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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 20   View pdf image (33K)
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20 The English Statutes in Maryland. [484
The case of BIankard v. Galdy is one to which very fre-
quent reference will be necessary. The matter at issue was a
suit on a bond. and involved the extension of an English Act
to Jamaica. The counsel for the plaintiff argued that Jamaica
was an island beyond the sea conquered from the Indians and
the Spaniards in Queen Elizabeth's time8 [sic], that the
inhabitants were bound by their own law, and that as they
were not represented in Parliament, so they could not be
bound by English statutes unless specially named. Statutes
were cited—among them 5 Eliz. ch. 4, as to servants—which
would be destructive if enforced there, and others, such as the
Act of Usury, which does not apply, " for they allow them
more for the loan of money than is permitted by that law."
Several Acts of Parliament which have " taken notice " of
Jamaica are cited.
Then is adduced the Earl of Derby's Case, where the Court
held that English statutes did not bind the inhabitants of the
Isle of Man, a conquered province, unless they were specially
mentioned.
Counsel for the defendant argued contra that the liberties
lost were those of the conquered; those that conquer cannot
by this conquest lose their laws, which are their birthright.
and which they carry with them wherever they go. Calvin's
Case is then cited, with emphasis in its distinctions between
heathen and Christian conquered countries. The experience
of Ireland is used to point out an analogy between that and
the situation of Jamaica.'
The Court held, in part:
1. In case of an uninhabited country newly found out by Eng-
lish subjects, all laws in force in England are in force there; so it
seemed to be agreed.
2. Jamaica being conquered and not pleaded to be parcel of the
Kingdom of England but part of the possessions and revenue of
the Crown of England, the laws of England did not take place
there, until declared so by the conqueror or his successors. . . .'
' The Conquest did not take place, of course, until Cromwell's
time. in 1655. An attack was made in Elizabeth's reign, in 1396,
under Shirley. hut this was not followed up. See Preface to The
Importance of Jamaica to Great Britain Considered: London, 1741?
This tract deals rather lightly with Constitutional History.
4 See below p. 28.
5 4 Modern 213 ff. Salkeld 411.

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 20   View pdf image (33K)
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