170 Assembly Proceedings, April — May 1669.

U.K.
Journal
1659-98

them Committed, where the said Robert Morris (as the said
Jn? Morecroft humbly conceiveth) ought to make his Complaint,
and where the said Jn^o Morecroft is censurable and punishable,
nevertheless if this honble House think fit and do so require
that the said Jn^o Morecroft ought & must answere those rude
& indigested papers so preferred as an Impeachm^t Then the
said Jn^o Morecroft for an Answer thereunto saith
That true It is that there is a Suit depending in the Provincial
Court between the said Jn^o Morecroft Pl^t and the said Rob^t
Morris Defend^t for scandalous Words by the said Robert spoke
against the said Jn^o Morecroft which Words are alledged to be
spoke at the Lord Proprietary's House in Wild street in the
City of S^t Marys in the County of S^t Marys as he humbly con-
ceiveth it is lawful for him to do without any dishonour to our
Sovereign Lord the King, It being an usual Course in practice
so to do in like Cases to which the Def? if he pleases may
Demurr or after Verdict (if any be in it) move in Arrest of
Judgm^t or bring his Writt of Error at his discretion
That the said Jn? Morecroft hath not exacted any Fees be-
yond the Laws and Customs of this Province for he saith that
before the Settlement of the Court & since all persons did &
were left to agree with their Attornys at what Rates they could
in which the s^d Jn^o Morecroft hath done no more than what
was done & practiced by others both before & since his coming
into this Province
And further saith that it is a Prerogative invested absolutely
in the Lord Proprietary to appoint Constitute & settle Courts
of Judicature within this Province who accordingly did Consti-
tute the Provincial Court by the name of the Justices of the

p. 141

Provincial Court & did Constitute the honourable the Lieuten-
ant General chief Justice thereof by Virtue of which he did
appoint Attornys & other Officers of the said Court but by
reason that the said Fees due to the Attornys was settled by
Act of Assembly in the Secretary so that they could not settle
the Fees of the Attornys till that Act of Assembly was taken
out of the way which could not be till an Assembly could be
Called gave Liberty to the Attornys to proceed as they had
done formerly in taking such Fees as they and their Clients
should agree for And as to that of the Agreement in gross
with any person for a Year with such who desired the same It
is well known to this honourable House that it is a thing prac-
ticed in England and lawful to be practiced here being no Law
to prohibit the same And the said John Morecroft further saith
that he was Attorny for the said Tobias Wells in an Action of
Debt brought by him the said Tobias against Jn^o Wright &
Mary his Wife Admin^rx of the Goods & Chattels of Barthol-
omew Glevin dec^d in which Cause Judgm? was obtain'd by