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Show [221 abhorrent, that they have bled with Freedom in Inference, that " furely this is by Charter a Referve of Power and Authority to Parliament to the Defence of this Part of their Conl‘titution, bind us by fuch Laws, a't leal't, as are made ex- which has preferved them from it : and influenced by the fame Generolity, they can never VlCW , with Difapprobation any lawful Meafurcs taken by us for the Defence of our Confhtutton, which intitles us to the lame Rights and Privrlcges With themlelves. pr'efsly to refer to us, and confequently is a Limitation of the Power given to the General Court."-If it be allowed that by that Claufe there was a Referve of Power to Parliament to bind the Province, it was only by {uch Laws as Thele were derived to us from CommonLaw, which is the Inheritance of all his Majelty's Sub- were in Being at the Time the Charter was granted : for by the Charter there is nothing appears to make it refer to any Parliamentary Laws, that_ Ihould be afterwards made, and therefore it willy jeéts; have been recognized by Aéls of Parlia- not fupport your Excellency's Inference. ment; and confirmed by the Province Charter, which ellablifhed its Conflitution ; and which Charter has been recognized by Aét of'l'arliamcnt alfo. This Act Was made in the fecond Year of his late Majefly GEO. II for the better Prefervation of'his Majeliy's Woods in America : in which is recited the Claule of the fiidCharter rcferving for the UPC of‘the Royal Navy all Trees firitable For Malls: and on this Charter is grounded the fireceeding enacting Clanfe of the Act. And thus is the Charter implicitly confirmed by At": The Grant of Power to the General‘Court to make Laws runs thus,-" full Power and Authoo rity, From Time to Time, to make, ordain and ellablilh all Manner of" wholefhme and reafonable Orders, Laws, Statutes and Ordinances, Direc- tions and Inflrue'tions, either with Penalties or without (Po as the flame be not repugnant or contrary to the Laws of this our Realm of England) as they lhall judge to be for the Good and Welfare of our laid Province," fee-«We humbly From all which it appears, that the inhabitants think an Inference very dilTerent from your Ex~ celleney's, and a very juli one too, may be drawn from this Claufe, if Attention be given to the De- of this Colony are clearly intitled to All the Rights and Privileges of free and natural Subjeéls : which certainly muli include that moll ef- fcription of the Orders and Laws that were to be made.-- 1 hey were to be wholelbme, reafonable and for the Good and Welfare of the Province, fential one, that no Aid or Taxes be levied on them withnut their own Conl‘ent, fignilied by their and in order that they might be {0, it is provid- of Parliament. But from the Clnule in the ed that they be " not repugnant or contrary to the Laws ol" the Realm," that were then in be- Charter relative to the Power granted [0 the Ge- ing : by u hich Provifo, all the Liberties and Im- neral Court to make Laws, not repugnant '[0 the Laws of Englandpyour Excellency draws this Inference, munities of free and natural Subjefts within the Reprefemarives. Rcalm |
