116 Assembly Proceedings, August—September 1681.

U. H. Journal
1659-98

and of Matters (though heinous) yet too general for us to find
out wherein Our Member hath Incapacitated himself from Con-
tinuing in this house as a Member thereof Therefore this
house being resolved as they Conceive themselves in Duty
bound to Comply with his Lordship in all readiness and the
Upper house in all things where the Rights and Priviledges of
this house may be Secure Do Humbly desire to know wherein
or by what Act or Means Our said Member hath Disabled or
rendered himself Jncapable of having his Place in this house
whereby (as not knowing any other Safe Rule) they will give
Your Honours all further Satisfaction
Signed p^r Order of house
C: Boteler Cl Assistant of the Lower house of Assembly

Upper house of Assembly 19th Aug^t 1681
Treason or breach of the Peace Disables any Member of the
Assembly from Sitting in the Assembly, Cap^t Iohn Coode is
Accused for breach of the Peace upon Oath and Stood Com-
mitted for the said Breach and is still Prisoner to his Baile who
may Deliver him up when they will if they fear the Breach of
his good Behaviour which includes the Peace and more, And
therefore this house do Conceive the said Coode is not capable
to Sitt in the Lower house of Assembly till he hath Purged
himself at the Provincial Court where only he is Tryable and
where he is Bound to come in Order to his Tryall Neither can
his Baile be other wise Discharged unless the Lower house
will go directly Contrary against the known Law which
ought to be their Rule as well as the Rule of this house,

p. 297

Neither do this house think that the particular Acts of his
Breach of the Peace ought to be Divulged before they are
brought in an Jndictment before a Petty Iury Even all Grand
Iuries themselves being Sworn to keep his Lordships Council
their fellows and their own Secret—
Signed p^r Order John LLewillin Cl of the Assembly—

Wherewith Col Coursey is Sent to the Lower house with
Order also from this House to acquaint the Lower house that
to Save the Trouble of Messages in writing This house by
word of Mouth did desire a Conference with the Lower house
in Relation to their Address to his Lordship
which having performed Col Coursey Returns again into
the house
This house finding the State house by the Negligence of
Iohn Bloomfield late Cryer of the Provincial Court hath been
wholly Neglected to be Swept and kept clean for Provincial
Courts and other Publick Meetings in Contempt to an Order
of his Lordship and Council in that case passed, Ordered that