PREROGATIVE. 



exemptions from those charges which, by 

 his grunt, he may impose, as to be quit of 

 toll for merchandize, in every town in 

 J&ngland, and to be exempt from offices 

 under the crown, such as that of consta- 

 ble, provided there be a sufficient num- 

 ber to serve ; but he cannot grant an 

 exemption from the jurisdiction of any 

 court, if lie does not erect a jurisdiction 

 of the same nature in lieu of it, for that 

 would create a failure of justice ; nor to 

 be exempt from punishment, from felony, 

 or trespass. lie may also by proclama- 

 tion or special writ, 'directed to the par- 

 ty, or to the sheriff, restrain any person 

 from quitting the kingdom, and may, for 

 reasons of state, lay an embargo upon a 

 ship. So he may inhibit a public nui- 

 sance. He may also recal, by summons, 

 a subject who goes out of the kingdom 

 \vith or without licence, and if he returns 

 not, upon service of summons, then his 

 lands and goods are forfeited. But, it is 

 said, merchants may abide beyond sea, 

 and a King, in amity, need not deliver up 

 those who rly to him. 



The King may, by his prerogative, 

 command mayors and corporate officers 

 to restrain annoyances, and keep streets 

 clean ; but not in places which are no 

 corporations ; and cannot inhibit a lawful 

 occupation, such as making cards, under 

 pretence of inconvenience, nor restrain 

 the exercise of foot-bali, cock fighting, 

 or other vain sports, except, perhaps, on 

 Sundays. 



As to offices, the King has the nomina- 

 tion of all public officers within the king- 

 dom ; but he cannot create a new office 

 vith a fee, nor appoint an old office with 

 a new fee, to burthen the public, without 

 his Parliament. 



As to trade, he may erect societies for 

 the management of it ,- but cannot grant 

 an embargo on ships, for the benefit of a 

 private trader orcompanv. 



As to matters of revenue, the King can 

 alone coin money within his dominions, 

 upon which the duties are now settled, 

 as in statute 18 Charles 11. ; but the aid, 

 for knighthood, marriage, &c. are taken 

 away by statute 12 Charles II. c. 24- 



With respect to purveyance, he may 

 dig for saltpetre in the lands, stables, and 

 other places of a subject ; but not where 

 he cannot leave the place in the same 

 plight as before. He must leave room 

 for the horses, &c. of the person, and not 

 dig ac improper times, nor return there 

 for a long time, nor can he grant it to an- 

 other, and the saltpetre must be used for 

 the defence of the realm only, and the 



subject is at liberty still to dig in his owtt 

 soil. But he cannot claim any other ne- 

 cessaries, such as timber, wood, fuel, cat- 

 tle, grain, hay, victuals, carts, carriages, 

 &.c. without the consent of the owner, by 

 statute 12 Charles II. c. 24. 



The customs upon merchandise ex- 

 ported and imported, are the ancient in- 

 heritance of the crown, which, it is said, 

 were originally by act of Parliament ; 

 they were distinguished into custuma 

 magna, tt parva, to which were added 

 prisage, or a duty of two tons out of 

 every ship laden with twenty tons of 

 wine ; and btitlerage, or a levy of 2s. per 

 ton, for every ton of wine of a merchant 

 stranger. The citizens of London were 

 exempt from this duty in the port of Lon- 

 don. These duties, it seems, are now re- 

 pealed by statute 27 George 111. c. 13, call- 

 ed the Consolidation act, which affixes a 

 certain rate to the commodities therein 

 enumerated, and 27/. 10s. per cent, with 

 a drawback of 251. per cent, on exporta- 

 tion, upon every other commodity. We 

 have, however, read in the public prints 

 during this year, (1807) of the claim of 

 prisage being made in Ireland, by one of 

 the grantees of the crown, and allowed ; 

 but we presume, so heavy a tax, if it can 

 be claimed, in addition to the duty on 

 wines, must be repealed by Parliament. 

 Customs are not paid where the King 

 has granted goods of a pirate to a pa- 

 tentee, for the King shall not pay custom 

 to himself; and it is said, the King may 

 grant to an alien to pay no more customs 

 than a subject ; but this must be subject 

 to the Consolidation act. 



The King may, by his prerogative, 

 charge an imposition upon the subject 

 for his benefit, as he may grant a certain 

 rate for things sold in a town, for the 

 walls of the town, or repairing the bridge, 

 or the security of those parts. Or that a 

 man may build a wall, or keep a ferry, 

 and take toll for the support of it. But 

 he cannot charge the subject where he 

 has no benefit from it, or a quid pro quo, 

 nor levy new customs, &c. Nor can the 

 merchants, by their consent, grant to the 

 King a tax upon their goods, for their 

 wares would thereby be sold the dearer. 

 Upon all which we must observe, that it 

 should appear this branch of the prero- 

 gative is fallen into disuse, and can 

 scarcely now be claimed, as being altoge- 

 ther inconsistent with the spirit of the re- 

 volution in 1688. And we now see that 

 in all cases where a pier is to be built, or 

 a turnpike-road made, or improvements 

 are made in cities, application is had to 



