6 - The course of assizes on the Western circuit 1586

Summary

A declaracion of the course used and nedefull to be used by the judges in the Westerne circuite in the delivery of the gaole and triall of nisi prius.

The charge is firste given before the gaole or nisi prius be dealte with.

Nexte the gaole is perused and so sone as seven or eight be indycted they be tried.

And where there falles matter of importance or difficultie, be it for lief [felony] or other cause, the judges have satt together and so meane to doe.

But very fewe of them be indycted the firste day; and if stay of nisi prius be in the meane tyme made, the judges and people shall remayne idle.

The nexte day, staye many tymes is made upon the indyctementes of the felons soe as they cannot be arraygned and tried for wante of indytementes and thorowe divers other occasions not being the slackness or will of the judges.

In the counties of Somerset and Devon the nomber of prisoners be very many and the deliverye of the gaole contynueth by meanes thereof most comonly all the tyme of the assises, or verie nere.

Where if the justices joyne and goe thro we withe the gaole firste before the nisi prius, much tyme wilbe loste and triall but of verie fewe nisi prius or none.

In other counties if they joyne and go throwe withe the gaole as before, the most parte of the nisi prius cannot be hearde.