This ceremony being adjusted, the crime laid to the
prisoner's charge is read to him, and the question of Guilty, or Not
guilty, put. No law officer on the side of the crown being appointed,
(for I presume the head of the court ought hardly to consider himself
in that light, notwithstanding the title he bears) to prosecute the
criminal is left entirely to the party, at whose suit he is tried. All
the witnesses are examined on oath, and the decision is directed to
be given according to the laws of England, "or as nearly as may be,
allowing for the circumstances and situation of the settlement," by a
majority of votes, beginning with the youngest member, and ending with
the president of the court. In cases, however, of a capital nature,
no verdict can be given, unless five, at least, of the seven members
present concur therein. The evidence on both sides being finished,
and the prisoner's defence heard, the court is cleared, and, on the
judgement being settled, is thrown open again, and sentence pronounced.
During the time the court sits, the place in which it is assembled is
directed to be surrounded by a guard under arms, and admission to every
one who may choose to enter it, granted.
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