Page:Prerogatives of the Crown.djvu/138

lis ' Fountain bf Privilege. [Ch. Vll I. that almost all nations call their knights by some appellation derived from a horse. They are also called in our law milites, because they formed a part of the royal army, in virtue of their feudal tenures: one condition of which was, that every one who held a knight's fee immediately under the Crown (which in Edw. 2d's time amounted to 20L per annum) was obliged to be knighted, and attend the King in his wars, or to pay a fine for his non-compliance. The exertion of this prerogative as an expe- dient to raise money in the reign of Charles 1 . gave great offence, though warranted by law and the recent example of Queen Elizabeth; but it was by the statute 16 Car. 1. c. 16. abolished, and this kind of knighthood has since that time fallen into great disregard." The King possesses also the power of creating Esquires, and therefore if the King by his commission, constituting a subject a magistrate or military officer, &c. term him an Esquire, he ipso facto becomes such, and his eldest son is qualified to kill game, &c. (a). To the Crown belongs also the prerogative of raising practitioners in the courts of justice to a superior emi- nence, by constituting them Serjeants, &c. or by granting letters patent of precedence to such barristers as his Majesty thinks proper to honour with that mark of distinction, whereby they are entitled to such rank and pre-audience as are assigned in their respective patents {Z>). As the fountain of privilege the King possesses various powers. He may remove personal disabilities by making an alien a denizen {c); by enabling a bastard to be a priest, &c. (d). And his Majesty may in various instances exempt his subjects from common law liabilities ; as for instance, from liability to serve in public employments, offices, &c. (e), to be arrested in civil a<:tions, &c. {/), On similar principles is founded the right of the Crown to hold and confer peculiar lucrative powers and franchises. The jura corona or rights of the Crown, so long as they are attached to the King, are called prerogatives ; but when such prero- gatives are delegated to a subject, they acquire the appellation (a) See 1 T, R. 44^ Chitty, G. L. 55;fK 458, 9, b) 3 Bla. Com. 27, (e) Ante, c. 2 s. 3. And as to theKing's (c) Ante, ch. 3. power to enable a town to send repre- Xrf) Ante, cb. 5» But row a bastard sentatives to Parliament, see ante, ch. 6, anay be a priest without, 1 Bla, Com. </) Sec ludex, tit. Protection. of