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Show 44 ACTS RELATING Part1. Sec't. ll. TO THE COLOMIES. 4;; both king and council conlidered the is no treaty; no compact; is not granted by the king in his procuratorial capacity. It contains only privileges, granted in his fubordinate legiflative capacity ; and theft: privileges are not only revocable by any fubfequent commands ofthe fu preme legif- granting of the original charter, and the lature, but are no farther valid than as they granting of this/scam! charter, to he acts of the fizme power, exercifed by the king are conformable to fuch of its commands as are now actually fubfifling. This is not a mere difpute of words; the difiinflion is important in its confe- had forfeited its charter, king William granted it a fecond. And it was declared in council that he had a rig/1t to do fo. From the qnefl'ion of the king, and from the anfwer of the council, it is clear that in one and the firm capacity. For all this, it appears pretty evident from What we have before laid down, that though called \quences. by the fame name, they are acts of difi‘e- 'Whatever the king does in his fubordi- rent powers, exercifed by the king in different capacities. The original charters granted to new fettlers appear to be treaties, capitulations, nate legifl'ative capacity, is not only {ub- jeét' to the controul ofthc fupreme legiflative power; that is, to that body, of which he is an eiiential part, on the proceedings compacts, made by the king in his pro- of which he can put an abfolute negative; curatorial capacity. But thefe charters once forfeited, the fettlers are in all points {object to the power of parliament. They are in the cafe of countries furrcndering without terms, or fettlers emigrating but beiides this controul there is another grants charters, or makes treaties in virtue without a charter. A {ubfequent charter of this power, no court can judge of the is pre- in the judicial power, to which, I appre- hend, what he does in his procuratical ca- pacity is not always {tibje&,-\X7lien he |