306 Assembly Proceedings, May 14-June 6, 1719.

U. H. J.

p. 20

Answer. I never knew nor heard that the Legislature of
any Civilized Country ever past an Act so Arbitrary and
unjust as this seems to be, and I am verily perswaded, That if
application be made to the Lords Proprietors, they will Refuse
to Ratify it. And I am of Opinion that if Applicacon were
made to the King in Councill such an usage of one of his
Majestys Subjects would be Directed to be Examined into,
And if It Proves as Represented some Redress wou'd be
Directed which might in Consequence Affect the Interest of
the Lords pprietors and of the Colony of Maryland
Jo: Hunger ford 23 Aug: 1718

The manner of passing this Act without hearing M^r Mac-
nemara in his own Defence is Contrary to the Comon Rules
of Justice, And is a Denyall of that Right which Every
Subject is by Law Intituled to from which Reason as well as
from the Nature of the Act itself which Appears to be very
Severe And is not Supported by former Instances in the like

p. 21

Cases It Deserves the Reexaminations of the Lords Proprie-
tarys, And their Dissent thereto, if upon such Examination it
shall Appear unjust as is represented, And more Especially
because the matters suggested against M^r Macnemara are not
of themselves Sufficient to Render him Incapable of practicing.
Question. Whether the s^d Macnemara by vertue of the
said Act And the Exception made to the Saveing is not Dis-
abled to Carry on the Crowns Business in Chancery
The Exception in the saving being Generall leaves M^r Mac-
nemara subject to the Disability Imposed by the body of
the Act. In Consequence whereof he is Disabled from Prose-
cuteing any Causes of the Crown in the Court of Chancery.
I^st Sept^r 1718 Tho^s Pengelly

I am of Opinion It is not proper to Confirm this Law, but to
repeal it, for that it past hastily without hearing M^r Macne-
mara, which was Against Naturall Justice to Punish a man

p. 22

unheard, and without giving him an Opportunity to be heard.
Besides the Allegations of the Act are too Generall the
Particulars of the Crimes not being Expressed
However I am of Opinion if a Practitioner behave himself
Disrespectfully or Insolently to any Courts in Court, such
Court hath Power to Record the words which make the Of-
fence, and to Suspend the Offender from Practice in such
Court, And if the Offender be ordered to Submit to the Court
and begg pardon for his Offence And he refuse so to do, Or
the Offence be Extraordinary or Repeated, the Court may
deprive such offender of his practice in that Court And if such
Records be made in severall Courts, or he be Convict of Of-