172 Assembly Proceedings, April — May 1669.

U. H
Journal
1659-98

Attorney upon that Retayner to do and if the said Tobias
Committed any Trespass or Wrong by colour of the said Exe-
cution by undue & the illegal Serving the same whereby the
said Jn^o Wright had matter and Cause of a new Action he
humbly conceives it was lawful for him the said Jn^o. Morecroft
to be retained by the said Jn^o Wright as his Attorny to seek
for the Redress of the same and so much the rather for it was
one part of the Oath of an Attorny that he shall do no Wrong
nor suffer any to be done to the Scandal of the Court but if
he know of any shall make the same known to the Justices of
the said Court, Now this being done by Colour of the said
Writt in an illegal & undue manner He humbly conceives he
was bound by his Oath to see the same redressed And the s^d
John Morecroft further saith that if he offend in such manner
as in the third Article of his Impeachment It is Charged to be
a Crime Yet as Attorny and Minister of the Provincial Court
the Matter was & is only examinable & punishable by the hon-
ourable Justices of the Provincial Court Who are his Masters
and to which Court he is a Minister, All which Matters and
Things the said John Morecroft is ready to averr and prove
and prayeth to be dismissed this honourable House with his
Costs and Charges by him in this Cause unjustly Sustained
Signed John Morecroft

p. 143

Upon the hearing of the Impeachment against John More-
croft Gent this House do Vote that the Impeachment ought to
have been directed to the Upper House not to the Speaker of
the Lower House
2 That Robert Morris nor any other single Person whatso-
ever cannot in the name of the Commons of Maryland prefer
an Impeachment to either House
3 That the Lower House have permitted a Breach of their
own Privileges in admitting an Impeachment of one of their
Members who was Entrusted by the Commons of Maryland,
by a single Person who is no Member of this Province & no
ways Employed by the Commons of Maryland
To the first Article of the pretended Impeachment this
House doth further Vote that the said Jn^o Morecroft hath fully
Answered and that it is no Crime to alledge Wild Street to
be in the City of S^t Mary's since if it be illegally done he the
said Morris may demurr or move in Arrest of Judgment or by
Writt of Error
To the second Article this House doth declare that they
know no law by which Attornys' Fees for pleading and Council
are Settled so that it is impossible the said Morecroft should
be guilty of the breach of them
To the last Article relating to Tobias Wells and Jn^o Wright