652 Assembly Proceedings, September 23-October 26, 1723.

L. H. J.

P. 53

Wittness; and they may sometimes give Creditt to one witt-
ness tho opposed by more than one and Indeed it is one of the
Excellencies of this Tryall Above the tryall by wittnesses that
altho the Jury ought to give a great regard to Wittnesses
and their testimony yet are they not always bound by it but
may upon reasonable Circumstances induceing a blemish upon
their Credibility tho otherwise in themselves in Strictness
of Law they are to be heard, Pronounce a Verdict Contrary to
such Testimony the truth whereof they have reason to Sus-
pect and may and do Often pronounce their Verdict Upon
one Single Testimony." The Advantages mentioned by that
great & famous Judge Attending tryalls by Jurors Cannot
possibly be had, but where the facts are tryed where they
happen and where the Jurors partys and Wittnesses are
known to One Another.
The Conferrees are of Opinion that it would be Convenient
(in order to Lessen the publick Charge) to Reduce the number
of Provintiall Justices to Six.
That no person be Exempt from Serving on Jury that is
Legally Quallifyed but Councellors Clergymen Magistrates
Assembly men and Constables
The Conferrees are also of opinion that if the Judges be
Appointed on Each Side of the Bay as proposed they should
begin to go their Circuits the beginning of Aprill and begin-
ning of September Yearly, and that the Provintiall Court
should sitt About the 20^th of May and 20^th of October Yearly.
Signed p order George Plater Clk.

With which this House Concurrs.
And thereupon the following Message is prepared viz.

By the Lower House of Assembly October the 15^th 1723.
May it please Your Honours.
We have read the report of the Conferrees Concerning the
Great Delay of Business in the Provinciall Court occasioned
by the Length of time taken up in the tryall of Criminalls
and to propose a Method to Ease the people of that Inconve-
nience and Concurr therewith and desire to Know whether
your Honours will Agree with us therein that a Bill may be
prepared According to that Report
Signd p Order M. Jenifer Cl Lo. Ho:

Which was sent to the Upper House by the Gent Con-
ferrees

They return and say they Delivered it.