7. The Court Of Conscience Was Established For Recovering Small
Debts Under Forty Shillings At An Easy Expense, The Creditor's Oath
Of The Debt Being Sufficient Without Further Testimony To Ascertain
The Debt.
This court sits at the hustings in Guildhall every
Wednesday and Saturday, where the Common Council of each ward are
judges in their turns.
They proceed first by summons, which costs
but sixpence, and if the defendant appears there is no further
charge; the debt is ordered to be paid at such times and in such
proportion as the court in their consciences think the debtor able
to discharge it; but if the defendant neglect to appear, or obey the
order of the court, an attachment or execution follows with as much
expedition and as small an expense as can be supposed. All persons
within the freedom of the City, whether freemen or not, may
prosecute and be prosecuted in this court, and freemen may be
summoned who live out of the liberty.
8. The courts of wardmote are held by the aldermen of each ward,
for choosing ward-officers, and settling the affairs of the ward,
the Lord Mayor annually issuing his precept to the aldermen to hold
his wardmote on St. Thomas's Day for the election of common
councilmen and other officers; they also present such offences and
nuisances at certain times to the Lord Mayor and common councilmen
as require redress.
9. Small offences are punished by the justices in or out of
sessions, by whom the offender is sentenced to be whipped,
imprisoned, or kept to hard labour; but for the trial of capital
offences, a commission of Oyer and Terminer and jail delivery issues
eight times every year, i.e., before and after every term, directed
to the Lord Mayor, Recorder, some of the twelve judges, and others
whom the Crown is pleased to assign. These commissioners sit at
Justice Hall in the Old Bailey, and bills of indictment having been
found by the grand juries of London or Middlesex, containing the
prisoner's accusation, a petty jury, consisting of twelve
substantial citizens is empanelled for the trial of each of them;
for, as to the grand jury, they only consider whether there is such
a probability of the prisoner's guilt as to put him upon making his
defence, and this is determined by a majority of the grand jury:
but the petty jury, who pass upon the prisoner's life and death,
must all agree in their verdict, or he cannot be convicted. But
though the petty jury judge of the fact, i.e., what the crime is, or
whether it was committed by the prisoner or not, the commissioners
or judges declare what are the punishments appropriated to the
several species of crimes, and pronounce judgment accordingly on the
offender. In high treason they sentence the criminal to be drawn
upon a hurdle to the place of execution, there to be hanged and
quartered. In murder, robbery, and other felonies, which are
excluded the benefit of the clergy, the criminal is sentenced to be
hanged till he is dead.
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