The history of the development of the question between England and her colonies, as to their constitutional relations to one another, "falls naturally into two periods: first, from the beginning of English colonization in America to the Revolution of 1688; second, from 1688 to the Declaration of Independence. … Passing now to the history of the first period, it is to be observed that the leading institution in the English government at that time was the King in Council. … But in the 17th century, owing to a combination of very strong political and religious forces, the struggle between the King in Parliament and the King in Council was … opened and pushed with vigor. It continued with alternations of success, but on the whole with results favorable to Parliament, till 1688. Then the King in Parliament finally gained the ascendancy, and this result was so secured by statute as never afterwards to be seriously called in question. The supremacy of Parliament was established by a series of royal concessions. The parliamentary party viewed these as compromises between Parliament and king. This gave color to the theory of social contract, which was now given new impulse and form by the parliamentarian writers of the 16th and 17th centuries. … It naturally follows from what has been said that the administration of colonial affairs previous to 1688 was in the hands of the King in Council. Such was the fact. The enterprises of discovery were fitted out under the patronage of the crown; the territories discovered or visited were taken possession of in its name; and grants of land, of rights of government and trade, were made to actual settlers by the kings. Every colonial charter is a proof of this. As the king was by the theory of English law feudal proprietor of England, so he became proprietor of colonial territory, though that territory was granted out in socage, one of the freest forms of English tenure. Certain superficial distinctions were introduced in the form of colonial governments, as royal, proprietary, and charter; but they all emanated from the crown. Its supremacy extended around and beneath them all. The fact that they were established by grant is proof of this, even though there had been no subsequent acts to enforce the control. They were colonies of the English crown; their inhabitants were its subjects. The true doctrine of sovereignty and allegiance necessitates this conclusion. … Parliament passed few statutes affecting the colonies. Yet, not to mention others, there were five such of very great importance which fall within this period: the Act of Supremacy (I Eliz. cap. I), and the four Navigation acts. In all these the colonies were expressly mentioned. But the relative position of crown and Parliament is illustrated by the fact that when in 1624 the Council was proceeding to annul the