128 Assembly Proceedings, October 6-November 4, 1724.

L. H. J.

ceeded from the frequent and careless Transcribing of them
by young and careless Clerks
We were willing to Joyn with your House in restoreing the
Ancient Usages of this Province by removeing all such
defects [as] should appear to have crept into the form of the
oath to the prejudice of our Constitucon and therefore pro-
pos'd in our message of the 16^th Instant the amendment of all
such Defects, and intended to have Govern'd ourselves by
such ancient forms when sent down to us, as well as by the
Draught of the oath laid before us by M^r Att^y Gen^ll
But forasmuch as we conceive by your message of yes-
terday that no such defects as you referr'd to in that message
are design'd to be Laid before us, We fell upon the con-
sideracon of that Draught of the oath brought in by M^r At-
torney Generall and find Essentiall Deviations from the
ancient Forms of the oaths (as appeared to us by the usuall

p. 155

forms Exhibited by the Clerks of the office) whereby the
Judges of our Courts, if such oath shou'd be imposed upon
them would be intirely Arbitrary in their Determination of
what Laws and Statutes of England are most agreeable to our
constitution, and what not, whether they Import conveniency
or ruin to the Good people of this province.
However to manifest our ready condescension in what ever
may be found usefull towards the perpetuating the security
as well as the rights of his Majesty's Subjects within this
province we are willing to concurr with you in the alteracons
propounded so farr as they relate to the Letters of the Lord
Propriary or any other person in obstruction to Justice,
which we acknowledge ought to be indifferently administred
without regard to such Letters, For we are intirely of opinion
with you that the Liberty and property of the people can never
be preserved unless the Laws are made the Rule of Judica-
ture, But then we think it absolutely necessary that all such
Laws should be in some manner or other apprehended and
made known to the Judges lest differrent Judgments in things
of like nature should be given at different times through the
Variety of opinions in what Statutes do, and what do not
Extend to this Province, and the Judges themselves be
reduced to the last Extremity of declareing upon oath in mat-
ters which appear altogether Doubtfull and uncertain to them
We therefore conceive that your House will have some
reason to be Satisfied with the alteration propos'd as above
for the present untill the Lord Propriary shall have advised
his Governo^r and Council of state whether such further alter-
ations as are contain'd in M^r Attorney Generall's Draught
relateing to the Oath of a Judge be found to be consistent with