Assembly Proceedings, February — March 1638/9. 51

the Councell of State for the time being and the Secretary of
the Province for the time being or other Register appointed by
the Leiutenant Generall shall record all matters and proceed-
ings in this Court and the said Lord Proprietarie or his Leiu-
tenant Generall and the said Councell Secretary or Register
or any three of them whereof the said Lord Proprietary or his
Leiutenant Generall and Secretary or Register to be alwayes
two) Shall be a Court of Record and Shall be called the pre-
toriall or the pretoriall Court and the said Pretoriall shall or
may enjoy use and exercise all or any powers priveledges and
Jurisdictions within this Province in any the causes aforesaid
necessary for the tryal and punishment of the said crimes and
offences
And untill there be a Seal appointed for this Court by the
Lord Proprietarie all prosesse and writts and other Judiciall
acts in matters and causes apperteining to this Court Shall or
may be drawen and Signed by the Register of this Court
which Signature Shall be a sufficient Warrant to the Chancel-
lour or keeper of the Seal to put the great Seal thereto and
they shall or may be directed to the parties or wittness them-
selves or to the Sherif of the County or to any other Officer
named upon the Writt
And such formes of proceeding and triall upon information
indictment or appeale Shall be used and observed in this Court
as are most agreeable to the laws of the province or otherwise
to the formes used and observed in England in the same or
the like causes as neer as the said Court shall be able to
Judge or otherwise such formes as the said Court shall
appoint or approve to be used and observed (in cases not pro-
vided for by the law of the Province) and all such formes once
appointed and entered upon Record in the Court shall be for
ever after used and observed in the Court untill they or any of

Liber
C & W H

them be altered by Act of Assembly And all enormious
offences aforesaid Shall be tried by the said Court and all
capitall Crimes of treason or fellony shall (upon an indictm^t by
a Grand inquest) be tryed by a Jury of twelve freemen to be
returned by the Sherif And any Lord of a Mannour endicted
of any Capitall offence Shall be tried by the said Leiutenant
Generall and by twelve or more Lords of Mannours (if there
be so many within the County capeable of such a charge) or
in default of so many Lords of Mannours then by so many
Lords of Mannours and freeholders of the County (to be
returned by the Sherrif) as shall make up the number of
twelve at the least And the said Lords of Mannours and free-
holders empanelled shall be called and judged his peers and
conviction shall be by the said Leiutenant Generall and the
said Peeres or the major part of them agreeing in their verdict

p. 17