on both of his conscience and his understanding.
Sec. 23. They have two sorts of courts, that differ only in jurisdiction,
namely: the general court, and the county courts.
Sec. 24. The general court is a court held by the governor and council, or
any five of them, who by law are the judges of it, and take cognizance
of all causes, criminal, penal, ecclesiastical and civil. From this
court there is no appeal, except the thing in demand exceed the value of
three hundred pounds sterling, in which case an appeal is allowed to the
king and council, in England, and there determined by a committee of the
privy council, called the lords of appeals; the like custom being used
for all the other plantations. In criminal cases, I don't know that
there's any appeal from the sentence of this court; but the governor is
authorized, by his commission, to pardon persons found guilty of any
crime whatsoever, except of treason and wilful murder; and even in those
cases, he may reprieve the criminal, which reprieve stands good, and may
be continued from time to time until his majesty's pleasure be signified
therein.
Sec. 25. This court is held twice a year, beginning on the 15th of April,
and on the 15th of October. Each time it continues eighteen days,
excluding Sundays, if the business hold them so long, and these were
formerly the only times of goal delivery; but now, by the governor's
commission, he appoints two other courts of goal delivery, and the king
allows one hundred pounds for each court to defray the charge thereof.
Sec. 26. The officers attending this general court, are the sheriff of the
county wherein it sits, and his under officers. Their business is to
call the litigants, and the evidences into court, and to empannel
juries. But each sheriff, in his respective county, makes arrests, and
returns the writs to this court.
Sec. 27. The way of empanneling juries to serve in this court, is thus: the
sheriff and his deputies every morning that the court sits, goes about
the town, summoning the best of the gentlemen, who resort thither from
all parts of the country. The condition of this summons is, that they
attend the court that day to serve upon the jury, (it not being known
whether there will be occasion or no.) And if any cause happen to
require a jury, they are then sworn to try the issue, otherwise, they
are in the evening, of course, dismissed from all further attendance,
though they be not formally discharged by
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