Provincial Court Proceedings, 1683. 357

     next Provinciall Court to Assigne his Reasons for Arresting the          Liber W. C.
     same. And It is granted unto him And the Same day is given to
     the said Collins also:
      Now here at this day (to wit) the Second day of Aprill in the
     Eigth yeare of the Dominion of the Right honoble Charles Lord
     Baltemore &c. Annocp Doni 1683 Came the said partyes by their
     Attorneys aforesaid And the said John Watkinson offereth to the
     Court here his reasons for Arresting the Judgment aforesaid
     are as followeth Viz
             Reasons to Arrest Judgment in this Cawse.
     (1st)---The Jury at Barr Impannelled in this Cawse was not of
     good and Lawfull men to try ye issue according to Lawe ffor that
     Evan Carew one of the Jury is an Alien not Naturalized, And
     Aliens by the Law cannot be returned of Juryes nor Sworne for
     the tryall of Issues betweene the King and the Subject or betweene
     subject and subject Soe that this is not a faire and legall tryall
     (2dly)--Had the same been a lawfull Jury Yet the said Jury have
     Contrary to Evidence Records and Allegata bene prohata found
     for the deft whereas they ought to have found for the ptt
     (3dly)--The Jury were wholly drawne to bring in their Verdict
     for the deft by misinformation and allegations false and against
     the Records as may appeare, ffor they were informed that the
     Survey of the lands in question Claymed by the plts Lessor called
     Marron and the land the Deft Claymes were surveyed as two dis
     tinct parcells of land at one and the same time and by one and the
     same Surveyr wch is altogether untrue as by the Certifficates may
     appeare they were done at Seaverall times and by seaverall Sur
     veyors and the plts is the older Survey by five yeares.
     (4thly)---The Said Jury contrary to the directions of the Court
     refuse to admitt of ye Evidence of Major Wm Coursey Sworne to
     before The honoble Coll Coursey one of the Justices of this Court
     And owned to the sheriffe and Jury at the last survey as appeared
     by the sheriffes Certifficate & Oath, And Yet they take notice of a
     Certifficate of Some men of a former Jury upon the land against
     Mr William Coursey's Oath wch Certifficate can be noe Evidence in
     any Court of Record
      And for the reasons aforesaid the plt prayes the said Verdict may
     be Quashed, and that a New Tryali at barr may be Awarded
      And the said Thomas Collins by his said Attorney fileth his
     answeres to the Reasons aforesaid which are as followeth Viz
     (1st)--As to the first that the Jury Impanneiled to the said Cause
     was not good and lawfull men for that Evan Carew one of the Jurors
     was an Alien, It doth not appeare by any thing in the Record that
     the said Allegation that the said Evan Carew is an Alien be true
     There being nothing to be Admitted in Law for Arrest of Judg
     ment but what doth manifestly appeare upon Record to be true ffor