The material words are, "and if anything shall happen, that may be of advantage and security to our said. Province, which is not herein, or by our commission to you, provided for, we do hereby allow you, with the advice and consent of our Council, to take order, for the present, therein," &c.

This instruction seems to me justly calculated to empower the Governor to act for the advantage and security of the Province, in extraordinary cases, wherein the commission and instruction are silent; but, in my humble opinion, was never intended, nor can it be construed, to extend to things expressly provided for by the commission, which the powers of pardoning and reprieving are, so far as His Majesty intended they should be used; and as the power of pardoning treason is there expressly reserved and excepted, I cannot think the general words in the instruction, were intended to give a power contradictory to the commission. And I conceive, that as the King's instructions receive their greatest force from the commission under the Great Seal, so the granting the suspension proposed under the powers given by that instruction, will be doing an act, by virtue of the royal commission, which that very commission prohibits and excepts in express words.

Having declared my sentiments, that His Excellency has no power, by his commission or instructions, to grant the suspension proposed, it will be needless to enter far into the consideration of the legality of tying up the hands of the Courts of Law, in such cases, which seems to me to be stopping the ordinary course of the laws, and exercising little less than a dispensing power, not warranted by the Constitution.

How far it will be prudent and advisable, in His Excellency, to grant the suspension proposed, if he had power, is next to be considered, and greatly depends upon the state and circumstances of the Province, which is very well known to every one here present, and therefore, need not be mentioned. But certain it is that things would never have gone the lengths they had done, if the Legislature had interposed when this rebellion was young, and before it had come to its maturity, nor need it continue longer, if they will exert themselves, in support of His Majesty's authority, and the laws of the land.

In my humble opinion, the Province is not in such circumstances as to make it prudent or advisable in the government to stretch their power in favor of a few people, who have thrown off their allegiance. There is power and strength enough in the Province, to put the laws in execution; His Excellency, with the Council and Assembly, can, if they will, presently put a stop to those disorders, and were they once inclined, these daring people would presently sneak into their hiding places, and not venture to shew themselves in opposition to the government. But while we want inclination, and while these people know what we do, all the mild measures proposed will be ineffectual, and only tend to bring the government into greater contempt.

Had these daring disturbers not been countenanced by some men of note, had they not depended upon the support and protection of men much above themselves, they never would have ventured, thus, to have flown in the face of His Majesty's Government, and to have thrown off their allegiance, Had they labored under

any injustice or oppression, they have had full liberty, and have laid their complaints before the Assembly, too many of whom want not inclinations in their favor; and as they have been fully heard, and no one instance of oppression or injustice made out, even to the satisfaction of the Assembly, it must be presumed their complaints are only clamor, designed to draw in weak and unwary people, to join them in their unlawful practices.

R. H. MORRIS.

How far Colonists carry English Laws.

III. How far the King's subjects, who emigrate,

carry with them the Law of England:

Common Law; Second, The Statute Law.

First. As to the Common Law.

First, The

(1.) Mr. West's opinion on this subject in 1720.

The Common Law of England, is the Common Law of the Plantations, and all statutes in affirmance of the Common Law passed in England, antecedent to the settlement of a colony, are in force in that colony, unless there is some private Act to the contrary; though no statutes made since those settlements, are there in force, unless the colonies are particularly mentioned. Let an Englishman go where he will, he carries as much of law and liberty with him, as the nature of things will bear.

(2.) The opinion of the Attorney and Solicitor-General, Pratt and Yorke, that the King's subjects carry with them the Common Law, wherever they may form settlements.

In respect to such places as have been or shall be acquired by treaty or grant, from any of the Indian

Princes or governments, your Majesty's letters patent are not necessary; the property of the soil vesting in the grantees by the Indian grants, subject only to your Majesty's right of sovereignty over the settlements, as English settlements, and over the inhabitants, as English subjects, who carry with them your Majesty's laws wherever they form colonies, and receive your Majesty's protection, by virtue of your royal Charters.

C. PRATT.

C. YORKE.

(3.) Mr. Fane's opinion how far subjects can be detained in custody, on a charge of Piracy.

To the Right Hon., the Lords Commissioners for Trade and Plantations.

My Lords;

In obedience to your Lordships' commands, signified to me by Mr. Popple's letter of the 3d of May last, whereby your Lordships are pleased to desire my opinion, in point of law, how far Mr. Worsley, Governor of Barbadoes, can be justified in detaining two persons in custody upon that island, upon suspicion of piracy, supposed to be committed on the Portuguese factory, at Cape Lopez. I have considered of the matters so referred, and am humbly of opinion, that Mr. Worsley cannot justify the detaining the persons any longer in custody, upon suspicion, without bringing them to a trial, and which, he says in his letter to your Lordships, he declines doing, because he is apprehensive that for want of evidence they will be acquitted; therefore, I think they ought to be released; but it but it may be proper for Mr. Worsley, if the suspicions are very strong against them, not to discharge them till such time as they have