Through England on a side saddle in the time of William and MaryFiennes, Celia
History
Through England on a side saddle in the time of William and Mary
Fiennes, Celia
England -- Description and travel -- Early works to 1800
that will pretend to offer new reason matter for delaying judgment, that
by this it accrues great advantage to y^e Lawyers that have all their
fees each motion and may be so Continued many yeares to sometyme y^e
ruin of the Plaintiffs and deffendants. A small gratuiety obteine an
order to delay till the next terme and so to another.
There are four termes in a yeare, one at Easter, another at Midsumer,
and at Michaelmas, and Candle-mass, at which tymes these Courts of
justice are open for tryal of y^e Causes belonging to their Courts, and
holds a fortnight or more, one three weekes, another a month, one 5
weekes; but there are sealeing dayes w^{ch} hold much Longer and this
between Easter and Midsumer terme joyns the tymes. Y^e Last terme is the
shortest but the seales hold Longer. After this is the Long vacation
being the heate of the weather and tyme of harvest in which tyme alsoe
are the assizes in all the Countys in England, for at y^e End of the
Midsummer terme y^e Judges takes y^e Circuites assigned Each, usual the
Lord Chiefe Justice of England w^{ch} is of y^e Kings Bench Chuses the
home Circuit w^{ch} is the County adjacent all about London, w^{ch} is a
Less fatigue and more Easily perform’d. Two judges must goe in Each
Circuite and in all places the one sitts on the Bench of Life and Death,
y^e other on buisness de-nise-prises, and soe they exchange in all the
places they Come, y^e judge y^t was on the Life and death at one County,
in the next takes y^e barr of the nais prisse and so on. There is one
Called the Northern Circuit w^{ch} is a Long one and takes in Wales;
there is the Western Circuite alsoe: this takes up 6 of y^e 12 judges
and Barrons.
But all this while there must be two at Least Left in London to heare
and attend y^e sessions of y^e Old Bayly which is kept once a month both
of Life and death and Common pleas.
In all these sessions at y^e Old Bayly y^e Lord Major is the judge and
sitts as such, but Leaves the management of the Law to the Chiefe
justice or Judges which ought to be two. There is the Recorder of y^e
Citty also another justice who after y^e judge has summon’d the Evidence
does alsoe summ it up, and this is in all the tryals at the Kings Bench,
alsoe here the sword Bearer is a officer, and Common Cryer, and alsoe
the two Sherriffs attends, they impanell the Jury and their office is so
necessary y^t at the death of a Sherriff as happened Last yeare the
Buissness of the terme happening then stood still till another was
Chosen and sworne.
Public-domain text, read in full here on John Shaqi.
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