358        Provincial Court Proceedings, 1683.

    Liber W. C.  should such Allegations of matter of fact be Admitted (wch matter
                 of fact can have noe Tryall but by a Jury) It will follow that there
                 will be tryails ad Infinitem, and noe Controversie will have any
                 finall determination, And If the plt would have taken any Advan
                 tage in this Case he ought to have Challenged the Juror before
                 he had been sworne as the Law requires
                 (2dly) As to the second that the Jury found for the deft where
                 they should have found for the plt contrary to Evidence Records
                 & Aliegata bene probata The deft sayth that the Law hath soe great
                 a Veneracon for verdicts given by twelve men that it will not
                 Admitt of any allegation to the Contrary of what is soe found by
                 Verdict Haveing its name from Dictum veritatis, the saying of
                 truth, And for the plt to Question the truth of a Verdict is To be
                 frivolous and Ought not to be Admitted in Law:
                 (3dly)--As to the third objection that the Jury were wholly drawne
                 to bring their Verdict for the deft by misinformation and Allega
                 tions false and against Records, The Deft Sayth that there is noe
                 such matter for that the Jury was not informed that the survey
                 of the Lands in Question Claymed by the pits Lessor called Marron
                 and the lands the Deft claymes were surveyed as two distinct par-
                 cells of land at one and the same time and by one and the same
                 surveyr as the plt hath falsely suggested, But true it is that the deft
                 did alleadge that the lynes of Marron could in noe wise be intended
                 to runn over the Creek as was Suggested by the Pit, for that the
                 same Surveyor the same day layd out the land on the other side the
                 Creeke for another man (viz) Champ, wch was then made appeare
                 to the Court and Jury and had been before to the seaverall Juryes
                 upon the land
                 (4thly) As to the fourth that the Jury refused to Admit the oath
                 of Major William Coursey sworne to before the honoble Coll Cour
                 sey The deft sayth that the said Affidavit produced in Court and
                 the matter therein contained was to them Declared, And after a
                 full hearing of either party the said Jurors being upon their oathes
                 Sworne to try the Matter in Controversie Upon mature Delibera
                 tion and weying the Allegations of either party ifound for the
                 Defendt ffor which and for that the statute of the 16th & 17th of
                 the King that Now is Intituled an Act to prevent Arrests of Judg
                 ments hath provided that noe Judgment shall be Stayed or Reversed
                 for any Omission Variance Defects or other matter of like nature
                 not being against the Right of the matter of the suite, The Deft
                 Prayeth Judgment together with his Costs and Damages Sustained
                   Which Reasons And answeares to the reasons aforesaid being
                 read and Argued and by the Justices here fully understood and
                 dilligently examined, It seemeth to the same Justices that the first
                 Reason by the plt in manner aforesaid Assigned, and the matter
                 therein contained is Sufficient in Law to Arrest Judgment Upon the