PREROGATIVE. 
nov in vfbich the subject has an interest. 
He may grant a pardon of all offences, as 
well in tlie eccclesiastical as the criminal 
court; bnt cannot reverse a judgment with- 
out process. 
With respect to things ecclesiastical, he 
has jurisdiction in all ecclesiastical causes, is 
head of the church, and may punish and re- 
press heresies and superstitions, by statute 
37 Henry VIII. c. 17. And ecclesiastical 
laws, which consist of ancient synods, and 
canons, and constitutions, and customs, 
formed with the assent of the King, without 
the Parliament, are of legal authority in 
England, and, it is said, he may dispense 
with those law's. He may, with his com- 
missioners pass ecclesiastical censure, and 
shall have the ordering of all ecclesiastical 
appeals, without appeal to the Pope. The 
highest appeal, by statute 2o Henry VIII. 
c. 19, is to the King, in Chancery, who is- 
sues a commission to his delegates; but 
where the King is concerned, it is to the 
Upper House of Convocation ; and although 
the appeal to the delegates is final, yet the 
King may grant a commission of review. 
The King’s prerogative, as to temporal 
jurisdiction, enables him to make what 
courts he pleases, for the administration of 
the common law, and where he pleases ; 
but he cannot erect a court of Chancery, 
or Conscience, the common taw being the 
birth-right of the subject. The King may 
also grant such commissions as are warrant- 
ed or allowed by the common or statute 
law, as of oyer and terminer, &c. ; but, it is 
said, he cannot grant a commission of in- 
quiry only, without a clause to hear and de- 
termine. He may grant franchises also, 
because all franchises and liberties are de- 
rived from him, as a county palatine, or ju- 
risdiction 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 annum 
inheritance, to be knights, or persons named 
to be seijeants, to take the degree. 
The King may also grant privileges, such 
as those of a forest, chase, warrfen, 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 exemptions 
from those charges which, by his grant, he 
may impose, as to be quit of toll for mer- 
chandise, in every town in England, and to 
be exempt fronj offices under the crovni, 
such as that of constable, provided there be 
a sufficient number to serve ; bnt he cannot 
grant an exemption from the jurisdiction of 
any court, if he 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. He may also by proclamation or 
special writ, directed to the party, 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 in- 
hibit a public nuisance. He may also recal, 
by summons, a subject who goes out of the 
kingdom with 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 fly to him. 
The King may, by his prerogative, com- 
mand mayors and corporate officers to re- 
strain annoyances, and keep streets clean ; 
buthiat in places which are no corporations ; 
and cannot inhibit a lawful occupation, 
such as making cards, under pretence of in- 
convenience, nor restrain the exercise of 
foot-ball, cock fighting, or other vain sports, 
except, perhaps, on Sundays. 
As to offices, the King has the nomination 
of all public officers within the kingdom ; 
but he cannot create a new office with a 
fee, nor appoint an old office with a new 
fee, to burthen the public, without his Par- 
liament. 
As to trgde, he may erect societies for 
the management of it ; but cannot grant an 
embargo on ships, for the benefit of a pri- 
vate trader or company. 
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 II.; 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 can- 
not leave the place in the same plight as be- 
fore. He must leave room for the horses, 
&c. of the person, and not dig at improper 
times, nor return there for a long time, nor 
can he grant it to another, and the saltpe- 
tre must be used for the defence of the 
realm only, and the subject is at liberty 
still to dig in his own soil. But he cannot 
claim any other necessaries, such as timber, 
wood, fuel, cattle, grain, hay, victuals, 
carts, carriages, &c. without the consent 
