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18 The English Statutes in Maryland. [482 of the English and Scottish monarchies in the person of James I. For details as to the desire of James to secure for his Scotch subjects the rights of citizenship in the richer land of the South, and the general history of the " Post-nati," we must refer to the historical writings of Gardiner and Hallam, and here direct our attention to a test case. known as Calvin's Case, made up in connection with the Post-nati decision that citizens of Scotland born after James' accession were to be accounted as legally naturalized in England. In Calvin's Case the Judges enunciated certain opinions as to the position of " dependencies " with relation to the central government. A dependency, they held, was a " parcel of the Realm in ten- ure," and Parliament might make any statute to bind such de- pendency, where the latter was definitely named; but without such special naming a statute did not bind. At the same time the judges went into an extended classifi- cation of the dominions dependent on the British Crown. These they divided into 1. Christian countries to which the laws of England have been g'ven by King or by Parliament. 2. Countries which come to the King through inheritance. In neither oi these can the King " change " the laws. 3. Conquered countries inhabited by Christians, Here the laws of the conquered remain in effect until the King changes them,— which is entirely within his prerogative, 4. Conquered heathen countries at once lose their rights or laws by the conquest. " for that they be not only against Christianity. hill against the law of God and of nature, contained in the Deca- logue." As to these, the monarch " by himself and such judges as he shall appoint, shall judge them and their causes according to natural equity . . . until certain laws be established among them." '7 Rep. 17. We have followed the analysis in Snow: The Admin- istration of Dependencies. The case was almost always cited when- ever the question came up. Of especial interest is Lord Mansfield's brief consideration of it in the Grenada Judgment (Cambell v. Hall). 1774. His remarks were published in pamphlet form as Lord Mansfield's Speech on Giving the Judgment of the Court of King's Bench . . in the Case of Campbell v. Hall . . London, 1775: A New Edition, Corrected. He calls attention to the "absurd excep- tion. as to pagans . . (which) shows the universality and antiq- uity of the maxim.'' The earlier history of these principles, before Calvin's Case. lies beyond our discussion. It may be noted, how- ever, that they belong to International Law. |
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Sioussat's The English Statutes in Maryland, 1903
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