FREE BOOKS

Author's List




PREV.   NEXT  
|<   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116  
117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   >>   >|  
rial rights and emoluments, and the patronage of the bishoprick[z] and other ecclesiastical benefices) are unalienably vested in the crown, and subjected to the regulations of the British excise and customs. [Footnote u: 4 Inst. 284. 2 And. 116.] [Footnote w: Selden. tit. hon. 1. 3.] [Footnote x: Camden. Eliz. _A.D._ 1594.] [Footnote y: 1 P.W. 329.] [Footnote z: The bishoprick of Man, or Sodor, or Sodor and Man, was formerly within the province of Canterbury, but annexed to that of York by statute 33 Hen. VIII. c. 31.] THE islands of Jersey, Guernsey, Sark, Alderney, and their appendages, were parcel of the duchy of Normandy, and were united to the crown of England by the first princes of the Norman line. They are governed by their own laws, which are for the most part the ducal customs of Normandy, being collected in an antient book of very great authority, entituled, _le grand coustumier_. The king's writ, or process from the courts of Westminster, is there of no force; but his commission is. They are not bound by common acts of our parliaments, unless particularly named[a]. All causes are originally determined by their own officers, the bailiffs and jurats of the islands; but an appeal lies from them to the king in council, in the last resort. [Footnote a: 4 Inst. 286.] BESIDES these adjacent islands, our more distant plantations in America, and elsewhere, are also in some respects subject to the English laws. Plantations, or colonies in distant countries, are either such where the lands are claimed by right of occupancy only, by finding them desart and uncultivated, and peopling them from the mother country; or where, when already cultivated, they have been either gained by conquest, or ceded to us by treaties. And both these rights are founded upon the law of nature, or at least upon that of nations. But there is a difference between these two species of colonies, with respect to the laws by which they are bound. For it is held[b], that if an uninhabited country be discovered and planted by English subjects, all the English laws are immediately there in force. For as the law is the birthright of every subject, so wherever they go they carry their laws with them[c]. But in conquered or ceded countries, that have already laws of their own, the king may indeed alter and change those laws; but, till he does actually change them, the antient laws of the country remain, unless such as are against the l
PREV.   NEXT  
|<   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116  
117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   >>   >|  



Top keywords:

Footnote

 

islands

 

English

 

country

 
subject
 

customs

 

Normandy

 

colonies

 

countries

 

bishoprick


rights

 

antient

 

distant

 
change
 
finding
 
desart
 

peopling

 

mother

 

cultivated

 

uncultivated


Plantations

 

patronage

 

adjacent

 
plantations
 

BESIDES

 

council

 
resort
 
America
 

claimed

 
occupancy

emoluments
 

respects

 
founded
 

conquered

 
subjects
 

immediately

 

birthright

 
remain
 

planted

 

discovered


nature

 
nations
 

treaties

 

gained

 
conquest
 

difference

 

uninhabited

 

species

 
respect
 

statute