of the common law. It is not denied to the subjects of England to discuss and examine its limits, so it be done with decency and respect, notwithstanding the absurd claims to the contrary advanced by Queen Elizabeth, and the Stuart princes who immediately succeeded her. But such was never the language of the ancient constitution and laws. Thus Bracton states it as a maxim of the English law, that "rex debet esse sub lege, quia lex facit regem," and says, "nihil enim aliud potest rex, nisi id solum quod de jure potest;" and even in the reign of Charles I, Sir Henry Finch, whilst he lays down the law of prerogative in very strong and emphatic terms, yet qualifies it with the general restriction that "the King's prerogative stretcheth not to the doing of any wrong." (1 Bl. Čom. 238-'9; 2 Steph. Com. 485-'6.) W. C. 1. The King's incidental prerogatives. Being only exceptions in favor of the crown to the general rules established for the rest of the community; e. g., that no costs can be recovered against the King; that he cannot be a joint-tenant; that his debt shall be preferred to other debts, &c. These will be considered in connection with the general rules to which they are exceptions. (1 Bl. Com. 240.) 2h. The King's direct prerogatives; W. C. 1. The direct prerogatives which relate to the King's dignity, or political character. Being certain qualities inherent in his royal capacity, distinct from and superior to those of any other individual in the nation, the design of which is to secure to him that reverence, respect and obedience which his high functions demand. (1 Bl. Com. 241 & seq.); W. C. 1. The King's personal sovereignty, or pre-eminence. Hence he is exempt from all jurisdiction, civil and criminal, as the tranquility and order of society require that he should be. (1 Bl. Com. 242; Montesq. Sp. of Laws, B. XI, c. 6.) W. C. 11. The protection afforded to the subject against the crown's invasion of rights by private injuries; W. C. 1. Private injuries in point of property. The subject may petition the King in his court of chancery, where redress will be afforded as a matter of grace. (1 Bl. Com. 243.) 2. Private injuries in point of person. They cannot frequently occur, and when they do, it is deemed better as a choice of evils to submit to them, than to endanger the public peace and security, by subjecting the sovereign to answer. (1 Bl. Com. 243.) 21. The protection afforded against the Crown's public oppressions; W. C. 1. Ordinary public oppression. Such oppression can only exist by the advice of evil counsellors, and the assistance of wicked ministers (the King being capable of performing no ministerial act in person), and these may be examined and punished. (1 Bl. Com. 244.) 2. Extraordinary public oppressions tending to dissolve the Constitution. These are revolutionary proceedings, the oc currence of which the law cannot suppose. If they do unfortunately happen, they must be met by corresponding revolutionary and extraordinary remedies, as in the case of Charles I, and James II. (1 Bl. Com. 244-25.) 2. The King's absolute perfection; W. C. 11. The King can do no wrong. This ancient and fundamental maxim means only that whatever is exceptionable in the conduct of public affairs, is to be imputed to the King's advisers and ministers, and not to himself personally; and that the prerogative being created for the benefit of the people, cannot be exerted to their prejudice. (1 Bl. Com. 246.) 2. The King can think no wrong. Which means that the King can never mean to do an unwise or an injurious action, and whatever of that character proceeds from him is attributed to mere fraud and deception, which renders the act void. (1 Bl. Com. 246.) This personal perfection, however, does not preclude the temperate and respectful discussion of the King's conduct, even by individuals, and much less in parliament. (1 Bl. Com. 247.) 3. The King can be guilty of no laches, or negligence. Hence no delay will bar his right. The ancient maxim is nullum tempus occurrit regi, it being intended that the King is always busied for the public good, and has not leisure to assert his rights. Neither can the King be affected with an at tainder for treason or felony; nor by infancy. (1 Bl. Com. 247-'8. 3. The King's perpetuity. In his political capacity, the King never dies. There is in law no interregnum. Upon the death of the reigning prince, his kingship is vested at once in his heir, who is eo instanti King. (1 Bl. Com. 249.) 21. The direct prerogatives which regard the King's authority. In the execution of these consists the executive part of the government, which is vested in a single hand, in order to secure unity and strength, the King being not only the chief, but properly the sole, executive magistrate, all others acting by commission from, and in subordination to him. The restraint consists in the responsibility of his advisers and ministers. (1 Bl. Com. 250 & seq.) W. C. 1. The King's authority in foreign concerns; W. C. 1. The power to send and receive Ambassadors. Ambassadors and other public ministers are employed to conduct the intercourse between independent States, and in order that they may attend fearlessly to the interests of the State they represent, they enjoy, amongst other privileges, the important one of exemption from the local jurisdiction, civil and criminal, of the foreign State to which they are accredited. (1 Bl. Com. 253 & seq.) 21. The power to make Treaties. The ministry being responsible. (1 Bl. Com. 257.) 31. The power of making War and Peace. Subject to the responsibility of the ministry. (1 Bl. Com. 257-'8.) 4. To issue letters of Marque and Reprisal, Empowering private persons to go beyond the marches, or boundaries of the realm, and to commit reprisals upon the commerce of another State, in order to obtain redress for an injury. It is a state of incipient war, and generally results in war. (1 Bl. Com. 258.) 51. To grant Safe-Conducts. Usually applicable to a time of war, being a permission to foreigners to enter or to remain in the country. In peace the permission is generally called a passport. (1 Bl. Com. 259.) 2. The King's authority in domestic affairs. 1 Bl. Com. 261, & seq. W. C. 1. The King is a constituent part of the supreme legislative power-that is, of parliament. He has the veto-power, and is not bound by any act of parliament, unless he is named therein by special words. (1 Bl. Com. 261-22.) 21. The King is generalissimo of the kingdom. He may raise and regulate fleets, armies, forts, &c.; may appoint ports and havens where-and where only persons and merchandise may pass into and out of the realm; may regulate the erection of beacons, light-houses, and sea-marks; may prohibit the importation of arms or ammunition; and by writ of ne exeat regno may confine his subjects from going abroad. (1 Bl. Com. 262, & seq.) 3. The King is the fountain of justice, and general conservator of the peace of the kingdom. That is, he is the source whence justice is distributed, the courts (which he may erect at pleasure), being the necessary conduits through which it is transmitted to the people. Hence, the proceedings in the courts were in his name, and the courts are designated the King's Courts. (1 Bl. Com. 266, & seq.) W. C. 1m. The early practice in administering justice. By the King in person. (1 Bl. Com. 267.) 2m. The modern practice in administering justice. By judges appointed by the King, but who hold, not as formerly, durante bene placito, but (by Statute 13 Wm. III, and further, by Statute 1 Geo. III,), notwithstanding the demise of the crown, quamdit bene se gesserint. They are removable, however, on the address of both houses of parliament. 3m. In criminal proceedings the Crown is the prosecutor, through its appointed officers. 1 Bl. Com. 268. 4m. Reasons for separating the Judicial power from the Executive and Legislative, respectively. 1 Bl. Com. 269; Montesq. Sp. of Laws, B. XI, ch. VI. 5m The King's pardoning power. 1 Bl. Com. 269. 6m. The King's legal ubiquity. In the eye of the law he is always present (that is, the legal office is) in all his courts, and he is never said to appear by attorney. (1 Bl. Com. 270.) 7m. The King's prerogative of using proclamations. Not to ordain new laws, but to enjoin the observance of those already in being; and also to give general instructions to the subjects touching matters within the King's cognizance. (1 Bl. Com. 270-'71.) 4. The King is the fountain of office, of honor, and of privilege. That is, he is not merely the distributor (as in case of justice), but the parent of them. It is supposed that the King (being charged with the function of executing the laws) is a better judge than any one else of the merits of those whom he will employ, and ought to have it in his power to encourage fidelity and zeal by promotions and distinctions. (1 Bl. Com. 271-'2.) 5. The King is the arbiter of commerce. That is, of domestic commerce only. Com. 273, & seq.); W. C. (1 Bl. 1. Establishment of public Marts, such as markets and fairs. 1 Bl. Com. 274. 2m. The regulation of weights and measures. 1 Bl. Com. 274, & seq. 3. To coin money, and regulate the value thereof. 1 Bl. Com. 276, & seq. 6'. The King is the Head and Supreme Governor of the National Church. 1 Bl. Com. 278, & seq. 3. The direct prerogatives which regard the King's revenue. Treated of under the next head of the King's Revenue, infra, 6o. 1'. The King's Ordinary Revenue derived from Ecclesiastical Sources; W. C. |