Page:Prerogatives of the Crown.djvu/41

 Ch.II. Sec. III.] Rights incident to Allegiance. 21 the right of pressing is vested in the Crown alone. This will be considered hereafter. Grants of exemptions are consti'ued strictly, and must.be. clearly made out. [a) The King's right to restrain his subjects from leaving his. dominions, and to compel them to return from foreign countries, is also grounded on the interest which his Majesty has in his subjects ; but the King has in general no legal power to force any of his subjects out of his dominions, even to carry on a ne- cessary war. (J)) By the common, law, every one, generally speaking, is at liberty to go out of the kingdom without the leave of the King, {c) though some particular classes of persons were it seems always forbidden to do so, without a licence previously obtained, {d) The King's right to keep his subjects within the reahn, which exists at common law, {e) and is expressly recognized in the great charter of King John, {f) may be exercised either by laying on an embargo, which, however, can it seems be legally done only in time of enmity, and in case of necessity, &c. ; [g) or by the common law writ (Ji) of ne exeat regno ; or, if Fitzherbert be correct, by proclamation, because the King may not know where to find his subject so as to direct a writ to him. {i) The writ of ne exeat regno, or de securitate invenienda, ap- pears from the words used in it, " quam plurima nobis et corona: nostrce prejudicialia ibidem prosequi intendis," to be a state writ, (k) and clearly it was originally used merely as such, principally in cases of attempts, or suspected attempts, pre- judicial to the King and nation; in which case the Lord Chan- cellor granted it on application from any of the principal Secretaries, without shewing cause, or upon such information as his Lordship thought of weight. (/) The writ may still be used on similar occasions, and may be obtained in the same manner ; and, when it is not issued out of Chancery in aid of (a) Cowp. 519. 1 Term Rep. 686. Mod. 176. &c. 1 B!a. C. 270, U (h) Ante. 18. 4 Bac. Ab. 595. tit. Merchant ^nd Mer- (c) F. N. R. 85. a. 188. Dyer, 296. a. chandize. N.B. See post. ch. 10. . 165. 3 Inst. 179. 1 Bla. C. 265. 5 Bac. (k) 3 Mod. 127. Ab. 522. tit. Prerogative C. 3. Beames, (?) F. N. kS. 85. C. 1, &c. ; 14. (k) 5 Bac. Ab. 520. See Mr. Beames' (ff) Ibid. Britten, ch. 123. late work on this writ of ne erealr^gp^. (e) 3 Mod. 127. (/) U. Bacon's Ordinance, No. 89. (f) 1 Bla. C. 265. Bean»es, 17. (g) Skinner, 335. 3 Lev. 351. > the