[1692.] The first act of the _Massachusetts_ legislature, after the arrival of the charter, was a kind of Magna Charta, asserting and setting forth their general privileges, and this clause was among the rest, “_No aid, tax, tallage, assessment, custom, loan, benevolence, or imposition whatsoever, shall be laid, assessed, imposed, or levied on any of his majesty’s subjects, or their estates, on any pretence whatever, but by the act and consent of the governor, council and representatives of the people, assembled in general court_.” The general court passed others favourable to liberty, which were perused by the ministers of England at a distant period; and with the preceding, disallowed of by the regency in 1695. In December the reasons of this dissent were transmitted to the governor and council. The following extract from the letter sent by the committee of plantations, is subjoined, because of its being so extraordinary and decisive: “Whereas, by the act for securing the liberty of the subject, and preventing illegal imprisonments, the writ of Hæbeas Corpus is required to be granted, in like manner as is appointed by the statute of 31 Charles II. in England, which privilege has not yet been granted in any of his majesty’s plantations; it was not thought in his majesty’s absence, that the said act should be continued in force, and therefore the same hath been repealed.” The above extract makes this a proper place for mentioning, that the ancient colonists being destitute of proper security, for want of an Hæbeas Corpus act, were in some provinces grievously oppressed. Edward Randolph, surveyor-general, during the reign of William III. represented their condition to the board of trade, March 1700; and among other beneficial regulations, he recommended, “That it being the practice of governors to imprison the subjects without bail, the Hæbeas Corpus act should be extended as fully to the colonies as it is in England.” It was accordingly soon after conferred on Virginia, by queen Anne. The council in their address said upon the occasion, “We, the council of Virginia, acknowledge your majesty’s late favour, in allowing us the benefit of the Hæbeas Corpus act, and in appointing courts of oyer and terminer, for the more speedy execution of justice, and relief from long imprisonments.” The lower house, in theirs, said, “We the burgesses now assembled, do beseech your majesty to accept our sincere thanks for your many favours bestowed on your subjects of this colony. We shall not pretend to enumerate the particulars, nor can we omit mentioning those lately communicated to us by your majesty’s royal instructions to your governor, wherein you have asserted to your subjects their legal rights and properties, by allowing them the Hæbeas Corpus act.”[52]