PREROGATIVE. 



or elsewhere, and he is entitled to all 

 prizes; but, by certain acts, called the 

 prize-acts, they are distributed in cer- 

 tain shores .amongst the captors, accord- 

 ing to a proclamation to be made in eve- 

 ry new war, and 51. a head is allowed to 

 ships of war for every man killed. The 

 King- may also grant letters of safe con- 

 duct to an enemy here ; and without 

 these, it is said, a foreign prince, though 

 in amity, cannot come he-re. 



With respect to the King's own sub- 

 jects, he has the sole authority to declare 

 war or peace, and to levy soldiers, and 

 by 1 1 Henry Vll. c. 1 and 18, every man 

 is bound to serve the king in his wars, 

 but not out of the realm, except for 

 wages; nor can he be sent out of the 

 kingdom even with an office. In like 

 manner, the right of impressing seamen 

 is acknowledged ; but it must not be ex- 

 ercised wantonly, as by taking a cspuin 

 of a merchantman to serve as a common 

 man, and, by 13 George II. c. 17, persons 

 of fifty-five years of age, and under eight- 

 een, and every person going to sea for 

 two years, and every apprentice during 

 three years, are exempted ; and also all 

 foreigners ; besides which there are 

 other particular exemptions; nor are 

 mariners, except deserters, to be im- 

 pressed in the West Indies. He has also 

 the sole command of the forces, as well 

 militia as regulars 3 and that, by 13 Charles 

 II. c. 6, independent of the Houses of 

 Parliament. His troops may be billeted 

 all oveu the kingdom ; and no one but 

 the King can build forts. 



With respect to time of peace, he 

 enacts laws, together with his Parlia- 

 ment; but cannot by grant or charter 

 alter the law. He may issue proclama- 

 tions to enforce laws; and, by 1 James, c. 

 25, and 12 Charles II. 4, s.*12, may re- 

 strain the transportation of corn, and 

 gunpowder, arms, and ammunition, ge- 

 nerally, or from particular places. By 

 statute 31 Henry V11I. since repealed, he 

 might, in effect, make new laws by his 

 proclamation. But now he cannot sus- 

 pend the execution of a law for anytime, 

 as till the meeting of the next Parlia- 

 ment. It is said, that the King may dis- 

 pense with a thing prohibited, so as to 

 make it lawful, in' case of necessity, to 

 the party to do the prohibited thing ; but 

 dispensations are odious, and, indeed, 

 except under the following limitations, 

 the King's dispensing power may now be 

 questioned. As, however, he may grant 

 a pardon when the offence is committed, 

 it seems not of so much importance. He 



may unquestionably dispense with any 

 thing which is for his benefit, as a penal- 

 ty due to the King; but not with a d'ing 

 malum in se, nor in which the subject has 

 an interest. He may grant. pyrdon of 

 all offences, s well in the ecciesi.'.siical 

 as the criminal court; but cannot reverse 

 a judgment without process. 



With respect to things ecclesiastical, 

 he has jurisdiction in all ecclesiastical 

 causes, is head of the church, and 

 may punish and repress heresies a, id su- 

 perstitions, by statute 37 Henry Vill. c. 

 17. And ecclesiastical laws, which con- 

 sist of ancient synods, and canons, and 

 constitutions, ami customs, formed with 

 the assent of the King, without the Par- 

 liament, are of legal authority in Bug- 

 land, and, it is said, he may dispense 

 with those laws, He may, with his com- 

 missioners, pass ecclesiastical censure, 

 and shall have the ordering of all eccle- 

 siastical appeals, without appeal to the 

 Pope. The highest appeal, by statute 

 25 Henry VIII. c. 19, is to tlu- King, in 

 Chancery, who issues a commission to his 

 delegates ; but where the King is con- 

 cerned, it is to the Upper House of Con- 

 vocation ; and although the appeal to the 

 delegates is final, yet the King may grant 

 a commission of review. 



The King's prerogative, as to tempo- 

 ral jurisdiction, enables him to make* .. 

 what courts he pleases, for the adminis- 

 tration of the common law, and where he 

 pleases ; but lie cannot erect a court of 

 Chancery, or Conscience, the common 

 law being the birth -right of the subject. 

 The King may also grant such commis- 

 sions as are warranted or allowed by the 

 common or statute law, as of oyer and 

 terminer, &c. ; but, it is said, he cannot 

 grant a commission of inquiry only, with- 

 out a clause to hear and determine. He 

 may grant franchises also, because all 

 franchises and liberties are derived from 

 him, as a county palatine, or jurisdiction 

 temporal, or ecclesiastical. 



As to nobility and honour, the King is 

 the fountain of all dignity, and may, it is 

 said, compel all persons of 201. per an- 

 num inheritance, to be knights, or per- 

 sons named to be Serjeants, to take the 

 degree. 



The King may also grant privileges, 

 such as those of a forest, chase, warren, 

 park, fair, market, with tolls, or casual 

 profits, as wreck, waifs, strays, deodands, 

 treasure-trove, royal fish, mines, derelict 

 lands, most of which belong to the King, 

 together with certain privileges in trade, 

 for which see TRADE. So he may grant 



