FREE BOOKS

Author's List




PREV.   NEXT  
|<   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   198  
199   200   201   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   >>   >|  
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
PREV.   NEXT  
|<   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   198  
199   200   201   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   >>   >|  



Top keywords:
appeal
 

criminal

 

council

 

governor

 

county

 

general

 

courts

 

sheriff

 

officers

 
pounds

juries

 

delivery

 

business

 

hundred

 

commission

 

reprieve

 

respective

 
empannel
 
deputies
 
empanneling

returns

 

evidences

 

arrests

 

differ

 

defray

 

charge

 

jurisdiction

 

appoints

 
thereof
 

attending


litigants
 
require
 

happen

 
occasion
 
formally
 
discharged
 

attendance

 

evening

 
dismissed
 
gentlemen

resort
 

thither

 

summoning

 
country
 
conscience
 

attend

 

condition

 

summons

 

understanding

 

morning