44 Assembly Proceedings, October 6-November 4, 1724.

U. H. J.

the Act of Limitation of King James the first when one of
your Honours was one of the four Judges that filled the
Provincial Bench and we cannot think that Instance deserves
your Honours Notice since that opinion was Grounded on
no President but was manifestly contrary to the whole
course of Judicature in this Province and well known to be
against the Charter and inconsistent with our constitution
and we cannot conceive the Judges have been ever reduced
to any Extremity in Giving their Judgments what Laws do

p. 131

or do not extend here or that it has been ever doubtful and
as it never has been so we think they have less Reason to
doubt now than ever since the same course of Judicature has
been still so much the longer in use & that Usage so clearly
declared in the Resolves of this House communicated to your
Honours
We think your Honours by this message leave our ill
wishers some Room to doubt that you Object against the
Judges being sworn to try and determine According to any
the Laws of England unless declared by our Acts of Assem-
bly to extend here and we doubt not but they would be Glad
to make Use of any handle for such a construction of your
Honours Sence of things for as it is well known that these
difficulties in Judicature & Government are what the Enemies
of our Protestant Constitution (the better to subvert it)
most warmly Contend for, and what we have some time since
as your Honours can't but have Observed declared our Sen-
timents of they will no doubt readily lay hold of the Occasion
and quote your Honours words as countenancing their Pre-
tensions and even quote yourselves Against your Selves and
us for so we must Account whatever is Against our present
Establishment of English Laws and Liberties
We therefore Hope your Honours will take away all Um-
brage of this sort from those that seek such Innovations and
joyn with us in declaring your Sentiments and just Resent-
ment against them
We are sorry for your Honours sakes that you in the latter
part of your Message decline a further concurrence with us
in the Subject matter there treated of until the Lord Pro-
prietary shall have advised his Governor & Council of State
whether such further Alterations as are contained in M^r
Atty Generals Draught of the Oath of a Judge be found con-
sistent with his Lordships Charter and Agreable to the Consti-
tution and publick Weal We understood Your Honours as A
Council of State to be by Office Obliged to advise his Lord-
ship and his Governor what was Agreable to the Constitution
and publick Weal of this Province and as a part of the