Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/281

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Ch. 7.
of Persons.
265

uſed in order to alarm the country, in caſe of the approach of an enemy; and all of them are ſignally uſeful in guiding and preſerving veſſels at ſea by night as well as by day. For this purpoſe the king hath the excluſive power, by commiſſion under his great ſeal[1], to cauſe them to be erected in fit and convenient places[2], as well upon the lands of the ſubject as upon the demeſnes of the crown: which power is uſually veſted by letters patent in the office of lord high admiral[3]. And by ſtatute 8 Eliz. c. 13. the corporation of the trinity-houſe are impowered to ſet up any beacons or ſea-marks wherever they ſhall think them neceſſary; and if the owner of the land or any other perſon ſhall deſtroy them, or ſhall take down any ſteeple, tree, or other known ſea-mark, he ſhall forfeit 100𝑙. or, in caſe of inability to pay it, ſhall be ipſo facto outlawed.

To this branch of the prerogative may alſo be referred the power veſted in his majeſty, by ſtatutes 12 Car. II. c. 4. and 29 Geo. II. c. 16. of prohibiting the exportation of arms or ammunition out of this kingdom, under ſevere penalties: and likewiſe the right which the king has, whenever he ſees proper, of confining his ſubjects to ſtay within the realm, or of recalling them when beyond the ſeas. By the common law[4], every man may go out of the realm for whatever cauſe he pleaſeth, without obtaining the king's leave; provided he is under no injunction of ſtaying at home: (which liberty was expreſſly declared in king John's great charter, though left out in that of Henry III) but, becauſe that every man ought of right to defend the king and his realm, therefore the king at his pleaſure may command him by his writ that he go not beyond the ſeas, or out of the realm, without licence; and if he do the contrary, he ſhall be puniſhed for diſobeying the king's command. Some perſons there antiently were, that, by reaſon of their ſtations, were under a perpetual prohibition of going abroad without licence obtained; among which were

  1. ↑ 3 Inſt. 204. 4 Inſt. 148.
  2. ↑ Rot. Clauſ. 1 Ric. II. m. 42. Pryn. on 4 Inſt. 136.
  3. ↑ 1 Sid. 158. 4 Inſt. 149.
  4. ↑ F. N. B. 85.
K k
reckoned