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

L. H. J.

of King James the first when one of your Honours was one
of the four Judges that filled the Provinciall Bench; and we
cannot think that Instance deserves yo^r Hon^rs notice; Since
that opinion was Grounded on no president, but was mani-
festly contrary to the whole Course of Judicature in this prov-
ince, and well known to be against the Charter & inconsistent
with our Constituton And we cannot conceive the Judges have
been ever Reduced to any Extremity in giving their Judg-
ments what Laws do or do not Extend here or that It has
been ever Doubtfull; and as it never has been so, we think
they have less reason to doubt now than ever, since the same
Course of Judicature has been Still so much the Longer in
use and that usage clearly declar'd in the Resolves of this
House Comunicated to your Honours.
We think your Hono^rs by this message Leave our ill wishers
some room to doubt that you object ag^t the Judges being
sworn to Try & Determine according to any the Laws of Eng-
land unless declar'd by our Acts of Assembly to Extend here,
and we doubt not but they would be Glad to make use of any
handle for such a Construction of your Hon^rs Sense of things ;
For as it is well known that these difficulties in Judicature and
Governm^t are what the Enemies of our protestant Constitu-
tion (the better to Subvert it) most warmly Contend for, and
what we have Sometime Since, as your Hon^rs can't but have
observed, declar'd our Sentiments of, they will no doubt
readily lay hold of the Occasion, And quote your Honours
words as Countenancing their pretensions, and even Quote
your Selves against your selves, and us For so we must ac-
count whatever is against [our] psent Establishm^t of English
Laws and Liberties.
We therefore Hope yo^r Honours will take away all umbrage
of this Sort from those that seek such Innovations, and Join
with us in declaring your Sentiments and Just Resentments
against them

We are Sorry for your Hon^rs Sakes that you in the latter
part of your message decline a further Concurrence with us
in the Subject matter there treated of, untill his L^pp shall have
advised his Governour and Council of State whether such
further alteracons as are contained in M^r Attorney Gen-
erall's Draught of the Oath of a Judge be found Consistent
with his L^pps Charter and agreeable to the Constitution and

p. 165

publick Weal. We understand your Honours as a Council of
State to be by office oblig'd to advise his L^pp and his Govern-
our what was agreeable to the Constitution and publick Weal
of this province, and as part of the Legislature we thought
you not only advisers but in part Directors too of what was