516 |
Sessions.
' thereunto) thus, You good Men that are returned and impanelled,
' to try the Issue joyned between our Sovereign Lord the King
' and the prisoners at the Bar, answer to your Names. Which done,
' and they appearing a full Jury, make Proclamation thus; if any man
' can inform the Kings Attorny, or this Court, of any Treasons, Murders,
' Felonies, or other misdemeanors against A. B. &c. the Prisoners
' at the Bar, let them come forth, for the Prisoners stand upon their
' Deliverance. Then say to the Prisoners, You Prisoners at the Bar,
' the persons that you shall now hear called, are to pass upon your several
' Lives and Deaths; (or if it be Petit Larceny, are to pass on your
' Trial;) if you will challenge them, or any of them, you must challenge
' them as they come to the Book to be sworn, and before they be
' sworn. Then call the Foreman of the Jury, and say to him, Lay your
' Hand on the Book, and look upon the Prisoner; You shall well and
' truly try, and true deliverance make, between our Sovereign Lord the
' King and the prisoner or Prisoners at the Bar, whom you shall have
' in charge: you shall true Verdict give according to your Evidence.
' So help you God. Then call the second, and swear him in like manner,
' and so to 12; and neither more or less must be sworn. Then
' count them to 12 and say. You good Men that are sworn, you shall
' understand, that A. B. now Prisoner at the Bar stands indicted,
' for that he, or if more than one in one Indictment, that they, &c.
' And having recited the Indictment say, to which Indictment he hath
' pleaded Not Guilty, and for his trial hath put himself upon God and
' the Country, which Country you are; so that your charge is to
' inquire whether he be guilty of the Felony, or Petit Larceny, or Felony
' and Burglary, whereof he stands indicted, or not guilty: if you
' find him guilty, you shall inquire what Goods and Chattels he had
' at the time the said Felony and Petit Larceny was committed, or at
' any time since: or if it be for Felony, then what Goods and Chattels,
' Lands and Tenements, he had at the time of the said Felony committed,
' or at any time since. If you find him guilty, you shall inquire
' whether he did fly for it; if you find he fled for it, you shall inquire
' what Goods and Chattels he had at the time of such flight. If
' you find him not guilty, and that he did not fly for it, you shall say
so
' and no more; and so hear your Evidence. Then call the Witnesses,
' and swear them one by one thus; the Evidence that you shall give
' on the behalf of our Sovereign Lord the King against A. B. Prisoner
at
' the Bar, shall be the truth, the whole truth, and nothing but the truth.
' So help you God. And the Evidence being given, set another Prisoner
' to the Bar, and say, you shall likewise understand, that C. D.
stands
' likewise indicted before you this time, for that he, &c. (and so
recite
' the Indictment) for which he hath been arraigned, and hath pleaded
' thereto Not Guilty, and for his Trial hath put himself upon God and
' the Country, which Country you are; you are therefore to inquire
' of him as of your first prisoner, (that is, where the Offence is
of the
' same degree;) and so hear your Evidence, &c. After the Evidence
' given a Bailiff must be sworn to keep the Jury thus; You shall swear
' that you shall keep this Jury without Meat, Drink, Fire or Candle;
' you shall suffer not to speak to them, neither shall you speak to them
' your self, but only to ask them whether they are agreed. So help
' you God. |
Chap. 185. |