BLANKARD versus GALDY Trin W m B R Intr Pas W m rot S C Mod c see the plead  ibidem comb holt where a uninhabited country be find out and plant by English  subject all law in force here be immediate in force there but in the case of a  inhabit country conquer not till declare so by the conqueror vide keb c and  Leon   Calvin Vaugh c vent post Comber Mod wms Sho parliament can Bl Com in  debt on a bind the defendant pray oyer of the condition and plead the statute  e against buy office concern the administration of justice and aver that this  bind be give for the purchase of the office of provostmarshal in Jamaica and  that it concern the administration of justice and that Jamaica be part of the  revenue and possession of the crown of England the plaintiff reply that  Jamaica be a island beyond the sea which be conquer from the Indian and  Spaniard in Q Elizabeth time and the inhabitant be govern by their own law and  not by the law of England the defendant rejoin that before such conquest they  be govern by their own law but since that by the law of England shower argue  for the plaintiff that on a judgement in Jamaica no writ of error lie here but  only a appeal to the council and as they be not represent in our Salkeld er p  parliament so they be not bind by our statute unless special name vide and  Pemberton contra argue that by the conquest of a nation its liberty right and  property be quite lose that by consequence their law be lose too for the law  be but the rule and guard of the other those that conquer can by their victory  lose their law and become subject to other vide Vaugh that error lie here upon  a judgement in Jamaica which can not be if they be not under the same law et  per holt c j cur saint in case of a uninhabited country new find out by  English subject all law in force in England be in force there so it seem to be  agree dly Jamaica be conquer and not plead to be parcel of the kingdom of  England but part of the possession and revenue of the crown of England the law  of England do not take place there until declare so by the conqueror or his  successor the isle of man and Ireland be part of the possession of the crown  of England yet retain their ancient law Salkeld that in Davis it be not  pretend that the custom of tanistry be determine by the conquest of Ireland  but by the new settlement make there after the conquest that it be impossible  the law of this nation by mere conquest without more shall take place in a  conquer country because for a time there must want officer without which our  law can have no force that if our law do take place yet they in Jamaica have  power to make new law our general law may be alter by they in particular also  they hold that in the case of a infidel country their law by conquest do not  entire cease but only such as be against the law of God and that in such case  where the law be reject or silent the conquer country shall be govern accord  to the rule of natural equity judgement pro quer