424 Assembly Proceedings, October 6-November 6, 1725.

L. H. J.

so unexpected Argument, we hope you will not blame us, if in
time you be Convinc't that what we have advanc'd is Truth.
But as we would give your Lordship a Hint (to give a
History would be too prolix) of every thing that may be
necessary for your Lordship's Right Information, We begg
Leave to observe, that the sentiments of the Legislature here
within our own Memory, and whilst we were under the
Imediate Government of the Crown, appear to be Consistent
with those of former times.
The Statute of Bigamy i James i: Cap^t 11. was thought
to be Convenient here: but because it was for hanging the
Bigamite and Restrain'd to the people of England and Wales ;
and because Hanging was not accounted a priviledge so as to
bring it within the Words of the Charter, therefore in Aprill
Assembly 1706: An Act of this Province was made to declare
it in force here. This is the practice where Located or
Dubious Statutes are Suitable for us, but where Generall
Statutes, or any part of them, are found Inconvenient for us,

p. 120

and yet are such as by a Common Law Construcon might
be deem'd to affect us, The practise has been to make Acts of
our own to suit our Selves where such Statutes or parts of
Statutes did not suit us, as in the Case of the Statute of Limi-
tations 21 Ja: Cap: 16:§ 3^d we found the times therein Men-
tioned for the Limitations of personall Actions to be too
Long, and in the Year 1669 was made An Act here to Lessen
the times, as particularly where that Statute allow'd Six
Years, we allow'd them but two Years, and since Three
Years, and so of the Rest but as the other Parts of the said
Statute suited us, we made no Act of our own to Alter them,
because they suited us, nor to Introduce them, because they
were Introduc'd with our Ancestors, as well as the Common
Law, at their first Settlement. Instances of this kind are too
numerous to trouble Your Lordship with.
But since we mention the Common Law we begg Leave
to Observe Concerning it, That we do not apprehend Your
Lordship denys us the Benefitt of it, as being by the Common
reciev'd opinions of the best Lawyers allow'd to be our Right ;
But its the Statutes only you deny us. To allow us the Com-
mon Law but not the Statutes (many of which are made for
the Correcting the Errors and Inconsistencies of it and to
Reconcile it with the present times) would be but a piece
meal Complyance with our due by Charter and Instead of
Granting us all the Priviledges due to English Men would
be only allowing us some of them Viz. such as were Sanc-
tioned by the Common Law only. But for the Rest we should
be oblig'd to depend upon your Lordship's Will in which we