With respect to things ecclesiastical, he has jurisdiction in all ecclesiastical causes, is head of the church, and may punish and repress heresies and su perstitions, by statute 37 Henry VIII. c. 17. And ecclesiastical laws, which con sist of ancient synods, and canons, and constitutions, and customs, formed with the assent of the King, without the Par liament, are of legal authority in Eng 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 the 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 makes what courts he pleases, for the adminis tration of the common law, and where he pleases ; but he 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 bear 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 20/. 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, &relict 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 merchandize, in every town in England, and to be exempt from offices under the crown, such as that of consta ble, provided there be a sufficient ber to serve ; but 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 he exempt from punishment, from felony, or trespass. Ile 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 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 tly 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-ball, 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 ti new office with 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 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 cannot leave the place in the same plight as before. 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 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 Own 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 H. 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 cuatuma magna, et parra, to which were added prisage, or a duty of two tons out of every ship laden with twenty tons of wine ; and butlerage, 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 III. c. 13, call. ed the Consolidation act, which affixes a certain rate to the commodities therein enumerated, and 27/. 108. 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 i to himself; and it is said, the King may grant to an alien to pay no more customs than a subject ; but this most be subject to the Consolidation act.