80 Assembly Proceedings, May 21-June 16, 1730.

L. H. J.

Profession & been Very Serviceable to that Subject who is Sensible
of it and would give a reward Adequate to the Service done and
Whether it is not Lawful to give any Person a Gratuity to Encourage
him to be just and Diligent in his Profession and Unlawful and
unjust to restrain any Person from so doing.
There can be no doubt but every Subject has a right to dispose of
his own property but that Right is Subject to the Controul of the
Legislature in particular Instances who for Just reason is to prevent
Secret ways of Extortion and the Excessive enhancing of fees may
Prohibit one from giveing and the Other from receiving more than
such a Certain fixed Sum. But then, the reasons for doing this
ought to Appear Very Strong & Cogent and to be made out by
Evidence of facts.

p. 196

4. Qu^r Whether it be agreable to reason to the Law of England
or the Liberty of a Subject to divest Men of their Property and the
Lawful Means of Supporting themselves & familys with bread who
are not so much as Charged with having Transgressed any known
Law or to put men of any Lawful Profession or Calling that are not
Convict of any Misbehaviour in their Calling nor of Transgressing
any known Law of the Land under any worse Circumstances as to
their Property than the rest of their fellow Subjects.
I think this would be unreasonable.
5. Qu^r Whether is is Agreable to the Law of England or the
Liberty of a Brittish Subject that he should be proceeded against
& Condemned in a Sumary way where the fine is Very Considerable
and Perhaps the Very persons that are to be his Judges are his Adver-
sarys & to deprive him of a Tryal by Jury which is Conceived to be
his birth right without any Apparent necessity.
I think it is not agreable to the Law of England to direct Penalties
of this kind, Especially of such Value to be recovered in a Sumary
way, that in this Case the Partie Ought not to be deprived of a Trial
by Jury. But the Provision for recovering this Penaltie is Extreamly
imperfect no Method of Proceeding or Levying the Penaltie when
recovered being directed by the Act.
6. Qu^r Whether the Prohibiting a man from Prosecuting or
Defending any Action brought by or against him puts him not
in a worse Circumstance than that of out Lawry or Excommunica-
tion and whether in reason or Justice the refusing the Oath proposed
ought to be punished with such Severities.
This Provision seems to me to be too Severe & in all respects
Improper

7 Qu^r Whether the Act of Assembly now under Consideration
be not dissonant to reason and repugnant to the Law of England &
whether the Enacting- such Laws be not Contrary to the provisoe in
the Charter.