148 Assembly Proceedings, October 6-November 4, 1724.

L. H. J.

Circumstances of this province For in that which was noted
upon the Back of the Bill we had no regard of what was

practiced upon Speciall Commissions & Writts of association,
whereby some other persons at the King's pleasure were
Joyn'd with the Judges in Judicature, but we therein had
respect to the usages of England as it was practic'd in Ad-
ministracon of Justice on the Circuits; which is the thing now
under the consideracon of both Houses, so that you must
give us Leave to say that your House was mistaken If you
apprehended that we in what was then propos'd to you had
any other thing in view then what strictly related to the Ad-
ministracon of Justice upon the Circuits lately Establisht
and now about to be regulated in the practice thereof within
this province
Thirdly, We are still of opinion that a Generall Restraint
upon the Judges of Oyer and Terminer from trying any of
the Matters Criminall which are Cognizable in the County
Courts, may be of Evill consequence; for as we could never
have Imagined that the Judges upon the Circuits altho' they
had lain under no Restraint, would ever have suffered them-
selves, by the hearing of petty offences to have been Inter-
rupted in the trying of matters of Consequence, and such
Causes as were necessarily Determinable before them, So we
believed that their own discretion would have been a rule to
them in such Cases. However we are willing to Joyn with
you in restraining their Jurisdiction to such Cases only as
shall seem necessary or doubtfull and where the offenders
are notorious But we must Likewise Represent to you that we
see no reason for Encouraging Roguery of any Sort, by less-
ening the usuall ffees upon the prosecution which is always
lookt upon to be a part of the punishm^t Justly due to offenders.
The Judges we are confident will always avoid the hearing of
any other Criminall Cases then Such as shall be thought
necessary, wherefore we are of opinion that to lessen the
ffees given by Act of Assembly in such Cases would be an
Indulgence of the Legislature which ill people have no man-
ner of Title [to.]

p. 169

Fourthly, We Concurr with your House, That Tryals [at
the] Barr, where the nature of the Case and the furtherance
of Justice Evidently require it, may be allowed of with a Sav-
ing to all parties accused the benefit of writts of removall and
Tryalls in the Provinciall Court or before the Justices of
Oyer and Terminer and Goal Delivery as the nature of the
Case may require with which alterations and amendm^ts this
Bill will pass
Sign'd p ord^r Sam^ll Skippon Cl. Up. Ho.