Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1902-11-06
KINGS ODD RIGHTS.
EDWARD vi. RETAINS lMPOR.
TANT PREROCATlvES.
Con Neither Die Nor Err-Is Not Sub
ject to Law and IL the Only Person
in the Empire Who Cannot Arrest
Eelon.

in the Empire Who Cannot Arrest
Felon.
The prerogatives Of the king Of Eng
land, though considerably curtailed by
q long series Of enactments, are still
Of great extent and Of vast importance.
The theory Of English law, as to the
Of the monarch, Is entire.
" inconsistent. The law recognizes
him as an irresponsible being, and yet
the same law defines his powers. In
Of this position, the courts
have from time to time interpreted
what constitutes his prerogatives. For
q clearer conception of these various
"privileges," they have been divided
into four principal classes-viz., per-
sonal, political, judicial and ecclesias-
teal.
However ludicrous it may appear to-
the untutored American, It is neverthe.
less a fact according to British stat
utes) that among the many rights
which have been taken from the SOW
ereign are that he can neither die nor
make mistakes %, but there may be
demise Of the crown, and thereby
transfer Of authority. Neither can he
be under age, and II so, a protector Is
appointed for administrative purposes.
He is personally irresponsible for crime
or tort, and should injury be inflicted
at the hands Of the king 1t Is attributed
to the blunders Of his advisers.
A curious consequence Of the entire
exemption OF the monarch Is that he
Is the only person in the realm who can
not, under any circumstances whatever,
arrest felon. The reason for this
Is that, II the prisoner were innocent,
no action for false Imprisonment could
be brought against the crowned head.
The king is also exempt from taxa
tten, because, as the revenues 10 one Of
his prerogatives, 1t would be useless
for him to tax himself, yet the lands
purchased from the prlvy purse are
taxable. No matter what debts he may
contract he can not be arrested or
his goods restrained OF taken in exc
cution. This privilege OF being exempt
from taxation applies to the palaces and
all public buildings of state. No ju-
dicial process can be served In royal
residences, but this Immunity does not
extend to buildings when not used as
a royal dwelling, such as Hampton
Court House. Holyrood House Is still
a sanctuary from civil process.
The king Is the supreme executive
and coordinate authority, and is par
amount to parliament, which body he
can dissolve or prorogue at his pleas
ure, but he can not prolong the sessions
beyond seven years. In theory, parlia-
ment exists only at the will Of the SOW
ereign, and vote for member Is
merely franchise granted through the
graciousness Of the monarch, and Is an
Inherent right of the subject.
The king can refuse to assent to a
bill passed by parliament. though it
can be said that this right has not been
exercised since Queen Anne's reign,
when that sovereign refused to sign
the Scottish militia bill. The ruler is
not bound by any act Of parliament
unless he is named therein, and like
wise, any proclamation issued by the
king is only binding when founded upon
and conforming to the common law;
neither can he create any new offense.
The right Of the crown to grant let
tiers Of denization has been preserved,
as has also the valuable power to
grant peerages at will. when not re-
strained by act of parliament. The
right of the king to have supreme COM
mand Of the army and navy was con-
tested by the long parliament. Parlia-
ment has not, as yet, sought to de-
prive the king Of his commercial rights,
which consist Of the coming Of money,
regulating weights and measures. es-
tablishing markets, fairs and seamarks.
He is the sole power in constituting cor
porations. Some of his prerogatives,
such as being the parent of infants,
idiots and lunatics," are exercised
through ministers and board Of trade
His judicial prerogatives proclaim
him to be the Fountain Of Justice"
A learned commentator has said that
in being the fountain OF justice" it
Is not considered that the king Is the
author, only the distributer-"nott the
spring only the reservoir" As supreme
Judge. the king can appoint all the judi
cial officials Except in certain lower
COURTS who act as his deputies and, as
supreme eonseryator of the peace"
through the lord lieutenant in coun-
ties and the lord chancellor in cities
and bOrOughs.
The king is the head Of the church.
BY virtue Of this prerogative he con-
venes. dissolves conyocation, dominates
the bishoprics and other church pre-
ferments. He Is the supreme court in
all ecclesiastical affairs. though this
appellate court Is now vested In a judi
icial committee Of the priyy council
with archbishops and bishops as as
SCISSORS. The dean and chapter Of the
cathedral cannot proceed to the cleo
ton Of a bishop without the kings per-
mission to elect. When any benefi-