1. Vaugh. 400.
2. 10 Edw. I.
3. 12 Edw. I
4. 4 Inst. 345
5. It may justly be doubted, whether even such an infringement (though a manifest breach of good faith, unless done upon the most pressing necessity) would of itself dissolve the union: for the bare idea of a state, without a power somewhere vested to alter every part of its laws, is the height of political absurdity. The truth seems to be, that in such an incorporate union (which is well distinguished by a very learned prelate from a foederate alliance, where such an infringement would certainly rescind the compact) the two contracting states are totally annihilated, without any power of a revival; and a third arises from their conjunction, in which all the rights of sovereignty, and particularly that of legislation, must of necessity reside. (See Warburton's alliance, 195.) But the wanton or imprudent exertion of this right would probably raise a very alarming ferment in the minds of individuals; and therefore it is hinted above that such an attempt might endanger (though by no means destroy) the union. To illustrate this matter a little farther: an act of parliament to repeal or alter the act of uniformity in England, or to establish episcopacy in Scotland, would doubtless in point of authority be sufficiently valid and binding; and, notwithstanding such an act, the union would continue unbroken. Nay, each of these measures might be safely and honorably pursued, if respectively agreeable to the sentiments of the English church, or the kirk in Scotland. But it should seem neither prudent, nor perhaps consistent with good faith, to venture upon either of those steps, by a spontaneous exertion of the inherent powers of parliament, or at the instance of mere individuals. — So sacred indeed are the laws abovementioned (for protecting each church and the English liturgy) esteemed, that in the regency acts both of 1751 and 1765 the regents are expressly disabled from assenting to the repeal or alteration of either these, or the act of settlement.
6. Hale Hist. C. L. 183.1 Sid. 382. 462. 2 Show. 365.
7. Cro. Jac. 543. 2 Roll. abr. 292. Stat. 11 Geo. I. c. 4. 4 Burr. 834.
8. Stat. Hiberniae. 14 Hen. III.
9. Pryn. on 4 inst. 249.
10. 4 Inst. 358. Edm. Spenser's state of Ireland. p. 1513. edit. Hughes.
11. Vaugh. 294. 2. Pryn. Rec. 85. 7 Rep. 23.
12. 1 Inst. 141.
13. A. R. 30. 1 Rym. Feod. 443.
14. A. R. 5. — pro eo quod leges quibus utuntur Hybernici Deo detestabiles existunt, et omni juri dissonant, adeo, quod leges censeri non debeant; nobis et consilio nostro satis videtur expediens, eisdem utendas concedere leges Anglicanas. 3 Pryn. Rec. 1218.
15. Edm. Spenser, ibid.
16. 20 Hen. VI. 8. 2 Ric. III. 12.
17. Yearbook 1 Hen. VII. 3. 7. Rep. 22 Calvin's case.
18. Irish Stat. 11 Eliz. st. 3. c. S.
19. Ibid. 10 Hen. VII. c. 22.
20. Cap. 4. expounded by 3 & 4 Ph. and M. c. 4.
21. 4 Inst. 353.
22. Irish Stat. 11 Eliz. st. 3. c. 38.
23. cap. 23.
24. 4 Inst. 351.
25. 12 Rep. 112.
26. Puf. L. of N. viii. 6. 24.
27. This was law in the time of Hen. VIII; as appears by the ancient book, entitled, diversity of courts, c. bank le roy.
28. Vaugh. 402.
29. 4 Inst. 284. 2 And 116.
30. Selden tit. hon 13.
31. Camden. Eliz A. D 1594.
32. 1 P. Wms. 329.
33. The bishopric of Man, or Sodor, or Sodor and Man, was formerly within the province of Canterbury, but annexed to that of York by statute 33 Hen. VIII. c. 31.
34. 4 Inst. 286.
35. Salk. 411. 666.
36. 2 P. Wms. 75.
37. 7 Rep. 17. Calvin's case. Show. Parl. C. 31. See also in the case of Campbell v. Hall. Cowp. Rep. 204. a great and elaborate argument of Lord Mansfield, in delivering the judgment of the court of king's bench.
38. See Appendix, note E. — T.
39. However, in the year 1782, by statute 22 Geo. III. c. 46. his majesty was empowered to conclude a peace with the colonies of New-Hampshire, Massachusetts-Bay, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, the three Lower Counties on Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, in North-America, then in rebellion against their mother-country; and for that purpose, to repeal, or to suspend, the operation of any acts of parliament so far as they related to the said colonies. Accordingly a peace was soon after concluded and the independence which the above-mentioned colonies had before declared was allowed to them; so that now they are as much independent of and unconnected with, Great Britain, as any other foreign nation. — T.
40. Stat. 12 & 13 Will. III. c. 3.
41. Co. Litt. 260.
42. Finch. L. 78.
43. Co. Litt. 94.
44. Gibson's Britain.
45. Seld. of tith. 9. 4. 2 Inst. 643. Hob. 296.
46. in his Britannia.
47. Hob. 29.
48. of tithes, c 9.
49. c. 1.
50. Ibid c. 2. See also the laws of king Canute, c. II. about the year 1030.
51. 3 Inst. 647. 2 Rep. 44. Cro. Eliz. 512.
52. Flet. 1. 47. This the laws of king Edward the confessor, c. 20. very justly entitled, "summa et maxima securitas, per quam omnes statu firmissimo sustinentur; quae hoc modo fiebat, quod sub decennali fidejussione debebant esse universi".
53. Mirr. c. 1. §. 3.
54. Finch. L. 8.
55. 1 Inst. 115.
56. Co. Litt. 109.
57. Litt. §. 164.
58. 1 Inst. 116.
59. 14 Edw. I.
60. Gloss. 274.
61. Seld. in Fortesc. c. 24.
62. Seld. tit. of honor. 2. 5. 3.
63. Montesq. Sp. L. 30. 17.
64. Tacit. de morib. German. 6.
65. It is well deserving of legislative consideration whether a similar system of Jurisprudence is capable of being introduced into the Police of the Commonwealth. Especially that part of it, in which the number of slaves, and of free people of the same complexion with them, may render a more exact attention to the Police, and good order of the state, necessary. — T.
66. LL. Edw. c. 34.
67. Seld. tit. hon. 2. 5. 8.
68. Pat. 25 Edw. III. p. 1. m. 18 Seld. ibid. Sandford's gen. hist. 112. 4. 204.
69. Cart. 36 Edw. 111. n. 9.
70. Pat. 31 Edw. III. m. 33 Plowd. 215. 7. Rym. 138.
71. l. 3. c. 8. §. 4.
72. 4 Inst. 204.
73. Seld. in Heng. magn. c. 2.
74. Robertson. Cha. V. i. 60.
75. 4 Inst. 205.
76. 215.
77. 4 Inst. 205.
78. Parl. 2 Hen. V. n. 30. 3 Hen. V. n. 15.
79. 1 Ventr. 155.
80. 1 Ventr. 157.
81. Some have entertained an opinion (Plowd. 320, 1, 2. Lamb. Archeion. 233. 4 Inst. 206.) that by this act the right of the duchy vested only in the natural, and not in the political person of king Henry VII, as formerly in that of Henry IV; and was descendible to his natural heirs, independent of the succession to the crown. And, if this notion were well founded, it might have become a very curious question at the time of the revolution in 1688, in whom the right of the duchy remained after king James's abdication, and previous to the attainder of the pretended prince of Wales. But it is observable, that in the same act the duchy of Cornwall is also vested in king Henry VII and his heirs; which could never be intended in any event to be separated from the inheritance of the crown. And indeed it seems to have been understood very early after the statute of Henry VII, that the duchy of Lancaster was by no means thereby made a separate inheritance from the rest of the royal patrimony; since it descended, with the crown, to the half-blood in the instances of queen Mary and queen Elizabeth: which it could not have done, as the estate of a mere duke of Lancaster, in the common course of legal descent. The better opinion therefore seems to be that of those judges, who held (Plowd. 221) that notwithstanding the statute of Hen. VII (which was only an act of resumption) the duchy still remained as established by the act of Edward IV; separate from the other possessions of the crown in order and government, but united in point of inheritance.
82. 4 Inst 220.
83. The civil division of the territory of Virginia is primarily into Counties. Formerly, there were one or more parishes in every county: in each of which a minister was established with a salary, etc. The case of the poor was another object of the parochial division, which seems now to be virtually discontinued in all,84 as it is actually in the new-made counties. The poor are now committed to the care of the Overseers of the Poor of the District, of whom the act of 1787, chap. 48. directs that there shall be not more than four in every county.85 There are ninety-two counties at this day. Every county is by the constitution entitled to send two representatives to the General Assembly:86 in every county there is also held a monthly court for the trial of all causes not exceeding twenty dollars or 800 pounds of Tobacco, and for other purposes, such as the proving and recording wills, deeds, granting letters of administration etc. and generally for the regulation of the business of the county; as also, a quarterly court for the trial and decision of all causes of a civil nature, both at common law, and in equity to any amount87 they have also cognizance of pleas of the commonwealth in all cases where the punishment doth not extend to life or member, or to disqualification from office .... The justices of the county are judges of the courts, and the sheriff, or in case of his disability, the coroner, is the ministerial officer of the Court and County. The county lieutenants heretofore had the military arrangements of the county committed to their care, each county composing one or two separate regiments of militia, commanded by proper officers. But their office seems now to be discontinued.88 The counties are by the constitution distributed into twenty-four senatorial districts, each district being entitled to send one senator.89 The arrangement of the counties into districts for this purpose was made by the same convention which established the Constitution90 it has not since been altered, the new-made counties having uniformly been arranged to the same district as the county or counties from which they were taken. The adoption of the constitution of the United States made it necessary to arrange the counties into several districts for two other purposes; the first for the choice of representatives to congress, which before the census were limited to ten,91 only, including Kentucky. The second for the appointment of electors to choose a president of the United States, whose number by the constitution is to be equal to the whole number of senators and representatives, which the State is entitled to. The arrangement for these purposes was made by the acts of 1788, chap. 1. and 2 .... But the census being completed, it was found that the State was not adequately represented in Congress; the act for apportioning the number of representatives among the States having assigned nineteen to Virginia, a new arrangement of the counties was made by the acts of 1792. chap. 1. and 30. The second census made a further arrangement necessary; at present it is as follows; viz: Twenty-four senatorial districts. Twenty-one electoral districts: no new act upon this subject having been made since the last census;92 and, Twenty-two representatives, or congressional districts.93 There are a great many towns, or more properly speaking sites for towns established by act of Assembly in Virginia. Scarce a Session of the Assembly passes, in which, to use the emphatic expression of Mr. Jefferson the law does not say "there shall be towns where Nature hath said there shall not." .... These towns have no other privileges that I know of, except conferring upon the freehold possessor of a lot therein, with a house thereon of twelve feet square, the right of suffrage.94 There are also several corporate towns, which possess the privilege of making by-laws for the regulation of their own police, with the further privilege of holding courts, but no other privilege, beyond the common towns above mentioned. Of these Fredericksburg, Alexandria, Petersburg, Winchester, Staunton, and York, are either the whole, or the most considerable .... Norfolk is a corporate borough and is by the constitution95 entitled to a representative in the Assembly. Williamsburg and Richmond are cities, a title which they seem to have derived from having been respectively the seat of government .... Both are entitled to a representative in the General Assembly; the former by the Constitution,96 and the latter by an act passed in the year 1788.97 In all the corporate towns, as well as in Richmond, Williamsburg and Norfolk the jurisdiction of the courts is somewhat more limited than that of the county courts.98 — T.
84. Acts of 1785. c. 34. 1794. c 103. — T.
85. Edition of 1794. c. 102. — T.
86. C. V. Art. 5. — T.
87. V. L. Edi. 1794. c. 67. — T.
88. V. L. Edi. 1794. c. 146 152. — T.
89. C. V. Art. 6. — T.
90. May, 1776. c. 6. Edi. 1794. c. 61. — T.
91. C. U.S. Art. 1. §. 2. — T.
92. See V. L. 1799. c. 1. — T.
93. V. L. 1801. c. 24. — T.
94. Act of 1785. c. 55. Edi. 1794. c. 17. As to the mode of supplying Vacancies if the Trustees and Directors of these unincorporated towns .... See L. V. Edi. 1794. c. 5 Sess. Acts, 1797. c. 65. — T.
95. Art. 5. — T.
96. Ibid. — T.
97. c. 63. — T.
98. V. L. 1787. c. 97. Edi. 1794. c. 67. — T.
