The Upper House. 27

Oath for the Judge of the Provincial Court as should be
laid before us by M^r Attorney General as more Agreable to
our Constitution than the Oaths now in use by reason of some
defects found in them which as you conceived proceeded from
the frequent and careless transcribing of them by young and
careless Clerks
We are willing to joyn with your House in restoring the
Ancient Usages of this Province by removing all such defects
as should appear to have crept into the form of the Oath to the
Prejudice of our constitution and therefore proposed in our
message of the 16^th Instant the amendment of all such defects
and intended to have Governed ourselves by such Antient
forms when sent down to us as well as by the draught of the
Oath laid before us by M^r Attorney General
But forasmuch as we conceive by your Message of Yester-
day that no such defects as you referred to in that Message
are designed to be laid before us we fell upon the considera-
tion of that draught of the Oath brought in by M^r Attorney
General and find essential deviations from the Antientest
forms of the Oaths (as appeared to us by the usual forms
exhibited by the Clerks of the Office) whereby the Judges of
our Courts if such Oath should be imposed upon them would
be entirely Arbitrary in their Proceedings of what Laws &
Statutes of England are most Agreable to our Constitution
and what not, whether they Import Conveniency or ruin to
the good People of this Province

U. H. J.

However to manifest our ready condescension in whatever
may be found Useful towards the perpetuating the security
as well as the rights of his Majestys Subjects within this
Province we are willing to concur with you in the Alterations
propounded so far as they relate to the Letters of the Lord
Proprietary or any other Person in Obstruction to Justice
which we Acknowledge ought to be indifferently administred
without regard to such Letters for we are entirely of Opinion
with you that the Liberty and Property of the People can
never be preserved unless the Laws are made the Rule of Judi-
cature 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 different 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 declaring upon Oath in matters
which appear altogether doubtful & uncertain to them
We therefore conceive that your House will have some
Reason to be Satisfied with the Alterations proposed as above

p. 117