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Show 38 ACTS RELATING Part I. Sec}. II. obferved as the terms of the other: that if either of them do in exprefs terms re- firain the parliament from exercifing certain acts of its fupreme power over the conquered or acquired country, the parliament is bound by that reflrié'tion, f0 long as the inhabitants of the conquered or acquired country adhere to the conditions on which the capitulation or charter was TO THE Commas. as being part of his foreign * dominions, in the fame manner as Gafcony or Normandy, and as fubjeét thereforeto the authority of the king alone. Charles I. allerted this exclufive authority in a letter to the fpeaker of the 110qu of commons. After the Refioration, this idea was, in part at leaf'r, abandoned; and the countries acquired, granted; 39 whether by conquefi or but that to all other purpofes colonifation, began to be confidered as they are fubjeét to the fupreme power of parliament, and can by no qfi‘cr act of the crown be releafed from that fubjection. For the one great condition on which the capitulation or the charter is parts of, or belonging to the realm. Still however the line between refpec- tive powers of the king and parliament over them were ar from being precifely drawn. It was far from being fixed, in granted is, that the conquered or acquir- ed country becomes fuéjeé? of the realm of Great Britain. The unconfiitutional maxims adopted by the Stuart family, threw no finall ob- fcurity on this queftion. They were wont to confider all conquered or acquired what capacity the king acted when he granted charters. The idea of a difiiné‘c fovereignty in the king over the colonies, unconneéted with, and independent of the parliament, was indeed apparent/y given up. But many of the practices, which are to bejuf- countries as belonging to the king alone; 3.3 *5 See innal's Adminif'rration of the Colonies, cd, 5. vol. i. p. .122. D 4. tified |
