The Lower House. 429

be had on the Justice of a Legislative than on the Proceedings
of Every Inferior Court.
As to the procedure being Contrary to the Common rules of
Justice We take it that a legislative Body is not Tyed to Com-
mon rules, for that if the thing done be Just, they may make
new rules or Dispense with old ones as to the Manner of
doing it

It is likewise our humble opinions that when a Council
Pleading for malefactors dares the Court he pleads before to
proceed against them, it is not behaveing himself with that
duty and respect that Sir Edward Northey mentions.
We are likewise humbly of opinion that the Courts are the

L. H. J.

Proper Judges to censure the behaviour of their Own officers
and it Appears that those Courts wherein M^r Macnemara
practic'd condemn'd this, And as it Seems out of a diffidence
of their own power, because of an order of her late Majesty
Obtain'd for his pleading, pray'd the Legislature in aid, many
of the members whereof were Judges in those Courts wherein
he pleaded and personally privy to his ill Conduct complained
of, and were only unwilling to Subject themselves to the
weight of his resentments by Suspending him without Any
Act We think the legislature could do no less than make a law
to Support them in this behalf. If then he ought to have been
heard, it ought not to have been Ex Parte, if not so, then the
Courts would have been drawn into Contest about that matter
of which we think they are Judges. But if this legislature
has it not in their power to redress their Countrys grievances
and remove Nuisances (and they have found him both) if
this man must be Supported in his Practice in Spight of Courts
and Countrey, and that that be thought more Reasonable
than to Support his Lordships Authority in the persons of his
Magistrates against him, Especially considering that there is
no Encouragement by fees or pensions for those that Serve as
Judges And that it is a great burthen to those that do, and
that every one that is Qualifyed will endeavour to avoid those
Stations if they must either tamely Submitt to affronts, or
draw themselves into tedious and Chargeable contests by their

p. 109

acting in them, We are not then so happy in our Constitution
as we hop'd we had reason to believe for (pardon the expostu-
lation) what Impartiality can there be in Judges where if they
oblige not the resenting Council pleading before them, they
are Sure to be Abused or Affronted by him, or become the
object of his revenge. Is it not then necessary for the legis-
lature to interpose where the honour of his Lordships Govern-
ment the Support of his Magistrates in the Administration of
Justice and the Peace and Quiet of the Countrey are so nearly

p.110