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

U. H. J.

the Usage of England as it was practised in the Adminis-
tration of Justice on the Circuits which is the thing now under
the Consideration 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 proposed to you had any other thing
in View than what Strictly Related to the Administration of
Justice upon the Circuits lately established and now About
to be Regulated in the practice thereof within this province
Thirdly We are still of opinion that a General Restraint
upon the Judges of Oyer and Terminer from trying any of
the matters Cfiminall which are cognizable in the County
Courts may be of evil consequences For as we could never
have Imagined that the Judges upon the Circuit altho' they
had lain under no such Restraint would ever have suffered
themselves by the hearing of Petty Offences to have been
Interrupted in the trying 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 all such cases. However we are willing to joyn with
you in restraining their Jurisdiction to such cases only as
shall seem necessary or doubtful 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
lessening the usual fees upon the Prosecution which is always
lookt upon to be a part of the Punishment justly due to Of-

p. 137

fenders The Judges we are Confident will always avoid the
Hearing of any other Criminal Cases than such as shall be
thought necessary Wherefore we are of Opinion that to
lessen the fees given by Act of Assembly in such cases would
be an Indulgence of the Legislature which ill People have no
manner of Title to.
Fourthly. We concur with your House that Tryalls at the
Bar where the nature of the case and the furtherance of Jus-
tice evidently require it may be allowed of with a Saving to
all parties accus'd the Benefit of Writts of Removal & Trials
in the Provincial Court or before the Justices of Oyer and
Terminer and Goal Delivery as the nature of the case may
require with which Alterations & Amendments the Bill will
pass.
Signed p Order Samuel Skippon Cl Up Ho.

Sent the Above message together with the Bill by James
Bowles Esq^r
A Bill from the Lower House of Assembly by M^r Tyler