The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1773-03-04


dered as deciii,e or binding in our preient
controversy with your Excellency, any fur
Their than they are conloGant TO natural 'fa-
fon. If however we were TO recur TO iuch
opinions and determinations we ihoud ind
many great authorities in our fdvour,to thew
that the ltatutes oi England are not binding
on thofe who arc not repreien'ed in ParIIa
ment there. The opinion of Lord Coke
that Ireland was bound by fAutes Of Eng
and wherein they were NAMED, It compared
with his other writings appears manlfeity 10
be grounded upon fuppof,on that Ireland
had BY an aa If their own, in the reign OF
King John conlented 10 be thus bound; and
upon any other fuppc iition this oPioion would
be agalnf rsoEn for content sa5 giv"s hu'
man laws their force. We beg cave upon
what your Excellcncy has oblerVcd of the
colony becoming part Of the fate, TO Tub
Join the opinions of ieVeral learned civilians,
as quoted by very able lawyer in this coun-
try. +" Colonies, fays PufendoTf, are feilled
in different methods. For either the colo
ny eautinass part of the common wealth It
was ient out from or elfe is obliged 10
pay dutiful regard to the mother common
wealth, and to be in readinefs to defend ard
ylndlcate its honour and 70 is united by
fort of unequal confederacy; or aitly, IS e.
reG7sd inta a kparafs Common wealth and a
fumes the fame rights with the fate it de-
cended from" And King Tulius, as quo
ted by the fame learned author from Giotlus
fays 's we look upon it TO be neither uu!h
nor iuffice that mother cities ought OF necel-
fly and BY the i0sO Of nature to rule eur The
colonies.
Your Excelency has Uninterrupted what
we have faia, that no I" country by the COM
mon law, was fuajetf 10 the laws or the par
liamer. bu, the realm Of England" and are
pIeafed 10 telI US that we have expreiied our.
feves {. infanioug,." We beg leave to recite
the words of the Judges of England, in the
before mentioned cafe TO our purPo(e. If
a King 60 out of England with company of
his iervants, allegiance remaneih among
his fubjeds and iervauts, although he be out
of bis realm zUbs, stO bis INsV5 are eonfsTd. I'VE
-ttiitt1aot mean to FAY, as your ExceIlency
woIl9Nppofe, that " the common law pre-
fchbeSlimits to the extent of the lsgl4tlve
5FwefT though we fhall ALWAYS aHirm il to
be true of the law of reafon and natural equi-
ty. Your ExceIlency thinks you have made
il appear, :" that the colony of, Msiiachu
feus Bay is holden as feudatory of the impe-
rial crown of England and therefore you
fay " to ufe the words of a very great au-
thority in cafe in joms rslpft1s analogous TO
it" l." being feudatory it neceflarily follows
that it is under the government of the kings
laws" Your Excsllency has not named
this authority, but we conceive his meaning
mutt be, that being feudatory, it is under the
government of tbeKng's laws 0b)oiUtsy /; for
as we have before faid the feudal lyffem adj
niils of no idea of the authority of parlia-
men,: And this would have been the cafe of
the colony but for the compact with the
King in the charter.
Your Excelency fays, that "Perlons thus
holding xndsr fbs CrsqUS Of England. remain or
6seoms iubieets of England )" by which we iap-
poie your Excellency to mean, iutjeet to the iu
preme su.hority of parliament to all intents
and purpof as fully as it any of the royal ma
nors, &c. within the realm had been granted to
them upon the like tenure" We arprehend, with
fubminion, you, Exceency is mifaken in lup-
poGOe that our allegiance is du. to the crown of
England. Every man fwesrs allegiance for him
f.lf, to his own king in his natural Perlon. "E-
very fubiea is Prelumed by law to be fworn to
the King. HIGH is to his natural pe'lon." lays
Lord Coke. Rep on CaIvis5 Cais " The al
legunce j, due to his natural BODY" And he
lays, d" In the reign Of Edward II. the Spencers
the father and the fon,to cover the ueafon hatch
ed in their hearts, invented this damnsble and
damned opinion, that H'@Ggs and oath of ALE
glance was more by resfon Of the Kings crown,
tina, is Of Els polite capacity, than by re ION of
the perfon of the King; upon which opinion
i