The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1833-01-08
MEMOIR OF IL. ISLAND.

that which adds to the comfy and COM
mendable order ofthis court ofjudicature)
that at eight of the clock in the morning
Of those days upon which The Court is
appointed at the far,hest The Presi-
dent, the town Assistants and the head
officers of the same town where the
court shall be kept (for their Council and
hclp) shall sit in the public Sessions
House, and also the General Recorder
where shall attend those that seek for
Justice their pleaders, witnesses, tryers,
and the General Sergeant with his pris-
oners ready either TO rid his hands of
them or else to do execution upon them
or others as justice shall require.
In the frs, place the Recorder shall
present land if there be time read over
the bills of indictments, and if in case
they have been examined or presentedby
an inquest before then shall he pass them
over, if not then shall the President set
apart the honest and lawful men pre-
pared for that purpose, by solemn en-
gagement faithfully to enquire touching
the bills, and so shall send them forth
with the same.
Then in case :here be any controver-
sizes or differences between party and
party that are lawfully and orderly pre-
sented to that court for trial. The Re-
corder shall read them over in open
court and that which was first joined for
issue shall come first to the hearing, and
because the l2 men are to have the
hearing and determining of all contro-
versies and differences depending be-
tween party and party they shall be first
called forth by the President and placed
in order before those that arc to be judg-
ed from whom they shall receive a
solemn charge upon the peril and penalty
the law has provided to do justice be-
tween the parties cOntending, according
to evidence, tins done then shall the par
ties (having first had their lawful cbal-
lenges) or their Attorneys plead their
cases before them, produce their wit
nesses for what they affirm, which shall
be taken upon the like peril, when they
have sufficiently discussed the difference
then shall the President or any other of
the Assistants mind the inquest of the
most material passages and arguments
that are brought by one another for the
case and against it without alteration, or
leaning to one party or another (Which
is too commonly seen) and so shall the
President advise the inquest to go forth
and do justice and right between their
neighbors according to the evidence that
has been brought for what has been
pleaded. These being gone forth then
may The court proceed to deal with such
as are bound by recognizance either to
release them or continue their bonds ac-
cording as there is just cause, and may
read over the indictments that have been
inquired into before and are now pre-
sented as true bills, or that were COM
mtted to the inquest in the beginning of
the court and are returned true bills.
The twelve men returning with verdict
it shall be recorded, and so shall they be
employed until all the differences be
ended.
And for as much as it belongs to the
justices to tax the costs let the vacant
times be SO employed.
These controversies, differences and
demands being thus all issued then let
the Recorder call to the Sergeant to
bring forth the prisoners, before each
prisoner let his indictment be read and
he demanded what he saith to the in.
dictment. whether guilty or not if he
answer guilty his confession shall be re.
corded if saith no, guilty, then let him
he demanded if ho will be tried by God
and the country (Sci his country men)
if he consents the President shall cal
forth the twelve men before him, wish
him to look upon them, ask il he hath
any thing against them if not then he
shall charge them upon the former peril
to deal faithfully and truly in the matter
1t being a matter of consequence and