The Writings of Samuel Adams - Volume 2Adams, Samuel
History
The Writings of Samuel Adams - Volume 2
Adams, Samuel
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1809
Soon after the arrival of the charter, viz, in 1692, your Excellency's
history informs us,8 "the first act" of this Legislative, was a sort
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 whatever, shall be laid,
assessed, imposed, or levied on any of their 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." And though this act was disallowed, it serves to show
the sense which the General Assembly, contemporary with the granting
the charter, had of their sole and exclusive right to legislate for
the colony. The history says, "the other parts of the act were copied
from Magna Charta;" by which, we may conclude that the Assembly then
construed the words, "not repugnant to the laws," to mean, conformable
to the fundamental principles of the English constitution. And it is
observable, that the Lords of Privy Council, so lately as in the reign
of Queen Anne, when several laws enacted by the General Assembly were
laid before her Majesty for her allowance, interpreted the words in
this charter, "not repugnant to the laws of England," by the words,
"as nearly as conveniently may be agreeable to the laws and statutes
of England." And her Majesty was pleased to disallow those acts, not
because they were repugnant to any law or statute of England, made
expressly to refer to the colony, but because divers persons, by
virtue thereof, were punished, without being tried by their peers in
the ordinary "courts of law," and "by the ordinary rules and known
methods of justice," contrary to the express terms of Magna Charta,
which was a statute in force at the time of granting the charter, and
declaratory of the rights and liberties of the subjects within the
realm.
Public-domain text, read in full here on John Shaqi.
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