The Lower House. 651

menced in the provintiall in the Severall Countys where the
facts shall Arise, will be the best Expedient that Can be
thought of to remove the Inconvenience, Complained of, and

L. H. J.

the most Agreable to our Constitution for the following
reasons.

I^st That it is Agreeable to the Manner of proceeding in

Like Cases in England where (by Severall hundred years
Experience) tryalls by the neighbourhood (who must Cer-
tainly be most Connusant of the fact) has been found to be
the greatest Security of the peoples Lives fortunes, liberty and
reputations, as well as the surest Method of bringing Crimi-
nalls to Justice and Exactly Agreeable to the ninth Chapter
of Articuli Super Chartas wherein it is Expressly provided
that every Sherriff or Bailiff should put on Inquest, such as
be next neighbours most Sufficient and Least Suspicious on
pain of paying Double Damage and being Greviously amerced
to the King.

2^dly That altho the Alteration -pposed may probably In-
crease the publick Charge About thirty thousand pounds of
Tobacco according to the Estimate Annext, that as the At-
tendance of Jurors Evidences and Suitors, will be much
Shortned, the Cost will be Lessened in proportion, besides
the Convenience of bringing the tryalls home to the peoples
doors, and saveing the fatigue and Expence of personall At-
tendance at the Provintiall Court (which as the Courts are
Established happen in the busy Seasons of the year and Con-
sequently when it is the more prejudiciall to the people to be
from home) will make Ample Amends for the Increase of the
publick Charge.
3^d That when tryalls are in the neighbourhood where the
facts arise, there's Less danger of false testimony prevailing
then where the Contending parties, Jurors and Wittnesses
are strangers to One another; this Circumstance is of very
great weight and worthy Consideration as Appears in S^r
Mathew Hales History of the Common Law of England
where treating of these Sort of Tryals, he has these remark-
able words " And further the very quality, Carriage, Age, Con-
dition Education and place of Commorance of Wittnesses
is by this means plainly and Evidently set forth to the Court
and the Jury whereby the Judge and Jurors may have a full
Information of them, and the Jurors as they see Cause may
give more or Less Creditt to their Testimony, for the Jurors
are not only Judges of the fact, but many times of the truth
of the Evidence and if there be Just Cause to disbelieve
what a Wittness Swears they are not bound to give their
Verdict According to the Evidence or Testimony of that

p. 52