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. 320 words

The Plea v.e mjide was, That it was against tlie Priviledge of tlie House, to Appeach any Member of the same in any Court or Place but in the House ; desiring the Court Avould fake tliat f )r an answer. Which Plea tlie Chief Justice over-i-iiled, there not being any other upon the Bench to assist. And T have been at f lur Courts, and kn )w not but tliat it must be from Court to Court so long as I live ; which has been a great

PAPERS RELATING TO SUFFOLK COUNTY. 381

Hardship upon me already, which I set forth in a Memorial to the House in Jam the 21st 171G. They took the same into Consideration, a:id resolved to Address his Excellency on that account; The Speaker with the whole House presented the Address, which is as Iblloweth :

The humble Address of the General Assembly of JVew-York May it please your Excellency^

THE Assembly being deeply sensible of the great Hurt^ Damage and Inconveniency Mr. Samuel Mullbrd, a Member of this House, suffers ajid undergoes, by Occasion of a Prosecution against him in the Supream Court for Printing and Publishing a Speech formerly made by him in Assembly, are humble Suters to your Excellency, To give Orders that Mr. Mulford, in regard of his great Age, Distance of Habitation from the City, and other Considerations, may he freed and discharged from the said Prosecution, in the Supream Court.

The other Considerations in the Address, may be because tlie Prosecution was against the Priviledges of the House appears by Act of Parliament, and contrary to a Law of the Colon)^, wliich saith, That in all Cases Capital and Criminal, there shall be a grand Inquest, who shall first present the Offence, aitd then Twelve good Men of the Neighbourhood, to try the Offendor, who after his Plea to the Indictment, shall be allowed his reasonable Challenges.