to the King broken, Property invaded, and reputation sullied, are so multiplied that the List is a Satyre on our Species, and [I] wish I cou'd be excus'd from enumerating the many Ways by w'ch human Nature has been degraded, but I am compell'd to display the Cataloge before you, and some of the Articles I hope you will be able effectually to wipe out. You are, Gent., to punish all who dare Blaspheam Almighty God, a Crime which seems to include a Capacity for all others, for what may not be dreaded from the Wretch who reviles infinite Goodness, ridicules consumate Wisdom, and defies unbounded Power, as a lower Species of this Offence. You are to take Notice of the contemptuous Violation of the Sabbath, w'ch is an Outrage on every Christian; and of the horrid Oaths and Imprecations, w'ch wou'd make a Mahomitan tremble. Perjury in Judicial Concerns is a dreadful Complicat'n of Guilt, it's a daring Insult on the Deity, and the most scandalous, as well as dangerous Invasion of the Property of Others. Drunkenness, also, however Venial and trifling in comon Estimation, is to be class[ed] Among the Offences w'ch are more imediately comitted against the Majesty of Heaven, as it debases His Image, and abuses His Bounty. You are next to present all the Species of Treason and misprison of Treason, w'ch are Offences comitted against His most Sacred Majesty, under w'ch is included: - Counterfeiting the Coin, or bringing false Coin into the Colony, or counterfeiting foreing Coin that are current here, and uttering seditious Words against His Majesty's Person and Gov't. The Crimes that relate to our Fellow Subjects are -Murder, Burglary, robbing on the High-Way, Stealing, or receiving stolen Goods, riots, routs, or unlawful Assemblies, Assaults, or in general, all Gaming, Bribary, Extortion, keeping disorderly Houses, Cheats, Nuisances and Neglect to repair the High-Ways and Bridges. Such, Gent, is a List of Crimes you are to present, w'ch, yet, is far from including all possible Methods, by w'ch ingenious Wickedness may deviate from the rules of Society. For that there is a constant Succession of new Vices, or at least new Modes of Vice, for the Evasion of Legal Punishment, is the constant Experience of every Legislature, as appears from the perpetual enaction of new Laws. When therefore on Y'r Enquiries, you shall perceive any of these malignant Plants spring up, Y'r Duty to Y'r God, Your King, Y'r Country and Y'r Selves, requires that you exert all Your Power for their imediate Destruction. Great indeed is this Task, Gent., but the Order of our happy Consti tution directs the Performance thereof, and I Congratulate the Publick and myself, that it is in so able Hands, and I doubt not but that you will acquit Y'r Selves so as to not only to have the Praise of Men, but also the Blessing of God. My fourth Charge, Oct'r 16th, 1753. The Official Records of Robert Dinwiddie (Virginia Historical Society, Collections, New Series, III, Richmond, 1883), I, 35-37. 71. Records of a Precinct Court (1693/4) BY THE CLERK OF THE COURT OF PERQUIMANS This is an interesting example of the records of a court of first instance for petty causes. Bibliography: Channing and Hart, Guide, § 147. AT T A COURT HOLDEN AT THE HOUSE OF DIANA Mrs. Durant enters for her two Grand Children a young sorrell mare with a star in her forhead Called Bonne the same mare & her increase & increases to to Ann and Elizabeth Waller to them and their heires for ever. Thomas Lepper has proved ten Rights in ye County Court Tho Kent Ann his wife Sarah Kent Rebeccah Kent Ann Kent Jun' John Thomas Wm Brown Wm Brickstone Tho Lepper Nicholas Robeson John Barrow proves three rights by importation Robert Tester Simon. Smith and a negroe Jean Thomas Pierce has proved his rights being Thomas Pierce John Pierce Susanna Ruth Pierce Dorothy Pierce Mary Pierce Mary Bridges John Wilkeson and John Pierce in all nine Rights Hannah Gosby has entered nine Rights Jno. Gosby Jn° Anderson John Kinsey Richard Waterlow Kathrine Kinsey Jean Anderson & 3 hands from Jno Northcoate Joseph Hepworth Jeremiah White & Henry Clay sen' in all nine Rights Peter Gray Proves two Rights for himselfe transporting twice into the Governmte and one given him by John Twegar Upon a petition exhibited by Jabell Alford praying to have liberty to chuse a Guardian. Ordered that the said Jabell Alford be bound to . Mr Susanna Hartley Widow untill he be one and twenty yeares of age & that ye said Mr Hartly be bound and enter into bond to learne him the trade of a Carpenter or Joyner wthin ye said time. . . . [November 6.] A Bill of enditemte was Brought agt Wm Shreenes and presented to ye Grand Jury ye Grand Jury finds Billa vera y Petty Jury was sent out & found ye Priso' guilty of Petty Larceny & so returned ye Bill whereupon he was ordered by the Court to have 30 lashes. upon his naked back stript to his wast & sevearly Whipt and be bound to serve for his Phees one yeare and half from this day 9brs 9th to his Mr John Hatton besides his former Indenture of ffive yeares . . . A Bill of enditemte was brought agt Robert White & Vincent White his son & presented to ye Grand Jury The Grand Jury finds Billa vera The petty Jury was sent out and they brought their verdict they found ye prisoners guilty of Grand Larceny & they craved the Benefit of ye clargey weh being granted Ordered that they be branded in ye hand wth the letter T upon ye Brawn of ye left thumbe wch was executed accordingly on Rob' White; ye other reteined to long Time or be delivered by the Palatines Court . . . Susana Harris enters for her daughter Sarah her proper Marke a crop & two Slitt on ye left ear & an over keele & an under keele on ye Right ear. William L. Saunders, editor, The Colonial Records of North Carolina (Raleigh, 1886), I, 392-402 passim. 72. A Prosecution for Criticising Government (1734) BY JOHN PETER ZENGER (1738) Zenger was the publisher of the New York Weekly Journal, and was prosecuted for teaching contempt of His Majesty's government. His acquittal is a landmark in the history of the press and of freedom of speech in America. - Bibliography: Winsor, Narrative and Critical History, V, 242; Channing and Hart, Guide, § 105. E it remembred, That Richard Bradley, Esq; 'New-York, ss. King, for the Province of New-York, who for Our said Lord the King in this Parts Prosecutes, in his own proper Person comes here into the Court of Our said Lord the King, and for Our said Lord the King gives the Court here to understand, and be informed, That John Peter Zenger, late of the City of New-York, Printer, (being a seditious Person, and a frequent Printer and Publisher of false News and seditious Libels, and wickedly and maliciously devising the Government of Our said Lord the King of this His Majesty's Province of New-York, under the Administration of His Excellency William Cosby, Esq; Captain General and Governour in Chief of the said Province, to traduce, scandalize and vilify, and His Excellency the said Governour, and the Ministers and Officers of Our said Lord the King of and for the said Province to bring into Suspicion and the ill Opinion of the Subjects of Our said Lord the King residing within the said Province) the Twenty eighth Day of January, in the seventh Year of the Reign of Our Sovereign Lord George the second, by the Grace of God of Great Britain, France and Ireland, King, Defender of the Faith, &c. at the City of New-York, did falsly, seditiously and scandalously print and publish, and cause to be printed and published, a certain false, malicious, seditious, scandalous Libel, entituled, The New-York Weekly Journal, containing the freshest Advices foreign and domestick; in which Libel (of and concerning His Excellency the said Governour, and the Ministers and Officers of Our said Lord the King, of and for the said Province) among other Things therein contained are the Words "Your Appearance in Print at last, gives a Pleasure to many, tho' most wish you had come fairly into the open Field, and not appeared behind Retrenchments made of the supposed Laws against Libelling, and of what other Men have said and done before; these Retrenchments, Gentlemen, may soon be shewn to you and all Men to be weak, and to have neither Law nor Reason for their Foundation, so cannot long stand you in stead: Therefore, you had much better as yet leave them, and come to what the People of this City and Province (the City and Province of New-York meaning) think are the Points in Question (to wit) They (the People of the City and Province of New-York meaning) think as Matters now stand, that their LIBERTIES and PROPERTIES are precarious, and that SLAVERY is like to be intailed on them and their Posterity, if some past Things be not amended, and this they collect from many past Proceedings." (Meaning many the past Proceedings of His Excellency of the said Governour, and of the Ministers and Officers of our said Lord the King, of and for the said Province) . . . among other Things therein contained, are these Words, [") One of our Neighbours (one of the Inhabitants of NewJersey meaning) being in Company, observing the Strangers (some of the Inhabitants of New-York meaning) full of Complaints, endeavoured to perswade them to remove into Jersey; to which it was replied, that would be leaping out of the Frying Pan into the Fire; for, says he, we both are under the same Governour (His Excellency the said Governour meaning) and your Assembly have shewn with a Witness what is to be expected from them; one that was then moving to Pensilvania, (meaning one that was then removing from New-York, with intent to reside at Pensilvania) to which Place it is reported several considerable Men are removing (from New-York meaning) expressed in Terms very movong much Concern for the Circumstances of New-York (the bad Circumstances of the Province and the People of New-York meaning) seemed to think them very much owing to the Influence that some Men (whom he called Tools) had in the Administration (meaning the Administration of Government of the said Province of New-York) said he was now going from them, and was not to be hurt by any Measures they should take, but could not help having some Concern for the Welfare of his Country Men, and should be glad to hear that the Assembly (meaning the General Assembly of the Province of New-York) would exert themselves as became them, by shewing that they have the Interest of their Country more at Heart, than the Gratification of any private View of any of their Members, or being at all affected, by the Smiles or Frowns of a Governour, (His Excellency the said Governour meaning) both which ought equally to be despised, when the Interest of their Country is at Stake. You, says he, complain of the Lawyers, but I think the Law it self is at an End, WE (the People of the Province of New-York meaning) SEE MENS DEEDS DESTROYED, JUDGES ARBITRARILY DISPLACED, NEW COURTS ERECTED, WITHOUT CONSENT OF THE LEGISLATURE (within the Province of NewYork meaning) BY WHICH IT SEEMS TO ME, TRYALS BY JURIES ARE TAKEN AWAY WHEN A GOVERNOR PLEASES, (His Excellency the said Governour meaning) MEN OF KNOWN ESTATES DENYED THEIR VOTES, CONTRARY TO THE RECEIVED PRACTICE, THE BEST EXPOSITOR OF ANY LAW: Who is then in that Province (meaning the Province of New-York,) that call (can call meaning) any Thing his own, or enjoy any Liberty (Liberty meaning) longer than those in the Administration (meaning the Administration of Government of the said Province of New-York) will condescend to let them do it, for which Reason I have left it, (the Province of New-York meaning) as I believe more will." To the great Disturbance of the Peace of the said Province of New-York, to the Great Scandal of Our said Lord the King, of His Excellency the said |