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Show 46 AeTs RELATING Part I. propriety of them. They are facred to z‘lzem as acts of parliament. If he makes regulations in his fubordinate legiflative capacity, the courts of jufl'ice are judges of their legality. They am tell whether the regulations are founded on original capitulations, or charters, on the laws al- lowed to be in force in the refpeé‘tive colonies, or in the general laws of the empire ; and if they are not founded on any of thefe, the courts can give relief. Farther, if the grant of eapitulations, or charters, and all the other and fuble- Sect. ll. TO THE COLONIES. 47 If, on the other hand, the grant of capitulations, or original charters, be con fidered as acts of the king in his procurato rial capacity ; and all fubfequent acis oft he king, as ails either of the fubordinate legi flative, or of the executive power; we hav e at once the line we were in fearch of; a line fhewing how far parliament is bound or refirained by any act of the king in the ex- ercifc of that power, with which he is invelted over conquered or acquired countries. The powers or exemptions granted by quent regulations, made by the king in conquered or acquired countries, are made in virtue of one and the fame power, then it cannot vacate. In all things elfe the in- they are all, or none, controulable by the tries are fubjeé't to the power of parli- fupreme 1cgiflation.--Of two confcquences one would follow: Either the king is always allfiluz‘c in conquered or acquired countries, independent of parliament, and tincontroulable by it; or cap/z‘a/alxbiz; and charter: lofe their properties, and ceafe to have the force of compacts.-- It, i capitulations, or original charters, are wha t habitants of conquered or acquired counn ament. |
