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Show 3o ACTS RELATXNG Part I. Clearly no act of the king in this capacity can be applied to the prefent quef- tron. The king grants a capitulation, or makes a treaty. In what capacity does he a€t then 3‘ He does not act in his fupreme legiflative capacity. He never acts in that ca- pacity but in conjunction with the other confiituent parts of the parliament. No command is ifliied; nor are the perfons, whom he has in contemplation in this ca- Scét.II. TO THE COLONIES. 3t pacity, the forts of perfons to whom, nor the actions the forts of actions concerning which, his right of iil'uing a command is acknowledged. He does not :18: either in his fubordinate legiflative, or in his executive capa- city. They prelilppofe a more general command concerning the fame actions and perfons. \Vhat does he do then? He makes a compact. He plights the [hit/1 of the na- tion to the obfervance of that compact. He acts as fole agent, as fole reprryénfa- ecutive magiflrate, commands John Stiles to pay the duties; commands a particular officer to rim of the whole legiflature. He is in4 veiled with a jig/Z dzflretionmy power, to receive them, and to accompt fox them to other perfons: he commands thote pert‘ons to apply them to their refpeétive purpofes. Join, Stiles re- be ufed as ['23 thinks bell, and moi't con- fufes to obey this command :~ the king, as execu~ tive magillrate, commands his officers to {eize the goods, fell them, Ste. Here all thefe general commands are applied to individual actions and perfons, The fame reafoning may be applied to cri-n minal cafes. Where the chief executive magiflrate ducive to the benefit of the whole. This certainly is the exercife of a very different power from thofe which are exerted in either of his other capacities. The capacity itfelf then is different; no name the juflice to has been found for it, unlefs that general commit, the goalcr to receive, the judges and jury to try, and the flierifl' to execute the {entence pronounced by the judges. undefined one of prerogative. But though commands the conflable to arrelt, pacrty, no name has been invented, the thing er"- ills, 7 |
