362 PARLIAMENTS OF THE DOMINIONS [PART 111
works of Professor Harrison Moore ! and of Sir H. J. enkyns.?
It is suggested, for example, that it would not be possible
for a Colonial Legislature to enact that the enemies of the
country should not be regarded as enemies while in the
limits of the Colony. Or again, can a Colonial Legislature
enact that a colonial bishopric can only be filled by colonial-
born clergymen ? Or that the Governor should exercise his
prerogative of pardon only in accordance with the voice of
a plébiscite ? Or can a Colonial Legislature alter the rela-
tions between the Governor and the Legislature ? The latter
question must, in the opinion of Sir H. J enkyns, be answered
totally in the negative as wholly beyond the powers of any
Colonial Legislature. As will be seen elsewhere, it was the
opinion of Mr. Boothby that the Imperial Parliament alone
could pass an Act establishing a legislative council which the
Crown could not dissolve, or setting up a limit to the royal
choice of its legal advisers by requiring that they should be
or become in three months members of the Legislature and
so forth, and he also denied the power of the Colonial
Legislature to allow a Court consisting of the Governor and
his Executive Council to act as a Court of Appeal from the
Supreme Court of the Colony?
In this connexion there may be considered the doctrine
of majora and minora regalia which, as laid down by Chitty,
distinguishes between the attributes of the king such as
sovereignty, perfection, and perpetuity, which are inherent
in and constitute his Majesty’s political capacity, and which
prevail in every part of the territories subject to the Crown,
by whatever peculiar or internal laws they may be governed,
and the minor prerogatives and interests of the Crown
which must be regulated by the local law of such places as
have peculiar laws. The distinction in the feudal writers
was clearly based on the different capacities of the Crown as
a sovereign and as a land-owning corporation, and in some
cases there has been a tendency to treat the matter as if
t Jour. Soc. Comp. Leg., ii. 280 seq.
' British Rule and Jurisdiction beyond the Seas, pp. 69 seq.
* Parl. Pap., August 1862,
' On the Prerogative, p. 25. Cf. Chalmers, Opinions, pp. 50, 373.