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428 Assembly Proceedings, May 14-June 6, 1719.
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L. H. J.
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thority and affronting the persons of the Judges he pleaded
before, Dureing a Special Court of Oyer & Terminer to pro-
ceed against criminals for drinking the Pretenders health and
audaciously Cursing his Sacred Majesty King George and for
fireing the city Guns on the Supposed birthday of the Pretend-
er. His Publickly affronting the Chancellor in the Execution
of his office, And tho ordered by the Right Honourable the
Lord Proprietor to make his reasonable Submission willfully
declineing it. His being so turbulent and insolent a person
that the Judges would not Sitt if he was Suffered to plead
before them. His being often Suspended on his Misdeeds and
readmitted on his fair promises of Amendment, Yet still per-
sisting in his like insolent behavior &ca As Appears more at
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p. 107
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large by the Act and the representation of the Magistrates
against him. Yet we find in Moore's Reports page 827 by
the Opinion of my Lord Chancellor in his Speech to Sr Henry
Mountague Chief Justice of the Kings bench in King James
the first's time wherein he Directs him to admonish, to repre-
hend and to Correct Lawyers that observe not that Discretion
and duty which becomes them and that if he found a threaten-
ing way of pleading in any babbling and Tumultuous Lawyers,
he should not only Injoyn them Silence but Sequester them
from their practice and Exercise before him if he Saw cause,
but Still with that care and respect that the Clyents cause
should not be prejudiced.
And by Other books as well as by the Middle parragraph of
Sr Edward Northeys Opinion, those Matters Appear to us to
be a Sufficient Cause for Suspending such a practitioner from
his practice, any thing in the said Serjeant Pengellys opinion
to the Contrary thereof in anywise Notwithstanding.
That we do not find this Act Liable to the Imputation of
the Severity, being Conformable to the said Lord Chancellor's
directions as to the Substance of it both in Suspending the
Lawyer, and regarding his Clyents causes (as was the said
Macnemara's Suspencon in the Chancery Court exactly con-
formable to Sr Edward Northys Opinion) but if it were un-
presedented as to the Manner of passing it, so is the Manners
of the man it Affects
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p. 108
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As to Sr Edward Northey's opinion that the Allegations of
the Act are too Generall We humbly offer that it seems to us
as if he took the Legislative Body of this Province to be a
Grand Jury, and the Act to be a Bill of Indictment by them
found to which he takes exceptions for incertainty.
But we are humbly of opinion that the allegations in a law
need not be so particularly and certainly Exprest as in an
Indictment, And we hope there is some further dependance to
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