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Show l 19 1 ed in Silence: But under thefe many ForeWarnitigs, what could we, what ought we to do for our Client .3 Surelyevery Thing that was lawfull and likely to contribute to his Safety. And in taking the ltxt‘eptiOn, we Conceived fome Benefit would accrue : For, had the Exception been allowed, the Dependence of the Judges on the Governour (which we thouzht dangerous to our Client) would be in fome Meafure removed, and the Judges have flood more indifferent between the real lParties, Had it been over-ruled, yet wehad Reafon to think, that it might have proved fume Cheek to an exorbitant Stretch ofPower', becaufe, That ifiri the demm RESORT, the Commifiions had been judged illegal, any Abufe offered, after Exception taken, mittht have rendered the Judges, not only civilly, bait criminally, anlwerablc for their Conduct. 1 26. Thus either Way, fome Advantage was'expec‘ted, which would have been entirely loll, if theiValidity of the Commifiions had been admitted, by pleading to the Merits of the Caufe, Without taking the Exception. Hence, with a fincere Regard to the Safety of the Poor Man, whofe Caufe we had undertaken, we adviled, and figned, and filed the Exceptions And had we done otherwife, our Conicienccs mull have reproached us, with a Breach of Trult, and Neglect of Duty : Yet neither the Lawfullnefs of the Action, nor the Uprightnefs of our Intention, could fcreen us from the Re- fentment of thefe Gentlemen. We might have been innocently millaken, in fuppoting an Exception would lye, when it would not, or for Caufcs not fuf- . 13 duf'try, could withhold and ref'train thefeCentlemen, from exercifing the molt levere Act of Power, that perhaps has been ever committed. 1 28. We have nOt in all Our Reading found, and believe thefe Gentlemen cannot produce, any Example of fuch a Conduct, from the Hifiory of England, in the writ of Times. They may indeed produce Examples of Silencing Attornies, for notorious Villany, or Ignorance, in their Profcflion. They may polfibly alfo find fume, and but few Examples of doing the like for other Crimes; as for Infiance, one Brown, convicted of Lybelling, was fined 1000 Marks, and {truck out of the Roll of Attornies: But (becaufe this Crime being neither Villany nor Ignorance in his Profeflion) the Injufticc of that Part of the Sentence was taken Norice of by the Houfe of Commons, and for that, among other Arbitrary Acts, as the Hindring the Publilhing ofa weekly News Paper, and putting People to their Haéma Corpus to be bailed, without juft Caufe, and difcountenancing the People in Petitioning the King for a Parliament-j They, in 1680, refolved to impeach the Judges, and did impeach Chief Jufiice Sew/gr, the molt guilty Perfon, and had they nor been prorogued, and Chief Juf'tice Scrogr difplaced, and anOther put in his Room, before the Houfe fat again, they probably would have profecuted their Impeachment againfl him. 1 29. America pofiibly may furnilh fome Examples of the Silencing of At- licient -, and by Law {hould hare deferved no Cenfure for offering; them. The Bufinefs of the Judges in fuch Cale would have only been, to have over-ruled tornies, as, we have heard, did happen in the care of one Mr. Carter, in Par/{adaes, \‘who was filenced by Governour Lontber, a Man famous, not for his Vir- our Exceptions, and fared us the Benefit of them, in the [all Refort, if we rues:J and we have heard that Mr. Carter recovered feveral Thoufand Pounds Damages in IVs/iminfler Hall, for that Arbitrary Aél. had thought they Would have been of Servtce to us. But in this Cafe, whev ther the Exceptions were valid or not, was no Ways determined. The Of- fence was in offering {my Extefitimz at all, and it is for this only that we are 1 go. "‘ We have heard alfo that Mr. GOR- h: 1:13;? Plight? I'i{°'m"‘l°"1‘," . DON was by the Lord (,OKNBURY filcnced e I)" m nee-s ":1, fetter:,in,g;'spafagrflpl,': w;- The honefl Defence of Our Client in that Point, was Crime enough In NEW-JERSEY, when he was Governour of not true; butthe Paragraph will with thefe Judges, to merit what's next to a Capital Punifliment. A refpeftful Propofal of a Matter of Law to their Judgment, that had a Tendency to bridle lawlefs Power, was by thefe Gentlemen treated, as Caufe fuflicient, to tie prive us at once of the Fruits of many Years hard and laborious Study, to dif- that and this Province, and that this Injury done li‘i'utii, :Ttsfltlligiialiffietzbiiil: a: Sufferers. potlefs us of an cxtenfive and profitable Practice. to Mr. GORDON, made one of the Articles of (truck out. ‘ ' '. We have been fince informed, Complaint againlt that Governour,T wlaulo‘ C0". ‘hatitwmhe Aflcmbly of New MO R RIS took 4 Voyage to ENGLAND,.dt his own Expense to exhibit again/2 him; at a Time when yerfiy that complained of Lord COW"), and that Coll- M0"?! 1 27. It wasthen full twoand Thirty Years,fince one of us had firfl applied to the Study of the Law (a Titne near equal to the whole Age of either of thefe th- C , d d ll W - l'lt ftl'lC Ar.15 ("er grf'ane un Cf t C 61g 0 , (then one of that Affembly) was the Drawer of the Complaint, and bitrary Proceedings of that GOvernour and his ln- all?!)1 that; he wenz}to EngIand,agii}x‘ift Judges) and who for feveral Years had been one of the oldefl Practitioners at ‘ ‘ flrurpcnlis .9 8t Whmh Tulle the Peopl? were made a t en ormer overnour, at ts own Expence,and was fuceef'sfull; the Barr here -, the other of us did not Want two Months of Ten Years {landing there, and had had a good Share of Practice for feveral Years, before either to difpair ofRelief, by Reafon of his great lnte- which FaEts. we believe, gave no: Tell -, :53:dhiiniiiis 134512323"$12; And what was more, his being, firft Coufin of thch Judges were known to have had any Knowledge of the Law, or pre- 10 tlle then reigning, (been; tended to have made it any Part of their Study. What hath been our Charaél'er and Reputation for Ability, or lntegtity, in our Practice, and Morals, proved flrceefiful, notwitbflanding a" the Diflzc‘ulne: belongs not to us to declare : But we hope. our being employed in almoll all the Caufcs within this Colony, of any Importance, that have depended for leveral Years lafl' pail, may, as to thofe Points, in fome Meafure, witnefs in our Favour. Yet no Regard to our Age, to the Experience of to long Practice hired by him tofilueen ANNE, againfi this Her near Relation, he was‘turned out With Difgrace 5 Queen ANNE declaring, That it fhould never be find, that {he Would countenance, even her nearelt Relations, in Opprefling her People'7 and netther his Nobility, his great Interefl, nor hisnear Relation to the (been, did to our lnnoeency, our Integrity, or Abilities ; no Concern for the Interett of our Clients, who had a Right to our Aflillance; nor the publick Adminillra~ protect him, from the legal Sutts of the Subjects here, whom he had inpired. tion of. Julhce, which demanded our Help 3 no 'I‘endernt-fs or Compaflion for BUt COIL [MORRIS be bad to fitrmount : For, upon the Articles exhi- Informationwebelievcdtobetrue, at the 11"" of our Complem- _ Upon which Suits, he lay near three Years in the Cuflody of the Sheriff of NEW-YORK, afterthc End ofhis Tyranny, as much detpifed as he had before OUI‘AVIVCS, our many Children, with which it hath pleafed God to blcfs us, been dreaded. which as well as our felves, had a Right to be provided for, by our honef't In- dullry, 1 31. We believe this Province can afford no Example of fiiCh a Treatment, tho' there had been the fame Occgifitm for it before this Time. We remember that in the Year 1725, in the Cafe between the Franc/J Church and Mr. 1&0", D . Ir. |
