16. The prerogatives of the king arc either direct or incidental. The direct are such positive substantial parts of the royal character and authority, as are 'rooted in, and spring from the king's political person. Incidental bear always a relation to something else distinct from the king's person ; as that no costs shall be recovered against the king ; that he never can be a joint tenant ; that his debt shall be preferred before that of the subject ; that where his title and a subject's concur, the king's title shall be • c e ferred ; an heir must pay the king's debt, though he be not named in the bond; and in cases the king's debt shall be satisfied before that of a subject, and for which there is a prerogative writ.—He is supreme head of the realm in matters both civil and ecclesiastical. No suit or action can be brought against him, for the courts have no jurisdiction over him : so that if any person has, in point of property, a demand upon the king, he must petition him in his court of chancery. All persons born in any part of his dominions are his subjects; or in any part of the world when under his dominion. Under the direct prelogative is comprehended also the power of rejecting bills proffer ed to him by the lords and commons ; making treaties and alliances with foreign states; coining money ; conferring titles of honour ; pardoning offences, with some excep tions ; sending and receiving foreign ambassadors ; of making war and peace ; of issuing reprisals ; of granting sale conducts, Cc. lie is considered as generalissimo over all the military forces in the united kingdom ; has the power of raising and regulating fleets and armies ; can likewise restrain his subjects from going abroad, or recal them from foreign parts.
17. The king is also the fountain of justice, and ge neral conservator of the peace ; all jurisdictions derive their authority from him ; therefore he may erect courts, prosecute offenders, pardon crimes, (except impeachments by parliament,)and issue proclamations, if not contrary to the common law, statutes or customs of the realm, and no proclamations can create an offence that was not so before. He is likewise the fountain of !odour and of office ; where by he is enabled to reward those who have been merrito riously serviceable to the state. He has also the power of conferring upon any one the privilege of precedence, of converting aliens into denizens, &c. He can likewise erect corporations, is the arbiter of domestic commerce, by the establishment or markets, and the regulating of weights and measures, &c.
18. The king is head, and supreme governor of the church, regulating synods, nominating bishops, and receiv ing appeals in all ecclesiastical causes.
19. If an usurper obtains possession of the throne, and takes the coronation oath, the people are bound to obey him ; for by statute they arc compelled to obey a king do facto, and not a king merely de jure.
20. A queen regnant, is where a female holds the crown in her own right, and such a one has the same powers, pre rogatives, rights, dignities, and duties, as if a king.
The queen consort enjoys divers prerogatives above other women, and is considered a public person, exempt from the king ; she can purchase lands, and convey them, make leases, grant copy-holds, and do other acts of owner ship, without the concurrence of her lord : she has sepa rate courts and officers, distinct from the king's ; may sue and be sued alone, without joining her husband ; but at her death, both her real and personal estate go to the king, if she has not previously disposed of them by will, which she can do without license from him. She is considered in all legal proceedings as a feme sole.—A queen dos:lager enjoys the same privileges as a queen consort; and though an alien, is entitled to dower ; but she cannot marry with out the king's lisence, nor is it high treason to violate her person.
21. Subordinate magistrates of the state are, 1. Sheriffs. 2. Coroners. 3. Justices of the Peace. 4. Constables, 5. Surveyors of the highways. G. Overseers of the poor.
22. Sheriffs arc the keepers of each county, annually appointed by the king ; who are said to be vita jusatix, to serve process, and to return juries for the trial of men's lives, liberties, lands, and goods ; vita legis, to execute process, and make execution ; and vita rei publicx, to keep the peace. A man nominated sheriff should have consi derable landed property, that he may be enabled to answer the king and his people if he should be guilty of neglect. To execute his various duties, the sheriff has under him many inferior officers ; as under sheriffs, bailiffs, and jail lers ; who must neither buy, sell, nor farm their offices, on forfeiture of L500. He has the power of calling out the posse comitatus, to defend his county against the king's enemies, or to pursue and take felons and traitors.
23. Coroners are permanent officers of the crown in each county, elected by the freeholders, as sheriffs were former ly ; whose office is to make inquiry where anyone comes to a violent death: to inquire of lands and goods, and escapes of murderers, treasure trove, wrecks, deodands, ; and also in particular cases to supply the office of sheriff. He is a conservator of the peace.
24. Justices of the peace are judges of record, (for none but justices of record can take a recognizance of the peace) appointed by the king's commission within certain limits, for the conservation of the peace ; the pi incipal of these is the custos rotulorum, or keeper of the records of the coun ty ; and two or more justices of the peace can inquire of and determine felonies and other misdemeanors. They hold their sessions four times in the year, and do other acts committed to their charge, by a number of statutes.