n what is now established by
parliament.
[Footnote g: Lord Clar. continuation. 163.]
[Footnote h: Com. Journ. 4 Sept. 1660.]
[Footnote i: _Ibid._]
[Footnote k: _Ibid._ 4 Jun. 1663. Lord Clar. _ibid._]
[Footnote l: _Ibid._ 165.]
[Footnote m: Stat. 1 Jac. II. c. 1.]
[Footnote n: Stat. 1 Jac. II. c. 3 & 4.]
[Footnote o: Com. Journ. 1 Mar. 20 Mar. 1688.]
[Footnote p: _Ibid._ 14 Mar. 1701.]
[Footnote q: _Ibid._ 17 Mar. 1701. 11 Aug. 1714.]
[Footnote r: Stat. 1 Geo. II. c. 1.]
THIS finishes our enquiries into the fiscal prerogatives of the king;
or his revenue, both ordinary and extraordinary. We have therefore now
chalked out all the principal outlines of this vast title of the law,
the supreme executive magistrate, or the king's majesty, considered in
his several capacities and points of view. But, before we intirely
dismiss this subject, it may not be improper to take a short
comparative review of the power of the executive magistrate, or
prerogative of the crown, as it stood in former days, and as it stands
at present. And we cannot but observe, that most of the laws for
ascertaining, limiting, and restraining this prerogative have been
made within the compass of little more than a century past; from the
petition of right in 3 Car. I. to the present time. So that the powers
of the crown are now to all appearance greatly curtailed and
diminished since the reign of king James the first: particularly, by
the abolition of the star chamber and high commission courts in the
reign of Charles the first, and by the disclaiming of martial law, and
the power of levying taxes on the subject, by the same prince: by the
disuse of forest laws for a century past: and by the many excellent
provisions enacted under Charles the second; especially, the abolition
of military tenures, purveyance, and preemption; the _habeas corpus_
act; and the act to prevent the discontinuance of parliaments for
above three years: and, since the revolution, by the strong and
emphatical words in which our liberties are asserted in the bill of
rights, and act of settlement; by the act for triennial, since turned
into septennial, elections; by the exclusion of certain officers from
the house of commons; by rendering the seats of the judges permanent,
and their salaries independent; and by restraining the king's pardon
from operating on parliamentary impeachments. Besides all this, if we
consider how the crown is impoverished and strip
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