America: Being the Latest, and Most Accurate Description of the Nevv VVorld: Containing the Original of the Inhabitants, and the Remarkable Voyages Thither. The Conquest of the Vast Empires of Mexico and Peru, and Other Large Provinces and Territories, with the Several European Plantations in Those Parts. Also Their Cities, Fortresses, Towns, Temples, Mountains, and Rivers. Their Habits, Customs, Manners, and Religions. Their Plants, Beasts, Birds, and Serpents. With an Appendix, Containing, BesOgilby, John
History
America: Being the Latest, and Most Accurate Description of the Nevv VVorld: Containing the Original of the Inhabitants, and the Remarkable Voyages Thither. The Conquest of the Vast Empires of Mexico and Peru, and Other Large Provinces and Territories, with the Several European Plantations in Those Parts. Also Their Cities, Fortresses, Towns, Temples, Mountains, and Rivers. Their Habits, Customs, Manners, and Religions. Their Plants, Beasts, Birds, and Serpents. With an Appendix, Containing, Bes
Ogilby, John
America
There are besides four Quarter-Courts for the whole Jurisdiction,
besides other petty Courts, one every quarter at _Boston_, _Salem_, and
_Ipswich_, with their several Jurisdictions; besides every Town, almost,
hath a petty Court for small Debts and Trespasses, under twenty
Shillings.
[Sidenote: Actions and Causes.]
In the general Court, or great quarter Courts, before the Civil
Magistrates, are try’d all Actions and Causes Civil and Criminal, and
also Ecclesiastical, especially touching Non-members: And they
themselves say, that in the general and quarter Courts, they have the
Power of Parliament, Kings-Bench, Common-Pleas, Chancery,
High-Commission, and Star-Chamber, and all other Courts of _England_,
and in divers Cases have exercis’d that Power upon the Kings Subjects
there, as is not difficult to prove. They have put to death, banish’d,
fin’d Men, cut off Mens Ears, whip’d, imprison’d Men, and all these for
Ecclesiastical and Civil Offences, and without sufficient Record. In the
lesser quarter Courts are try’d, in some, Actions under ten Pounds, in
_Boston_, under twenty, and all Criminal Causes not touching Life or
Member. From the petty quarter Courts, or other Courts, the parties may
appeal to the great quarter Courts, from thence to the general Court,
from which there is no Repeal.
[Sidenote: Grand-Juries.]
Twice a year, in the said quarter Courts held before the general Courts,
are two Grand-Juries sworn for the Jurisdiction, one for one Court, and
the other for the other; and they are charg’d to enquire and Present
Offences reduc’d by the Governor who gives the Charge.
[Sidenote: Trials.]
Matters of Debt, Trespass, and upon the Case, and Equity, yea and of
Heresie also, are try’d by a Jury.
The Parties are warn’d to challenge any Jury-man before he be sworn; but
because there is but one Jury in a Court for trial of Causes; and all
Parties not present at their Swearing, the liberty of challenge is much
hinder’d, and some inconveniences do happen thereby. Jurors are return’d
by the Marshal, he was at first call’d _The Beadle of the Society_.
The Parties in all Causes, speak themselves for the most part, and some
of the Magistrates where they think cause requireth, do the part of
Advocates without Fee or Reward.
Public-domain text, read in full here on John Shaqi.
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