Then Stone demanded of the Court what business they had to sit there as a Court and said that he made this Demand in behalf of the Publick, in this he was seconded by the said Joseph Wait and the said Israel Curtis, and were answered by some of the Judges that the Letters Patent or Ordinance erecting the County and the Commission of the Pleas which were always read at the opening of the Court shewed their authority and all who wanted satisfaction ought to have attended to the reading of them, whereupon the said Nathan Stone Joseph Wait and Israel Curtis by many Arguments Denied the authority this Government had to errect the said County which the Court thought prudent to bear with, and not to make much answer to, but gave them to understand they should proceed to do the business then before them, Whereupon the said Joseph Wait, who stood Indicted with some others for a Riot, demanded an Immediate Tryal,--That the Insolent behaviour of the said Joseph Wait, Nathan Stone and Israel Curtis; and the martial appearance of them and their Party' armed and Ranged.as aforesaid being considered, the

644 CONTROVERSY RESPECTING THE

Court apprehended it not prudent that the said Rioters should be then put on Tryal, as the Court and Jury could not be without fear if they were convicted, nor safe to refuse them a Tryal at that time, and oblige them to enter into Recognizance to appear at the Next Term, least they should resent it by some immediate act of violence.' Therefore the Court informed them they might depart without entering into any further Recognizance--after which it was moved by the said Nathan Stone, Joseph Wait and Israel Curtis that John Grout an Attorney of the said Court should be disabled from practising representing him as a bad man, Upon which they were answered by the Court that if Mt Grout was a bad Man it was unknown to the Court that the Court entertained a Contrary opinion of him.