9. Small offences are punished by the justices in or out of sessions, by whom the offender is sentenced to be whipped, imprisoned, or kept to hard labour; but for the trial of capital offences, a commission of Oyer and Terminer and jail delivery issues eight times every year, _i.e._, before and after every term, directed to the Lord Mayor, Recorder, some of the twelve judges, and others whom the Crown is pleased to assign. These commissioners sit at Justice Hall in the Old Bailey, and bills of indictment having been found by the grand juries of London or Middlesex, containing the prisoner’s accusation, a petty jury, consisting of twelve substantial citizens is empanelled for the trial of each of them; for, as to the grand jury, they only consider whether there is such a probability of the prisoner’s guilt as to put him upon making his defence, and this is determined by a majority of the grand jury: but the petty jury, who pass upon the prisoner’s life and death, must all agree in their verdict, or he cannot be convicted. But though the petty jury judge of the fact, _i.e._, what the crime is, or whether it was committed by the prisoner or not, the commissioners or judges declare what are the punishments appropriated to the several species of crimes, and pronounce judgment accordingly on the offender. In high treason they sentence the criminal to be drawn upon a hurdle to the place of execution, there to be hanged and quartered. In murder, robbery, and other felonies, which are excluded the benefit of the clergy, the criminal is sentenced to be hanged till he is dead. And for crimes within the benefit of the clergy, the offender is burnt in the hand or transported, at the discretion of the court. And for petty larceny, _i.e._, where the offender is found guilty of theft under the value of twelve pence, he is sentenced to be whipped. But a report being made to His Majesty by the Recorder, of the circumstances with which the several capital offences were attended, and what may be urged either in aggravation or mitigation of them, the respective criminals are either pardoned or executed according to His Majesty’s pleasure. But I should have remembered, that the sentence against a woman, either for high or petty treason, is to be burnt alive. I shall now give some account of the election of the Lord Mayor, Sheriffs, &c., who are chosen by a majority of the liverymen. The Lord Mayor is elected on Michaelmas Day (from among the aldermen, by the liverymen of the City, who return two aldermen that have served sheriffs to the Court of Aldermen for their acceptance, who generally declare the first upon the liverymen’s roll to be Lord-Mayor) sworn at Guildhall on Simon and Jude, and before the barons of the Exchequer at Westminster the day following.