is That of Oyer and Terminer directed to the Judges and many others of the best account in their Circuits but in this Commission the Judges of Assize are of the Quorum so as without them there can be no Proceedings This Commission gives them Power to judge of Treasons Murders and all manner of Felonies and Misdemeanors Lastly they have a Commission of Goal Delivery directed only to themselves and the Clerk of the Assize associate By which Commission they are to deal with every Prisoner in Goal for what Offence soever he be there Now these Courts are usually held at the principal Town of every County with great pomp splendour and feasting two Judges being appointed for every Circuit Then the Sheriff of the County is bound to attend in person with his Under-Officers the Clerks Stewards of Courts Bayliffs of Hundreds Constables Jaylors Sergeants or Beadles and a gallant Train of Servants in rich Liveries all riding on Horseback at the Reception of the Judges whom they wait on and guard so long as they continue in the County If the Sheriff cannot come himself he must depute one to fill up his Place who is to be allowed by the Judges The Justices of Peace are also to wait on the Judges And if either the Sheriff or they fail in this part of their Duty without lawful Impediment the Judges may set a Fine upon him or them at their pleasure and discretions The Dispatch of these Itinerant Judges in the Administration of Justice in their several Circuits is worthy our Observation For within each County all Controversies grown to Issue in the Courts at London are commonly determined here in two or three Days Which is done not as in forein Countries by the sole Arbitrement of the Judges but by a Jury of Twelve Men in each County chosen by the Sheriff thereof and only directed in point of Law by the Judges For every Trial by Assize be the Action civil or criminal publick or private personal or real is referred for the Fact to a Jury as it is in most Courts of the Common Law and as they find it so passeth the Judgement The Way of Trying Criminals in England being something singular and different from other Nations it will not be improper after that excellent and most ingenious Author Sir Thomas Smith to shew the Manner of it were it but for the satisfaction of Foreiners How Criminals are taken into Custody in order to their Trial and how the same are Indited at the Quarter-Sessions I have already shewed The Inditement is no definitive Sentence but only Praejudicium or the Opinion the Country has of the Malefactors Case Therefore Men are often Indited in their absence But no Man once Indicted can be delivered without an Arraignment for as a Jury of Twelve Men have given a Prejudice against him so Twelve again must acquit or condemn him At the Assizes the Judges sit either in the Town-house or in an open Place where a Tribunal is set up for Judgement The Judges sit in the middle the principal Justices of Peace on each side of them according to their Degree and the rest on a lower Bench before the Judges Seat Something lower a Table is set before them at which the Custos Rotulorum or Keeper of Writs the Under-Sheriff the Escheater and the Clerks do sit Near the Table there is a Bar for the Jury to come in when they are called and behind that space another Bar for the Prisoners to stand at who are brought thither in Chains Then the Cryer crieth and commandeth Silence One of the Judges makes a short Speech wherein he declares amongst other Things the cause of their coming His Speech is no sooner ended but the Prisoners are called in by Name and every one must answer to his Name Then the Keeper of the Writs produces the Inditements and the Judges name one or two or three of the Prisoners Indited to proceed upon their Trial. The Clerk bids one of them come to the Bar and hold up his hand Then he charges him with his Crime to which he bids him answer Guilty or Not Guilty If the Prisoner stands mute and will not answer after he has been once or twice so Interrogated which happens very seldom he is Judged Mute or Dumb by Contumacy the Punishment whereof is to be Pressed to Death of which more afterwards If the Prisoner cries Guilty which is but seldom too his Trial is over and all the Business is to pronounce Sentence upon him according to Law But the common Answer is Not Guilty though the Party be never so apparently Guilty and his Answer be perhaps contrary to his Confession of the Fact before the Justice of Peace by whom he was examined and committed The Reason is because he flatters himself that he may chance to come off for want of right Evidence For the Law of England is so tender of Mens Lives that unless the Evidences which are upon their Oaths be positive and clear against any Prisoner he may come off Upon the Prisoner's pleading Not Guilty the Clerk asketh him whether he will be Tried by God and the Country If he answer Yes the Clerk tells him he has been Indited of such a Crime c. That he has pleaded Not Guilty to it â—nd that being asked how he would be Tried he has answered by God and the Country Then he tells him of the Jury present that represent the
Country and if he has something to object against any of them he bids him take a view of them and speak for that he stands upon Life and Death Upon this the Jury is Sworn consisting of 12 Men at least And if the Prisoner be aâ— Stranger 't is a Party Jury consisting half oâ— Englishmen and half of Foreiners In case the Prisoner has no Exception to make against any of them by that time Twelve are Sworn these stand to give the Verdict Whereupon the Crier says aloud If any one can give Evidence or can say any thing against the Prisoner let him come now for he stands upon his Deliverance If none come in the Judge doth ask who sent him to Prison And if the Justice of Peace be present who did it he delivers up the Examination he took of him subscribed by those whom he has bound to give Evidence who for not appearing must pay their Recognizance In the mean time the Jury acquit the Prisoner tho he has confessed the Crime to the Justice of Peace But if they come in that are bound to give Evidence first the Justices Examination is read and then the Party robbed being present is sworn next to him the Constable and such as were with him at the taking of the Prisoner and at last as many more as are there to give Evidence Who are all set in a convenient place to see the Judges and Justices the Jury and the Prisoner so as to hear them and to be heard of them all The Judge after they be sworn asketh first the Party robbed if he know the Prisoner and bids him look upon him The Party robbed says Yes and upon that relates the Robbery with all its Circumstances But the Prisoner standing still upon the Negative those who were at the Taking of him or any other that can Evidence against him are heard one â—fter another The Prisoner on the other side is free to make what Defence he can And tho the â—â—ing be Party against him as one that has â—â—oke his Peace yet the Judges do freely hear what he can say for himself provided he keep within bounds But he is allowed no Council which in Civil and Pecuniary Matters is never denied be it for Land Rent Right â—or Possession tho he plead against the King When the Judge has heard them all he â—sks them if they can say any more Upon their silence he directs the Jury and bids them dischange their Consciences If the Case be plain they consult together without going from the Bar and if they do all agree the Fore-man of the Jury in the Name of himself and the rest pronounces the Prisoner Guilty If the Case requires a Debate they withdraw into a Room only with a Copy of the Inditement â—and there they are to remain by themselves till they be all agreed on the Verdict without bread drink meat or fire To which purpose there is a Bayliff appointed to watch them If but one of the Jury stands it out against the rest he must either bring them over to him or they must bring him over to them before they can stir out of the Room or have the least Refreshment in it So that it is in the power of one to make all the rest â—n a manner Prisoners and if he be obstitate to put them to Inconveniencies for want â—f Necessaries till he himself can bear with â—hem no longer When the Jury have agreed upon the Verâ—ict they give notice of it to the Bayliff and â—â—ay to be heard Then the Prisoner being sent for again to the Bar each one of the Jury is called in by his Name and he answer to it The Clerk asketh if they be agreed and who shall speak for them Which being answered the Prisoner is bidden to hold up his hand to whom the Clerk speaks in these Words Thou art Indited by the Name of A of such a Place c. and being Arraigned Thoâ— pleadest thereto Not Guilty being Asked how Thou wouldst be Tried Thou saidst By God and the Country These honest Men were given tâ— thee by God and thy Prince for thy Country Hearken what they say Then he asketh of the Jury What say you Is he Guilty or Noâ— Guilty The Fore-man makes answer 〈◊〉 one word Guilty or in two Not Guilty The first is Death to the Prisoner and the last Acquits him for neither the Judges nor the Justice can alter or reverse this Judgment Then the Clerk asketh what Lands or Chattels the Prisoner had at the time of the Felony committed Which is commonly answered by the Jury with an Ignoramus But the Sheriff and the Escheator are diligent enough to find it out both for the Princes and their own Advantage Upon this the Judge doth ask the Prisoneâ— Convicted what he can say for himself why Sentence should not pass upon him If he caâ— read never so little he demands the Benefit of the Clergy an ancient Liberty of the Church which has been confirmed by divers Parliaments By vertue whereof one in Orders arraigned of Felony by a Secular Judge might pray his Clergy which was as much as if he prayed to be delivered to his Ordinary to purge himself of the Offence objected But the ancient Course of the Law in this point of Clergy is much altered so that Lay-men have been made capable of this Benefit in many Cases As in Theft of Oxen Sheep Mony and other Things not forcibly taken to the terrour of the Owner So favourable is our Law that for the first Fault the Felon shall be admitted to his Clergy In order to which the Bishop sends a Clergy-man with a Commission under his Seal to be Judge in that matter at every Goal-Delivery If the Prisoner demands to be admitted to his Book the Judge commonly gives him a Psalter and turns to what place he pleases The Prisoner reads as well as he can and it happens most times but sadly Then the Judge asketh of the Bishops Commissary Legit ut Clericus To which the Commissary must answer Legit or Non legit for these be the formal Words and our Men of Law are the most precise in their Forms If he say Legit the Judge proceeds no further to Sentence of Death But if he say Non legit the Sentence follows either that Day or the next in these Words Thou A. hast been Indited of such a Felony and therefore Arraigned Thou hast pleaded Not Guilty and put thy self upon God and thy Country They have found thee Guilty and Thou hast noâ—hing to say for thy self The Law is that Thou halt return to the Place from whence thou camest â—nd from thence Thou shalt go to the Place of Execution where Thou shalt Hang by the Neck â—ill Thou be dead Whereupon he charges the â—heriff with the Execution But he that â—â—aimeth his Clergy in Cases where it is adâ—itted is in the presence of the Judges burnt 〈◊〉 the brawn of his Hand with a hot Iron marked with