414 Assembly Proceedings, October 6-November 6, 1725.

L. H. J.

against the Statutes of England Extending here. We know
Something of their Opinions in Respect to other Plantations
but know not of any publick Controversy that has ever been
Concerning this, Except what has happen'd to with your
Lordship on your Late Instruction, and if such opinions be
given in our Case it must have been from Your Lordships
Stating it, or without any State. But be it which it will, we
take the Liberty of Assuring Your Lordship we will not dis-
claim our Country's Rights on any Ex parte opinions, nor
without a Due Determination according to those Laws we
have a Right to be try'd by.
Your Lordship is pleas'd to observe that the Habeas Cor-
pus Act, does not Extend to Ireland nor the Plantations, and
yet that the Terms of the Act are as Generall (in its Extent
we understand Your Lordship) as Can be. We are Sorry
Your Lordships Lawyer had not better Inform'd you; for that
Act has as Express Words of Locall Limitation in it, as any
Statute whatever, particular ly in the Eleventh and Twelfth
Paragraphs which Expressly Relate only to the Countys
Palatine Cinque Ports &c^a within the Kingdom of England,
Dominion of Wales and Town of Berwick upon Tweed and
the Isles of Jersey and Guernsey. But we only Begg Your
Lordship from this Remark to observe how (Your Lord-

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ship best knows by whom) You are Misinform'd in this par-
ticular, For we Claim the full Benefitt of that Statute tho
Located; For it is a Statute which Grants Priviledges, to
witt, the Regaining Liberty, when Illegally taken away, and
the Securing Liberty against being taken away from those it
Relates to. The Statute Relates to all the Subjects of England
that at the time of the Statute were or thereafter should be
Inhabitants or Residents in England. It is therefore a priv-
iledge due to his Majesties Liege people in England and the
Royal Charter to your Lordship Expresly Grants us all
Libertys Franchises and Priviledges of the Kingdom of Eng-
land as Freely to Enjoy [as] Liege People Born, or to be.born
within the Kingdom of England with a Generall non obstante.
Therefore when Your Lordship has been advised to deny that
we have Right to the Priviledges Granted by that Statute,
you were Realy advis'd to deny us, what the Royal Charter
Grants us, which we hope is as far from Your thoughts to
Impose as from ours to Suffer; This Statute hath been put
in practice here whilst the Crown Govern'd, and is by a
Genuine Common Law Construction Easily reconcil'd to us ;
for tho the Writts of Habeas Corpus therein allow'd are grant-
able by and Returnable before the Lord Chancellor Judges or
Barrons therein mentioned and of the degree of the Coif, and
tho' we have none Such here Yet we Esteem the Judges of our