Corvallis gazette. [volume] (Corvallis, Benton County, Or.) 1900-1909, 1902-11-07

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
prerogatives of the monarch, Is entire
ly Inconsistent. The law recognizes
him as an irresponsible being, and yet
the same law defines his powers. In
consequence of this position, the courts
have from time to time interpreted
what constitutes his prerogatives. For
clearer conception of these various
privileges" they have been divided
into four principal classes-yiz., per-
sonal, political, judicial and ecclesias-
tical.
However 1udicrous it may appear to
less 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 (D, but there may be
a demise of the crown, and thereby
transfer of authority. Neither can he
be under age, and if SO, 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 it 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 a felon. The reason for this
is that, If the prisoner were innocent,
no action for false Imprisonment could
be brought against the crowned head.
The king is also exempt from taxa
ton, because, as the revenues is one of
his prerogatives, it would be useless
for him to tax himself, yet the lands
purchased from the prfvy purse are
taxable. No matter what debts he may
contract he can not be arrested or
his goods restrained or 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 a member is
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
ters 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
such as being the "pa1 ent of infants,
idiots and lunatics," are exercised
through ministers and a 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-"not 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 conservator 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-
yenes, dissolves convocation, nominates
the bishoprics and other church pre-
ferments. He is the supreme court In
all ecclesiastical affairs, though this
appellate court is now vested in judi
fcial committee of the privy council
with archbishops and bishops as as
SCISSORS. The dean and chapter of the
cathedral cannot proceed to the cleo
tion of a bishop without the kings per-
mission to elect. When any benefi-
cence is vacant by the promotion Of the
incumbent to a bishopric, other than
a colonial bishopric, the king has the
privilege of appointing. Whenever a
new bishopric is created it is under the
power of an act of parliament.
It seems to be as head Of the church,
saws a writer in the New York Times,
that the king grants licenses to hold in
mortmain, though the right now ex-
tends to lay as well as to ecclesiastical
affairs.