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Proceedings and Acts of the General Assembly, 1717-April, 1720
Volume 33, Page 382   View pdf image (33K)
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382 Assembly Proceedings, May 14-June 6, 1719.

L. H. J.

Approbation by useing our utmost Endeavours for the
Strengthning and continuance thereof. Tho we must Ac-
knowledge that we are,under Some concern to find the Justice
of the Legislature Question'd upon the private opinion of
Some Gent of the law, when we doubt not but if the reasons
that mov'd them to the passing of that Act both as to the
matter and Manner of it, had been heard by Disinterested
persons their opinion would have rather inclin'd their Lord-
ships to have Confirm'd than repeal'd it. And we must declare
to your Excy tis Surprizing to find that Gent so eminent for
learning in the Laws of great Britain as those that have
Sign'd their opinions in that case, should Assert that a Law-
yers contemning the Authority and affronting the persons of
the Judges he pleads before and dareing a Court of Judicature
to proceed agt Criminals for whom he pleads and the other

p. 341

reasons assigned in the preamble of that Law especially in his
persisting in a continued course of misbehaviour were not
Sufficient Causes for the Courts that were so us'd by him to
barr him of his practice before them and it Seems much more
Surprizeing that the Legislative body of this Province should
be accused by the opinion of those Gent of being unjust and
Arbitrary in their proceedings, for makeing a Law on the
Representation of those Magistrates which only added life
and vigour to their resolutions in that part.
Wee believe your Excellency was not Apprized of that law
being past in the lower house without hearing the particular
person, it Affected, nor of the reasons for their So doing, one
of which Among many others, which we shall begg leave to
remark hereafter is That tho we had good reason to believe
he had notice of the first vote that past for it yet that he made
no Application to be heard till after the Engrost bill came from
the Upper House assented to, at which time we adjudged his
proper Application lay to your Excellency it Seeming unparli-
mentary to call in Question a bill Solemnly past by us and
another is, That the Courts before whom he pleaded haveing
condemned his behaviour the Judges whereof were the proper
persons to censure the behaviour of their own officers, The
admittance of him to a hearing would have been calling in

p. 35

Question the veracity of those Judges without cause and make-
ing them parties or rather defendants to his Complaint in
matters whereof the law made them Judges, and where the
facts they Accused him of were Notorious.
Wee must begg leave on this Occasion to declare that we
Apprehend the very essence of Authority and Government to
be indeed so nearly concern'd in this Affair, that if there be the

1 Error in paging of original record. Numbers 32 and 33 omitted.



 
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Proceedings and Acts of the General Assembly, 1717-April, 1720
Volume 33, Page 382   View pdf image (33K)
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