Assembly Proceedings, February — March 1638/9. 49

presentment to make of all offences and misdomenors what-
soever committed to their or any of their knowledge or by
vehement suspition publique fame or by information of any
partie upon oath said or affirmed to be committed against the
laws of this Province which presentment delivered into the
Court by the said enquest shall be an indictment of any partie
in any Crime of Felony or treason (Provided that such present-
ment or Indictm^t be made or found by a Grand enquest of
twelve Jurors at least) upon which such partie presented or
Indicted may be put upon his tryall in the pretoriall Court and
likewise it Shall be a Conviction of the partie presented of any
other crime whereof he is presented (the said crimes of Felony
or treason excepted) upon which such persons maybe sencured
for the said crime unless the partie presented purge him or
herself thereof by such means as the Court shall appoint the
partie for his or her purgation
And every person lawfully served and warned to be of the
enquest as aforesaid and not appearing upon call at the time

Liber
C & W H

and place prefixed in the writt shall lose and forfeit such issues
as shall be mentioned in the writ for a pennaltie of not appear-
ing (provided that such pennaltie exceed not one hundred
weight of Tobacco and the same Law Shall be for any other
Jurors provided that the pennaltie of not appearing exceed not
fifty weight of Tobacco
And Such Judgment Shall be given in all causes in this
Court as is most agreeable to the Laws of this Province or (in
defect of such Laws) to the Judgements usally given in the
same or the like causes in the civill Courts or Courts of
common Law in England as neer as the Judge shall be able to
detirmine and yearly on the first monday in October and
afterward monthly till March (exclusively) Shall be held a
County Court at S^t Maries by the cheif Justice or (in his
absence) by any Commiss^r by the said cheif Justice appointed
or in default of a Commiss^r by the cheif Councillour of State
at that time Present at S^t Maries who shall in all things
dureing the said Court have and use all the same powers and
authorities as are given and granted to the cheif Justice in any
part of this Act This Act to Continue till the end of the next
generall Assembly.

p. 14