Home / O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. III. Albany: Weed, Parsons and Co., 1850. / Passage

Documentary History of the State of New York, Vol. III

O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. III. Albany: Weed, Parsons and Co., 1850. 286 words

That Statutes are alwa}'s to be so Interpreted tliat there should be no failure of Justice, and many other Arguments, so tliat on the 26^' of the said Month of ifebruary we Did Give Judgment against two Chiu'ch Wardens and ffined them and immediately thereupon gave them notice of our judgment, and the same day a writing under our hands and Seals to Dismiss tliem fi-om their office was Delivered to Each of them ; and new Church Wardens were then appointed by us in tlieir stead.

We are humbly of Opinion may it please yoiu- Excellency that in our proceeding and Judgment herein We have acted according to the true Intent and meaning as well as the Express Letter of the Two Acts of Assembly relating to the Ministry, That it would have been the higliest Injustice in us either to have acted otherwise or Refused to act at all, for as Right Judgment ouglit to be Done, so Justice ought not to be Denyed ; and it is very plain by tliose Acts that the Justices or any two of tliem are Empowered alone to raise the money if the Vestry refuse or neglect to Joyn wdth tliem in the Doing it. And how Could it be Supposed tliat those very persons who had refused to raise the money would when raised agree with us in tiie orderhig and Disposing of it, neither With humble submission Can we think it in tlie Least reasonable they can have any power at all in the Disposeing of that money since they had tlnis willfully Lost their power of Raiseing it ; besides we were further Enforced to this by the King's Writt of Mandamus before mentioned.