i6q. 



ani Caultrs. 



vf M.E %I C J. 



Chap. II. 



Grand- 

 Juries. 



Trial*. 



In the general Court, or great quarter Courts, before the Civil Magiilrates, are 

 try'd all Aclions and Caufcs Civil and Criminal, and alfo Ecclefiaftical, efpecially 

 touching Non-members : And they themfelves fay, that in the general and quarter 

 Courts, they have the Power of Parliament, Kings-Bench, Common-Pleas, Chan, 

 eery, High-Commiflion, and Star-Chamber, and all other Courts of England, and 

 in divers Cafes have exercis'd that Power upon the Kings Subjects there, as is not 

 difficult to prove. They have put to death, banifh'd, fin'd Men, cut off Mens 

 Ears, whip'd, imprifon'd Men, and all thefc for Ecclefiaftical and Civil Offences, 

 and without fufficient Record. In the letter quarter Courts are try'd, in fome, A&i* 

 ons under ten Pounds, in Lofton, under twenty, and all Criminal Caufes not touch- 

 ing-Life or Member. From the petty quarter Courts, or other Courcs,the parties 

 may appeal to the great quarter Courts, from thence to the general Court, from 

 which there is no Repeal. 



Twice a year, in the faid quarter Courts held before the general Courts, are two 

 Grand-Juries fworn for the Jurifdiction, one for one Court, and the other for the 

 other . and they are charg'd to enquire and Prefent Offences redue'd by theGover- 

 aor who gives the Charge. 



Matters of Debt, Treipafs, and upon the Cafe, and Equicy, yea and of Hcrefie 

 alfo, are try'd by a Jury. 



The Parties are warn'd to challenge any Jwry-man before he be fworn ; but be- 

 caufe there is but one Jury in a Court for trial of Caufes ; and all Parties not pre- 

 fent at their Swearing, the liberty of challenge is much hinder'd, and fome incon- 

 veniences do happen thereby. Jurors are return d by the Marfhal, he was at firft 

 called T7;e Beadle of the Society. 



The Parties in all Caufes, fpeak themfelves for the moft part, and fome of the 

 Magiftrates where they think caufe requireth, do the part of Advocates without 

 Fee or Reward. 



Though among the feveral Colonies which were founded here by the conflu- 

 ence of diflcntirig Zealots, this Government is exercis'd, differing from that of the 

 Church and State of England : yet in thofe Provinces which are. granted by parti- 

 cular Perfons, the Government is much more conformable to that of England ; but 

 as the Mattachufets or Sojloners were from the beginning the moft Potent and Predo- 

 minant of all the reft of the Colonies, (infomuch, that Boflon may well be accoun- 

 ted the Metropolis of all T^ew England ^ fo of late years they have ft ill ufurp'd more 

 and more Power and Authority over the reft 5 and efpecially have not ftuck to give 

 Laws to the forefaid Provinces allotted to particular Perfons, and have gone about 

 wholly to fubjugate thofe places to thenffetocs, intrenching upon the rights of the 

 true Proprietors 5 and that, even contrary to the Kings exprefs Commands by his 

 Officers, there, and as it were in open defiance of his Majefty and Government, as 

 is evident from this following Narration, of their behavior upon a bufinefs of this 

 nature. 



£ TN the Year of our Lord 1665. n i s Majcfties Commiffioners for the Affairs of 

 "ft * JS^ew England, being in the Province of Mayne, the People being much unfetled 



Proceedings 

 of the Matt a- 

 thujets againft 

 hisMajefties . _ ; f ' . ~ *•> 



Commiflio- in Point or Government , by reafon the Mattachufets Colony, or Bojlon Govern. 

 ment, did ufurp compulfively a Power over them contrary to their wills- and the 

 right of Sir Ferdinando Gorges Heir, who had his Coramiffion then in the place, did 

 unanimoufly Petition to his Majefties Commiflioners to fettle the Government; 

 upon which the faid Commi/Tioncrs examin'd the Bounds and Right of Mr. Gorges 

 Patent, with all the Allegations and Pretenfions on both fides, and fo according 



to 



