Page:Prerogatives of the Crown.djvu/67

 Ch. IV. Sec. v.] Pressing. 47 ject renders it incumbent on him to assist his sovereign on such occasions (a) ; yet except on such emergencies, and at ordinary times his Majesty has no legal power to force any one to enlist in his armies (b). With respect however to persons who come within the description of seamen and seafaring men, the King may even in time of peace compel them to re-enter the navy, by forcibly impressing them. This prerogative of the Crown, which has been much at- tacked, and is certainly a blot on English freedom, is founded on immemorial usage, recognized, admitted, and sanctioned by various Acts of Parliament (c). It is only exerciseable over individuals who have in the first instance voluntarily chosen a seafaring life, and does not extend to landsmen (^Z) ; fishermen, except in certain cases {e) ; harpooners, line-managers, and boat- steerers employed in the Greenland fisheries {/) ; seamen in the British sugar colonies in the West Indies, or serving in pri- vateers, or trading ships employed in such colonies, except in case of invasion or other emergent necessity (g) ; persons under eighteen years of age or of the age of fifty-five years qr upwards ; foreigners, whether mariners, seamen or landsmen for the first two years of their going to sea ; or to apprentices not used to the sea for the three first years from the time of their binding themselves to serve at sea (h). The right to impress in particular cases has frequently been discussed in the Courts of law. It has been holden, that a keelman or person employed in navigating rivers (/) ; and carpenters employed on board of ships on a coasting or other trade {k) ; are respectively liable to be impressed. Nor does it appear that the captain or master of a trading vessel is ex- empted {I). And seafaring men are not exempted, because they serve the office of headborough (m) ; or are freeholders («) ; or because they are freemen, liverymen (o), or watermen (/?), of the City of London. (a) Foster, 158. 11 Hen. 7. ch. 1. (h) 13 Geo. 2. c. 17. s. 1 and 2. 1 Ed. 3. c. 5. 16 and 17 Car. 1. c. 28. (i) 1 East, 466. 2 and 3 Ph. and (A) See Foster, 157, 175. M. c. 16. s. 7. (c) Ibid. 154. Cowp. 512. 1 Bla: (k) 13 East, 459. Com. 419. 5 Term Rep. 276. (/) Ibid. 550, note. 14 Ibid. 340. {d) See Foster, 157. Cowp. 519. (m) 5 Term Rep. 276. («?) 5 El. ch. 5. s. 43. 50 Geo. 3. («) 5 East, 477. c. 108. s. 2. (o) 9 Ibid. 466. (/) 11 Geo. 3.C. 38. s. 19. (/) Cowp. 512. (g) 19 Geo.2. C.30. s. 1 and 7.- It