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

Justices, or Matter of Record on due Process, according to
the Old Law of the Land. And by the first of Henry the
4^th Chapter the 14^th Appeals to Parliament are Declared
against, as Contrary and Repugnant to Reason and the Con-
stitution. That this Method of Complaint is not only against
the before recited Statutes, but also against the General
Frame and Tenor of the Common Law. By this the Subject
may be twice Punished for One Offence, for no Proceeding
in this will preclude the Cognizance of the Courts of Law.
And Observes, he will Lose the Legal Tryal by a Jury of his
Peers, the best Discovery of Truth. By this his Birth Right
Admitted in the Ordinary Courts of Judicature and his Right
of Appeal.—And By this his great Security against false
Testimony, for no Indictment could be prosecuted (as he
Conceives) for a Perjury which might be Committed on
Examination before this House in such Case as this.—And
by this the Benefit of that wise Institution by which the
Law is Determined by one, and the Fact ascertained by an-
other, under the Most Sacred Obligation to Administer
Right and Justice.

The Respondant's Plea and Answer seems good, by the
Behaviour of the House not Justifying their Proceedings;
(on the Contrary). Ordered your Message to be Read and
the Papers thereto Annexed (M^r Rawlins's Answer to the
Charge) to be Referred (Sine Die) to the Consideration of
the next Session of Assembly. And makes Enterance in
their Journals short of Your Message to them thereon. I
shall Conclude with this Remark on the reality of the Ordi-
nary Course of the Common Law. Even Oliver Cromwell
who trampel'd almost upon all Law, yet was so Sensible of
the justness of the Ordinary Course of the Common Law,
It is Asserted, he went Disfigured privately at night and
waited on M^r Hale a Councillor in Lincolns Inn and of great
Abilities in the Law. he told him, he did not require his
Oaths to him, as he knew him a Stanch Royalist; But it
being Absolutely Necessary the Process of the Ordinary
Course of the Common Law should Continue, as Essential
to the People, he therefore Desired his Acceptance of a
Commission from him for that purpose; which he received
and Exercised on his Circuits so justly; That King Charles
the second at his Restoration Knighted him Sir Mathew Hale
and made him Lord Chief Justice of England. The Com-
mon Law is the Touchstone of Our happy Constitution, 'tis
self preservation and of Right attends the Subject through
all the British Dominions. His Lordship Recommends to
you that you will on All Occasions exert yourself against