other manner procuring an alteration of matters established by law in Church and State, are unlawful assemblies.

It then proceeds, if possible, to prevent the ex. istence of such assemblies, and the means taken are by enacting that, if any person shall give, or publish, or cause or procure to be given, or published, any written or other notice of election, to be holden, or of any manner of appointment of any person, or persons, to be representative, or representatives, delegate, or delegates, or to act by any other name, or description whatever, as representative or representatives, delegate or delegates, of the inhabitants of any province, county, city, town, or other district within this kingdom, at any such assembly, shall be deemed guilty of a high misdemeanour; from which it seems to us, that the Legislature has made it a distinct, and substantive offence to publish a notice of such intended election, and it equally makes it an offence to attend, and vote, and act at such election, and it seems to us, that this is a distinct and and substantive offence in the parties so acting, the very moment such election is made, and before the assembly, to which the persons have been so elected, has actually met.-The statute then proceeds to except and provide, that nothing shall be construed to extend to, or affect elections to be

made by bodies corporate, according to their charters and usages, and also that nothing in the act contained, shall be construed in any manner to prevent or impede the undoubted right of his Majesty's subjects of this realm to petition his Majesty, or both Houses, or either House of Parliament, for the redress of any public or private grievance.

Gentlemen we have already, upon a former occasion, declared our opinion, upon the true construction of this law; we have, however, allowed further diicussion upon it, by the Counsel for the Traverser; and I will advert, to most, or all of the objections, which have been made to the construction given by us, to the act.

It has been argued, that an assembly, to fall within the penalty of this act, must be a representative assembly, representing part of the King's subjects, and meeting, under pretence of petitioning, and the argument urges, that the meeting, must be under a false pretence of petitioning.

Gentlemen, in my apprehension, that construction would but little accord with the provisions and objects of the Act-the objection is founded upon the meaning of the word "pretence," it cannot be denied, that the word "pretence," in various instances, is used with various significations, according to the nature of the subject matter to which it is

applied; it occurs in various Acts of Parliament, in some instances, with the epithet, false; in others, simply, as here," under pretence; and it is contended thatin all instances where it occurs, especially where it means the motive of the mind, it must be understood as connected with the epithet, false,"Instances of the use of this word where the epithet 'false' could not be intended, have been cited upon the part of the Crown from Acts of Parliament; instances have also been adduced, where the epithet 'false,' has by the Legislature been applied to it, where the Legislature did not choose to leave the word simple and at large, and an exceeding strong instance has been adverted to by the Counsel for the Crown, because it occurs in an Act made in pari Materia; the English Act of Parliament. of Charles 2d, to prevent tumultuous meetings "under pretence" of petitioning the King, or the Parliament: there, most manifestly, the word, "false," could not be understood; but in truth it is a word of very various significations, and is used in various Acts of Parliament, either simply, or with the epithet false, annexed to it, according to the for which it is intended. To suppose that where it means the motive of the mind, leading to an act, it must always mean "false," does not appear to me to establish a general rule, of construction, which can be supported by reason.

purpose,

or authority, or by fair observation, on all or any Act of Parliament, where the word occurs. Besides the instances, which have been alluded to, I am reminded, every day, of a particular instance, where the words, "under pretence," have been used by the Legislature, where it is not possible to annex the epithet "false," and where it so plainly signifies the motive of the mind, that you might with little injury to the phrase, and none to the sense, substitute motive in its place. I refer to an Act of Parliament of the very same date, as that in question, and which has been urged, by the Defendant's Counsel, to have passed on the same day with this Act in question, shewing that the same Parliament, and even the same men (for even with respect to that circumstance, some observation has been made, as has, if the word as used in the ancient statutes, had by modern use varied its meaning) made use of this word " pretence," where the epithet "false," could not be applied to it. I allude to an act of the year 1793, which gives various beneficial privileges to the Roman Catholics, upon the terms of swearing an oath, which is set out in the act of Parliament, and by that oath, which is administered here almost every day, every person who takes it, swears that he abjures, condemns, and detests, as unchristian and impious, the principle, that it is lawful to

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murder, or destroy, or any ways injure any person whatever, for, or under the "pretence" of being a Heretick; and that no act in itself unjust, immoral, or wicked, can ever be justified, or excused, by, or under "pretence" or colour, that it was done, either for the good of the Church, or in obedience to any ecclesiastical power what

soever.

Now, one would be tempted to ask, whether any man of the thousands of all ranks and conditions, who have honestly and conscientiously taken that oath, ever connected the word "false," with the word " pretence" in that oath, and whether the Parliament in framing that oath, could possibly have meant the "false pretence" of being a Heretick, or the "false pretence" of being serviceable to the Church. It is used as synonimous with "colour," "cloak," under the allegation of." -It has been so taken by thousands of as honest men, as any in the community, without conceiving that the epithet "false" was understood. In those instances, it would be abused and monstrous to add it. In fact, you may apply to the word pretence, without injuring the sense in these instances, almost any epithet of bad import, except false. You may call it, a base, twicked, impious, absurd, or foolish pretence; but you cannot call it a false pretence; if you do, you make the sen