The Lower House.

557

For the Negative.

L. H. J.

M^r N. Smith

M^r Travers

M^r Davis

Liber No. 47
May 27

Heighe

Hopper

Tillotson

Lecompte

Wilkinson

Robins

Which Bill was accordingly Indorsed, " Read the first and second
Time by especial Order, and will pass; " and was sent to the Upper
House by Mr. Wootton and three more.
Mr. William Eilbeck, one of the Justices of Charles County, hav-
ing attended the Summons of this House issued the 2Oth Day of
May Instant, on a Report from the Committee of Grievances and
Courts of Justice, made last Session, relating to a Judgment ren-
dered by the Justices of Charles County in June Court, 1749, against
a certain Peter Dent; was called to the Bar of the House; and the
said Report being read to him, he confessed the Facts therein set
forth to be true; that he was present in Court when the Judgment
was entered; that he was involved in passing the said Judgment, by
the Majority of the Opinions of the said Justices, and omitted enter-
ing any Protest thereto; and that he submitted to the Lenity and
Determination of this House.
Mr. Eilbeck was ordered to withdraw.
The House took into Consideration the Answer of Mr. Eilbeck,
and Resolved, That his Behaviour proceeded from an Inadvertency,
and not from any evil Design. Ordered, That Mr. Eilbeck be again

called to the Bar, and that he be acquainted from the Chair, with the
Sense that this House sustained of his Conduct; and that it be recom-
mended to him to act with more Circumspection in his Station for
the future.
Mr. Eilbeck was called to the Bar, and Mr. Speaker gave him the
following Charge; viz.
Sir,
From what you yourself have declared at the Bar, as well as from
the Report read to you, it plainly appears, that the Magistrates did
not use that Caution which is absolutely necessary, in all Cases for
the due Administration of Justice, which consists in hearing coolly,
fully, and impartially, both Sides of the Question, before they pro-
ceed to Judgment; it being certain, that the Rule of doing Justice is
violated, whenever a Determination is had upon hearing one Side
of the Question only. Fines ought to be made agreeable to the Nature
of the Crimes complained of; and are to be moderated, whenever a
Breach of the Laws have arose by uncommon Aggravation: But of
this you refus'd to enquire, and therein greatly erred; stretching your
Power to the utmost Limits of the Law.
This Honourable House therefore recommends to you more Cau-
tion and Circumspection for the future, and hopes you'll give Occa-

p. 128