Assembly Proceedings, Sept. 20-Oct. 18, 1694. 41

them for the same. To which Wee humbly Answer, wee are
of Opinion that you & your Councill are Sufficiently Author-
ized & Empowered by yo^r Comission from their Maj^ties to
hear & determine all matters in Law comeing before you
Either by appeale or Writt of Error from the provinciall
Court without any further or other Comicon or Authority for
the same but wee Conceive it Necessary for informacon of
the people that you Signifye by proclamacon how often in the
yeare you will sit to heare & determine such matters.
2 What will bee the best Method or Manner for con-
stituteing a Court of Equity or Chancery in this province
According to the Constitutions of the same.
Wee say that because you have power & Authority to Con-
stitute Erect & Establish such & soe many Courts of Judica-
ture and Publick Justice &^ca as to you shall seem conve-
nient &^ca
You may constitute a pticular Court of Equity in this Pro-
vince but then for the hono^r of the Governo^r & Covncill it
would bee Necessary to declare by a Law that any pson
Expecting to be Releived by Equity shall lay hold of the same
by Injunction or Otherwise before the Matter in Law by
appeale or Error bee laid before the said Govern^r & Covncill
& not affter Or Else you may procure a Law to be made
declareing the Govern^r & Covncill to be Judges in Equity
within this province when the matter shall in a Regular Equi-
table way be brought before them by Subp^a Injunction or
peticon & not otherwise and this wee say because wee are
not Unanimously agreed w^ch of the Two is most agreeable to
the Currant of Law and Constitucon of this Province.
And Wee humbly Signifye that wee take it to be ag^t the
Currant & meaning of the Law & Incongruous of it Selfe to
have the same psons Judges in the provin^ll Court & also
Judges in Covncill for the Nocon of appeareing or Writts of
Error is to Except ag^t the Judgm^t of them Judges that gives

Original
Journal.

Judgm^t and appeale to Other Judges in a Superior Court w^ch
playnely Supposes different psons.
This is our p^rsent Oppinion of the Matters abouesaid To
w^ch (with Submicon to better Judgments) We subscribe
Yo^r Excellencyes most humble
and ffaithfull Servants
Robert Smith
Kenelm Cheseldyn
George Plater
Edw: Boothbye
Will^m Dent
Philip Clarke
Referred to be Re heard again to Morrow Morning
Adjourne till to Morrow Morning

p. 20