The reports of that reverend and learned judge, Sir Richard Hutton Knight sometimes one of the judges of the common pleas : containing many choice cases, judgments, and resolutions in points of law in the severall raignes of King James and King Charles / being written in French in his owne hand, and now faithfully translated into English according to order.

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Title: The reports of that reverend and learned judge, Sir Richard Hutton Knight sometimes one of the judges of the common pleas : containing many choice cases, judgments, and resolutions in points of law in the severall raignes of King James and King Charles / being written in French in his owne hand, and now faithfully translated into English according to order.
Author: England and Wales. Court of Common Pleas.
Publication: London :: Printed by T.R. for Henry Twyford, and Thomas Dring ...,; 1656.
Rights/Permissions: This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
Subject terms: Law reports, digests, etc. -- England.
Link to this Item: http://name.umdl.umich.edu/A45254.0001.001
Cite this Item: "The reports of that reverend and learned judge, Sir Richard Hutton Knight sometimes one of the judges of the common pleas : containing many choice cases, judgments, and resolutions in points of law in the severall raignes of King James and King Charles / being written in French in his owne hand, and now faithfully translated into English according to order." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A45254.0001.001. University of Michigan Library Digital Collections. Accessed June 18, 2024.

Pages

An. 2. Car.

MEmorand. That the 19. day of May, An: 2 Car. all the Iudges be∣ing assembled at Serjeants Inn in Chancery Lane, by the com∣mandment of the King, the Attorney Generall propounded,* 1.1 that the King would be satisfied by our opinion, Whether any person which is arraigned of Treason of Felony, ought by the Fundamentall Lawes of this Realm to have Councell; And We all una voce answered.

That when any one is indicted of Felony or Treason, or any other such offence, the party ought not to have any Councell, unlesse it be upon matter in Law, as where he demand Sanctuary, or plead any spe∣ciall matter, and that is agreed by Stamford, fol. 151.

Also this extends as well to Peers of the Realm, as to others, vide 1 H: 7. 23. and the 9 E: 4. 2. and so it was agreed by all, that although the party shall have Councell in an Appeal of Murther, yet if he be non-suited, and the party be arraigned upon the Declaration, then he shall have no Councell.

Also it was resolved, that when the party who prosecute, suppose that the Grand Iury will not find the Invictment, and therfore requires that the Evidence should be given publickly to the Iury at Bar (which is sometime done) yet the party who shall be indicted, shall not have Councell. And the Attorney Generall was commanded to report our opinion to the King: And this hapned to be demanded upon the gene∣rall inconvenience that might after ensue in the Case of the Earl of Bristoll, to whom the King had allowed Councell.

Notes

* 1.1

In what cases a prisoner, ar∣raigned shall have Coun∣cell.

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