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pute of the like nature would have been brought upon the Carpet
again, as you have now done by expelling one of your members for
having accepted the Place of Deputy Commissary of Dorchester
County since it is very certain, that there is no Law in this Province
that puts the least Restraint upon any man as to his accepting of any
Place after his Election or that makes him liable to any Penalty for
his so doing: And indeed it appears manifestly from Our own Act
of Assembly for directing the manner of electing and Summoning
Delegates and Representatives to serve in succeeding Assemblies &c
that the Legislature of this Province had no such Intention, since they
very plainly and clearly express their Sense how far the Laws of
England in relation to Elections are to be binding here, Viz. " that
no Ordinary Keeper within this Province, during the time of his
Ordinary Keeping, or any other Persons disabled by any Laws of
England from sitting in Parliament, shall be elected, chosen or serve
as a Deputy or Representative in any general Assembly to be here-
after called " And this has been the Universal Opinion and Judg-
ment of all Assemblies since that time, without any one Exception
that I have ever heard of till lately to the Contrary; till lately that
some Gentlemen seem to have been led away with an Opinion, that
the Lower House of Assembly ought to be bound by no Rules but
that of their own Will and Pleasure, which they seem to perswade
themselves is much for the Advantage of the People they represent,
and accordingly it is but a too common Question Cannot the Lower
House do what they please with their own Members. But if such
a Doctrine was once to be established as Law, the Time may come
when the People of this Province will not think themselves much
obliged to the first Promoters and Establishes of it.
Every Man of understanding who has a thorough knowledge of the
English Constitution, cannot but know that the peculiar Priviledges
which Englishmen enjoy above all other nations is, that no man can
be disseized of the least of his Rights, but either by the known Rules
of the Common Law, or a clear and possitive Law to which the
People have given their Assent by their Representatives, and which
is equally binding upon the Legislators themselves, as upon the
meanest of the People: And indeed Our whole Constitution is so
entirely established upon this Principle, that was there any arbitrary
Power to be lodged in any of the several Branches of the Legislature
it would be unjustifiable in them to act any otherwise than by the
known Rules of Law, as they ought to be a pattern of Moderation,
Justice and Equity to all Inferior Courts and Magistrates, who may
be in any manner concerned in judging of the Rights and Properties
of their Fellow Subjects
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p. 87
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