358 Assembly Proceedings, October 6-November 6, 1725.

L. H. J.

curity for their good Behaviour and if they were tried Con-
victed and punished in any manner Saving Life the same
Reason for securing the publick peace might Subsist as well
after punishment as Before and even after an Acquittal, for
the end of Security for the peace is not to punish Crimes but
to prevent them, and as the preventative Justice is of all
others the most Conducive to the well being of any people,
we hope Your Honours will not Insist on any thing that looks
like depriving us of it. The Case of Criminal Servants fees
and the Act Relating to it, no more Exempts Servants from
being bound to their good behaviour than the Statute of the
4^th of his Majesty deprives his Subjects of having the peace
Secured to them against Convicts, and therefore we think that
Act Concerns not this Argument. We Cannot think a Re-
straint by Imprisonment from Misbehaviour Can be any Evi-
dence of good behaviour unless it be a Vertue in any one not
to do what he Cannot do, and if there were Cause at first to
Committ such persons the Same Cause seems to Continue
without Alteration for it may be presumed some person would
be prevailed with in Favour of Liberty to be their Security in
so small a Sume as is generally Expected on such occasions,

p. 61

were not their Behaviour so notoriously bad that all the As-
surances of Reformation they Could give whilst in Goal Could
not prevail with any to trust them, and if no Single Subject
will trust to their good behaviour for 10^ll or 15^th why should
the whole of every Subjects Moveable Estate as well as per-
son be Exposed to the Depredations of such unruly people?
Where Servants are, Return'd to their Masters after Punish-
ment without Exacting Security it is generally where the
Master or others are not under Ill apprehensions concerning
them. But we hope Your Honours will not Insist on its being
Matter of Right for the Servant to be Exempt from being
bound to his good behaviour because he has Either been
acquitted or Convicted of a Crime tho the Magistrate see
Cause for it, for as we Esteem it to be the Duty of every
Legislature to have a tender Regard to the property of Masters,
we think it much more so to have a Tender Regard for the
preserving the Publick Peace in which not only the Property
of Masters but of everyother Subject is Essentially Concern'd,
and we pray Your Honours to Consider what other Remedy
Can be proposed in the Case that gave Rise to the Bill sent
you. One of the persons Committed is a Servant whose
Master dare not be Security for him, nor dare Suffer him at
Large without Security he having declared his Resolution
to burn his Masters House on his first gaining his Liberty.
The only Remedy in this Case and all such we Concieve to be
to Sell them out of the Province or to such as will be Security
for them. If Your Honours Can propose any better Remedy