Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	good_a	king_n	law_n	5,568	5	4.7787	4	true

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

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

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