Correspondence of Gov. Horatio Sharpe, 1754-1765. 483

of May last. Inclosed is his Lordship's Instructions with
relation to some. The Tobacco Law and Ordinary Lycences
he has referred for the Opinion of M^r Attorney General,
therefore postpone's his Consideration 'til he receives good
Advice, to form Judgement and Determination on such im-
portant Points, which will take him e'er had, being now
Vacation among the Law, in the Country. On the Subject
of those matters, His Lordship on hearing the Messages
read from the Journals of the Houses, is Satisfied with
your's and the Conduct of his Upper House; But thinks
the Majority Party of the House of Burgesses Dealings
severe and unkind, giving no Credit or Respect to his In-
structions concerning, rather seeming to tend at a Prohibi-
tion of Rights and Prerogative.

The Affair of M^r Crabb a Member of the Lower House,
his Representation against M^r Rawlins a Magistrate of the
Country and the Summons of the House for M^r Rawlins's
Appearance before them; His Lordship is in Opinion, not
warrantable, He approves of your Answer to their Address
thereon, hopes it will Caution against such Proceedure of the
House for the future; not to Subject his Justices of the
Peace lo the Caprice of that part of Assembly. If by the
Justice's Action of Impress of the Man to His Majesty's
Service, he acted contrary to Establish'd Law, a Tryal at
Court would have sett that right. The Rights and Priv-
iledges of the House is fitting to be held, But a Regard must
be had to preserve the Rights, Priviledges and Liberties of
the People; Certainly Secured and Dependant upon the Due
and Legal Exercise of Laws under our Constitution, and
not Suffer them to be summoned or prosecuted out of trie
Ordinary Course of Proceedure as you well Observe in your
Answer to the House. The Complaint seems groundless, if
otherways was relievable elsewhere being the Proper Object
of a Court of Judicature. For as M^r Rawlins the Respond-
ant, inter alia, in his Answer to the Charge of the Report
of the Committee of Grievances on the Summons and his
Detention by the House under a Judicial Capacity, his Ob-
servations thereupon are very Cogent, Viz.

That by the 25^th of Edward the 3^d Chapter the 4^th It is
Enacted that none shall be taken by Process of Suggestion,
Unless by Indictment of good and Lawfull People of the
Neighbourhood, or by Process by Writt Original at the Com-
mon Law. By the 28^th of Edward the 3^d Chapter the 3^d It
is Enacted that no Man shall be Imprisoned but by due
Course of Law. By that of Edward the 3^d Chapter the 13^th
No one shall be put to Answer without Presentment before