xii Preface.

In September, 1707, a proclamation was issued by Governor Sey-
mour, with the approval of the Council, requiring that on account of
the corruption, ignorance and extortion of certain attorneys, all who
were not members of some of the Inns of Court in England, should
appear before the Council for examination as to their fitness. Mac-
Nemara immediately petitioned for examination, stating that for three
years he had been practising in the Courts but by this proclamation he
was deprived of his practice and livelihood. His petition was rejected
by the Council on account of his " many misdemeanors " and having
often affronted the Courts and abused his clients. He was told that it
would be time enough to apply for examination when he had given
some evidence of reformation in character.

In the following December the Council demanded an explanation
from Chief Justice Smithson, of the Provincial Court, for his action
in releasing MacNemara on habeas corpus from the jail, to which he
had been committed by the Chancellor for contempt in failing to pay
alimony to his wife (whom he had turned out of doors) as ordered by
the Court of Chancery. Smithson's explanation was so unsatisfactory
to the Council that he was summarily removed from office for his con-
duct in this affair.

In the February following, complaint was made of MacNemara on a
charge of having taken a fee from one whom he represented in forma
pauperis, which, now that he was deprived of practice and unable to
render the service promised, he refused to refund. To the sheriff whom
the Governor sent to ask of MacNemara if this charge were true, the
latter replied that " what he had got, none should take from him." For
this " saucy answer " Governor Seymour ordered him placed in the
stocks "bare breeched" for one hour; but the time was reduced on
account of a violent storm which arose.

In 1709 MacNemara was disbarred from practice in Pennsylvania,
and in October of the same year petitioned the Council in Assembly

for restoration to practice in Maryland. In October, 1710, he was
charged with a breach of the privileges of the Lower House by causing
the arrest of one of its servants. In June, 1714, however, he was
elected Clerk of the House of Delegates and continued in that office
during the sessions of 1715 and 1716. When he was first presented
in the Council Chamber to be sworn as Clerk of the Lower House, the
new Governor, Hart, asked the members of the Council if they had any
objections to the candidate. " They were not pleased to offer any,"
and so the oaths were administered by the Governor. Subsequently