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Show 328 ACTS RELATING Part 111'. " and thofe committed not only out of u the king's realm of England, but out 5:61.11. TO THE COLONIES. 329 " of other his grace's dominions, that it goes on, and fays, that all fuch " trea" fons, &c. {hall be from henceforth en" quired of and determined écjbre the " thefe could not be determined or en- "jufiices of the King's Bench, éy a jury " quired of within his {aid realm of Eng" land." Thus particular is the preamble: the enacting part is full and general, and " of the {hire where the faid bench {hall meaning, as it fliould feem, to do more than make an ex fwflflzflo regulation, meaning to efiablifh a permanent prairgfion; it {peaks of ofiences, not only fuch as were " al" ready made and declared treafons," and f0 forth, but fuch as {hould be firrequ‘er made, and declared fo, by any the laws of the realm (meaning the common law) or fiatutes; and here the words, " oz‘fzer " 111': grace': domz'm'om," are dropped defigncdly, and confiderately dropped (as I, feeing other marks of defign and confidera- tion, cannot but fuppofe), in order to give that amplitude to the provifion in re~ fpeét of territory, which by the word flareqflcr, it was unquefiionably meant to give it in point of time: and it is then it -" fit, or clfe éefore fuch commiflioners, " and in fuch {hire of the realm as {hall a: be alligned by the king's commifiion, "and fly ajury of the fame fhire; and " this, in like manner and form, and to u all intents and purpofes, as if fuch trea- " fons, &c. had been committed within " the fame {hire where they {hall {0 be en-" quired of and determined." it is true, that at that time there were no Englifh colonies in America; but it is alfo true, that America then, as now, was out of this realm of England, and confe- quently by the letter of the act, treafons thereafter committed [/167‘5, might be tried as if committed firm. It is alfo true, that though there were no dominions ofthe king at that time in America, yet there were dominions of the king, |