ut, so as the same be not repugnant or contrary to the
laws of this our realm of England."

The charter to Rhode Island granted the power of making laws, "So as
such laws, ordinances, constitutions, so made, be not contrary and
repugnant unto, but (as near as may be) agreeable to the laws of this
our realm of England, considering the nature and constitution of the
place and people there."

Several other charters, patents, &c. that had a temporary existence,
might be named, that contained substantially the same provision.]

[Footnote 5: In the case of the town of Pawlet _v._ Clark and others,
the court say--

"Let us now see how far these principles were applicable to New
Hampshire, at the time of issuing the charter to Pawlet.

"New Hampshire was originally erected into a royal province in the
thirty-first year of Charles II., and from thence until the revolution
continued a royal province, under the immediate control and direction of
the crown. By the first royal commission granted in 31 Charles II.,
among other things, judicial powers, in all actions, were granted to the
provincial governor and council, 'So always that the form of proceeding
in such cases, and the judgment thereupon to be given, be as consonant
and agreeable to the laws and statutes of this our realm of England, as
the present state and condition of our subjects inhabiting within the
limits aforesaid (i.e. of the province) and the circumstances of the
place will admit.' _Independent, however, of such a provision, we take
it to be a clear principle that the common law in force at the
emigration of our ancestors, is deemed the birthright of the colonies,
unless so far as it is inapplicable to their situation, or repugnant to
their other rights and privileges._ _A fortiori_ the principle applies
to a royal province."--(9 Cranch's U. State's Reports, 332-3.)]

[Footnote 6: Somerset _v._ Stewart.--Lofft's Reports, p. 1 to 19, of
Easter Term, 1772. In the Dublin edition the case is not entered in the
Index.]

[Footnote 7: Have parliament the constitutional prerogative of
abolishing the writ of _habeas corpus_? the trial by jury? or the
freedom of speech and the press? If not, have they the prerogative of
abolishing a man's right of property in his own person?]

[Footnote 8: Mr. Bancroft, in the third volume of his history, (pp. 413,
14,) says:

"And the statute book of England soon declared the opinion of its king
and its parliament, that 'the tr