But he says he most feared, that as the best of the magistrates were but mean people, and not used to be subject to any government, they would be obedient to orders given them, no longer than they had a superior amongst them. He says, that he and _Lord Vere_ had done many acts of justice to the inhabitants and planters, particularly at _Placentia_, where they restored several plantations that _Colonel Gledhill_ had unjustly possessed for several years; and many more might have been taken from that officer, had the real proprietors been on the spot to sue for them[48]. [Sidenote: Opinion on raising money by the justices.] When _Lord Vere_, and _Mr. Osborn_, returned to England, they made a report of what they had done; in order to be ascertained of the ground on which they acted, they wished the opinion of the law-officers might be taken on some points, and four questions were accordingly referred to the attorney-general, then _Sir Philip Yorke_. The main point was the levying money for building the prisons; and the attorney-general was clearly of opinion that the justices of the peace in Newfoundland had not sufficient authority to raise money for building a _prison_, by laying a tax upon fish caught, or upon fishing-boats; the rather because Stat. 10 & 11 Will. 3. directs that it shall be a free trade. The power of justices of the peace in England for building gaols depends, says he, upon Stat. 11 & 12 Will. 3, c. 19. by which they are enabled to make an assessment upon the several divisions of their respective counties, after a presentment made by the grand jury at the assizes, great sessions, or general gaol delivery. As the justices of peace were by their commissions, to act according to the law of England, he apprehended they ought to have pursued that act of parliament as nearly as the circumstances of the case would admit, and to have laid the tax, after a presentment by some grand jury; and then it should have been laid upon the _inhabitants_, and not upon the _fish_ or _fishing-boats_. So far as the people had submitted to this tax, there might, he said, be no occasion to call it in question; but he could not advise the taking of rigorous methods to compel a compliance with it. As to assaulting any of the justices or constables, or any resistance to their authority; that, says he, might be punished by indictment, fine, and imprisonment at the quarter sessions; and for contemptuous words spoken of the justices or their authority, such offenders could only be bound to their good behaviour. Destroying the stocks or whipping-posts were indictable offences. He was of opinion the justices could not decide differences relating to property, their power being restrained wholly to the criminal matters mentioned in their commission.