Sir William Thomson, Recorder of London, 1714; Solicitor General, 1717; Cursitor Baron, 1726; a Baron of the Exchequer, 1729; died, 1739.

Richard West, Counsel to the Board of Trade; in 1718, Chancellor of Ireland; died, 1726.

Francis Fane succeeded Mr. West as Counsel to the Board of Trade in 1725, and resigned that office in 1746.

Sir Clement Wearg, Solicitor General, 1723; died, 1726.

Earl Hardwicke (Philip Yorke), born, 1690; Solicitor General, 1720; Attorney General, 1724; Lord Chief Justice, 1733; Lord Chancellor, 1737; died, 1764.

Sir Charles Talbot, Solicitor General, 1726; Lord Chancellor, and created Lord Talbot, 1733; died, 1737.

Sir Thomas Reeve, Justice of the Pleas, 1733; Chief Justice of the same Court, 1736; died, 1737.

Thomas Lutwyche, King's Counsel, died, 1734. He entered the House of Commons in 1710, and sat in it till his decease.

Sir Dudley Ryder, Solicitor General, 1733; Attorney General, 1737; Lord Chief Justice, 1754; died, 1756.

Sir John Strange, Solicitor General, 1737; Recorder of London, 1739; Master of the Rolls, 1750; died, 1754.

Earl Mansfield (William Murray), born, 1705; Solicitor General, 1742; Attorney General, 1754; Lord Chief Justice, 1756; died, 1793.

Earl of Northington (Robert Henley), Attorney General, 1756; Keeper of the Great Seal, 1757; Lord Chancellor, 1761; created Baron Henley, 1760; Earl of Northington, 1764; Lord President of the Council, 1766; died, 1774.

The Hon. Charles Yorke, born, 1722; Solicitor General, 1756; Attorney General, 1761; again, 1765; Lord Chancellor, 1770; died, 1770.

Sir Richard Lloyd, Solicitor General, 1754; a Baron of the Exchequer, 1759; died, 1761.

Lord Grantley (Fletcher Norton), born, 1716; Solicitor General, 1761; Attorney General, 1763; Chief Justice in Eyre, 1769; Speaker of the House of Commons in 1770, until 1780; created Lord Grantley, 1782; died, 1789.

Lord Walsingham (William De Grey), Solicitor General, 1763;

Attorney General, 1766; Chief Justice of the Common Pleas, 1771; created Lord Walsingham in 1780; and died, 1781.

Sir Edward Willes, Solicitor General, 1766; one of the Justices of the King's Bench, 1768.

Sir Archibald Macdonald, born, 1746; one of the Judges for Wales in 1780; Solicitor General, 1784; Attorney General, 1788; Chief Baron of the Exchequer, 1793; created a Baronet, 1813; died, 1826.

Sir James Marriott, civilian, born, 1731; Master of Trinity Hall, Cambridge. In 1764, he was appointed the King's Advocate. He was appointed Judge of the High Court of Admiralty in the room of Sir George Hay: resigned in 1798, and died in 1803.

Sir John Willes, born, 1685; Attorney General, 1734; Chief Justice of the Common Pleas, 1737; died, 1761.

Earl Camden (Charles Pratt), born, 1713; Attorney General, 1757; Chief Justice of the Common Pleas, 1762; Lord Chancellor, 1766; died, 1794.

Lord Thurlow (Edward), born, 1732; Solicitor General, 1707; Attorney General, 1771; Lord Chancellor, 1778; died, 1806. Chalmers, George, born, 1742; clerk to the Privy Council, 1786; died, 1825.

Sir Christopher Robinson, born, 1767; King's Advocate, 1805; Judge of the High Court of Admiralty, 1828; died, 1833.

Sir Nicolas Conyngham Tindal, born, 1776; Solicitor General, 1826; Chief Justice of the Common Pleas, 1829; died, 1846. Lord Abinger (James Scarlett), born, 1769; Attorney General, 1827; Lord Chief Baron, 1834; died, 1844.

Lord Lyndhurst (John Singleton Copley), born at Boston, U.S., 1772; Chief Justice of Chester, 1818; Solicitor General, 1819; Attorney General, 1824; Master of the Rolls, 1826; Lord Chancellor, 1827; Lord Chief Baron, 1830; Lord Chancellor the second time, 1834; the third time, 1841; died, 1863.

Lord Gifford (Robert), born, 1779; Solicitor General, 1817; Attorney General, 1819; Chief Justice of the Common Pleas, 1824; Master of the Rolls, 1824; died, 1826.

Lord Denman (Thomas), born, 1779; Common Serjeant, 1822; Attorney General, 1830; Lord Chief Justice, 1832; died, 1854. Lord Campbell (John), born, 1781; Solicitor General, 1832;

Attorney General, 1834; Lord Chancellor of Ireland, 1841; Chancellor of the Duchy of Lancaster, 1846; Lord Chief Justice of England, 1850-; Lord Chancellor, 1859; died, 1861.

Lord Truro (Thomas Wilde), born, 1782; Solicitor General, 1840; Attorney General, 1841, and again, 1846; Chief Justice of the Common Pleas, 1846; Lord Chancellor, 1850; died, 1855.

Lord Cranworth (Robert Monsey Rolfe), born, 1790; Solicitor General, 1834; again, 1835; Baron of the Exchequer, 1839; one of the Commissioners of the Great Seal, 1850; Vice-Chancellor, 1850; Lord Justice, 1851; Lord Chancellor, 1852; a second time, 1865; died, 1868.

Sir William Horne, born, 1774; Solicitor General, 1832; Attorney General, 1832; died, 1860.

Sir Charles Wetherell, born, 1770; Solicitor General, 1824; Attorney General, 1826; died, 1846.

Sir Samuel Shepherd, born, 1761; Solicitor General, 1814; Attorney General, 1817; Chief Baron of Court of Exchequer in Scotland, 1819; died, 1841.

Sir Herbert Jenner, Queen's Advocate; Judge of Prerogative Court, and Dean of Arches Court; died, 1852.

Sir John Dodson, born, 1780; Queen's Advocate, 1834; Judge of Prerogative Court and Dean of Arches Court, 1852; died, 1858.

Sir William Webb Follett, born, 1798; Solicitor General, 1834, and again, 1841; Attorney General, 1844; died, 1845.

Sir John Jervis, born, 1802; Solicitor General, 1846; Attorney General, 1846; Chief Justice of the Common Pleas, 1850; died, 1856.

Sir William Atherton, born, 1806; Solicitor General, 1859; Attorney General, 1861; died, 1864.

Sir John Dorney Harding, born, 1809; Queen's Advocate, 1852; died, 1868.

CASES AND OPINIONS

ON

CONSTITUTIONAL LAW.

CHAPTER I.

ON THE COMMON LAW AND STATUTE LAW APPLICABLE TO THE COLONIES.

(1.) OPINION of MR. WEST, Counsel to the Board of Trade (afterwards Lord Chancellor of Ireland), that the Common Law of England is the Common Law of the Colonies. 1720.

The common law of England is the common law of the plantations, and all statutes in affirmance of the common law passed in England, antecedent to the settlement of a colony, are in force in that colony, unless there is some private Act to the contrary; though no statutes made since those settlements, are there in force, unless the colonies are particularly mentioned. Let an Englishman go where he will, he carries as much of law and liberty with him as the nature of things will bear.

(2.) JOINT OPINION of the Attorney and Solicitor General, SIR CHARLES PRATT and HON. CHARLES YORKE, that English subjects carry with them English laws.

In respect to such places as have been or shall be acquired, by treaty or grant, from any of the Indian Princes or Governments, your Majesty's letters patent are not necessary; the property of the soil vesting in the grantees by the Indian grants, subject only to your Majesty's right of sovereignty over the settlements, as English

B

settlements, and over the inhabitants, as English subjects, who carry with them your Majesty's laws wherever they form colonies, and receive your Majesty's protection, by virtue of your royal charters. C. PRATT.

C. YORKE.

(3.) OPINION of the Attorney General, SIR PHILIP Yorke, as to the extension of the Statute Law to a Colony. 1729. Quære. Whether such general statutes of England as have been made since the date of the Charter of Maryland, and wherein no mention is made of the plantations, and not restrained by words of local limitation, are, or are not, in force, without being introduced there by a particular Act of their own?

Opinion.-I am of opinion that such general statutes as have been made since the settlement of Maryland, and are not, by express words, located either to the plantations in general, or to the province in particular, are not in force there, unless they have been introduced and declared to be laws, by some Acts of Assembly of the province, or have been received there by long uninterrupted usage or practice, which may import a tacit consent of the lord proprietor and the people of the colony, that they should have the force of a law there.

P. YORKE

By stat. 25 Geo. 2, c. 6, s. 10, it appears that the Legislature considered usage as sufficient to have extended an Act of Parliament to the colonies.

(4.) JOINT OPINION of the Attorney and Solicitor General, SIR ROBERT HENLEY, and HON. CHARLES YORKE, as to how far subjects emigrating carry with them the Statute Law. 1757. MY LORDS,-In obedience to your Lordships' commands, signified to us by Mr. Pownall, by letter dated April 1st, 1757, accompanied with an enclosed letter and papers, which he had received from Jonathan Belcher, Esq., Chief Justice of his Majesty's colony of Nova Scotia, relating to the case of two persons convicted in the courts there, of counterfeiting and uttering Spanish dollars and pistareens, and requiring our opinion, in point of law, thereon; we have taken the said letters and papers into our consideration, and find that the question upon which the case of those two per