Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/247

Ch. 5. ited of privy counellors, were diolved; and it was declared illegal for them to take cognizance of any matter of property, belonging to the ubjects of this kingdom. But, in plantation or admiralty caues, which arie out of the juridiction of this kingdom; and in matters of lunacy and idiocy, being a pecial flower of the prerogative; with regard to thee, although they may eventually involve quetions of extenive property, the privy council continues to have cognizance, being the court of appeal in uch caues: or, rather, the appeal lies to the king’s majety himelf in council. Whenever alo a quetion aries between two provinces in America or elewhere, as concerning the extent of their charters and the like, the king in his council exercies original juridiction therein, upon the principles of feodal overeignty. And o likewie when any peron claims an iland or a province, in the nature of a feodal principality, by grant from the king or his ancestors, the determination of that right belongs to his majety in council: as was the cae of the earl of Derby with regard to the ile of Man in the reign of queen Elizabeth, and of the earl of Cardigan and others, as repreentatives of the duke of Montague, with relation to the iland of St Vincent in 1764. But from all the dominions of the crown, excepting Great Britain and Ireland, an appellate juridiction (in the lat reort) is veted in the ame tribunal; which uually exercies it’s judicial authority in a committee of the whole privy council, who hear the allegations and proofs, and make their report to his majety in council, by whom the judgment is finally given. to the qualifications of members to it at this board: any natural born ubject of England is capable of being a member of the privy council; taking the proper oaths for ecurity of the government, and the tet for ecurity of the church. But, in order to prevent any perons under foreign attachments from ininuating themelves into this important trut, as happened in the reign of king William in many intances, it is enacted by the act of ettlement, that no peron born out of the dominions of the crown of