The Lower House. 121

In the year 1707 Lib^o P: H: 233 patents issued to each
Judge Empowering them to hold pleas before her the'n Ma^tye
& all other pleas theretofore by virtue of her Ma^tys Commis-
sion to her Justices of her Provinciall Court by them held.
Sign'd Jo: Seymour
Which Patents we find much vary from the form^r Com-
missions and appointed the Judges as if they were King's
Bench Judges, Whereas the Courts on those same Patents

L. H. J.

always proceeded in the Common plea Form in all Civil Cases
and according to the same method and Rules of Judicature as
they used to do, by virtue of the form^r Comission.
We find that in some years after the forms were again
Changed and the Judges appointed by Commission as usually
and in Lib^o P. H: N^o 4 fo: 91 a Commission at large is Entred

dated in 1718 which besides scvcrall Mistranslations or other

mistakes hath some Variation from the words resolved to be
necessary in such Commissions relateing to the Laws of
England Viz. by the s^d Comission the Judges are Empowered
and required to keep or Cause to be kept all & Singular the
reasonable good Laws, Statutes & ordinances of that part of
the Kingdom of Great Brittaine called England and all Laws
Statutes & Ordinances of this province
Also we find in a Commission of the tenth day of Aprill
Anno Dmi 1722 to the Provinciall Court that such like words
are used which words we are of opinion are not so agreeable
to the Constitution as the words in the Resolve.
We also find that in the Commission to the Judges of assize
and Goal Delivery there is some Variation from those words
Viz.
That the Judges are by those Commissions to Determine
according to the Laws and Customs of that part of Great
Brittain lately called England and of this our province,
Whereas we humbly offer the words in the said Resolves
[as] more agreeable to the constitution, for that the word
(Statute) is omitted and also that by the words (of that
part of the kingdom of Great Brittain lately called England)
It seems as if it were only intended to relate to such Laws and
Statutes as were made before the Union; and if the words
were more generally, according to the Laws and Statutes
of Great Brittain, It might seem only to relate to such
Statutes as were made since the Union, and might also relate
to some Laws of North Brittain
Wherefore your Committee humbly offers the words in the
said Resolves as most fit to be observed in all such Com-
missions

p. 150