The Upper House. 265

to fill a long Message with reflections upon the Subject of Use-
ing the word Obstinate, which we think however to have been
very properly applyed to the Substance of Your message
wherein you tell us that a Support was Evidently rais'd for
us, yet Confess in the same Message As also in the Message
of October the 25^th 1723 that we cannot possibly come at it
Signed p order Geo Plater Cl Up Ho.

Which was sent down by Benjamin Tasker Esq^r who says
he Delivered it

On reading the Message Yesterday by M^r Kirk and M^r
Walter Smith the following Answer was prepared viz.

By the Upper House of Assembly Nov^r the 3^d 1725
Gentlemen.
Whether our Message of November the 2^d conerning the
Bill relating to Imprisoned Servants be foreign to the Sub-
ject under Consideration betwixt us or not, we shall not at
this time enter into any further debates with you, but if you
believe us to be of Opinion that Servants in this Province tho
Suspected of some misdemeanors are not in prudence and
discretion to be lookt upon as persons of ill fame within the
meaning of the Statutes and to be proceeded against Accord-
ingly, you are in the right for we are so; and that for the fol-
lowing reasons, first persons of ill fame in generall are such
who are at their own Disposall and have no place of residence
nor can give a good Account how they subsist; against those
the Laws do well provide, but Servants here are not such, for
they have a being and are not at their own disposeing but are
the property of their Masters, and if Masters should be
Obliged to give Security for the Behaviour of their Servants
no man would be secure of his Property in such Servants, for
either through the Inclination of the Servant to Change his
master; or the designs of an ill neighbour or the resentments
of a prejudiced Magistrate (for such there may be) they
might be taken up as persons of ill fame; and then the Master
must change Circumstances with his Servant or lose him, for

U. H. J.
p. 95

if he becomes bound for his good behaviour he must not diso-
blige him, and if he does not the Consequence is Obvious
Secondly Persons of ill Fame in particular are such as have
Committed some Crime for which they may be prosecuted;
and in this Case Servants are not Exempt but may be Im-
prisoned Prosecuted Convicted and punished and in such
Cases we have an Act of Assembly that particularly provides
for their Enlargement and sure it is worthy our Consideration
that that Act has so great a regard to the property of the

p. 96