' This court has power to inquire of, hear, determine, and punish
all treasons, misprisions of treasons, murders, felonies, forgeries,
perjuries, trespasses, and other crimes whatsoever that may be committed
in the colony; the punishment for such offences to be inflicted according
to the laws of England as nearly as may be, considering and allowing for
the circumstances and situation of the settlement and its inhabitants.
The charge against any offender is to be reduced into writing, and
exhibited by the judge-advocate: witnesses are to be examined upon oath,
as well for as against the prisoner; and the court is to adjudge whether
he is guilty or not guilty by the opinion of the major part of the court.
If guilty, and the offence is capital, they are to pronounce judgment of
death, in like manner as if the prisoner had been convicted by the
verdict of a jury in England, or of such corporal punishment as the
court, or the major part of it, shall deem meet. And in cases not
capital, they are to adjudge such corporal punishment as the majority of
the court shall determine. But no offender is to suffer death, unless
five members of the court shall concur in adjudging him to be guilty,
until the proceedings shall have been transmitted to England, and the
king's pleasure signified thereupon.
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