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CONTENTS.
THE KING'S PREROGATIVE ABROAD.
I. OF HIS ECCLESIASTICAL AUTHORITY.
Page.
The opinion of the Attorney-General Northey, on this subject in
1705, relating to the Jesuits and papists in Maryland.
42
The letter of the Right Rev. Dr. Gibson, the Bishop of London,
to the Duke of Newcastle, upon the right of the independent min-
isters in New England, to hold synods.
44
The joint opinions of Attorney and Solicitor-General, Yorke and
Wearg, in 1725, on the same subject.
45
Mr. West's opinion, in 1719, on the king's right to present to va-
cant benefices in Virginia.
53
Two opinions of the Attorney-General, Northey, relative to the
clergy of Virginia.
56
The same lawyer's opinion on Popery in Maryland.
60
The Bishop of London's observations on a law of Virginia for the
suppression of Vice.
63
The Attorney-General, Northey's, opinion on the granting of let-
ters of administration on the same estate, both in England, and in
the colonies.
II. OF THE KING'S CIVIL AUTHORITY.
First. OF HIS RIGHTS OF PROPERTY.
The Lord Chief Justice Holt's opinion, 3d June, 1690, that the
King might take away the Charter of Maryland, (Lord Baltimore's,)
it being in a case of necessity.
The opinion of the Attorney and Solicitor-General, Northey and
Harcourt, that the Queen, having a right to govern all her people,
may resume a Government under a Royal Charter that had been
abused.
The opinion of the Attorney-General, Northey, on the Queen's
prerogative to receive a surrender of the Pennsylvania Charter.
The opinion of the Attorney and Solicitor-General Ryder, and
Murray, on the King's prerogative to receive the resignation of the
Charter of Georgia, and to establish a Royal Government.
The opinion of the Attorney-General Northey, on the surrender
of the Bahama Charter.
65
66
67
69
72
On the King's Right to the three lower Counties on Delaware,
by Attorney and Solicitor-General, Northey and Thompson.
73
Of the King's authority over Guernsey and Jersey, by the At-
torney and Solicitor, Ryder and Strange.
88
Of the King's right to the islands in the river Delaware, by the
Attorney and Solicitor General Raymond and Yorke, in 1721.
90
Of the King's right to certain waste lands in New Hampshire,
by the Attorney and Solicitor General, Ryder and Murray.
91
Mr. West's opinion how far the King has a right to grant ceded
lands.
The opinion of the Attorney and Solicitor, Yorke and Talbot,
whether the King's right to the lands of Pemaquid remain in the
Crown.
105
106
Of the King's right to the woods in the Province of Maine, by
Mr. West.
133
Mr. Fane's opinion on the King's right to the woods in New En-
gland.
137
The opinion of the Attorney and Solicitor-General, Yorke and
Talbot, on the King's right to the woods in New England.
139
Third. OF THE KING'S GRANTS.
The opinion of the Attorney-General Treby, in 1689, on a grant,
for life, of Auditor of the Virginia revenue.
160
Of the King's right to mines in New Jersey, by the Attorney
and Solicitor, Raymond and Yorke.
Of the royal right of escheats in Virginia, by the Attorney and
Solicitor-General, Somers and Trevor.
141
142
Of the peculiar Escheats in New Jersey, which was in the hands
of Proprietarics, by the Attorney-General Northey,
143
On the escheat of negroes, in Jamaica, by the Solicitor-General
Montague.
144
On the escheat of ambergris, in Jamaica, by the same lawyer.
On the escheat of lands and negroes in Jamaica, by the Attorney-
General Northey.
146
147
On the Queen's right of quit-rents, in New York, by the same
lawyer.
149
Mr. Fane's opinion on the King's right to treasure-trove, in the
Bahamas.
150
The Attorney-General Northey's opinion of the Queen's right to
royal fish, at New York.
The opinion of the Attorney and Solicitor-General, Ryder and
Murray, on the King's right to the territory of Avalon, in New-
foundland, which had been granted to Sir George Calvert, in 1623. 151
The opinion of the Attorney.General Harcourt, on the Queen's
right of escheat, to an estate in Jamaica,
153
The opinion of Mr. Jackson on the King's right to the white pine
trees growing on the Kennebeck River.
155
The opinion of the same counsel on the construction of the 8
Geo. I., for the preservation of the white pine trees in New Eng.
land.
Second. OF THE KING'S POWER OF TAXATION.
The opinion of the Attorney-General Northey, that the Queen
might direct to be levied a tax on the conquered part of St Kitt's,
in 1704.
The same lawyer's opinion, that the Queen might legally take off
the duty of five shillings per ton, on French ships, when the Eng-
lish ships should be exempted from paying the duty of fifty sols per
ton, in France.
157
158
159
sey.
Mr. Lamb's opinion on the appointment of Sheriffs in New Jer-
161
Mr. Fane's opinion on the King's power to confirm the titles to
land in Connecticut.
Murray, on the King's right to make new grants of land in New
Hampshire.
The opinion of the Attorney-General Yorke, on the manner of
discussing objections to the King's grants.
Talbot, on the question between the King and the Proprietors of
the Northern Neck, in Virginia.
163
164
168
169
The opinion of the Attorney and Solicitor, Ryder and Strange,
concerning the grants of lands in Carolina, before and after the pur-
chase, by the King, of the Proprietors' rights.
171
Talbot, on grants that are void for uncertainty.
175
The opinions of Mr. Fane, and of the Attorney and Solicitor-Gen-
eral, Willes and Ryder, on the question of patenting lands, under
old grants from the Proprietaries of Carolina.
176
The opinion of the same lawyers, on the nullity of a similar grant
to Mr. Hodgson.
178
The opinion of Mr. Fane, on the validity of the grant of the Sec-
retary's office in South Carolina.
The opinion of the Attorney-General Willes, on the right of the
Proprietor of Maryland, to appoint to offices, under the King's
Charters.
Fourth. OF AN ANOMALOUS EXCLUSION OF THE KING'S RIGHT OF
GRANTING A COLONIAL OFfice.
The opinion of the Solicitor-General Montague, on the exclusive
right of the Governors, to appoint naval officers.
Fifth. OF THE KING'S GENERAL JURISDICTION OVER HIS TERRI-
TORIES ABROAD.
The opinion of the Attorney and Solicitor-General, Raymond and
Yorke, on the King's power to establish a Civil Jurisdiction at
Gibraltar.
179
181
184
might establish a Court of Equity in Massachusetts Bay.
Mr. West's opinion on the King's right to establish a new office
of law at Barbadoes.
Murray, on the King's right of establishing a Government in Geor-
gia, upon the surrender of the Trustees.
Mr. Fane's opinion, on the King's power of calling an Assembly,
in New York.
194
195
198
199
The opinion of Chief-Justice Morris, in New Jersey, on the
King's power of mercy.
200
III. HOW FAR THE KING'S SUBJECTS, WHO EMI
GRATE, CARRY WITH THEM THE LAW OF ENGLAND.
First. As TO THE COMMON LAW.
Mr. West's opinion on this subject in 1720.
206
The opinion of the Attorney and Solicitor General, Pratt and
Yorke, that the king's subjects carry with them the common law,
wherever they may form settlements.
Mr. Fane's opinion, how far subjects can be detained in custody,
on a charge of piracy.
207
Second.
As TO THE EXTENSION OF THE STATUTE LAW.
The Attorney-General Yorke's opinion on this subject, in 1729 208
The opinion of the Attorney and Solicitor, Henley, and Yorke,
that the subjects emigrating, do carry with them the statute law, in
1757.
203
The opinion of the advocate, the attorney, and solicitor, Hay,
Yorke, and Norton, on the same subject in 1762.
The opinion of the attorney and solicitor-general, De Grey, and
Willes, on the extension of acts of parliament to the colonies, when
they are mentioned, generally, as dominions of the crown, 1767.
The opinion of attorney and solicitor general, Raymond, and
Yorke, how far the statute of monopolies extends to the colonies.
The opinion of the attorney-general Yorke, in 1727, how far
statutes extend to the Isle of Man.
210
211
213
214