Page:Prerogatives of the Crown.djvu/45

 Ch. III.] Prerogative, where exerciseable, 25 tended assignment, of the party's property, before he was guilty of disobedience to the King's command, (a) On the return of the offender he is liable to be fined ; [b) but is enti- tled to a return of his lands, as a matter of right, (c) CHAP. III. Where the Prerogatives are ea:erciseable ; and herein of the Prerogative as it respects the British Colonies. Though allegiance be due from every one within the territories subject to the British Crown, it is far from being a necessary inference, that all the prerogatives which are vested in his Majesty by the English Laws, are therefore exerciseable over individuals within those parts of his Majesty's dominions in which the English Laws do not as such prevail. Doubtless those fundamental rights and principles on which the King's authority rests, and which are necessary to maintain it, extend even to such of his Majesty's dominions as are governed by their own local and separate laws. The King would be nominally and not substantially a sovereign over such his dominions, if this were not the case. But the various prerogatives and rights of the sovereign which are merely local to England, and do not fundamentally sustain the existence of the Crown, or form the pillars on which it is supported, are not it seems prima facie extensible to the colonies or other British dominions which possess a local jurisprudence, distinct from that prevalent in and peculiar to England. To illustrate this distinction the at- tributes of the King, sovereignty, perfection and perpetuity, which are inherent in and constitute his Majesty's political ca- pacity, prevail in every part of the territories subject to the English Crown, by whatever peculiar or internal laws they may be governed. The King is the head of the church {d) ; is pos- sessed of a share of legislation ; and is generalissimo through- out all his dominions : in every part of them his Majesty is alone entitled to make war and peace ; but in countries which, (rt) See Lane, 42. (c) Per f«mfield, C. B. Lane, 48. {b) Bla. Com. 266. 1 Hawk. c.22. (rf) 1 Chalmers' Op. 12. 8.4. though