The Lower House. 415

Superior Courts to be to us under the Like Reason and Conse-
quently under the Like Law as the Judges mentioned in the
Statute are to the Subjects in England, and altho the Statute
is that no Subject Resident in England shall be sent Prisoner
beyond the Seas, that is, shall be sent from the place of his
Residence, to be Imprison'd beyond the Seas, Yet if any Sub-
ject here Should be sent from hence to be Imprisoned beyond
the Seas, nay even in England it Self (unless in the Case where
it is particularly ordain'd by the Statute) such Imprisonment
would be within the Reason of the Statute and a Breach
thereof, and these and the Like Constructions are well allow-
able by the Constant practise of the Judges to be put upon
these and other parts of the Statute, And when Your Lord-
ship is pleas'd to observe that it has been often adjudged by
all the Judges that this Statute did not Extend to the Planta-
tions, we hope Your Lordship will not infer from them any
Necessity that it should not Extend here, unless all the other
Plantations have the Like Charter, and like priviledges with
ours: for as our Case and Constitution differ from theirs
so will the Law. As to the Statute of Labourers 5^th of Eliz^th
we have an Act of our own to suit our Constitution that pro-
vides for us in all Cases where that Statute would be Incon-
venient, and the Like of the Statutes of Usury which
Statutes we have heard are disused in many parts of Eng-
land and a Fortiori might be unus'd here had we no acts
of our own in the Case. But as we have they fall no
ways under our Consideration and wherever those Evils
are found here that the Statute of Frauds and Perjuries
provides against, we use that Statute with great Satisfaction,
as it has been frequently us'd here since the first making it,
we generally Disallowing the Probatt of Wills that are not

L. H. J.

made Conformable to it, but these and all These and all other

Statutes are under the Like Rules of Common Law of Equi-
table Construction that are us'd by the Judges in Construing
Statutes in England Except such Statutes as are in favour
of Priviledge which whether Located or Generall are so
Expressly granted us by Your Charter that no Construction
can be well admitted against them.
5. The mention we made in our Late address of the Aver-
ment of a Counsell in Blankard and Galdy's Case as Reported
in 4^th Modern is agreeable to the Book and we us'd it no other-
wise than as the Averment of a Counsell on one side not
deny'd on the other, and such we yet find it, but we Cannot
think the Judgment of the Court was against it, for the Prin-
cipall Case before the Court was on the Statute of the 5^th of
Edward 6^th and not on the Statute of Limitations.

p. 112