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any of them you may challenge them as they come to the book
to be sworn and you shall be heard.
Fendall—I apprehend
Cryer.—If any man can inform his Lps Justices, the Attorney
Genll or this Inquest to be taken between the Rt honble the
Lord Propry and the Prisoner at the Barr of any Treason
Murder, Felony or other misdemeanour comitted or done by
the Prisoner at the Barr let them come forth and they shall be
heard for the Prisoner stands at the Barr upon his Deliverance.
Clerk.—Count them.
Cryer.—Capt Peter Sayer one &c:
Clerk.—Capt Peter Sayer you shall well and truly try and
true deliverance make between the Rt honble the Lord Propry
and the Prisoner at the Barr according to you evidence—So
help you God.
Fendall.—hold I except against him
Chanc:—He is sworne
Fendall.—He is not sworne untill he hath kissed the book.
Chanc:—The oath has been read to him and his hand upon
the book all the while signifies his assent
Just. Tailler—You ought to have made your Objection as he
came to the book before the Oath had been read.
Fendall—I do not readily apprehend what he was.
Chanc—It is too late to object or make exceptions when the
words of the Oath are read and the persons hand on the book,
pray the opinion of the Board.
Just. Lowe—You shall well and truely try and true deliver-
ance make &c. The essential part of which oath is when the
words are pronounced and the kissing of the book but the
formall part
Just. Digges—I am of that opinion and that the Juror is
sworne.
Just. Stevens—Lett him have another
Scry:—The words pronounced are the essential part of the
Oath the kissing the book only matter of Forme.
Sayer—I humbly pray the exception may be admitted
Just. Lowe—As matter of Favour such a Request may be
granted.
Fendall—I beg it not as matter of Favour but as matter of
Law.
Chanc:—In favour to the prisoner notwithstanding we think
the Juror is duely sworne yet we are willing to dismiss Sayer.
Sayer—I humbly thank you.
Scry.—Swear the next
Clerk—Philip Lynes
Lynes—Here
Chanc:—Capt Fendall if you have any objections to make
speak first before he comes to the book.
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P. R. O.
Colonial
Papers.
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