The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.

Hill. 5 Jac. Regis.

Note, It was moved to the Justices this Term, upon consideration of the Acts of 34 H. 8. and 18 Eliz. If the Justices in Wales may be Constituted by Commis∣sion, and it was conceived they could not, but that it ought to be by Patent, as hath been ever used since 34 H. 8. Then it was moved, If the King by force of a Clause there in might do it; which Clause is, That the King's most Royal Majesty shall and may at all times hereafter change, adde, alter, minish, and reform all manner, &c. And it seemed to divers of the Justices, that this Power given to the King, determin'd by his Death for divers Causes.

1. Because it wants these Words, His Successors; and to draw it in Succession, by Construction, would be a∣gainst the Intention of the Maker of the Act: For they gave this high Power of Alteration, &c. of Laws, to the King, as to his most Excellent Wisdom shall be thought most meet; which words want His Successors: For they well knew, his Wisdom did not go in Succession, so the Power went not in Succession: And for this that Eorum progressus ostendent multa quae ab initio provideri non pos∣sunt: And what ensues upon this, concerning this uniting of Wales and England none could divine. But it was ne∣ver the Intention of the said Act, to give Power to the King and his Successors for ever to alter, &c.

2. Power of Alteration of Laws, &c. is a Point of Confidence, concerning the Administration of Justice; which the Act, by omitting of his Successors, intended to unite this Confidence to the Person of H. 8. and not to extend it without Limitation of time to his Successors, 1 Ed. 5. 1. 1 H. 7. 1. 14 Ed. 4. 44. All Commissions concerning Administration of Justice, determine by the King's Death: Not so, if he make a Lease durante bene pla∣cito, or present one to a Church; these are not void by his Death, untill revoked by his Successor. And upon Certificate of the Justices Opinion, That the Justices of Wales cannot be Constituted by Commission, Baron Snig had a Patent for the Circuit of Wales, as others before him had.