Page:Prerogatives of the Crown.djvu/404

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S84 Crown Grants. [Ch. XVI. Sect. thereby in many instances prevented from adopting a different course, in pursuance of his prerogative. " There are also statutes (says Lord Hobart (a) ) which were made to put things in an orderly form, and to ease a sovereign of labour ; but not to deprive him of power which cannot be said to bind the King." Thus though the 25 H. 8. c. 21. s. 3. directing the manner of granting dispensations, licences, &c. in ecclesias- tical cases, provides that dispensations shall not otherwise be granted, the King may grant them as before {b). And though the statute 27 H. 8. c. 27. enacted, that all grants concerning the Court of Augmentations, should be under the seal of that Court, grants under the great seal have been held valid (c). CHAP. XVI. Of Grants from the King* Sect. L— What the King may grant and ivhat he may not. There are certain supreme powers and prerogatives inherent in, and inseparably annexed to the royal character. These form the political capacity of the King, and are incommuni- cable ; the constitution having entrusted the King alone with the discretion and power of exercising them. So that for in- stance his Majesty cannot grant to another the prerogatives {d) of assenting to Acts of Parliament [e) ; of pardoning offenders, unless perhaps abroad and on sudden occasions, as during the King's absence, &c. if) ; or of making Judges, &c. (g), or de- (a) Hob. R. 126. straint on aliening hundreds. Skinner, (6) Ante, 53. 604. (c) Dyer, 50, a. (*) Ante, 74. Qu. in the colonies, (d) " The King cannot grant his pre- ante, 34, 5. rogative," Bro. Ab. Patents, pi. 13. (/) Jenk. 171. pi. 36. Hob. 155. cites 14 H. 4. 9. Bro. Ab. Prerog. pi. 7 Co. R. 36. Mo. 764. 27 H. 8. 18, 60. " Though the King grant ^ura c. 24. s. 1. In the colonies, ante, 35. regalia, yet it shall not exclude the Power of Gorernor of New South Wales, King himself," per Heath, J. Mar. 165. &c. to remit sentence of transportation. See the statute 27 H. 8. c. 24. for re- Ante, 89, 90. 30 Geo. 3. c. 47. annexing to the Crown several powers (g) Bro. Patents, pi. 45, 111. 17 and authorities theretofore exercised by Vin. Ab. 89. Prerog. m. b. pi. 21. Sta- ewners of the Counties palatine. Re- tute 27 H. S. c. 24. s. 2. 5. nizens.