January Session 1749

Representation of the Justices
of the peace of Middx to the Judges
agt. an Order made by the Court of
Goal Delivery at the old Baily

To the Right Honoble Sir William Lee< no role > Knt . Lord Chief Justice of the Court of Kings Bench To
the Right Honoble Sir John Willes< no role > Knt . Lord Chief Justice of the Court of Common pleas Sir
Thomas Parker< no role > Knt . Lord Chief Baron of the Court of Exchequer and to the rest of the Justices
and Barons of the said Courts.

The Memorial and Representation of his Majestys Justices of the Peace for the
County of Middx in General Quarter Sessions assembled on the eighteenth day of
January 1749.

That by a Rule or Order made some years past and still in force at a Sessions of General Goal
Delivery holden for the County of Middx at Justice Hall in the Old Baily no Bill of Indictment
found at the General or Quarter Sessions's held at Hicks's Hall and sent from thence to the said
Court at the Old Baily is to be received there if not sent down by or before two of the Clock of the
second day of the Sitting of the said Court And that such Rule might as much as possible be
observed and complyed with we have from time to time recommended it to the Justices of the Peace
to inform the Prosecutors of this Rule on every Commitment they shall make to appear and
prosecute at the beginning of the Sessions and also directed the Grand Jury as soon as they
are sworn to proceed on the Felony Bills first But as the Observance of this Rule is attended
with many Inconveniencies to the publick and this Method taken by us has not and we find
will not avail to remove them we have thought proper to lay the same before your Lordships
and to submit to your Lordships whether such Rule ought not to be set aside or at least varied
We shall not presume to examine into the legallity of this Rule but beg leave to
enumerate to your Lordships several Inconveniencies attending the observance of it and
that publick Justice may be in some measure obstructed by it

1st.

That if Bills found at the Sessions here are sent down to the Court at the Old Baily and not
there received the party is discharged though the Bill is found and the Criminal at full
Liberty to go where he pleases

2.

The Observance of this Rule gives Room to make up Felonies for if on the Prosecutors.
Evidence given to the Grand Jury the Bill is found and the Court at the Old Baily will not
receive the Bill nor try the accused but set him at large the Prosecutor hath fulfilled his
Recognizance and next Sessions he may not be inclined to see after the Criminal or if the
Prosecutor before the Sessions be disposed to make it up he will not come before the Grand
Jury till Thursday< no role > Evening or Friday Morning when he knows the Court at the Old Baily
will not receive the Bill when found and though he is consenting to the Criminal's discharge
yet he will have fulfilled his Recognizance by which means the Law to compell the Prosecutors
to enter into Recognizances may be entirely frustrated and encouraagement may be hereby
given to the wicked and infamous Practice of taking money to compound Felonies and Capital
Offences because by this means it may be done with Impunity.

3.

Supposing the party accused to be innocent and expecting or perhaps knowing the Bill
is found has got his Witnesses ready to prove his Innocency if his Trial should be put
off because the Bill was not sent down by the time prescribed by this Rule it may be
difficult for him to get his Witnesses mother Sessions if then living and though he be
delivered by Proclamation for want of Prosecution at the General Goal Delivery yet a
malicious Prosecutor may on the Bill being found at Hicks's Hall though not received at
the Old Baily compell the Clerk of the peace to grant a Certificate soon after such Session
that such Indictment was found on which Certificate one of your Lordships or one of the
Justices of either Bench as well as a Justice of the peace on Application for that