however to the control of the parliament; though (like Ireland, Man, and the reſt) not bound by any acts of parliament, unleſs particularly named.
With reſpect to their interior polity, our colonies are properly of three ſorts. 1. Provincial eſtabliſhments, the conſtitutions of which depend on the reſpective commiſſions iſſued by the crown to the governors, and the inſtructions which uſually accompany thoſe commiſſions; under the authority of which, provincial aſſemblies are conſtituted, with the power of making local ordinances, not repugnant to the laws of England. 2. Proprietary governments, granted out by the crown to individuals, in the nature of feudatory principalities, with all the inferior regalities, and ſubordinate powers of legiſlation, which formerly belonged to the owners of counties palatine: 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, in the nature of civil corporations, with the power of making by-laws for their own interior regulation, not contrary to the laws of England; and with ſuch rights and authorities as are ſpecially 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 in council here in England. Their general aſſemblies which are their houſe of commons, together with their council 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. III. c. 22. that all laws, by-laws, uſages, and cuſtoms, which ſhall be in practice in any of the plantations, repugnant to any law, made or to be made in this kingdom relative to the ſaid plantations, ſhall be utterly void and of none
