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Show 1'0 , ii J fions as thch have iifued in Times pail, witnefs the Coniiiiilhons to the Preli- dent and Council of the North, (on: (4 Infl. 243.) which have produced much Ruin and Confufion in the Engli/h Nation. What has been may be, and in all Probability will be, if the Example our Judges have given be .drawn Into Confequence. And if fuch a Comtiiilhqn fhould ill'ne what Security has the Subjeét againf't being utterly ruined by it, if he may not be allowed his Exception? And if he cannot take fuch Exception, but by the Help of a Lawyer, and his Lawyer cannot defend him againf't'fuch illegal. Coiiimillion, but With any Mon "It‘ljl'Il‘t.yl‘I'UZ.'7!C€ (if he pleafes) a Matter of Low in his flavour. 'Tis u- pon this Dillinction, that our pail Condué'c, in refpec't of our dil‘eretit Clients has been diverlihed. In the Supream Court we never adviled an Exception but ‘ .. ‘ - in one Cafe before, a . 3 and that was in the Cafe of Mr. Van Dam, who excepted to the Power of the Judges to proceed according to a Courfe of Equity. * We advifed it then, becaufe we thought that Exception neceflary for his Safety, and the Good of the Country. L ",HL‘WWW iii'iiflbi' 2 Anti after" wards excepted to Judge Philip/t": Commimon, foon after the Date of it, for Rcttl'ons near-Iv the fame with thofe in Zenger's Exception. I - the Lofs of his Livelihood, and the Ruin of his Faniily'7 how deplorable muff the Cafe of the Subjeét be.> How deflitute and helplefs! For. What Lawyer will dare to undertake his Defence.> And what Motive can induce him to it, when he knows, That the very Attempt to ferve his Client, Will have no other Effeét than his own Ruin P What a Wound is given by this Dani's by Arbitrary Proceeding, t0 the Liberties of this Country I _ In Confequence of this Proceedina, Life, Liberty and Eliot-e, are at Once feized' into the Hands of Arbi- Zena/ifs lint. {non be of atiy Service to any one that lhall hereafter b: profe- cuted in the 4lime Mariner, unlefs fuch Perfon will talre fnch Exception in his {Tr/cry Power .- For if the befl Commiflzhn upon Earth is not to be difputed, and lawyers mull be filenced for dating to attempt it, then the very‘worfl Commifflow in the World may foon be obtruded upon a People. For, if it be a Crime bring the (,Ioiiitizillions of the Judges to the Touchllone of the Law : to except to a good Conway/Mn, and f0 grievous a Penalty is annexed to the doing of it, who will dare to except to a bod one, when no Man can know, but the Judge may declare the mofi ill-gal Commiflion to be good .3 Such were the High (‘omnii‘flionr granted in 1 686, by King, Show the 2.]. two Years before the Revolution, and, fuch were they declared to be, by the Statute that gave Kine, It'd/ion: theCrown. But yet Chancellor _‘7EFFERTS, and the other High Commifflonerr, the Infiru-mcnts of Arbitrary Power in that Dav, hail the Front to de- 1,: WZiilsthbt Wm, "wt-e q 25., Wendi ifed Zenger's Exception for the like Reafon ', but we have al- ways omitted it, where we faw our Clients Safety did not require it, 1 Ir, Von "f" would not be of any Service to Mr. Zeuger, not will hit own particular Cafe. We ever thought it lawfull for any of our Clients, to But we never tlim.if':7it it f0 necelfary as in this Cafe. We conceived the Innocency of our Client, no fnflicient Security, while we elteemed the Governour his Profrcutor, who had his Judges in his Power. We had too much Reafon for Caution from the Conduét ofthe Chief Juilice. We heard, how His Honour had vented his Dil‘pleafurc againfl him, when he accidentally met him in the Streets, oti a Sunday before his Arrefl. We had been near VVitnClliis to fund ry warm Charges, and moving Addrelfes, to feveral Grand Juries, plainly levelled againft Zen er, and with Intention to procure his Country to Indiét him. And clare, IVc will neither hetzraon azoryozzr Council m the ill/fatter, "l‘ [we we faw his Name aiiiongfl that Committee of Council, which conferred with a orefnh'i'ciently fotirfledfiof they Legality of om r' hmnifldmzr, othcriiiife wewonld not be fur/J boolr do to fit here 5 we know our Proceed/liter Committee ofth is Houfe, in order to procure a Concurrence to condemn fome milerxcldl‘trggg (ire .iieeordziig to, what has been done former/y ', we have on original woken, but ,Jlnrzfdflwn, .or (in Other Words of the‘fame lVleanin'z) we have wcrcomitted our Power fiom the Common Lam] And they borefhcedl} gave their of Zenger's for/molt, without giving him an Opportunity to defend them. We heard that theChiefJuf'rice was a principal Manager upon that Conference, and fpoke much on that Occafion. We faw his Name aniOng thofe who ilfu- When Things come to that pafs, then all Protection ed that Order oftlie Council, which commanded the Magiflrates ofthis City to attend the Burning of fome of thofe 7ommzlr; and which fets forth, that the} had been condemned by the Council to be burnt b} the Hand: of the common Hang- from. the Law Ceafes, and no Remedy againfl the greatcll Injuflice and OppreffiOn is left, but? that which is natural, and which then was taken; we mean, Z7178 of the Chief Juftice, and the Refl 0fthe Council. We faw the ChiefJullice's Iis from denying the Subjeft the Benefit and Priviledge of the Law, that Infurredions and Tumults have been often raifed. 'Tis from fueh bold and Name, among thole, who itl‘ued that Extraordinary Warrant, by Which our Client was apprehended. We had feen his Want of Moderation, in demanding Security in Eight Hundred Pormdr, when Zenger was brought before him, dareing Attempts upon theiLibcrties of a People, that Revolutions have fprung‘, and Particularly the latch and mott glorious in the Brit/"fl: Nations, which pro- the Quality of the Prifoner, and the Notnre of the Qflence, and tho' at the fame by mlflakc' Mflfler'r and_ their own . i .DISPLEASURE a as 'Reofom for their Deter- minationr. mm/ienable-‘iRightofthmtfeo'ple, to defend thcmfebue: again/l their De/Zroyerr. cured. a Rte-eflablifhment of our ancient Ri‘zhts, and. fecured their "Iotidrnuance, \ by the Settlement oftlie Succeffion in the lllul'trious Houfe of Hanover. : q 23.. How neccffary therefore is it, that the Guardians of our Lilertie s fhould, in thoprefent Cafe, look diligently into the (I;tiilb3»oi'} the general Dif: content, thatprevatls within this Colony, and in particular into this? And apply thofe Remedies to thefe Grievances, that are within their Power ‘ NI): only as :t-heyvuregard that Peace andProfperiry, which will naturallv)‘ .> 'the fecure Enjoyment of'our Liberties, but as they would prevent the, other Confequences that may follow the Neglect of fo plain a late.) , . . : ' ‘ q 24. Thoatv is‘t‘he undoubted Right of everv Eon fhnzan,. to call into Quefiioti the Commiflion of his Judge, yet. it is a I‘rlixini in our Law Thor } one mm]. We much doubted of the Legality of thefe Extraordinary Proceedings, on his Haber" Corpuo‘, tho' the Ac't only required Bail to be taken, according to Time, the poor Man had made Oath before him, Thm: he 7011/: not worth Fort/v Pounds, be/zder the Tool: of hi: Trode, and Apparel. We had heard the Chief J'uf'tice declare, in the fullef't Court we had then ever feen in that Place, That if a 390‘} found Zenger Not Guilt}, the} would be perjnred 5 or Words to that Effect 3 and even this before any Information in Form was lodged againfl him. As for Juilice Philipfe, we had been told, how vigorous and Aé'tive he had been, in the General Ail‘embly, to procure the Concurrence of that Home, with the Council, in the Orderfor burning onenger's Papers, even before t ey were legally Condemned 3and Addrelfing the Governour to tifue a PTQCIulimElOfl, with Promife of Reward for theDifcoveryofthe Writers of them -, and in an Order for Profecuting the poor Printer. We Willi we liadno Occafion to reneattheftThings, to thew the Motives of our Conduct; had we not been obliged thereto, .i‘n Order to vindicate our felyes, we had much rathertlizit they had been buried |