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tion of their orders, by the following methods ; | House, under colour and pretence of law; itapnamely,
pears to your Committee, that the same have I. By addressing the crown to issue procla- been attempted, by discharging out of custody mations for apprehending those persons who persons who have been committed by order of
the House : thus stood in contempt of the House (2).
Il. By renewing their orders against such By impleading, in the courts of justice, perpersons, and committing them in a subsequent sons intitled to the privilege of this House, in session of parliament (3).
the cases there brought in question. III. By orders to mayors, bailiffs, and sheriffs, By prosecutions, before the said courts, for to assist the Serjeant or messenger for the ap- words or actions spoken or done under the proprehending of such persons; or to the Serjeant tection of this House. of this House, to call on the sheriffs of Mid- By accusations, tending to call in qnestion, dlesex, and the sheriffs of other counties, and before the said courts, words or actions so spoken all other magistrates and persons, for their as- or done, under false or pretended denominations sistance (4)
of offences, not entitled to the privilege of this IV. By committing, for breach of privilege House. of this House, those officers of the
who It appears also to your Committee, in searchhave refused their assistance to the Serjeant of ing the Journals, that in the above recited inthis House when so called on (5).
stances this House has proceeded, V. By imprisoning those who refused to re- 1st, By taking again into custody persons lease persons entitled to the privilege of this discharged without order of the House (7). House, and by increasing the severity of their 2dly, By directing Mr. Speaker to write restraint according to the nature of the offence, letters to the justices of assize, and other judges, and in consequence of the contumacy of the of. to stay proceedings (8). fender (6).
3dly, By resolutions of this House, That the With regard to the third head, namely,
suits and actions commenced and carried on in breaches of privilege, and contempts of this these cases should be discontinued and annulled,
and should be deemed violations of the privi(2) Sir Giles Mompesson, 28 Feb. and 3 leges of this House (9). March 1620, vol. i. p. 537.-Windebank, Dec. 10, 1640, vol. ii. p. 18.—Sir Basil Brook, April
(7) Pemberton and others, 2 June 1675, vol. 24, 1641, vol. ii. P: 127.—Sir John Lloyd, &c. ix. p. 351. Duncomb, March 22, 1697, vol. Jan. 8, 1680, vol. ix, p. 702.- Brent, Feb. 22, xii. p. 174; when the House Resolved, That 1688, vol. x. p. 32.- Sir Adam Blair, June 15, 1689, vol. x. p. 182—Standish, March 12, 1694, the same session, he discharged by any other
no person committed by this House, can, during vol. xi. p. 266.—Mackenzie, vol. xi. p. 416.- authority whatsoever. Charles Duncombe Grascomb, Nov. 30, 1696, vol. xi. p. 602.--So.
having been committed by order of this House, ranzie, April 11, 1700, vol. xiii. p. 321.-Jef
and afterwards discharged by the order of the freys, Addy, and Clifton, March 25 and 26, House of Lords, without the consent of this 1701, vol. xiii. p. 427, 436, 437.-Colepeper House; it was Resolved, That the said Charles and others, March 28, April 2, 1702, vol. xiii
. Duncombe be taken into the custody of the p. 826.–Tutching, &c. Printers, Feb. 14, 1703, Serjeant at arms attending this House. vol. xiv. p. 336.- Rioters, in Sacheverel's case,
(8) Strickland, 19 March 1605, vol. i. p. March 2d, 4th, and 6th, 1709, vol. xvi. p. 343, 287.- Potts, 2 Feb. 1606, vol. i. p. 391.-Har. 346.-Rebels, 4 and 6 Feb. 1715, vol. xvii. p. rison, 26 and 27 Feb. 1606, for stay of Trial, as 368.-Wilkinson, 9 June and 4 July 1721, vol. in other like cases has been usual, vol. i. p. 342, xix. p. 585.-Leverland, 6 March 1746, vol.
313. Sir R. Gargrave, Sir W. Kingswell
, xxv. p. 313.-A. Murray, 26 Nov. 1751, vol. eodem die et loco. Bond, Feb. 28, 1606, vol. i. p. 309.-Reynolds, 11, 12, 15, 16, and p. 345. Hyam, 5 March 1606, vol. i. P.
349.18th Feb. 1768, vol. xxxi. p. 603, 606, 610, 612, Powlett, 5 May 1607, vol. i. p. 369. Bulling.
ham, 13 May 1607, vol. i. p. 373. Bowes, 20 (3) Harvey and Martin, 22 April 1713, 17th May 1607, vol. i. p. 375. ^ Johnson, 10 June vol. p. 298.-Inglefield, 29 Jan. 1725, 20th
1607, vol. i. p. 381. Stone, 20 June 1607, vol, vol. p. 549.—Phillips and Barnes, 22 Jan. 1733, i. p. 386. Pelham, 2 May 1610, vol. i. p. 423. 220 vol. p. 210.-A. Murray, as above. -Sanders, 18 and 21 May 1610, vol. i. p. 429. (4) Ratcliff
, 14 Nov. 1640, vol. ii. p. 29.-General motion about letters to be written Sir Basil Brook, Jan. 11. and 25, 1641, vol. i. to the justices of assize, referred to the Comp. 371..--Nabbs and Thompson, 21 Dec. 1660, mittee of privileges, report this Resolution: vol. viii. p. 228. --Dudley, 24 Jan. 1670, vol. Resolved, That the former course of writing letix. p. 193.–Topham, 4 June 1675, P. M. vol. ters to the justices of assize, according to preix. p. 353. (5) Hastings and Crook, 19 May 1675, vol. tion to the party.'
ce lents; and, if required, a warrant for inhibi
3 March 1620, vol. i. p. p. 341.–Topham, as above.---Blythe, 7 537. Lord Bulkley, 28 April 1091, vol. x. p; April 1679, vol. ix. p. 587.–Owen, 28 March 537. 1702, vol. xiii. p. 826. (6) Ferrers. -Sir T. Shirley and Sterling, as
(9) Sir Robert Howard, 17 Feb. 1625, vol. i.
p. 820.—Sir William Williams, 7 Feb. 1688, above.
vol. x. p. 21, 146, and 215.-Hollis and others,
4thly, By committing those judges who have Serjeant to repair to the Compter in Bread proceeded to the trial of, or pronounced sen- street, whither the said Ferrers was carried, tence upon, persons entitled to the privilege of and there to demand the delivery of the prithis House, for words or actions spoken or done soner. The serjeant went to the Compfer, and under the protection of the privilege of this declared to the clerks there, what he had in: House (10)
commandment; but the clerks and other offiYour Committee have selected a few cases, cers of the city, after many high words, forcibly from among the many referred to in the margin resisted the serjeant. Whereupon ensued a of this Report, which, from the native of their tray, in which the serjeant's man was knocked circunstances, or the importance of the doctrine down, and the serjeant was driven to detend which they illustrate, or the consequences which himself with his mace of arms.
During this they produced, seemed to your Committee fit fray, the sheriffs of London, called Rowland to be more fully stated than the margin would Hill and H. Suckley, came thither, to whom admit; and are therefore added as an Appendix. | the serjeant complained of this injury, and re
Your Comınittee beg leave to observe, that, quired of them the delivery of the prisoner; but in the diligent search they have made in the they took part with their officers, and gave no Journals, they have not been able to find an attention to his complaint, and contemptuously instance, that any court or magistrate has pre- refused to deliver the prisoner. The serjeant sumed to commit, during the sitting of parlia- returned to the House, and made his report of ment, an officer of the House, for executing the the above transaction; who thereupon would orders of the House.
sit no longer without their burgess, but rose and They farther beg leave to observe, that they repaired to the upper House, where the whole have not been able to find, that there has ever case was declared by the mouth of the Speaker, bech an instance, wherein this louse has suf. before the lord chancellor, and all the lords and fered any person, committed by order of this judges there assembled, who, judging the con-House, to be discharged, during the same ses- tempt to be very great, referred the punishment sion, by any other authority whatsoever, with thereof to the order of the House of Commons; out again committing such person.
who, being returned to their House, ordered: And therefore, with regard to J. Miller, who the serjeant to repair immediately to the sheriffs was delivered from the custody of the messenger of London, and to require the delivery of the by the lord mayor, who for the said offence is prisoner, without any writ or warrant," though now under the censure of the House ; as it ap- the lord chancellor offered to grant a writ, pears to your Committee, that it highly concerns which the House of Cominons refused, being the dignity and power of the House, to main clearly of opinion, that all commands, and other tain its authority in this instance, by re-taking acts proceeding from their House, were to be the said J. Miller; The Committee recom- done and executed by their serjeant, without mend to the consideration of the House, writ, only by shew of his mace, which was bis:
Whether it may not be expedient, that the warrant.-The sheriffs, upon this second de House should order, That the said J. Miller be mand, delivered the prisoner; but the serjeant, taken into the custody of the Serjeant at Arms in pursuance of his orders, charged the said attending this House.
sheriffs to appear before the House the followAnd that the Serjeant at Arms, his deputy ing day, by eight of the clock in the morning, or deputies, be strictly enjoined to call npon the and to bring thither the clerks of the Compter, magistrates, officers of the peace, and other and such other of their officers as were parties persons, who, by the terms of the Speakers to the fray.—The serjeant had also orders to Warrant, are required to be aiding and assisting take into custody the said White, who had proto him in the execution thereof, for such assist- cured the said arrest, in contempt of the priviance as the said Serjeant, his deputy or deputies, lege of parliament. The sheriffs, on the next shall find necessary to enable him or them to day, with one of the clerks of the Compter, who take into custody the said J. Miller.
was the chief occasion of the fray, together with APPENDIX.
the said White, appeared before the House ;
where the Speaker charging them with their Crompton on Jurisdiction of Courts, fo. 9, 10.
contempt and misdemeanor aforesaid, they were “ In the 34th of Henry 8th, one George Fer- compelled to make immediate answer, without rers, a burgess for the town of Plymouth, was being admitted to any counsel, although sir Ro. arrested in London, by a process out of the bert Cholmley, then recorder of London, and King's-bench, at the suit of one White; of other the counsel of the city there present, which the House being informed, ordered the offered to speak in the cause, which were all put
to silence, and none suffered to speak but the 6 July 1641, yol. ü. p. 209 and 203.-Jay and parties themselves: whereupon, in conclusion, Topham, 4 June 1689, vol. x. p. 64, 210, 213, the said sheriffs and White were committed to and 227.-Elford, 13 and 14 April 1716, vol. the Tower of London; and the said clerk, who wjii
. p. 420; and on the 16 April the clerk of was the occasion of the fray, to a place there the peace was ordered to erase the name at the called Little Ease, and the officers of London table,
call Taylor, with four other officers, who had (10) Case of the Five Members, 18 Jan. 1641, arrested Ferrers, were committed to Newgate. Jol. i. p. 337, --Jay and Topham, as above. “ The king, being informed of this proceedo ing, called before him the lord chancellor of swer, and he claiming privilege as before, they, England, and the judges, with the Speaker, because he sbewed no record to prove him a and many others of the House of Commons, to parliament man, pronounced him Contumax, whom he declared his opinion to this effect: He and excommunicated him; ordering him furcommended their wisdom in maintaining the ther, he should, before the 19th of March, atprivileges of their House ; he, among other tend one of the Commissioners, and be bound things, further declared, That he was informed in 3,000l. to appear the Wednesday after, and by his judges, that he at no time stood so highly stand to the order of the court. in his estate royal, as in the time of parliament, Resolved, upou question, That sir Robert when he as head, and they as members, are Howard ought to have had privilege of parliaconjoined and knit together, into one body poli- ment, nem. con. tic; so as whatsoever offence or injury, during “ 2ndly, Resolved, upon question, That sir that time, is offered to the meanest member of Robert Howard claimed his privilege of parliathe House, is to be judged as done against bis ment in due manner, nein. con. royal person, and the whole court of parliament; Resolved, upon question, That a day be which prerogative of the court is so great (as assigned to the members of our House, and his learned counsel inform him) that all acts and those other which are commoners, to answer in processes coming out of any other inferior the House their proceedings against sir Robert courts, must for the time cease, and give place Howard.- This to be done upon Friday next, to the highest.
nine o'clock. “ Whereupon sir Edward Montagu, then “ Those of our own members to be made aclord chief justice, declared his opinion, confirm- quainted with the day; for the other commoning by divers reasons what the king had said ; ers, a warrant shall issue under Mr. Speaker his which was assented to by all the rest, none hand, for their appearance that day." speaking to the contrary."
3rd May, p. 854.
“ Sir John Hayward This case is also referred to by sir Robert At- called in about sir Robert Howard's business, kyns, in his tract On the Power, Jurisdiction, and interrogated by Mr. Speaker, &c. and Privilege of Parliament, and in Dyer's Re- “ Dr. Pope called in, and interrogated. ports.
“ Mr. Mottersey, the Register, called in, and Sir Robert Howard's Case, February 17,
Upon question, all the proceedings in the 1625, vol. 1, p. 820.
high commission court against sir Robert “ Motion made, where sir Robert Howard, Howard, from the 1st of February 22 James, during privilege of parliament, was excommu- at which time he ought to have had his privinicated for not taking the oath ex officio. lege of parliament, declared to be void, and
“ Resolved, upon question, to refer this to ought to be vacated and annihilated. the examination of a select committee, Mr. Sel- "Secondly, upon question, whether a letter den and others.
to be written, by Mr. Speaker, to the lord of “ This committee to take consideration of the Canterbury and the rest of the Lords, and restraint and excommunication of sir Robert others of the high commissioners, for annulling Howard, and to make their report to the House of the said proceedings ? the House divided. of their proceedings and opinions therein," p. Carried for the negative. 821.
“Upon question, sir John Hayward, Dr. March 21, p. 839. “ Mr. Selden reports Pope, and the Register, called in ; and the effrom the committee, That sir Robert stood pri- fect of the said order declared to them by Mr. vileged by the House, when these proceedings Speaker; and that the House expecteth it to were had against him.—That upon his appear- be done, and to hear by Monday next that this ance before the court, an oath was tendered be done; and in the mean time, the House will him, to answer things objected against him ; respite any resolution concerning themselves ; he answered, he was a burgess of parliament. and that they attend the House again on MonThey pressing him notwithstanding to answer, day morning: And the like notice to be given they at length committed him close prisoner to to Mr. Comptroller and sir H. Martyn, by the the Fleet. Having laid two days, he petitioned serjeant : all which was done by Mr. Speaker the lord keeper for a corpus cum causa; and accordingly.” upon Mr. Bembow's certificate that he was a 10 June, p. 869. “ Sir George More in. parliament man, the lord keeper enlarged him formeth the House, That he was present at an by the 10th of March. That day the court of high commission court, where seven bishops high commission pressed him again to answer; present; and knoweth, that then all the prohe claimed the privilege of parliament again; ceedings against sir Robert Howard, from the they (the parliament approaching) gave him 1st of February, 22 Jac. were frustrated and tiine of deliberation. On the 15th of March made void. And sir H. Martyn affirmed, that the parliament sat and adjourned. On the 17th the order of the House there read and allowed ; of March they called him again ; when he and all ordered to be done there accordingly, brought them the copy of the
indenture of re- “ Tuesday next, for full satisfaction to be turn under Bembow's hand, and the copy of given to this House, of the performance of the the Habeas Corpus upon which he had been order concerning sir Ro. Howard." delivered. That, he being again pressed to an- On June 15th, the parliament was dissolved.
was over-ruled; the then judges ruling the 1661, 18 December, vol. 8, p. 335. Case of
Petitioner to plead in chief, and thereupon he STERLING.
pleaded the orders in bar to the actions ; not. * Upon information given to this. House, withstanding which plea and orders, the then That alderman
Sterling, one of the judges gave judgment against him, &c.” sheriffs of London, being served with an order, 5th July, p. 209. “ Colonel Birch reports signed by Mr. Speaker, to discharge James from the Committee of privileges and elecLyde, menial servant to sir Henry Herbert tions, to whom the petition of J. Topham was (who was arrested and imprisoned in the Poul- referred, &c. try Compter) out of prison ; the said sheriff “Whereupon the House Resolved, That this refused to obey the said order, or discharge the House doth agree with the committee, that the said Lyde; but put the order up in his pocket, judgment given by the court of King's-bench, and said, he would answer it to the Speaker in in Easter Term, 34 Car. 2. Regis, upon the the House.
plea of John Topham, at the suit of John Jay, * Resolved, That the said sheriff Sterling be to the jurisdiction of that court; and also the forth with this morning sent for, in custody of judgments given against the said Mr. Topham, the serjeant at arms, to this House, to answer at the suit of Samuel Verdon, &c. are illegal, his misdemeanor and breach of privilege."
and a violation of the privileges of parliament, Dec. 19. " Resolved, That sheriff Sterling and pernicious to the rights of parliament, be called to the bar of this House; and shall
, “Ordered, That sir_Francis Pemberton, sir upon his knees, receive the reprehension of Mr. Thomas Jones, and sir Francis Wythens, do atSpeaker, for his contempt and breach of the tend this House, on Wednesday morning order of this House ; and that he be continued next.” in the custody of the serjeant at arms, till he do 19 July, p. 227. “ Sir Francis Pemberton cause Lyde, servant to sir Henry Herbert, to be and sir Thomas Jones attending, were called released out of prison, without any fees or in; and having been heard in their defence, charges.
were committed to the Serjeant at Arms, for “ The sheriff being called in, and kneeling at their breach of the privileges of this House, by the bar, Mr. Speaker gave him a grave repre- giving judgment to over-rule the plea to the bension; and told him, That some sheriffs of jurisdiction of the court of King's-bench, in London, for a less offence, had been sent to the the case between Jay and Topham.” Tower ; but, in regard of his loyal affections to The Case of sir William Williams; against his majesty, the House was pleased to remit his whom, after the dissolution of the parliament ofence, upon the enlargement of the prisoner : held at Oxford, an information was brought, by but that he should remain in the serjeant's cus- the Attorney General, in the King's-bench, in tody until the prisoner was released, as afore- Trin. Term, 36 Car. 2, for a misdemeanor mid."
for having printed the information against Tho4 June, 1675, p. m. vol. 9, p. 353. “ Or- mas Dangerfield, which he had ordered to be dered, That Mr. Speaker do issue out a warrant printed, when he was Speaker, by order of the to John Topham, esquire, serjeant at arms now House. Judgment passed against him on this attending this House, to authorize and require information in the second year of king James him, that, if any person or persons shall attempt the Second. This proceeding the Convention or go about to arrest, imprison, or detain, him Parliament deemed so great a grievance, and from executing his office, or from his attend- so high an infringement of the rights of parliaance upon this House, to apprehend such per- ment, that it appears to your committee to be sons, and bring them in custody to answer their the principal, if not the sole, object of the first breach of privilege ; and to require and autho- part of the eighth head of the means used by rize all persons to be aiding and assisting to him king James to subvert the laws and liberties of therein."
this kingdom as set forth in the declaration of 4th June, 1689, vol. 10, p. 164. “ A Petition the two Houses; which will appear evident of Jolm Topham, esquire, was read; setting from the account given in the journal, 8th Feb. forth, That he, being a serjeant at arms, and 1688, of the forming of that declaration, the attending the House, in the year 1679 and 1680, eighth head of which was at first conceived in when several orders were made and directed to these words ; viz. “By causing informations the Petitioner, for the taking into his custody to be brought and prosecuted in the court of the several persons of sir Charles Neal, &c. &c. King's-bench, for matters and causes cogand others, for several misdemeanors by them nizable only in parliament; and by divers other committed, in breach of the privilege of the arbitrary and illegal courses. House ; and after that the Commons were dis- 11 February 1688. “ To this article the solved, the said persons, being resolved to ruin Lords disagreed ; and gave for a reason,
bethe Petitioner, did, in Hilary Term the 33rd or cause they do not fully apprehend what is 34th of king Charles , sue the Petitioner in meant by it, nor what instances there have been the King's-bench, in several actions of trespass, of it; which therefore they desire may be exbattery, and false imprisonment, for taking and plained, if the House shañ think fit to insist detaining them as aforesaid: To which actions further on it.” the Petitioner pleaded to the jurisdiction of the 12 February 1688. " The House disagree court the said several orders; but such bis plea with the Lords in their amendment in leaving
out the eighth article. But in respect of the Meare, bad, by a prosecution at law, in the last liberty given by the Lords in explaining that great session for the county of Pembroke, en
deavoured to turn Richard viscount Bulkeley " Resolved, That the words do stand in this of the kingdom of Ireland, a member of this manner :-By prosecutions in the court of House, out of the possession of part of his King's-bench for matters and causes cognizable estate ; only in parliament, and by divers other arbi- “ Ordered, That it be referred to Mr. trary and illegal courses."
Speaker, &c. By which amendment, your committee ob- “ Ordered, That Mr. Speaker do write a serves, that the House adapted the article more letter to the prothonotary that he do not make correctly to the case they had in view; for the out, and to the sheriff of the county of Peminformation was filed in king Charles the se- broke that he do not execute, any writ, whereby cond's time; but the prosecution was carried the lord Bulkeley's possession may be dison, and judgment obtained, in the second year turbed, until Mr. Speaker shall have examined of king James.
and reported the matter to the House, and this That the meaning of the House should be House take further order therein.” made more evident to the Lords; the House 1716, April 14, 15, 16, vol. 18, p. 420. “The ordered, “ That sir William Williams he added House being acquainted that Jonathan Elford, to the managers of the conference;" and sir esq. a member of this House, has been sumWilliam Williams the same day reports the moned, by John Metcalf and Alexander Ward, conference with the Lords: and “That the esquires, iwo justices of the peace for the county lordships had adopted the article in the words of Middlesex, to appear before them, to take the as amended by the Commons.” And corre- oaths appointed by the late act of parliament ; sponding to this article of grievance is the as- which summons was delivered in at the clerk's sertion of the right of the subject, in the ninth table, and read: article of the declaratory part of the bill of “ Ordered, That John Metcalf and AlexRights: viz. “ That the freedom and debates ander Ward, esquires, do attend this House toor proceedings in parliament ought not to be morrow morning.” impeached or questioned in any court or place April 14. “ Were called in: They acknow. out of parliament."
leged they did issue a warrant for Mr. Elford To which may be added, the latter part of to come and take the oaths; but that they did the Sixth Resolution of the Exceptions to be not know he was a member of the House, unmade in the bill of Indemnity, Journal, vol. 10, til they had made a return into the quarter ses. p. 146, wherem, after reciting the surrender of sions. charters, and the violating the rights and free- “ Ordered, That the clerk of the peace doms of elections, &c. it proceeds in these the county of Middlesex do attend, upon Monwords : " And the questioning the proceeed- day morning next, with the return, &c. ings of parliament, out of parliament, by de- April 16. “ Ordered, nem. con. That the clarations, informations, or otherwise, are crimes deputy clerk of the peace for the county of for which some persons may be justly excepted Middlesex be called in, and, at the table, erase out of the bill of Indemnity.”
the name of Jonathan Elford, esq. a member of On the 11th of June 1689, p. 177. “ The this House, out of the return made by John MetHouse ordered, That the records of the court calf aud Alexander Ward, esquires, two of the of King's-bench, relating to the proceedings justices of the peace for the said county, of against William Williams, esq. now sir Wii- such persons as have been summoned by them liam Williams, knight and baronet, late Speaker to take the oaths, and who have neglected and of this House, be brought into this House, by refused so to do. the Custos Brevium of the said court, on Thurs- “ And Mr. Hardesty was called in; and, at day morning next."
the table, erased out the name of Jonathan ElOn the 12th of July, p. 215. “ The record ford accordingly.” was read; and the House thereupon Resolved, 14 Nov. 1640, 2 vol. p. 29. « Ordered, That the judgment given in the court of King's- That a warrant shall issue, under Mr. Speaker's bench, in Easter Term, 2 Jac. 2, against band, to all mayors, justices of peace, bailiffs, William Williams, esq. Speaker of the House sheriffs, constables, and other bis majesty's of Commons, in the parliament held at West- officers of this kingdom, requiring them to be minster, 25 October 32 Car. 2, for matters assistant to the bearer or bearers of the warrant done by order of the House of Commons, and of this House, for the bringing in safe custody; as Speaker thereof, is an illegal judgment, and sir G. Radcliffe to this House, for the better and against the freedom of parliament.
more effectual execution of his or their said “ Resolved, That a bill be brought in, to re- warrant." Verse the said judgment.”.
January 11th 1641, vol. 2, p. 371.
"Or: This bill was twice read; but went no fur- dered, That, in the execution of the warrant of ther in that session,
this House for the apprehending of sir Bazil 1691, 28 April, vol. 10, p. 537.
Brooke, the Serjeant at Arms attending this plaint being made to the House, That Sam. House, his deputy or deputies, do require the Hughes and William Philipps, esquires, Walter assistance of all sheriffs, justices of
peace, Thomborough, an attorney at law, and Francis stables, and other officers,
i6 A com