Ch. III.] Prerogative as to the Colonies. 31- making local ordinances, not repugnant to the laws of Eng- land. 2. Proprietary governments, [a) granted out by the Crown to individuals, in the nature of feudatory principalities, with all the inferior regalities and subordinate powers of legis- lation, which formerly belonged to the owners of counties pa- latine: yet still with these express conditions, that the ends for which the grant was made be substantially pursued, and that nothing be attempted which may derogate from the sovereignty of the mother country. 3. Charter governments (6) in the na- ture of civil corporations, with the power of making bye-laws for their own interior regulation, not contrary to the laws of England ; and with such rights and authorities as are speci- ally given them in their several charters of incorporation. The form of government in most of them is borrowed from that of England. They have a governor named by the King, (or, in some proprietary colonies, by the proprietor,) who is his representative or deputy. They have courts of justice of their own, from whose decisions an appeal lies to the King and (in) council [c) here in England. Their general assemblies, which are their House of Commons, together with their councils of state, being their upper house, with the concurrence of the King, or his representative the governor, make laws suited to their own emergencies. But it is particularly declared by statute 7 & 8 W. 3. c. 22. that all laws, bye-laws, usages, and customs, which shall be in practice in any of the planta- tions, repugnant to any law made or to be made in this king- dom relative to the said plantation, shall be utterly void and of none effect. And, because several of the colonies had claimed a sole and exclusive right of imposing taxes upon themselves, the statute 6 G. 3. c. 12. expressly declares, that all his Majesty's colonies and plantations in America have been, are, and of right ought to be, subordinate to, and depen- dent upon the imperial Crown and Parliament of Great Britain; (a) Observations on these. Stokes, 19, the judgments of the Courts of Conamon 20. Governor to be approved by King, Law in the Colonies a writ of error lies 7 and 8 W. 3. c. 22. s. 16. to the Governorand Council of the Co- (6) Stokes, 20. lony ; and from their decision an appeal (c) Ante. 29, 30. post. And see 1 Bla. (in the nature of a writ of error) lies to Com. 231. 1 Vez. sen. 444. " From the the King in Council here." Stokes on decrees of the Courts of Chancery in the Col. 26. Proceedings on an Appeal, the Colonies, an appeal lies to the King Ibid. 222 to 231, in Council here in England. And from who
