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Show 538 [Az D.T.] APPENDIX. {hips they were under, where r," of thofe laws were in force: particularly etclefiallical law , .« for payment of tythes and others. Hid it [Len underline" , ' ti -' were to carry thefe laws \‘t'il‘ll them, they had better have Haiti at ..omc among their friends, unexpclbd to the rifques and toils of .1 new fettlement. Thry car‘ ried with. them, a right tO/llt‘b purl! of the law: (I/‘I/‘e land, as they liiould judge adi nntagcous or ineful to them : a riyht to be tree from thofe they tho-cg 1: hurtful: and a right to make fuch others, as they hould think necellary, not infringing the general rights of Englifh. men ; And fuch mew laws they were to form, as agreeable as might be to the laws of England. B. F. 2. Therefore the common law ngng/zmd, and all flab/lam!" as were enaéted and in force at [[713 time in which fuch fettlers went forth, and fuch colonies and plantations were eltablifhed, (except as hereafter excepted) together with all fuch alte- Calgflitutfolz of the Colonicr. 5 39 tutes rrgzz/(ztzh‘g' or limiting the general powers and dirt/{rarity oft/)6 crown, and the exercife of the ju- rifdietion thereof ,- All flatutes declaratory 0f the 773/in and [Merry of 1/13/54/2/‘65'3; do extend to all Britifh fubjeéts in the colonies and plantations as ofcommon right, and as if they and every of them were born within the realm. Rem. It is doubted whether any fettlementof the crown by parlia- ment, takes place in the colonies, otherwife than by Confent of the Affcmbhes there. Had the rebellion in 1745 fucceeded {0 far as to {ettle the Stuart family again on the throne, by 5161 of parliament, I think the colonies would not have thought themfelves bound by fuch Aft. They would {till have adhered to the prefent family, as long as they could. B. F. [Obfi in Reply. They are bound to the King and his fuccellbrs, and we know no fucceflion but by aft of parliament. T. 1),] rations and amendments as the faid common law 4.. All flatutes enacted finer the ef‘tablilhment may have received; is from time to time and at all times, the law of thofe colonies and planta- of colonies and plantations, do extend to and ope- .~ Iiiilvioririiniiiixiw tions. rate within the [aid colonies and plantations, in WW Rem. So far as they adoptit; by exprefs laws or by practice. B. F. 3. Therefore all ftatutes touching the rig/5! qf tbefitcafibn, and fettlement of the crown, with the flatutes of treafon relating thereto; 1 All flatutes I [i. e.] All natures refpeéting the general relation between the crown and the fubjeét; not fuch as refpeét any particular or peculiar eflablifhment of the realm of England. As for inftance: By the 13th and 14th of Car. II. c. 2.. the fupreme military power is de- which fiatutes the fame areflecziz/{y named. Rm. It is doubted whether any act of parliament {hould if rig/J! operate in the colonies : infaé? feveral of them have and do operate, B. I". 5. Statutes and cufioms which refpeet only the flaccid! and local circzmg/z‘zzm-er of the realm, do not extend to and operate within {aid colonies and plantations, where no fuch fpecral and local errcumflzances are found.--- (Thus the etc/.yz‘zzflzcal and canon law, and all flatuter rcjpefimg tyt/Je: ; dared to be in general, without limitation, in his Majelly, and to have alway been of right annexed to the office ofKing ofEngland, throughout all his Majelty's realms and dominions ;-Yet the enaft- kingdom of Ireland, of his dominions of Virginia, and of the {eye- mg claufe,which refpeéts only the peculiar efiablifhment ofthe militia of England, extends to the realm ofEngland only: So that the fu- ral colonies and plantations in America; harsh by laws to which the King hath given his confent, operating Wltllln the precmt‘ts of preme military power of the crown in all other his Majefiy's realms and dominions ltands, a: to Mir/lama, on the bafis of its general power, unlimitedt However, the feveral legiflatures of his Majelty': kingdom cxercife thereof. their feveral jurifdiélions, limited the powers of it and regulated the Z z z 2 The |
