Assembly Proceedings, July— August 1642. 151

An Act ordering somethings touching the
tryall and judging of Causes

The judge may administer an oath to either party in any
civill cause for the better investigation of the truth and
upon any ones refusall may proceed against him as if he had
Confessed the matter enquired of him by oath the Defend'
in any cause civill or Criminall may put himself for tryall upon
the judge or Court or, upon his Country or may wage his
Law in cases allowable by the law of England if both parties
joyn in the tryall it Shall be tryed according to their agreeing
If either party desire to be tryed by the Country & put in
Security to pay the charge of the jury the issue shall be tryed
by the oath of 12 freemen returned by the Sherrif and thought
fitt by the Judge to be admitted upon the exception of either
p^rty And if the other party joyned not in the tryall by the
Country he that caused the jury shall defray the Charge of it
without putting, it to costs except that in Crimminalls extend-

Liber

C & W H

ing to losse of life or Member the offender may demand to be
tryed by the Jury without putting in any Security for the
charge The Sherrif in a warning of Juries shall observe a
Certaine course & order of turnes among all the freemen of the
County (The Councell or Commiss^rs only excepted) to which
end the writt for warning the Jury shall not be returnable
untill 15 days at the least after the delivery of it to the
Sheriff And the Sherrife upon receiveing any writt may
award out p^rcepts to any his under Sherife or Bailiffs in any
hundred or division to the Effect of the writt w^ch precept shall
be of force to all persons & the return of such under sherrife
or Baileife may be returned by the Sherif wageing of Law
against an accompt book shall be admitted according to the
sound discretion of the Judge where any executor or Admin-
istrator is party to the action the Judge may admitt such
proofe as he shall think necessary & Sufficient according to
the Case This Act to endure till the end of the next Assembly

p. 86