Note 40 — Chapter I · Introduction

It was directed “to take for evidence the confession of the offender, the oath of one or more credible witnesses, or such testimony of negroes, mulattoes or Indians, bond or free, with pregnant circumstances as to them shall seem convincing, without solemnity of jury; and the offender being then found guilty, to pass such judgment upon the offender, according to their discretion, as the nature of the offense may require; and on such judgment to award execution.” Acts of 1741, Ch. 24, Secs. 48-52.