*i6 HISTORICAL ACCOUNT [BOOK n. 



4bJ 



then, tint the same law should have the same pow.r of loosing as 

 binding. 



His majesty giving a power, on urgent occasions, to raise monies the 

 old way, only secures the king's officer's their ealarieSf which else they 

 had been disappointed of; the act cf the militia which was heretofore 

 consented to, ever providing, that, on alarm or invasion, the commander 

 in chief should have unlimited power over all persons, estates, and thin 

 necessary on such urgenci 



As to the 7th, the assembly say, they never desired any power but 

 what his majesty's governors assured them was their birth-rights, and 

 what they supposed his majesty's most gracious proclamation allowed 

 them: also his majesty was graciously pleaded to write a letter to his 

 governor Sir Thomas Lynch, after the double trial of one Peter Johnson, 

 a pirate, signifying his dislike that any thing should be done that should 

 cause any duubt in his subjects, in not enjoying all the privileges of sub- 

 jects of the kingdom of England, or to that effect. 



But as to the obstructing of justice against Brown, the pirate, what 

 they did, though not justifiable in the manner, was out of an assurance, 

 that we had no law in force then to declare my lord chancellor of Eng- 

 land's power and our chancellor's here equal, in granting commissions 

 in pursuance of the statute of Henry the eighth ; which also his majes- 

 ty and council perceiving, have, in the new body of laws, sent one to 

 supply that want : and if they, not meddling with the merits cf the 

 cause, endeavoured to preserve the form of justice, and justice itself, and 

 after denial of several petitions, joined with the council, were led beyond 

 their duty, (for which they were sharply reprimanded by the then gover- 

 nor), they do hope for and humbly beg his majesty's pardon. 



And as for the act upon which he came in, it arose not in the assembly, 

 but was sent from the council, to be consented to by them, which was 

 accordingly done. 



And as to the imprisonment of Mr. Thomas Martyn, one of their 

 members, for taking out process in chancery in his own private concern 

 against several other members, and of the council, the assembly then 

 sitiing, and for other misdemeanors and breach of the rules of the house j 

 they hope it is justifiable, the king's governor having assured them, that 

 they had the same power over their members which the house cf commons 

 have, and ail speakers here praying, and the governors granting, the 

 usual petitions of speakers in England. 



