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

We proceed to the first Point directed to be argued -- Whether the Court can relieve, the Words of the Act being that the Money shall be paid by Order of the Justices and Vestry & not otherwise ? xind in speaking to this Point we shall lay down and maintain the following Propositions.

Isi That the Acts in Question being expressly made to suppress Vice & Profaneness and for the advancement of Religion ; are to be taken by Equity and liberally expounded to obtain as far as possible the Ends which they propose. ^

II That whenever a Case is distinguished from others of the like Nature by unusual Circumstances which create a personal & particular Inconvenience, Equity will relieve. ^

1 Exhibits D. E. F. proved by Dr. Auchmuty Mr Inglis In answfir to Complt tith Interrog. The 60'. 6l8t 62d 63d & 64th. Instructions to Sir Henry Moore; Sir Henry Moores original CoUation Institution St Letters of Induction under the prerogative Seal.

Dr Auchmuty & Mr Inglis In Answer to Coraplt 8th Interrog All the Coraplt Witnesses in answer to his 11th Interrog.

2 Preamble to the first Act. Str. 253. Piercy's Case No 6. 157.

3 10 Mod. 1.

PAPERS RELATING TO CHURCHES IN QUEENS COUNTY. 333

III That Equity will relieve against a Party who strictly speaking has done nothing illegal, when a particular Burthen or Hardship lies upon the Complainant ^ -- ^And here we shall shew that this Case is attended with such Hardship and Inconvenience.