Page:Prerogatives of the Crown.djvu/44

 24 Rights incidmt to Allegiance, [Ch.II. Sec. III. or to the .Sheriff, or Justices of the Peace, or both, command- ing them that they take sureties of the party quod ne exeat ,- and if he refuse to commit him to prison, (a) When used m aid of a debt the latter course is proper. As the King may command his subjects to remain in the country, so he may recal them when abroad by his great or privy seal; and this prerogative extends over all descriptions of his Majesty's subjects. {!)) Various instances in which this royal right has been exercised and acted upon, are to be met with in the antient books, (c) The contempt is incurred from the time when the notice by the King's messenger of his Ma- jesty's command is received by the absent subject, {d) His Majesty receives the answer of the subject, and is judge of the contempt, {e) It is laid down in a book of good authority, that a licence granted by the Crown to a subject, enabling him to remain abroad for a certain specified time, cannot be revoked, (/) but this has been denied ; {g) and it seems more consistent with legal principles that such licences should be counter- mandable, as they are merely granted ex gratia, and circum- stances might be discovered or transpire, after the licence is granted, which would render it dangerous to permit the sub- ject to continue abroad, [h) If the subject to whom the King's command to remain in or return to this country is directed, disobey it, he is guilty of a contempt of the royal prerogative, and on proof thereof on oath, his property may be seized under a commission issued out of the Exchequer, until he return. (/) In the mean time, the King has a greater interest in the property seized than a mere perception of the profits, and may assign or grant the effects quamdiu in manibus suis fore contingerint ; and his Majes- ty (or his patentee) is it seems entitled to woodfalls, may make leases and grant copyholds, being dominus pro tempoi'e, {k) The King's right is not affected by a fraudulent and pre- (a) F. N. B. 85, 188. B. D. E. See {g) Lane, 46. 5 Inst. 179. Beames, 19. (A) See 16 East, 165, where a pro- (i) 3 Inst. 179, 180. Dy. 128, b. tection from impress was held to be re- (c) See Dy. 128, b. 176, 375. Lane, vocable. And see post. ch. 16. 42, 44. 1 Leond. 9. Moor, 109. (i) 1 Bla. Com. 266. 1 Hawk. P. C. (rf) Lane, 46. 22. 3 Inst. 180. lOVes.Jr. 63. (e) Leon. 9. (Jt) Sav. 7, 8. Leon. 9. Dyer, 76, ^/) Dy. 177. 3 Com. Dig. Prerog. in marg. 075. Moor, 112 i 109. D. (D. 35.) pa»c 50. tended