216 THE USE OF THE LAW. 



peace, who, before he committed him, took his examina 

 tion, and bound his accusers and witnesses to appear and 

 prosecute at the gaol delivery. This justice doth certify 

 these examinations and bonds, and thereupon the accuser 

 is called solemnly into the court, and when he appeareth 

 he is willed to prepare a bill of indictment against the pri 

 soner, and go with it to the grand jury, and give evidence 

 upon their oaths, he and the witnesses, which he doth ; and 

 then the grand jury write thereupon either billa vera, and 

 then the prisoner standeth indicted, or else ignoramus, and 

 The manner of then he is not touched. The grand jury deliver these bills 

 the proceedings ^ t j le i uc jo-es in their court, and so many as they find in- 



of the mstices j i /// i r ,1 ,1 



of circuits in dorsed oilla vera, they send for those prisoners, then is 



their circuits, every man s indictment put and read to him, and they ask 



him whether he be guilty or not. If he saith guilty, his 



The course now confession is recorded; if he say not guilty, then he is 



in use with the as k ec i now ne w in b e tried ; he answereth, by the country. 



execution^ 6 Then the sheriff is commanded to return the names of 



the commission twelve freeholders to the court, which freeholders be sworn 



oi gaol deli- ^o make true delivery between the king and the prisoner, 



and then the indictment is again read, and the witnesses 



sworn to speak their knowledge concerning the fact, and 



the prisoner is heard at large what defence he can make, 



and then the jury go together and consult. And after a 



while they come in with a verdict of guilty or not guilty, 



which verdict the judges do record accordingly. If any 



prisoner plead not guilty upon the indictment, and yet will 



not put himself to trial upon the jury (or stand mute), he 



shall be pressed. 



The judges, when many prisoners are in the gaol, do in 

 the end before they go peruse every one. Those that were 

 indicted by the grand jury, and found not guilty by the 

 select jury, they judge to be quitted, and so deliver them 

 out of the gaol. Those that are found guilty by both juries 

 they judge to death, and command the sheriff to see execu 

 tion done. Those that refuse trial by the country, or stand 

 mute upon the indictment, they judge to be pressed to 

 death : some whose offences are pilfering under twelvepence 

 value they judge to be whipped. Those that confess their 

 indictments, they judge to death, whipping, or otherwise, 

 as their offence requireth. And those that are not indicted 

 at all, but their bill of indictment returned with ignoramus 

 by the grand jury, and all other in the gaol against whom 

 no bills at all are preferred, they do acquit by proclamation 

 out of the gaol. That one way or other they rid the gaol 



