The Upper House. 43

and Journals would leave them no room to Doubt, they chose there-
fore to wave that Matter and unable to give a better Answer to that
part of our Message exclaim loudly against their infatuated Prede-

U. H. J.
Liber No. 36
April 24

cessors and Ancestors for not having had such foresight, been
Actuated by the same kind of Spirit, or been possessed of so large
a share of knowledge as these gentlemen are Pleased to think has
fallen to their own Lott for had that been the case they are it seems
persuaded that our Constitution would have been settled on a very
different Plan from what it is at present, On such a one indeed as
would have vested them selves with little less than all the Powers of
Government both Legislative and Executive, But what ever may be
the Sentiments of these men about Forms of Government Confident
are we and we have the Satisfaction to know that we are far from
being alone in this Opinion that the Alterations they would be for
making in the Form Established in this Province would Con-
tribute very little to the advancement of the true Interests and
happiness of the People But on the Contrary be promotive of Tyranny
and appression, In that Opinion of Lord Chief Justice Pratt which
we have already Mentioned he says when speaking of the Lower
House of Assembly's Claiming a Right because it was exercised by
the House of Commons; The Upper house Should take care how
they Admit Encroachments of this kind where they are Supported
by arguments drawn from the Exercise of like rights in the House
of Commons here the Constitutions of the two Assemblies differ
Fundamentally in many Respects, our House of Commons stands
upon its Own Laws the Lex Parliamenti; whereas Assemblies in the
Colonies are Regulated by their respective Charters Usages and the
Common Law of England and will never be allowed to assume all
those priviledges which the House of Commons are intitled to justly
here upon Principles that neither can nor must be applied to the
Assemblies of the Colonies and again in the same Opinion I shall
only add here a general peice of Advice to Lord Baltimore That in

p. 64

this disposition of the Lower House to assume to themselves any
Priviledge which the English House of Commons enjoy here his
Lordship should resist all such attempts where they are unreasonable
with Firmness and should never allow any Encroachment to be
established upon the weight of that argument singly; for I am
satisfied neither the Crown nor the Parliament will ever suffer these
Assemblies to erect themselves into the Power and authority of the
British House of Commons how little regard the Gentlemen pay to
this Opinion their Proceedings & their Message shew there are some
among them who want to exercise without Control Powers that
far exceed any Claims of the British House of Commons such as if
they were to be once admitted would we are Persuaded in the End
prove fatal to this County: We are Satisfied (say the Lords of
Trade in their Report on the Pensylvania Acts of Assembly which
were about two years ago dissented to) that there is nothing so

p. 65