The Upper House. 283

liberty which the Lower House are now so warm in the
defence of; The Consideration my Lord of the different
Circumstances of his Majestys plantations, and particularly
between Maryland and Jamaica (this a Conquest and that
a Country Conquering) hath reduced your Lordships Upper
House (equally tender of Acting in prejudice either to the
Prerogative or the Liberty of the People) being no Law-
yers, to very great Straits in resolving upon matters which
are so intricate in their Nature, and so extensive in the Con-
sequence of them

U. H. J.

We beg leave therefore to represent to your Lordship that
whilst we are weighing the import of these presidents cited
in yo^r Lordships Speech and other Authoritys of the like
nature found in the books of Reports on the one hand; we are
likewise mindfull of the particular priviledges which have
been Conveyed to the Inhabitants of this province by the
Royal Charter thereof; Priviledges indeed which have not
as we Conceive been granted unto any other of his Majestys
Plantations in America; therefore with Submission to better.
Judgment we humbly Conceive there is some mistake in the
State of the Question, as it hath been heretofore argued for
the Question ought not to be as we humbly Conceive Gener-
ally, whether the Statutes of England Extend to the Planta-
tions or no; But specially whether those Statutes extend to the
Province of Maryland or no: as this province is Circum-
stanced with regard to the Terms and speciall conditions of
the Charter thereof in which it is expressly Granted, That
all persons born or to be born of his Majestys Subjects within
this Province should be held and deem'd to be denisons and
Lieges of the Kingdom of England, and might Inherit or
otherwise purchase acquire, take have hold Possess occupy
Enjoy &c^a as likewise all Liberties Franchises & Priviledges
of the Kingdom of England freely quietly and peaceably have
and Possess Occupy and Enjoy as Liege People born or to be
born within the said Kingdom of England &c^a So that your
Lordship may please to Observe that the Case of Jamaica and
other his Majestys foreign plantations, are quite out of the
Question now in Debate as those places were at first planted
or otherwise Occupied upon a different foundation and upon

p. 119

right much Inferior to those Granted by King Charles the
first to yo^r Lordships noble Ancestors, for the Encouraging
and planting or otherwise Improving this Province which
his Majesty was then pleased to dignify with the Name of his
Royal Consort.
This my Lord we humbly Conceive to be the true State of
the dispute about the Statutes, But forasmuch as we have

p. 120