The Upper House. 13

M^r Cornelius White Attorneys of the Provinciall Court being
Sent for came & Attended his Ex^ncy in Councill Who was
Pleased to Acquaint them that the R^t honble the Lords of the
Councill of Trade & fforeigne Plantations had Signified her
Majestys Pleasure to him, in that she thought the Present Con-
stitution of the Judicature of this Province Especially in the
Provinciall Court not well regulated and therefore Directed
the number of the Provinciall Justices to be reduced to four
Who should be also Justices of Assizes Itenerant & goe the
Circuites to Inquire & take the Verdicts of Jurours in the Sev-
erall Countys of this Province Yearly. And therefore his
Excellency told the Gentlemen Present he had sent lor them
to Advise & Modell Some Scheme to be presented to the next
Session of Assembly for their Advice and Approbation thereon.
To the End this great and Gracious Condescention of her
Majesty might be thankfully embraced and readily Effected.
And thereupon the Gentleⁿ present having Consulted
argued & Debated theron Doe propose

Original
Journal.

I^st Resolved. That the number of Justices of the Provinciall
Court be reduced to four such Gentⁿ as his Ex^ncy shall think
fitt to appoint of the most Proper & Discreetest Persons Free-
hold^rs within this Province, and that they be thereto Comis-
sionated under the Great Seal of this her Ma^tys Province. And
to hold four Courts or Termes at Annapolis Annually.
2^dly That these four Judges have likewise comissions of Assize
and Goale delivery and goe the Western and Easterne Cir-
cuits twice in Every Year to take the Verdicts of Juro^rs and De-
liver the Severall County Goales
3^dly That all Process Issue out of & Returnable to and all
Pleadings be filed and Issues made up in the Provinciall
Court Tryable there the next Terme nisi Justiciary &c. prins
Verdict upw'd &c
And in case one other Terme should Intervene before the
Assizes after such Issue is made up that there be an Entry
made of Course (to Continue the Cause) of a Venire fac. Jur
&c to the next Terme but that Ven nihil fecit nec Misit Bre
p'dict Idee at Ven &c award to the next Subsequent Terme
nisi prius &c and this in all Causes tho not to be made out or
Executed ); but that the Juro" Come to the Barr as now prac-
ticed in the Provinciall Court.
4^thly That the Record of all such Issues not Tryable at Barr
but at the Assizes be made up compleated and Sealed under
the Scale of the Provinciall Court, ready to be broke open
upon calling the Cause at the Assizes as Sett downe in its due
Course And that there be a Clark of the Assizes appointed to
go with the Justices in the Circuites of the Westerne & East-
erne Shores to Endorse the possea on the back of the Record

p. 17