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Show 540 APPENDIX. The laws refpeéting court: harm and eopyhoh/y, The game (2625: The flatutes refleffhzg the poor, and fettlements; and all other laws and flatutes having fpecial reference to fpceial and local cir- cumfi'ances and el'tablifhments within the realm; --do not extend to and operate within thefe fettlements, in partibus exteris, where no fuch cir- cumftances or eftablifhments exilt.) Rem. Thefe laws have no force in America : not merely becaufc local circumllances differ; but hecaufe they have never been adopted, 3; litr‘ought over by Acts of Afl'embly or by praétice in the courts. 6. No f'tatutes madefirzce the eftablifhment of faid colonies and plantations, (except as above defcribed in Articles 3. and 4..) do extend to and operate within faid colonies and plantations. [A: D.T.] Coiflz'tutiorz of the Calories". 54: [COROLLARIES from the foregoing Pr/e ezp/en] Upon the matters of fact, right and law as above Hated, it is, That the Britilh fubic cts thus fettled in partibus exteris without the realm, {0 long as they are excluded from an intire unio n with the realm as parts of and within the fame; have a right to have (as they have) and to be governed by (as they are) a dfl/nfr' zhtz're 62'sz government; of the like powers pre-eminences and jurifdiétions (conformable to the like rights, privileges, immunities, franchifes, and civil liber- ties), as are to be found and are efiablifhed in the Britifh government, refpeéting the Britith fubjeét within the realm. Rem. Right. .3. F. (mere-Would any {tatute made time the Hence alfo it is, That the Rights of theflthjec? ef'tablifliment of faid colonies and plantations, as declared in the Petition of rights, That the Limitation ofthe prerogative by the A8: for abo- which flatute imported to amzul and abolifh the powers andjurifdiétions of their refpeétive confti- tutions of government, where the fame was not contrary to the laws, or any otherwife forfeited or abated; or which fiatute imported to take away, or did take away, the rights and privileges lifhing the Star-chamber and for regulating the Privy-council, &c.; That theHabeasCorpusAét, The Statute of Frauds, The Bill ofRights ; do of common right extend to and are in force within faid colonies and plantations. of the fettlers, as Britifh fubjeéts :-Would fuch fiatute, as of right, extend to and operate within faid colonies and plantations P Art/wen No. The parliament has no fuch power. The charters cannot be altered but by confent of both parties, The King and d1: Colonies. B. F. [COROLLARIES Rem. Several of thefe rights are eflabliflied by fpecial colony laws. If any are not yet to el'tablifhed, the colonies have right to fuel: laws: And the covenant having been made in the charters by the: King, for himferf and his fueceffors, fuch laws ought to receive the royal aflent m ofright. B. F. Hence it is that thefleeholder: within the pre- cincts of thefe jurifdiétions have (as of right they ought to have) a flare in the power ofmahz‘flg tho/e law: which they are to be governed by, by-thc right. nu iu ) llllltllutrtmt |
