136 Assembly Proceedings, August—September 1681.

U. H. Journal
1659-98

Subvert the Government, and for this was Committed, being
Sworn against by Severall Witnesses and cannot be Tryed till
next Provincial Court to which he Stands Bound So that upon
the whole matter his Lordship and this house do hope and
Expect that the Lower house will not think So Scandalous a
Person and so great a Disturber of the Peaceable Governm^t of
this Province fitt to Vote in the Lower house or be accounted
a Member thereof till Cleared by the Provincial Court
Signed p^r Order p^r John LLewellin Clerk of Assembly—

Sent to the Lower house by the Secretary and the Surveyor
General who have also in Charge to acquaint the Lower house
with Some Scurillous Language used by the said Coode to the
Iustices at the County Court (besides what is Contained in the
Paper) Viz^t they requiring him to give Security in bond of one
hundred pounds he told them it was more than they were all
worth, And that they were a Company of fools, and he was the
head of them; The Secretary and Surveyor General having
accordingly Delivered their Message return again into this
house—
The Petition of Samuel Holdsworth again read and thus
Underwritten Viz^t—

Upper house August the 26th 1681
This house read the Bill Exhibited by the Petitioner and
return it to the Lower house Desiring them to take the Exam-
ination of the Witnesses as is prayed if they think fitt to take
the Bill in hand ;
Signed p^r Order p^r John LLewellin Cl of Assembly.

A Message from the Lower house by M^r Carvile and M^r
Wells to acquaint this house that the Lower house do not
think the Accusation of Captain Coode Sufficient unless
Strengthened by Evidences which they humbly request may
be done in their house this Assembly—They returned and an
Answer to be Sent them by a Member of this house—

Upper house of Assembly 26 Aug^t 1681—
This house do say that Captain Iohn Coode is not Com-
mitted as a Member of the Lower house, nor for any Crime
Committed in the house, that the Lower house can try no
Crime Committed out of their house nor Examine any Wit-
ness upon Oath so that Captain Coode ought to Stand and
fall by the tryall of the Provincial Court to which he is Bound,
and we hope the Lower house will not think fitt to insist further
upon any thing tending to his Admittance to Vote in their
house till a Iury of Twelve men have quitted him upon hear-
ing the Evidence—

p. 3'4

Signed p^r Order p^r Iohn LLewellin Cl of Assembly