5% HISTORY OF 



It is too frequently found that mercy is 

 abused, and that a merciful judge encreases the 

 number of criminals; this was shortly ex- 

 emplified, for in less than a month four more 

 were tried for a still greater offence, which was 

 robbing the store of provisions ; thus at once 

 destroying the support of the whole, and at the 

 very time/ when the officer and the convict had 

 the same allowance of provisions. The charge 

 being proved, one man, James Barrett, suffered 

 death, his confederates were banished, and one 

 sentenced to have 300 lashes was pardoned, and 

 one who was tried the next day was pardoned on 

 condition of becoming executioner to the 

 colony. 



The Letters Patent, authorized proceeding in 

 a more summary way than in the realms of 

 Great Britain. The Criminal Court was to 

 consist of the Judge Advocate, and six Officers 

 of the Sea or Land Service, and to hear, deter- 

 mine and punish all offences committed in the 

 Colony, according to the laws of England. 

 The charges to be exhibited in writing by the 

 Judge Advocate, and witnesses to be examined 

 on oath, both for and against the prisoner, and 

 the court to adjudge whether guilty or not, by 

 a majority ; but in cases of death there must be 

 five concur in the opinion of his guilt, and the 

 sentences so pronounced to have the effect of a 

 verdict from a Jury, and the Provost Martial 

 to cause the judgment of the Court to be exer 

 cuted according to the Governor's warrant, 



