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186 Assembly Proceedings, September 1642.
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Liber P R
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Court) & appointing the formes and means of it, and awarding
all necessary processe to that end, in such forme & vnto such
effects, as the Judge shall think fitt: guiding themselves as
neare as conveniently they may to the former presidents &
vsages of the Court, and in defect thereof to the formes of
England in the same or the like cases (except where any thing
is specially provided for by the Law of the Province. This
Act to endure for three yeares from this put day.
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8 An Act ordering some things touching the triall & iudging
of causes.
The Judge may administer an oath to either party in any
civill cause for the better investigation of the truth, and vpon
any ones refusall, may proceed against him, as if he had con-
fessed the matter enquired of him by oath. The defendant in
any cause civill or criminall, may putt himselfe for triall, vpon
the Judge, or Court, or vpon his country, or may wage his Law
in cases allowable by the Law of England. If both parties ioine
in the triall, it shalbe tried according their agreement. If either
party desire to be tried by the country, and putt in security to
pay the charge of the Jury, the issue shalbe tried by the oath
of twelve ffreemen, returned by the Sheriff & thought fitt by
the Judge to be admitted, vpon the exception of either party.
And if the other party ioined not in the triall by the country,
he that caused the Jury shall defray the charge of it, without
putting it to costs. Except that in criminals extending to losse
of life or member, the offender may demand to be tried by the
country, without putting in any security for the charge.
The Sheriff in warning of Juries shall observe a certaine
course & order of turnes among all the ffreemen of the County
(the Counsell and Commissioners only excepted) To wch end
the writt for warning any Jury shall not be returnable vntill
fifteene daies at the least, after the delivery of it to the Sheriff.
And the Sheriff vpon receiving any writt, may award out pre-
cepts to any his vnder sheriff or bailiff in any hundred or
division, to the effect of the writt, wch precept shalbe of force to
all persons, and the returne of such vnder sheriff or bailiff may
be returned by the Sheriff
Waging of Law against an Accompt-book, may be admitted
or refused according to the sound discretion of the Judge.
Where any Exequutor or Admrator is partie to the action,
the Judge may admitt such proofe as he shall think necessary
& sufficient, according to the case. This Act to endure for
three yeares from this present day.
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