46 Assembly Proceedings, October 11-27, 1720.

U. H. J,

The following Message Prepared Viz.

By the Upper House of Assembly

Oct^r 26^th 1720
Gentl. As to the Aggrievance relating to the Clerks of
Indictm^ts we are Informed by the Attorny Generall that
there have been Complaints to him from sev" Countys that
Malefactors frequently go unpunished in their Courts for
want of their being duely Prosecuted by the Clerks of Indict-
ments whose failures they Impute to their Incapacities and we
are further Informed that such Practitioners as are the most
Capable to Serve the Governm^t in those Stations Absolutely

p. 78

Refuse to Accept the employ for want of a Reward Suitable
to their Services & that none but young and unexperienced
Practitioners are willing to undertake that Office which they
Chiefly do as an Introduction to further business so that if we
Concurr w^th you in Reduceing or Restraining the fees you
Mention as an Aggrievance the Consequence must Inevitably
be the Encouragement of Offenders who will yet the more
Easily Escape Punishm^t for want of an Understanding Prose-
cutor w^ch we doubt would be found the much greater
Greivance
Gentlemen. We are Sorry if any Cause has been given you
to Represent the members of this house that are Judges in
the Provinciall Court as any grievance to the Publick by
their Sitting there as seems Suggested by your Message and
Representation relateing thereto. But we rather Believe you
take the hardship to be in Respect of those few suitors that

P. 79

may happen to Appeale to the high Court of Appeales in Case
the same Judges should Sitt to hear and give their Voices in
such Appeale and takeing it to be so we observe to you that It
Ever has been the Constant Practice to the Best of our
Remembrance for such of the Court of Appeals as had Satt
on the Determination of any point of Law in the Provinciall
Court to forbear giveing any Voice in the Court of Appeales
in such Case And We Cannot Advise his Hon^r the Gov^r (in
whose Breast It solely Lies) for the Sake of these few Appel-
lants that happen, and as you may Perceive are unprejudiced
by the psent Constitution to Deprive the Publick of the Benne-
fitt of the Gentlemens Service in the Provinciall Court that
belong to this House who we believe as they are of the Longest
Standing in that Court may be allowed to be of the most Ex-
perience in the Law and Practice there and tho the memb^rs of
this house that Satt there seem very Desirous to be Excused

p. 80

from such a Tedious attendance yet we cannot think it Con-
sistent with the Welfare of the pvince that they should be