Grand jury. Common jury. Calendar of prisoners. Panel of jurors of nisi prius. (1) [* 180] The sheriff's cept at ses. sions. (1) of Oxford, summoned to be and appear before his majesty's Sir A. B. baronet, E. F. esq. &c. Names of the coroners. C. H. I. K. L. M. O. P. Names of the stewards or bailiffs of every lib berty or fran chise. A. B. steward of the liberty of E-, C. D. bailiff of the liberty of F. Et sic de cæteris. Names of the bailiffs of the hundred of O. R. S. bailiff of the hundred of R, T. V. bailiff of the hundred of C―, and name the other bailiffs. Then, on a separate piece of paper, put the names of the grand jury until they be sworn, and when they are sworn, ingross them on parchment, and deliver the same to the clerk of the assize, to be annexed to the precept thus: Oxfordshire, (to wit.) The names of the grand jury to enquire for our sovereign lord the king and the body of the said county. [Here insert their names underneath and the hundred they live in.] Also, on a separate piece of parchment, ingross the names of the jury who are to try between the king and the prisoners, and at the foot thereof add the several bailiffs' names who gave them notice. Oxfordshire, (to wit.) The names of the jury to try between our sovereign lord the king and the prisoners. [Here insert the names, and at the end of each put the sheriff's name.] Oxfordshire, (to wit.) The calendar of all the prisoners being in the gaol of the said county, together with their attachments, indictments, and all other minuments any way concerning the said prisoners. Oxfordshire, (to wit.) The names of the jury, between, &c. (insert the bailiffs that summoned them) to which is added, issues upon* each of them, 40s.; also to make tickets of those names and hundreds, with the jury's addition of trade, being an exact copy of the panel upon strong paper, to put in the jury-box, &c. The execution of this precept appears in certain panels return to pre- hereunto annexed. I further certify that I have given notice to all coroners, keepers of gaols and houses of correction, high constables, and bailiffs of liberties within my county, to be and appear at the time and place within mentioned, to do and perform, &c. and have caused to be proclaimed (1) Imp. Off. Sher. 358. () See ante 1 vol. 310, Imp. Off. Sher. 251. through my county, in proper places, the sessions within mentioned. The answer of Then, on a piece of parchment, write the names of the jurors to inquire for our lord the king, &c. thus: The names of the jurors to inquire The names of the jurors to try sessions. The sheriff is to provide and make ready a fit and decent Sheriff's place for the justices of the peace to hold their general quar-duty as to ter sessions. And the sheriff is to convey such offenders to the gaol, at the appointment of the justices of the peace. He, or his under-sheriff, ought also to attend the justices, at their general sessions of the peace, to return the precept and to take charge of prisoners, and to serve the court otherwise, as he hath in charge by the mandamus that is mentioned in the commission of the peace; the other, because the sheriff hath also care and charge of the peace, and so is there to object against such persons as shall be committed by him. Dalt. 372. The sheriff, upon receipt of the precept of any two justices, (one to be of the quorum,) is to summon the session of the peace, and to return a grand jury of twentyfour men before them or their fellow justices, at a certain day and place appointed; but such precept ought to bear teste fifteen days before the return, and ought to be forthwith delivered to the sheriff, that he may have sufficient time to proclaim the sessions, and to give notice to all stewards, constables, and bailiffs of hundreds and liberties, coroners, and other officers, to be present, and to do their duties at such day and place, and to proclaim in proper places, throughout his bailiwick, that such sessions will be holden at such day and place, and to attend there himself to do his duty. When the sheriff hath received the precept from the clerk of the peace, he must direct several warrants to the several bailiffs of hundreds, rapes, and liberties, containing in them the substance of the said precept,* to summon them to [* 181] appear at the sessions, &c. And if the sheriff shall make default of attendance at the sessions, the justices may fine or amerce them, 8 T. R. 615. All bailiffs and other ministers of liberties, ought also to attend, and must execute their process, 27 H. 8. c. 15. The justices out of sessions, as well as from their sessions, may in many cases direct their precepts, or warrants, and other process, to the sheriff, &c. and he shall execute the same. Ďalt. J. 373. "Brecon, (to wit.) Be it remembered that, at the great Record of sessions and gaol delivery of our lord the king, for the said fine imposed county, holden at Brecon, in the said county, on Saturday for non apupon sheriff (m) See Imp. Off. Sher. 3d Ed. 252. 8 T. R. 615, pearance (m) Extract of fine. (") [* 182] Proclama zes by crier at opening the 30th day of March, in the 39th year of the reign, &c. before George Hardinge and Abel Moysey, esquires, justices of our said lord the king of the great sessions of the said county, assigned to deliver the gaol of the county aforesaid of the prisoners therein being, and also to hear and determine divers felonies, &c. E. L. Loveden, high sheriff of the said county, is duly and solemnly called to appear and give his attendance at this same sessions, to do and perform those things which to his office do belong and appertain, and as by his majesty's writ in that behalf, to him directed and delivered, he is commanded; and the said E. L. Loveden, high sheriff as aforesaid, not accordingly appearing and attending at this same sessions, in obedience to his majesty's said writ, or otherwise to perform the said duties of his of fice, but contemptuously making default, therefore it is ordered that the said E. L. Loveden be fined, and he is accordingly by the court here fined and amerced in the sum of 100l. to be by him forfeited and paid to the use of our said lord the king, for such his contempt and default aforesaid. And it is further ordered that a levari do issue, under the seal of this court, to the coroners of the said county, or one of them, thereby commanding them, or one of them, to levy the said fine out of the goods and chattels, lands and tenements of the said E. L. Loveden." Breconshire, (to wit.) An extract of a fine set and imposed at the great sessions held at Brecon, in and for the said county, on Saturday the 30th day of March, in the year, &c. 1799, before George Hardinge and Abel Moysey, esquires, justices, &c. "Samuel Price and John Williams, esquires, coroners of the said county. "E. L. Loveden, esq. high sheriff of the said county, because he came not in his proper person to do and perform those things which to his office belonged, as by his majesty's writ of summons to him directed and delivered he was required, therefore he is in mercy, and his fine is set at 100/. (Signed) "Wilkes, prothonotary and clerk of the crown." Oyez! Oyez! Oyez! My lords the king's justices do tion at assi- strictly charge and command all manner of persons to keep silence while his majesty's commissions (at Lancaster, say, "his majesty's letters patent") of assize and nisi prius, oyer keep silence, and terminer, and general gaol delivery for this county &c. (0) H. are openly read, upon pain of imprisonment. of court to The like at sessions. (p) of Oyez! Oyez! Oyez! The king's justices do strictly charge and command all manner of persons to keep silence, (n) 8 Term Rep. 616. This extract of the fine was returned with the record. C. 6. 479. (P) Ante 1 vol. 312. Dick. Sess. 106. Williams, J. Sessions. (0) Ante 1 vol. 313. Cro. C. Burn, J. Sessions. while the king's commission of the peace for this county of M. is openly read, upon pain of imprisonment. Then the commission is accordingly read, and the king's proclamation. See Dick. Sess. 106. riff's return After the commissions have been read, the crier says to Crier's de the Sheriff," Oyez. Sheriff of the county of A. return mand of shethe several precepts and writs of assize and nisi prius to you of precepts. directed, returnable here this day, that my lords the king's justices may proceed thereon ;" which the sheriff does accordingly. S (9) nomina mini the peace. Oyez. All justices of the peace for this county of A. an- Clerk of asswer to your names, and save your fines. [But for York-sizes call of shire, say, east riding, west riding, or north riding.] strorum, or Oyez. All mayors of corporations and boroughs within justices of this county, answer to your names and save your fines. Oyez. All coroners of our sovereign lord the king, for and other of this county, answer to your names and save your fines. Oyez. All stewards of leets and liberties within this county, answer to your names and save your fines. Oyez. All chief constables of hundreds and liberties within this county, answer to your names and save your fines. Oyez. All bailiffs of hundreds and liberties within this county, answer to your names and save your fines. ficers (r) Oyez. You good men that are returned to enquire for Crier's call our sovereign lord the king and the body of this county of of the grand A. answer to your names and save fines. your Then the crier calls them by their names with their additions; and if any one does not appear upon second calling, he says, " or you lose one hundred shillings in issue." jury. () [* 183] My lord, or sir, [ as the foreman's title or name may be] Oath of fore you, as foreman of this grand inquest for the body of this man of grand county of A shall diligently inquire and true presentment jury at assi make of all such matters and things as shall be given you in zes. () charge the king's counsel, your fellows' and your own, you shall keep secret: you shall present no one for envy, hatred, or malice; neither shall you leave any one unpresented for fear, favour, or affection, gain, reward, or hope thereof; but you shall present all things truly as they come to your knowledge, according to the best of your understanding: so help you God. The same oath foreman hath taken on his your part, you Oath of the rest of the and every of you shall truly observe and keep on your party (1) so help you God. Oath of the foreman of You, as foreman on this inquest, shall diligently inquire and true presentment make of all such matters and things as grand jury at sessions. (a) shall be given you in charge. The king's counsel, your fellows', 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 fear, favour, or affection, or hope of reward; but you shall present all things truly as they come to your knowledge, according to the best of your understanding: so help you God. Oath of the other jury. men. (w) Proclama. tion at assi zes for si. The same oath which your foreman hath taken on his part, you and every of you shall well and truly observe and keep on your parts: so help you God. Then the marshal or crier swears them; and after all are sworn, the crier counts them, and makes this proclamation, viz. Oyez. My lords the king's justices do strictly charge and command all manner of persons to keep silence whilst his lence whilst majesty's proclamation against profaneness and immorality reading pro- be openly read, upon pain of imprisonment, [which is then against pro- read.] clamation Proclama faneness. (x) Oyez. My lords the king's justices do strictly charge and command all manner of persons to keep silence whilst the tion at assi- charge is given to the grand inquest, upon pain of imprison zes for si. lence before ment. charge given to grand jury. (y) Proclama. Oyez. All justices of the peace, mayors, coroners, stewtion at assi-ards of leets and liberties, and other officers that have taken zes for justi- any inquisition* or recognizance, let them deliver them into court forthwith, that my lords the king's justices may proceed thereon. ces, coro ners, &c. to deliver in quisitions and recognizances taken by them. (z) Proclama- Oyez. All manner of persons that are bound by recognition at assi- zance to prefer any bills of indictment against any prisoners zes for perin the gaol of this county, or others, let them come forth sons under recognizance and prosecute, (or go to the clerk of indictment's lodgings, and get the same forthwith drawn up by him,) that my lords and prose the king's justices may proceed thereon, or they will forfeit [184] their recognizances. to appear cute. (a) Cali of parti. A. B. come forth and prosecute and give evidence against lar prosecu. C. D. or you forfeit your recognizance. tor to appear, A. B. of the parish of -, come forth, save you and Calling per- your bail, or you forfeit your recognizance. &c. (b) sons out up. on bail at assizes. (c) (u) Dick. Sess. 113, 4. Williams, J. Sessions, ante 1 vol. 312. (w) Dick. Sess. 114. Williams, J. Sessions, ante 1 vol. 312. (x) See ante 1 vol. 313, and Cro. C. C. 8th Ed. 480. Dick. Sess. 106, 7. (y) See ante 1 vol. 314. Cro. C. C. 8th Ed. 7, 481. (x) Ante 1 vol. 314. Cro. C. C. 7. (a) Ante 1 vol. 314. Cro. C. C. 8th Ed. 481. (b) Ante 1 vol. 314. Cro. C. C. 8th Ed. 481. (c) Cro. C. C. 8th Ed. 482. |