52 Assembly Proceedings, February — March 1638/9.

Liber
C & W H

and such Judgment shall be given in all crimes and offences
whatsoever capitall within this Province as is most agreeable
to the Laws of this Province and such juclgm^t shall be given in
all Enormious offences as the said Lord Proprietarie or his
Leiutenant Generall and Councell or the major part of them
sitting in Court shall thinke the misdomeniour offence or con-
tempt to deserve for correction of the deliquent or recompence
of the partie greived (so that it extend not to the taken away
of Life or member and so that no fine (to the use of the Lord
Proprietarie) Shall be levyed upon judgment given in this
Court to above the fourth part of the Clear personall Estate of
the party censured or of the Value thereof according to a true
and perfect Inventory thereof to be made and appraised upon
Oath by two freemen of the County indifferently chosen by
the Sherif and entered in the Record of the said Court This
Act to Continue to the end of the next generall Assembly.

p. 18

An Act For the authority
of Justices of the Peace

Be it Enacted By the Lord Proprietary of this Province of
and with the advice and approbation of the freemen of the
same That the offences following in this Act may be heard and
determined by the Leiutenant Generall for the time being or
by any one of the Councell or by any one haveing Commission
for the peace under the great Seal of this Province and the
offender may be convicted by the view or hearing of the Judge
or confesion of the Offender or Evidence of the fact or by the
testimony of one wittness To which purport every of the said
Judges aforenamed shall have power by vertue of this Act to
grant a warrant or warrants to the Sherrif high Constable or
tithing man for the appearing of any partie or parties offend-
ing or complained of as offenders and to administer an oath to
any wittness or wittnesses and to commit any offender to
prison till he submitt himself to good order or find Security for
his good abearance and to take and demand recognisances to
that purpose and to keep a Record of all fines and Sentences
given in that behalf and to certifie the same to his Lordships
receiver Generall or to the Register of the County Court (who
shall thereupon award execution for the Levying of the same)
and to award precepts and to take recognisances for the peace
and to doe use and exercise all or any other the same or the
like powers and jurisdictions within this province and the
limits of his Commission (in crimes and offences against the
law of this Province) as any Justice of Peace in England useth
or of right may or ought to use by Vertue of his Commission
for the peace