All persons are tryed by those of their own ranke a Commoner of England is tryed by a Jury of Commoners in all Cases and of Life and death, a peer of England is tryed by his Peers, and in case it is not the tyme of y^e Parliament sitting, then by a bill of oyer and terminer issued out, there is 12 Peers are jmpannell’d as a jury. But I must mention one thing as to the petty Juryes of Commoners, a person which is tryed for his Life may Challenge some of those w^{ch} are brought to be sworne for his Jury, that is except against them to such a number without giving reason, but if he exceeds that number he must give reason for such exception, either to be a man he had injured or one w^{ch} had former malice or one related to y^e persons who Either is dead or injured; for our Laws Condemn to Death murther, fellony, treasons. By this order you see its Justice and Care. Then in matters of Life and Death the witness for the King are sworne, but y^e witness for the prisoners are not sworne but only Examined to declare the truth. But to returne to the tryals of a peer which by such a jury is tryed, in Case the house of Lords y^e parliament is sitting, then they prepare Westminster hall for the tryal, the House of Comons manage the Evidence and prosecute them, and the House of Lords are the Judges and Jury in this manner if it be for Life or death, w^{ch} is grounded on a statute either against murther, treason or fellony, and so y^e arraignment is read and y^e Councill for both sides. Y^e house of Commons produces their Evidence and witness and the King Constitutes a Lord High Steward for that day or in case the tryal be long he must be Continued till the tryall finishes. He beares a white staff as badge of his great office which Indeed is y^e greatest officer in England and for the tyme can act for the King, so above him. He is usually the person that is Lord Chancellor if he be a peer which allwayes is. There he sitts as Judge to whome the other peeres of the whole House of Lords are Joyn’d and after a full Examination on both sides, and the Criminall haveing had full Leave to Cleer himself, then the Lord High Steward askes y^e Lords one by one beginning with the puny Lord, so to the highest “in honour my Lord such a one do you thinke my Lord that the prisoner at the Barre is guilty or not Guilty?”—to which Each Lord stands up and answeres for himself Either, so as he Judges, “guilty upon my honour,” or Else “not guilty upon my honour” and so it goes from one to all, in this manner the Lord High Steward marks down to Each Lords name his answere, and at the Last reckons them up so many Guiltyes, so many not Guiltyes, then he adds his own thoughts to the side he thinks best, but usualy he is so Crafty as to add to the side of the Majority, which being done he pronounces the verdict as y^e majority said, Either Guilty or not. Now this verdict the Lords give thus on their honour is Equivalent to the oath the Commoners