The Lower House. 361

currence of Both Houses of Assembly Concerning the Form
of the Oath of Justice, but yet have not taken that Oath nor
have had it tendered them, and forasmuch as we agree Intirely
with the Sentiments of the Late Lower house Exprest in
their Message of the 20^th of Octo^r 1724, That the Liberties
and Properties of the People Can never be preserved by Laws
unless those Laws be made the Rules of Judicature, and that
the form of the Judges Oaths are Essentiall to the due Ad-
ministration of Justice according to those Rules in which
Consists the due preservation of every Subjects Right, and
because we do not apprehend the Oath of Justice Commonly
taken to be Expressive Enough to answer its Intent, we make
it our most humble Application to Your Honour that there
may be no further Obstruction to this our great Security.
That the accustomed Oath is apt to be Misunderstood ap-
pears to us very Clear from the Examination of those Jus-
tices whereby it appears that upon their being apply'd to for
the doing their Office in Securing the Peace of the County
against persons of Evill fame according to the Statutes of 34^th
of Edward 3^d Cap:1: and 4^th Henry 7^th Cap: 12: and Ac-
cording to the Resolutions of the Justices of the Same Court
in the former Commission the Justices seemed Desirous to
Hear those Statutes for their Information in the Case but
that tho' they heard the former of them, and seemed to be
desirous to hear the other, after a Short Adjournment de-
clared their Resolution not to hear it, nor Any thing more
Concerning that Matter, The Reason of which as we under-
stood by their Declaration before this House, as well as
before a Committee was that Your Honour Mett them at M^r
Bowes's and told them of the Statute made in the fourth

L. H. J.

Year of his Majesty Concerning the Transportation of Con-
victs, and told them to take Care they were not Lead into a
Snare as the Corporation was. From hence we the more
Earnestly begg Your Honour to give Orders [that the Oath]
agreed upon as by both Houses be Administred to all the
Judges and Justices that have not Already taken it, and that
as Your Honour has formerly been pleased to Declare that
the Gentlemen of the Upper house of Assembly, were the
only persons you should put a Confidence in, Your Honour
would be pleas'd to advise with them by all Convenient Op-
pertunities Concerning any Removes or Appointments you
are pleas'd to make in the severall Judiciall Offices of. this
province By this means we hope Your Honour will not only
Reap great Satisfaction, and Ease to Your Self, but admin-
ister them likewise most Agreeably to Your Country.
We humbly pray Your Honour's Resolution in Relation
to the Instruction above mentioned, how far you are deter-

p. 64