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Show 54a APPENDIX. [A: D.T.] right which they have of {ending their reprefen- Cora/Zzl‘uz‘z'm oftbe Calorie . 543 tatives to aft for them and to content for them in all matters of legiflation; which reprefentatives all the fame and like power: qubrmcery (except where by charters lpecially excluded) as his MaJefty's chancellor within his Majef'ty's kincrdom when met in general allembly, have, together of England hath, and of right ought to havz, by with the Cl‘OWD, a right to perform and do all the like acts relpecting the matters things and delivery of the Great Seal of England-And hence it is tha. all the like rights privileges and rights within the precincts of theirjurildic‘tion, powers, follow the ufe exercife and application as the parliament hath refpecjting the realm and of the Great Seal of each colony and plantation Britilh dominions. Hence alib it is that all the execufz'tve officer, within the precincts of {aid jurifdiétion; as doth, (from the fupreme civil magiftrate as locum tenens to the King, down to that of Conftable and head- and ought of right to follow the ufe, exercife, and application of the Great Seal. borough ;) mull of right be ef'tablifhed with all Hence alto it is that appeals £71 Real aflz‘am, ‘ whereby the lands, tenements, and heredita- and the like powers, neither more nor lefs than as defined by the coni'ritution and law,- as in fact ‘ quef'tion and difpofed ofif do not lie, as of ‘ ments of Britifh fubjeéts may be drawn into they are ef'tablifbed. Hence it is that the judicial afi‘cer and court; of juflice, ef'tablifhed within the precincts of faid ju- right and by law they ought not to lie, to the rifdiétions, have, as they ought of right to have; all thofe jiirifdiétiOIIS and powers ‘ as fully and being, whereby t/Jefuéjcfi within {aid colonies and plantations can be removed *from the juryéiz'iz‘zbn' ‘ amply to all intents and purpofes whatfoever; t0 ‘ as the courts ofKing's Bench, Common Pleas, ‘ and Exchequer, within his Majef'ty's kingdom ofEugland, have, and ought to have; and are empowered to give judgment and award exe- ifii'ium King in council. Hence alfo it is that there is not any law nowin 1 16th Car. I. c. 10. * The cafe of the court eretled by Aét of Parliament I I and 12th. of William III. e. 7. (fince the enafting ofthe Haézm Corfu: Act) for the trial ofpz‘rarz't: felonies and robberies committed in or upon the fea, or in any haven river creek or place where 11;: Admiral has cution thereupon if Hence it is, that by the poileflion enjoyment and exercife of his MajePty's Great Seal delivered jtlri/i{iflion, does no way affect this pofition : Nor cloth the 14. §. of to his Majefty's Governor, there is ellablifhed within the precincts of the refpeétive jurifdiétions in order to their being tried in the colonies, or flu: mto Eng/anti; any way militate with the doctrine here 121d. down: nor can it be I Law in New-England, confirmed by the crown, 061. 22. 170°- all the {aid llatute directing that the commiflioners, of whom iuch court confil‘ts, may iffue their warrant for apprehending fuch pirates &c. applied as the my} 1y" ajuri/Ea'ifiian (mm/[y I‘m/2mg, which fuperfedesand' the jurit'dittions of the courts in the colonies and plantations; as what authorifes the taking the accufed or fuch pirames &c. fiam "mi; 1170/5jurW/iflz'om, and the {ending fuch fl taken to England for .- |