The Lower House. 359

we shall gladly fall in with it, if not we pray the Bill may
pass as it is in favour of the Masters property, the Servants
Liberty, and the Securing the Publick Peace.
Sign'd p Order Mich: Jenifer Cl. Lo: Ho :

Which was sent to the Upper House by Cap^t Harrison and
M^r Johnson. They Return and Say they delivered it.
The further Address of this House to his Honour the
Governour was Read and Approved of and ordered to be
Entered as follows viz.

To the Hono^ble the Lieutenant Governour
The further Address of the House of Delegates
May it please Your Honour.
It is Indeed Certain and Apparent to us that Many of those
Statutes not Restrained by Words of Locall Limitation
would be prejudiciall to us were they to be Executed here, and
that many of them are of great use and Benefit as Your
Honour most justly Remarks, and that it has been the Prac-
tice ever since the first Settling of the Province for the Judges
here to try and determine by those Statutes (as well as other
the Laws we are governed by) they being Subject to the like
Rules of Common Law or Equitable Construction as are
used by the Judges in Construing Statutes in England which

L. H. J.

has been the Method hitherto approved of, And therefore we
have not attempted any Alteration and we hope your Honour
Intends none
The Oath of Judge Your Honour seems to Misconstrue.
It does not tie the hands of the Judges to Judge according to
the Statutes of England without Exception but according to
the Usage and Constitution of this Province, and what that
Usage is Your Honour Seems well Informed And that it hath
been hitherto generally Approved And therefore hope your
Honour will decline all thoughts of Altering a Course of
Judicature so Long and Successfully Experienced which
leaves no Room for the Inconveniencies Your Honour Men-
tions from the petulancy of Attorneys or other Cause, but
we begg your Honour to Excuse us from attempting to Re-
enact any Statutes that we already have a Right to, for that
as his Lordship is pleasd to Remark in his Speech to us, Such
an Attempt would Shew plainly those Statutes were not lookt
on as Laws of the Country without a Law of our own to enforce
them. We think it our duty to decline giving the Least Um-
brage for such an Argument from any proceedings of ours,
and hope Your Honour will not blame us for our doing so, nor

p. 62