The Lower House. 193

M^r Matthews from the Committee of Aggreivances and Courts
of Justice delivers M^r Speaker following Report.

By the Committee of Aggreivances and Courts of Justice
May 15^th 1738.

Your Committee having received information that the Honourable
Henry Hooper and Stephen Knight Esq^rs two of his Lordships

Justices of the Provincial Court being appointed to ride the Circuit

on the Eastern Shore, at the Court of Assize held for Talbot County,
at the said County Court House in April last past being and judi-
ciously Sitting, did receive a presentment of their Grand Jury of
in'quest against several of the Justices of the same County Court, for
that They the said County Justices had refused to issue Subpena's
at the request of the Grand inquest at the Court held for the said
County in the month of March last past (as will more plainly appear
by the Presentment herewith brought into this Honourable House)
which Presentment the said Henry Hooper and Stephen Knight did
not only quash, but on an Application of the then grand inquest for
subpeneing three or four Witnesses by whose. Evidence they the said
Jurors might inquire into the truth of certain Offences (said to be
committed in that County) against the good rule and Government of
this Province, One whereof being supened and sworn did refuse to
send to said inquest, and others to summon, telling- the said Jurors
they must advize with his Lordships Prosecutor and inform him of
the facts and Persons of which and against whom their Inquiries
were levelled, Otherwise They the said Jurors should have no Evi-
dence, that the then Jury conceiving such an Information would be
a Manifest breach of their Oath, did inform the said Justices of
Assize that then They could proceed no farther, notwithstanding
which the aforesaid Justices did persist in their refusal. All which
practices your Committee conceive to be not only an Omission of
the duty of their Office, but an invasion of the Rights and Liberties of
his Majesty's Liege Subjects of this Province and particularly on
that part the Trial by Juries, and therefore submit them to the Con-
sideration of this Honourable House.
Signed p Order of the Committee Tho: Lynn Cl.

We the Grand Jurors for Talbot County upon Our Oaths do
present Thomas Bozman, Rizdon Bozman, John Leeds, Anthony
Richardson and John Robins, they being the Major part of the
Justices of the County Court then Sitting, for that They at the Court
held for Talbot County aforesaid March last past then and there
judic^lly sitting as Members of the same Court and Application being
made to them to issue Summonses for witnesses by the then Grand
Jury who were on Enquiries pursuant to their Oaths and Charge, the
aforenamed Justices did refuse to issue such summons's to the great

13

L. H. J.
Lib. No. 45