PREROGATIVE, in law, means all the rights and privileges which by law the King bath, as chief of the commonwealth, and as intrusted with the execution of the laws ; and this can be only according to Magna Charta. We shall here briefly set down those articles which are enu merated by Lord Chief Baron Comyns, in his "Digest," as belonging to the King's prerogative, premising only, that, many things are laid down in our law books from ancient authorities, which dos not thoroughly accord with the spirit of the constitution,as improved at the revolution; and that every thing, which is contrary to that glorious spirit, may be well question ed to be law at the present day. Those who were formerly called prerogative lawyers were little better than the will ing slaves of absolute monarchy.
As to his domestic concerns, the care of the marriages in the royal family be longs to the King, and is now regulated by statute 12 George III., c. II.
As to foreign nations, he has the sove reignty of the seas surrounding England, and may make treaties and alliances, and send ambassadors and envoys to foreign states ; and a league is said to be broken. by a prohibition of all the commodities of a kingdom in amity. He may, in vir tue of the same right, rant reprisals, by taking the goods of foreign subjects, here or elsewhere, and he is entitled to all prizes; but, by certain acts, called the prize-acts, they are distributed in cer tain shares.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 conic here.
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 11 Henry VII. c. 1 and 18, every man is hound 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 captain of a merchantman to serve as a common man, and, by 13 George H. 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, and that, by 13 Charles H. c. 6, independent of the Houses of Parliament. His troops may be billeted all over; 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. lie 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 VIII since repealed, he might, in effect, make new laws by his proclamation. But now he cannot sus pend the execution of a law for any time, 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 but not with a thing inaluin in se, nor in which the subject has an interest. He may grant is pardon of all offences, as well in the ecclesiastical as the criminal court; but cannot reverse a judgment without process.