Page:Prerogatives of the Crown.djvu/56

36 Prerogatives where exerciseable. [Ch. III. usually filled by the immediate appointment of his Majesty, if vacancies happen by death or removal, the governor appoints to such offices until they are filled up from home; and the persons appointed by the governor receive all the profits and emoluments of such offices, until they are superseded by the King's appointment of others (a).

3. The governor has the custody of the great seal, and is chancellor within his province, with the same powers of judicature that the Lord High Chancellor has in England (b).

4. The governor is ordinary within his province; and by virtue of the King's commission, he collates to all vacant benefices: he has also the power of granting probate of wills and administration of intestate's effects, by virtue of his instructions (c).

5. The governor presides in the Court of Errors, of which he and the council are judges, to hear and determine all appeals in the nature of writs of error, from the superior courts of common law in the province (d).

6. The governor is usually named first in the standing commission, issued under the 11 and 12 Will. 3. c. 7. for die more effectual suppression of piracy (e),

7. The governor is also vice-admiral within his province; but he does not sit in the Court of Vice- Admiralty, there being a judge of that Court, who is usually appointed from England. In time of war, commissions to privateers are issued by the judge of the Court of Vice- Admiralty, in consequence of a warrant from the governors (f).

With respect to the colonial assemblies (g), it is most important that any idea that they stand on the same footing as the English House of Commons should be excluded from consideration. The principles on which the English Parliament rests its rights, powers, and privileges, cannot be extended to a provincial assembly. Parliament stands on its own laws, the "lex et consuetudo parliamenti" (h), which are founded on precedents, and immemorial usage. The plantation assemblies derive their energies from the Crown; and are regulated

(a) Stokes, 190, 1. {e) Ibid. 231 to 233. (6) Ibid. 191 to 199. Appeal to King (/) Ibid, 233 to 241. in Council, ante. {g) See in general Stokes, 241. ch. 7. (c) Ibid. 199 to 222. (A) 1 Inst. 11. 4 lust, 50. 2 Ld. . {d) Ibid. 222 to 231. Raym. 1114. by