Att wliicli Day they appeared and owned that they had refused to pay the money but offered nothing either in Excuse or Justification ; only prayed further time to give their Reasons, because their Council M^ Jamison could not be there and produced a Letter from him to that purpose pose, according to their prayer (when Justice Whitehead was a very earnest Solicitor in their behalf ) We did adjourn to the 23^ Jfebruary, Att which day they came with M-" Attorney General who Appeared in tlieir behalf, and M' Bickley for the prosecution ; M'' Clowes did not at that time speak at all.
M'' Attorney to the best of our remembrance offered these reasons only.
P' Th.at the money must be paid by Order of the Justices and Six of tlie Vestry and Could be done no other ways.
2^ Tlie practice of New- York was, that tlie Vestry signed the Warrants tor paying away the money The Justices cannot do it alone.
3^'}' That indeed he thought nevertheless, That the Justices might order away the paying of the money alone if Application had been first made to the Vestry to try whether they would sign the Warrants or not, but tliat not having been done the Justices could not Do it alone, and therefore the Church Wardens in this Case might refuse to obey the Warrants for the words of the Act of Assembly were Express,
To these it was said on the other side That the Justices were