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Show l2] Law, nor any Statute of EnglmJ. nor ofGreai [iri- this Callie. doth except to the Power'of the Ho min, nor any Act of Allembly of this Colony. noumblc jam: L); Lance), Efq; afcrgnid, to Judge 41/1; For that it Apth‘dlEfi bwtthommiflioiuforefaitt, that‘the- fame is granted hinder the- Seal of in this Caut'e."by Virtue oftho Gan-million, afore- - p: ' this Colony, by His Excellency Willinmc'osfiy, El'q‘,‘ ,' .. . faid, for thcfefieafons, vi!" 1 III. For thee the ‘9 Authority :9" ]udgc ofth; ‘GGvcrtiour'thgrcof‘, and» it appears-not, . that the King's Bench, in that Part of great-Britain called fame Was granted, neither gWe; . h‘e {g'nfié grant", England, bv which the Cognizance ofthis (.ztul'e is by and with the Advice and Con ent of His Mdjeclaimed, is by the faid Commifl'iOn granted to the llv's Council ofthis Province:without which AdHonourablejamls De Lanes}, Elmaforel'aid, 0‘)". vice ""3. unfit, t"Hi§1'a,id .xgellehcy could go": tfitrMX‘fieh/un; . whereas that';‘A,\lthorit,}t :(‘by‘e Statute in that afe made and provided) ought to b, .1 be ranted dull!) add lie/laying, ‘_' gig. For. that‘al‘lg by the {aid‘ mmillion, them)- rifdiétion and * Authority ofa Jutlice ofthc Cpurt "Common \Pléas ' t flyiili‘lior, in, that Port of Great Brita", out Eugllnd, is grizzled to the fzid 7.6M; Du Lnnwai‘q; which jurii'diétion and Au- thority, cannot be granted to, and cxcrcil‘cd by,auy one of the jutliccs of the King's Bench. o vicel and '7 luv to the Power of any other Pcrfon to judge in grim the git .H' 't t , ~‘._l\,,,v'1‘,_ . l a. ;,' Wherefore;1 and for many otli‘thDefcfl; in the thurity cannot- be granted to, and excercil'cd by, any one of the Jullices of the King‘s flint-[2. "3.51. For that the Form ofthe {hid Comtniflion. is not founded on, nor warranted by. the Common Lthnor any Statute of England, noriof Great Britniii, nor any A3 of Afl‘embly of this Col(‘ny. ' ‘ 4th‘i‘For that'it'nppears by the Commilfion al‘nre- fifdfithat the‘: fame is granted under the-Seal of ! this Colony, by His Excellency WilliamCoslv , El‘q; GOVCrnour thereof, and it appears not, t at the fame was granted, neither Wilg'thc Fame granted, Content, His l‘aid Excellency could Toot grant the fame. I that the Honourable lerriela Philip/i}, Elli; will not take Co§gnizhncc of this Chlufe,' by Virtue of the‘CQmm‘i lion atom-fold. it. " l i I gynmfl Alan/antler". by and with the Advice and Confhnt of His Maje- lly's Council ofthis Colony; without which Ad. ‘ 'l/Vlzcrefix'reyand-ffér many other Defeflsin the faid Commilhon, this Defendttntihymbly hopes, i izlitn r o, I Willi": Sizer/z. g fetid Corluni'lidn, .this Defc‘n mt :h‘umblvihopcs, thz-tt the H :ourablc jams: 13:: Lunar, Efq; will not rakd‘ Co, um: eight: gin "C3‘ by Vfitue of the Commiflion'aforet'aid‘. .-. .. -' ' ' . { 2. Upon filing thelb Exceptions, we expected to be heard, . as it was our tmdoubted Right by Law to be. And in" IUlliticztt‘ién ‘01‘ but Chfidué‘t, 'wevof- 7 ' . ; ' t. g 711mm Algwnrlc‘r, l 3d. licr that the Form of the l‘aidCommilhon, is not founded on, not warranted by, the Common lllllldifl Smith. fered to prove, 'Ilvzt 73$: Sillijt‘filufiy Imv £96745 (2 Rigbt‘fo‘tzzl'e flit/J ‘Exée'ptions, I‘f‘lje thinlar the (Tainnziflfmn' il/rg/rl," ‘\‘Vc alto 'OFFéred t0 prov'emTer the Ed'cegffiem token were nim'wmml by Ling (1nd V/Ili/l; But the Judgedtyere pleafed Fe) flay, "179/12: flier tv/ml/l neirlfier lrtwr H5, 7102‘ (Illmv tbev‘Et‘lteflimzr .‘i‘ "Blitz (:19'ttt'6'Cbt1CCit'c) met/ll arbitrm‘ily {mt-l illegally cooled to be curred in the Minutes Of tli'é‘Court', the The Exception to the Commiflionpf Mr. ]ul'tice Pbili/zfe wesirt thele Words following, "viii. r, followinq Order. , - , x H , . . , , ,, s , ‘ 21f a it'll/firm"! Court of facilitative, lie/d for ll"! Freeing} of. New-York, (I? ll? City- ' The Attorney General Z. , . - againfl . Upon; an Informationfor a Mildemeanou‘r. 7011n319tm‘ ngrr. 3 EKteptione humbly offered by 20'!" Peter Zengrr, to the Power of the Honourable Meriik P/ziliffr, Efq; tojudge invthis Caufe. . ‘ Tt‘rriloritt dt‘ft‘xding thereon in America ; [mom AND emov iii/aid 0137"" Plans)" ‘jecand fiuflfu of Our [old Suprea‘m L‘um‘r ilr and over ‘ Otirfltid fravince of New-York}, together wit/z all ‘ ‘ vinre's'of New-York, New-jerfev and Territories ‘ t/liflar/ dfpendin‘gin America, Vice Admirnluf rite and We ‘ farm. 8 Colonel in our Army. 8:. At Fort George, ‘ "fining r/[tzial Confidence in your Integrity, Ability ‘ in New-York. the Twsniy filfl ny of Augufl7 an Lmrnlzg,lm1f€ efligned, confllluted and appointed, . : in 1/2: [event/,1 Yiur of Our Reign, Aiirtoq;.Don1i|ii, and We do by fht/i' Pie/eon am it, :onflimlo an! ‘11;t733. ‘ ‘ ‘ aintyou the fiild Frederick P ilipfe, to be fiwnd guflicv ofOitr Suprrm Court of findirattue for 01hWhich being read and heard, the faid 70/171 Peter ‘ Province o ‘Ne‘w-York, in t/ge gem of James De ‘ Zrnger, by Proteflation not confelling nor fubmitt‘ Lancev, fl}; Giving and routing unto you the [aid 'ing to the Power of any other Pcrl'on tojudge in ‘ Frederick Philipfe full uwcr and Authority wit/z this Caufe, doth CXCcpt to the Power of the Ho‘ Our olhcr Till/ill" ofl)ur [hi1 Sitprenm Court. to hear, ‘ fry and dcttrmine all Plus what/never, civil, crimi‘ ml and mixt, awarding to the Lows, Statutes and Cu‘floms ofOur Kingdom of England, and the Law: and ‘ U/Ezge: of Our flzid Provintt of NCW'YDrk, 710th‘ 1an refugee/22 tlzrrrto, and Ekean‘lon: of all judgment: ‘ of {hr/AM Court to award. and TO ACT AND ‘ DO ALL THINGS WHICH; ANY OF OUR L USTICES 0F EITHER BENCH OR BARON ‘, F THE EXCHEQUER IN OUR SAID ‘ KINGDOM OF ENCLJND MAY OR OULEHT ‘ TO DO; )md aI/o Ia "Ill/i in the making file/z Rult‘: _ . t t, i i nourable Frederick Philip/c, El‘q, zit'orel'oid, to judge ‘ james Alexander E/q,E§ William Smithflttornin oft/aitCourt, [mining Whom! (NOT‘ 'WITHSTANDING THEY WE'RE FORWARNED BY 'THE COURT OFTH‘EIR DIS‘ PLEASURE, IF THEY SHOULD DO IT) tofign, and [flowing allmzl/yflgnl'dg'pu! info ‘ Court, Exrrffiom, in 711.1Vtrmmflr hu Potenlenger, Ilierrlvv defining Ill! Legality of Tl‘c' ‘ 721.4(qu their Commifliam, 1110' 2'11 tlze ztfmtlFerm, AND THE BEING OF THIS SU‘ PREAM COURT. It it therefore ORDERED, ‘Ilzatfor fbt‘fald CONTEMP‘T, 21:5 ‘ fiu'a' James Alexander and William Smith [or excluded from an} furtbtr Pnzéfir: 1'11 11],} ‘ Court, and llnit z/Jeir Name; I}: flied out of Ilia Roll of flttornln of l/JlI Court. per Cur. fume; Lynx, Cl. Jill): Chairman 3 ' . _ ‘ V .. , , 1 3. This Order is the Ground of Our Complaint. .There .are fundr'y Things in it;which we {hall take Notice. of, in order to entitle our {elves toth‘c Reliefol this Honourable Houfe : The publick Interefi'ofthis Colony is greatly cancerned in the Confequencesofthis Order 3 and fer our own Parts, we think it exceeding hard to be deprived of our Subliltance, .meerly for having: done our Duty. 1 4.. 'Tis a furprizing Thing to us, that thc Gentlemen who made this" Or- in this Cattle, by Virtue ol‘the Commillion afore- der, could proceed the Length they have done. l‘atid, for theft: .Reafons, viz. trt. For that the Authority of :1 Index of tlm willing to entertain of them difpofed us to think, That they would never have King's Bent/z, in that Part of Great Erilnin, called England, by which the Copnizance of this Cautb done their Country and us [0 great on injury. Could any Man have thought, that they would have denyed the Subjeff (a Liberty to take on Exception to their (.‘ommffliom, «when bit Right? to do fl), is fa clearly founded in Renfon and Law .3 is claimed1 is by the fetid Commillion granted to the Hmiurable Frrdt'rirl' Pliilip‘le, Efq, aforefiiid, only during- Plea/fire; wh rcas that Authority (by a Statute in that Cale made and provided) ought to be yrtnlttl during 5410!. Behaviour. The good Opinion We Were He mull be but little acquainted with the Laws of England, who could poll fibl y make a Doubt, Wbet/oer the Sonja"? IJ/nl fuel) a Right .3 But thefe Gentlemen, without Queftion, had feen that Matter fully treated of in the Cafe of Mr, Van Dam, in his Plea to the Jurifdiétionof the Julllces of the Supream Court, ‘ and Orders in Our/£154 Court a: "mil be for the Good 2.4. For that .ili‘o by the fitidCommiihon. the [L‘rif'dietion and Authority of a jullice of the Court ‘ and Benefit of Our jitid Province, and a: near a: ton‘ 'vem'rntly may beret/1e Rules and Orders of Our fair! ‘ (‘otrrts in Our/hid Kingdom of England. TO HAV E of Common Fleur at llr‘jlmiijifr, in thut Part of Gina?) Britain. called England, is granted to the lizid Fre- to proceed in :1 Courfe of Equity. The Argument on that Head had been de- deritk Emilie/é, Efq', which ]urifdii‘:tion and Au~ theriry livered to one or both of them in Manufcript, before the Day appointed for _..._..___. ____7-.‘--_._._- . . . 5 The Honourable 7mm: D: Lanny, Efq; Chief Janice. 5 .PR h S h N r'Z'I‘he Honourable Frederirlc Pblllfl/t, Efq; Second Jufiice. 4. Tl. ‘ undflngular f/It' Rights, Prirm'le‘dgrs1 Not/drier, Fees, The Defendant comes, and pray: hearing of" the‘ ‘ Perqztifilesfil'mfil: UAd-vanrhger t/terela now or litany Conunillion. by Virtue of which the Honourable I ‘ Time heretofore Lelonging. or in :1er wtiytofRig/zr apperFredtrick Poi/lift. Eli]; claims the Power and Au; ‘ mining, unto You tire/aid Frederick Philipl‘e, FOR thorny tojudgt- in this cadre ;ancl it is read unto 1"AN13 DURING OUR PLEASURE. In Tellihim in (hole Words. _‘ monijltrreofWe have tau/6d tlzefe Our Let/er: to {re ‘ (Z EOR G E} I/ie friend, 5} "the Crime of Goal. of. ‘ made Patent, and {lie grmt St'al of ()m‘ find Province ‘ Great Britain, Frtinceanti Ireland, King. Defen- ‘ of New-York to .55 hereunto ojfixt‘rl. Witncih ()ttr " dt‘r oft/1c Faifli. 8:. To Our trttfly mid walk/avid ‘ rrnfly and vie/beloved William Cmby. EM; Our " Frederick Fliilipl‘e. Efl]; Gl'f‘t'tinr)! ; WHEREAS " Cit/7min General and Cotirrnaw irl Ckirfi of Our Pre- ‘ it is Our Care 2/"; jufiitr at duely‘udmimfirsi In 411 ‘ Our Snéjrc'ls within our Prowl-ire ofNew York, «ind ‘ Hall of {/15 City of New-York, on W'edncftlay the fixtmzz/J Day of 11121;", 1735'. _' ...._.. * Thetfitclz AUTHORITY irfli granted, fee Chief Juflice D: Lonny: Charge to the Grand Jury of the iSi/‘t of january, 1733- hearing thereof, and had been long printed before they made the abovefaid Order. In that Argument, from page r4, to 35, 1/76 Rig/2t of the Szt/Ijefi to fink/e 111...? |