The Lower House. 103

Malefactors frequently goe Unpunished in their Courts for
Want of their being duly Prosecuted by the Clerks of Indict-
ment, whose failure they Impute to their Incapacities and
we are further Informed that Such practitioners, as are the
most Capable to serve the Government in those Stations Abso-
lutely Refuse to Accept of the Employ for want of a Reward
suitable to their Services, That none but Young unexperienced
Practitioners are willing to undertake that Office w^ch they
Chiefly do as an Introduction to further Business.
So that if we Concurr with you in Reduceing or Restrain-
ing the frees you mention as an aggrievance, The Conse-
quences must Inevitably be the Encouragement of Offenders
who will yet the more Easily Escape Punishment for want
of an Understanding prosecutor, which we Doubt will be
found the much greater Aggreivance of the two.
Gent. We are Sorry if any Cause has been Given you to
represent the members of this House that are Judges in the
Prov^l Court as any Agrievance to the Publick by their Sitting
their as Seems Suggested p your Message & Representacon
relateing thereto, but we rather believe You Take the Hard-
ship to be in respect to those few suitors that may happen to
Appeal to the High Court of Appeal in Case the same Judges
should sitt to hear and give their Voices in such appeal, and

L. H. J.

Taking it to be so, we observe to You, that it has ever been
the Constant practice to the best of our Remembrances for
such of the Court of Appeales as had Set on the Determina-
con of any Point of Law in the Prov^l Court to forbear Giving
any Voice in the Court of Appeals in such Case and We Can-
not Advise his Hon^r the Governour (in whose Breast it Solely
lyes) for the Sake of those few Appellants that happen (and
as you may perceive we are unprejudiced by the present Con-
stitution) to deprive the Publick of the Gentl Service in the
Prov' Court that belong to this House, Who we believe, as they
are the Longest standing in that Court may be Allowd to be of
the most Experience in the Law and Practice thereof, And
tho' the members of this House that sit there seem very
Desirous to be Excused from such a Tedious Attendance Yet
we Cannot think it Consistent with the welfare of the Prov-
ince, that they should be Indulged therein Especially since they
seem fully Convinced of their Duty to Serve the Publick in
whatsoever Station the Governour is Pleased to place them.
Signed p Order Joh Beale Cl: Up^r Ho :

Which being read, the ffurther Consideration thereof is
Referred to the next Session.
Coll^o Tilghman from the Upper House Delivered

p. 49