The Lower House. 135

fore propose that a Reviving Bill be prepared to revive it for
a Longer Time
Sign'd p order Sam^ll Skippon Cl Up Ho :

Thereupon Resolved that a reviving & Supplementary Bill
be prepared to the said Act.
On reading the Endorsm^t on the Supplementary Bill to the
Act for Tryall of all matters of fact in the Countys where
they arise the following message is prepared Viz :

L. H. J.

By the Lower House of Assembly Octob^r the 24^th 1724
May it please yo^r Honours
In Answer to your objections to the Supplementary Bill to
the Act for trying matters of ffact in the Counties &c^a We
desire your Honours to consider first, that Bills of Exceptions
are only the Reducing matters given in Evidence to writing
while they are fresh in the memory of the Judges; which (we
conceive) cannot possibly be attended with any Inconve-
nience; but on the Contrary the Judges will have an oppor-
tunity of deliberately considering what the Law is upon such a
fact, and by that means prevent the mischieff, that may

happen either by the Jury's mistaking the weight & Effect of

the Evidence, their taking upon them the Determination of
Matters of Law (which they are not Judges of) and mis-
taking the Law, and the precipitancy of the Judges them-
selves; any of which may be the ruin of an Innocent man and
his family, or the means of a guilty persons escaping Just
punishm^t Besides as it is the duty of the Judges to see that
nothing but truth be inserted, so it is the Duty of the Attorney
Generall or other Councill concern'd for his L^pp to see that
the Bills of Exception are regularly drawn. Secondly That
the allowing the associates Voices in Criminall Cases, is so
far from being an Innovation in the Brittish Constitution
(w^ch ought to be o^r pattern) that it is exactly agreeable to it
as appears by the fforms of the Commissions & writts of
Association. Thirdly, That the motives inducing this house
to desire the Justices of Oyer and Terminer should not Try

matters of ffact within the Cognisance of the County Courts

are first to p^rvent the s^d Justices being hindred to proceed in
matters that must be Determined before them, and secondly
to lessen the Expence of poor people that may be either un-
justly accused or be Ignorant Transgressors, which we hope
may be provided for by a Clause in the Bill that nothing
Tryable by the County Court should be Tryable else where
Except in Cases of necessity or Doubt and that in all such

p. 160