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law_n common_a england_n king_n 8,307 5 3.8915 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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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