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162
HISTORY OF THE COLONIES.
[BOOK I.

local legislature in 1719.[1] It was treated by the crown, as an inherent right of the subject, independent of any such reservation.[2] And so in divers cases it was held by the courts of England. The reasons given for the opinion, that writs of error [and appeals] lie to all the dominions belonging to England upon the ultimate judgments given there, are, (1.) That, otherwise, the law appointed, or permitted to such inferior dominion might be considerably changed without the assent of the superior dominion; (2.) Judgments might be given to the disadvantage or lessening of the superiority, or to make the superiority of the king only, and not of the crown of England; and (3.) That the practice has been accordingly.[3]

§ 176. Notwithstanding the clearness, with which this appellate jurisdiction was asserted, and upheld by the principles of the common law, the exercise of it was not generally assumed until about 1680; and it was not then conceded, as a matter of right in all the colonies.[4] On the contrary, Massachusetts resisted it under her first charter; (the right of appeal was expressly reserved in that of 1691;) and Rhode-Island and Connecticut at first denied it, as inconsistent with, or rather as not provided for in theirs.[5] Rhode Island soon
  1. ↑ New-Hampshire Prov. Laws, edit. 1771, p. 7, Act of 11 Will. 3, ch. 4; Rhode-Island Laws, edit. 1744, p. 78.
  2. ↑ 1 P. Will. 329; Chitty on Prerog. ch. 3.
  3. ↑ Vaughan's Rep. 290, 402; Show. Parl. Cases, 30, 31, 32, 33; 1 Vez. 444; Stokes's Colon. 26, 222, 231; 2 Ld. Raym. 1447, 1448; 1 Chalm. Annals, 139, 304, 671, 678, 684; Christian v. Corver, 1 P. Will. R. 329; Att. Gen. v. Stewart, 2 Merivale R. 143, 156; Rex v. Cowle, 2 Burr. 834, 852, 854, 856; Fabrigas v. Mostyn, Cowp. 174; 1 Doug. Summ. 216; 3 Wilson's Works, 230; 2 Chalm. Opin. 177, 222.
  4. ↑ Chitty on Prerog. ch. 3, p. 28, 29; 1 Chalm. Opin. 222; 1 Pitk. Hist. 121, 123, 124, 125, 126; 1 Chalm. Annals, 139, 140, 678; 5 Mass. Hist. Coll. 139.
  5. ↑ 1 Chalm. Annals, 277, 280, 297, 304, 411, 446, 462; 2 Doug. Summ. 174; 3 Hutch. Coll. 330, 418, 529; 2 Hutch. Hist. 539.
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