Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
UPON the same, or a like reason, the king has also the prerogative of
conferring privileges upon private persons. Such as granting place or
precedence to any of his subjects, as shall seem good to his royal
wisdom[l]: or such as converting aliens, or persons born out of the
king's dominions, into denizens; whereby some very considerable
privileges of natural-born subjects are conferred upon them. Such also
is the prerogative of erecting corporations; whereby a number of
private persons are united and knit together, and enjoy many
liberties, powers, and immunities in their politic capacity, which
they were utterly incapable of in their natural. Of aliens, denizens,
natural-born, and naturalized subjects, I shall speak more largely in
a subsequent chapter; as also of corporations at the close of this
book of our commentaries. I now only mention them incidentally, in
order to remark the king's prerogative of making them; which is
grounded upon this foundation, that the king, having the sole
administration of the government in his hands, is the best and the
only judge, in what capacities, with what privileges, and under what
distinctions, his people are the best qualified to serve, and to act
under him. A principle, which was carried so far by the imperial law,
that it was determined to be the crime of sacrilege, even to doubt
whether the prince had appointed proper officers in the state[m].
[Footnote l: 4 Inst. 361.]
[Footnote m: _Disputare de principali judicio non oportet: sacrilegii
enim instar est, dubitare an is dignus sit; quem elegerit imperator._
_C._ 9. 29. 3.]
V. ANOTHER light in which the laws of England consider the king with
regard to domestic concerns, is as the arbiter of commerce. By
commerce, I at present mean domestic commerce only. It would lead me
into too large a field, if I were to attempt, to enter upon the nature
of foreign trade, it's privileges, regulations, and restrictions; and
would be also quite beside the purpose of these commentaries, which
are confined to the laws of England. Whereas no municipal laws can be
sufficient to order and determine the very extensive and complicated
affairs of traffic and merchandize; neither can they have a proper
authority for this purpose. For as these are transactions carried on
between the subjects of independent states, the municipal laws of one
will not be regarded by the other. For which reason the affairs of
commerce are regulated by a law of their own, called the law merchant
or _lex mercatoria_, which all nations agree in and take notice of.
And in particular the law of England does in many cases refer itself
to it, and leaves the causes of merchants to be tried by their own
peculiar customs; and that often even in matters relating to inland
trade, as for instance with regard to the drawing, the acceptance, and
the transfer, of bills of exchange[n].
[Footnote n: Co. Litt. 172. Ld Raym. 181. 1542.]
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