29. In all Actions at law it shall be the libertie of the plantife and
defendant by mutual consent to choose whether they will be tryed by the
Bench or by a Jurie, unlesse it be where the law upon just reason hath
otherwise determined. The like libertie shall be granted to all persons
in Criminall cases.
30. It shall be in the libertie both of plantife and defendant, and
likewise every delinquent (to be judged by a Jurie) to challenge any of
the Jurors. And if his challenge be found just and reasonable by the
Bench,[65] or the rest of the Jurie, as the challenger shall choose, it
shall be allowed him....
34. If any man shall be proved and Judged a commen Barrator vexing
others with unjust frequent and endlesse suites, It shall be in the
power of Courts both to denie him the benefit of the law, and to punish
him for his Barratry.
* * * * *
36. It shall be in the libertie of every man ... sentenced in any
cause in any Inferior Court, to make their Appeale to the Court of
Assistants, provided they tender their appeale and put in securitie
to prosecute it before the Court be ended wherein they were
condemned, and within six dayes next ensuing put in good securitie
before some Assistant to satisfie what his Adversarie shall recover
against him; And if the cause be of a Criminall nature, for his
good behaviour and appearance. And everie man shall have libertie
to complaine to the Generall Court of any Injustice done him in any
Court of Assistants or other.
* * * * *
40. No Conveyance, Deede, or promise what so ever shall be of
validitie, If it be gotten by Illegal violence, imprisonment,
threatenings, or any kinde of forcible compulsion called Dures.
41. Everie man that is to Answere for any Criminall cause, whether he
be in prison or under bayle, his cause shall be heard and determined at
the next Court that hath proper Cognizance thereof, And [i.e., if it]
may be done without prejudice of Justice.
42. No man shall be twise sentenced by Civill Justice for one and the
same Crime, offence, or Trespasse.
43. No man shall be beaten with above 40 stripes, nor shall any
true gentleman, nor any man equall to a gentleman be punished with
whipping,[66] unles his crime be very shamefull, and his course of life
vitious and profligate.
*44. No man condemned to dye shall be put to death within fower dayes
next after his condemnation, unles the Court see spetiall cause to the
contrary, or in case of martiall law; nor shall the body of any man so
put to death be unburied 12 howers, unlesse it be in case of Anatomie.
Public-domain text, read in full here on John Shaqi.
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