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Proceedings and Acts of the General Assembly, 1745-1747
Volume 44, Page 365   View pdf image (33K)
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The Lower House. 365


sufficient to serve Our purpose in the present Case and therefore
we have disdained to restrain Ourselves to the Claim of less
Privileges then the Parliament of England thought Sufficient since
we are a Representative of the like Kind with themselves and may
serve as a Construction to your word Question'd since it is plain
from the Proceedings of parliament in such Cases before the making
that Act and which is but declarative as well as from common Sense
that Calling a Member to account or sensuring and abusing him in a
Private way for his Conduct in Parliament was a Questioning of
him Out of Parliament and a Breach of Privilege: And which may
likewise serve as a more natural Exposition of that general Expres-
sion any Place in that Clause than that Restrained one you are
pleased to put upon it. Let then us see what are the Amount of those
words in our Declaration as you call it By any person whatsoever or
in any manner which you say are. more words added of a very Large
and Extensive Signifycation. No Member is to be Impeached or
Questioned for his Conduct in the House any where but in Parlia-
ment We presume Sir that every Impeachment or Questioning must

L. H. J.

Liber No. 46

be by some person and that if no Questioning or Impeachment ought
to be out of Parliament then none Ought to be by any Person what-
soever out of Parliament and whatever Ought not to be done Out
of Parliament ought not to be done in any manner out of Parliament,
Thus your Excellency may now see that those Words convey no
other meaning than what is Contained in the former Proceedings of
Parliament and a Proper Construction of that Act. But why then

p. 629

you ask where they inserted. To Explain particularly what was
only Contained in the general words of that Act and the presedent
Practice of Parliaments and by means to prevent any Misunder-
standing in your Excellency and from thence your drawing that
Conclusion which notwithstanding you have fallen into That tho a
Fact was not to be done out of Parliament yet that it might be done
by some Person and in some manner out of Parliament; And not for
that Reason you give and which in your Opinion is the only Reason
that can be assign'd to practice or rather intimidate our Constituents
from ever presuming to question any Behaviour of ours in a Legis-
lative way not even By the most humble Enquiries For Sir our Con-
stituents know their Rights with Regard to us as well as we do Ours
with Regard to you and they have too much good Sense and good
manners to drive any of us to the necessity by a personal abuse of
laying any Complaint before the House of a Breach of Privilege :
And it is raily no Matter of doubt with us whether your Message
was Calculated as an answer to Our Remonstrance with any hopes
of justifying your Conduct by it Rather than to endeavour to fright
and intimidate our Constituents into an apprehension of the Loss
of their own Liberties by us, and by that means in case of an ensuing
Election to bring a Bout such a Revolution among the Members as

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Proceedings and Acts of the General Assembly, 1745-1747
Volume 44, Page 365   View pdf image (33K)
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