New England -- History -- Colonial period, ca. 1600-1775
C. H. McIlwain, _The High Court of Parliament and its Supremacy_ (Yale
University Press, New Haven, 1910), pp. 109, 158, 352 _ff._, 137, 145.
Footnote 741:
Osgood, _American Colonies_, vol. III, p. 15; C. M. Andrews, _British
Committees_, p. 10.
Footnote 742:
F. S. Oliver, _Alexander Hamilton_ (London, n.d.), pp. 450, 447.
During the period covered by this volume, control over the colonies was
asserted in various ways and at various times by both Parliament and the
Crown. Patentees of the royal charters not infrequently asked Parliament
to confirm their privileges; while that body often inquired into the use
which was being made of those monopolistic documents; for it is
sometimes forgotten that such a charter as that obtained by
Massachusetts, for example, while regarded by the company as the basis
of its liberties, could also, quite as legitimately, be regarded by the
nation as creating a monopoly in one of its worst forms—that of the
exclusive use of the Crown, or public, lands. For the most part,
however, Parliament confined itself to passing legislation regarding
trade only, its control over the customs being continuous from
1641.[743]
Footnote 743:
Osgood, _American Colonies_, vol. III, p. 14; Beer, _Origins_, p. 341;
_Acts and Ordinances of the Interregnum_ (London, 1911), vol. II, p.
425.
Those who intended to found plantations necessarily had to apply to the
king for a charter, in order to obtain possession of the soil and
exemption from certain laws covering emigration and export. Technically,
the charters of the corporate colonies ranked merely with those of
English municipal corporations. According to a strict interpretation of
the law, therefore, so long as the private rights of individuals were
not infringed, the English government would be technically justified in
altering colonial institutions, or in dividing and combining colonies,
without the consent of the inhabitants.[744] As is always the case, old
laws and institutions were slightly altered by the use of legal fictions
and by modifications in practice, to meet the needs of a new situation.
It is unthinkable that an entirely new body of law, and a wholly new set
of institutions, should have been created, to serve political
contingencies that could by no means have been foreseen.
Footnote 744:
Osgood, _American Colonies_, vol. III, pp. 7 _ff._ The provinces were
the equivalents of English counties.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account