The Lower House. 407

Suspected of some Misdeamenours are not in prudence and
Discretion to be lookt upon as persons of Ill fame, within
the Meaning of the Statutes is Contrary to the Judgments
and Resolutions in all those Books from whence alone Your
Honours Can be Informed of what the Law is Concerning the
Peace and good behaviour.
Your Definition of Persons of Ill fame, in what you are
pleased to Assign as your first Reason is too narrow to be a
Generall Definition and as to what you are pleased to Offer
as Instances to Support it, they Require only Reading.
Your second Remark Concerning Servants can never make
any Alteration in the Law for freemen. If a Housekeeper
may be obliged to give Security for his Inmate, why not for
his Servant. If a man may not keep a Dogg accustomed to
bite Sheep, why Must he be protected in the keeping a Man
accustomed to break Houses without giving Security for his
Good behaviour. If a Man that keeps Ill Company may be
bound by the Discretion of a Magistrate to his good behav-
iour, why not the very Master himself that keeps such Ser-
vants as are a Terror to the Neighbourhood they live in. If
a Servant May never be bound over to prevent his breaking
the Peace, Why should a Freeman be in a Worse Condition.

L. H. J.

If a Servant May not be Committed, till he has Committed
a Crime, what becomes of Preventative Justice. Realy
Gentlemen as You have profess'd your selves at a Loss on
Severall Occasions this Sessions, we believe you will find
Your selves also at a Loss to find Law to Support the positions
of Your aforesaid Message. We humbly pray your Honours
to be better advised for the future in such Matters before you
Communicate your Thoughts thereon to the Publick.
Sign'd p Order Mich: Jenifer Cl. Lo: Ho :

Which was sent to the Upper House by M^r Stoddard and
M^r Tilden
They Return and Say they delivered it.
An Engrost Bill for Laying the Publick Levy was Read
and Assented to and was so Endorst.
And the following Message sent to the upper House by
M^r Stoddard and M^r Courts

By the Lower House of Assembly

Novem^r the 6^th 1725
May it please Your Honours.
It appearing by the Journals of this House in 1722 and

p 104