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Proceedings and Acts of the General Assembly, March, 1707-November, 1710
Volume 27, Page 311   View pdf image (33K)
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The Lower House. 311

and languishing Prisoners and Answer to Message about Attor-
neys and Persons keeping Store out of Town &" as follows Viz.

By the Council in Assembly December 13th 1708

Gentlemen. Your Message by Mr Hemsley and Mr Cov-
ington relating to Attorneys &c. being read at the Board we
find you have misrecited his Excellency's Order in Council
concerning the Admission of Attorneys to plead in this Prov-
ince, in which there is a Saving to all who have a Right to
that Practice Viz. whoever have been of any of the Inns of
Court or Chancery. And what you observe to be an Aggriev-
ance and contrary to the known Practice of all Courts of Great
Britain we are of Opinion the House are not acquainted with
the Practice of the Courts there, which we are well informed
is otherwise; for that neither the Chancery Queen's Bench,
Common Pleas or Exchequer, admit their Practitioners in their
several Courts the Serjeants and Barristers on Certificates of
the Benchers being called by the Queen's Majesty and the
several Attorneys admitted and sworn by the Master of the
Queen's Bench and Prothonotaries of the Common Pleas Nor
is the Practice of this Province of such Duration to inform us
of such antient Right so that on due Consideration we can
see no Aggrievance but rather an Advantage of the good Peo-
ple of this Province that the Government take Care none but
Men of known Integrity and Ability are suffered to practice in
the several Courts who need not apprehend any Body's Dis-
pleasure for defending their Clients whilst they contain them-
selves from railing and seditious Speeches against the Govern-
ment Nevertheless by the said Order of Council there is no
Inhibition to the Justices of the Provincial or County Courts
from suspending any Practitioners who give any just Occasion
by their Insolence or other Misbehaviour, but on the contrary
his Excellency has been sufficiently satisfied with their so doing,
and has often declared he should be very glad to see the County

L. H. J.

Justices assert their Authority on all such Upon the latter Part
of your Message about several Merchants keeping Stores not
in Towns under Pretence of his Excellency having given them
Leave so to do, his Excellency is pleased to say he never gave
any such Leave but that on the Application of Capt John Dar-
racott the Council with the Assistance of two of the Justices
of the Provincial Court had given the Opinion herewith sent
you which is no Dispensation with the Laws for Towns As
for several Presentments made at the Assizes of several Mer-
chants on that Score the Attorney General says he never heard
of any but one at Calvert County against Captain John Jeffer-
son of Kelkeydye in Great Britain who was the first Trader

p. 195

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Proceedings and Acts of the General Assembly, March, 1707-November, 1710
Volume 27, Page 311   View pdf image (33K)
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