56 BERMUDA. 



ing of laws. In this capacity of legislators they sit 

 as the Upper House, and in most of the colonies 

 are distinct from the Governor ; claiming privilege of 

 Parliament, ordering the attendance of persons and 

 the production of papers and records, and committing 

 for contempt. They enter protests on their journals 

 after the manner of the House of Peers, and have 

 their chaplain, clerk, usher of the hlack rod, &c. 



It might appear singular that the same body of 

 men should act in two such different capacities and 

 functions — as a Privy Council, sworn to secrecy and 

 fidelity, and as an Upper House of Legislature. " The 

 admitting such a distinction," says a late Governor, 

 " may be supposed even to free them from all obli- 

 gations of the oath they take as councillors ; because 

 their duty to the people as legislators may seem to 

 oblige them very frequently to support opinions 

 repugnant to a Governor's schemes." 



But to this it may be answered, that if the 

 Governor's schemes are, in the opinion of the 

 Council, repugnant to the true interests of the people, 

 their opposition to such schemes cannot be deemed a 

 violation of their oath of fidehty, nor does it neces- 

 sarily follow that they thereby divulge what they 

 have sworn to keep secret 



We shall find that the colonial parliaments are re- 



