252 Assembly Proceedings, Nov. 29-Dec. 15, 1708.

U. H. J.

By the House of Delegates December the 14th 1708

In answer to your message by Col Greenfield and Philip
Lynes Esq^r yesterday Intimating that this House had misre-
cited his Excell order in Council concerning the admission of
Attorneys &^c
This House did not recite the said order and are Satisfyed
that there is a Saving to all such who had ever been of the
Inns of Court or Chancery &c
And notwithstanding such saving are of opinion It is an
Aggrievance And altho this House may not be so well ac-
quainted with the practice of the Courts of Great Brittain yet
they are Satisfyed the Serjeants at Law are called by the
Queen's Writt & that the Attornys are never Sworn or ad-

p. 594

mitted by any Master or Prothonotary of any Court, without
the Knowledge and Consent of the Justices of those Courts
and altho the Infancy of this Province cannot in some person's
opinion plead prescription yet it appears to this House that
ever since the seating the Province no Attorney has been
admitted without the Consent of the Courts, And by them
silenced if Occasion required and the contrary practice is an
Aggrievance to the whole Province And this House desire
the hon:ble Council not to construe their message as if they
were Suitors for any particular persons but for the whole
Province in general and for the Lives & Fortunes of the pres-
ent Inhabitants thereof and their Posterity. And therefore
move the hon:ble Council to Concur with the Bill proposed
for Settling the same as to the other part relating to the
merchants Selling goods at Towns this House did not by their
message desire any prosecution for any offence passed against
the Act for Towns but only to inform the honble Council what
Constructions were put upon their proceedings in the Country
& presented to this House as an Aggrievance and hope the
same will be prevented for the future
Signed p order R Dallam Cl Ho Del.

The af^d message and the Bill proposed for ascertaining fees
to Attorneys & Practitioners of the Law in the Courts of this
Province being read at the Board.
Resolved the following message be sent to the House Viz.

p. 595

By the Council in Assembly December the 14th, 1708

Upon reading the message ascertaining Attorney's fees
&c We recommend that the Sum of four hundred pounds of
Tob^{o
in Lieu of two hundred be to all Attorneys prosecuting
and defending any Cause plaint or Action of what nature}