Ch. III.] Prerogative as io tfie Colonies. 29 decision in the island to the King in council, {a) as it does in. general from all territories, as the colonies, &c. subject in this manner to the Crown, though they cannot regularly transmit a cause to the King without first giving some judg- ment in it. (jb) If the judicial superintending power over his colonies, &c., by way of appeal, were not vested in the King, the law might be insensibly changed to the destruction of the superiority of the mother country. The King cannot give a direction to any Court to rehear any cause depending therein ; but rehearings are granted or denied by Courts of Equity, on petition of the parties grieved, {c) Out plantations or celonies in America, {d) and in other parts of the globe, were of course obtained either by conquest or treaty, or by our taking possession of, and peopling them, when we found them uninhabited. When a country is obtained by conquest or treaty ^ the King possesses an exclusive prerogative power over it, and may entirely change or new-model the ' whole, or part of its laws, and political form of government, [e) and may govern it by regulations framed by himself. For instance, ever since the conquest of Gibraltar, in which, besides the garrison, there are inhabitants, property, and trade, the King has made or- ders and regulations suitable to those who live, &c. or enjoy property in that place. (/) As, however, a country conquered by British arms becomes a dominion of the King in right of his Crown, it is necessarily subject to the legislature of Great Britain; and, consequently, his Majesty's legislative power over it, as conqueror, is subordinate to his own authority in Parlia- ment; so that his Majesty cannot make any new change con- trary to fundamental principles, or exempt the inhabitants from the power of Parliament, {g) Nor can the King legally disregard or violate the articles on which the country is sur- rendered or ceded ; but such articles are sacred and inviolable, according to their true intent and meaning, [h) It is necessary (a) Vaugh. R. 290, 402. 1 Bla; 1 7. The King may /j^r *<r tax a conyMWtfrf Com. 106. 2 Chalmers' Op. 177, 222, country. 2 Chalmers' Opinions, 140,' 1 . &,c. (/) Cowper, 211. Seel East, 306. (A) Ld. Raym. 1448. See a very clear and able opinion on this (c) 2 Chalmers' Op. 177. subject, 1 Chalmers' Op. 169. {(l) See generally Stokes on the Colo- (g) Cowper, 209. «ies, ch. 1. (A) Ibid. 208. post, 32. {e) Dyer, 224. Vaugh. 281. 7 Rep. and
