The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1773-03-11
NUMB. no.

de this Gasm, and particularly his dominions
In Normandy, and wars being more frequent
and commerce fmal, aud the means of furnifh
Ing money, the iinews of war, difficult #
not lnpratticabe, meerly for the defence of
ne kingdom this polity was 70 far eitab,ilh-
ID as that all the landhcljrrs were made to
contribute, by military or other fervces, to
the defence of the fate, and fot this purpof:
and by fiction only, the lands we're in form
acknowledged to have been originally in the
King and held of him by his fIbieSis. and
BY this form fubjeGied to a fuppofed iuft
proportion ofthe defence and fupport of the
kingdom. This efsblifhmcnt appears to
have been made, not BY an aA of regal
power alone but by the authority of The
great Council of the nation or AhembIy Of
the realm, and the leglltive authority faill
remained, according to IFS nature, para
mount and above all other powers in the
dominion, and accordingly from time to
time the abufes of the FeudaI power either
in the lovereign or in fuch as held under
him were corrected BY the fprcme lepifla.
tive and Magma Charta i,ielf was Fl AIMED
and agreed upon, principally If no, altote-
iher for this purpoie. In fuccedng ages, as
commerce and money increafed and the
means of Importing war became more eafy.
thefe military fervices were gradually taken a.
way. eithei by purchale or Committing for other
ierVices or certain reefs lolhat at The peiiodwheu
America was fit granted, the remains wee in
Comfortable and the lands of he kingdom wete
held generally by what is called iocsse ,e.
nure or, in other words an acknowledgment of
6delty to the fovereign, and certain REM
which was ia name only, or of value e ineon4
ile able as nor to be demanded The original
claim in the fovereign, whether at fin Gai-
on or not 10 far remained as tina, all forlei,ures
all elcheAts, all new dfcoyered lands accrue
ed to him, unlefs the fupfeme legislative
lhould limit the right to them, or otherwife
difpole of them. This was the fate of feu-
dzl tenure in England at the time when the
Aft cha ter was granted, and the difference
between your yfem and mine will appear
by this familiar infance Louis the thir-
teen,h of France, think the fame year the
MaGachuietts patentees obtained a grant of
that colony, by royal edIa granted to one
hundred aaIciates the country of Canada,
with powers Of government and all the privi-
leges Of natural born fubjeefS of France to
all who ihould go and lnhabit or be born
there, with other very great powers and pri-
vileges. MS, then, appears to be the different
fate Of the people of the two colonies. Louis,
being an ablolule monarch, the regal and le.
gilative power were united in him. The
inhabitants of Canada therefore were fubiea
to him, and to every fucceeding King OF
France as their fupreme Lord, who BY vir-
tue of his uncomfortable power might at a.
ny time revoke the royal ediei at plealure.
or dhiolve any charter whatioever even
though like the famous edGt at Nantes ir
had been declared irrevocable. Charles.
having in him the regal power only, could
grant no more than was in him, and the le-
gilatiye power which was in the parliament
mutt Rill remain there, and consequently the
fubi-6is of England, continued when in the
colony fill fubjea to the regal conai,utionaI
power Of Charles and the iuPreme legislative
power Of parliament. And think, nothing
i; more certain than that the conliitutional
rearAint Of The regal power in Charles pre-
vented the. charter from being revoked and
annullsd in lels than ten years after the date
of re.
If this brief sceoun, Of feujal tenure as il is
p,rs OF theEnglih conaitusiOn, be jut. a, nall
Thnk Il Is until have better suthority than aay
have yet feen TO the contrary, the fsbsick