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, Besides Several Other Considerable Additions, a Brief Survey of What Hath Been Discover'd of the Unknown South-land and the Arctick Region.

by John Ogilby

Every Free-man when he is admitted, takes a strict Oath, to be true to the Society or Jurisdiction.

There are two general Courts, one every half year, wherein they make Laws or Ordinances: The Ministers advise in making of Laws, especially Ecclesiastical, and are present in Courts, and advise in some special Causes Criminal, and in framing of Fundamental Laws.

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.

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.

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.

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.