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Proceedings and Acts of the General Assembly, 1727-1729 With Appendix of Statutes, 1714-1726
Volume 36, Page 185   View pdf image (33K)
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The Lower House. 185


mittee to be Calculated first to furnish a Pretence for endless Dis-
putes which may reach every case that shall be Determined upon the
foundation of an Act of Parliament (Viz) Whether such Act has
ever been made use of in this Province or which is the same thing
any Judgment given upon it and consequently to bring the founda-
tion of such Decision in Question and such Question cannot be de-
termined in many Cases even where the Statutes of England have
been the foundation of the Judges resolution Since by any Proceed-
ings in many Causes on Record the reasons or Arguments do not
appear, nor is it Customary to mention generall Statutes in the
Pleadings altho the Judgments of the Court have been Actually
founded on them.

L. H. J.

2ly To Exclude the Subject of the Benefit of every Act of Par-
liament whereon no Judgment appears yet to have been rendered
altho there are many such that are as necessary to Secure the Sub-
ject all his Rights and Liberties as any that he hath already had the
Benefit of in any of our Courts of Justice and which it is very Prob-
able the Subject would have just cause to complain of the Breach
and to Claim the Benefit of in a Judicial way before now had not
Evill minded People been afraid of the Penalties they might have
been Liable to for transgressing such laws.
And 3ly To Exclude the Subject of any Advantage of future
beneficiall Statutes for in a Grammaticall Construction of the words
(have been used) we conceive they will be restrained only to the
Statutes heretofore used and not to mean the Usage of this Province
of Statutes in generall.
Or at best that such terms may be made the Subject of Conten-
tion and Probably a Pretence to injure the Subject by Depriving
him of the Benefit of a Law that he has a right to.
3ly That the Words for the Letters of the King the Lord Pro-
prietary or of any other whatsoever are omitted in the Oath for
what reason we cannot apprehend unless it be that it was thought
the incerting them was Prejudiciall to the Royall Prerogative or
the Proprietary's as Hinted by his Honour the Governor in his
Speech to both houses.

p. 16

Your Committee beg leave to observe that the words of the
Statute of eighteenth of Edward the third which was made near
four hundred Years Since and has continued ever since without
Alteration are, That ye deny to no man Common Right by the
Kings Letters nor none other mans, & in the twentieth year of the
same King it is observed that the King had commanded all his
Judges that they should thenceforth do Equall Law and Execution
of Right to all his Subjects rich and Poor without having regard
to any Person and without omitting to do Right for any Letters or
Commands that might come from the King himself or from any
other or by any other Cause and that if any, Letters, Writs or Com-

p. 17



 
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Proceedings and Acts of the General Assembly, 1727-1729 With Appendix of Statutes, 1714-1726
Volume 36, Page 185   View pdf image (33K)
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