| Chap. 185. |
Sessions.
' they consider of the matter of the Bill, and either find it or not
find
' it, as the Evidence appears to them credible and sufficient, or otherwise,
' and then they return it; but it may be very reasonable, if the
' matter be weighty or difficult, and the Jury be not very able, or
the
' Prosecution be too slack or over violent, to hear the Evidence given
' in Court, that so the Jury may be the better assisted in doing their
' Duty. |
515 |
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' Whilst the Juries be abroad, the usual way is
to hear Motions touching
' Settlements of poor persons, and other things relating thereunto;
' but it may not be best to discharge them until the end of the Sessions,
' for fear persons may come to prefer Bills against them, or to complain
' of them when the Birds are flown. |
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' And because the Arraignment and Trial of Prisoners
is a great part
' of the business of Sessions, I will take notice of some parts thereof,
and
' Proceedings thereupon. |
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' Towards the end of the Sessions, when it appears
what Bills are
' come in against the Prisoners, the Gaoler being called to make a bar,
that is,
' to dispose of the company that a way be made open from the Court to
' the Prisoners, that the Court, Jury and Prisoners may see each other;
' one of the Prisoners is called to: A. B. hold up they Hand;
(this is done
' to notifie him to the Court, the Jury and Standers by.) Thou A.
B.
' standest indicted by the name A. B. of, &c. (name him
as he is named
' in the Indictment, &c.) for that thou, or that thou with others,
' &c. (and so recite the whole Indictment in English; which done)
' How sayst thou A. B. art thou guilty of this Felony and Burglary,
or
' Felony and Robbery, or Felony and Murder, (as the case is) whereof
' thou standest indicted, or not guilty? If the Prisoner say Guilty,
' then the Confession is recorded, and no more done as to him till Judgment;
' but if he say Not Guilty, then the Clerk says, Culp. prist. (i.
e.
' Guilty already.) How wilt thou be tried? It is usual
to say, By God
' and the Country; but if the Prisoner stand Mute, and will not
' plead, 'tis best to ask him three or more times, and to tell him the
' danger of standing Mute, and the grievousness of the Judgment, de
' peine fort & dure: and if yet he will stand Mute,
nothing more can be
' done concerning him, but to record it. But if he plead Not Guilty,
' so record it; and in like manner all the rest of the Prisoners.
And if
' two, three, or more, they being called to severally, thus, You A.
B.
' hold up they Hand; you C. D. &c. and so of the rest.
Then say, You
' A. B. by the name of A. B. of, &c. and You C. D.
by the name of C. D.
' of, &c. and so the rest; for that you, &c. and so recite
the substance
' of the Indictment. Then call to them severally to plead, &c.
(The
' word Arraign cometh from the French word Arranger, ordine collocure,
' quia rei ordine vocantur ad Rostra seu Cancellos, quæ nos
Barram vocamus,
' saith Skinner.) Which done, the Prosecutors are called
on the Recognizances
' to give evidence; which done, the Jury are called on
' their Panel, (for a return cannot be made upon a Venire facias made
' the same Sessions, and a trial had thereupon in the same sessions, as
' is held 22 E. 4. Fitz. Coron. p. 44 & Stamf.
l. 3. c. 5. f. 156. in case of Justices
' of Peace in their Sessions; much less can they nominate or direct
' the immediate return of by-standers. But otherwise it is in
' case of the Justices of Gaol-delivery: therefore consider whether
a
' Trial can be had of a felon the same Sessions he pleads, unless he consent |
§. 10.
Arraignment. |
Y y 2
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