502 Assembly Proceedings, October—November 1683.

U. H. Journal
1659-98
p. 531

(as appears by the Record) It was given only on the Bare
Allegation, That one Evan Carew who as appears by the
Record Likewis was Elected tryed and Sworn as a Juror to
trye the Cause aforesaid, was an Alien which said Allegation
was never proved nor could such Matter being Extra the
Record, and after the said Evan Carew with the rest of the
Jurors had past his Verdict be put on Tryall the same Matter
having been Tryed before as appears by the Record, for if the
now Defendant would have taken Advantage of any such
Matter he might he ought to have Challenged the said Juror
before he had been sworn and in such Case the Law hath Pro-
vided a Suitable Tryall of the same, but if once the Jury be
Sworn so that as the Record Saith they have been Elected
tryed and sworn tis too late to make such Exception Especially
against the said Evan Carew who for many Years hath born
publick Offices in this Province and hath Very often passed
his Verdict in Weighty Affairs which if this frivilous Excep-
tion should take place might Call in Question all such other
Proceedings and therefore the Judgment aforesaid so as afore-
said Given barely on the Allegation that the said Evan Carew
was an Alien after he had been Elected tryed and Sworne is
Manifestly Erronious— T: Burford
The whole Matter being heard by this house it is thereupon
Considered and it is the Judgment of this house, That the
said Verdict of the Jury brought into the Iustices of the Pro-
vincial Court the 14th Day of October 1682 ought not to be
sett aside nor Judgm^t thereupon Arrested, And it is further
by this house Considered that the Judgment of the said Pro-
vincial Court thereupon given which was that the said Collins
go without Day and pay Cost, was Erronious. It is therefore
further Considered that the said Thomas Collins recover
against the said John Watkinson his Cost and Charges in this
behalf Sustained to such Value in and by this house shall be
taxed. Yet Notwithstanding the Judgment aforesaid This
house doth not by their said Judgment Determine or intend to
Determine the Title of the Land in Question
The house Adjourn for an hour then sat again
Present
The honourable
Coll Henry Coursey M^r Secretary Darnall
Coll Thomas Tailler M^r Secretary Sewall
Coll Vincent Lowe

Thomas Trueman Esq^r
agt
Thomas Haggleton

Now here at this Day to wit the 31^st
Day of October 1683 Came before this
house the said Thomas Trueman bv