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New England is the monument of its power to estab-
lish free states.
The ancient institutions of
England would not yield to new popular establishments; but the bloom of immortality belongs to the example of
Vane, to the poetry of
Milton, and, let us hope, to the institutions of
New England.
To
New England, the revolutions in the mother country were not indifferent; the
American colonies attracted the notice of the courts of justice in Westminster Hall.
They were held, alike by the nature of the
English constitution, and the principles of the common law, to be subordinate to the English parliament, and bound by its acts, whenever they were specially named in a statute, or were clearly embraced within its provisions.
An issue was thus made between
Massachusetts and
England, for that colony had, as we have seen, refused to be subject to the laws of parliament, and had remonstrated against such subjection, as ‘the loss of English liberty.’
The Long Parliament had conceded the justice of the remonstrance.
The judges, on the restoration, decreed otherwise, and asserted the legislative supremacy of parliament over the colonies without restriction.
Such was the established common law of
England.
1
Immediately on the restoration of Charles II., the
convention parliament
2 granted to the monarch a subsidy of twelve pence in the pound, that is, of five per cent., on all merchandise exported from, or imported into, the kingdom of
England, or ‘any of his majesty's dominions thereto belonging.’
3 Doubts arising, not