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

L. H. J.

touching on the Freehold and liberty of the Subject and
whether any Facts mentioned in the preamble of the Said Act
do in Law unqualifye the s^d Macnemara from his practice.
Answer. I never knew or heard that the Legislature of any
Civilized Country ever past An Act so Arbitrary and unjust

p. 21

as this Seems to be and I am verily perswaded that if Applica-
tion be made to the Lords Proprietors they will refuse to
ratifye it. And I am of Opinion that if application were made
to the King in Council such an usage of one of his Maj^tys Sub-
jects would be directed to be examined into, and if it proves as
represented some redress would be directed which might in
consequence affect the Interest of the Lord Proprietors and
of the Colony of Maryland.
Jo: Hungerford 23 Aug^t 1718.

The manner of passing this Act without hearing M^r Macne-
mara in his own Defence is Contrary to the Common rules of
Justice and is a Denyall of that right which Every Subject is
by Law intituled unto for 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 cases It deserves
the reexamination of the Lords Proprietors and their dissent
thereto if upon such examination it shall Appear unjust as is
represented and more especially because the matters Sug-
gested ag^t M^r Macnemara are not of themselves Sufficient to
render him incapable of practiceing.

Question. Whether the said Macnemara by vertue of the
said Act and exception made to the Saving is not disabled to
carry on the Crown's business in Chancery.
The exception in the Saving being generall leaves Macne-
mara Subject to the disability imposed by the Body of the Act

p. 22

in consequence whereof he is disabled from prosecuting any
Causes of the Crown in the Court of Chancery.
Tho Pengelly I^st 7^ber 1718.

I am of Opinion it is not Proper to confirm this law but to
repeal it for that it passed hastily without hearing M^r Macne-
mara which was against Naturall Justice to punish a man
Unheard and without giveing him an Opportunity of being
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 practicer behave himself
disrespectfully or insolently to any Court in Court Such Court
hath power to record the words which make the offence and to
Suspend the offender from practice in Such Court and if the
offender be ordered to Submitt to the Court and beg pardon