| Chap. 185. |
Sessions.
' the Bar, who being there say, Look upon him, my Masters of the Jury;
' how say you, is A. B. guilty of the Felony (or as the case is)
' whereof he stands indicted, or not guilty? If they say Not Guilty,
' bid him down upon his Knees. If they say Guilty, record it, and
bid
' him be taken away. Then say,, Gaoler, set C. D. to the Bar,
&c. and
' do as before. And when the Verdict be given, say, My Masters of
the
' Jury, hearken to the Verdict as the Court hath recorded it; you say
' A. B. is not guilty of the Felony whereof he stands indicted;
you say
' that C. D. is guilty of the Felony whereof he stands Indicted;
and so
' onwards for the rest mutatis mutandis. |
517 |
|
' Then make a Proclamation and say, All manner of
persons keep silence
' whilst Sentence is giving, upon pain of Imprisonment. Then
' set the first Prisoner to the Bar, and give the Sentence; and so for
the
' rest. |
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' I have been the more particular herein, to shew
the great care and solemnity
' the Law hath in the trial of mans Life. |
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' And upon trials of this nature, Council is not
to be allowed to the
' party, unless he can shew to the Court some matter of Law, so that
it
' may appear Council is necessary: but otherwise the Court is to
be of
' Council with the Prisoner, and ought to advise him for his good, and
' ought not to take advantages too strictly against him. The Court
may
' also receive information from any by-stander, especially a Man of
Law,
' who may offer any thing as amicus Curiæ, relating to the
trial or manner
' of it. |
§. 11.
Council. |
|
' No Witnesses are to be produced and examined upon
Oath against the
' King, but the Prisoner may offer what Witnesses he pleases, and they
' shall be examined, but not upon Oath; but ought to be seriously admonished
' to speak the truth as if they were upon Oath. |
§. 12.
Witnesses. |
See Rols
2 part of
Abridgment
p.
96. |
' Although I know it is in many places used to try
a Man for Felony the
' same Sessions the Indictment is found; yet it seems to me highly reasonable
' (if the Prisoner desire it) to be deferred, and shew cause for it
that
' shall be probable, to defer it; for that, 1. The Sessions are holden
oftner
' than the Assizes: 2. These speedy Trials seem to be in favour
of
' the Prisoner: and, Violenti non fit injuria: 3.
If a traverse upon an
' Indictment of Nusance be not triable the same Sessions that it is joyned
' upon an Indictment of Nusance or other matter, not valuable with a
' mans Life or Estate, but a man shall have time to provide for it; much
' more in matter of Life, where usually the party is in prison, and may
' well be supposed less able to provide for it, and in the nature of it
requires
' greater provision and consideration. |
§. 13.
Trial the
same Sessions. |
|
' Many things (according to the Rules and Reason
of the Common
' Law) cannot, or ought not, be done by the Justices of the Peace but
' at their Sessions; for that the exercising of their great Authority doth
' require a Court and publick Meeting for the doing thereof; and by
' the holding such a Court doth arise out of the Authority given them
' by their Commission for the due execution of it: for the Law requires,
' that things of great import be solemnly done, as the matters of Trial
' of Offenders. |
§. 14. |
|
' Many things there be, that by several statutes
yet in force cannot
' be executed but only in the Sessions after Easter, or some other particular
' Sessions; as the taking the Accounts of the Treasurers for
' maimed Souldiers and Charitable Uses, and the appointing new Treasurers,
' by the Statutes of 43 El. 3. and 43 El. 2. as it seemeth,
must be
' done in Easter Sessions. And so also must the Rates of wages by
the |
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