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Show 3 98 {To for Froman of Pelyy'lwnz'a, [13. P.] on a portion/or M7z'2‘z'zz Bill. 399 amendment ([0 called) at full length; and for the truth and exaétnefs of my copy I dare appeal to ‘. Seeretar Shi en. MlI‘he word); of Elie bill, 13', 3. were, " Eyery " fuch perfon f0 ofienditig, being legally convicted " thereof," Sec. By the words loga/fioonezfietl, was intended a conviction after legal trial, in the common courfe of the laws of-the land. .But the Governor required this addition immediately to follow the words ["conviéted thereof ] Viz. ‘ by ‘ ‘ ‘ ‘ ‘ ‘ ‘ a court-martin]; {hall fuifer DEATH, or fuch other punilhment as fuch court, by their. fen- tence or decree, {hall think proper to infliét and pronounce. And be it farther enacted by the authority aforefaid, That when and {0 often as it may be neceflary, the Govornor and Commander in chief for the time being, {hall ap- ‘ point and commiflionate, under the great feal ‘ of this province, fixteen commiflioned ofl‘icers ‘ in each regiment; with authority and power to ‘ them or any thirteen of them to hold courts- ‘ martial, of whom a field othcer {hall always ‘ be one, and prefident of the laid court; and ‘ fuch courts-martial [hall and are hereby im- ‘ powered to adminif'ter an oath to.any Witnefs, ‘ in order to the examination or trial of any of ‘ the offences which by this act are made cog- ‘ nizable in fuch courts, and {hall come before ‘ them. Provided always, that in all trials by ‘ a court-martial by virtue of this act, every ofl‘i- ‘ cer prefent at fuch trial, before any proceedings ‘ be had therein, (hall take an oat/J uponhglll; " holy evangelitts, before one Juftice of the peace ‘ in the county where . fuel] court is held ,- who are ‘ hereby authorized to admini fter the fame, in the following words, that is to fay; " I A. B. "‘ do fwear, that I will duly adminifter juttice " according to evidence,- and to the directions of " an act, intitled, An Act for for ming and regu" latinér the militia of the prov ince ofPenfylvania, " without partiality, favour or affection; and that " I will not divulge the fent ence of the court, " until it {hall be approved of by the Governor " or Commander in chief of this province for the " time being; neither will I, upon any account, " at any time whatfoever, difc lofe or o'flover t/oe' " vote S or opinion of any particular mem ber of " the court-martial. So help me God."--‘ And ‘ no fentence of Death, or othe r fentence, fhall ‘ be given againft any offender , but by the con- ‘ currence of nine of the officers f0 fworn. And ‘ no fentence pafléd againft any offender by fuch ‘ court-martial {hall be put in exec ution, until ‘ report be made bf the whole proc eedings to " the Governor or Commander in chie f of this ‘ province for the time being, and his dire ctions " ignifled thereupon.' It is obfervable here, that by the common courfe of juttice, a man is to be tried by a Jur y of his neighbours and fellows; impannel led by a. fherifi", in whofe appointment the people have choice: the prifoner too has a right to challenga e twenty of the pannel, without giving a reafon, and as many more as he can give reafons for chal- lenging 5 |