Page:Prerogatives of the Crown.djvu/47

 Ch. III.] Prerogative as to the Colonies. 27 which was effected in the reign of Queen Ann (a), it is or- dained that all the then existing Scotch laws should remain in force, alterable however by the united Parliament of Great Britain; so that the municipal or common laws of England, are generally speaking of no force or validity in Scotland; though, since the Union, all statutes passed in England bind and extend to Scotland, though that country be not particu- larly mentioned, {b) The Town of Berwick upon Tweed was once part of Scotland, but is now. part of England, and governed by English laws; and statutes made by British Parliament extend to it unless it be expressly excepted, [c) The inhabitants of Ireland are for the most part, observes Sir Wm, Blackstone, (d) descended from the English ; who planted it as a kind of colony, after the conquest of it by King Henry the 2d, and the laws of England were then received and sworn to by the Irish nation assembled at the council of Lismore. {e) The change made in the antient Irish laws was not effected by any English Parliament, but by the charters of Henry the 2d and other subsequent Sovereigns, who con- sidered it as a dependent conquered dominion ; and as such, possessed a legislative right over it. (f) So that it is, generally speaking, true that the English common law prevails in Ire- land: {g) and it is clear that all statutes made in England before the 10 Hen. 7. were extended to Ireland, and ren- dered of equal force there, by one of Poyning's Uws. (h) But before the union of the" two kingdoms, acts of parliament made in England since the 10 Hen. 7. in which Ireland was not expressly comprehended, did not relate to that country. When that important event took place in the year 1800, and the two countries were incorporated together, it was expressly provided, (i) that all laws in force in Ireland at the time of the Union should remain as by law established, but subject to be altered by the united Parliament. Since the Union it should seem that statutes made by the Parliament of the united king- (a) 5 and 6 Ann. ch. 8. (/) Sec Cowp. Rep. 210. post. 29. (A) See 2 Burr. R. 853. (g) Ibid, see 1 Bla. Com. 101. (c) See 1 Bla. Com. 99. 2 Burr. (A) See 4 Inst. 351. 1 Bla. Com. R. 853. 103. (rf) 1 Bla. Com. 100. (0 39 and 40 Geo. 3. c. 67. art. 8. (#) Pryn. on 4 Inst. 249. dom